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2016-05-24 Council Workshop PacketCITY OF MENDOTA HEIGHTS CITY COUNCIL WORKSHOP AGENDA May 24, 2016 — 1:00 p.m. Mendota Heights City Hall 1. Call to order — Roll Call 2. Public Safety a. Discussion of Use of Barbeque Grills on Townhouse Decks b. Police Study Follow-up 3. Financial a. Water Fees—Water Tower Fund Balance and 10% Surcharge 4. Development a. Village Lots Update—Concept Proposal b. Solar gardens 5. Public Works a. Sump Pump Implementation b. Snow Plowing Policy c. Ash Tree Management Policy 6. IT Policy for Council CITY OF MENEDOTA HEIGHTS page 2 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.corn MEETING DATE: May 24, 2016 TO: Mayor and City Council FROM: John Maczko, Fire Chief Mark McNeill, City Administrator SUBJECT: Grilling on Townhouse Decks COMMENT.- Introduction OMMENT: Introduction At its May 24th workshop, the City Council will hear from residents of two townhouse Homeowners Associations who have been impacted by changes to City Code regarding barbeque grills on decks. The Council will be asked to give direction as to what, if any changes are warranted as a result. Background At the July 7, 2015 City Council meeting, the Council acted on a recommendation from staff to change section 7-2-11 of the City Code relating to fires or barbeques on balconies or patios. The essence of that change was that no fire or open flame would be permitted in any structure containing three or more residential units (including those being constructed in a side by -side design); on any balcony above ground level; or on any ground floor patio that is within fifteen feet of any such unit. Previously, the restriction for grilling was for two or more vertically stacked units. However, that is obsolete language according to the State fire code. The intent of the July 7th action was to bring the City into compliance with the State Code. Attached is a copy of Ordinance 455, showing the changes which were made as a result of the July 7th action. However, an unintended effect of the change was that it would make the ability to barbeque grill at the Ivy Keep I and Ivy Keep II Townhome Associations much more difficult for many of the residents there. A meeting to discuss the problem was held at City Hall on May 9th. The meeting was attended by nine residents, as well as by the Fire Chief, Fire Prevention officer, and the City Administrator. Those in attendance indicated that the physical spacing of the units is problematic, especially at Ivy Keep II. It was noted that to be 15 feet away from the structure would oftentimes require the grill to be set up in the middle of the shared driveway, or the grill would have to be moved page 3 several hundred feet away from the townhome unit. Possible solutions which had previously been floated, such as using hardwired electrical units or plumbing in gas units which would not move, were seen as being too expensive. There were also questions raised regarding fairness issues, as these restrictions do not apply to single family units or twin homes. In response, it was stated that twin homes are often owned by the same individual. In addition, if an individual impacts only their own single family home, is it the appropriate role of the City to intervene? A tour of the neighborhoods on the day following the meetings indicated a few visible grills on decks. We also saw that the driveway width would pose a problems for the Ivy Keep II neighborhood especially, if the 15 feet separation standard is retained. One other major source of concern are awnings which were observed on one of the Ivy Keep I buildings (see photos). The awning appear to be a fabric which is tied to an aluminum framework. At least one grill was seen under the awning. If that grill is used with the awning in place, it could lead to significant problems. This is an example of why grilling on decks can be dangerous. See attached aerial photos of the two neighborhoods, showing the impact of a 15 foot setback. Also attached is background information which has been provided by the Fire Department. Recommendation From a safety standpoint, staying with the existing language is the best thing to do. However, as a compromise might be seen as reducing the setback to 8 feet, which would make grilling on driveways more workable for most of the affected townhouse homeowners. However, staff is still very concerned about any ability to grill on decks of the attached units, and so cannot in good conscience make a recommendation to allow for that. Action Required After taking input from the neighbors, the Council should give direction as to what, if any changes it will consider for changes to the City Code. As action cannot be taken at this workshop meeting, any changes would be made at a future regular City