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2012-02-09 Council Worksession Goal Settting CITY OF MENDOTA HEIGHTS NOTICE OF A SPECIAL MEETING Mendota Heights City Council February 9, 2012 The City of Mendota Heights will hold a special meeting on February 9, 2012 at 9:00 a.m. in the large conference room. The meeting will take place at City Hall located at 1101 Victoria Curve, Mendota Heights, Minnesota 55118. The purpose of the special meeting is to conduct the annual goal setting work session. The mayor and the full city council will be present at the work session. CITY OF-MENDOTA HEIGHTS CITY COUNCIL AGENDA GOAL SETTING WORKSHOP February 9, 2012 — 9:00 a.m. Mendota Heights City Hall 1. Call to Order 2. 2012 City Council Goal Setting a. Public Works/Engineering i. Surface Water Management Plan — pg. 2 ii. Street Assessment Policy and Project Process — pg. 4 iii. Review of Infrastructure Management Plans — pg. 15 iv. Emerald Ash Borer Management pg. 16 b. Public Safety i. Pedestrian Safety at Dodd Road and Highway 110 — pg. 17 ii. Social Host Ordinance — pg. 20 iii. Deer Control — pg. 21 c. Planning i. Commercial Property Maintenance Requirements — pg. 23 ii. Code Enforcement of Residential Property Standards — pg. 24 iii. Special Events Permits — pg. 34 d. Parks and Recreation L Halloween Bonfire Site — pg. 35 ii. 25th Anniversary — Parks Celebration — pg. 36 iii. MHAA Partnerships — pg. 37 e. Economic Development L Development/Redevelopment Opportunities — pg. 39 ii. Future of Old Fire Hall Site/Fischerville — pg. 41 f. Financial i. 2013 Budget Direction — pg. 42 ii. Tuition Reimbursement Policy — pg. 44 g. Miscellaneous 1 Mayor Mertensotto Landmark Designation — pg. 48 11 City Council Workshops — pg. 49 h. Other City Council Initiated Items 3. Adjourn 1101 Victoria Curve I Mendota Heights, MN 55118 _- - 651452.1850:phone 651.452.8940 fax www.mendota•heights.com CITY OF MENDDTA HEIGHTS DATE: February 9, 2012 TO: Mayor and City Council FROM: Justin Miller, City Administrator SUBJECT: 2012 City Council Goal Setting Workshop 1 BACKGROUND Over the past several months staff has been collecting items identified as possible 2012 city council goals. Attached to this report you will find brief reports on each item which hopefully provide the council with background on the current status of the issue as well as any other pertinent information that staff believes will assist the city council. The items are grouped into the following areas: ® Public Works/Engineering ® Public Safety ® Planning ® Parks and Recreation ® Economic Development • Financial ® Miscellaneous It is staff's intent to not necessarily try to solve or come to conclusion on each of these issues during this workshop, but rather to help the city council identify which ones the council sees as important enough to identify as key initiatives for this year. Once those issues have been determined, staff will compile a final 2012 City Council Goals document so that the city council, staff, and the general public can monitor our progress. RECOMMENDATION No faunal action is being recommended during this workshop, but staff will be seeking direction on the various items identified throughout this report. 2 CITY-OF MENDOTA.REIGIITS .. MEMO DATE: February 9, 2012 TO: Mayor, City Council -and City - Administrator FROM: John R. Mazzitello, PE, PMP — Public Works Director /City Enginee SUBJECT: Rogers Lake & Surface Water Management Background Rogers Lake is one of three water bodies in Mendota Heights classified as a lake by the Minnesota Department of Natural Resources. Along with Augusta Lake and LeMay Lake, Rogers lake makes up a significant portion of the surface water in the City. Residents around Rogers Lake have been concerned for many years about weed and algae growth in the lake, particularly in the late sumrner months. Residents have asked the City to remove the weeds (or at least a portion of them) each of the past three years. A group of Rogers Lake residents is currently attempting to form an association that would collect dues and contribute a portion of the wed control fees in future years. In addition to the three lakes in the City, there are also 96 stormwater treatment ponds. In 2011 the City hired a consultant to assess the condition of three ponds: Copperfield, Burrows, and Park Place. These ponds were selected to provide data on a cross section of pond location and size to assist staff in developing a future plan for stormwater pond maintenance. The consultant found that all three ponds had sufficient volume capacity to adequately treat the stormwater runoff from their respective watersheds. Park Place Pond was the closest pond to borderline status, and the consultant identified that there was sediment that needed to be removed around the pond inlet to increase the pond's volume. Pond condition has been an issue with residents for several years. The principle concern of residents is the vegetative growth in the ponds (weeds, algae, etc.). The City's efforts in developing a maintenance plan do not include the aesthetics of the ponds. The City's responsibility for maintaining a stormwater treatment system is based solely on water quality and quantity of runoff. Discussion The past three years of weed control efforts in Rogers Lake may be having an impact on water quality in the lake. Through the Citizen Assisted Lake Monitoring Program (CAMP), and water quality test results from Saint Thomas Academy, the total phosphorous levels in the lake are increasing slightly after several years of decline or no change. The data received this spring from the Saint Thomas Academy Environmental Studies class will provide further information, and whether or not this is a trend to be concerned about. Plant growth consumes phosphorus, so by removing weeds, either mechanically or chemically, the consumption of the nutrient goes down. ,I cweed-temQ..va1 continues, the amount of chemical nutrients going into Rogers Lake should be reduced. In 2010, the proposed Minnesota Pollution Control Agency (MPCA) permit for municipal stormwater was going to be modified to include a stormwater pond maintenance plan as a prerequisite to obtaining the new permit. The State Legislature delayed implementation of the new permit, specifically due to the pond maintenance plan requirement. The new permit is still anticipated within the next year -or two, but the pond maintenance plan component may. .or. may _ not be included. Pond condition (aesthetics, vegetative growth, etc.) continues to be an issue for residents, particularly in the late summer months. Recommendation Provide staff with Council's thoughts on any actions desired pertaining to Rogers Lake, surface water issues, or stormwater pond maintenance. %41';-,,NAAV :WSW CITY OF MENDOTA HEIGHTS MEMO DATE: February 9, 2012 TO: Mayor, City Council and City Administrator FROM: John R. Mazzitello, PE, PMP — Public Works Director/City Engineu,..., SUBJECT: Street Assessment Policy & Project Process Policy Background The city originally adopted its street reconstruction/rehabilitation policy in June of 1992. This policy established the standards by which streets in the City of Mendota Heights are to be built and funded. General policy statements in the approved policy include: 1. Project costs shall include the cost of construction plus engineering, legal, financing, easement acquisition and contingency costs. 2. Assessable costs are project costs minus the City and County share and other credits. MSA funds will not be credited to offset assessments. 3. Special assessments will be levied as soon as practical. Normally this will be within one year after completion of the project. 4. Publicly owned properties, including municipal building sites, schools, parks, County, State and Federal sites, but not including public streets and alleys, are assessable on the same basis as privately owned property. 5. Revenue sources for these types of improvements may include assessments, MSA Funds, infrastructure replacement funds and general tax levies. 6. The Engineering Department shall rate the condition of streets. This rating will be used to determine priority of street improvements in the City's 5 Year Street Improvement Plan. The City will generally improve streets that have the highest priority first. Definitions: The adopted policy also established definitions of standard te iiis to be used when discussing street reconstruction and rehabilitation projects: 1. Reconstruction — A project where many or all meaningful elements of an existing street are being removed and replaced 2. Rehabilitation — A project where one or more element of an existing street is modified or improved in place. 3. Preventative Maintenance — Work on an existing street that involves less than a reconstruction or rehabilitation project 4. Rural Section Street — A street without curb, gutter, and storm sewer or otherwise does not meet City standards for width or thickness. 5. Urban Section Street — A street with curb, gutter, and storm sewer that meets City standards for width and thickness. 4 Construction Standards: The adopted City policy established parameters for street construction, reconstruction, and rehabilitation. Policy statements on these standards include: 1. As rural street sections are not considered desirable, no City funding assistance shall be available for reconstruction or rehabilitation of Waal section streets. 2. It is the City desire to upgrade rural street sections to urban street sections where possible. 3. For streets that are rehabilitated and already an urban design, the City shall finance 50 % of rehabilitation costs. 4. When an urban street is reconstructed all of the reconstruction costs shall be assessed to the abutting property owners. The City will finance 50 % of that portion of the project that could be classified as rehabilitation (the final lift of blacktop). 5. The City shall perform routine and regular preventative maintenance on all streets in the City, until the street has deteriorated to the extent that such maintenance is no longer cost effective. When a street has reached its expected life, no additional preventative maintenance shall be performed. The only work perfouned will be the minimum amount necessary to keep the street reasonably safe. Preventative maintenance shall be funded by the City for streets where preventative maintenance is cost effective. On deteriorated streets, preventative maintenance may be performed at the sole expense and request of the adjoining property owners Assessment: The adopted policy addresses special assessments as part of the construction standards discussion, and established the payback period for such assessments. Assessment policies are summarized as follows: 1. Rural section rehabilitation as rural —100% of cost assessed, 10 year payment period 2. Rural section reconstruction as rural — 100% of cost assessed, 10 year payment period 3. Rural section reconstruction as urban — up to 50% of cost assessed, 20 year payment period 4. Urban section reconstruction — up to 50% of rehab cost assessed, 20 year payment period 5. Urban section rehabilitation — up to 50% of rehab cost assessed, 10 year payment period The following table outlines what other Dakota County Cities have adopted as their street assessment policy. City % Assessed rehabilitation % Assessed reconstruction Apple Valley N/A 30% Burnsville 40% 40% Eagan 50 -100% 75 -100% Mendota Heights 50% 50% South St. Paul 100% 50 -60% West St. Paul 25% 25% Although the City may assess up to 50% of project costs to the adjoining, benefitting property owners for urban section projects, it has been past practice of the City to try to keep the actual assessment amount relatively consistent from project to project. As a result, the City rarely assesses the full 50% it is authorized to under this policy. 