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2012-01-03 Council PacketREMINDER:_ EMPLOYEE RECOGNITION RECEPTION BEGINS AT 6:30 PM JUST PRIOR TO THE COUNCIL MEETING CITY OF MENDOTA HEIGHTS CITY COUNCIL AGENDA January 3, 2012 — 7:00 p.m. Mendota Heights City Hall 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Adopt Agenda • 5. Approval of the Minutes of the December 20, 2011 City Council Meeting 6. Consent Agenda a. Acknowledgement of the December 2011 Building Activity Report b. Acknowledgement of the Outdoor Warning Siren Replacement and Upgrade Update c. Approval of the Official Newspaper for 2012 d. Adoption of, "RESOLUTION FORMALLY ACKNOWLLEDGING THE RECEIPT OF GIFT OF $250 FROM HUGO AND SUSAN BLACKFELNER" e. Adoption of, "RESOLUTION ADOPTING THE JOINT POWERS AGREEMENT WITH STATE OF MINNESOTA MATERIALS MANAGEMENT DIVISION AND THE CITY OF MENDOTA HEIGHTS TO ACCESS COOPERATIVE PURCHASING VENTURE" f. Adoption of, "RESOLUTION ADOPTING DATA PRACTICES POLICY AND APPOINTING DATA PRACTICE COMPLIANCE OFFICIALS" g. Adoption of, "RESOLUTION ESTABLISHING 2012 CITY DEPOSITORIES OF FUNDS" h. Adoption of, "RESOLUTION ACCEPTING PLEDGED SECURITIES FOR 2012" i. Annual appointment of Disaster Preparedness Committee Representative j. Authorization to Change Bank Signature Cards k. Approval of the 2012 Teamsters Local #320 Contract I. Approve the Claims List 7. Presentations a. Annual Employee Recognition Awards b. Acknowledgement of Retiring and New Probationary Firefighters 8. Public Comments 9. Unfinished and New Business a. Planning Case 2011 -33: Critical Area Permit — 1665 Lexington Avenue, and adoption of, "RESOLUTION APPROVING A CRITICAL AREA PERMIT FOR LANDSCAPING AT 1665 LEXINGTON AVENUE" b. Appointment of Acting Mayor for 2012 c. Approval of the 2012 -2016 Sanitary Sewer Improvement and Maintenance Plan d. Minnesota Investment Fund Request (discussion item) 10.Council Comments 11.Adjourn Mendota Heights City Council CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Item 5 December 20, 2011 Page 1 Minutes of the Regular Meeting Held Tuesday, December 20, 2011 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Krebsbach called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Duggan, Povolny, Petschel and Vitelli. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Krebsbach presented the agenda for adoption. Councilmember Duggan moved adoption of the ■ agenda. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Duggan requested an important point made during the Lemay Lake Road Reconstruction Project Public Hearing section be added to read the city's interest rate on property assessments is six percent over time. However, should a resident decide to take out a loan from a financial institution for less than the six percent assessment interest rate and pay the assessment in full, they can do so. Councilmember Duggan also made a correction to the Lemay Lake Road reconstruction project public hearing in that Councilmember Povolny seconded the motion, not Vitelli as recorded in the minutes. Councilmember Petschel moved approval of the minutes as requested of the regular meeting held on December 6, 2011. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 1 Mendota Heights City Council December 20, 2011 Page 2 CONSENT CALENDAR Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and approval. Councilmember Duggan moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein; pulling items A) Acknowledgement of the December 13, 2011 Parks & Recreation Commission Meeting Minutes and G) Authorization to Execute a Purchase Order for a Speed Monitoring Cart a. Acknowledgement of the December 13, 2011 Parks & Recreation Commission Meeting Minutes b. Acknowledgement of the November 2011 Treasurer's Report c. Acknowledgement of the October 2011 Fire Department Report d. Approval of a Fence Permit for 2540 Executive Drive e. Adoption of "RESOLUTION APPROVING AMENDMENT NO. 1 TO THE CONTRACT FOR WATER SERVICE BETWEEN THE BOARD OF COMMISSIONERS AND THE CITY OF MENDOTA AND THE CITY OF MENDOTA HEIGHTS," and adoption of a "RESOLUTION APPROVING AMENDMENT NO. 2 TO THE CONTRACT FOR WATER SERVICE BETWEEN THE BOARD OF COMMISSIONERS AND THE CITY OF MENDOTA HEIGHTS" f. Adoption of "RESOLUTION DEFINING FIREMEN'S RELIEF ASSOCIATION ANNUAL - CONTRIBUTION" g. Authorization to Execute a Purchase Order for a Speed Monitoring Cart h. Authorization of Increase in Allowable Vacation Leave Balance — LELS and Teamsters i. Acknowledgement of the Retirement of Richard Gill j. Adoption of the 2012 Employee Position Placement/Pay Classification Plan k. Approve the Contractors List 1. Approve the Claims List Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 A) ACKNOWLEDGEMENT OF THE DECEMBER 13, 2011 PARKS & RECREATION COMMISSION MEETING MINUTES Councilmember Vitelli requested that in reading the Parks & Recreation Commission Meeting minutes it seems clear to him that the council needs to give some attention to the staff support provided to that commission. The council needs to make sure that during the parks meeting attention is given to the request. Mayor Krebsbach concurred with Councilmember Vitelli's comments. Councilmember Vitelli moved to Acknowledge the December 13, 2011 Parks & Recreation Commission Meeting Minutes. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 Mendota Heights City Council December 20, 2011 Page 3 G) AUTHORIZATION TO EXECUTE A PURCHASE ORDER FOR A SPEED MONITORING CART Mayor Krebsbach commented that the need for a speed - monitoring cart was brought to the council's attention over the summer. However, it should be made clear that this is an emergency management asset and council will need to define this type of asset into the ordinances. Councilmember Vitelli asked Acting City Administrator John Mazzitello where the added cost would be coming from because $12,000 was planned in the budget and the recommendation is for a $17,000 speed cart. Mr. Mazzitello replied that he went through the 2011 budget with the finance director and it is believed that the city can pull the additional funds from the remnants of the Police Department's budget for 2011, if council should choose not to expend this out of the general fund. Mayor Krebsbach asked what the difference was between the two carts. Mr. Mazzitello replied that the more expensive cart, which is the preferred option by both Engineering and the Police Department, does all of the functions of the speed cart that was approved by council with one difference; the display board has the capability of posting messages. The reason this is preferable is because if there is an emergency situation, natural disaster, or a crime scene the cart can be posted in a right -of -way saying the road is closed and directing traffic to a detour — rather than just having something that shows- speed. There would be more flexibility and staff could incorporate it into the emergency management protocols. Councilmember Duggan commented that this would also be an excellent usage for the fire department for posting of signage for their open house events, etc. Mayor Krebsbach replied that this is being defined as an emergency management asset and will not be used for signage. Even though the sign would not be flashing, it would open up the whole sign ordinance as far as not allowing digital signage, flashing or not. However, the Fire Department could use the cart as an emergency management asset as would the Police Department. Councilmember Duggan asked if council wanted to consider that there are constant advances in technology and in three years time there could be a much better piece of equipment available. Mayor Krebsbach stated that the council had originally talked about only displaying the speed. Now there is something before the council that is $5,000 more that can communicate in an emergency situation. Councilmember Petschel stated that council discussed early on that this would not just have the capability of indicating speed but would also be able to do traffic counts so that, in teuus of enforcement, the city would not waste precious police time trying to enforce the speed where there is not a problem. It was meant to be a smart piece of equipment and was meant to save money because currently staff has to do all of the traffic counts. This would perform the traffic counts and be able to develop trends. When asked to comment, Chief of Police Michael Aschenbrener stated that the primary intention of the cart would be for speed count, as a speed trailer, or for emergency management use. He would be fine if the ordinance were defined to allow something different; however, the primary purpose of purchasing this piece of equipment is to put it out — whether it is actively showing speeds, counting speeds, or whether it is just sitting on the side of the road looking like it is counting traffic, the purpose in having it 3 Mendota Heights City Council December 20, 2011 Page 4 is to have it out and reporting data back to staff for a variety of different reasons. Option A was chosen by a unanimous decision by staff including Chief Aschenbrener. Councilmember Povolny commented that there are two options, one with a two -line message board and one with a three -line message board. He then asked if the letter heights change from one option to the other. Chief Aschenbrener replied that the three -line message board jumps ten inches in height so the letters are almost the same size as on a full size messaging board — as would be seen when MnDOT puts signs on the sides of their roads. Councilmember Povolny then asked if the speed signs would be 30 inches tall. Chief Aschenbrener replied that there would be multiple configurations available for the messaging board. Councilmember Vitelli moved to approve and give Authorization to Execute a Purchase Order for a Speed Monitoring Cart with the full understanding that it is to be used for the speed count, etc. but in terms of messaging it is for emergency management communication only. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 PRESENTATIONS A) DAVID SLOAN, CHAIRMAN — AIRPORT RELATIONS COMMISSION Mr. David Sloan, Chairman of the Airport Relations Commission stated that the Airport Relations Commission (ARC) is chartered to do two basic things: 1. Evaluate the operations at the airport and advise the council and the community as to what is happening regarding current operations, especially night time operations 2. Stay in touch with what is going on and what is being planned for the future at the airport Mr. Sloan shared an overview of what the ARC accomplished over the past year. He also explained what tasks each member on the commission is mainly responsible for. Mr. Sloan explained how the data that is gleaned from the airport and other different venues is compiled into information and how that information is useful Mr. Sloan introduced three of the commissioners, who were present to support him in his presentation. Councilmembers expressed their appreciation of all of the work the ARC does on behalf of the city and the residents. Various questions were asked and answered in regards to the charts shared by Mr. Sloan. There were no public comments 4 PUBLIC COMMENTS Mendota Heights City Council December 20, 2011 Page 5 UNFINISHED AND NEW BUSINESS A) APPROVAL OF THE RECORDS MANAGEMENT SYSTEM CONTRACT (CONTINUED) City Clerk Sandie Thone introduced Ms. Stacy Kaiser, IT Manager who was asked by council to be in attendance for this presentation. Mayor Krebsbach commented that Ms. Kaiser reported to council via a confidential memo the security information they requested. Clerk Thone gave a brief presentation that addressed councils' questions and concerns from the previous meeting giving them a real but simplistic overview of the system. Council received a more detailed version in their packet. Clerk Thone explained that the city should be in compliance with both the State Records Retention Laws and with Data Practices Act. There are four types of information in data practices: • Public • Private • Confidential • Protected/Non- Public Mayor Krebsbach asked Clerk Thone to explain so the public would be aware, what of their documents would be considered a `public record' and accessible via the website. Clerk Thone replied that the city's data practices document outlines all records from the categorization system. Any record that is considered a public record could, if chosen to do so, be added to the public portal in this system. For example, a petition would be a public record and could be put into the public access portion of the system. In Minnesota, all records are considered public unless they are deemed as one of the other three categories per the Data Practices Act. Any infoiuiation shared in a public forum would be considered a public record. City Attorney Tami Diehm stated that all information received by the city is deemed to be public information unless it falls within one of the exceptions listed in the Data Practices Act. The information that the city has now is already public data, for the most part. Currently, if someone would want access to it they would need to come in and fill out a form, which is provided to either the chief or to the city clerk who would produce that data for them. The goal with this system would be that certain parts of that public data would be available online so it would not need to be reproduced. It would be up to the council to determine how much of that public data would be available online versus requiring people to fill out a request font'. Clerk Thone concurred that even if a document or data is deemed public it does not have to be available online. Parameters can be set where certain data can only be available if a form is filled out and submitted. That data would still be considered as public it just would not be available online. Clerk Thone continued by explaining that, for instance, if someone wanted to pull the decision of a particular planning case, they could do a keyword search under the planning case subject or number and all of the supporting documentation would be available at once. 5 Mendota Heights City Council December 20, 2011 Page 6 Councilmember Povolny asked if someone were to do a search for something that was confidential or protected, would the search result come up saying that the document was confidential or protected. \. Clerk Thone replied that it would not come up as a result at all because it would not be online. The search would not find it. Councilmember Petschel asked Chief Aschenbrener, in terms of his routine accident reports, would residents be able to retrieve that online or would they need to come in and fill out a request form. Chief Aschenbrener answered that the Police Department is in the process of moving to mapping software that would bring up certain information. Most of their public infounation would be posted on a map on their website. Traffic accident information, in the faun of an accident report, is not public data. Even though the Police Department would create that record, they would not be the holder of that record, as it would be transferred to the state. Clerk Thone continued her presentation by explaining the time and money savings, increased public service levels, and working smarter opportunities this system would provide. She also addressed council's questions and concerns in regards to redundancies and backups. These redundancies and backups would be in compliance with the state's emergency records law. Multiple questions were asked and answered in regards to training and the cost thereof. Overview of Benefits: • Enhance service responsiveness and accuracy • Improves capacity and efficiency to comply with Data Practices Act and MN Records Retention • This technology has been implemented successfully by others, providing a framework and techniques that will assist in the transition Clerk Thone reviewed the 5 -year cost analysis, with discussion, and questions responded to; including what is received each year for the maintenance costs. Councilmember Vitelli stated that he met with Clerk Thone and Chief Aschenbrener after the last council meeting and he was quite impressed with all of the homework that had been done. He had been concerned about the categorization of the data to make sure it was properly classified; however, the document shared by Clerk Thone was the state statute that defines what would be done. It is thorough, it defines what data is in each category, and it actually suggests how each item is to be classified and labeled. Councilmember Vitelli expressed his support and appreciation of the work that has been done. Mayor Krebsbach recommended that Councilmember Vitelli review the contract before it comes to the council for approval. Councilmember Vitelli in turn stated that the person most qualified is Councilmember Povolny. Councilmember Povolny agreed to review the contract. Councilmember Vitelli moved Approval of the Purchase of the Records Management System with Councilmember Povolny Reviewing the Contract Before its Execution. Councilmember Duggan seconded the motion. Councilmember Duggan mentioned that the contract talks about a `records management review committee' and recommended that this committee include Councilmember Povolny as the 6 Mendota Heights City Council December 20, 2011 Page 7 Councilmember Representative. Councilmember Povolny expressed his agreement to serve on the committee in that role. Ayes: 5 Nays: 0 B) ADOPTION OF "RESOLUTION AUTHORIZING SANITARY SEWER RATES BEGINNING IN THE 1sT QUARTER OF 2012" Public Works Director John Mazzitello explained this is a proposal from the city staff to adjust the sanitary sewer rates for the calendar year of 2012. The last time the rates were raised was for calendar year 2010; they were not raised for calendar year 2011. Mr. Mazzitello drew the council's attention to a table they received titled Sanitary Sewer Utility Budget and Fund Balance 2004 to 2011. He then shared a visual graph of the numbers in that table that showed the expenses tracked over time and the revenues. The Sanitary Sewer Utility Fund is a self - sustaining entity that is funded by the sewer bills that are paid every quarter. A large part of the fund is used to pay the Met Council and the remainder is used for internal costs for operating the sanitary sewer system — cleaning contracts, lining contracts, televising, etc. Over time, the revenues had been far below the expenses, which justified the increase in 2010 and brought revenues close to expenses. Revenues and expenses were virtually even in 2011; however, without a rate increase expenses will exceed revenues in 2012 and the fund will operate in a deficit. The proposal before the council was to adjust the quarterly sanitary sewer rate by 10 percent for 2012, which would bring the city into an operating surplus situation, avoiding the deficit. This would raise the residential base rate from $50 per quarter to $55 per quarter. Broken out per month, the increase is less than $2 per month. Finance Director Kristen Schabacker explained that the city went from 1994 to 2010 without raising rates. When the fund started in 1994 there was a significant cash balance, and by not raising those rates as the expenses were increasing, the cash balance was depleted. The desire now is to do an annual review to keep up with the Met Council charges. The city's cost from 2011 to 2012 increased by 8.83 percent. In 2011 the city paid the Met Council $921,000 for sewer. In 2012 the city will pay just over $1M, an increase of almost $80,000. By raising the rates, the city could cover those costs. Councilmember Vitelli suggested that a note be included with the sewer bill infouning the residents that the increase in rates is due to the increase that is imposed on the city by the Metropolitan Council; and include that explanation each time the rates are increased because the costs in the city are basically staying level. He would also like to know why the Met Council's costs are going up by 6 percent to 8 percent, but did not want to ask staff to request that information. Councilmember Duggan offered the possible explanation that the Met Council probably expanded more rapidly in anticipation of future growth; and did not anticipate the downturn in business. So they extended themselves in anticipation of growth, which did not happen and therefore the anticipated income did not happen, but they still need to cover their costs. Also, the Met Council has been told by the federal government to make some changes. Mr. Mazzitello, in response to Councilmember Vitelli's suggestion to include a note in the sewer bill, stated that there is another billing at the current sewer rate that will go out in January for the fourth 7 Mendota Heights City Council December 20, 2011 Page 8 quarter of 2011. In that bill, staff will notify the residents of the rate increase they will see in April and, if approved, the April bill will have the rate increase. Staff will include as much explanation in the bills as they possibly can. Mayor Krebsbach asked for clarification and confirmation that the city is controlling costs — this increase is not because of city costs. Mr. Mazzitello replied that from 2008 through 2010, the city costs actually went down with a very slight increase in 2011 and that number is remaining relatively flat for 2012. The sanitary sewer utility fund is reviewed every year. When it was analyzed for calendar year 2011 it was projected that the fund would still operate in a surplus, albeit a very small surplus. Therefore, there was not a rate change proposed for 2011. In 2012, it is projected that the city would operate in a deficit, which is the reason for the proposed $5 per quarter increase. Councilmember Povolny moved Adoption of "RESOLUTION AUTHORIZING SANITARY SEWER RATES BEGINNING IN THE 1sT QUARTER OF 2012" Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 COUNCIL COMMENTS Councilmember Vitelli stated that it has been a pleasure to work with everyone this year. Councilmember Petschel commented that the council members receive a report from Chief Aschenbrener each week about criminal activity in the city, and one of his recurring themes is mail theft. His advice to residents is to not put up the flag on their mailboxes when they have mail to be picked up. She also commented on and thanked the residents for how beautiful the city looks for the holiday season. Councilmember Povolny stated that he has very much enjoyed his first year on the council and working with everyone. Councilmember Duggan thanked the staff, Police Department, Fire Department and everyone for the great work they do everyday. Councilmember Duggan did express concern about the last council meeting. He felt that pragmatism has trumped principle and people in Mendota Heights. When principles are let go, it does not take long for other principles to disappear and for iniquities to set in and get justified. He felt that the residents at Lemay were not treated fairly, he has agonized over this, and he is unhappy with the decision he made — which was his decision and he is only speaking for himself — which was to vote in favor of things, was a wrong decision on his part and he regrets that. He will try to do better in the future, try to keep principles in front of himself, because he does work for the people of the City of Mendota Heights. He does not work for the mayor nor for staff; he works for the people and when he loses that he is losing a most important and sacred thing. 8 Mendota Heights City Council December 20, 2011 Page 9 Mayor Krebsbach thanked her fellow council; they are a very hard working and dedicated group who do their best. None of their decisions are made lightly and they always weigh in on behalf of the city. This is a new council who had a challenging beginning, however they are all on the same team, have gone through some major changes that normally new councils do not face, and she is very proud of this council. CLOSED - SESSION- TO DISCUSS AN ASSESSMENT APPEAL Mayor Krebsbach stated that, pursuant to Minnesota Statute 13D.05, subdivision 3(b) council is going into closed session to discuss an assessment appeal. Councilmember Duggan moved to adjourn to Closed Session to Discuss an Assessment Appeal. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 CLOSED SESSION TO DISCUSS AN ASSESSMENT APPEAL Present at the closed session to discuss an assessment appeal were Mayor Krebsbach, Councilmembers Duggan, Povolny, Petschel and Vitelli, Interim City Administrator Mazzitello, Incoming City Adrninistrator Miller, Assistant City Engineer Ruzek•and City Attorney Diehm. ADJOURN Mayor Krebsbach adjourned the meeting at 9:17 p.m. Sandra Krebsbach Mayor ATTEST: Sandie Thone City Clerk 9 z 0 m > = w 0. CD a) 03 ° cocoCD 0. < cy, E CD 5' > > 0. DT a) co a 0 3 0 Fri cc) co co 0 co 3 0 1 $ 100791/ 417Z$ a) c0 oo 0 1 4. 