Council meeting. page 4 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 455 AN ORDINANCE AMENDING TITLE 7, CHAPTER 2 OF THE CITY CODE PERTAINING TO FIRES OR BARBEQUES ON BALCONIES ON PATIOS The City Council of the City of Mendota Heights, Minnesota ordains as follows: The following language in Section 7-2-11 is hereby amended as follows: 7-2-11: FIRES OR BARBECUES ON BALCONIES OR PATIOS: A. In any structure containing three or more two (2` more ..er fi ,a4ly stacke l residential units, no person shall kindle, maintain, or cause any fire or open flame on any balcony above ground level, or on any ground floor patio immediately adjacent to or within fifteen feet (15') of any unit. B. Fuel Storage Prohibited. No person shall store or use any fuel, barbecue, torch or similar heating or lighting chemical or devices in either ofthe„ laees „ited in 9.1 of the fire codethe locations designated in Section A of this codes'. Use of liquefied pett!ele,,,,, g on hal or patios as dese,•ibe- i,, D 1 o f the 1'i Fe . ode o ste . h iA shall be hibit .1 va ru�av✓ u✓ ,.av✓vliVvu 111 1. i Vi li1V iiiv vVuv Vi JlV1U�l. 111 VUJV DC. Exception: Listed electric or gas fired barbecue grills that are permanently mounted and wired or plumbed to the building's gas supply or electrical system and that maintain a minimum clearance as ,.o,,,,i,.o,1 by the manufaetur-era of 18 inches on all sides, unless listed for lesser clearances, may be installed on balconies and patios when approved by the de . ,,thor-i+„chief. This ordinance shall take effect upon its adoption and publication according to law. Adopted and ordained into an Ordinance this ATTEST Lorri Smith, City Clerk day of July, 2015. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor page 5 BBQ Grill Ordinance History - 2016 The City of Mendota Heights City Council updated the city code regarding BBQ grills on patios and decks on July 7, 2015. The new city code regarding BBQ grills was changed from language the city had been using to reflect the language in the most current state code at that time being the 2007 Minnesota State Fire Code. The original City code language related to barbeque grills was adopted July 21, 1987. Language from July 21, 1987 to July 2015 read: FIRE REGULATIONS 7-2-11: FIRES OR BARBECUES ON BALCONIES OR PATIOS: A. In any structure containing two (2) or more vertically stacked residential units, no person shall kindle, maintain, or cause any fire or open flame on any balcony above ground level, or on any ground floor patio immediately adjacent to or within fifteen feet (15') of any unit. B. No person shall store any fuel, barbecue, torch or similar heating or lighting chemicals or devices in either of the places cited in 9.1 of the fire code. C. Use of liquefied petroleum gas on balconies or patios as described in 9.1 of the fire code or storage in basement shall be prohibited. D. Exception: Listed electric or gas fired barbecue grills that are permanently mounted and wired or plumbed to the building's gas supply or electrical system and that maintain a minimum clearance as required by the manufacturer and when approved by the code authority. (Ord. 414, 10-16-2007). In June of 2015, Fire Marshal Lee proposed changing our code to deal with recreational fires and match the language in Appendix H of the most current state code (2007), which reads: Appendix H -Fires or Barbecues on Balconies or Patios 1.1 Open Flame Prohibited. In any structure containing three or more dwelling units, no person shall kindle, maintain, or cause any fire or open flame on any balcony above ground level, or on any ground floor patio within 15 feet of a structure. 1.2 Fuel Storage Prohibited. No person shall store or use any fuel, barbecue, torch, or other similar heating or lighting chemical or device in the locations designated in Section 1.1. Exception: Listed electric or gas-fired barbecue grills that are permanently mounted and wired or plumbed to the building's gas supply or electrical system and that maintain a minimum clearance of 18 inches on all sides, unless listed for lesser clearances, may be installed on balconies and patios when approved by the chief. Unfortunately this change had some unfortunate unintentional consequences for some residents of the city in multi -family buildings. page 6 History of BBQ grills on multi -family decks and patios (State Code history by Jon Nisja Supervisor). • The fire code referencing BBQ Grills on balconies was developed in 1989 for adoption on Oct 2, 1989. • In terms of history, this provision was developed in response to a couple of significant apartment building fires in the late 1980s — in Eagan and Hastings (?) caused by barbecue grilling and related activities on apartment building balconies. • Initially it was placed in Chapter 11 of the 1988 Uniform