6 Assessment Deferral: The adopted policy allows for assessed property owners to apply for a deferral of their assessment. A deferral postpones payment on the assessment for a specified period. Interest on the assessed amount continues to accumulate during the deferral period. City policy allows for deferrals to be granted if the applying property owner is at or over the age of 65 or otherwise retired due to disability. Deferral is also peimitted if the assessed property is unimproved. Assessment deferrals are governed by rules established in. Statutes. Project Development Process The project process outlined by Minnesota Statute 429 prescribes a specific process for developing a project that uses special assessments for financing. These steps are incorporated into the process the City of Mendota Heights now uses. The process is as follows (approximate month of action in a given year): 1. Project identified in the Street Improvement Plan (Oct/Nov) 2. Council authorizes production of a Feasibility Report (April /May) 3. Council accepts Feasibility Report and calls for a public Hearing (June /July) 4. Staff conducts an informal neighborhood meeting (Aug /Sept) 5. Council conducts the Public Hearing and orders production of Plans and Specifications (Sept/Oct) 6. Council accepts final plans and specifications and authorizes advertisement for bids (Jan/Feb) 7. Council accepts bids and awards project to successful bidder and provides notice to proceed (Mar /Apr) 8. Council approves pay requests to contractor as needed 9. Council conducts Assessment Hearing and adopts assessment roll (Oct) 10. Council accepts works and approves final payment to contractor (June) Discussion The adopted policy has been in place for nearly 20 years, and most of the City streets have been reconstructed or rehabilitated under this policy. Staff believes the policy serves the City well, and by relative comparison to other Dakota County Cities, it is one of the more basic and easily understood assessment policies currently in use. Preventative Maintenance: Staff believes the preventative maintenance portion of our streets policy needs to be addressed. As we transition from a reconstruction mode to a rehabilitation and maintenance mode with our street program, the preventative maintenance (cracksealing and sealcoating) of our streets is becoming more important. Cracksealing and sealcoating is necessary to extend the life of a street and is particularly important to accomplish within 5 -6 years, and again within 13 -14 years of reconstruction or rehabilitation (pavement replacement). Currently this program is funded 100% out of the General Fund Levy as part of the Street Department Budget. As the need for preventative maintenance increases due to the general maintenance requirements of our reconstructed and rehabilitated streets, the funding needed for this program is anticipated to increase. The 2012 arurual City budget identifies $50,000 for cracksealing and sealcoating, which is consistent with past years' budgets. Anticipated costs for upcoming preventative maintenance needs are outlined in the Street Improvement Plan and are adjustable within limits, but the current budgeted amount will be insufficient to meet future needs. Staff asks Council to consider several different options for addressing this need. 1. Include preventative maintenance as an assessable street repair activity, and assign a . percentage of project cost that would be assessable (a 100% project cost assessment would amount to approximately.$400.00 per parcelusing unit assessment).* 2. Allow the City to incorporate preventative maintenance into rehabilitation projects to be funded through designated fund balances or City bond share of the project.* 3. Authorize invoicing adjoining, benefitting property owners a share of the project costs.* 4. Approve funding from one or more of the City's fund balances. 5. Approve additional funding utilizing the General Levy (increase the budget line item). 6. Keep the program as is and defer preventative street maintenance into the future. *Option would require an amendment to cun-ent policy Option 6 is the only option that City staff does not recommend. Recommendation . Discuss the existing policy and any issues or concerns with staff. Discuss the preventative maintenance issue, potential funding sources, and provide direction to staff on how to proceed. 8 CITY F M:ENDOTA ft TS STREET REHABILITATION AND RECONS1 _RUCTION POLICY PITRPOSE The City of Mendota Heights Street Rehabilitation and Reconstruction policy is intended to provide a plan for maintaining the City's existing streets, and encourage the upgrade of rural streets to urban design. This document sets forth the methods and policies relating to local street improvements and special assessments practiced in the City of Mendota Heights. It is emphasized that the following summary is general in nature and that certain circumstances may justify deviations from stated policy as determined by the Mendota Heights City Council in its discretion. This policy may also be amended from time to time by vote of City Council. SECTION I DEFINITIONS RECONS IRUCTION - will be defmed as a project whereby many or all meaningful elements of an existing street are being removed and replaced. This would include curb and gutter, sidewalks, bituminous or concrete pavement, granular base and items appurtenant to these elements. 2. REHABILITATION - will be defined as a project in which one or more of the aforementioned elements is modified or supplemented in-place, to restore the serviceability of the existing street (i.e. bituminous overlays). 3. PREVENTIVE MAINTENANCE - will be defined as work that involves a level of effort less than that involved in reconstruction or rehabilitation, the extent of which is to extend the life of the existing improvement. Preventive maintenance will include but not be limited to crack filling, patching, and seal coating. 4. RURAL STREET - any street that has no curb and gutter or storm sewer, or does not otherwise meet City design standards for thickness and width. 5. *URBAN STREET - a street that has curb and gutter, storm sewer, and is designed to City standards for thickness and width. 9 SECTION la GENERAL POLICIES AND PROCEDURES The following are general principles, policies and procedures applicable to all types of improvement: 1. Project costs shall include the cost of all necessary construction work required to accomplish the improvement, plus engineering, legal, financing, easement acquisition and contingency costs. 2. Assessable costs are project costs minus the City and County share and other credits. MSA funds will not be credited to offset assessments as they will be utilized in a revenue pool fund to offset total reconstruction program costs. 3. Special assessments will be levied as soon as practical. Nouns lly this will be within one year after completion of the project. 4. Publicly owned properties, including but not limited to municipal building sites, schools, parks, County, State and Federal building sites, but not including public streets and alleys, are regarded as being assessable on the same basis as if such property were privately owned. 5. Revenue sources for these types of improvements will be many, including, but not limited to assessments, MSA Funds, infrastructure replacement funds and general tax levies. SECTION DI SPECIP IC POLIC 111,S Project Initiation and Hearing Process This section describes the initiation of improvement projects and the administration required to receive final City Council action, pursuant to the requirements of Minnesota Statutes Chapter 429. A. Project Initiation 1. By Petition: Citizen petitions for initiating improvement will be prepared by City staff upon request. Such petitions circulated by the affected property owners should bear the signatures of the property owners of 51 % or more, of the benefitted property(ies). 2 B. 10 When projects are initiated through this process the costs of doing engineering feasibility studies and associated project consideration costs will be borne by the property owner(s) so petitioning. If the project proceeds through construction and assessment those costs will be considered project coStiider Section-11.1 above. If the project does not proceed through construction these costs will be billed back to the property owners petitioning or will be recorded for future project costs consideration at which time the project is concluded. Determination of the method of cost recovery will be made by the City Council. 2, By Council Action: If the Council determines that an improvement is in the best interest of the City, it can, without petition, initiate the improvement with a four/fifths vote of the Council. The Engineering Department shall inventory and rate the condition of streets in the City. This rating shall then be used to determine the priority of street improvements in the City's 5 Year Street Improvement Plan. The City will generally improve streets that have the highest priority first. earing Process I. Improvement Hearing: After a petition is filed and its adequacy determined, or the Council initiates the project, the City Engineer is directed to study and report as to the feasibility of the improvement. If after reviewing the feasibility report, the Council feels the project has merit, a public hearing is scheduled, notice published twice, and persons benefit-Led by the project notified in writing in accordance with applicable State Statutes and City Standards. If after . the improvement hearing, at which all persons are heard, the Council feels that the project still has merit, then the Council will authorize the preparation of necessary plans and specifications, and upon receipt and acceptance of those plans, will authorize the advertisement for bids, by resolution, for the construction of the project. C.. Determining Assessment Method to Use 1. Front Footage Assessment - The front footage assessment method will generally be used on all multiple land use projects as per the City' s adopted assessment policy. That is, if an improvement project affects parcels that are not zoned similarly the front footage method will generally be used. 3 •1 1 2. Unit Assessment - Where a project affects parcels which are all zoned similarly or part of a multi-unit development, the Unit Assessment method may be applied. 