00-tlZ`O6E`2 4$ -69 Co.) 0) r 0 CD (1) z 4,9 5' 44 r.) crt 0 m CT) 0 0 rii Fr7 0. 0 0 0 CD 0 a I—. 0 00 CD (/) CD 7-. 0 z "fl CD CD 0 0 0 CD 0. (')G c c -I o 5 . , Sewer Heat, AC & 0 aa tri 0. 0 IV o Z EA 49 +A c 5- c. o 0 nth -2011 DecembE 4949 .4. (0 00 00 a) $ 485.00 1 Fee Collected 7 7. 0 (1) 0 0 03(0 (f) 0 cn EP, 0 3 a 0. (4 C.) C.) z 49 co 44 a). 5 44 44 0 0 cc.> 0 0 a) 0 CD 0 0 0 0. laquie3aU 4402 ale° 041e0A 0 01 0 5 0 0 0 0- 0 0 0 a 0) 0 3 a z 0) co ) co -1..) E "cal 3 a cr. ;.".v. (1) rs 0 co 0 0 0) 0 0 EA EA 49 49 0) co. 0 fr.." CD N "th 0 -n co 0 co 0. a 0 0 0 asnoqunnol (f) 0 '0 3 "ff 0. 4. N.) 0) 03 z 0 I -C 0 3D -a 3D 3D 3D 2 c. rt) -t co (0 0 •A• 49 C.0 0 0 N.) CD cD 0 0) N) 1,4 01 4,* .03 44 N.) 49 co co 4.9 EA -n CD CD 0 0. cr 0 6' 2 0 0 0. SUBJECT: Building Activity Report December 2011 m 0 o > 0•• 1831,1401uawaaJotu3 apo0 '6jag .a Ined 0 0 0 0 CO 0 0 0) 0. 0 0. 3 0) 0 CITY OF MENDOTA HEIGHTS MEMO December 19, 2011 TO: Mayor, Council and City Administrator FROM: Michael Aschenbrener, Chief of Police SUBJECT: Outdoor Warning Siren Replacement and Upgrade UPDATE INTRODUCTION: On March 29, 2011 the Council approved the updating and replacement of the Outdoor Warning Sirens in the City. • BACKGROUND: The work on that contract hasfibervCOMbleled4i0e sirens have been replaced and two have been updated. Earlyjn'tg0,1:2:1•WqWill,:peg'in the work of updating the maintenance agreements aid f on jgning,aJbgging contract for all the sirens ;..i• • On November 8, 2011 the Council 2(0.proyed a Joint Powers Agreement with Dakota County to accept UrhabAtOasi-SO:h.UrityOornoney from the Federal Department of Homeland SecdriVIO,epypi,•,M;'00he cost of narrow banding the siren radio, that work is undeiwaythiS.VV66k:, It is anticipated to be completed in the next ten days. Upon completion of the narrow banding configuration the sirens will be tested this may occur at a time other than the first Wednesday of the month test. ATTACHMENTS: March 29, 2011 Council Memo ACTION REQUIRED: Informational memo only. 1 Item 6b 11 CITY OF MENDOTA HEIGHTS MEMO March 29, 2011 TO: Mayor, Council and City Administrator FROM: Michael Aschenbrener, Chief of Police SUBJECT: Outdoor Warning Siren Replacement and Upgrade INTRODUCTION: In 2001 the City of Mendota Heights added a siren and replaced a siren. Since that time we have been planningforaqq.'„esprowing money for the replacement/upgrade of the„ocitqo6i2War„riiriOirer* BACKGROUND: The city has 5 outdoor warpiilg'sireris:,,,16.0Se,sethe attached map. Three of our sirens are well outside OfAthefjpOrial:life eyble of 'a:siren, 15 to 20 years, two of those are failing and the thyd?;:hoi*06ffftirietiOindfiwithout problems. Sirens should have a functidria.110:A{cle,rnaxiMUM,Pf 20 years. The sirens are tested the first Wednesday of0801i),),n01-&;4t 1300 hours and twice in Emergency Preparedness Week. AdditiorWOO-,sireris:,c,a0',i0tivated approximately 10 times per year. The sirens located at the City Hall baseball field and at Friendly Hills Park were upgraded in 2000 and are mechanically functional. The upgrades to these units will include; a battery backup, new narrow banded radios and two way condition reporting. The battery backup allows the sirens to sound even if there is a power outage and the condition reporting is a two way communication with the siren unit covering: voltage, cabinet door opening, rotation, and sound and A/C power outage. The three sirens that will be replaced are at the Fire Hall, along Lemay Lake Road and in Wentworth Park. The Lemay and Wentworth sirens have been receiving continuous maintenance as they have been failing regularly. The three new sirens would be; narrow banded, battery backup equipped and have the same two way reporting capacity. A service agreement will be put into place for all sirens. 2 12 An extensive search was conducted of possible vendors for the siren work including the Minnesota State Cooperative Purchasing Contracts none were found. All of the cities in Dakota County and the nuclear power plant at Prairie Island use the same siren vendor, Nelcom Corporation, as the City of Mendota Heights. The only competition to the current vendor is two companies one based out of Chicago IL and the other based out of Milwaukee WI. The two sirens put in service in 2000 were manufactured by Federal Signal and the new sirens would be the same brand. After the upgrades all sirens would have the same functionality. This is project has been in the planning stages since 2000 and was on hold while the money was set aside and during the Dakota Communications change over. With the adoption of a uniform activation standard, redundancy in action locations now agreed upon it is time to finish the project. The total cost of the project is $77,085.64 plus taxes. The project will be funded through escrowed and budgeted funds ($72,210.64) and homeland security grant funds ($4,875) from Dakota County. The cost of the new siren at the Fire Station may change as Chief Maczko is working to ITiaVe'AlikSireAk_placed,on the roof as opposed to a new pole. This project is being completed in ::conjunction with the county wide effort to narrow band outdOOr doMPIY with upcoming FCC comply The City will be entering intoran;,agreement at a later date with Dakota County to receive $,975perjadiOX$4875Yio Homeland Security Grant Funding to supplement the city funds t6 cover. the total cost of the project. The concept for this cost sharing:agrOOMefitarid 4-antfoe,harrow banding was approved at the first meeting, in ATTACHMENTS: Estimate from Nelcom • (2) new Sirens $18,611 10 each will be inspected when existing sirens are remove and will be replace at an additional cost only if necessary) O New pole mounted siren at the Fire Station siren $21,007.00 • (2) siren up grades estimated at $9,428.22 each Siren coverage map 2011 RECOMMENDATION: I recommend that the City upgrade the Outdoor Warning Sirens as detailed in the memo and quote from Nelcom. ACTION REQUIRED: Pass a motion authorizing staff to sign a purchase order with Nelcom Corporation to complete the work. 3 13 NELCOM Corporation RF Communications & Siren System Experts 24234 Chesley Trail, Hampton, MN 55031 651-463-8111 ph. 651-460-6686 fax March 22', 2011 Police Chief Mike Aschenbrener City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Re: Public Outdoor Warning Sirens Dear Chief Aschenbrener, Nelcom is please to provide this quotation for upgrading several of the city's outdoor warning sirens. The upgrade will move the sirens to the new narrow-band radio frequencies, add remote status capability and upgrade them to battery power so they will still run even if the commercial power is lost. The cost of to upgrade the Wentworth Park and Lemay Lake sirens is $18,611.10 each and consists of removing all existing siren equipment, installing the new siren on the existing pole and adding the transmitting antenna. Cost for a new Fire Station siren is $21,007.00. This includes installing a new pole next to the station for the new unit. It also includes removing the old siren head from the fire station. Included $350 for electrical costs to connect power from the station to the siren. Since the exact location for the siren hasn't been determined, this cost may increase or decrease depending on final location. The sirens next to city hall as well as the lift station near Huber Dr. both have siren heads which can accept new battery controls, so they only need new lower controls. The cost to upgrade these sirens is $9,428.22 apiece. Please feel free to contact me if there are any questions. Sincerely, Steven L. Nelson President — Nelcom Corp. 14 Outdoor Warning Sirens March 25, 2011 0 3,000 SCALE IN FEET City of Mendota Heights Legend Range of Existing Sirens, Mendota Heights, Q Range of Existing Sirens, By Others -�= Municipal Boundary 15 Item 6c CITY OF MENDOTA HEIGHTS MEMO DATE: January 3, 2012 TO: Mayor, City Council, and City Administrator FROM: Sandie Thone, City Clerk SUBJECT: Designation of Official Newspaper SUMMARY Minnesota State Statute 331A.04, Designation of a newspaper for official publication, stipulates the designation of a qualified legal newspaper of general circulation in the city for official publications. The designated newspaper will serve as the official city newspaper for the year 2012 and will require the city to use this publication for all ordinances, ordinance summaries, notice of hearings, certain resolutions, notices of elections and other matters the city council may deem advisable and in the public interest to be published. BACKGROUND The South -West Review is currently designated as the city's legal newspaper. The publisher Lillie Suburban News has expressed an interest in retaining that designation for the city of Mendota Heights. Please find a bid request from Lillie Suburban Newspapers, Inc. dated December 15, 2011. It is their desire to continue to provide official and legal publication services to the city through the local newspaper South -West Review. Lillie Suburban Newspapers has been serving the Mendota Heights area for 33 years and the South -West Review has been the City of Mendota Heights official publication newspaper for many years. To date we have received exemplary service in addition to accurate and timely processing of all legal and official publications coverage. BUDGET IMPACT The legal publication rates for 2012 are $6.25 per column inch for one -tune publication and $6.00 per column inch for each additional publication. This rate reflects an approximate fourteen percent increase from the 2011 rates of $5.75 and $5.25, respectively, but represents significantly lower rates than the rates revealed from a survey of other metro area cities. RECOMMENDATION Staff recommends the city council designate the South -West Review as the city' s official newspaper for the year 2012 effective upon approval. 16 Lillie. Suburban Newspapers, Inc. Sandie Thone, City Clerk City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Dear Ms. Thone: 2515 E. Seventh Avenue North St. Paul, MN 55109 (651).7._7.7. -8800 December 15, 2011 Thank you for the opportunity to bid on public notice publication services for the City of Mendota Heights. Lillie Suburban Newspapers has been serving the needs of the Mendota Heights area for 33 years, and is pleased to provide ongoing coverage of city government and school issues and community events. Lillie Suburban Newspapers is the oldest weekly newspaper company in the St. Paul area. It was founded in 1938 by the late T. R. Lillie. His grandsons, Jeffery Enright and Ted H. Lillie, are continuing the family tradition of publishing award - winning community newspapers in the St. Paul suburbs. It is our sincere desire to provide the best possible local news coverage in the Mendota Heights area. Our experienced news staff provides readers with a well - balanced, lively and informative product each week. We realize that Mendota Heights area residents look to the South -West Review as one of their primary sources of information about city activities and meetings, and we will continue to publish the city's press releases and photos. The South -West Review has the official designation of the neighboring communities of West St. Paul, Inver Grove Heights, Mendota and Lilydale. 5 P.M. Wednesday is the deadline each week for submitting public notices to our office. Public notices should be directed to Anne Thillen, Lillie Suburban Newspapers, 2515 E. Seventh Ave., North St. Paul, MN 55109. Our fax number is 651/777 -8288. Notices may also be sent via e -mail to: legals @lillienews.com Legal publication rates for minutes, advertisements for bids and other notices are as follows: $6.25 per column inch for a one -time publication $6.00 per-column .inch for each additional publication - Thank you for considering the South -West Review as the official legal newspaper for the City of Mendota Heights for 2012. If you have any further questions, don't hesitate to call us. Sincerely, Jeffery Enright Publisher Ramsey County Review • Maplewood Review • Oakdale -Lake Elmo Review • Review Perspectives New Brighton Bulletin • Shoreview Bulletin • St.Anthony Bulletin • South -West Review Roseville - Little Canada Review • Woodbury -South Maplewood Review • East Side Review CITY OF MENDOTA HEIGHTS MEMO December 12, 2011 TO: Mayor, Council and City Ad7rninistrator FROM: Mike Aschenbrener SUBJECT: Resolution Formally Acknowledging Receipt of Gifts from Hugo and Susan Blackfelner INTRODUCTION: The city auditor has advised that Minnesota State Statute 465.03 "Gifts to Municipalities" requires all donations be :acknowledged by resolution. This memo meets Minnesota State Statutory requirements. BACKGROUND: . . ..; , Hugo and Susan Blackfelner have been long 'time :residence of Mendota Heights and Hugo served as a Mendota Heights Police Officer for over 25 years. In the letter that I received, both Hugo and Susan stafe..thatjhey "appreciate the dedication and commitment of everyone in the department." Included with that letter, was a check for $250.00 to be used tovi/Ord:the'purchase of any needed equipment or program that will benefit our community. A thank you letter will be sent to Hugo and •Susan Blackfelner after the acceptance by the Council of their gifts. RECOMMENDATIONS: I recommend the City Council pass the attached resolution, accepting the $250 gift from Hugo and Susan Blackfelner. ACTION REQUIRED: If Council desires to implement the recommendation, pass a motion adopting Resolution No. 2011- : "RESOLUTION FORMALLY ACKNOWLEDGING THE RECEIPT OF THE GIFT OF $250 FROM HUGO AND SUSAN BLACKFELNER. Item 6d 18 City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 2011- XXX RESOLUTION FORMALLY ACKNOWLEDGING THE RECEIPT OF GIFT OF $250 FROM HUGO AND SUSAN BLACKFELNER WHEREAS, the City of Mendota Heights desires to follow Minnesota Statute 465.03 "Gifts to municipalities"; and WHEREAS, the Minnesota State Statute requires a resolution to accept gifts to municipalities; and WHEREAS, the City has previously acknowledged gifts with a resolution; and WHEREAS, the City Council of the City of Mendota Heights have duly considered this matter and wish to acknowledge the civic mindedness of citizens and officially recognize their donations. NOW THEREFORE BE IT HEREBY RESOLVED that the City Council of the City of Mendota Heights is accepting donation from Hugo and Susan Blackfelner. They donated $250.00 to the City to be used towards a need in the Police Department. Adopted by the City Council of the City of Mendota Heights this twentieth day of December 2011. ATTEST: By Sandie Thone, City Clerk 19 CITY COUNCIL CITY OF MENDOTA HEIGHTS By Sandra Krebsbach, Mayor 3 Item Ge CITY OF MENDOTA HEIGHTS MEMO December 27, 2011 TO: Mayor, Council and City Administrator FROM: Michael Aschenbrener, Chief of Police V SUBJECT: Authorization to sign a JOINT POWERS AGREEMENT WITH STATE OF MINNESOTA MATERIALS MANAGAEMENT DIVISION AND THE CITY OF MENDOTA HEIGHTS TO ACCESS COOPERATIVE PURCHASING VENTURE INTRODUCTION: On December 27, 2011 the City of Mendota Heights received a new Joint Powers Agreement (JPA) document to access the State of Minnesota Materials Management Division (MMD) Cooperative Purchasing Venture (CPV). - ',.! :::':: :::! '::: :::: .;;:., :-:•:- :',::._ :':. ., : , , BACKGROUND: The City regularly purchasesJternS:utilizingthe:CPV. It is common practice for staff to review state pricing beforernbking a purchase. Some examples would be vehicles, furniture, computers and software:. The City has a JPA that has been renew artnuallyt5y letter of agreement. The State of MN has notified the CitylthatiwilI noldnger be necessary they will allow JPAs to extend beyond five years.. ATTACHMENTS: JPA — Cooperative Purchasing Agreement RECOMMENDATION: I recommend that the City authorize signature of the new JPA for access to the CPV. ACTION REQUIRED: If Council desires to implement the recommendation, pass a motion adopting Resolution No. 2011- : "JOINT POWERS AGREEMENT WITH STATE OF MINNESOTA MATERIALS MANAGAEMENT DIVISION AND THE CITY OF MENDOTA HEIGHTS TO ACCESS COOPERATIVE PURCHASING VENTURE." 20 City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 2011- RESOLUTION ADOPTING THE JOINT POWERS AGREEMENT WITH STATE OF MINNESOTA MATERIALS MANAGAEMENT DIVISION AND THE CITY OF MENDOTA HEIGHTS TO ACCESS COOPERATIVE PURCHASING VENTURE WHEREAS, The State of Minnesota (MN) Material Management Division contracts with vendors for materials and services that all governmental agencies, as defined by Minnesota Statute § 471.59, can use; and WHEREAS, the State of Minnesota believes access to the Cooperative Purchasing Venture contracts is in the best interest of the taxpayers; and WHEREAS, the City of Mendota Heights has previously entered into Joint Powers Agreements with the state for purchasing; and, WHEREAS, the Cooperative Purchasing Venture contracts are necessary to ensure the City of Mendota Heights is able to leverage the best possible pricing from vendors; and, WHEREAS, a Joint Powers Agreement between the City of Mendota Heights and the State of Minnesota must be executed in order for the City of Mendota Heights to access the State of Minnesota, Department of Administration, Materials Management Division Cooperative Purchasing Agreement and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of Mendota Heights hereby authorizes Chief Aschenbrener to execute: THE JOINT POWERS AGREEMENT WITH STATE OF MINNESOTA MATERIALS MANAGAEMENT DIVISION AND THE CITY OF MENDOTA HEIGHTS TO ACCESS COOPERATIVE PURCHASING VENTURE. Adopted by the City Council of the City of Mendota Heights the 3rd day of January, 2012. ATTEST: By 21 Sandie Thone, City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS By Sandra Krebsbach, Mayor MATERIALS MANAGEMENT DIVISION Cooperative Purchasing Venture COOPERATIVE PURCHASING AGREEMENT Under the Authority of Minnesota Statutes § 16C.03, Subdivision 10 and Minnesota Statutes § 471.59, Subdivision 1 This Joint Powers Agreement is between the State of Minnesota, through its commissioner of Administration, Materials Management Division ("Division") and CITY OF MENDOTA HEIGHTS ("Authorized Entity"). Pursuant to Minn. Stat. § 16C.03, subd. 10, the Division acquires various supplies, commodities, equipment, and services for state agencies and governmental units (as defined in Minn. Stat. § 471.59, subd. 1) through competitive bidding or requests for proposals. The Division, through Minn. Stat. § 16C.11, and the Authorized Entity wish to combine their purchasing functions, as specifically provided below, so that the Authorized Entity may avail itself of the prices which have been agreed upon by the Division and its vendors. The parties agree as follows: 1. Term. This joint powers agreement will be effective on the date State obtains all required signatures under Minn. Stat. § 16C.05, subd. 2, and remains in effect until canceled by either party upon 30 days' written notice to the other party. 2. Services. The Division will make its contracts for commodities and services, as listed on the State of Minnesota's Contract Index, available to the Authorized Entity. 3. Use of Division Contracts. To purchase commodities or services from the Division's contracts, the Authorized Entity must issue a purchase order in accordance with the terms and conditions of the Division's contracts and any requirements applicable to the Authorized Entity's governing body. The Authorized Entity must send purchase orders directly to the applicable vendor and will make payments directly to the vendor in accordance with its established procedures and terms of the Division's contract. The Authorized Entity will not use the goods available under the Division's contracts for the purposes of resale. The Authorized Entity must be the end user of the goods purchased. 4. Liability. The Authorized Entity agrees that neither the Division nor its employees personally assume responsibility or liability for any amounts due or claimed to be due pursuant to any purchase order entered issued by the Authorized Entity. The Authorized Entity will indemnify, save and hold harmless the Division and its employees from any loss, damage or MMD-CPV Agreement la COOPERATIVE AGREEMENT CREATING COOPERATIVE PURCHASING VENTURE MEMBERSHIP (12/2011) MS § 471.59, Subd. 1 22 MATERIALS MANAGEMENT DIVISION Cooperative Purchasing Venture COOPERATIVE PURCHASING AGREEMENT Under the Authority of Minnesota Statutes § 16C.03, Subdivision 10 and Minnesota Statutes § 471.59, Subdivision 1 expense, including payment of attorney fees allowable by law, which arise or may arise from the Authorized Entity's use of this joint powers agreement and from any dispute or claim arising from any transaction between the Authorized Entity and the Division's vendors, whether or not the loss, damage, dispute or claim arises during or after the period of this cooperative agreement. The Division's liability will be governed by the provisions of Minn. Stat. § 3.736. CITY OF MENDOTA HEIGHTS "Authorized Entity certifies that the appropriate person(s) have executed this cooperative agreement on behalf of the Authorized Entity as required by applicable articles, bylaws, resolutions or ordinances." STATE OF MINNESOTA By Delegation" By: By: (Authorized Signature) Materials Management Division (Title) (Date) Permit Number/Access Code: (Address) (Date) MMD-CPV Agreement la COOPERATIVE AGREEMENT CREATING COOPERATIVE PURCHASING VENTURE MEMBERSHIP (12/2011) MS § 471.59, Subd. 1 23 DATE: 1 OF FROM: SUBJECT: Data Practices Policy INTRODUCTION CITY OF MI NI OTA HEIGHTS_--. IVLEMO Item 6f January 3, 2012 Mayor, City Council, and City Administrator Sandie Thone, City Clerk Minnesota State Statute Chapter 13 regulates the collection, creation, storage, maintenance, dissemination and access to government data in government entities. MN Statute 13.05 requires the government entity's Responsible Authority to annually update the city's Data Practices Policy and make any changes necessary to maintain the accuracy of the document. The policy identifies the types of data the city maintains and how each type of data is classified. In addition, the policy provides for written procedures to ensure data requests are received and.complied with in an appropriate, permitted and prompt manner. DISCUSSION The attached data practices policy for the city of Mendota Heights conforms to state statutes and applies to all city departments and is supplemented for public safety related data by a data practices policy that is included within the police department procedure manual. The policy has been reviewed and reflects the most recent state regulations. The policy required no changes from the 2011 City of Mendota Heights Data Practices Policy. The city is required to have two officers to administer responsibilities set forth in the act. The required officers are the Responsible Authority and the Compliance Officer, who by state statute can be and often are the same person within a goverrunent entity. The Responsible Authority is responsible for collection, use and dissemination of any set of data. The Compliance Officer handles questions or issues with regard to data access. The data practices policy designates City Clerk, Sandie Thone as the Responsible Authority and Compliance Officer. In addition, the data practices policy designates Police Chief Mike Aschenbrener as the Data Practices Designee, who will handle police department data requests. RECOMMEND ACTION Staff recommends the city council adopt the attached Resolution No. 2012 -01 "Resolution Adopting Data Practices Policy." ACTION REQUIRED If the city council concurs with the recommendation, a motion should be made to adopt Resolution No. 2012 -01 "Resolution Adopting Data Practices Policy." 24 CITY-OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 2012-01 RESOLUTION ADOPTING DATA PRACTICES POLICY WHEREAS, Minnesota Statutes, Chapter 13, requires the adoption of certain policies and procedures pertaining to government data practices; and WHEREAS, the statute also requires the appointment of a data practices compliance official, a data practices responsible authority and designee(s) to enforce the data practices policies of government agencies. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Mendota Heights, that the attached City of Mendota Heights Data Practices Policy, together with the exhibits attached thereto, is hereby adopted and approved as if fully set forth herein; and BE IT FURTHER RESOLVED, that City Clerk Sandie Thone is appointed to serve as the city's data practices compliance official and data practices responsible authority and that Police Chief Michael Aschenbrener is hereby appointed as data practices designee. Adopted by the City Council of the City of Mendota Heights this third day of January 2012. ATTEST Sandie Thone City Clerk 25 CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach Mayor CITY OF MENDOTA HEIGHTS DATA PRACTICES POLICY 26 ACCESS TO DATA BY THE PUBLIC Access To Data By The Public While some data maintained by the city is data about individuols, which is presumed to be private, the broader assumption about government data in general is that it is public, and should be readily available to anyone who asks for it. Failure to disclose information that is public is a violation of data practices laws. Any person /indiv{dua| ornon�ndividue|) can have access to public data simply by making a request to the responsi� responsible informed the data at reasonable times and p/aoea, and, if the person so requests, will be ofthe data's meaning. Inspection of Data There is no fee for inuoecUng the data (Minn. Stat. Sec. 13.03. subd. 3.) Inspection includes visual inspection of the information in paper or some other medium, such aoon the vvebsite. Inspection does not include printing copies, unless printing a copy is the only way to inspect the data. For data stored in electronic form and available to the public through electronic remote acceea, inspection includes allowing the public to have access to the data so that they can print or download the data from their own computer equipment. The responsible authority may charge a reasonable fee for remote access to data if there is a specific statutory grant of authority. Data with Commercial Value When data requested by the public include data that have commercial value (such as a formula, patb*rn, oompi\etiun, program, dswioa, method, teohnique, etc) and a substantial and discrete portion of the data was developed with a significant expenditure of public funds, the responsible authority may charge a reasonable fee for the information in addition to the costs of making, certifying and compiling the copies (Minn. Stat. Sec. 13.03. subd. 3(d)). Any fee charged must be clearly demonstrated by the agency to relate to the actual deveiopment costs of the information. Computer Storage Medium If the requested data is maintained in a computer storage medium, the responsible authority must provide a copy of the data contained in that medium in electronic form if the city can reasonably do so (Minn. Stat. Sec. 13.03, subd. 3(e)). Time Limits For Response Copies of public information should be disclosed as soon as reasonably possible. Work on compiling copies should begin immediately upon request. If the request cannot be honored immediately the city ahou|d, as a matter of courtesy, send a letter to the requester acknowledging receipt of the request and giving the requester an estimate of the time it will take to compile and send the information. CLASSIFICATIONS OF GOVERNMENT DATA Classifications of Government Data The Minnesota Government Data Practices Act defines Government Data as all data md|ecb»d, crootad, n*meived, maintained or disseminated by any state aQenoy, political aubdivision, or statewide system regardless of its physical form, storage media or conditions of use (Minn. Stat. Sec. 13.02, subd. 7). 27 Government Data are -6r~^~~lhtO classifications and the classification of data determines their _'~~- accessibility by the pubUc. lnformation about individual people ia classified by law as public, ' or confidential. A list of the private and confidentia! information maintained by the City is attached as Exhibit A. Data On Individuals Data individuais are defined as »",~'''~'^ dabainwhichanyindividmdiourcanbaidentifiedaathe other identifying data can be clearly subject of that data, unless the appearance of the name or nu/y'S other ~u��^` of to be only incidental to the data and the data is not accessed by the name or identifying data of any individual. There are three classificationS of data on individuals : , Public -- This is data about individuals which can be disclosed to anyone for any purpose, e.g. names and salaries of city employees. • Private Thia is data about individuals which can be disclosed only to the subject of the data or to government entities and employees whose work assignments reasonably require access to the data Confidential This is data about individuals that even the individuals themselves cannot be told, e.g., ~ �^�o -an investigation about vvn|fore�eud or in adoption records. Nohe, however, that even if information confidential itself cannot be disclosed to individua|a, individuals do retain the right to know the c: �/ whether an agency is maintaining confidential data about them Confidential information may be given to people who are authorized access by federal, state or local law or court order or people within the city � ) hoaework assignments ornaepo»aibiUt}ey sta�. thacityoouncj|. and outnide�g�nte(auoh aaa orneyo' whose Data Not On individuals Data not on individuals are government data about non-individuals, such as organizations including partnerships, corporations, associations, etc. ° Public -- This is data about non-individuals, such as buoinesoea, which can be disclosed to anyone for any purpose, e.g., names of vendors who have contracts with the city. • Private This is data about non-individuals which can be disclosed only to the subject of the data or to government vernme// --tentities and employees whose work assignmentS reasonably require access to the data, e.g., certain financial information about businesses • Protected Non-public This is data about non-individua|s, which is available only to government entities with a |e"'/| right - to know it. A corporation being investigated for frmud, for example, would not have a right to the �information being collected during the investigation. 28 Information Technology Policy Information Policy Compliance and Consequences All City of Mendota Heights users, including emp|oyeen, volunteers and oontnacb»ro, who have rights to access or modify city information in any media, or who use city computem, business applications or electronic communication resources, must comply with Mendota Heights Information Po|icy, the federal Health Insurance Portability and -' must comply (H|PAA), the Minnesota Government Data Practices Accountability � the � ofd'ta Failure to comply is grounds for sanction Act and all other laws or rules e � and/or disciplinary action up �``-'� -teTnination of employment, cancellation of contract and/or r ~ and including loss of resource privileges. Failure hocomply may also result in notification to law enforcement officials and regulatory, accreditation and iicensure organizations. Use of any City of Mendota Heights information technology devices will be limited to employees. All files of any kind, including electronic mail disseminated or received utilizing city devices or software which is housed in the City of Mendota Heights or which resides on computers within the City of Mendota Heights should not be considered as private and employees shall have no expectation of privacy. The contents of electronic mail wil|nntnorme||ybemonitoned.ceneured,orothamvioeexaminedunieaathereiareeaonto believe the usage is being abused. City investigations, law enforcement investigations, or court order or the examination and release of any file or document, including data practices request may require e ex . eiectronic files such as electronic mali. Electronic Mail (Email): Purpose of Email: the email system is a tool to be used for matters directly related to the -business to the mission by providing services are efficient, further e . accurate, timely and complete. Public Nature of Email: email is a public record like any other pubiic document. Email may be searched for evidence in any leg l proceeding. By using the email system, the employee consents that in the event of suspicious activity their email system may be search d for evidence gathering purposes . E-mail messages are subject to regulation under the Minnesota Data Practices Act. Ao such, all e-mai|o unless private (content determines public or private) should be considered public information. Policy: employees are responsible for adhering to business s ehandapdo when email is created, sent, forwarded or saved Failure to adhere puts the organization and the individual at risk for legal or financial liabilities, potential embarrassment and other consequences. Employees should not keep e-mail for an extended period of time. If � i- a - htico|e-mai|corre pondmnce.itshuu|dbmsovedoaahardoopyoroa o Delete || inbox, sent, text file and moved to the server. e . . and deleted messages that are no longer needed. Members of the Public Right to Access Public Data The Data Practices Act (Minnesota Statutes, Chapter 13) presumes that all government data are public unless a state or federal law says the data are not public. Government data is a term that means all recorded information a government entity has, including paper, email, CD-ROMs, photographs, etc. The Data Practices Act also provides that the City of Mendota Heights must keep all government data in a way that makes it easy for you, as a member of the pubho, to access public data. You have the right to look at (inspect), free of charge, ali pubiic data that we keep. 29 ) You also have the 'right hoget1CC-pies'of-poNic-daba.-=Fhe Data Practices Act aliows us to charge-for. copies. You have the right to look at data, free of charge, before deciding to request copies. How to Make a Data Request To look at data or request copies of data that the City of Mendota Height keeps, make a written request Make your written request for data to the appropriate individual listed in the Data Practices Contacts document on page eight. You may make your written request for data by mail, using the data request form on page ten. if you choose not to use the data request form, your written request shouid inciude: 1. that you, as a member of the public, are making a request for data under the Data Practices Act, Minnesota Statutes, Chapter 13; 2. whether you wou/d like to look at the data, get copies of the data, or both; and 3. a clear description of the data you wouid like to inspect or have copied. The City of Mendota Heights cannot require you, as a member of the public, to identify yourself or explain the reason for your data request. However, depending on how you want us to process your request (if, for example, you want uatonnoi| you copies ofdata).vve may need some information about you. If you choose not 'o give us any idenUfy)nginformation, wovvi>| provide you vvithcontact informaUonao you may check on th. status of your request. In oddition, please keep in mind that if we do not understand your request and -have no way to contact you, wm will not be abie to begin processing your request. How We Respond to a Data Request Upon receiving your wr�ennyqu�s.wewiU work to process iL �vvmdo not have the data, vveviUnot�y written b/ possible. If have the data, but the data are not public, we will you in writing as soon as reasonably pos � . . notify you in writing as soon as reasonably b| possible and state which specific law says the data are not If we have the dato, and the data are public, we will respond to your request appropriately and within a reasonable amount of time by doing one of the following: 1. arrange a date, time, and piace to inspect data, for free, if your reques is to view the data, or 2. provide you with copies of the data as soon as reasonabiy possible. You may choose to pick up your copies, or we wiii mali or fax them to you. if you want us to send you the copies, you v�|) need to provide us with an address or fax number. We will provide electronic copies ' (auoh as email or CD-ROM) upon request if we k eep the data in electronic format. Information about copy charges is on page nine. If you do not understand some of the data (technical terminology, abbreviations, or acronyms), please et us know. We wili give you an expianation if you ask. The Data Practices Ac does not require us to create or collect new data in response to a data request if we do not aiready have the data, orto provide datoine specific form nre�an0ementifvvedo not keep the data in that form or arrangement. (For example, if the data request are on paper oniy, we are not required to create electronic documents to respond to your request.) If we agree to create data in response to your pmqueat, we will work with you on the details of your requeoi, including cost and response time. The Data Practices Act does not require us to answer questions that are not requests for data. 30 Requests for Summary Data Summary data are statistical records or reports that are prepared by removing all identifiers from private or confidential data on individuals. The preparation of summary data is not a means to gain access to private or confidential data. The City of Mendota Heights will prepare summary data if you make your request in writing and pre-pay for the cost of creating the data. Upon receiving your written request — you may use the data request form on pageten — vvevviU respond within ten business days with the data or detaiis of when the data wili be ready and what the cost wiH be. Data Subjects Data about You The Data Practices Act (Minnesota Statutes, Chapter 13) says that data subjects have certain rights related to a government entity coliecting, ureatng, and keeping government data about them. You are the subject of data when you can be identified from the data. Government data is a term that means aU recorded information a government entity has, including paper, email, CD-ROMs, photographs, etc. Classification of Data about You The Data Practices Act presumes that all government data are public unless a state or federal law says that the data are not public. Data about you are classified by state law as pub|io, private, or confidential. S ee below for examples. eu� r�omae Public data: We must give public data to anyone who asks; it does not matter who is asking for the data or why. The following is an example of public data about you: if you are an employee of a government entity, the fact that you work for the entity, and your job title and bargaining unit is public. Private data: We cannot give private date to the general public, but you have access when the data are about you. The following is an example of private data about you: your Social Security number. We can share your priva data with you, with someone who has your permission, with City of Mendota Heights staff who need the data to do their work and as permitted by Iaw or court order. Confidential data: Confidential data have the most protection. Neither the public nor you can get access even when the confidential data are about you. The following is an example of confidential data about you: if you register a complaint with a government entity conceming violations of state laws or local ordinances concerning the use of real property, your identity is confidential. We can share confidentiai data about you with City of Mendota Heights staff who need the data to do their work and to others as permitted by Iaw or court order. We cannot give you access to confidentiai data. Your Rights under the Data Practices Act The City of Mendota Heights must keep ali government data in a wa that makes it easy for you to access data about you. Also, we can collect and keep only those data about you that we need for administering and managing programs that are permitted by law. As a data subject, you have the following rights. Your Access to Your Data: You have the right to view ( free of charge, pubiic and private data that we keep about you. You aiso have the right to get copies of public and private data abou you. The Data Practices Act allows us to charge for copies. You have the right to look at dato, free of charge, before deciding to request copies. Also, if you ask, we will tell you whether we keep data about you and whether the data are pubiic, private, or confidentiai. 31 As a parent, you may have the right to look at and get copies of public and private data about your minor children (under the age of 18). As a legally nted guardian, you have the right to look at and get copies of public and private uu^ about en individual forwhomynuore appo inted 'ntedguardian. Minors have the right to ask the City of Mendota Heights not to give data about them to their parent or guardian. If you are a minor, we will tell you that you have this right. We may ask you to put your request in i writing and to include the reasons that we should deny your parents access to the data. We will ma-- the final decision about your request based on your best interests. Note: Minors do not have this right if the data in question are educational data maintained by an educational agency or institution. When we Collect Data from You: When we ask you to provide data about yourself that are not pubHc, we must give you a notice: The notice is sometimes called a Tennessen warning. The notice controls what we do with the data that we collect from you. Usually, we can use and release the data only in the ways described in the notice. We will ask for your written permission if we need to use or release private data about you in a different vvay, or if you ask us to release the data to another person. This permission is called informed consent. If you want us to release data to another person, you must use the consent form we provide. Protecting your Data: The Data Practices Act requires us to protect your data. We have established appropriate safeguards to ensure that your data are safe. When your Data are Inaccurate and/or Incomplete: You have the right to challenge the accuracy and/or completeness of public and private data about you. You also have the right to appeal our decision. If you are a minor, your parent or guardian has the right to challenge data about you. How to Make a Reques for You Data To look at dota, or request copies of data that the City of Mendota Heights keeps about you, your minor chi|dn*n, or an individual for whom you have been appointed legal guardien, make a written request. Make your request for data to the appropriate individual listed in the Data Practices Contacts document on page eight. You may make your written request by mail using the data request form on page eleven. If you choose not use to use the data request form, your written request should include: 1. that you are making a rmqueot, under the Data Practices Act (Minnesota Statutes, Chapter 13), as a data subject, for data about you; 2. whether you would like to inspect the data, have copies of the data, or both; 3. a clear description of the data you would like to inspect or have copied; and 4. identifying information that proves you are the data oubjuot, or data subject's parent/guardian. The City of Mendota Heights requires proof of your identity before we can respond to your request for data. If you are requesting data about your minor child, you must show proof that you are the minor's parent. lf you are a guardian, you must show legal documentation of your guardianship. Please see the Standards for Verifying ldentity document located on page thirteen. How We Respond to a Data Reques Once you make your written request we will work to process your request. lf it is not clear what data you are requesting, we will ask you for clarification. ° If we do not have the data, we will notify you in writing within 10 business days. 3 2 o If we have the data, but the data are confidential or private data that are not about you, we will notify you in writing within 10 business days and state which specific law says you cannot access the data. o If we have the data, and the data are public or private data about you, we will respond to your request within 10 business days, by doing one of the foUowing: 1. arrange a dabe, time, and place to inspect dato, for free, if your request is to look at the data, or 2. provide you with copies of the data within 10 business days. You may choose to pick up your copiea, or we will mail or fax them to you. We will provide electronic copies (such as email or CD-ROM) upon request if we keep the data in electronic format. Information about copy charges is on page nine, After we have provided you with access to data about you, we do not have to show you the data again for six months unless there is a dispute or we collect or create new data about you. If you do not understand some of the data (technical tennino|ogy, abbnyviehono, or acronyms), please let us know. We will provide additional explanation. The Data Practices Act does not require us to create or collect new data in response to a data request if we do not already have the dato, or to provide data in a specific form or arrangement if we do not keep the data in that form or arrangement. (For examp|e, if the data you request are on paper on|y, we are not required to create electronic documents to respond to your request.) If we agree to create data in response to your requeet, we will work with you on the details of your requeat, including cost and response time. In addition, we are not required under the Data Practices Act to respond to questions that are not requests for data. 33 /. \ CITY OF MENDOTA HEIGHTS Data Practices Contacts ble Authority Sandie Thone City Clerk 1101 Victoria Curve, Mendota Heights, Minnesota 55118 Phone: 651.452.1850 Fax: 651.452.8940 3eo)diet@DleDdOto,heieht3.u8Du Data Practices Designee(s) Police Chief Michae 1101 Victoria Curve, Mendota Heights, Minnesota 55118 Phone: 651.452.1366 Fax: 651.452.8940 i cODI Police department data requests will be directed to the Police Chief who will handle them in accordance with the police department's procedures manual which supplements the city's general policy. Data Practices Compliance Official Sandie Thone, City Clerk 1101 Victoria Curve, Mendota Heights, Minnesota 55118 Phone: 651.452.1850 Fax: 651.452.8940 34 Copy Costs — Members of the Public The City of Mendota Heights charges members of the public for copies of government data. These charges are authorized under Minnesota Statutes, section 13.03, subdivision 3(c). Copies must be paid for prior to receiving. For 100 or Fewer Paper Copies — 25 Cents per Page 100 or fewer pages of black and white, letter or legal size paper copies cost 25¢ for a one-sided copy, or 50¢ for a two-sided copy. Most Other Types of Copies — Actual Cost The charge for most other types of copies, when a charge is not set by statute or rule, is the actual cost of searching for and retrieving the data, and making the copies or eectronicaHy transmitting the data (e.g. sending the data by email). In determining the actual cost of making copies, we factor in employee time, the cost of the materials onto which we are copying the data (paper, CD, DVD, mto), and mailing costs (if any). If your request is for copies of data that we cannot reproduce ourselves, such as photographs, we will charge you the actual cost we must pay an outside vendor for the copies. The cost of employee time to search for data retrieve data, and make copies wiU be calculated at the actual hourly rate of the employee. Copy Costs - Data Subjects The City of Mendota Heights charges data subjects for copies of government data. These charges are authorized under section 13.04, subdivision 3. Copies must be paid for prior to receiving. Actual Cost of Making the Copies In determining the actual cost of making copies, we factor in employee time, the cost of the materials onto which we are copying the data (paper, CO. DVD, etu), and mailing costs (if any). If your request is for copies of data that we cannot reproduce oursa|veo, such as photogropha, we will charge you the actual cost we must pay an outside vendor for the copies. The cos of employee time to make copies will be calculated at the actual hourly rate for the 35 City of Mendota Form Heights ���00U�o��� «n� ���� K�V�UnU'K: Data Request . ���00 ~~ Members of the Public Date of 1 am requesting access to data in the foliowing way: Note: inspection is free, for copies the City of Mendota Heights charges $0.25 per page for 100 or fewer one-sided pages of black and white, letter or legal size paper copies cost or 50¢ for a two-sided copy. O|no OCooieoO Inspection and copies These are the data |am n8: ' Note: Describe the data you are requesting as specifically as If you need more space, please use the back of this form. Contact Information Name: Address: Phone number: Email address: You do not have to provide any of the above contact information. Hovvevor, if you want us to mail you copies of dato, we will need some type of contact information. In addiUon, if we do not understand your request and need to get clarification from you, without contact information we will not be able to begin processing your request untll you contact us.. The City of Mendota Heights will respond to your request as soon as reasonably possible. 