Fire Code (UFC) and was optional "when required by the chief". In later codes, it was moved to an optional adoptable appendix chapter. Some communities didn't want to enforce this while others did so we developed this as an optional requirement (and later as an appendix chapter for local adoption). • The 2000 edition of the International Fire Code (IFC) —which we adopted in 2003 — included a similar provision in the code. We amended that section out as some communities did not want to enforce this and preferred that it be a municipal option. • MINNESOTA RULES 1991, 7510.3180 ARTICLE 11 OF UNIFORM FIRE CODE. Subpart 1. Sec. 11.117. Article 11 of the Uniform Fire Code is amended by adding a section to read: Fires or Barbecues on Balconies or Patios Sec. 11.117. (a) Open Flame Prohibited. When required by the chief, in any structure containing three or more dwelling units, no person shall kindle, maintain, or cause any fire or open flame on any balcony above ground level, or on any ground floor patio within 15 feet of the structure. (b) Fuel Storage Prohibited. No person shall store or use any fuel, barbecue, torch, or other similar heating or lighting chemical or device in the locations designated in subsection (a). EXCEPTION: Listed electric or gas-fired barbecue grills that are permanently mounted, wired, or plumbed to the building's gas supply or electrical system and that maintain a minimum clearance of 18 inches on all sides, unless listed for lesser clearances, may be installed on balconies and patios when approved by the chief. This is also the current Minnesota State Fire Code Appendix H. The proposed code change was to be in concurrence with state code recommendation and it was not thoroughly researched as to whether or not this broadened the code to previously exempted property. The sole interest for the Fire Chief and Fire Marshal was in protecting lives and property. Multi -family residential properties are different than single family homes in that the decision or actions of one party can have a direct impact on others. Despite what at least one passionate resident believes there is data and evidence that shows there is an issue. While it is true cities have not adopted or have changed the requirement it is equally true that there are many who have not. Regardless of what others have chosen to implement the decision is a local one — based on our circumstances and our council decisions. page 7 Grill Fire Statistics FEMA (Federal Emergency Management Agency) 2006-2008 data https://www.usfa.fema.gov/downloads/pdVstatistics/Vllil.pdf Grill fires on residential properties result in an estimated average of 10 deaths, 100 injuries, and $37 million in property loss each year. On average, gfrill fires on residential properties result in more injuries and slightly higher dollar losses when compared to ALL fires. Table 1. Loss Measures for Grill Fires on Residential Properties (3 -year average, 2006-2008) Measure All Fires Grill Fires on Residential Properties Average Loss: Fatalities/1,000 Fires 2.0 2.2 Injuries/1,000 Fires 9.8 33.9 Dollar Loss/Fire $8,050 $11,910 56% of grill fires start on patio's terraces, courtyard or balconies!! (Thirty-two percent on patios, terraces, screened -in porches, or courtyards, 24 percent on exterior balconies and unenclosed porches). Table 3. Leading Areas of Fire Origin in Grill Fires on Residential Properties (2006-2008) Areas of Fire Origin Courtyard, patio, terrace, screened -in porch Exterior balcony, unenclosed porch Outside areas, other Wall surface, exterior Outside open areas Percent (Unknowns Apportioned) 32.0 23.7 55.7% 16.6 4.2 3.7 The leading category of equipment power source is "gas fuels" (79 percent). Within this Category, propane is the power source in 69 percent of all grill fires on residential properties. page 8 Table 4. Equipment Power Sources of Grill Fires on Residential Properties by Major Category (2006-2008) Equipment Power Source Categories Gas Fuels Solid Fuels Electrical Liquid Fuels Other Power Sources Total Percent (Unknowns Apportioned) 79.2 17.5 1.7 1.1 0.6 100.0 "Heat from powered equipment" is the leading heat source category for grill fires on residential properties (47 percent). Within this category, spark, ember, or flame from operating equipment accounts for 28 percent of all grill fires on residential properties. The leading category of factors contributing to ignition is "mechanical failure, malfunction" (35 percent). Within this category, leaks or breaks of containers or pipes account for 23 percent of all grill fires on residential properties. NFPA (National Fire Protection Association) http://www.nfpa.org/research/reports-and-statistics/fire-causes/appliances- and-equipment/home-grill-fires *In 2009-2013, U.S. fire departments responded to an average of 8,900 home fires involving grills, hibachis, or barbecues per year. This includes structure fires and outside or unclassified fires on home properties. *These 8,900 fires caused annual averages of 10 civilian deaths, 160 reported civilian injuries, and $118 million in direct property damage. Almost all the losses resulted from structure fires. •Five out of six (83%) grills involved in home fires were fueled by gas while 13% used charcoal or other solid fuel. (74% LP, 8% NG, 11% Charcoal, 2% electric). 