3. Area Assessment - Area assessment may be used for storm sewer improvements. This may be necessary for projects where the storm sewer is installed for reasons other than just elimination of ditches. If necessary or desirable to achieve equitable distribution of assessments, the City Council may adopt alternative methods for calculating assessments consistent with the City's adopted assessment policy. D . Amount of Assessments Rehabilitated Rural Streets - Rural streets that are rehabilitated or are reconstructed as a rural section shall be financed 100 % through assessments to the abutting properties. As rural street sections are not considered desirable, no City funding assistance shall be available. 2. Upgraded Rural Streets - It is the City desire to upgrade rural street sections to urban street sections where possible. Therefore when a rural street is scheduled for an improvement, upgrading to urban design will be the objective unless otherwise determined by the City Council. In making such a determination the City Council may consider a petition from property owners to perpetuate a rural street. The City will finance up to 50% of the total project cost through the Tnfrastructure Replacement Fund for an upgrade project. The affected property owners will be assessed the cost of the stow' sewer pipe, the new curb, and a portion of the street reconstruction cost. 3. Rehabilitated Urban Streets - For streets that are urban design, the City shall finance 50 % of rehabilitation costs. 4. Reconstructed Urban Streets - When an urban street is reconstructed all of the reconstruction costs shall be assessed to the abutting property owners. The City will finance 50% of that portion of the project that could be classified as rehabilitation (the final lift of blacktop). 5. Preventive Maintenance - The City shall perform routine and regular preventative maintenance to the extent practical on all streets in the City, until such time as the street has aged or deteriorated to the extent that such maintenance is no longer cost effective. 4 12 When a street has reached its expected life, in accordance with the City's infrastructure rating system, no additional preventative maintenance shall be perfointed. The only work performed will be the minimum amount necessary to keep the street reasonably safe for vehicular traffic. All preventative maintenance shall be funded by the City for streets where preventative maintenance is cost effective. On deteriorated streets, 110 preventative maintenance shall be performed except at the sole expense and request of the adjoining property owners E. Period of Assessments Assessments shall be spread over the life of the project. The expected life of various projects to be used in levying assessments is presented here: Proj ect Type Life Rural Rehabilitation Rural Reconstruction as Rural Rural Reconstruction as Urban Urban Rehabilitation Urban Reconstruction SECTION iv CONSTRUCTION STANDARDS Minimum Desi' Standards 10 years 10 years 20 years 10 years 20 years The following are minimum design standards applied to the design and construction of improvements in the City of Mendota Heights and are for reference to this policy. A. Storm Sewer System Lateral pipe and catch basin size shall be generally be designed to handle a 10 year event and trunk facilities shall generally be designed to handle a 100 year event as determined by the City Engineer. B. Sidewalks, Trails and Bikeways Concrete - 5' wide with 6" sand base - 4" thick Bituminous - 8' wide (2341) Bit. with 6" Class 5, 100 percent crushed rock and 2" Bituminous 5 13 All trails and sidewalks will be located 1' off property line if at all possible, pedestrian ramps and curb drops will be installed according to MN/DOT Standards. C. Streets Urban streets shall be classified as either local or collector streets. Urban local streets shall noiivally be 33 feet wide, face to face, and 7 ton design, curb and gutter on local streets shall be B618. Collector streets shall be 9 ton design and shall normally be constructed to Municipal State Aid (MSA) standards Rural streets are not desirable. Therefore for any rural street reconstruction project the City shall proceed as if the rural street is to be upgraded to urban design. Unless a neighborhood opposes this upgrade, it shall occur. Rural streets that are not upgraded will generally be rehabilitated via an overlay of 1.5 " -2" of blacktop. SECTION V ASSESSMENT DEFERRAL POLICY Deferral of Special Assessments A. Purpose - To indicate in certain instances the City may allow deferral of special assessments levied under this policy. E. Conditions of Deferral: Application for deferral of special assessments under these provisions must be filed within thirty (30) days from the date the assessment roll is adopted. Applications granted shall continue in effect for subsequent years until the property no longer qualifies. Applications shall be filed with the assessor of the taxing district in which the real property is located. C. Situations of Discretionary :t eferral: 1. Senior citizen/low income deferral. At its discretion the City may defer assessments against any homestead property owned by a person 65 years of age or older or retired by virtue of a peiuianent and total disability and for whom it would be a hardship to make the assessment payments. The standards and guidelines governing what constitutes hardship are established by City ordinance or resolution. 6 Additionally, the City may grant a deferral in situations where its hardships standards and guidelines have not been met if exceptional and unusual circumstances exist and no preference or discriminatory treatment will occur. This deferral is subject to the provisions of Minnesota Statutes 435.193. 2. Unimpro-ved property deferral. The City may also defer the assessments of improvements with respect to property which is not directly and immediately affected by the improvement for which the assessment is levied. If applicable, at such times as extensions or connections regarding the improvement directly benefit such unimproved property, the City may require payment of the deferred assessments as well as those relating to the connection or extension. This deferral is subject to the provisions of Minnesota Statutes 429.051. Any such deferral shall be subject to such other terms and conditions including accrual of interest, and shall be subject to termination, all as determined by City Council. Adopted by the Mendota Heights City Council this 16th day of June 1992. CITY COUNCIL CITY OF IVEENDOTA HEIGHTS Charles E. Mertensotto, Mayor ATTEST: • IPlath leen M. Swanson, City Clerk KBE- dfw 14 MY_ OF_MENPOTA HEIGHTS MEMO DATE: February 9, 2012 TO: Mayor, City Council and City Administrator FROM: John R. Mazzitello, PE, PMP — Public Works Director/City Enginee SUBJECT: Review of Infrastructure Management Plans Background On October 5th, 2010, City Council approved the 2011-2015 Street Improvement Plan (SIP). The SIP outlined the anticipated street reconstruction, rehabilitation, and preventative maintenance projects for the next five years and included project maps, preliminary cost estimates, and potential funding sources. The SIP was renewed by Council (2012-2016 planning years) on December 6th, 2011. On January 3rd, 201-2, City Council acknowledged the 2012-2016 Sanitary Sewer Improvement.. and Maintenance Plan (SSIMP). The SSIMP outlined anticipated sanitary sewer cleaning, televising, and rehabilitation (lining) projects for the next five years and included project maps, preliminary cost estimates, potential funding sources, estimated fees from Metropolitan Council Environmental Services (MCES), and estimated revenues from sanitary sewer billings. The SSIMP also included anticipated reconstruction projects with preliminary cost estimates. Discussion During the discussion of the SSIMP, Council requested that a review of the City's infrastructure plans be included at the upcoming goal setting session. As part of each of the two infrastructure plans, an annual review by Council is required. Staff is anticipating bringing these plans forward for review again in the September — November 2012 timeframe. Recommendation Provide staff with feedback on what information Council would like to see included in the infrastructure plans, or if there are any desired changes to fonnat or presentation. 15 16 CITY -OF M INDOTA HFMMfTS NIEM" DATE: February 9, 2012 TO: Mayor; City Council-and City Administrator FROM: Ryan Ruzek — Assistant City Engineer Q' SUBJECT: Ash Borer Management Discussion Minnesota has the third largest population of ash trees in the country. In urban areas, the ash tree became the predominant "replacement" tree when trees were lost to Dutch elm disease. Emerald ash borer (EAB) was discovered in St. Paul, near the border of Minneapolis, in the Spring of 2009. Since our native ash trees do not have any inherent defenses against EAB, all species of ash trees in Minnesota, whether healthy or not, are susceptible to destructive attacks. EAB has killed millions of ash trees in an already affected area of 14 mid - eastern states and portions of lower Canada. An outbreak could greatly affect the City's tree population. Current EAB literature indicates that areas within 15 miles of documented EAB infestations should consider implementing some type of EAB management activities. Management activities could include pesticide treatment of high priority ash trees, removal of at -risk ash trees, and reforestation with appropriate trees other than ash species. What can be done? The first step in the development of an EAB management plan should be to have an accurate count of the ash trees within the city. The most valuable ash trees based on size, health, location and landscape importance can then be identified. Chemical treatments are available to help protect healthy ash trees or those minimally affected. While research has shown rates of effectiveness vary from chemical to chemical, no chemical protection method can be 100 percent effective. Another management option, also widely suggested for Dutch elm disease, is to consider planting another tree or trees in the event important ash trees are lost. Training of staff to learn how to inspect and verify the presence of EAB and to chemically treat select, valuable ash trees within City parks could be considered. If the City does choose to use chemical treatments, it is important we are able to correctly diagnose the disease. Recommendation Provide staff with Council's thoughts on any actions desired pertaining to the management of a potential EAB outbreak. j CITY OF MENDOTA HEIGHTS MEMO DATE: February 9, 2012 TO: Mayor, City Council and City Administrator FROM: John R. Mazzitello, PE, PMP — Public Works Director/City Engineei SUBJECT: Pedestrian Safety at Highway 149 (Dodd Road) & Highway 110 Background In June of 2009, City staff produced a Feasibility Study on alternatives for increasing pedestrian safety at the intersection of Highway 149 (Dodd Road) and Highway 110. The report was completed, in large part, by a retained consulting firm (SRF Incorporated). The consultant was selected by a committee that consisted of Public Works Director/City Engineer John Mazzitello, along with City Council Members Jack Vitelli and Sandra Krebsbach. The Feasibility Report analyzed four alternatives for improving safety for pedestrians crossing at this intersection, and was focused on pedestrian traffic crossing Highway 110 more so than those crossing Dodd Road. These alternatives were: 1. Take no action (do nothing alternative) 2. A pedestrian overpass (bridge) 3. A pedestrian underpass (tunnel) 4. At-Grade crossing improvements at the intersection The consultant did not make a recommendation as to a preferred alternative, but did make deteuiiinations as to the level of feasibility each alternative represented. In selecting a preferred alternative: 1. City Council dismissed the take-no-action alternative because it did nothing to improve pedestrian safety at the intersection. 