36 City of Heights - Data Request Form — Data Subjects Date of request: To request data as a data subject, you must show a valid state ID, such as a driver's license, military ID, or passport as proof of identity. 1 am requesting access to data in the following way: 0 Inspection 0 Copies 0 Inspection and copies Note: inspection is free, for copies we charge $0.25 per page for up to 100 pages ($0.50 two sided up to 50 pages) or employee time, the cost of the materials onto which we are copying the data (paper, CD, DVD, etc.), and mailing costs (if any). If your request is for copies of data that we cannot reproduce ouroe|ves, such as photognspho, we will charge you the actual cost we must pay an outside vendor for the copies. The cost of employee time to make copies is calculated at the actua hourly rate of the These are the data 1 am requesting: Note: Describe the data you are requesting as specifically aa possible. If you need more space please use the back of this form. Contact Information Data subject name Parent/Guardian name (if applicable) Address Phone number Email address Signature of Data Subject or ParentlGuardian Staff Verification Identification provided The City of Mendota Heights will respond to your request within 10 business days. 37 (� ) Standards for Verifying Identity The foliowing constitute proof of identity. An adult individua must provide a valid photo ID, such as ° state driver's license o military 0 ° passport ^ ° Minnesota ID ° Minnesota triba ID A minor individual must provide a valid photo ID, such as o state driver's Iicense ° military ID » passport ° Minnesota ID ° Minnesota Tribal ID ° Minnesota school ID The parent or guardian ofa minor must � a valid photo ID and either a certified copy of the minor's birth certificate or a certified copy of documents that establish the parent or guardian's relationship to the child, such as o court order relating to divorce, separation, custody, foster care = foster care contract o affidavit of parentage The legal guardian for an individual must provide a valid photo ID and a certified copy of appropriate documentation of formal or informal appointment as guardian, such as court order(s) ° valid power of attorney Note: Individuals who do not exercise their data practices rights in person must provide either notarized or certified copies of the documents that are required or an affldavit of ID. 38 City of Mendota Heights NOTICE TO ALL APPLICANTS FOR MUNICIPAL PERMITS, LICENSES OR OTHER MUNICIPAL ACTION 1. If you are requesting municipa action on any reques for any of the above, you will be required to furnish certain information about yourself, the project you are involved in, or other matters pertaining to the application. Some of the information you are asked to provide is classified by state iaw as either private or confidentiat. Private data is information which generaily cannot be given to the public but can be given to the subject of the data. Confidential data is information which generally cannot be given to either the public or the subject of the data. 2. The purpose of this information is to enable the City of Mendota Heights or other government agencies to evaluate relevant factors in considering your request. You are not Iegauy required to provide this information. If you do not provide the requested information, the City may not act upon your request. 3. The information you supply will be public and available to any entity requesting to inspect the information. DATA PRACTICES ADVISORY TENNESSEN WARNING REQUJRED BY MINNESOTA STATUTES CHAPTER 13.04 BY COMPANY/TITLE: ( } NON-PUBLIC DATA MAINTAINED BY CITY (EXHIBIT A) 1. Personne! Data (Private) Minn. Stat. §13.43 /U| data on all individuals who are or were an' an applicant for employment, volunteer, independent contractor, or member or applicant for advisory board or commission is orivete, except the following which is public: Name Employee identification number, which must not be the employee's Social Security number Actual gross satary Contract fees Actua! gross pension Va!ue and nature of emp!oyer paid fringe benefits Basis for and amount of added remuneration, including expense reimbursement Job description, job titte and bargaining unit Education and training background Relevant test scores and rank on eligible list Previous work experience Date of first and ast employment Veteran status The existence and status (but not nature) of any complaints or charges against the employee, regard!ess of whether the comptaint or charge resutted in discip!ine Final disposition of any disciplinary action, together with specific reasons for the action and data documenting the basis of the eotion, excluding data that would identify confidential sources who are emp!oyees of the city Terms of any agreement settling any dispute arising from the employment relationship, including a "buyout" agreement Work availability Work location Work tetephone number Badge number Honors and awards received Payroll time sheets or other comparabte data that are only used to account for employee's work time for payroll purposeo, except to the extend that release of time sheet data would reveal the employee's reasons for the use of sick or other medical leave or other non-public data Names and addresses of applicants for and members of an advisory board or commission Name, after being certified as eligible for appointment to a vacancy or when considered a finalist for a position of public emp!oyment (which occurs when the person has been selected to be interviewed by the appointing authority) If it is necessary to protect an employee from harm to se!f or to protect another person who may be harmed by the emp!oyee, information that is relevant to the safety concerns may be released to (1) the person who may be harmed or to the person's attorney when relevant to obtaining a restraining order, (2) a pre-petition screening team in the commitment process, or (3) a court, law enforcement agency or prosecuting agency. All other data is private but may be reteased pursuant to a court order. Data pertaining to an em dependents are private data on individuats. 3. Property Comptaint Data (confidential) Minn. Stat. §13.44 40 ~--`The- identities of individuals who register complaints concerning violations of state -laws or local ordinances concerning the use of rea property. 4. Security Information (Private) Minn. Stat. §13.37 Data which if disclosed would be likely to substantially jeopardize the security of inhormation, posaeaeiona, individuals or property against theft, tampmhng, improper uae, attempted enmape, illegal disclosure, trespass, or physical injury. This includes crime prevention biock maps and Iists of volunteers who participate in community crime prevention programs and their home addresses and telephone nunhbere, but these may be disseminated to other volunteers participating in crime prevention programs. This also includes interior sketches, photoo, or plans of buildings where detailed information about alarm systems or similar issues could jeopardize security. 5. Absentee Ballots (Non-public/Phvate Minn. Stat. §13.37 Sealed absentee bal!ots before being opened by an &ection judge. 6. Sealed bids (Non-public) Minn. Stat. §13.37 Sealed bids including the number of bids received, prior to opening. 7. Trade Secret Information (Non-pubflc) Minn. Stat. §13.37 —Govarnnnant doha, including a fbnnu/a, pattern, compilation, prognam, devce, method, technique or process (1) that was supplied by the City (2) that is the subjec of efforts by the City that are reasonable under the circumstances to maintain its secrecy, and (3) that derives i economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disc!osure or use. 8. Labor Relations Information (Non-public) Minn. Stat. §13.37 Management positions on economic and non-economic items that have not been presented during the collective bargaining process or interest arbitration, including information collected or created to prepare the management position. 9. Firearms Data (Private) Minn. Stat. §13.87 Data about the purchase or transfer of firearms and applications for permits to carry firearms. 10. Examination Data Minn. Stat. §13.34 Completed versions of personnel and licensing examinations are private, unless the Responsible Authority determines that they shoutd be confidential because access woutd compromise the objectivity, fairness, or integrity of the examination process. 11. Elected Officials Correspondence (Private) Minn. Stat. §13.601 Correspondence between individuals and elected officiats, but either may make it pubtic. 12. Federal Contracts Data (Non-public) Minn. Stat. §13.35 To the extent that a federal agency requires it as a condition for contracting with the city, all government data collected and maintained by the city is classified as private or nonpublic depending on whether the data are data on individuals or data not on individuals. / ( 41 13. Civll Investigative Data Minn. Stat. §13.39 Data collected as part of an active investigation undedken to commence or defend pending civil |iUgodon, or which are retained in anticipation of pending civil litigation is confidential, except that a complainant's statement is private. 14. Appraisal Data (Confidentia or Non-pubUc) Minn. Stat. §13.44 a. Estimated or appraised values of individual parcels of real property that are made by personnel of the city or by independent appraisers acting for the city for the purpose of selling or acquiring land through purchase or condemnation are classified as confidential data on individuals or protected nonpublic data. b. Appraised values of individual parcels of real property that are made by appraisers working for fee owners or contract purchasers who have received an offer to purchase their property from the city are classified as private data on individuals or nonpublic data. The data become public upon the occurrence of any of the foUowing: The dat•a are submitted to a court-appointed condemnation commissioner; The data are presented in court in condemnation proceedings; or The negotiating parties enter into an agreement for the purchase and sale of the property. 15. Personal and intangible property appraisal data (Non-public) Minn. Stat. §13.44 PreHminary and final market value eppreiea|a, which are made by personnel of the city or by an independent appraiser acting on behalf of the oih/, of personal and intangible property owned by the city are classified as nonpublic data not on individuals until either (1) a purchase agreement is entered into; or (2) the parties negotiating the transaction exchange appraisals. 16. Social Security number (Private) Minn. Stat. §13.355 The Social Security numbers of individua|a, whether provided in whole or in pad, collected or maintained by a government entity are private data on individue|o, except to the extent that access to the Social Security number is specifically authorized by taw. 17. Recreation Data (Private Minn. Stat. §13.57 People enrolling in reoreatomal or other social progname: nome, oddnaso, telephone number, any other data that identifies the individual, and any data which describes the health or medical condition of the individual, family relationships, living arrangements, and opinions as to the emotional makeup or behavior of an individual. 18. Planning Survey Data (Private/Non-public) Minn. Stat. §13.43 The following data collected in surveys of individuals conducted by the city for the purpose of planning, development and redevelopment are classified as private or nonpublic: names and addresses of individuals and the legal descriptions of property owned by the individuals, and the commercial use of the property to the extent disclosure of the use would identify a particular business. 42 --19. City Attorney Records - ~~Minn.8tat §13.30 The use, md/ecion, storage, and dissemination of data by the city attorney are governed by etatuea, rules, and professional standards concerning discovery, production of documents, introduction of evidence, and professional responsibility. Data which is the subject of attorney-client privilege is confidential. Data which is the subject of the work product" privilege is confidential. 20 Electronic Access Data Minn. Stat. §13.15 Data created collected, or maintained about a person's access to a city computer for the purpose of gaining access to data or information, transferring data or information are private data on individuals or nonpublic data. 21. Service Cooperatives Claims Data Minn. Stat. §13.43 Claims h and all related information i administrators participating in a group health or dental plan, including any long-term disability plan, offered through the Minnesota service cooperatives to the city, and survey information collected from employees and employers participating in these plans and programs, except when the executive director of a Minnesota service cooperative determines that release of the data will not be detrimental to the plan or program, are classified as nonpublic data not on individuals. 43 (1 ` Consent to Release - Request from a Government Entity Explanation of Your Rights You have the right to choose what data we release. This means you can let us release all of the data, some of the data, or none of the data listed on this form. Before you give us permission to release the data, we encourage you to review the data listed on this form. You have the right to let us release the data to uU, oonne, or none of the persons or entities listed on this form. This means you can choose which entities or persons may receive the data and what data they may receive. You have the right to ask us to explain the consequences for giving your permission to release the data. You may withdraw your permission at any time. Withdrawing your permission will not affect the data that we have already released because we had your permission to release the data. If you have a question about anything on this form, or would like additional information or exp}aUedon, please contact Sandie Thonm, City C|erh, 1101 Victoria Curvo, Mendota Heights, Minnesota 55118, 651.452.1850. before signing. . give my permission for the City of Mendota Heights to release data about me to as described on this form. understand that my decision to allow release of the data to is voluntary. 1. The specific data that the City of Mendota Heights may release to are 2. | understand the City of Mendota Heights wants to release the data for this reason: 3. | understand that although the data are classified as private at the City of Mendota Heights, the classification/treatmeflt of the data at depends on|avvoorpo|ioienUhmt apply to This authorization to release the data expires Individual data subject's signature Date Parent/guardian's signature [if needed] Date 44 CITY OF MENDOTA HEIGHTS MEMO December 27, 2011 TO: Mayor, City Council, and City Administrator FROM: Kristen Schabacker, Finance Director \p,' SUBJECT: City Depositories for 2012 DISCUSSION: Each year the city designates financial institutions as depositories of city funds. This is done on an annual basis. It may be changed at any point in the year if necessary. The attached resolution designates the financial institutions that are approved depositories of city funds. ACTION REQUIRED: Pass a motion adopting Resolution No. 2012- :"RESOLUTION ESTABLISHING 2012 CITY DEPOSITORIES OF FUNDS." 45 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2012- RESOLUTION ESTABLISHING 2012 CITY DEPOSITORIES OF FUNDS BE IT RESOLVED by the city council of the City of Mendota Heights that the following institutions be designated as depositories for city funds and securities for 2012: American Bank Wells Fargo Bank Cherokee State Bank Gateway Bank U.S. Bancorp Piper Jaffray & Co. TCF National Bank Minnesota Municipal Money Market Fund Wells Fargo Advisors, Inc. BE IT FURTHER RESOLVED that investments of city funds be in any securities authorized by Minnesota Statutes Chapters 118.A04. Adopted by the City Council of the City of Mendota Heights this 3rd day of January, 2012. BY ATTEST: Sandie Thone, City Clerk 46 CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor CITY OF MENDOTA HEIGHTS MEMO December 27, 2011 TO: Mayor, City Council, and City Administrator FROM: Kristen Schabacker, Finance Director SUBJECT: Pledged Securities for 2012 Item 6h DISCUSSION: Minnesota statute 118A.03 requires that to the extent city funds in a financial institution exceeds FDIC insurance amounts, a collateral security must be pledged to cover the difference. American Bank has provided a security that is pledged to the city to cover those deposits if they do exceed FDIC limits at the close of a business day. For 2012, FDIC insurance will cover deposits up to $250,000. The attached resolution accepts the security that is pledged on behalf of the City of Mendota Heights. ACTION REQUIRED: Pass a motion adopting Resolution No. 2012- :"RESOLUTION ACCEPTING PLEDGED SECURITIES FOR 2012." 47 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 2012- RESOLUTION ACCEPTING PLEDGED SECURITIES FOR 2012 WHEREAS, every designated depository of city funds must provide collateral or other security to the city to protect against financial loss, pursuant to Minnesota Statutes Chapter 118A.03 and 427.01; and WHEREAS, all financial institutions designated as depositories for 2012 are members of the Federal Deposit Insurance Corporation (FDIC) which provides suitable security up to established limits; and WHEREAS, the city's depositories in financial institutions routinely exceed these established limits necessitating the provision of additional security. NOW THEREFORE BE IT RESOLVED that the following pledged securities be accepted by the city as additional collateral for calendar year 2012. American Bank $800,000 FHLB 1.5% due 8/28/2013 Adopted by the City Council of the City of Mendota Heights this 3rd day of January, 2012. CITY COUNCIL CITY OF MENDOTA HEIGHTS ATTEST: Sandie Thone, City Clerk 48 By Sandra Krebsbach, Mayor CITY OF MENDOTA HEIGHTS MEMO Item 6i DATE: January 3, 2012 TO: Mayor, City Council, and City Administrator FROM: Sandie Thone, City Clerk "E)-1---- SUBJECT: Domestic Preparedness Committee Representative Appointment DISCUSSION Each year the city appoints a representative to the Domestic Preparedness Committee per our Domestic Preparedness Joint Powers Agreement with our neighboring cities and Dakota County approved on August 5, 2003. This year staff requests Council appoint Chief Mike Aschenbrener to the Domestic Preparedness Committee. Chief Mike Aschenbrener has served as the City's DPC representative since the inception of the Domestic Preparedness Joint Powers Agreement and has performed outstandingly in the role. The Domestic Preparedness JPA allow the cities in Dakota County and the County to collectively work together to be better prepared to handle future large-scale emergencies. It is clearly in the best interest of the group to use State and Federal dollars for emergency preparedness cooperatively to enhance our general response capability to possible large scale disasters and emergencies. REC OIVEVIEND ACTION Staff recorrunends the city council appoint Chief Mike Aschenbrener as the city's representative to the Domestic Preparedness Committee. ACTION REQUIRED If the city council concurs with the reconunendation, a motion should be made to appoint Chief Mike Aschenbrener as the city's representative to the Domestic Preparedness Committee. 49 1 Item 6j CITY OF MENDOTA-HEIGHTS MEMO December 29, 2011 TO: Mayor, City Council, and Administrator FROM: Kristen Schabacker, Finance Director‘p, SUBJECT: Bank Signature Cards DISCUSSION: This memo is to update the bank signature cards for both American and Gateway Bank. We need to add Justin Miller, City Administrator, to the list of authorized signatures. This change would be effective January 4, 2012. We will be removing David McKnight at the same time. The banks have provided the required paperwork to complete these changes. The paperwork for the ACH direct deposit of payroll will be updated to include the city administrator as an authorized representative. ACTION REQUIRED: Authorize staff to complete the necessary banking paperwork to add Justin Miller and remove David McKnight. 50 DATE: January 3, 2012 TO: CITY OF MENDOTA HEIGHTS MEMO Mayor, City Council, and City Administrator FROM: Tamara Schutta, RR Coordinator. SUBJECT: 2012 -2013 Teamsters Contract DISCUSSION Attached for your review and consideration is the 2012 - 2013 contract between the City of Mendota Heights and the Teamsters union that we have reached a tentative agreement on. The contract falls in the line with the discussions that the city council had with staff both prior to and during the brief negotiation period we had with union representatives. The contract costs are all included in the 2012 city budget as well. The changes to the 2012 — 2013 contract include: 1. Article XI- Call Back - An employee called in for work at a time other than his/her nouual scheduled shift will be compensated for a minimum of two and one -half (2 1/2) hours pay (was 2 hours) at one and one -half (11/2) times the employee's base pay rate. 2. Article XXI, Wages — A 2% cost of living adjustment for 2012 and 2% cost of living adjustment for 2013. 2% on 1/1/2012 2% on 1/1/2013 Maintenance I $17.95 $18.31 Maintenance II $22.04 $22.48 Maintenance III $26.46 $26.99 Leadworker $27.64 $28.19 Mechanic $27.64 $28.19 3. Article XXII. Working out of Classification — A 2% adjustment for 2012 and 2% adjustment for 2013 has been made to the wages in this section in regards to compensation when employees are working out of their traditional job classification. 4. Article XXIII, Clothing -the clothing allowance has been adjusted to $360 for 2012 and $370 for 2013 (was $350). 51 Article XXIV, Insurance — the monthly employer contribution has been adjusted to $1,320 for 2012 and a re- opener for employer contribution for 2013. 6. Article XXVI. Personal Leave and Extended Disability Protection — Change current language to the following: Employees will contribute twenty percent (20 %) (was 10 %) of their total accrued personal leave hours on November 1st of each year beginning in November 2007 which will be put into the State of Minnesota's Post Retirement Health Care Savings Plan in their account/name." 7. Article XXVIII, Vacation - Employees may accrue vacation leave not to exceed a maximum of two hundred hours (200) (was 160 hours). 8. Article XXIX, Duration - This Agreement shall be effective as of January 1, 2012 and shall remain in full force and effective until December 31, 2013. These are changes you agreed to in our previous closed session on this issue. The union members have voted to approve this tentative contract. This was a positive contract negotiation session on both sides. John Mazzitello and I would like to thank the city council and the members of the union. RECOMMEND ACTION Staff recommends that the city council approve the tentative agreement between the City of Mendota Heights and Teamsters Local 320 (Public Works Employees) for 2012 -2013. ACTION REQUIRED If the city council agrees with staff recommendation, a motion should be made to approve the labor agreement between the City of Mendota Heights and Teamsters Local 320 (Public Works Employees) for 2012 — 2013. A simple majority vote is all that is needed on this issue. 52 December 13, 2011 CITY OF MENDOTA HEIGHTS PUBLIC WORKS EMPLOYEES TENTATIVE AGREEMENT 1. ARTICLE Xl. CALL BACK Change two (2) hours to two and one half (2 1/2) hours. 2. ARTICLE XXI. WAGES Increase all wages by two percent (2%) on January 1, 2012 and two percent (2%) on January 1, 2013. 3. ARTICLE XXII. WORKING OUT OF CLASSIFICATION The amounts in this article for working out of classification shall be increased by the same percentage that wages get increased. 4. ARTICLE XXIII. CLOTHING The clothing allowance shall raise to $360 for 2012 and $370 for 2013. 5. ARTICLE XXIV. INSURANCE The Employer shall increase their contribution by five percent (5%) towards the employee's health insurance. In 2013, there will be a re-opener for insurance increases. 6. ARTICLE XXVI. PERSONAL LEAVE AND EXTENDED DISABILITY PROTECTION 26.3 Extended Disability Protection. Change current language to the following: "Employees will contribute twenty percent (20%) of their total accrued personal leave hours on November 1' of each year beginning in November 2007 which will be put into the State of Minnesota's Post Retirement Health Care Savings Plan in their account/name." 7 ARTICLE XXVIII. VACATION 28.2 Change maximum vacation accrual rate to two hundred (200) hours. 