54% of grill fires start on patio's terraces, courtyard or balconies!! (27 percent on patios, terraces, screened -in porches, or courtyards, 27 percent on exterior balconies and unenclosed porches. -The leading causes of grill fires were a failure to clean, having the grill too close to something that could catch fire, and leaving the grill unattended. •A leak or break was the leading cause for outside or unclassified grill fires. Leaks or breaks were primarily a problem with gas grills. page 9 City of Mendota Heights 1987 -present 32 grill related responses in response area • 5 - Smoke from grill setting off alarms • 10 - Gas grill malfunction leak - no fire • 9 - Gas grill malfunction with fire - grill only • 3 - Gas grill -fire structure damage — 2 decks and 1 home destroyed • 2 - charcoal grill related fires - dumpster and a shed • 3 -miscellaneous • $329,100 Total Loss ($253,400 in Structure, $75,650 contents) ii 2+- Mutual aid to apartments - Eagan and Hastings With this in mind the Mendota Heights Fire Chief and the Mendota Heights Fire Marshal think the current city ordinance regarding BBQ grills on balconies is in the best interest for the City of Mendota Heights. We take fire safety very seriously and are continuing to look for better way to ensure the safety of our community. While returning to the previous language is certainly an option, we stand firm in our belief that the current language is appropriate. With every code change or ordinance change there may be impacts to some for the benefit of many. Codes are adopted to address safety issues. As data continues to be collected, known risks are identified. The Fire Chief and the Fire Marshal are NOT against grilling. We are however obligated to make recommendations as to where that grilling occurs based on our charge to protect public safety. For that reason we are recommending to the City Council that there should not be a change current. code, as written in Appendix H, regarding BBQ grills on balconies and patios. However, with that being said, the City Council may accept that recommendation or amend it as per the following: 2007 Minnesota State Fire Code section 101.6 Local government amendments to Chapter 1 Any jurisdiction that adopts this code is authorized to make amendments to Chapter 1 of this code to provide a system for enforcement and administration within the jurisdiction. These amendments shall be equal to, in addition to, or more stringent than this code. None of the existing provisions of Chapter 1 shall be changed nor shall any amendment be made that interferes with the intent of the existing provisions nor the state Fire Marshal's duties and powers thereunder. page 10 (RESEARCH NFPp HOME FIRES INVOLVING GRILLS FACT SHEET In 2009-2013, U.S. fire departments responded to an average of 8,900 home' fires involving grills, hibachis, or barbecues per year, including an average of 3,900 structure fires and 5,100 outside fires. These 8,900 fires caused annual averages of 10 civilian deaths, 160 reported civilian injuries, $118 million in direct property damage. Almost all the losses resulted from structure fires. . July was the peak month for grill fires but these incidents occur throughout the year. Causes of Grill Fires The leading causes of grill fires were a failure to clean, having the grill too close to something that could catch fire and leaving the grill unattended. A leak or break was the leading cause for outside or unclassified grill fires. Leaks or breaks were primarily a problem with gas grills. Gas vs. Solid -Fueled Grills Five out of six (83%) grills involved in home fires were fueled by gas while 13% used charcoal or other solid fuel. Home grill fires by leading areas of origin 2009-2013 Courtyard, terrace or patio Exterior balcony or open porch Unclassified outside area Kitchen or cooking area Exterior wall surface Lawn, field or open area 40% 27% 4 /o 0 25% 12% 8%075% Structure fires ® Outside or unclassified fires 5% 0% 10% 20% 30% 40% 50% Gas grills were involved in an average of 7,400 home One-quarter (27%) of home structure fires involving grills fires per year, including 3,100 structure fires and 4,300 started on or in a courtyard, terrace, or patio, or on an outdoor fires annually. exterior balcony or open porch; • 27% started on an exterior balcony or open porch; Charcoal or other solid -fueled grills were involved in • 8% began in the kitchen; and 1,200 home fires per year, including 600 structure fires • 5% started on an exterior wall surface. and 500 outside fires annually. Emergency Room Visits Due to Grills In 2014, 16,600 patients went to emergency rooms because of injuries involving grills.2 More than half (8,700) of the injuries were thermal burns. Children under five accounted for 1,600 or one-third of the 4,900 thermal non -fire grill burns. These were typically contact burns rather than flame burns. 