2. The pedestrian overpass alternative was dismissed due the cost of 'construction and the opinion of the consultant that it would not attain worthwhile usage due to the MnDOT requirement that it be set at least 450-feet east of the intersection. 3. The pedestrian underpass alternative was dismissed also because of the cost and complexity of construction, as well as public safety concerns addressed by both the City Police Chief and Fire Chief. In addition the pedestrian underpass created challenges for stormwater drainage that presented no easy engineering solution. 4. The alternative to improve the at-grade intersection was selected as the preferred alternative and Council directed staff to identify potential funding sources to execute the project. The City made application to the Metropolitan Council for grant money to complete the pedestrian safety project and was awarded $484,000 of construction funds in Federal fiscal year 2013 to complete the project. 17 18 Discussion In order to take advantage of the grant award, the City will need to produce a design for the intersection that addresses the safety concerns for pedestrians. This will need to be closely coordinated through MnDOT, so consultant services will be required. The project development process will have a number of steps, concluding with the construction of the improvements during the summer of 2013. The project development process will be similar to the following (dates are approximate): 1. City Council authorizes staff to seek professional services for project design (2/21/12) 2. City staff issues RFP to prospective bidders (2/28/12) 3. Proposals due to City (3/19/12) 4. Selection committee reviews proposals ad selects the consultant (3/26/12) 5. City Council approves award of professional services contract with consultant (4/3/12) 6. Consultant begins research and design (4/9/12) 7. Consultant completes design (10/15/12) 8. City Council accepts design and authorizes advertisement for construction bid (11/20/12) 9. City staff solicits /opens bids and selects a preferred contractor (2/13/13) 10. City Council awards bid and give notice to proceed to the contractor (2/20/13) 11. Contractor builds improvements (summer 2013) 12. City Council accepts work and authorizes final payment (11/19/13) There is a 20% construction fund match that goes along with the Met Council grant, which the City is obligated to pay. In addition all design fees and consultant costs, along with staff time for the project are the responsibility of the City. If the full amount of the grant is utilized, the City would be obligated to pay $121,000 for the construction portion of the project. Staff estimates the total design and consultant cost will be approximately $90,000. All City related expenses can be paid for out of Municipal State Aid funds. Recommendation If City Council wishes to proceed with the project, staff will bring forward a request to authorize professional services at an upcoming City Council meeting, and the process can begin. Similarly, if there are any specific components to the project City Council desires, inform staff so they can be incorporated into the RFP. 19 B. SIGNAL SYSTEM IMPROVEMENTS TH 110 is considered a principal arterial roadway, and is given priority in terms of minimizing vehicle delay and maximizing mobility. Any signal modification implemented would not be allowed to increase the delay to TH 110 traffic. Th8rGfoFe, the base option discussed as a signal modification would be to instaU pedestrian countdown timers at the intersection. The countdown timers offer the pedestrian the total time remaining to complete their crossing (see Figure 3). Mn/DOT indicates countdown timers are a low cost solution that increases the confidence of pedestrians crossing large intersections. No additional delay to the traffic would be anticipated as there is no impact to signal timing due to the countdown timer installation. With the installation of the countdown timers, there may be an opportunity to upgrade the pedestrian refuge within the median area. The existing median provides for a small bituminous pad near the pedestrian push-button; however, there is not a clear distinction between this standing area and the roadway. An improved median treatment consisting of raised concrete walk with curb and gutter would help channelize the roadway and provide the pedestrian a- more comfortable refuge. The costs provided for this median treatment have been included for this option. In addition to the median treatment, additional raised concrete walk with curb and gutter should be installed along the outside of the intersection in each quadrant. These improvements, in addition to addressing the same concerns of the median refuge, would allow the City to potentially incorporate an improved aesthetic revision to the intersection. To address concerns that pavement quality of the intersection be improved for pedestrians and bicyclists, milling the existing pavement and overlay new pavement would also be warranted. Coordination with Mn/DOT would be required before any p ject affecting the pavement would proceed. The City could also proceed with providing various amenities to the public to improve the visual aesthetics of the intersection. While it has been stated Mn/DOT will not support any project that would be construed to be "traffic- calming" at this location, the City could provide amenities to visually improve the intersection and make the intersection more pedestrian friendly without affecting vehicular traffic. Such amenities include improved concrete walks, plantings such as trees and shrubs, p)8Dte[s, benches, shelters, and monument signing. This list is by no means comprehensive, but illustrates the range of options to consider. A cost anaysis for aesthetic cost comparison is presented in Table 4. The costs developed for Table 4 represent costs for similar intersection improvements, and should not be construed to be costs for a final design at this intersection. ) �����������~���������������� ��^,~�n Setting Workshop "~��� CITY []F09ENOOTAHEIGHTS MEMO DATE: January 31, 2012 TO: Mayor and City Couricil FROM: Mike Aschenbrener, Chief of PoIice SUBJECT: SociaI Host Ordinance BACKGROUND: In September of 2007, an underage young man froze to death on a sidewalk after consuming too much alcohol at a private home. Since that time it has become common place for cities and counties to enact ordinances, commonly named "social host" ordinances, which govern behavior of the residents as it relates to alcohol and underage persons on private property. Minnesota State Statutes (MSS) heavily regulate alcohol sales and consumption; however, these regulations generally do not apply to what occurs in the privacy of the home. MHPD has not had significant issues regarding social host offenses in private residences, and those that do occur are typically resolved after a single offense. However, during the summer of 2011, we did experience problems with a residence where underage parties were a weekly occurrence until officers were invited into the home, witnessed the incident and found the parents were sleeping upstairs. The officers sought to provide relief to the neighbors who had to deal with the noise and other issues related to the frequent parties. We consulted with our city prosecutor and found there were no applicable laws to stop the probtem. Uftimately, one of the parties got out of control and multiple citations were issued, which ultimately resolved the problem. For incidents like this, a social host ordinance would have allowed the city to apply pressure to the ho eowner before the neighbors had to suffer all summer long. It is likely this would be a rarely used enforcement option; however, a social ordinance would encompass the foflowing: • Social host ordinances in general govern underage possession and consumption of aicoho on private property. • They hold the property owner responsible for the actions that occur on their property, whether present or not, whether knowing or unknowing of the activity. • Violations are a misdemeanor offense up to 90 days in jail and/or up to a $1000 fine. There are two options for adopting a social host ordinance: 1. The city adopts and prosecutes its own ordinance, or Z. The city adopts the county ordinance agreeing to have the county attorney prosecute violations. 1 2O ) Goal Setting Workshop CITY, OF[ME0OOTAHBr-BTc MEMO February 1,2OI3 TO: Mayor and City Council FROM: Mike Aschenbrenor, Chief ofPolice SUBJECT: Deer Control BACKGROUND: The Cfty of Mendota Heights began aliowing controiled hunts starting in the late 1990's and was doing them based upon citizen complaints. The problem with this was the citizen's expectations did not match the time commitment that was required of staff to set up a hunt. This continued through 2008 when the council authorized the Metro Bow Hunters Resource Base to hunt on an annual basis using the same guidelines they set forth previously. The purpose of the hunts are to control the deer population to a number of deer that can be sustained by the avaflable green space. In 2012 the city has signed up with the Three Rivers Park District to have an aerial deer count completed for the City to help deflne the population. We regularly receive complaints of deer problems, similar to issues brought to council last fall. Annually we receive multiple requests from individuals to hunt on private or public property. We have in the past directed those wishing to hunt to make application to the Council for permission or to join the Metro Bow Hunters Resource Base (MBHRB). A survey was sent out to neighboring communities to determine the extent of the hunting they altow. If the council wishes to take up the issue of hunting within the city, there are many considerations and multiple options as to how to allow hunting to include but not limited to: No hunting, keep the same rules, allow hunting guided by Minnesota State Statute (MSS), and allow hunting only by the MBHRB. Each option is outlined below for the work required to complete the pr 'ect. * No hunting — no work required by staff or council see attached code O Keep same rules — minimal amount 5. 