8. ARTICLE XXI. DURATION Change contract dates to January 1, 2012 through December 31, 2013. OPEIU12mt/mendotaHtsPW/Prop2011decTA2yr 53 54 between THE CITY OF MENDOTA HEIGHTS and MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES' UNION, LOCAL NO. 320 Representing PUBLIC WORKS EMPLOYEES EFFECTIVE JANUARY 1, 2012 THROUGH DECEMBER 31, 2013 - - • -,••-•• • -,••• • ■=.0,0•00,00-• =.'3,••••0,0 ••:1.11,,,•00.01!,,,•:00P,O;',100:20.i.,,,,Q1;1:ai3O;;00,0■0 0,4 TABLE OF CONTENTS ARTICLE PAGE I Purpose of Agreement 1 II Recognition 1 III Union Security 2 IV Employer Security 2 V Employer Authority 2 VI Employee Rights — Grievance Procedure 3 VII Definitions 5 VIII Savings Clause 6 IX Work Schedules 6 X Overtime Pay 6 XI Call Back 7 XII Standby 7 XIII Legal Defense 7 XIV Right to Subcontract 7 XV Discipline 7 XVI Seniority 8 I i XVII Probationary Periods 8 XVIII Safety 8 XIX Job Posting 8 XX Waiver 9 XXI Wages 9 XXII Working Out of Classification 10 )0(111 Clothing 10 XXIV Insurance 10 XXV Holidays 10 XXVI Personal Leave and Extended Disability Protection 11 XXVII Funeral Leave 12 XXVIII Vacation 12 XIX Water Tower 12 XXX National Teamsters Drive 13 )00(1 Duration 13 Signature Page 13 Appendix A 14 55 LABOR AGREEMENT between CITY OF MENDOTA HEIGHTS and MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES' UNION, LOCAL NO. 320 ARTICLE L PURPOSE OF AGREEMENT This AGREEMENT is entered into between the City of Mendota Heights; hereinafter called EMPLOYER, and Local No. 320, Minnesota Teamsters Public and Law Enforcement Employees' Union. The intent and purpose of this AGREEMENT is to: 1.1 Establish certain hours, wages and other conditions of employment; 1.2 Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/or application; 1.3 Specify the full and complete understanding of the parties; and 1.4 Place in written form the parties' agreement upon terms and conditions of employment for the duration of the Agreement. The Employer and the Union, through this Agreement, continue their dedication to the highest quality of public service. Both parties recognize this Agreement as a pledge of this dedication. ARTICLE II. RECOGNITION 2.1 The EMPLOYER recognizes the Union as the exclusive representative under Minnesota Statutes, Section 179.71, Subd. 3 in an appropriate bargaining unit consisting of the following job classifications: Public Works Leadworker Public Works Maintenance I Public Works Maintenance Public Works Maintenance 111 Public Works Mechanic 2.2 In the event the Employer and the Union are unable to agree as to the inclusion or exclusion of the new or modified job class, the issue shall be submitted to the State of Minnesota Bureau of Mediation Services for determination. MendotaHgts20-12-2013 Page 1 56 (7 ARTICLE 111 UNION SECURITY In recognition of the Union as the exclusive representative, the Employer shall: 3.1 Deduct each payroll period an amount sufficient to provide the payment of dues established by the Union from the wages of all employees authorizing in writing such deduction, and 3.2 Remit such deduction to the appropriate designated officer of the Union. 3.3. The Union may designate certain employees from the bargaining unit to act as stewards and shall inform the Employer in writing of such choice. 3.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this Article. ARTICLE IV. EMPLOYER SECURITY 4.1 The Union agrees that during the life of this Agreement, it will not cause, encourage, participate in or support any strike, slow down or other interruption of or interference with the normal functions of the Employer. 4.2 Any employee who engages in a strike may have his/her appointment terminated by the Employer effective the date the violation first occurs. Such termination shall be effective upon written notice served upon the employee. 4.3 An employee who is absent from any portion of his/her work assignment without permission, or who abstains wholly or in part from the full performance of his/her duties without permission from his/her Employer on the date or dates when a strike occurs is prima facie presumed to have engaged in a strike on such date or dates. 4.4 An employee who knowingly strikes and whose employment has been terminated for such action may, subsequent to such violation, be appointed or reappointed or employed or re-employed, but the employee shall be on probation for two (2) years with respect to such civil service status, tenure of employment, or contract of employment, as he/she may have theretofore been entitled. 4.5 No employee shall be entitled to any daily pay, wages or per diem for the days on which he/she engaged in a strike. ARTICLE V. EMPLOYER AUTHORITY 5.1 The Employer retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to NienciotaHgts2012-2013 Page 2 57 establish work schedules, and to perform any inherent managerial function 'not specifically limited by this Agreement. 5.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish, or eliminate. ARTICLE VI. EMPLOYEE RIGHTS — GRIEVANCE PROCEDURE 6.1 Definition of a Grievance A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 6.2 Union Representatives The Employer will recognize representatives designated by the Union as the grievance epresentativeS of the.bargaining unit having the dutie-S-a-nd .responsibilities, established by this Article. The Union shall notify the Employer in writing of the names of such Union representatives and of their successors when so designated. 6.3 Processing of a Grievance It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and the Union Representative shall be allowed a reasonable amount of time loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided the employee and the Union Representative have notified and received the approval of the designated supervisor, who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 6.4 Procedure Grievances, as defined by Section 6.1, shall be resolved in conformance with the following procedure: Step 1. An employee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the employee's supervisor as designated by the Employer. The Employer's designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, and the remedy requested MendotaHgts2012-2013 Page 3 58 and shall be appealed to Step 2 within ten (10) calendar days after the Employer designated representative's final answer to Step 1. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the Union and discussed with the Employer designated Step 2 representative. The Employer designated representative shall give the Union the Employer's Step 2 answer in writing within ten (10) calendar days following the Employer designated representative's receipt of Step 2 appeal. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the Union and discussed with the Employer designated Step 3 representative. The Employer designated Step 3 representative shall give the Union the Employer's answer in writing within ten (10) calendar days following the Employer designated representative's receipt of Step 3 appeal. Any grievance not appealed in writing to Step 4 by the Union withimten (10) calendardays shall be considered waived: - - - Step 4. A grievance unresolved in Step 3 and appealed to Step 4 shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Bureau of Mediation Services. 6.5 Arbitrator's Authority A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modify or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record MendOttaHgtS201 2-2013 Page 4 59 to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 6.6 Waiver If a grievance is not presented within the time limits set forth above, it shall be considered "waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual agreement of the Employer and the Union. ARTICLE VII. DEFINITIONS 7.1 Union: The MN Teamsters Public Law Enforcement Employees' Union, Local 320. 7.2 Employer: The individual municipality designated by this Agreement. 7.3 Union Member: A member of the Minnesota Teamsters Public and Law Enforcement Employees' Union, Local No. 320. 7.4 Employee: A member of the exclusively recognized bargaining unit. 7.5 Base Pay Rate: The employee's hourly pay rate exclusive of longevity or any other special allowances. 7.6 Seniority: Length of continuous service with the Employer. 7.7 Compensatory Time: Time off the employee's regularly scheduled work schedule equal in time to overtime worked. 7.8 Overtime: Work performed at the express authorization of the Employer in excess of the normal work schedule in effect, (except for shift changes). 7.9 Call Back: Return of an employee to a specified work site to perform assigned duties at the express authorization of the Employer at a time other than an assigned shift. An extension of, or early report to an assigned shift, is not a call back. 7.10 Strike: Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work slowdown, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensation or the rights, privileges or obligations of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensation or the rights, privileges or obligations of employment. PUndotaHcits2012-2013 Page 5 60 ARTICLE VIII. SAVINGS CLAUSE This Agreement is subject to the laws of the United States, the State of Minnesota, and the signed municipality. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be renegotiated at the request of either party. ARTICLE IX. WORK SCHEDULES 9.1 The sole authority in work schedules is the Employer. The normal work schedule shall not exceed ten (10) hours within a twenty-four (24) hour period, or forty (40) hours in a seven (7) day period, (except for shift changes). The normal work schedule shall not involve a split work week. 9.2 Service to the public may require the establishment of regular shifts for some employees- on a< daily,• weekly, seasonal' or ,annual basis other then the normal work schedule. The Employer will give advance notice to the employees affected by the establishment of work days different from the employee's normal work schedule. 9.3 In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet or breakdown of municipal equipment of facilities, no advance notice need be given. It is not required that an employee working other than the normal work day be scheduled to work more than the scheduled shift; however, each employee has an obligation to work overtime or call backs if requested, unless unusual circumstances prevent him/her from so working. 9.4 Service to the public may require the establishment of regular work weeks that schedule work on Saturdays and/or Sundays. ARTICLE X. OVERTIME PAY 10.1 Hours worked in excess of the normal work schedule in effect within a twenty-four (24) hour period (except for shift changes) or more than forty (40) hours within a five (5) day period will be compensated at one and one-half (11/2) times the employee's regular base pay rate. Pay for the seventh (7th) consecutive day will be at double (2) time the employee's regular base pay rate, ARTICLE XII excluded. Hours worked between midnight and 7 a.m. shall be paid a differential of two dollars ($2.00) per hour for a snow or ice emergency. 10.2 Overtime will be distributed as equally as practicable. 10.3 Overtime refused by employees will, for record purposes under ARTICLE 10.2, be considered as unpaid overtime work. 10.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. PilenTlotallgts2012=2013 Page 6 61 ARTICLE Xl. CALL BACK An employee called in for work at a time other than his/her normal scheduled shift will be compensated for a minimum of two and one-half (21/2) hours pay at one and one-haft (11/2) times the employee's base pay rate. ARTICLE XII. STANDBY Employees are expected to perform certain routine tasks on Saturdays, Sundays, and holiday's and in conjunction therewith, must be available for servicing emergency calls also. Stand-by duty pay shall be two (2) hours at one and one-half (11/2) times base rate for each twenty-four (24) hour period or major portion thereof. Compensation for performing routine tasks shall be one (1) hour at one and one-half (11/2) times base rate for checking of two (2) sewer stations and any other emergency duties. This combination of holiday and weekend compensation shall be at the minimum rate of five (5) hours at one and one-half (11/2) times base rate for the combination Saturday/Sunday weekend, and eleven (11) hours at one and one-half (11/2) times base rate for a three (3) day weekend. ARTICLE XIII. LEGAL DEFENSE 13.1 Employees involved in litigation because of negligence, ignorance of laws, non- observance of laws, or as a result of employee judgmental decision may not receive legal defense by the municipality. 13.2 Any employee who is charged with a traffic violation, ordinance violation or criminal offense arising from acts performed within the scope of his/her employment, when such act is performed in good faith and under direct order of his/her supervisor, shall be reimbursed for reasonable attorney's fees and court costs actually incurred by such employee in defending against such charge. ARTICLE XIV. RIGHT OF SUBCONTRACT Nothing in this Agreement shall prohibit or restrict the right of the Employer from subcontracting work performed by employees covered by this Agreement. ARTICLE XV. DISCIPLINE 15.1 The Employer will discipline employees for just cause only. Discipline will be in the form of: A. oral reprimand; B. written reprimand; C. suspension; D. demotion; or E. discharge 15.2 Suspensions, demotions and discharges will be in written form. M ndota H c:As201 2-201 $ Page 7 62 15.3 Written -reprimands; notices of suspension, and notices of discharge to became- part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees and the Union will receive a copy of such reprimands and/or notices. 15.4 Employees may examine their own individual personnel files at reasonable times under .the direct supervision of the Employer. 15.5 Discharges will be preceded by five (5) day suspension without pay. 15.6 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a Union representative present at such meeting. 15.7 Grievances relating to this Article shall be initiated by the Union in Step 3 at the Grievance Procedure under ARTICLE VI. ARTICLE XVI. SENIORITY Seniority will be the determining .criteria for transfers, promotions and layoffs only when all other qualification factors are equal. ARTICLE XVII. PROBATIONARY PERIODS 17.1 All newly hired or rehired employees will serve a six (6) months' probationary period. 17.2 All employees will serve a six (6) months' probationary period in any job classification in which the employee has not served a probationary period. 17.3 At any time during the probationary period a newly hired or rehired employee may be terminated at the sole discretion of the Employer. 17.4 At any time during the probationary period a promoted or reassigned employee may be demoted or reassigned to the employee's previous position at the sole discretion of the Employer. ARTICLE XVIII. SAFETY The Employer and the Union agree to jointly promote safe and healthful working conditions, to cooperate in safety manners and to encourage employees to work in a safe manner. ARTICLE XIX. JOB POSTING 19.1 The Employer and the Union agree that permanent job vacancies within the designated bargaining unit shall be filled based on the concept of promotion from within provided that applicants: MenclotaHvts2012-2013 Page 8 63 have the necessary qualifications to-meet the standards of the job vacancy; and B. have the ability to perform the duties and responsibilities of the job vacancy. 19.2 Employees filling a higher job class based on the provisions of this Article shall be subject to the conditions of ARTICLE XVII (PROBATIONARY PERIODS). 19.3 The Employer has the right of final decision in the selection of employees to fill posted jobs based on qualifications, abilities and experience. 19.4 Job vacancies within the designated bargaining unit will be posted for five (5) working days so that members of the bargaining unit can be considered for such vacancies. ARTICLE XX. WAIVER 20.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superseded.. - 20.2 The parties mutually acknowledge that during negotiations, which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed from law by bargaining. All are set forth in writing in this Agreement for the stipulated duration of this Agreement. The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions or employment referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both parties at the time this contract was negotiated or executed. ARTICLE XXI. WAGES 21.1 Maintenance I Maintenance II Maintenance III Leadworker Mechanic 2% on 1/1/2011 $17.60 $21.61 $25.94 $27.10 $27.10 2% on 1/1/2012 $17.95 $22.04 $26.46 $27.64 $27.64 2% on 1/1/2013 $18.31 $22.48 $26.99 $28.19 $28.19 21.2 Work performed, as assigned by the Employer, to replace an absent mechanic shall be compensated at one-half (IA) the difference between the employee's regular compensation and the mechanic's regular compensation. The mechanic is absent when on authorized leave or vacation. 21.3 All employees hired after January 1, 1984 may be classified at the sole discretion of the City and received Working Out of Classification pay as provided in ARTICLE XXII. MenclotaKgts2012,20 1 3 Page 9 64 • • ARTICLE XXII. WORKING OUT OF CLASSIFICATION 22.1 Maintenance I, Maintenance II, and Maintenance 111 workers who are adjudged qualified by the Employer to operate the Case Loader-Backhoe, grader, the 580D Groundsmaster, when in use for lawn maintenance, and leased tracked equipment will be paid for those hours assigned to the unit at the rate of $27.52 per hour for 2012 and $28.07 for 2013. 22.2 Maintenance 1, Maintenance 11, and Maintenance HI workers who are adjudged qualified by the Employer and hold a valid welding certification will be paid for hours spent welding assigned by the Employer at the rate of $27.52 per hour for 2012 and $28.07 for 2013. 22.3 Maintenance 1 and Maintenance II workers who are required by the Employer to be qualified to operate the items of equipment listed in Appendix A will be paid the Maintenance III rate of pay for those hours assigned to the unit. • ARTICLE XXIII. CLOTHING Each employee shall receive an annual reimbursement for purchase of protective clothing worn on the job in the maximum amount of three hundred sixty dollars ($360.00) for 2012 and three hundred seventy dollars ($370.00) for 2013. Reimbursement shall be upon presentation of receipt for purchase of such clothing and approval of the Public Works Superintendent. ARTICLE XXIV. INSURANCE The Employer will contribute up to a maximum of one thousand three hundred and twenty dollars ($1,320) per month per employee for 2012 towards health, term life, short term disability, long-term disability insurance and dental insurance. There will be an insurance re- opener for the year 2013. ARTICLE XXV. HOLIDAYS 25.1 Eleven (11) paid 8-hour holidays are granted. Ten conventional holidays are as follows: January 1 New Year's Days 3rd Monday of February President's Day Good Friday Last Monday in May Memorial Day July 4 Independence Day lst Monday in September Labor Day 2nd Monday of October Columbus Day November 11 Veteran's Day 4th Thursday of November Thanksgiving Day December 25 Christmas If January 1, New Year's Day; July 4, Independence Day; November 11, Veteran's Day; or December 25, Christmas, fall on Saturday, the preceding Friday shall be considered a holiday. If January 1, July 4, November 11, or December 25 fall on a Sunday, the following Monday shall be considered a holiday. MendotaHts2012-2013 Page 10 65 considered a holiday. if Jan-a-dry-1; JUly 4, November 11, or December 25 fall on a Sunday, the following Monday shall be considered a holiday. 25.2 In recognition of Martin Luther King's birthday, an eleventh (11th) day, a floating holiday, will be granted, conditioned that scheduling arrangements must be approved by the supervisor at least two (2) days in advance of the floating holiday. 25.3 An employee required to work on a scheduled holiday will be compensated at one and one-half (11/2) times the employee's regular rate of pay, and will receive time off equivalent to the holiday hours worked, to a maximum of eight (8), at a time subsequently scheduled by the supervisor. ARTICLE XXVI. PERSONAL LEAVE and EXTENDED DISABILITY PROTECTION 26.1 Personal Leave: Beginning January 1, 1987, all permanent full-time employees shall accrue personal leave at the rate of four (4) hours per month, to a maximum of 320 hours. Personal leave shall be available for use without restriction, except prior ---approval. of the supervisor.-An employee shalltiotbe=allowed to,use more th'an twenty-- (20) consecutive personal days, or a combination of twenty (20) consecutive personal and vacation days, without prior approval of the City Council. Each December 1, any employee with an accrued personal leave balance in excess of 320 hours may convert the excess hours at the rate of fifty percent (50%), to either additional cash compensation, or additional vacation time. The compensation will be made, or the extra vacation credited, with the second payroll in December. Upon separation, employees shall be compensated for any unused personal leave balance. 26.2 Extended Disability Protection: Beginning January 1, 1987, all permanent full-time employees shall accrue extended disability leave at the rate of four (4) hours per month, to a cumulative maximum of six hundred and forty (640) hours. Extended disability protection is available for use on the first (1st) consecutive day of a personal illness, and thereafter, or anytime for a work related illness or injury. Employees are to keep their supervisor informed of their condition. The supervisor may require a letter of report from the attending physician. Claiming extended disability leave when physically fit may be cause for disciplinary action, including transfer, demotion, suspension, or dismissal. In cases of extreme emergency involving employees with a record of meritorious service, who through serious or protracted illness have used up all accumulated personal leave, extended disability leave, vacation leave, and compensatory time off, an extension of extended disability leave beyond the maximum provided in this resolution may be granted by the City Council. The resultant deficit will be repaid promptly through application of future personal and extended disability leave accruals. Mendotallgts2012-2013 Page 11 66 26.3 Employees will contribute twenty percent (20°/0) of their total accrued personal leave hours on November 1" of each year beginning in November of 2007 which will be put into the State of Minnesota's Post Retirement Health Care Savings Plan(s) in their account/name. 26.4 Upon separation from employment with the City, an employee will put all unused vacation and personal leave, hours for hours, into the State of Minnesota's Post Retirement Health Care Savings Plan(s). ARTICLE XXVII. FUNERAL LEAVE 27.1 All permanent employees, both full-time and part-time, may attend the funeral of their spouse, mother, father, children, brother, sister, mother-in-law and father-in-law as paid Funeral Leave. Such funeral leave shall not exceed twenty-four (24) hours and shall not be counted as sick leave. 27.2 All permanent employees, both full-time and part-time, may attend the funeral of their -- grandparent, brotherin-law-and sister-indawr, as-paid-funeral lave. Such funeral leave shall not exceed eight (8) hours and shall not be counted as sick leave. ARTICLE XXVIII. VACATION 28.1 Time is accrued according to the following schedule: Eighty (80) hours after one (1) year service; and eighty (80) hours per year through four (4) years of service; One hundred twenty (120) hours per year after five (5) years of service and one hundred twenty (120) hours per year through nine (9) years of service; Eight (8) additional hours per year after ten (10) years of service with a maximum of one hundred sixty (160) after fifteen (15) years of service. 28.2 Employees may accrue vacation leave not to exceed a maximum of two hundred (200) hours. 28.3 No employees shall be permitted to waive vacation for the purpose of receiving double pay. ARTICLE XXIX. WATER TOWER The Employer agrees that members of the bargaining unit shall not be required to ascend the ladder above the "drip ceiling" in the elevated water tower. M n dotaH gts 201 2-201 3 Page 12 67 ARTICLE XXX: NATIONAL TEAMSTERS D.R.I.V.E. (Democratic/Republican/Independent Voter Education) '—' Upon receipt of a properly executed voluntary authorization card from an employee, the City will deduct from the employee's salary such amounts as the employee authorizes to pay National Teamsters D.R.I.V.E. Any start-up costs will be reimbursed by the Union. ARTICLE XXXI. DURATION This Agreement shall be effective as of January 1, 2012 and shall remain in full force and effective until December 31, 2013. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 29th day of December, 2011. CITY OF MENDOTA HEIGHTS MINNESOTA TEAMSTERS LOCAL NO. 320 Mayor Sarni Gabriel, Recording-Sec'ty/Business Agent City Clerk Steward City Administrator • niivadotertos2o12-2013 Page 13 68 APPENDIX A Backhoe — Under 15 Reach Blacktop Paver Bobcat — Bobadier or MT Trackless Boom Truck Brush Chipper Cement Mixer Crawler Tractor — Under 50 HP Cushman 632 John Deere 401 Tractor when flayel, sickle or loader is attached Loader 1 Yard or More Oil Distributor Paint Striper — Truck Mounted Rollers (steel and rubber) Over 6 Ton Sewer Cleaner, Hydraulic and Vacuum Street Sweepers — Pickup Type Tree Spade Any vehicle requiring a State of Minnesota "Class B" Operators License MendotaHjts20i2;20i3 Page 14 69 d 1 } , TO: MAYOR AND CITY COUNCIL FROM: KRISTEN SCHABACKER, FINANCE DIRECTOR \a,)NV' Cairns List Surnmary for the January 3, 2012 City Counci Meethig Significant Claims Great River Greening Pilot Knob Parking Lot Work UNC[r - Mandota Mall Litigation Motorola Police Radios Ratwik, Roszak & Maloney Legal Unusual Claims $ 6,194.37 $ 15,641.16 $ 25,343.25 $ 10.364.51 Total $57,543.29 Robert Lambert 'Tuition Reimbursement Northwest Associated Consultants - Retainer/Property Maintenance Paradise Car Wash 2012 Police Car Wash Contract US Bank - DCC Bond Payment Total Manual Checks Total System Checks Total Total List of Claims for the January 3, 2012 City Council Meeting $4,895.00 $4,106.90 $3,740.63 $3,797.98 $16,540.51 Ttem 61 $4,968.78 $132,164.13 $13(13l91 70 CITY OF MENDOTA HEIGHTS Claims List Manual Checks 12/28/11 MAN Account Comments DEPT Descr Amount 12/29/11 11:24 AM Page 1 Search Name AFFINITY PLUS G 01 -2073 12/23/2011 PAYROLL $1,040.00 Search Name I C M A RETIREMENT 457 G 01 -2072 12/23/2011 PAYROLL Search Name NATIONWIDE RETIREMENT SOLUTION G 01 -2072 12/23/2011 PAYROLL Search Name NELSON, DEREK E 01- 4490 - 110 -10 ALCOHOL COMPLIANCE Administration Search Name NORTH AMERICAN RESCUE, LLC E 01 -4410- 020 -20 VOID - #079344 Police Search Name SCHUTTA, TAMARA E 01 -4490- 109 -09 RECEPTION SUPPLIES City Council Search Name UNITED WAY OF ST. PAUL G 01 -2070 12/23/2011 PAYROLL Search Name US BANK G 01 -1215 E 01- 4223 - 020 -20 Search Name US BANK Search Name XCEL ENERGY E 01 -4211- 320 -70 E 01 -4212- 320 -70 Search Name XCEL ENERGY 71 DCC PAYMENT - JAN 2012 DCC PAYMENT - DEC 2011 Police OCT -NOV 2011 UTILITIES Parks & Recreation OCT -NOV 2011 UTILITIES Parks & Recreation $197.92 $650.00 $30.00 - $903.00 $92.93 $43.00 $1,914.65 $1,883.33 $3,797.98 $9.97 $9.98 $19.95 $4,968.78 CITY OF MENDOTA HEIGHTS Claims List 01/03/12PAY System Checks Account Comments DEPT Descr Amount 12/29/11 11:21 AM Page 1 Search Name ACE SUPPLY COMPANY G 01 -2010 BLDG MAINT SUPPLIES - PW G 01 -2010 BLDG MAINT SUPPLIES - PW G 15 -2010 BLDG MAINT SUPPLIES - PW $13.36 $13.35 $13.35 Search Name ACE SUPPLY COMPANY $40.06 Search Name ALL SEASONS TREE SVC & SNOW G 01 -2010 BUCKTHORN REMOVAL Search Name ALLINA MEDICAL CLINIC G 01 -2010 HEALTH EXAMS - FIRE DEPT Search Name AMBROSE, JOHN G 01 -2010 Search Name ANCOM COMM INC G 01 -2010 $500.00 $1,497.50 2011 CLOTHING ALLOWANCE $350.00 PAGER BATTERIES $193.44 Search Name BERTELSON TOTAL OFFICE SOLUTNS G 05 -2010 LETTERHEAD /ENVELOPES $187.62 G 01 -2010 OFFICE SUPPLIES $64.12 G 08 -2010 SUPPLIES - CARPET PROJEC $132.48 G 01 -2010 OFFICE SUPPLIES -$5.55 G 01 -2010 LETTERHEAD /ENVELOPES $1,834.54 G 15 -2010 LETTERHEAD /ENVELOPES $62.54 Search Name BERTELSON TOTAL OFFICE SOLUTNS $2,275.75 Search Name BLUM, TERRY G 01 -2010 TUITION REIMBURSEMENT -10 $677.96 Search Name BURNSVILLE, CITY OF G 01 -2010 JPA ADMIN FEE G 73 -2010 JPA ADMIN FEE Search Name BURNSVILLE, CITY OF Search Name BUSINESS FORMS & ACCTG G 01 -2010 W -2 FORMS G 05 -2010 W -2 FORMS G 15 -2010 W -2 FORMS G 45 -2010 W -2 FORMS Search Name BUSINESS FORMS & ACCTG Search Name C. DARLENE OEHLKE, CAP G 01 -2010 12/20/11 CITY COUNCIL Search Name CAMELOT CLEANERS G 01 -2010 UNIFORMS CLEANING - PD $400.00 $399.99 $799.99 $156.52 $26.08 $26.08 $26.08 $234.76 $147.20 $141.34 72 CITY OF MENDOTA HEIGHTS Claims List 01 /03 /12PAY System Checks Account Comments DEPT Descr Amount 12/29/11 11:21 AM Page 2 Search Name CDW GOVERNMENT, INC G 01 -2010 MS OFFICE PRO LICENSES $1,375.27 G 01 -2010 NUANCE PRO SOFTWARE $912.07 Search Name CDW GOVERNMENT, INC $2,287.34 Search Name CENTURY LINK G 45 -2010 DEC 2011 - JAN 2012 SERVIC $32.07 E 45 -4210- 045 -45 DEC 2011 - JAN 2012 SERVIC Golf Course $20.26 Search Name CENTURY LINK $52.33 Search Name CONTINENTAL SAFETY EQ G 15 -2010 SUPPLIES & EQUIPMENT $179.36 G 15 -2010 SUPPLIES & EQUIPMENT $16.03 Search Name CONTINENTAL SAFETY EQ $195.39 Search Name DAKOTA COMMUNICATIONS CENTER E 01 -4275- 020 -20 JAN 2012 DCC FEE Police $14,520.75 E 01- 4275 - 030 -30 JAN 2012 DCC FEE Fire $764.25 Search Name DAKOTA COMMUNICATIONS CENTER $15,285.00 Search Name DAKOTA MECHANICAL G 01 -2010 BLDG REPAIR - FIRE HALL $349.14 Search Name DELTA DENTAL E 01 -4131- 110 -10 JAN 2012 PREMIUM Administration $241.75 G 01 -2071 JAN 2012 PREMIUM $1,474.25 E 15 -4131- 060 -60 JAN 2012 PREMIUM Utility Enterprise $101.45 E 084131- 000 -00 JAN 2012 PREMIUM Spec Fds $38.85 E 05 -4131- 105 -15 JAN 2012 PREMIUM Engineering Enterprise $77.70 E 01 -4131- 070 -70 JAN 2012 PREMIUM Parks & Recreation $280.60 E 01- 4131 - 050 -50 JAN 2012 PREMIUM Road & Bridges $343.20 E 01- 4131 - 020 -20 JAN 2012 PREMIUM Police $522.35 G 01 -2074 JAN 2012 PREMIUM $77.70 Search Name DELTA DENTAL $3,157.85 Search Name ECOLAB INC G 01 -2010 BLDG MAINTENANCE - FIRE D $91.95 Search Name ELECTRO WATCHMAN E 15 -4210- 060 -60 QUARTERLY CHARGE - PW E 01 -4210- 070 -70 QUARTERLY CHARGE - PW E 01- 4210 - 050 -50 QUARTERLY CHARGE - PW Search Name ELECTRO WATCHMAN Search Name FLEET SERVICES G 01 -2010 NOV 2011 SQUAD LEASES Search Name GERTENS GREENHOUSE G 08 -2010 HOLIDAY DECORATIONS Search Name GOLDEN VALLEY HEATING & AIR 73 Utility Enterprise Parks & Recreation Road & Bridges $117.56 $117.56 $117.57 $352.69 $4,561.20 $295.51 Account CITY OF MENDOTA HEIGHTS Comments Claims List 01/03/12PAY System Checks DEPT Descr Amount 12/29/11 11:21 AM Page 3 G 01 -2010 Search Name GRAINGER G 01 -2010 G 01 -2010 G 15 -2010 Search Name GRAINGER Search Name GRAUL, DAVE G 01 -2010 G 01 -2010 Search Name GRAUL, DAVE REFUND - OVERPAYMENT BLDG MAINT SUPPLIES BLDG MAINT SUPPLIES BLDG MAINT SUPPLIES COMPRESSOR CHECK - FIRE HOIST INSPECTION & MAINT. Search Name GREAT AMERICAN MARINE G 01 -2010 EQUIPMENT REPAIR PARTS Search Name GREAT RIVER GREENING G 09 -2010 PILOT KNOB HILL PROJECT Search Name HARTFORD LIFE E 01 -4131- 050 -50 E 15 -4131- 060 -60 G 01 -2071 E 08- 4131 - 000 -00 E 01 -4131- 020 -20 E 01 -4131- 110 -10 E 01 -4131- 070 -70 E 05 -4131- 105 -15 Search Name HARTFORD LIFE Search Name HENNING, KIM G 01 -2010 Search Name HUEBSCH G 08 -2010 Search Name INTEGRA TELECOM E 15 -4210- 060 -60 E 05- 4210 - 105 -15 E 01- 4210 - 040-40 E 01- 4210- 020 -20 E 01 -4210- 110 -10 G 05 -2010 G 01 -2010 G 15 -2010 E 01 -4210- 050 -50 G 01 -2010 E 01 -4210- 070 -70 E 01 -4210- 020 -20 Search Name INTEGRA TELECOM JAN 2012 LTD PREMIUM Road & Bridges JAN 2012 LTD PREMIUM Utility Enterprise JAN 2012 LTD PREMIUM JAN 2012 LTD PREMIUM Spec Fds JAN 2012 LTD PREMIUM Police JAN 2012 LTD PREMIUM Administration JAN 2012 LTD PREMIUM Parks & Recreation JAN 2012 LTD PREMIUM Engineering Enterprise REIMB. - OPERATING SUPPLI MAT SERVICE - CITY HALL JAN 2012 SERVICE JAN 2012 SERVICE JAN 2012 SERVICE JAN 2012 SERVICE JAN 2012 SERVICE DEC 2011 SERVICE DEC 2011 SERVICE DEC 2011 SERVICE JAN 2012 SERVICE DEC 2011 SERVICE JAN 2012 SERVICE JAN 2012 SERVICE Utility Enterprise Engineering Enterprise Code Enforcement/Inspe Police Administration Road & Bridges Parks & Recreation Police $10.00 $6.83 $6.83 $6.82 $20.48 $45.00 $150.00 $195.00 $136.17 $6,194.37 $379.09 $17.14 $231.06 $83.65 $486.65 $247.91 $234.09 $72.71 $1,752.30 $50.94 $184.50 $132.13 $93.14 $37.26 $149.03 $186.28 $93.13 $372.57 $132.13 $22.98 $116.66 $22.98 $70.69 $1,428.98 74 CITY OF MENDOTA HEIGHTS Claims List 01 /03 /12PAY System Checks Account Comments DEPT Descr Amount 12/29/11 11:21 AM Page 4 Search Name INTERNATIONAL OFFICE TECHNLGY G 15 -2010 TONER - UB Search Name INTERSTATE BATTERY SYSTEM G 01 -2010 G 01 -2010 G 01 -2010 EQUIP. REPAIR - BATTERIES EQUIP. REPAIR - BATTERIES STATEMENT CREDIT $111.73 $115.37 $217.92 -$0.46 Search Name INTERSTATE BATTERY SYSTEM $332.83 Search Name KEEPRS, INC G 01 -2010 Search Name KIRCHNER, CLIFF G 01 -2010 TRAINING GUNS $1,980.38 2011 CLOTHING ALLOWANCE $350.00 Search Name LAMBERT, ROBERT G 01 -2010 TUITION REIMBURSEMENT Search Name LAWMAN BADGE COMPANY G 01 -2035 BADGES - PD G 01 -2010 BADGES - PD Search Name LAWMAN BADGE COMPANY Search Name LAWSON PRODUCTS, INC G 01 -2010 EQUIPMENT REPAIR PARTS G 15 -2010 EQUIPMENT REPAIR PARTS G 01 -2010 EQUIPMENT REPAIR PARTS G 01 -2010 EQUIPMENT REPAIR PARTS Search Name LAWSON PRODUCTS, INC Search Name LEE, JAMES G 01 -2010 DEC 2011 SERVICES Search Name LILLIE SUBURBAN NEWS G 01 -2010 G 01 -2010 G 01 -2010 G 15 -2010 PLANNING NOTICES - 11/6/11 RE- ROOFING BIDS 11/20/11 RE- ROOFING BIDS 11/20/11 RE- ROOFING BIDS 11/20/11 $4,895.00 - $166.67 $2,590.92 $2,424.25 $269.20 $40.46 $40.47 $40.46 $390.59 $1,728.00 $172.50 $20.13 $20.13 $20.12 Search Name LILLIE SUBURBAN NEWS $232.88 Search Name LMCIT G 01- 2010 Search Name LOWES G 45 -2010 G 01 -2010 G 45 -2010 G 01 -2010 75 MENDOTA MALL LITIGATION $15,641.16 BLDG MAINTENANCE - PAR3 EQUIPMENT MAINTENANCE - BLDG MAINTENANCE - PAR3 OPERATING SUPPLIES - PAR - $51.94 $227.80 $218.25 $142.08 Account CITY OF MENDOTA HEIGHTS Comments Claims List 01/03/12PAY System Checks DEPT Descr Amount 12/29/11 11:21 AM Page 5 Search Name LOWES Search Name M R P A E 01- 4404 - 070 -70 2012 MEMBERSHIP Search Name MAUER CHEVROLET G 01 -2010 EQUIPMENT REPAIR PARTS Search Name MENARDS G 01 -2010 G 08 -2010 G 15 -2010 G 01 -2010 G 01 -2010 G 15 -2010 G 01 -2010 G 08 -2010 G 08 -2010 G 01 -2010 G 15 -2010 Search Name MENARDS Search Name METRO ARE G 01 -2010 Search Name METRO SALES G 01 -2010 OPERATING SUPPLIES - STR CITY HALL SUPPLIES OPERATING SUPPLIES - SEW OPERATING SUPPLIES - PAR OPERATING SUPPLIES - PAR BLDG MAINT. SUPPLIES- SE BLDG MAINT. SUPPLIES -PAR CITY HALL SUPPLIES CITY HALL SUPPLIES BLDG MAINT. SUPPLIES -STR OPERATING SUPPLIES - SEW RESCUE EQUIPMENT OFFICE SUPPLIES - PD Search Name MID NORTHERN ELECTRIC G 08 -2010 CABLE /EL. WORK - CITY HALL Search Name MIKES SHOE REPAIR INC G 01 -2010 TURNOUT GEAR REPAIR Search Name MINNESOTA SHERIFFS ASSOC E 01- 4404 - 020 -20 2012 MEMBERSHIP Search Name MN BENEFIT ASSN E 01 -4131- 050 -50 G 01 -2071 G 01 -2073 Search Name MN BENEFIT ASSN Search Name MN CONWAY G 01 -2010 JAN 2012 PREMIUM JAN 2012 PREMIUM JAN 2012 PREMIUM SEMI - ANNUAL INSPECTION Search Name MN DEPT OF AGRICULTURE Parks & Recreation Police Road & Bridges $536.19 $143.00 $110.41 $19.68 $16.76 $42.74 $130.15 $19.67 $17.80 $17.81 $95.05 $67.29 $17.81 $19.67 $464.43 $1,426.64 $111.32 $177.50 $40.00 $75.00 $11.82 $46.34 $14.95 $73.11 $110.69 76 Account CITY OF MENDOTA HEIGHTS Claims List 01/03/12PAY System Checks Comments DEPT Descr Amount 12/29/11 11:21 AM Page 6 E 15- 4490 - 060 -60 LICENSE RENEWAL Utility Enterprise $15.00 Search Name MN DEPT OF HEALTH E 01- 4490 - 070 -70 FOOD /BEVERAGE LICENSE -M Parks & Recreation E 45- 4490 - 045 -45 FOOD /BEVERAGE LICENSE- Golf Course Search Name MN DEPT OF HEALTH Search Name MN SPORTS TURF MGRS ASSOC E 01- 4404 - 070 -70 2012 MEMBERSHIP Search Name MN STADMIN ITG TELECOM SRVCE G 01 -2010 OCT 2011 SERVICE - FIRE $266.00 $398.00 $664.00 Parks & Recreation $125.00 $86.92 Search Name MN STATE FIRE DEPARTMENT ASSN E 01 -4404- 030 -30 2012 MEMBERSHIP Fire $288.00 Search Name MN TRUCKING ASSOCIATION G 01 -2010 VEHICLE REPORT Search Name MOTOROLA SOLUTIONS, INC. G 01 -2010 RADIO EQUIPMENT - PD Search Name NAMEPLATES G 01 -2010 $63.05 $25,343.25 TRASH HAULER LICENSES $280.58 Search Name NATURE CALLS, INC G 01 -2010 DEC 2011 RENTALS Search Name NCPERS GROUP LIFE INS. G 01 -2071 JAN 2012 PREMIUM Search Name NOACK, GEORGE G 01 -2010 $202.75 $80.00 2011 CLOTHING ALLOWANCE $350.00 Search Name NORTHERN SAFETY TECHNOLOGY G 15 -2010 EQUIPMENT REPAIR PARTS Search Name NORTHWEST ASSOCIATED CONSULTAN G 01 -2010 COMM. PROPERTY MAINT. C G 01 -2010 NOV 2011 RETAINER Search Name NORTHWEST ASSOCIATED CONSULTAN Search Name OFFICE DEPOT 77 $309.94 $1,706.90 $2,400.00 $4,106.90 CITY OF MENDOTA HEIGHTS Account Comments Claims List 01/03/12PAY System Checks DEPT Descr Amount 12/29/11 11:21 AM Page 7 G 05 -2010 ENG. SUPPLIES $291.56 Search Name OPTUMHEALTH FINANCIAL SERVICES G 01 -2010 NOV 2011 COBRA ADMIN. FE Search Name OREILLY AUTO /FIRST CALL G 15 -2010 EQUIPMENT REPAIR PARTS G 01 -2010 EQUIPMENT REPAIR PARTS - G 01 -2010 EQUIPMENT REPAIR PARTS G 01 -2010 EQUIPMENT REPAIR PARTS G 01 -2010 EQUIPMENT REPAIR PARTS G 01 -2010 EQUIPMENT REPAIR PARTS - G 01 -2010 EQUIPMENT REPAIR PARTS Search Name OREILLY AUTO /FIRST CALL Search Name PARADISE CAR WASH E 01- 4430 - 020 -20 2012 PD CAR WASH AGREEM Police Search Name PENTEL, REBECCA G 01 -2010 TEMP HELP - PD Search Name PITNEY BOWES G 05 -2010 G 15 -2010 G 01 -2010 Search Name PITNEY BOWES Search Name R D 0 EQ CO G 01 -2010 Search Name RADCO G 05 -2010 3RD QUARTER RENTAL 3RD QUARTER RENTAL 3RD QUARTER RENTAL $45.00 $9.40 $105.55 $11.13 $17.10 $28.17 $11.31 = $37.98 $144.68 $3,740.63 $133.00 $3.90 $21.45 $169.65 $195.00 EQUIPMENT REPAIR PARTS $116.03 EQUIPMENT REPAIR PARTS $29.86 Search Name RATWIK,ROSZAK & MALONEY, P.A. G 01 -2010 SEP 2011 LEGAL - PD G 45 -2010 SEP 2011 LEGAL - PAR3 Search Name RATWIK,ROSZAK & MALONEY, P.A. Search Name REYES, MARIO G 01 -2010 $10,128.51 $236.00 $10,364.51 2011 CLOTHING ALLOWANCE $800.00 Search Name SAND CREEK GROUP E 01- 4137 - 110 -10 2012 EMP. ASSISTANCE PRO Administration Search Name SECURITY RESPONSE SERVICES INC E 45- 4335 - 045-45 SECURITY MONITORING - PA Golf Course $1,580.00 $92.82 78 Account CITY OF MENDOTA HEIGHTS Comments Claims List 01 /03 /12PAY System Checks DEPT Descr Amount 12/29/11 11:21 AM Page 8 Search Name SIGNAL SYSTEMS E 15- 4335 - 310 -60 E 01- 4335 - 310 -50 E 01- 4335 - 310 -70 Search Name SIGNAL SYSTEMS TIME CLOCK MAINTENANCE Utility Enterprise TIME CLOCK MAINTENANCE Road & Bridges TIME CLOCK MAINTENANCE Parks & Recreation Search Name SPRWS G 01 -2010 NOV 2011 SERVICE Search Name STANDARD INSURANCE G 01 -2071 E 01- 4131 - 020 -20 E 01- 4131 - 050 -50 E 01- 4131 - 070 -70 E 05 -4131- 105 -15 E 08- 4131- 000 -00 E 15 -4131- 060 -60 E 01 -4131- 110 -10 G 01 -2074 JAN 2012 TERM LIFE & ST DIS JAN 2012 TERM LIFE & ST DIS Police JAN 2012 TERM LIFE & ST DIS Road & Bridges JAN 2012 TERM LIFE & ST DIS Parks & Recreation JAN 2012 TERM LIFE & ST DIS Engineering Enterprise JAN 2012 TERM LIFE & ST DIS Spec Fds JAN 2012 TERM LIFE & ST DIS Utility Enterprise JAN 2012 TERM LIFE & ST DIS Administration JAN 2012 TERM LIFE & ST DIS Search Name STANDARD INSURANCE Search Name STENHAUG, JEFF G 01 -2010 PROTECTIVE GEAR - FIRE DE Search Name SULLIVAN, TERRY G 08 -2010 OCT - DEC 2011 MILEAGE Search Name TRIANGLE RUBBISH & RECYCLING G 01 -2010 NOV 2011 SERVICE Search Name TWIN CITY TACTICAL G 01 -2010 EQUIPMENT - PD Search Name U. S. BANK G 05 -2010 G 01 -2010 G 01 -2010 G 01 -2010 G 01 -2010 G 01 -2010 G 01 -2010 Search Name U. S. BANK Search Name UNIFORMS UNLIMITED G 01 -2010 G 01 -2010 G 01 -2010 G 01 -2010 G 01 -2010 79 EQUIPMENT REPAIR - ENG. FUEL - PD SUPPLIES - PD IT LITERATURE MEDICAL SUPPLIES - PD EMP. RELATIONS POSTAGE EQUIPMENT - PD CLOTHING - PD CLOTHING - PD CLOTHING - PD CLOTHING - PD $32.89 $32.90 $32.90 $98.69 $31.98 $1,434.08 $418.07 $249.74 $109.76 $92.63 $49.29 $35.47 $243.52 $1.90 $2,634.46 $399.00 $93.80 $53.10 $21.32 $160.67 $89.61 $84.09 $30.36 $903.00 $194.10 $11.30 $1,473.13 $64.11 $158.29 $100.25 $174.73 $137.64 Account CITY OF MENDOTA HEIGHTS Claims List 01/03/12PAY System Checks Comments DEPT Descr Amount 12/29/11 11:21 AM Page 9 Search Name UNIFORMS UNLIMITED $635.02 Search Name US POSTAL SERVICE E 15-4318-060-60 2012 POSTAL PERMIT Utility Enterprise $190.00 E 01-4268-650-10 2012 POSTAL PERMIT Administration $190.00 Search Name US POSTAL SERVICE $380.00 Search Name VITO MECHANICAL CONTRACTORS G 08-2010 HVAC REPAIRS - CITY HALL Search Name WEST ST. PAUL, CITY OF G 01-2010 FIELD TRIP COSTS ( $1,950.00 $130.90 $132,164.13 80 Item 7a CITY OF MENDOTA HEIGHTS MEMO DATE: January 3, 2012 TO: Mayor, City Council, and City Administrator FROM: Tamara Schutta, HR Coordinator SUBJECT: Employee Service Awards DISCUSSION Each year the City Council recognizes those employees who reach milestones in their service to the city at the first meeting of the year. At your January 3, 2012 meeting the City Council will recognize the following employees for their years of service. I Pam Deeb, City Receptionist Five Years Sharon Hinze, Utility Billing Clerk Five Years Sandra Ristine, Police Secretary Five Years Jake Sedlacek, Assistant to the City Administrator Five Years Mike Shepard, Police Officer Five Years Denise Ullnann, Police Officer Five Years Justin Fitzgerald, Fire Department Five Years Teresa Gangelhoff, Parks & Recreation Ten Years Jennifer Larrive, Police Officer Ten Years Jeffory Von Feldt, Police Officer Ten Years Chad Willson, Police Officer Ten Years Mary Bang, Fire Department Ten Years Richard Gapinski, Fire Department Ten Years Scott Henning, Fire Department Fifteen Years Robert Lambert, Police Officer Fifteen Years John Larrive, Police Officer Fifteen Years John Boland, Public Works Twenty Years Mario Reyes, Police Investigator Thirty Years 81 Terry Blum, Public Works Thirty Five Years George Noack, Public Works Thirty Five Years RECOMMEND ACTION Thank the employees who have reached these significant milestones in their employment with the city. ACTION REQUIRED If the city council agrees with staff recommendation, the mayor will present a letter, certificate and gift to each employee during the city council meeting. 82 MENDOTA HEIGHTS FIRE DEPARTMENT MEMO DATE: TO: FROM: SUBJECT: Item 7b December 29, 2011 Mayor, City Council and City Administrator John P. Maczko, Fire Chief Acknowledgement of Retired Firefighters and New Firefighters DISCUSSION: With the recognition of City Employees being an annual event for the first Council meeting of the year I also felt it was an opportunity to acknowledge persons who served our community well and have retired as well as for the community to meet new employees hired into the department. Retirements: Paul Kaiser Fire Marshal Paul Kaiser retired officially in August of 2011. Paul retired after serving 26 years as the Fire Marshal for the city. Being Fire Marshal, Paul was responsible for the enforcement of all fire codes and life safety codes in Mendota Heights as well as Lilydale and Mendota. Paul also served as our lead investigator in determining fire cause and origin. With Paul's expertise all commercial /educational building occupancies were visited annually and fire department pre- plan infoiination updated. Gathering the pre -plan information began as one of Paul's first duties when he came 26 years ago_ This information is particularly crucial for a paid on call department because it is not possible for our firefighters to personally tour every building. The pre -plan infoiination provides a snapshot of what our firefighters can expect in an emergency, where hazards exist and important numbers to call for resources in the case of an emergency. Roy Kinglsey Training officer Roy Kinglsey retired December 12, 2011. Roy joined the department in August of 1990 and was on the department for over 21 years. Roy served the department as a Captain for 11 years, then became the Assistant Training Officer, and in January of 2010 was appointed Training Officer. Roy also served the department as a fire investigator and fire prevention officer. Under Roy's direction our fire prevention program continued to grow not just in the city but countywide as Roy helped form the Dakota County Fire Prevention team that provides fire safety day at the County Fair every year. Roy also served on the Dakota County Fire Investigation Team as a charter member and served a five year commitment as a charter member of the Dakota County Special Operations Team. Roy did more than just belong to the department he helped lead it. Both Paul and Roy were dedicated to their profession and to serving the citizens of Mendota Heights, Lilydale Mendota and Sunfish Lake. 83 New Firefighters: As council remembers three new firefighters were appointed to the Mendota Heights Fire Department on November 15, 2011. Due to scheduling problems none of them were able to make the meeting so they are being presented tonight. The three new firefighters are: Kevin Gilbert Kevin lives on Keokuk Lane and is a long time Mendota Heights resident who recently moved back. Kevin works the afternoon shift for Capital Enforcement providing security and is available for daytime calls. Barry Sommervold Barry and his family live on Hampshire Drive. Barry is no stranger to firefighting as he spent several years on a volunteer department in South Dakota before moving away. He enjoyed it so much that when the opportunity arose here he couldn't pass it up. Barry works for Central Bank and is available nights and weekends Dan Willems Dan is a resident of Mendota Heights and lives on Decorah. He has been attending firefighter training through Hennepin Technical College on his own. Dan currently works for Green Tree Agency and is available primarily nights and weekends. ACTION REQUIRED: Formally recognize and thank Paul Kaiser for serving 26 years as the Fire Marshal. Formally recognize and thank Roy Kingsley for his 21 years as a Member of the Mendota Heights Fire Department. Foinially meet and recognize Kevin Gilbert, Barry Sommervold, and Dan Willems as new probationary firefighters to the Mendota Heights Fire Department. 84 CITY OF MENDOTA HEIGHTS MEMO Item 9a DATE: January 3, 2012 TO: Mayor, City Council and City Administrator FROM: Jake Sedlacek, Assistant to the City AdministratQT,S SUBJECT: 11 -33, Critical Area Permit, Janacek - ` — Discussion Staff met with Bob Janacek, who resides at1665 Lexington Avenue South the week of December 19, 2011 to discuss drainage on Mr. Janacek's property. Mr. Janacek experiences significant runoff from the hill on the south edge of his property. Mr. Janacek described work which was completed in 1996 to keep water from damaging the driveway and foundation of his home. Mr. Janacek is seeking permission to landscape and grade the parcel to divert water away from his home. The property is located within the Mississippi River Critical Corridor Area, and as such requires a permit for any work on the site. A planning application for a critical area permit was submitted on December 28, 2011 to clean out an existing drain tile and create a drain field just south of the driveway and garage on the lot. The typical process for a critical area permit includes a public hearing and planning commission review for any project regardless of scope. City Code does allow for an expedited process for minor projects: Mendota Heights City Code: 12 -3 -5 D. Modifications: In the case of a minor development and /or change involving a single - family dwelling, and if the site plans conform to the standards of the critical area overlay district, the city administrator shall bring the request to the attention of the city council at its next regular meeting following receipt of an application for critical area ordinance consideration. The city council shall review such request and may, If it so determines, exempt the applicant from complying with any inappropriate requirements of this chapter. (Ord. 387, 10 -7 -2003) Staff is bringing this application directly to city council for two reasons — the project is minor in scope, resulting in an improvement to drainage on the site. Additionally, the work is of an urgent nature — the soil conditions limit when the project can be completed to the winter months. Engineering staff have reviewed the project plans and are in support of the work. Mr. Janacek is also working with Dakota County to improve storm water handling within the Lexington Avenue right of way separately from this project. Recommendation Staff recommends the approval of a critical area permit to control storm water as outlined in the planning application, with the conditions and findings listed on the attached resolution. Council Action Required This matter requires a simple majority vote by the council. If the city council desires to implement the recommendation, pass a motion adopting A RESOLUTION APPROVING A CRITICAL AREA PERMIT FOR STORM WATER, making any revisions the council deems necessary. If council feels that the application requires full public hearing, pass a motion directing staff to add this item to the January 2012 planning commission meeting. 