'Homes include one- or two-family homes, apartments, town houses, row houses, and manufactured housing. 2Data from the Consumer Product Safety Commission's National Electronic Injury Surveillance System, queried in March 2016 Source: NFPA, Fire Analysis & Research Division, www.nfpa.orQ NFPA, 1 Batterymarch Park, Quincy, MA 02169, www.nfiva.org Fire Analysis & Research Division, osdsa,nfpa.org NFPA - Home Grill Fires Mo f NATIONAL FIRE PROTECTION ASSOCIATION NEPA The leading information and knowledge resource on fire, electrical and related hazards Sign -In Join / Renew CODES & STANDARDS Resea}ch My Profile Catalog News & Publications SAFETY INFORMATION I TRAINING Page 1 of 2 page 11 Sian In W Cart 0 Search I Search this site About NFPA Careers Press Room RESEARCH I MEMBER ACCESS Q Home > Research > Reports and statistics � Fire causes > Appliances & equipment a Home Grill Fires Reports and statistics HOME GRILL FIRES G -i 1 Fires in the U.S. Fire causes Report: NFPA's "Home Grill Fires" (PDF, 1 MB) Appliances & equipment Author: Marty Ahrens Cooking Issued: April 2016 More information Heating This report examines causes and circumstances of home grill fires that were reported to local fire Computer rooms and other departments in the U.S., including structure fires and outside or unclassified grill fires that occurred on "Home Gnll Fires" electronic equipment areas home properties. Trends, fire causes and fire circumstances are shown for structure fires, and outside report (PDF. 1 ma) or unclassified fires for all grills, for gas grills, and for solid -fueled or charcoal grills. Grill -related burns, Office equipment including bums caused by contact with hot grills or grill contents, are also discussed. Related report Torches and burners "Home Fires Involving Air conditioning or related Report highlights CookingQulpment equipment re (PDF. 6 FAB) Clothes dryers and In 2009-2013, U.S. fire departments responded to an average of 8,900 home fires involving grills, Fact sheet washingmachines hibachis, or barbecues per year. This includes structure fires and outside or unclassified fires on Fires Home Grill Fires home properties. Grills" sheet PDF, I (PDF, 07 Kitchen equipment other These 8,900 fires caused annual averages of 10 civilian deaths, 160 reported civilian injuries, and [m) than cooking equipment $118 million in direct property damage. Almost all the losses resulted from structure fires. Arson and juvenile Five out of six (83%) grills involved in home fires were fueled by gas while 13% used charcoal or other solid fuel. firesetting The leading causes of grill fires were a failure to clean, having the grill too close to something that could catch fire and leaving the Candles grill unattended. Chemical and gases A leak or break was the leading cause for outside or unclassified grill fires. Leaks or breaks were primarily a problem with gas Electrical and consumer grills. electronics Fireworks Holiday Household products Nlorne grill fires by power source: 2009-2013 Lightning Fires and Lightning Strikes Smoking materials Natural gas, 8% The fire service Fire safety equipment Unclassified gas, 2% Fires by property type Outdoor fires LP -gas, 74% Charcoal or coal, 11 % Vehicles Demographics and victim patterns Wood or paper, 2% Non -fire incidents Electric, 2% Printable fact sheets Other or unclassified, 2% Customized reports Key dates in fire history Latest estimates of major fire causes How NFPA estimates fires and fire losses Workshop reports Fire investigations Morgan Library Fire Protection Research Foundation For the fire service Research +Paralysis newsletter Resource links http: //www.nfpa. org/researchlreports-and-statistics/fire-causes/appliances-and-equipment/... 4/26/2016 '\627 625\-, h� i 623 E Ivy Keep I Townhomes Date: 5/19/2016 MAPLE PARK DR N 0 50 SCALE IN FEET page 12 y city of Mendota Heights 598 GIS Map Disclaimer: This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat, survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information contained in this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errors or omissions herein. If discrepancies are found, please contact the City of Mendota Heights. Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation. page 13 y city of Ivy Keep II Townhomes N Mendota 0 50 fiFn Heights Date: 5/19/2016 SCALE IN FEET t 10194001096 \ �/ oo ,71.01098/ 1100/ / "i`' 66 / 1102 i ,,\ 11 Fill ; Ns, 1095 �' \ 1097 h / 1099 • y1 � mos � / ' 1101;, / 1103 \ 15 feet; \ 1105 3ti < \ �. \ �. 3� \ titi6� ��,' // 1109 ,6, / 1113 61 1115 61 /! It IQ Ns / 635 GIS Map Disclaimer: This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat, survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information contained in this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errors or omissions herein. If discrepancies are found, please contact the City of Mendota Heights. Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation. I -ti � � e F � ' jury• 1101 Victoria Curve I Mendo[a�Oights,,GMN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heig hts.Com CITY OF MEfVOOTA HEIGHTS Request for City Council Action MEETING DATE: May 24, 2016 TO: Mayor and City Council, City Administrator FROM: Mike Aschenbrener, Chief of Police SUBJECT: McGrath Study Implementation Plan COMMENT.- Introduction OMMENT: Introduction At the April 19, 2016 City Council workshop Ron Moser from McGrath presented the finding of the study. The Council requested some further clarifications to the McGrath study as related to implementation. The Council is now being asked to approve steps to being the implementation of the recommendations of the study. Background In October 2013 at a council workshop a recommendation was made by Council to move forward in 2014 with an organizational restructuring. Recommendations were made based upon the Northwestern University modeling and structure of a police department. The Council chose the medium accountability level which recommended and planned a phased in project implementation process of structural change the department. Due to circumstances beyond our control we lost an officer to a long term disability taking them off the schedule from November 2013 until February 2014. In 2014 we also experience two retirements in May, one planned, one unplanned and we also lost an officer to a homicide in July of 2014. From November of 2013 to the fall of 2015 we were short staffed experiencing only 13 days at a full employee compliment during that time. The initial changes were planned for the 2015 budget cycle. Step one was to promote a fourth supervisor. At the same time a hiring process was started which would allow a patrol officer to be hired in the last quarter of 2015 and 16 weeks later the open slot in the patrol schedule would have been filled. At the August Budget workshop the Captain position was presented for inclusion in the 2016 budget as Performance Improvement Package 14. That was removed from the budget along with the police officer to fill the opening in the patrol schedule by the promotion of a supervisor. In order to implement the major changes recommended in the McGrath Study, the first step to be taken would be be to hire the employees necessary to staff at a safe level. Currently with injuries and open schedule positions (3) it is nearly impossible to fill the patrol schedule without substantial overtime payments being made; it would be impossible to implement the study 12 hour schedule until the employees were in place. It would be possible to start the implementation of the schedule at the point that two of the three currently vacant positions are available to be scheduled. When all three positons are filled, it would be possible to move the third person into investigations and begin the catch up process necessary to make up for two years with a single investigator. page 17 Budget Impact The primary drivers of the budget impact statement are personnel costs, which will be reoccurring costs. The Captain position would be a Grade 41 exempt position with a base salary of $107,212 dollars annually. Council should be aware of the fact that the Sergeants who are eligible to be paid overtime earned $110,085average for the three who served in that capacity for the entire year (wages, overtime, compensatory time cash out, post-retirement health savings contribution all per union contract). Any other fringe benefits negotiated for this position will be in addition to the base salary, such as a vehicle or vehicle allowance. The addition of a Community Service Officer (CSO) would add approximately $27,000 in annual reoccurring personnel costs and a vehicle assignment. Council could chose to keep both of the State of Minnesota Travel Management lease vehicles by purchasing them from the State. The vehicles would move into a 7 year replacement cycle (non -emergency vehicle) with 4 years before they would replaced in the fleet. One would be assigned to the reserve program as approved by Council on 05-17-2016, and the other could be assigned to the CSO. The