20 hours of staff time and mailings 1 21 2 2 Goal Setting ������������ ����~" ~~~~"""�� "°~~""^^'""~�u_ • Allow hunting foliowing MSS — Change code 5-4, staff time to research and present changes 20+ hours • Allow hunting by MBHRB — Develop new agreement with MBHRB, define areas the council is comfortable with aliowing hunting in, meet with public (citizens and organizations) gather input present plan/resolution to council 40+ hours of staff time initially and �20 hours annually The issues around hunting can be quite controversial. Any plan should be weli thought out, ensuring the city is not exposed to unnecessary bad publicity, and is considerate of the issues around over population ofthe deer herd. 2 23 AAA C-I-TY-OFZIENDOTA HEIGHTS MEMO DATE: February 9, 2012 TO: Mayor, City Council and City Administrator FROM: - Jake Sedlacek, Assistant to the City Administrat¢i SUBJECT: Commercial Property Maintenance Requirements 5 Discussion The city council directed staff to look into the cost for developing a commercial property maintenance code at their 2011 goals work session. At a regular meeting in June 2011, the city council authorized staff to work with the city planner to develop draft language for this new code. A draft of that language was presented to the planning commission in November 2011 who recommended to staff that the draft language be presented to city council to determine if a faunal application for a zoning amendment should be submitted. The city council will be presented with a draft of property maintenance code language at the February 8, 2012-meeting. The presentation at the council meeting will provide city council an opportunity to discuss the potential scope of an ordinance and what tools are available. Budget Impact If city council chooses to adopt an ordinance for commercial property maintenance, there would be codification costs, and ultimately costs for code enforcement. Action Required Discuss the topic and provide staff with direction regarding commercial property maintenance standards. 24 DATE: TO: FROM: SUBJECT: CITY OF MENDOTA EIG [TS. MEMO February 9, 2012 Mayor, City Council and City Administrator - John R. Mazzitello, PE, PMP — Public Works Director /City Engine Code Enforcement of Residential Property Standards Background The City of Mendota Heights adopted an ordinance instituting residential property maintenance standards in 2005 as Title 12, Chapter 5 of City Code. The ordinance covers seven basic areas (a copy of the Residential Property Maintenance Code is attached for your review): 1. Building and Structure Appearance and Maintenance Requirements 2. Exterior Property Public Health and Safety Requirements 3. Firewood Storage 4. Other Outdoor Storage 5. Accumulations and Hazardous Materials 6. Rubbish and Garbage 7. Storm Drainage The City enforces this code on a complaint basis. If there is an issue with a residential property, any resident may call the City Code Enforcement Officer with the complaint. After verifying the complainant is a Mendota Heights resident (all complaint calls remain anonymous to everyone but the Code Enforcement Officer and Public Works Director), the Code Enforcement Officer inspects the identified property to verify the complaint. Once verified, the Code Enforcement Officer sends a letter to the property owner informing them of the City Code violation, and giving them two weeks to comply and schedule a follow -up inspection. If, after two weeks, the property remains non - compliant, the property owner is sent a second letter, giving them 10 days to comply, or face possible misdemeanor charges. If, after the 10 days have elapsed, the property is still non- compliant, the complaint file is turned over to the City Prosecutor for prosecution. Some of the most common City Code complaints received are: 1. Visible Trash Containers 2. Pet (dog) Complaints 3. Lawn/Weed Growth 4. Items Left in Front Yard 5. Parking on Lawns 6. Non - Shoveled Sidewalks (winter only) 7. Grass Clippings /Leaves in Street Approximately 80 % -90% of all City Code complaints are resolved as a result of the first letter sent. Almost all of the remaining 10 % -20% are resolved due to the second letter. It is a rare occurrence that a City Code complaint makes it all the way to prosecution. 25 'Discussion In 2011, the City published an article on the most common City Code complaints in the Heights Highlights (attached). Since the publication of that article, City Code complaints on these items have dropped off substantially. Recommendation Advise staff as to any changes desired in the Residential Property Maintenance Code, or any changes to how the City Code is enforced. Sterling Codifiers, Inc. Page 1 of 7 26 Chapter 5 RESIDENTIAL PROPERTY MAINTENANCE 12-5-1: FINDINGS AND PURPOSE. STATEIVIENT: The city council finds that it is in the best interest of the city to protect the public health, safety, and general welfare of its citizens. To this end, the city believes that by adoption of these residential property maintenance regulations, it will further the following objectives: A. To preserve the value of residential property within the city; B. To protect the character and stability of neighborhoods within the city; C. To provide for minimum standards of maintenance for residential property within the city and ensure compliance; D. To cause correction to conditions on residential property that do not comply with the standards of maintenance established herein. E. Assist in identification and correction of dangerous or life threatening conditions that may be identified within the city. F. Provide a mechanism to mitigate potential public health issues identified within the city. (Ord. 401, 7-19-2005) 12-5-2: DEFINITIONS: All terms not defined herein shall have the meaning assigned to them in section 12-1B-2 of this title. If a conflict arises as to the definition of any term between this chapter and section 12-1B-2 of this title, the definition in section 12-1B-2 of this title shall control. As used herein, the following words shall have the following meanings: etprlin ar.ndifietrs.com/codebook/nrintnow.php 1/25/2012 2 terling Codifiers, Inc. ACCESSORY STRUCTURET-Shall- have-the-meaning stated in this title. Accessory buildings or structures shall include, but are not limited to: decks, porches, detached garages, ad sheds. BUILDING: Shall have the meaning stated in this title. Buildings shall include, but are not limited to: dwellings, offices, warehouses, and stores. GARAGE, ATTACHED: A garage attached to the principal structure. GARAGE, DETACHED: A garage detached from the principal structure. NATURAL AREA: Any property managed for the development of indigenous prairie and/or forest plants, intended to exist in a wild or natural condition, according to a written plan. PROPERTY: Developed or undeveloped land, parcel or platted lot, including any buildings, structures, and accessory structures thereon. STRUCTURE: Shall have the meaning stated in this title. VEHICLES: Shall have the meaning stated in this title and shall include trailers, boats, watercraft, "ski-doos", snowmobiles, four (4) wheelers, and ATVs. (Ord. 401, 7-19-2005) Page 2 of 7 12-5-3: BUILDING AND STRUCTURE APPEARANCE AND MAINTENANCE REQUIREMENTS: A. Any building or structure, including an accessory structure, is a public nuisance if its exterior does not comply with the following requirements: 1. All exterior property shall be maintained in a clean, safe, and sanitary condition. The occupant shall keep that part of the exterior property, which such occupant occupies, or controls in a dean and sanitary condition. 2. All dwellings, garages and other residential accessory buildings shall have complete siding. No part of any exterior surface shall have significant deterioration including, but not limited to, holes, breaks, gaps, or loose or rotting siding. All exterior surfaces of the structure including, but not limited to, doors, door and window frames, cornices, porches and trim, shall be maintained in a good and safe condition. Exterior wood surfaces on the structures, other than decay resistant woods, stucco or other materials that do not normally require protection from the elements shall be protected from the elements and decay by staining, painting or other protective covering or treatment or other appropriate method acceptable to the city. (Ord. 401, 7-19-2005) ci 4.1-c PrrmIr.nriehook/nrintnow.php 1/25/2012 Sterling Codifiers, Inc. 12-5-4: EXTERIOR PROPERTY-PUBLIC HEALTH AND SAFETY REQUIREMENTS: Page 3 of 7 A. Any building or structure in the city that is found by an authorized employee or agent of the city to be dangerous to public safety or health by reason of the following is hereby declared to be a public nuisance- and'a hazardous structure or condition: 1. Damaged by fire, storm, or vandalism; 2. Defective chimneys or stovepipes; 3. Dilapidated condition or decay; or 4. Any other defect endangering the public safety or health. B. Any structure which is damaged, decayed, dilapidated, unsanitary, unsafe, vermin or rodent infested, presents environmental health risks or which lacks provisions for safe illumination, ventilation, or sanitary facilities to the extent that the defects create a hazard to the health, safety, or welfare of the occupants or of the public, may be declared unfit for human habitation or unsafe to the public by the city. C. Whenever any building has been declared unfit for human habitation or unsafe to the public, the city may proceed to declare the building a hazardous building or hazardous property and may seek to correct or remove the hazardous condition as authorized by Minnesota law. (Ord. 401, 7-19-2005) 12-5-5: FIREWOOD STORAGE: A. The term "firewood" shall mean split wood or unsplit wood logs cut into lengths not exceeding three feet (3') for the purpose of burning in a fireplace or as a recreational fire on the property. B. Firewood shall be kept or stored outdoors in accordance with the following requirements: 1. Firewood shall be stored or kept in a neat and secure stack (maximum of 2 cords, defined as 128 cubic feet per cord), which shall be no higher than five feet (5'). 2. Unless screened by a fence or wall, stacks shall be no closer than five feet (5') to the property line. 28 c tprl in CY (' n ri i fiers.corn/codebook/printnow.php 1/25/2012 Sterling Codifiers, Inc. 2 9 Page 4 of 7 • Th-e firewood stacks-shall not -be- allowed to become infested with rats, rodents, or vermin. 4. Fallen, uncut trees shall be removed or cut up into firewood as soon as it is practicable, not to exceed ninety (90) days. The city council may extend this period, upon written request by the property owner, for an additional ninety (90) days. This requirement may be waived by the code enforcement officer where it is determined that due to natural environmental conditions, the trees do not present a hazard or nuisance. (Ord. 401, 7-19-2005) 12-5-6: OTHER OUTDOOR STORAGE: Except provided for herein or as specifically allowed within the specific zoning districts established by this title, all materials and equipment shall be stored within a structure. A. Exceptions: 1. Clothesline poles and lines, play equipment, garden equipment, patio furniture, and trampolines. 