85 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2011 -90 A RESOLUTION APPROVING A CRITICAL AREA PERMIT FOR LANDSCAPING AT 1665 LEXINGTON AVENUE SOUTH. WHEREAS, Bob Janacek and Brenda Baar have applied for a critical area permit to complete landscaping to control runoff at 1665 Lexington Avenue South (PID 27- 03700 -09 -050, lot and block 9, PT OF BEAUDETT'S ADD & AUD SUB -DIV #2 COM 669.4 FT N OF SE COR LOT 9 AUD -SUB #2 N 68D 38M W 66.7 FT S 63D 59M W 77.5 FT S 54D 39M W TO PT OF INT WITH A LINE PARR TO & 10 FT SW OF NE LINE LOT 5 BEAUDETT'S ADD EXT NW ON LAST MENTIONED LINE TO NW LINE SAID L #5 NE ON NW LINE LOTS 5 TO 1 EXT TO E LINE L #9 S TO BEG, Auditors Subdivision No 2.) as proposed in planning case 2011 -33; and WHEREAS, the Mendota Heights City Code Title 12, Chapter 3 allows minor developments for single - family dwellings to be forwarded to city council without planning commission review; and WHEREAS, the city staff recognizes the planning application to be a minor development and/or change to a single family dwelling; and WHEREAS, staff recommends approval of the critical area permit as outlined in the planning application. NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council that a critical area permit as proposed in planning case 2011 -33 is hereby approved with the following findings of fact: 1. The proposed landscaping will have no visual impact on the river. 2. The property has no steep slopes that would be affected by the structure. 3. The property is not in proximity to any bluffline. 4. The project will improve site grading and erosion control. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the approval is subject to the following conditions: 1. Compliance with the city's Land Disturbance Guidance Document. 2. Applicant continues working with the city engineer regarding project implementation including obtaining a grading permit, and disposal of soil removed. Adopted by the City Council of the City of Mendota Heights this third day of January 2012. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach Mayor 86 ATTEST Sandie Thone City Clerk 87 en City of ota eights APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Case No. Date of Application Fee Paid --- Applicant Name: ,,o-ne-c-e-ic 6e9ier Z. PH:7- ,7,7 -0 /X 7 (Last) (First) (M) E-Mail Address: Address: /a c S. Le..?r,-4t-011 eve /101/ J37/$1-3‘07 (Number & Street) (City) (State) (Zip) Owner Name: 0.-a_r (Last) (First) (M) Address: /,5-- 5, j4e-c (Number & Stree) (City) (State) (Zip) Street Location of Property in Question:/6,65-5, Lex,:/36,,, nve Legal Description & PIN of Property: (Complete Legal from Title or Deed must be provided) vi e te Type of Request: Rezoning Conditional Use Permit Conditional User Permit for P.U.D. Preliminary/Final Plat Approval Comprehensive Plan Amendment Applicable City Ordinance Number t2, Present Zoning of Property 2-k Present Use c.f Proposed Zoning of Property ia-t Proposed Use SC I hereby declare that all statements made in this request and on the additional material are true. I further authorize City Officials and agents to insp he above property during daylight hours. Variance Subdivision Approval Wetlands Permit )( Critical Area Permit Other (attach explanation) Section tarens,_ _3 Date Received 88 of Applicant (Sig firtiare of Owner) 1101 Victoria Curve . Mendota Heights, MN 55118. (651) 452-1850. FAX wvvw.mendota-heights.com .152-8940 NOTES: CRITICAL AREA PERMIT, DECEMBER 2011 1665 S. Lexington Ave. PROBLEM: Starting in 1992 water began draining into the area immediately South of my driveway which I believe was due to some construction South of my property changing the course of water from the springs in the hill. Previously for five years prior to 1992 I did NOT have any water problems in this area. This water is now freezing and cracking my concrete driveway and garage floor. In 1996 I installed a drain field in this area and it worked well until this last year when I noticed wet areas South of my driveway again. I had a drain cleaning company jet the drain field and this helped, however, I don't think they were able to get to the starting point of the drain field. Currently I have wet areas where the water is not entering the drain field. This hill is composed of mostly a blue like clay which I believe has restricted the drain field. This material also has eroded down to the area above the drain field. When the drain field was installed the hill was pushed back and crushed rock was above the drain field. SOLUTION: I propose to remove and re- locate the clay from above the drain field (approximately 15 -20 yards) and also create a grade of 1 to 12 pitch from the driveway into a swale at the lowest point of the hill to catch the water and direct it into the drain field. Also, I am hoping to locate the beginning point of the drain field and install a cleanout to enable the drain cleaning company to jet it from the starting point instead of going backwards from the exit. We will then install rip -rap at the lowest point and then 2 % inch coarse rock and then % inch trap rock making it level with the driveway. . This is an emergency situation because when 1 had initially installed the drain field the ground was so wet and slippery their equipment got stuck and we had to wait until the ground froze to complete the project. The springs in this hill drain water all winter and a portion of it runs down the storm sewer into a culvert under my driveway where the driveway connects to Lexington Ave, however, the balance of this water ends up on my property and I believe this solution will direct it into the drain field on my property. Also, if the erosion continues after the above is finished, I may have to install a retaining wall into the hill to correct the erosion problem. I have attached a picture with a red line showing the proposed area of change and also a map with a red line showing this change. I have also enclosed my permit application to Dakota County for the area along Lexington Ave to the North of my driveway for your information only as I believe NO permits would be required from Mendota Heights. 89 90 91 92 Notify Gopher State One Call 651.454.0002 48 hours before digging_ DAKOTA COUNTY TRANSPORTATION Permits Office 14955 Galaxie Avenue Apple Valley, MN. 55124-8579 Phone: 952.891.7115 Fax: 952.891.7127 highwaypermits@co.dakota.mn.us Permit Nol. (Count' to provide) Permit Fee: $75.00 v tjer )1 LANDSCAPING AND DRIVEWAY MAINTENANCE PERMIT 1. The Permit Office shall be notified at least 48 hours in advance of the actual start of work in the right of way. The completed project must be final inspected within 5 working days or a delay penalty may apply. Permit Office phorie.number: 952.891.7115. 2. The contractor must be registered and have a certificate of insurance on file with Dakota CpuntY. 3. If the work needs to be done in the roadway, a traffic control plan must be included with this request- 4. Prior approval must be Obtained before any major deviations from the permit are allowed. Application is hereby made for permission to landscape along or replace a driveway within the right of wa on County Highway No. 113 from /71tV/v /3 to Or//eco7/.4 5. Ley.,3)9/24n accordance with a sketch Section Range Township Brief Description of Work: us f b p_c„ k 5 04.,- 5 4.- ...) 1 I re) 0 IC ca,, ...,, 5/le -b reve, t- .,-;-, c4.141), ) +.picr ,—, d //14.- rove_ el/1,41,45 e. /.:;1 121 eet-ft. A baty,-.., -i - L Work to start on 5(&/.1,7 aohz and be Completed by ,5c,f "kis s 1 er- 01-0 / A 1 II. The applicant in carrying Out any and all of the work mentioned or referred to in its application ani:lin the Permit issued here, shall Strictly conform to the terms of the Permit the Special Provisions, and tile regulations in the Dakota,County Right of Way Ordinance, all of which are made a part of this P4mit. The applicant agrees to be bound by all of the terms of this Permit. The applicant shall comply with the regUlations of all other government agencies for the protection of the public as they apply to the work performed. The work shall be accomplished in a manner that will not be detrimental to the highway and that will safegdard the i aoll 4 I 0,,,e, :- &A. s._„ece k" , day of ■Oe-cciwier , 2-0 . / Work being done for (owner); 1 attached with this application. The project is located in town or city of 71 L ge,-1 /it public. Dated this /7 aob tocfriece.k Contact Name /66 4-ve /ct, hieli hi-35 /Abf/ Address ‘S-t- 17 -d /5. 2 Telephone Number Own er' Contractor name Contact Name Address Telephone Number: 37- ‘4,71- 0/0-'7 Cell Phone Number: 4/70 - 741-57 Name and phone of person in charge of construction if other: Applicant's signature: Date: /01/010 / zi A COPY OF THIS PERMIT IS REQU D TO BE ON THE JOBSITE AND IS NOT VALID UNTIL IT IS APPROVED & SIGNED. DAKOTA COUNTY TRANSPORTATION DEPARTMENT PERMIT FOR LANDSCAPING AND DRIVEWAY MAINTENANCE = In accordance with the application herein, a Permit for work in the County Highway Right of Way is granted to +�� - °�' 0nCountyHighvvayNo. 7/ 3 in the |noubonshown nnu, . -�»���r~7� which is a part of said application, or in such location as may be specified by the County Transportation Department in the Special Provisions hereof. __� �p --` //m� �� u'L - �/J� ��� ra f��/y� �'en/~ 8heJgeeohpbonof�ork' [,w/ /'°~~'- u7ox��� �,vu/�/' �/^ ='""�� .'~^^ ' ' ' ^ �u^� ��'` e /�f� a=�a m��^ xwwJl^ ��r»��� ~^ / =^� =~� . . SPECIAL PROVISIONS: / ~ 1. Prior to removal of any exisUnQ0urtaUnecessary Erosion Control DmjcenohoUbein place. Wherever psvv and/or sod are disturbed they shall be replaced within a maxim um of SEVEN days or i nuanc with 'the NPDES permit if applicable, and maintained satisfactorily until the new turf is established. In addi ion, all work shaU be in compliance nce with local, state and federal regulationS. 2. All landscaping work, such as excavating, planting, backfilling, topsoil, seeding, sod, etc., shall be done in accordance with the County Standard SpecificatiOns. 3. No excavation work within the traveled portion of the roadway is allowed under this permit. 4 }fitappe�rsthat�hispn�eotviU require the obstrunUonof the traveled porbonof the roadway jhepermK1eemust ' submit a traffic management plan plan a lbng with the permit applicatiOn. This plan should incorporate whateer signs and/or flagmen the Contractor will be required to utilize and the ContractOr'S proposed work operation a it affects dmt least 24 hours in advance of any ««orkinthe-rnag««ay' tra�contheCounh/Road'ThisP\e»mup�bemPPro«eMOOmm tn8.3Oem andhom3'3Dpmio0�}0Pm No lane dosureoare penniMedduhngrush hour Umeknm: 6:00 am. ' 8:30 a.m. ' i ion Hastings, Inver Grove without phorapproval in the fbUovxingni�na: Apple VaUey.Burnm�Ue.Eagan, rannnQna`a*sux�a,t3t.aui Heights, Lahe�Uo.KAendoto.k8endotoHeigh�..Rnsemoun� South StPaul, SunnsnLu^e //u".== .. . 6. �heCountyahaUinnovvaybereoponsib|efordamaQootooniniga�onsystemfnomihigUw maintenance ' ouse ThooppUcantagreosnottoopenatethespnnmngnyste///vu''y."o°~ d oign�n0onU»ibesoranY other r« cause. ice dibnnnon�henoodwmynoroidovva|ksand»«iUsboPen he�dngnondiUonswhennversphaymmu|dcaus� oocon sprinkling when pedestrian activity is present. Other Requirements: APPROVED BY: Dakota County Transportation Dept. Date Permit No. Surety Bond No. Bank or Bonding Co. Certificate of insurance 3 93 1 • 94 .77 5 q. 3 DATE: TO: FROM: SUBJECT: CITY OF MENDOTA HEIGHTS IMMO Item 9b January 3, 2012 Mayor, City Council, and City Administrator Sandie Thone, City Clerk q)'71.---- Appointment of Acting Mayor SUMMARY Minnesota State Statute 412.121 requires the city to appoint an acting mayor at the first city council meeting of each year. The acting mayor shall perform the duties of the mayor during the disability or absence of the mayor from the city or in event of vacancy in the office of the mayor, until such time a successor has been appointed. DISCUSSION The acting mayor is selected at the will of the city council with no established pattern. The past five years the acting mayor position for the City of Mendota Heights has been held by the following councilmeinbers: 2011: 2010: 2009: 2008: 2007: Jack Vitelli Jack Vitelli Mary Jeanne Schneeman Ultan Duggan Sandra Krebsbach RECOMMENDED ACTION Mayor Krebsbach is recommending Councilmember Vitelli be appointed Acting Mayor for the year 2012. ACTION REQUIRED If city council concurs, a motion should be made to appoint Councilmember Vitelli as acting mayor for 2012. A simple majority vote is required. 95 i Item 9c CITY OF MENDOTA HEIGHTS DATE: January 3, 2012 TO: Mayor, City Council and City Administrator FROM: John R. Mazzitello, PE, PMP, Public Works Director /City Enginee Ryan Ruzek, PE, Assistant City Engineer .0 Michael Albers, PE, Civil Engineer I SUBJECT: Approval of the 2012 -2016 Sanitary Sewer Improvement and Maintenance Plan Discussion The city council approved a sanitary sewer maintenance policy, which outlined the City of Mendota Heights procedures for maintaining its sanitary sewer system. Using the sanitary sewer maintenance policy, city staff has developed a city -wide 5 -year Sanitary Sewer Improvement and Maintenance Plan (SSIMP) to identify future sanitary sewer rehabilitation projects and annual maintenance projects. The improvement projects outlined in the SSIMP are designed to meet the city's infrastructure needs, and provide a safe environment for the community. The SSIMP provides policy makers and the community with a strategic approach to the implementation and administration of sanitary sewer improvement projects. Decisions about improving the city's infrastructure must be made not only on the basis of need, but also on the availability of resources and the long -term impact on the community. The SSIMP identifies the city's infrastructure, development objectives and allocation of financial resources. The 2012 -2016 SSIMP is a planning tool and a budgeting tool to help city policy makers plan for the use of financial and personnel resources. The 2012 -2016 SSIMP identifies future sanitary sewer rehabilitation projects, and preventative maintenance projects such as cleaning and televising sanitary sewer lines, visual inspection of manholes, annual inspection and maintenance of lift stations, and site specific root cutting. Prices listed in the SSIMP are in 2011 dollars, and will likely be adjusted as each project is designed, bid, and constructed; however, the figures in the SSIMP provide a basis for decision making based on these estimates. Recommendation Staff recommends that the council approve the Sanitary Sewer Improvement and Maintenance Plan as presented. Action Required If council desires to implement the Staff recommendation pertaining to the Sanitary Sewer Improvement and Maintenance Plan, pass a motion stating such by a simple majority vote. 96 I 1 January 3, 2012 To the Honorable Mayor and City Council Members: The purpose of the Sanitary Sewer Improvement and Maintenance Plan (SSIMP) is to provide a long range forecast of sanitary sewer improvement and maintenance activities to meet the needs of our community. The SSIMP provides policy makers and the community with a strategic approach to the implementation and administration of improvement and maintenance projects. Decisions about improving the city's infrastructure must be made not only on the basis of need, but also on the basis of availability of resources, and the long -term impact on the community. The SSIMP identifies the city's infrastructure, development objectives and allocation of financial resources. The 2012 -2016 SSIMP represents an excellent planning tool and provides for approximately $2 million of infrastructure improvements and maintenance during the next five years. While the improvements in the proposed SSIMP are not "written in stone" they do provide a framework for allocating personnel and finances. The total project costs used in the SSIMP are rough estimates using 2011 dollar amounts, which will be refined during the budget, feasibility study and bidding process. In addition, the SSIMP will be presented to the Mendota Heights City Council for annual review and approval. The improvement projects outlined in the SSIMP are designed to meet the city's infrastructure needs and provide a safe environment for the community. Respectfully submitted, John R. Mazzitello, PE, PMP Public Works Director /City Engineer 97 Certification I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Ryai E. Ruzek, PE Reg. No. 44990 TiAlsk Um_ Michael J. Albers, PE Reg. No. 47074 Quality Control Review By: 98 John R. Mazzitel o, PE, PMP Reg. No. 44254 12/29//2011 Date 12/29//2011 Date 12/29//2011 Date Table of Contents OVERVIEW OF SANITARY SEWER SYSTEM 1 Sanitary Sewer Collection System 1 Individual Sewage Treatment Systems (ISTS) 1 Individual Service Connections 2 Sanitary sewer system regulations, ordinances and management practices 2 Existing system issues 2 Inflow and Infiltration 3 SSIMP OVERVIEW 4 Sanitary Sewer Improvement and Maintenance Plan (SSIMP) 4 SSIMP Goals 4 Project Details 4 Preventative Maintenance 4 Cleaning and Televising 4 Sanitary Sewer Rehabilitation 5 Project Financing 6 Municipal State Aid (MSA) Fund 6 Sanitary Sewer Utility Fund 6 Storm Water Utility Fund 6 Water Revenue Fund 6 Special Assessments 6 City Funding (Municipal Bond Sales) 6 Sanitary Sewer Facilities 7 Maps Sanitary Sewer Cleaning and Televising Maintenance Plan Summary of Project Costs and Funding Sources Sanitary Sewer Utility Fund Summary Improvement Projects 99 OVERVIEW OF SANITARY SEWER SYSTEM Sanitary Sewer Collection System The City of Mendota Heights sanitary sewer collection system is available to the majority of existing land uses. Almost 100 percent of Mendota Heights current population is connected to the sanitary sewer collection system with the exception of a limited number of scattered sites that still utilize Individual Sewage Treatment Systems (private, on -site septic systems). Wastewater from the City of Mendota Heights is collected and conveyed to the wastewater treatment plant through a network of over 73.1 miles of gravity sewers, 1.3 miles of pressure sewer (forcemain), 1906 sanitary manholes and 6 lift stations. The City of Mendota Heights is completely within the Metropolitan Urban Service Area (MUSA). The sanitary sewage system in Mendota Heights was developed based upon the Sanitary Sewer System Master Plan dated March 28, 1966. In 1972, the Sanitary Sewer Master Plan was approved by the Metropolitan Council and Metropolitan Sewer Board (now the Metropolitan Waste Control Commission). The City of Mendota Heights is serviced by the Metropolitan Waste Water system. Waste water flows via a Metropolitan sewer interceptor from Mendota Heights to the Metro Plant, which is located along the Mississippi River. The sanitary sewerage collection system in Mendota Heights is a tributary to the Metropolitan Waste Control Commission System. The majority of the Mendota Heights system flows into an interceptor connection, which crosses under the Mississippi River near the Interstate 35E Bridge to the West Seventh Street interceptor and ultimately to the treatment plant at Pig's Eye Island. A portion of the northeastern part of the City flows directly into the St. Paul system at Chippewa Avenue and Annapolis Street. Individual Sewage Treatment Systems (ISTS) Approximately 60 Individual Sewage Treatment Systems (ISTS) are still utilized in Mendota Heights. The largest concentrations of on -site septic systems are in the Somerset neighborhood located in the east central part of the City, adjacent to the City of West St. Paul and the Olivia T. Dodge Nature Center. City Code (10 -3 -3: Individual Sewage Treatment Systems) outlines management practices for properties served by an Individual Sewer Treatment System (ISTS): ® The system must be pumped /inspected at least once every three years. ® The Pumping /Inspection must be performed by a person with a current MPCA sewage contractor license. ® The licensed contract is responsible for filing a septic maintenance log with Dakota County. ® Upon verification of required maintenance, the City shall issue a statement of compliance in letter form, permitting three additional years of operation. ® The City will notify the owner of an ISTS no later than two months before permit expiration. Page 1 100 Individual Service Connections The City of Mendota Heights is not responsible for the cleaning, maintaining, or repairing individual service connections from their building up to and including the connection to the sanitary sewer main; the property owner bears the responsibility. Sanitary sewer system regulations, ordinances and management practices The City of Mendota Heights has adopted a number of practices that are aimed at protecting the quality of water resources within Mendota Heights and the integrity of the sanitary sewer system. These practices are crucial to the future performance and investment required by the utility system because they represent the manner in which this and previous sanitary sewer plans are implemented. 