vehicle purchase price would be $17,950 and is currently set up as a Mendota Heights squad. This would also impact one of the new squad car conversion by approximately $10,000 for a light bar, cages, plastic back seat, rocket booster and graphics. This would not include the purchase of a new squad computer. The estimated budget impact for 2016 implementation based on the minimum timelines provided is approximately $120,000 including Captain, CSO, and squad purchase and office renovations. See McGrath report #9 for details. The estimated annual reoccurring costs would be $110,000 plus fringe benefits for the Captain, $27,000 for the CSO and two additional vehicles in the fleet, one on a 5 year replacement cycle, the other on a 7 year replacement plan. The costs would be dependent upon the Council's decision as to vehicles used (2008 Crown Victoria, 2012 Police Interceptor), with initially higher up -front costs verse earlier replacement costs. The estimated cost of implementation of McGrath study recommendation #10 in 2016 dollars is estimated to be $17,000 annually in holiday pay. In addition, the employees on the 12 hour schedule would accrue 240 hours of annual vacation in comparison to 8 hour scheduled employees who would accrue 160 (based on the 20 day per year comparison). Moving into the future this annual reoccurring costs for the holiday pay would increase based on the employee wages. The impact would grant an additional 80 hours of vacation time to a single group of employees, which may impact other bargaining groups. Recommendation Staff recommends that the Mendota Heights City Council approve hiring package as presented. Action Required If the Council concurs, it should direct staff to bring forward Captain and Community Service Officer position descriptions to next council meeting for approval. Costing worksheet: Captain: $128,000 (wages at step 41 and fringe benefits) annual on-going costs 2016 November & December $21,332 wages page 18 Community Service Officer .5 FTE: $27,000 (wages at step 5 and prorated fringe benefits) 2016 October, November & December $7,980 wages Vehicle Captain: $32,000 (police service vehicle including all costs + taxes) $ 3,500 (police radio) $ 3,000 (lights class B, tinting and alarm) Total: $38,500 CSO Squad: Keep 2008 Crown $17,950 2012 Police Interceptor purchase used from state of MN Travel Management Either choice will require new equipment in the 2016 Squad build with estimated costs of- Rocket £ Rocket Utility $2,000 Dock $ 800 Radio $3,500 Cameras $5,000 Construction Costs: $40,250 office space 23x10=230 (square feet) x $175 (square foot construction cost and furnishings) = $40,250 to convert 230 square feet from lobby to office space at $175 square foot Schedule Conversion Costs: Holidays $17,000 contract compliance costs (9.5 hour day accumulation to 12 hour day accumulation) Assumes 20 days per year employees: Vacation accumulation 8 hour day employees 160 hours Vacation accumulation 12 hour day employees 240 hours CITY OF MENEDOTA HEIGHTS page 19 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.corn DATE: May 24, 2016 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Police Position/Support Funding COMMENT.- The OMMENT: The attached memo from Chief Aschenbrener outlines expenditures which would be needed to add a Captain and part-time CSO position, as well as vehicles and office space to support the positions. Neither of these positions were provided for in the 2016 levy. Therefore, I did speak with the Finance Director about funding for implementation this year, should Council choose to do that. While the numbers won't be final until sometime after the completion of the City audit, preliminary figures indicate that the underspend of the 2015 budget, and better than anticipated revenues will allow for these positions to be added in 2016 (suggested for November 0). The 2015 revenues/expenditures would also be the source of funding for one-time expenditures such as vehicles and the construction of office space. If the expenditures are not made, those monies would otherwise go into the General Fund reserves. Moving forward, the Council would have to make the decision to permanently provide for the recurring personnel expenditures in the 2017 levy. Mark McNeill City Administrator Cc: Police Chief Finance Director page 20 McGrath Study Topic Recommendation 1 Policies & Recommendation Procedures Develop a schedule to methodically review every policy on a three-year cycle. In year one all policies in Chapter one would be reviewed by the team of supervisory staff and the Chief of Police along with any specific agency subject matter experts. In year number two, Chapter two would receive the same review, and in year three Chapter three would be reviewed. The cycle would then continue. #1 