2. Not more than four (4) currently licensed and operable vehicles, including trailers, may be parked or stored on property outside a structure on single-family residential lots. All such parking and/or storage shall be allowed as follows: a. In the front yard, provided they are kept on an established driveway, entirely on the vehicle owner's property. Except as provided herein, recreational vehicles may not be parked or stored on public property or street right of way. b. In the rear yard not closer than ten feet (10') from the rear lot line, five feet (5') from the side lot lines, and not within drainage and utility easements. c. On a corner lot or through lot, not closer than twenty feet (20') from the property line abutting the street side of the lot and not within drainage and utility easements. Where such parking and/or storage is to be located within side or rear yards of corner or through lots, such side or rear yard shall be screened with landscaping and/or fencing from the public street. d. All vehicles must be parked on concrete or bituminous pavement. 3. Construction and landscaping material, which shall be consumed or used on the property within the next thirty (30) days and kept in a neat, workmanlike fashion. 4. Off street parking of motor vehicles as specified in the respective zoning districts. /R17117117 Ctedinacodifiers.corn/codebooldprintnow.php 1/25/2012 Sterling Codifiers, Inc. Page 5 of 7 30 5:Temporary storage pods-usedAro,:tempQrarily storeltems during house remodeling shall be kept on the driveway for a period not to exceed ninety (90) dais except CUP application for major remodeling. 6. No pallets shall be stored on the property seven (7) days after they are no longer used. (Ord. 401, 7-19-2005) 12-5-7: ACCUMULATIONS AND HAZARDOUS MATERIAL: A. Accumulations: Rubbish, garbage, or other hazardous and dangerous materials shall not be stored or allowed to accumulate in stairways, passageways, doors, windows, fire escapes or other means of egress. B. Hazardous Material: Hazardous substances, refuse, pollutants and contaminants, as those terms are defined by federal, state, and local laws, shall not be accumulated or stored unless storage complies with the applicable requirements of all laws, rules and ordinances pertaining to the activity, including, but not limited to, the city's building code and the city's fire prevention code. (Ord. 401, 7-19-2005) 12-5-8: RUBBISH AND GARBAGE: A. Accumulation Of Rubbish And Garbage: All exterior property, and the interior of every structure, shall be free from any unreasonable accumulation of rubbish and garbage causing a nuisance. B. Disposal Of Rubbish: Every occupant of a structure shall reasonably store and dispose of all rubbish and garbage in a clean and sanitary manner in accordance with all laws. 1. Screening: Garbage and recycling containers shall be either: a) stored inside a dwelling or other residential accessory structures not visible from the public street or adjoining neighbors; or b) stored outside fully screened by landscaping or fencing materials keeping the garbage and recycling containers from being visible from the public street or adjoining neighbors. httn-/Awww.sterlingcodifiers.corn/codebook/printnow.php 1/25/2012 31 Sterling Codifiers, Page 6 of 7 ---'-'-a.'eurbside-Collection: Appliances, furniture and similar jtems:sha[l no112eAeft_outside Jar_ collection and disposal for more than seventy two (72) hours. Appliances not awaiting collection and disposal shall not be placed outside. D. Garbage Cans: Garbage cans may be put out for collection the night before and must be •retrieved the next evening. (Ord-. 401, 7-19-2005) 12-5-9: STORM DRAINAGE: A. General: Storm water runoff and drainage of roofs and other hard surfaced areas, yards, courts, and other open areas on the property shall not be allowed to occur in a manner that creates a public nuisance. (Ord. 401, 7-19-2005) 12-5-10: ABATEMENT PROCEDURES: A. Enforcement Officials: The city council shall enforce the provisions of this chapter and may by resolution delegate to various officers or agencies power to enforce particular provisions of this chapter, including the power to inspect private property. B. Notice To Abate: Whenever, in the judgment of city council or the officer charged with enforcement of this chapter, it is determined that a violation hereof is being maintained or exists within the city, such officer shall notify in writing the person committing or maintaining such violation and the owner of the property and require them to remedy such violation and to remove such conditions or remedy such defects. Such written notice shall be delivered to the person committing or maintaining violation and the owner of the property or may be delivered by mail. If the property is not occupied and the address of the owner is unknown, service on the owner may be accomplished in the manner specified for service in rule 4 in the Minnesota rules of civil procedure, except in the case of an emergency and then in such case, service shall be accomplished after posting such notice for twenty four (24) hours. Such notice shall require the owner or occupant of the property, or both, to take corrective steps within a time as defined by the officer charged with enforcement to remedy such violations, such steps and time to be designated in the notice, but the maximum time to remedy a violation after service of such notice shall not exceed one hundred twenty (120) days. In the case of severe financial or physical hardship, the council may grant an extension to the time limit. Said violation shall be corrected "immediately" in the case of imminent danger to the public health, safety, or welfare. Service of notice may be proven by filing an affidavit of service in the office of the city clerk setting forth the manner and time thereof. tith-r //www si erl in gcodifiers.com/codebook/printriow.php 1/25/2012 Sterling Codifiers, Inc. Page 7 of 7 32' C. Report Of Failure To Abate: When notice so given is not complied with, such noncompliance shall be reported forthwith to the city for such action as may be necessary and deemed advisable to abate and enjoin further continuation of such nuisance, including referring the matter to the city's prosecuting aftorney to pursue a judicial remedy on behalf of the city. A violation of this chapter shall be subject to a penalty as provided in section 1-4-1 of this code. D. Abatement By City: In the event the city chooses to abate said violation, the city shall adopt a resolution setting forth the specific details of the corrective matters to be taken. A copy of the resolution shall be sent to the property owner by certified mail and if the violation is not abated within ten (10) days of the mailing of said resolution, the city shall take all actions necessary to abate said violation, keeping accurate records of the cost of the same. E. Costs To Owner: The finance director shall prepare a bill and mail it to the owner of the property for the costs incurred by the city, indluding, but not limited to, administrative costs, attorney fees and costs and the costs of any outside contractor engaged by the city to correct such violation, and thereupon the amount shall be immediately due and payable to the city (the "bill"). F. Costs A Special Tax: If the bill is not paid to the city within twenty (20) days after the mailing of the bill, the city clerk shall extend the costs of abating the violation as a special tax against the property upon which the violation was located, and such special tax shall, at the time of certifying taxes to the county auditor, be certified for collection as other special taxes are certified and collected. The city council may specify an additional penalty for such special tax collections. (Ord. 401, 7-19-2005) //lAnAnxi Oen in pcodifiers.com/codebook/printnow.php 1/25/2012 33 Mendota Heights is a wonderful place to live, work and play. This may be partially attributed to residents doing a wonderful job of keeping their homes in good repair. By and large our community is very well maintained, but there are some common code violations which can be found across the community: Poorly screened trash containers: wherever you choose to store your trash containers, they need to be screened from public view. Screening may include fencing, landscaping, or storage in a garage. The important thing is making sure that passing cars cannot see your trash containers from the street. Trash containers may be brought to the curb the night before your trash pick -up and must be stored out of site again that evening. Pet peeves: Like your parents always told you, owning a pet is a big responsibility. All dogs must be licensed and must be kept on a leash when outside of your property. Even the most gentle of dogs may be threatening to others — please respect everyone's use of public space. Please dean up pet waste in a timely manner. Lawn /weed growth: If you are looking for that natural feel to your lawn, make sure it is contained to a defined area. Lawns must be kept less than twelve inches in height. Please be sure to dispose of yard waste properly — either with your trash hauler or at a local compost site. Items left in front yard: Reusing may be the second R in the recycling chain, but sometimes no one wants your old stuff. If you place an item in your front yard with a free sign, make sure it gets brought back in the same day and disposed of in a timely fashion. Parking on lawns: All licensed vehicles, recreational vehicles, trailers, etc. must be parked on a hard surface. These surfaces may consist of graded and compacted gravel, asphalt, concrete, pavers or other hard surface specifically designed for parking a vehicle. Each residential property is allowed to park up to four licensed and operable vehicles on their driveway. Please help us keep Mendota Heights a beautiful place to live, work and play. The city enforces code violations on a complaint basis, but encourages all residents to lead by example. DATE: TO: FROM: SUBJECT: CITY OF MENDOTA HEIGHTS - MEMO February 9, 2012 Mayor, City Council and City Administrator Jake Sedlacek, Assistant to the City Administrator t� Special Events Permits 34 Discussion Over the summer of 2011 city staff and Mayor Krebsbach were made aware of ongoing planning for an event called World Peace and Prayer Day. This event included a weekend full of activities, some of which were to take place within the City of Mendota Heights. The organizers of the event worked with St. Peter's Church for use of their property; other events included a horse ride through Dakota County and a "group hug" on the Highway 55 Bridge. Use of Historic Pilot Knob was also requested for large groups as a part of the event. Staff and the mayor worked with event organizers on traffic, parking and public safety concerns. In regards to Pilot