9 The sanitary sewer ordinance prescribes the design and manner in which individual connections and use of public sewers are to be made. To limit the amount of inflow into the sanitary sewer system, the ordinance prohibits the flows of storm water, ground water, roof runoff, surface water, unpolluted drainage, unpolluted industrial cooling water, or unpolluted industrial process water into any public sanitary sewer. o The city zoning regulations determine the specific use and development intensity of individual parcels in the community. o The city subdivision ordinance requires that properties to be developed be served by the municipal sanitary sewer system, and that, all new sanitary sewers must be constructed according to plans approved by the City Engineer. ® The construction of the municipal and MCES sanitary sewer systems and their on -going operations are financed by: Service Availability Charges (SAC), assessments to properties, and by customer charges that are paid on a regular basis. • The City of Mendota Heights has updated its on -site septic system ordinance to comply with recent Minnesota Pollution Control Agency (MPCA) requirements. ® The Mendota Heights Public Works Department Utilities Division is responsible for all maintenance activities associated with the sanitary sewer system. Existing system issues Basic problems that can affect the operation of a sewer collection system include infiltration, inflow, and blockages. It is important that infiltration and inflow flows be kept to a minimum to maintain pipe capacity and preserve treatment plant capacity. The most common sources of sewer blockages are tree root obstructions and the possibility of solids settling out and collecting within the sanitary sewer collection system as a result of sewer lines flowing at less than design capacity. Page 2 101 Inflow and Infiltration The condition of sanitary sewer systems can greatly impact total sewage flow. Inflow and Infiltration (I /I) are terms for the ways that clear water (rain and groundwater) makes its way into sanitary sewer pipes. Infiltration occurs when groundwater seeps into sewer pipes through cracks, leaky joints or deteriorated manholes. Inflow is a direct connection that allows rainwater to enter the sewer system through roof leaders, basement sump pumps, or foundation drains illegally connected to the system. I/I are of great concern as it results in the unnecessary treatment of water and consumes capacity in the large regional sewer pipes. I/I can also contribute to sewer backups into homes and overflows into local lakes and rivers. In order to minimize I/I, the City of Mendota Heights prohibits the connection of sump pumps, rain leaders and passive drain tile into the sanitary sewer system. The current I/I goal for the City of Mendota Heights is an allowable peak hourly flow of 4.83 MGD with an adjusted average of 1.67 MGD. The Metropolitan Council's metering program shows that the total annual flow contributed to the MCES sanitary sewer has been in decline over the past several years. This decline can be directly attributed to the City of Mendota Heights' efforts to reduce I/I contributions to the system. Notwithstanding exceeding our I/I goal, the City of Mendota Heights continues to seek opportunities to reduce clear water flow into the sanitary sewer system. Page 3 102 SSIMP OVERVIEW Sanitary Sewer Improvement and Maintenance Plan ( SSIMP) The Sanitary Sewer Improvement and Maintenance Plan (SSIMP) is a planning tool that forecasts the city's needs over a five year period based on city- adopted long -range plans, goals and policies. The SSIMP includes detailed descriptions of sanitary sewer improvement projects and maintenance projects the city anticipates to initiate during the five -year period. The SSIMP is updated annually to ensure consistency and the reflection of changing demands and financial resources. SSIMP Goals The goals of the SIP are to: o Provide a balanced program for sanitary sewer improvements given anticipated funding revenues over a five -year planning period. o Enable the Mendota Heights City Council to evaluate the needs of the entire city objectively. o Anticipate needed sanitary sewer improvements in advance, rather than being overlooked until critically needed. o Provide a plan for sanitary sewer improvements that can be used in preparing the budget for the coming fiscal year. Project Details The sanitary sewer improvement projects being reported in the SSIMP will be shown within the following sections: o Preventative Maintenance o Sanitary Sewer Rehabilitation Preventative Maintenance Preventative maintenance includes activities such as cleaning and televising sanitary sewer lines, visual inspection of manholes, annual inspection and maintenance of lift stations, and root cutting in the main lines. Sanitary sewer maintenance and activities are funded through the Sanitary Sewer Utility Fund. Cleaning and Televising In 2006, the City of Mendota Heights started a cleaning and televising program with the goal of cleaning and televising the entire sanitary sewer system in a 5 year period. Currently, Public Works Staff along with one seasonal employee clean approximately 7 -10 miles of pipe per year. In addition, the city hires a contractor each year to clean an additional 7 -8 miles of pipe and televise all of the pipes that are cleaned that year. At our current rate, we are cleaning and televising the entire sanitary sewer system every 5 -6 years. Page 4 103 Sanitary sewer pipes are cleaned and televised to identify problem areas, including leaking joints, collapsed sections of pipe and excessive root intrusion through cracks and joints. Excessive root intrusion can cause plugging, which can lead to sewage backups into basements. Through routine televising and maintenance logs, Public Works staff have identified and prioritized those sections of sewers that require disproportionate maintenance to remain functional or have a history of excessive root intrusion. The SSIMP was then developed to address these problem areas using a variety of rehabilitation techniques, including: conventional excavation and pipe replacement; pipe lining with cured -in -place pipe (CIPP). CIPP installation involves inverting an epoxy saturated fiber lining into a sewer line using water pressure and causing the epoxy to cure by heating the water. Services and lateral connections are opened after the pipe has cured using a camera and robotic cutter. This process results in a continuous, joint free, structural liner that can be installed with minimal disruption to adjacent residents and traffic, and requires no excavation or street reconstruction. Sanitary Sewer Rehabilitation A sanitary sewer rehabilitation project will be defined as a project in which the sanitary sewer is modified or supplemented in- place, to restore the serviceability of the existing sanitary sewer system. The City of Mendota Heights maintains approximately 74.4 miles of sanitary sewer pipe. As the sanitary sewer infrastructure ages, it requires rehabilitation to protect or extend its useful life. If the sanitary sewer infrastructure is not preserved, it will deteriorate prematurely and its benefit to the community will be lost. As a result, the SSIMP reflects the broad direction of the City Council to preserve existing sanitary sewer infrastructure before they fall into such disrepair that expensive reconstruction is required. Typically, the City of Mendota Heights completes one sanitary sewer lining project a year and additional sanitary sewer rehabilitation projects as needed. Reconstruction projects are identified and planned as part of the Street Improvement Plan (SIP) as sanitary sewer reconstruction often involves removal of the road surface for utility access. Sanitary sewer reconstruction projects that do not impact streets are identified in this plan. Page 5 104 Project Financing The 2012 -2016 Sanitary Sewer Improvement and Maintenance Plan which is detailed on the following pages is financed from the Sanitary Sewer Utility Fund; however, a variety of funding sources are available for non- sanitary sewer project costs. The purpose of this section is to describe and analyze these sources, in as much detail as possible, so that the users of this SSIMP can be certain that the program as outlined can be financed from available funding sources. Municipal State Aid (MSA) Fund The Minnesota Department of Transportation (MnDOT) provides funding assistance for improvements to those municipal streets which are designated as part of its MSA system. The City of Mendota Heights receives an annual allotment from the State of Minnesota Municipal State Aid Street Construction Account. Sanitary Sewer Utility Fund This fund receives revenue from the utility billing for sanitary sewer. It also is responsible for any expenses relating to the sanitary sewer system. Storm Water Utility Fund This fund receives revenue from the utility billings and is responsible for the expenses related to maintaining the city's storm water system. Water Revenue Fund This fund accumulates the water surcharges the city receives from St Paul Regional Water Services. These funds are used for any city expenses that are incurred relating to the city's water system and water tower. Special Assessments The City of Mendota Heights Street Rehabilitation and Reconstruction Assessment Policy approved in June 1992 states that the city will be responsible for financing up to 50% of street reconstruction and rehabilitation projects with the property owner being assessed for the remaining. City Funding (Municipal Bond Sales) Since it often takes several years for the city to collect special assessments, the city typically issues bonds for the remaining improvement costs for cash flow purposes. The bond payments relating to street improvement projects are then levied. If there are project costs relating to the above mentioned funds, the amount of bonds to be issued can be reduced by funds received from any of those funds. Page 6 105 Sanitary Sewer Facilities Improvements totaling approximately $2 million are planned for in the 2012 -2016 SSIMP. Highlights of the planned projects are as follows: Preventative Maintenance Projects: Annual Sanitary Sewer Cleaning and Televising Sanitary Sewer Rehabilitation Projects: Annual Sanitary Sewer Lining 2013: Lift Station Rehabilitation: Veronica Lane 2014: Lift Station Rehabilitation: Mendota Heights Road and Northland Drive 2015: 816 Ridge Place Sanitary Sewer Rehabilitation TBD: Mendota Heights Road Forcemain Replacement 106 Page 7 ■ Sanitary Sewer Improvement & Maintenance Plan 2012 -2016 Sanitary Sewer Cleaning and Televising Maintenance Plan December 29, 2011 Legend Cleaning and Televising 2012 - 2013 - 2014 2015 2016 - 2017 t City of Mendota Heights SCALE IN FEET OUSSTW... B 5g a g d o�A q� vfa o o co U /�,/ //1♦ pd o.,,000°. slRx�St'9�"bbona�u .'< 3',�DOwbdILROO+. oe ° ti ♦ ��J � p 0:00 �O /}Q'� ,p VF PD O O.. O + � O'. r` °'ter flt0. o '� �•p • '�"` •kM flier os v.. 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P y ..u.. ....:rte cpy O OP iS• ( /1 QPobY�4J e�[y� Ys 9,' 111 , , NE➢ILLdi I' �i•4p�'r yJ7' �2 9 4 rn � 107 SANITARY SEWER IMPROVEMENT & MAINTENANCE PLAN 2012-2016 gozo, fite 441 A A. 2igaluX,g;WPRVEG64.4r CITY OF MENDOTA HEIGHTS SUMMARY OF PROJECT COSTS AND FUNDING SOURCES 194140NRONEMSESSZEREAMIE TOPA M.20.0ifial, 0§2.01ORS qi-gf0f021, alt0(1%5M: NEZOICIA MilliiitREN Annual Sanitary Sewer Cleaning and Televising 401 $54,000 $62,000 $56,000 $54,000 $72,000 $298,000 Annual Sanitary Sewer Lining 402 $84,000 $110,000 $79,000 $79,000 $79,000 $431,000 Lift Station Rehabilitation 403 $0 $250,000 $281,000 $0 . $0 $531,000 816 Ridge Place Sanitary Sewer Rehabilitation 404 $0 $0 $0 $315,000 $0 $315,000 Mendota Heights Road Forcemain Replacement 405 $0 $0 $0 $0 $0 nnn $0 cti. e-re nnn Total t::060•04-saigivagatamansemings moolivot wil2. 71. :gi..,.51 gail' :71.4.NM NEWISSR N-520103§10:0001104 Municipal Bond Sales $0 $0 $0 $0 $0 ' $0 Municipal State Aid Fund $0 $0 $0 $0 $0 $0 Other Government Unit Funding $0 $0 $0 $0 $0 $0 Sanitary Sewer Utility Fund $138,000 $422,000 $416,000 $448,000 $151,000 $1,575,000 Special Assessments $0 $0 $0 $0 $0 $0 Storm Water Utility Fund $0 $0 $0 $0 $0 $0 Water Revenue Fund _ . _ _ _ _ $0 ....._ ........ $0 ...... -. ,...,,, $0 . . e.. A CV Ann $0 th A e 4 nnn 80 t4 C7C (MA Total 108 ) SANITARY SEWER IMPROVEMENT & MAINTENANCE PLAN 2012-2016 CITY OFMENDOTAHEIGHTS SANITARY SEWER UTILITY FUND SUMMARY Available Balance (12/21/2011) $564906 Anticipated 2011 Fourth Quarter Revenue $300000 Anticipated 2011 Expenditures -$50.000 Total Available (i2/31/2O11) $804'905 Total Revenue , , p"" v+""-+~~ ~'~~-` . $804,905 $724,905 $447,605 $215,605 -$6,295 ~~~^~~~^`` ^ Sewer Revenue (1) $1,484500 %1.558J00 $1.836,600 $1J18,400 $1,804.300 Total Revenue , , p"" v+""-+~~ ~'~~-` . Total Expenditures Unreserved Cash Balance on12/31(4) , ,ovv w/.oao/ .""+.~~ ,.~--. $724,905 $447,605 $215,605 46295 $113,905 Note (1) Assumes oS96 yearly increase. (2) Assumes o396 yearly increase. (3) Assumes a2% yearly increase. (4) Does not include amounts for asset depreciation allocated annually. (5) Includes a one time fee of$50.UO0 for a portable generator in2O12. 109 Estimated Fees (2) $1,000,900 $1,030,900 $1,061,800 $1,093,700 �.�V�O �"�"~`~~ EoUma�dQ�0pomUnn�600� (3) $425,600 , $383,100 . $390,800 . $398,600 ' $406,600 Annual Sani /�SowarC|eaningondTn|nvioing 401 $54.00 0 $62,000 ' $56,000 ' $54,000 ' $72,000 . � Annua|SaniturySeworLioing 402 $84,000 . �i1OOUO . $79,000 . $79,000 ' $70,000 Lift Station Rehabilitation 403 $0 $250.000 $281.000 $0 $Q 816 Ridge Place Sanitary Sewer Rehabilitation 404 $0 $0 $0 $316.000 $O Mendota Heights Road Forcemain Replacement 405 __ _�O ___ $0 ^^,,,, $0 ^'" """ $O-tnn �^ u *i A$01nn Total Expenditures Unreserved Cash Balance on12/31(4) , ,ovv w/.oao/ .""+.~~ ,.~--. $724,905 $447,605 $215,605 46295 $113,905 Note (1) Assumes oS96 yearly increase. (2) Assumes o396 yearly increase. (3) Assumes a2% yearly increase. (4) Does not include amounts for asset depreciation allocated annually. (5) Includes a one time fee of$50.UO0 for a portable generator in2O12. 109 ����������0��U[� �[������%��T���A�����UA�����2016 _~""""""....~.-...-..........~..-...^--' _-'''_''__ - _-��� CITY OFMENDOTAHEIGHTS PROJECT NAME: Annual Sanitary Sewe Cleaning and Televising PROJECT #: 401 TOTAL COST $298,000 PROJECT TYPE: Sanitary Sewer PM Project Description Each year, staif will determine the sanitary sewer that can be cleaned and televised within the allotted budget based upon curren estimated project costs. The areas tentatively planned for cleaning and televising are shown on the sanitary sewer cleaning and televising map. Project Justification Our sanitary sewe system is aging. Many of our pipe are 60 years old and will soon be in need of repair. Cleaning our sewer system on a regular cycle will hep extend the life of the pipes. Televising of the system will show where immediate repairs are needed. Project History aintains 73.1 miles of sanitary sewer pipe |n2OOG the City of Mendota Heights started a The City of Mendota Heights ,��"/""�"��l�vn��nrnn,nm��hthe000iofdeen�oUmenUnauan�aryoevmr system mao year pe/�m. Currently, ~~~,^~~~~'-'"'--"� with the cleaning �' _ _ . . -'--- .-_,^-. ~�. p"u�m`�ppo"���nnvv�honese000na emo�veeu�anaappnoxknate�/-lum/macnp�opery�u� muuu/uu//.u.= Public ^`~^~--'--�= with one seasonal employee 7-8 of and te�v�eaUofd�ep�aoU�otarec�onedthat city eoohyearbodeenanadd0ona| miles pipe ' -~ ����r�����wma�d�ni��ae��a����w���m����years. Project Location Total ---'-------R': All SO* Planning/Design $4000 $4 000 $4 000 $4 000 $4000 $20.000 Construction/Maintenance $ |.D0U Q58.000 $52.080 $50.000 $68.000 $378.000 tr,fannnn Total Total 11 0 ---'-------R': All SO* Municipal �BondSaleo $O Municipal State e�Fund $0 Other Government Unit Fundng $0 Sanitary Sewer UUlitv Fund $54.000 $62.000 $56.000 $54.000 Q72.000 $298.000 - Speuia|Aaaesamenba $O Storm Water Utillty Fund $0 Water Revenue Fund -_- ___ ^_. — ._.newt tri~""° $O tlonnnn Total 11 0 SANIT��&������8��U&0� �����K����&A&�`��K���������� ARY ^�"��""�"^""^^^ �^�`�^�^�^`^ �^^~^^^'�~���� PLAN ��'� ��`� CITY OF MENDOTA HEIGHTS PROJECT NAME: Annual Sanitary Sewer Lini PROJECT #: 402 TOTAL COST: $431,000 PROJECT TYPE: San. Sewer Rehab Project Description Each year, staff will determine the sanitary sewer that can be lined within the allotted budget based upon current estimated projec costs. 2012: Lexington Avenue (Wagon Whe& Trail to Cuflen Avenue) 2013: Highway 13 (Suho|iff Circle ho Fremont Ave). FroemontAve 2014-2016: To Be Determined based on previous cleaning and televising reports Project Justification Our sanitary sewer system is aging. Many of our pipes are 60 years old and wiH soon be in need of repair. Cleaning our sewer system on a regular cycle wiH help extend the Iife of the pipes. Te!evising of the system wili show Wilere immediate repairs are needed. Lining pipes and manholes in need of repair wifl extend the Iife of our system. Project History Project Location Total $84000 $110,000 $79,000 79,000 Planning/Design $4000 $5,000 $4,000 $4000 $4000 $21.000 Construction/Maintenance $80,000 $105,000 $75,000 $75,000 $75,000 $410,000 Total $84000 $110,000 $79,000 79,000 Total ) $84,000 $118/000 79,000 79,000 1 11 Municipal Bond Sales $0 Municipal State Aid Fund $u Other Government Unit Funding $u Sanitary Sewer Utility Fund $84.000 $110.000 $70.000 $79.000 $70.000 $431.000 Special Assessments $0 Storm Water Utility Fund $O Water Revenue Fund $0 Total ) $84,000 $118/000 79,000 79,000 1 11 SAN.�ARY SEWER IMPROVEMENT _-�NTE—AN-_ P-A 2012-2016 C�Y0FMENDOT8HBGHT3 PROJECT NAME: U�S�hnnRehabUbadun PROJECT #: 403 TOTAL COST $531,000 PROJECT TYPE: San. Sewer Rehab Project Description Project Location Rehob|�aUonof the Gan�orySewer L�8toUono�oud�gbu not |hnhedtointer�r wet well n*pa�dn�npiperep�cemant and standardized electrical controls. 2O13: Veronica Lane Li�Stedon 2014: Mendota Heights Road (Add a NewValve) 2O14:Nodh|und Drive Lift GbyUon Project Justification These projects are necessary to keep the pump ebaUonasda�gh |���ae��Pum�.m��a��eequipme����be per�d�akmaintained in order huennununinternpbad8emice. These improvements will lower noou�.increase pump�g eff��ncyand prov�erodundanc� Project History 0110I011016030MERMEIN - gra Municipal �BondSolea -------n g $0 Municipal State Aid Fund $0 Total 112 Municipal �BondSolea $0 Municipal State Aid Fund $0 Other Government Unit Funding *" Sanitary Sewer Ud|dxFund Utility Q250.000 $281.000 $531.000 Spacia|Aaeeoamenta $U Storm Water Utility Furid $O Water Revenue Fund - _ --- --- ' --- .. ^" $O (C=q^onv Total 112 �������«��0��V01�����N�0���8�K���8�K~�P0A0201�2016 ��°"""".~" ...�...�..^.... ..�.����' & �'''�' �� CITY OFMENDOTAHEIGHTS PROJECT NAME: 816 Ridge Place Sanitary Sewer Rehabilitation PROJECT #: 404 TOTAL COST: *316,000 PROJECT TYPE: San. Sewer Rehab Project Description This sanitary sewer rehabilitation project was identified in the 2010 Sanitary Sewer Cleaning and Televising report The sanitary sewer manhole located at 816 Ridge Place has sunk approximately 1.5'. Proposed rehabilitation consist of replacing the manhole and approximately 2OOftof27" sanitary sewer pipe. Project Justification Rehabilftation of the Citys sanitary sewer system is necessary to keep these utiUty operating at a high level of service This sanitary sewer pipe serves approximately 40% of the city. Project History Project Location Total 1)U n Planning/Design $65000 $65,000 '---r ' Construction/Maintenance . ^- ~. $250,000 ^~~=""" *n $250.000 *vI Annn Total 1)U Total ( 113 Municipal Bond Saes $0 Municipal State Aid Fund $0 Other Government Unit Funding ~~ Sanitary Sewer Utihty Fund $315.000 $315.000 Special Assessments $O GhonnVV�erUtil�vFund �O ' VVaterRevenue Fund - ^- �. ^"~=""" tn �O *lisnon Total ( 113 �8&������0���UQ8�����y������8����*�A�K~�PU8��201�2016 ��°""""".� .~.�...�.....^. IMPROVEMENT ��'''�' �� WORMINSOMight CITY OFMENDOTAHEIGHTS PROJECT NAME: MendotoHeiohtsRoodFnmemuin Replacement PROJECT #: 405 TOTAL COST: $0 PROJECT TYPE: San. Sewer Rehab Project Description The forcemain on Mendota Heights Road (Pilot Knob Road to Highway 55) that pumps the sewage from the industrial par has had several breaks in the pas few year and will need to be replaced in the near future. Staif wiH continue to monitor the break frequency and coordinate replacement of the forcemain with street improvements. Estimated cost for sanitary forcemain replacement is $375,000 and does not including street replacement costs. Project Justification Eliminate emergency repairs and sewer spiUs. Project History The 'pn�ec ' for this project has yet to be determined due to staffs desire to continue to monitor the frequency of breaks. Project Location Total Municipal $0 ~r~~~'----- Municipal Aid State $o '~g~~~g^ Construction/Maintenance so Other Government Unit Funding 00 Total Total 114 Municipal $0 ~r~~~'----- Municipal Aid State so Other Government Unit Funding ~~ Utility Son�arySevvorUU}iv�und $0 Special Assessments 80 Storm Water Utuity Fund $O Water Revenue Fund _ ^_ .4% et an tn $O t» Total 114 Sanitary Sewer Improvement & Maintenance Plan 2012-2016 Sanitary Sewer and Televising Maintenance Plan December 29, 2011 0 2,500 r 11111111111111111,-ks SCALE IN FEET City of Mendota Heights Legend Cleaning and Televising 2012 2013 2014 2015 2016 - 2017 IRE IN IEPSCN AYE C' o>' 1ZBEY"' g 1, AI, u or—. I ■ °---s— -7 1 i Tlil 0 O, J\ 2, J\ ..% u., . 5 i, I, 80 Ru° e ' 0 . . , TIBIPT 14,0,°,7,,,,ve or . • T ip 4 nou do 0 0 0 ., d WPSLEY TN t '""718PRTT ''■.q3 air-"g — cp. 4,, PPEPWATRON. 0. gh v 1 0-8 ,T. sV FREERny Re 0 % Ici 1. '9..* : . 'II :::01', P qc ,00TErol, 1 4 c.,8t.11-1 c' 4 s I .....il, . II [ AZI■p,,, ¢ :': 0 " } DATE: TO: FROM: SUBJECT: Minnesota Investment Fund Request Ife0 9d CITY OF IVIENDOTA HEIGHTS MEMO January 3, 2011 Mayor, City Councit and City Administrator Jake Sedlacek, Assistant to the City Administrator Background Staff was recently approached by Jo& Akason of Greater MSP regarding a local business seeking to expand operations to a second Iocation. The business is looking to purchase property Iocated at 1415 Mendota Heights Road. Unlike the previous informational memo to councit, this matter is being placed on the council agenda as Mr. Akason is requesting specific action from the city. The company is locally owned and has been located in Dakota County for 20 years. The business intends to move 50 corporate marketing, administrative, information technology and equipment maintenance positions to Mendota Heights. The company expects 20-30 additional professiorial jobs over the next three years. The business intends to spend $500,000 on the building to update exterior finish, entrances, loading docks and parking-areas. Greater MSP has been assisting the company in finding resources to help the company finance the building improvements. Mr. Akason has informed city staff that funding is available in the Minnesota Investment Fund /K4|F>. MIF 15 overseen by the State of Minnesota Department of Employmerit and Economic Development (DEED). DEED has evaluated the project and would Jike to assist in financing. The MIF program requires that a local government make the formal request for funding and serve as a pass-through for the funding. John Mazzitello, Kristen Schabacker and I participated in a conference call with Greater MSP and DEED on the MIF process. The city is not being asked to make any financial contribution, but is being asked to serve as fiscal agent for the loan. Discussion Serving as fiscal agent entails the foliowing: • Processing the application for assistance to the state o Submitting reimbursement requests on behalf of the business o Collecting loan payments from the business and returning those to the state m Reporting on job creation for two years after loan issuance The city is entitled to an application permit fee, but may not request reimbursement for staff time spent serving as fiscal agent. DEED staff has reported that other cities typicalty spend 40 hours making application, development a contract and setting up procedures. Once loans have been made, it is anticipated that the city will need to spend minimal time processing payments and reporting on job requirements. Further detail on the loan process * Terms of the loan would be established in negotiation between the business and the city. e The business has identified a 3% loan as being better than current bank rates. 115 • DEED staff notes that a common loan term is 7 -10 years. • In the event that a business defaults on a MIF loan, the city is expected to make best efforts to collect, but is not ultimately liable for repayment to DEED. • The city is allowed to keep 20% of the repayments (interest included) to utilize for future redevelopment activities, but cannot use those funds for administrative costs. o This 20% may also be returned to the business at the end of the loan process. Feedback on the MIF program: • Mark Ruff with Ehlers and Associates is comfortable with the MIF process as a tool a city has to help spur redevelopment. • The City of Eagan views the MIF as a useful tool for redevelopment, and have found the fund to be very competitive. o The City of Eagan has a significant fee for any application for economic assistance, which is intended to cover the cost of staff and consultant time for processing the request. • Dakota County Community Development Agency is in the process of making their first MIF application. Recommendation Staff does not make a recommendation on participation in the MIF program. The notion of the city having an active role in economic development is a policy decision for council to determine. In this particular request, the business owner has come to the city through Greater MSP and the timeline is short. City council should discuss the policy implications of dedicating staff time to serve as fiscal agent. Action Required If council wishes to participate in the application process for Minnesota Investment Fund assistance, pass a motion authorizing staff to collect application materials and draft a contract for the loan. These materials would be presented at the January 17, 2012 meeting. 116 Minnesota Program Purpose: Funding Sources: How It Works: Eligible Projects: Ineligible Projects: Other Funds Required: Job Creation/ Wages: prOject Timeline: Loan Terms: Interest Rate: Collateral: Investment Fund Program TD create new and retain the highest qUaUtv' 'obopossible onaatotevvdebasis with a focus on industrial, manufacturing and ' technology related Industries. Department of Housing and Urban Development (HUD), Small Cities Development Program (federal funds) @ndMinnesota Investment Fund /M|F\ Revolving account (state funds), which is repayments from state funded projects. . Grants are awarded to local units of government, which provide Ioans to assist expanding businesses Cities, counties, townships and recognized India n tribal governments are eligible applicants. When state funds are Used, the grantee may ay retain 2O9Of the loan principal and interest rSpaynaOt sVp to $100. 000 . When a proj e cti ea«ordedVithfed*ro|funduthegrentmeretminoa||Ofthephncip@|and interest repayment. DeterminationS as to the source of funding used are made by DEED. Loans are made for land, buildings, equipment and infrastructure necessary to support business expansionS. Working capital, refinancing of existing debt, retail businesses, casinos, sports facilities and industrial park deveiopment. $500,000 per project A minimum of 50% ofthe total project costs must be privately financed through various lending sources and owner equfty. All funded jobs must meet a wage threshold of 110% of the federal poverty level for a famiJy of four, which, eSuf July 1st 2U11ia$11.82/hou[ Furthermore, each job mu st pay, at a minimum, cash wage of $1 0.25 per hour in outstate Minnesota (the balance may be Benefits) and $1 3.00 per hour in the seven county Twin Cities area. This requirement incudes benefits not mandated by Iaw. Projects funded with Federal funds, 51% of the jobs created must benefit Iow and moderate income people. Two years to satisfy the job goals. Real estate: maximum of 20 years; machinery and equipment: maximum of 10 years. Negotiated. Negotiated. Personal guarantees may be required. Disbursement: As costs are incurred but prorated with other sources of funding. 117