Knob, Great River Greening worked with the organizers to ensure that the event would have minimal impact on restoration efforts. The 2011 experience with World Peace and Prayer Day emphasized the fact that the City of Mendota Heights has few tools available to permit or deny a wide range of gatherings. Police Chief Aschenbrener has expressed interest in having a special events pei.uiit which would apply to gatherings, events and activities anywhere in the city. Events which would be subject to a special event permit include (but are not limited to): gatherings, parades, athletic contests, concerts and block parties. Chief Aschenbrener has compiled information on special events permits from a number of communities which could be used to draft a permit for Mendota Heights. Given the unique nature of Historic Pilot Knob, it may be advisable to have a permit specific to use of the site. As a public open space, use of the site is intended to be passive in nature. To this end, groups and events at Historic Pilot Knob should be more restricted than gatherings at parks. Assistant to the City Administrator Sedlacek has outlined a number of considerations specific to the use of the site which could be used to draft an event permit for Historic Pilot Knob. Budget Impact Special events pennits are not anticipated to add city cost, as staff is likely to participate planning either way. Establishing permit fees may be a way to recoup some of the costs for ensuring that an event is properly planned. Action Required If directed, staff would develop a city -wide special events permit, as well as a permit specific to use of the Historic Pilot Knob site. 35 CITY .Q -ME A. I€ TS MEMO DATE: February 9, 2012 TO: Mayor, City Council and City Administrator FROM: Jake Sedlacek, Assistant to the City Administrator2D‘S_ SUBJECT: Halloween Bonfire Discussion The annual Halloween Bonfire is a long standing community tradition. The event is hosted by Paster Enterprises on the undeveloped parcel of land between Mendota Plaza shopping center and South Plaza Drive. With the redevelopment of the shopping center, there has been concern the site may no longer be available. Staff has discussed the topic with Paster Enterprises, who own and manage the property. Paster would like to continue to host the bonfire as long as it is feasible, but development of the Mendota Plaza may impact the space available. In a conversation with Dodge Nature Center (Dodge) in the fall of 2011, Mayor Krebsbach and Assistant to the City Administrator Sedlacek learned that Dodge may be interested in hosting the event if Paster Enterprises is no longer able to do so. This is good news, as staff has been seeking alternative sites for the bonfire, knowing that the Mendota Plaza property will eventually be developed. Dodge has enough space to host the event, without encroaching on power lines, rights of way or residential properties. The location is central for residents to bring in materials and to attend the bonfire. This memo is provided for information only — in the event that Paster Enterprises are no longer able to host the Halloween Bonfire, staff will contact Dodge to discuss event logistics if the bonfire must be moved to their property. Budget Impact The city incurs costs for the Halloween Bonfire, including public works time to fence the site and to push the pile together during the week of collections. The fire department provides treats at the event at no cost to the city. Action Required No action required. DATE: TO: FROM: SUBJECT: „ 'ITY:,.DE_MENDOTh HEIGHTS MEMO February 9, 2012 Mayor, City Council and City Administrator Jake Sedlacek, Assistant to the City Administrator\5 Parks Celebration — 25 Years 36 Discussion This summer marks the 25th year of the Mendota Heights Parks Celebration. The parks and recreation commission has discussed how we might expand the event to make it bigger in honor of this milestone. The key difference that the commission has focused in on is to broaden the scope of the event to appeal to all residents, not just families with young children. To this end, the commission has discussed adding a display /expo tent to the event — with invitations going out to the Dakota County Historical Society, Thompson Park Activity Center, fitness groups, and other organizations focused on healthy living. The commission wants also to promote the variety of recreation facilities available across the community. The parks celebration will be Saturday, June 2, 2012. The event will start at 11:00 a.m. and run through 2:00 p.m. Activities at Mendakota Park will include live music and entertainment, the petting zoo, fire truck rides, inflatable bouncers and games. MHAA will be hosting an invitational baseball tournament over the weekend, and the Village at Mendota Heights will host live music Friday night and the 5K walk/run Saturday morning. New this year, there will be guided tours of Pilot Knob, and an event (yet to be determined) at Mendota Plaza. The commission has also been very clear that the event will be well publicized, to ensure that residents know about the expanded activities. This will include information on the web, on flyers throughout town and stories on Patch.com and in the Southwest Review. Budget Impact The 2012 city budget included $5,000 for the event, which will be more than enough to cover all costs for the event. Action Required No action required. 37 DATE: TO: FROM: - SUBJECT: CITY OF MENDOTA HEIGHTS_ . MEMO February 9, 2012 Mayor, City Council and City Administrator Jake Sedlacek, Assistant to the City Administrator City Relationship with MHAA Discussion At the 2012 Budget Work Session staff was asked for further detail on a $10,000 payment made annually to the Mendota Heights Youth Athletic Association (MHAA). This is a payment which the city makes to help offset the costs for administering youth athletic programs. MHAA offers baseball, basketball, football, lacrosse, softball and early soccer programs. MHAA is also reimbursed on a per- capita basis for participation in their t -ball program. As a follow up, Council Member Povolny and Parks and Recreation Commissioner Mike Toth requested a meeting with staff to discuss the relationship between the City and MHAA. As is common in communities in the region, the city relies on MHAA to provide youth athletic programs. MHAA relies on the city for financial support and for facilities for programs. To date, the city has not received regular reports from MHAA on the expenditure of public funds, or the use of public facilities. Council Member Povolny and Commissioner Toth have asked if the city could start a discussion with MHAA about receiving regular reports, and how the city might be able to provide greater support to MHAA. Staff has completed some background work on the issue. Included in this packet is a simple survey of other communities and their relationship to youth athletic associations. Budget Impact The City of Mendota Heights contributes annually to the Mendota Heights Youth Athletic Association. This discussion item has no recommended change to the financial support of MHAA. Action Required Staff recommends that the city council discuss MHAA, and provide staff with direction on how to proceed. 38 • • 5, 0 Youth Athletic Associations in Other Communities ) )7> 73 77 CD : < - CD CD ^.< 0 74: `..< N City contribution to YAA YAA provides regular reports to City Facility fees for invitational tournaments only YAA pays fee to city Facility fees for invitational tournaments only Notes • • 5, 0 Youth Athletic Associations in Other Communities 39 CITY_ ®F_1VIENDOTA HEIGHTS DATE: TO: FROM: SUBJECT: Discussion February 9, 2012 Mayor, City Council and City Administrator Jake Sedlacek, Assistant to the City AdrninistratoS Economic Development in Mendota Heights This memo is intended to serve as a primer for council discussion on economic development. Below you will find a quick summary of our history with economic development and what activities staff currently participates in. The City of Mendota Heights has historically had little involvement in economic development activities. Activities have included the formation of a Tax Increment Finance District to help finance the development of the industrial park. The city also created of a special levy district to fund streetlights in the industrial park. The City utilized assessment authority to help Mendota Plaza improve a parking lot, and to finance a fire sprinkler system for the Fischerville building redevelopment. In the development of Town Center, the city utilized TIF for site acquisition and participated in a Livable Communities Grant through the Metropolitan Council to help offset the cost of structured parking for the first phase of development. Staff has had a limited role in economic development. In the last five years, the city has been represented by the Assistant to the City Administrator at regular meetings coordinated by the Dakota County Community Development Agency. Topics of discussion have included local development activities, regional development opportunities and initiatives such as Metro MSP (available commercial property database), county -wide broadband internet access, Dakota Futures initiatives, services for small businesses and most recently, Greater MSP. The Assistant to the City Administrator has also served as a liaison to the Dakota County Regional Chamber of Commerce and has served as a first point of contact for businesses in community. The City Administrator and Assistant to the City Administrator have fielded phone calls and inquiries from real estate brokers and represented the community at state and regional economic development events. Staff has represented the community as a great place to do business underscoring that our strong business climate has developed without offering financial incentives. The list of recent business developments is impressive and includes: • Bituminous Roadways: • Wells Fargo Call Center: ® Bearance Management Group: ® Northwestern Mutual Life: • Materials Processing Corporation: • Restaurant Technologies Incorporated: ® Lloyd's Barbecue: ® Tempco Manufacturing: new construction occupy vacant space occupy vacant space occupy vacant space occupy vacant space occupy vacant space reinvest in current location reinvest in current location Page 1 of 2 40 ARRT: expansion of current location • Brown College: relocation within the city This list does not touch upon the new retail, personal services and small office uses which fill the developments on either side of Highway 110 at Dodd Road. In contrast to the passive role the city has played regarding economic development, the county and region are developing a new framework and branding intended to emphasize the value in location or growing a business in our region. Specifically, Greater MSP is coordinating efforts . and advocating for the twin cities area as a great place to do business. This is an optimal time to sell Mendota Heights as a great place to do business. As regional efforts to ramp up to bring business to the area, the city may consider being more active in articulating the benefits of doing business here. Mendota Heights is known for low tax rates, a diverse business economy, unparalleled location in the metropolitan area, a well- educated and diverse work force and a reputation for requiring quality development while not creating overly burdensome government oversight. There are many economic development activities which the city could undertake. A range of activities, from passive to proactive is provided below. This is not a comprehensive list; staff does not make any recommendation on this policy matter. Passive: • Maintain the status quo, fielding inquiries as they are received. Minimally Active: • Develop a web presence - articulate the benefits of doing business in the community. • Maintain presence in regional groups to monitor opportunities and trends. Active: • Business inventory: utilized available data to verify the types of industry, number of employees, annual sales, etc. • Create promotional materials. • Business visits: The city can establish lines of communication between local businesses and the government without placing additional burdens upon the community. Proactive: • Consider incentives for businesses, and develop criteria for applications. • Contact real estate brokers about available spaces. • Participate in tradeshows and expos where prospective businesses may be present. Budget Impact Passive and minimal activities as mentioned in this memo can be maintained at current staffing levels. Moving into active or proactive roles may require additional staff time. Recommendation Staff recommends that city council receive the report, have a policy -level discussion of economic development, and provide staff with direction on how to proceed. Page 2of2 DATE: TO: FROM: SUBJECT: `CIS" O"VMENDOTA HEIGHTS MEMO February 9, 2012 Mayor, City Council and City Administrator Jake Sedlacek, Assistant to the City Administratoc966 Old Fire Hall Site 41 Discussion The Old Fire Hall Site is comprised of three parcels totaling .52 acres. These parcels are located just north of 2156 Dodd Road, better known as the Fischerville building. Staff has entertained a handful of calls about the Old Fire Hall Site and the Fischerville parcel since with withdrawal of the purchase agreement for the city property by Compete Beverage Service. There have been no recent inquiries about the Old Fire Hall Site as a stand -alone site. It has been looked at as an alternative to expand parking for the Fischerville building. There are two common themes voiced by potential buyers for the Fischerville property. The first concern is that the parcel lacks adequate parking. The second concern is the cost to clean up environmental impacts in the old service building. Each inquiry has been provided with zoning details for the Fischerville building and has been informed that the city owned property is not officially on the market. Staff has outlined the process for planning review, and for consideration of any offer to purchase the city owned property. Budget Impact Maintenance of the Old Fire Hall site includes weekly mowing, irrigation when needed, maintenance of the fence and storm drain inlet. Staff time spent with potential purchasers is generally considered a part of standard planning duties. Action Required No action required. 42 CITY OF MENDOTA HEIGHTS MEMO February 1, 2012 TO: Mayor, City Council, and City Administrator FROM: Kristen Schabacker, Finance Director vo SUBJECT: Budget and Levy History The attached spreadsheet shows the general fund budget numbers and the levy numbers for the city for the past ten years. During these ten years, we have faced levy limits in 2003-2004 and 2009-2011. We also lost our Market Value Homestead Credit (MVHC) in all of these years, but 2007. The MVHC program is no longer in existence beginning in 2012. In looking at the general fund budget numbers, here are a few items of note. 2005 - $50,000 was included for street seal coating. 2005 - $25,000 additional funding included for trail maintenance in parks. 2005 - $96,000 in police capital expenditures. 2006 - $31,500 IT wages were added in administration budget. 2006 - $40,000 administration contingency was increased by this amount. 2006 - $110,000 dump truck purchase in the street department budget. 2007 - $121,000 dump truck purchase in the street department budget. The following items were significant in our levy history. 2005 — 2007 radio escrows in the amounts of $135,000, $125,000 and $175,000. In 2005 we lost our MVHC and used the $135,000 to cover that loss and delayed the escrow for the radios. 2008 — This was the first year that we levied an amount for the Par 3 bonds. 2009 — This was the first year that we levied for the fire truck purchase. 2010/2011 — The city levied $66,000 and $112,750 respectively for lost aid in these years. In planning for 2013 budget, both contracts for the bargaining units contain a 2% increase in wages. We also could be faced with levy limits in 2013. These factors will influence the preparation of the 2013 budget. 43 Budget Comparisons W0)MMMNT-00000 CO r•-• r-- 'I' '7' CO '7' in 1,-. ,-- 0) r N. CO N CO CO CO in o, co -,-- VI CO CO 2 c5 Nfcric4c6c6c6N:,.c6c6,--- CO cc 7 - i s-',. 0 N 00007—,00..1.0r.0) N r T- (0 r 0) 'Cr v- CO 0 69 rM0000,1-07-rr0 CO NWCON000000.7-0 (7) NM•1-0.0rCONM.1•00 r '77'47N-0406T-.7160) r04.rN 04. 00'7—cT0000000 0 cc-) 0) %— CO Nr 04 CO . 04 -• .. • • 69. (7) 000000000000 0 ° 0 010Nr0T-N7sNsTLOW 7' M MN0r00.001.000r r 0 W N vi0dc456',...-0560)ccioti1Li d 6 CO o co N (0 0 LO 0) ("1 0) CO 1-- N (0 CO v.- 0) v- (i) CO 01 f..... N. .,-- ,-- 01 0 C1 C6 N 69 69- 000000000000 0 M NOMWO'CN,TMOOM W i CO CO 0 0 cr 0 0 0 CO 'ty. 1*.- ,— ,— 0 0) rocTo5moaiddr---Lccctd .,-, d 0 OWM0)00NNNNN 6 M 0 M 1 MN1O0r r r N 04 (0 (0 69 69 000000000000 0 NC4) N-0) r7-00)0) MNW CO 0N001,7NrCO.Or M 01'77C6N-06'7706r7516 '77 0 Mr(ONMCONOCOCON W 0 M MCONCONr N N oi EF). 10 (0 69. 000 00000000 0 iiks 0 NON 0)00)00MNW N N 000r 00)rrtO0NW N M N M N. 01NT-7 ccidc5doc tri oi (0 0 CO CD "4' Nr ,/' s— CO .— Nt N N 0 0 MMNN.Nr 0 0 N 01 16 0- fa Ea 000 00000000 0 N('40) rM00) T-0),T1.0 M 000 0)NNO1CO0)0) r r CD N "cr N. cci s- cO" ,-- CO ..4 4") N 0 NI- c\I vr st o 0) ',- .,:t 0 N LO 0 CO v- CO v- N CO v. 0 N 0 L.6 Ea 000 00000000 NOOM COWMCOMMWr M 000.N 0)400(14 N- o Lc-) cT o's N. 01 N. 05 (0t v.- CO 00 OD v- N 0Nr0Wr 77 000 00000000 0 WOM NMWMCOLONN N C7<1.0 0NCONN'crr'cr N N47006 60)t tri 0 NCO 't 0000MON N 0 N NNrCOLOr r N 0). 000 00000000 0 OWCO NNCOMWWON r ';TCOr N.N*7-7'000. M 166d .,--c\itrica CO 0 ("40) ('3 WLOOMN 0 0 N (04') 14)14) r N 2 t73 '42 tn —Inc 0) CO 0 Z-Eo • E 4) CD C E 0_ o tio ci<wto_u_Oomo-Wd Cf . c\I 0) N C6 0) 0 69 $3,779,719 $4,230,977 0 0 0 co E DATE: TO: FROM: SUBJECT: -CITY OF MENDOTA HEIGHTS MEMO February 9, 2012 Mayor, City Council, and City Administrator Tamara Schutta, HR: Coordinator Personnel Policy Section 23. Educational Incentive — Tuition Refund BACKGROUND During the 2012 budget discussions in August 2011, the City Council asked staff to review the Educational Incentive — Tuition Refund policy. In 1985, the City Council passed Resolution 85 -107 adopting the personnel code. The purpose of the code is to establish a uniform and equitable system of municipal personnel administration for all employees of the city of Mendota Heights. Included in the personnel code is Section 23, Education Incentive — Tuition Refund. The objective of this policy is to encourage employees to continue to improve their skills and knowledge as an investment in quality performance for the mutual benefit of the employee and the city. The Education Incentive — Tuition Refund policy reads: All peiuianent, full -time city employees are encouraged to further their education by enrolling in work - related courses. The city shall provide an Education Incentive Plan for all permanent full -time employees of the city. If funds are not provided by any other governmental agency, the city shall pay the cost of tuition equal to that charged by State institutions after the employee has successfully completed a work - related course with a grade of "C" or better. The City Administrator will determine if a course is work- related and eligible for reimbursement. Upon completion of the course, the city shall pay the employee a one -time payment of ten dollars ($10.00) for each credit hour the employee has earned. A certificate or some other proof of achievement in an approved course shall be placed in the personnel file of the employee. To be eligible for tuition reimbursement, employees must have completed their probationary period and the college course or degree program must be work related. The degree program or college course must be approved by the supervisor /department head and City Administrator. The employee must receive a `C' or higher to receive tuition reimbursement from the city. The city reimburses the cost of tuition equal to that charged by the University of Minnesota. The University of Minnesota's current undergraduate rate is $448.08 per credit and the graduate part- time rate is $1,167.67 per credit. A tuition reimbursement survey was sent to metro cities and several responded. Attached is a summary of their responses. A number of cities have set limits ranging from $750 to $5,250. There are also a number of cities that have not set a limit Recommendation City staff is seeking Council direction. 48 DATE: TO: FROM: SUBJECT: CITY OF MENDOTA HEIGHTS MEMO February 9, 2012 Mayor and City Council Justin Miller, City Administratotw- Mayor Mertensotto Landmark Designation BACKGROUND With the recent passing for former Mayor Mertensotto, there has been discussion of how to best honor his achievements to the City of Mendota Heights. In other cities, practices have ranged from renaming streets or parks, naming buildings in a person's honor, establishing scholarships, or displaying plaques denoting their accomplishments, just to name a few. Ideas that have been suggested in Mendota Heights include renaming Lake Drive, the Mendakota Park ball fields, or the industrial park after Mayor Mertensotto. At the direction of the city council, staff will provide further guidance on the process and budgetary impacts of the favored designation. 49 DATE: TO: FROM: SUBJECT: City Council Workshops CITY OF MENDOTA HEIGHTS MEMO February 9, 2012 Mayor and City Council Justin Miller, City Administrator BACKGROUND Currently the city council is scheduled to meet the first and third Tuesday of each month. Staff believes discussing the merits of holding city council workshops for specific topics throughout the year is worthwhile during this city council goal setting session. Workshops provide an atmosphere for the city council and staff to discuss items more in depth and without time constraints from other agenda items. Specifically, items potentially suitable for workshops this year include: • 2013 budget ® City code amendments • Infrastructure management plans • Personnel policy issues ® Assessment policy revisons The frequency of such workshops would be at the discretion of the city council.