Implementation Process: In 2015 all mandatory policies were reviewed In progress — Common policy — Use of Force meetings occurring with senior management of MHPD, WSPPD & IGHPD - Once staff is hired & trained MHPD Policy review process can begin estimate 12 months per chapter Cost of Implementation: Hiring and training staff, all time commitments from patrol officers will come from time assigned to policing services (patrol, school resources and investigations). Example: Use of Force Policy (high risk/medium frequency) four staff members 3 hours allocated or 12 hours in development phase. Current steps: All use of Force Instructors review and recommend changes on common policy. • Policy updates Next step is new Policy implementation on new policy areas such as: • Prescription medication use 0 Off duty employment page 21 • Social Media Policy • Domestic Lethality Assessments • Identify policy requiring a Standard Operating Procedure example Bloodborne Pathogens policy (state & federal mandates) is 27 pages in length exposure SOP is 1 page. • Home phones • Juvenile Accountability programs New: Document start and stop dates on policy review. Sergeants are in place to work with officers 10 minutes on daily basis to update policy. All policies will be reviewed in entirety with Sergeant at roll call sign off sheets will occur in the presence of a supervisor and supervisor will be required to document. Accountability: Specialty areas, training etc., work directly with Sergeants in charge of the area to update policy related to the specific areas. Utilize League of Minnesota Cities & State / International National Chiefs Associations for current model policies. Captain would be responsible for review and recommendation to Chief on sign off. page 22 McGrath Study Topic Recommendation 2 Policies & Recommendation Procedures Every year, after the chapter review is completed, all employees would be informed of any changes, and each policy would be reviewed during roll call or other training periods. #2 Implementation Process: Same as #1 with exception of a prioritization on which policies are reviewed. Cost of Implementation: Current steps: New: Accountability: page 23 McGrath Study Topic Recommendation 3 Eauipment I Recommendation Annually, after the department budget has been approved by the City Council, the Police Chief should inform the department members of the equipment included in the budget, subject to funding. #3 Implementation Process: Begin budget process no later than June 15 of year before budget is due. Provide Performance Improvement Package Document at roll call meetings. Provide base line numbers from previous years, set guidelines on mission requirements and expectations on major program changes. Cost of Implementation: 3 to 5 hours of supervisor time to meet, discuss and vet potential budget inclusion items. Current steps: Normal process has been to direct sergeants to ask if there are items or processes that officers would like built into the budget. They then report back to the Chief for inclusion into budget process. New: Be more inclusive and include all staff in the budgeting process. Set up a budgeting process that would mirror the process currently being done to prepare budget for presentation to the administrator. Sergeants would be responsible to work through the process with staff to bring ideas forward. Notify by memo and roll call meeting of new process. Document meetings and sign off research and follow records retention process for budget process. Put out memo after budget is certified by Council include, meeting minutes on the budget discussion and the budget pages relevant to the operations of emergency services. Accountability: Shift sergeants accountable for sharing and documentation according to records retention process. page 24 McGrath Study Topic Recommendation Ik 4 Equipment Recommendation Continue and expand, where feasible, the practice of utilizing a committee of a cross-section of department members, to provide input into selecting important items of equipment. #4 Implementation Process: On any major purchase that will change equipment consider the potential of forming a group to review and make recommendations on the purchases. Cost of Implementation: Handgun committee example 4 officers with approximately 6 hours each and 2 officers with 10+ hours each into the process. This a 44 hour project not counting the test shoots provided to every officer. The majority of the project was done on duty. The actual cost is one week of patrol time. Current steps: Currently have two new AED & First Aid "test" bags in squad cars these were researched by two officers samples were put into service and are being evaluated by the patrol division officers. After evaluation and input from patrol the old bags may or may not be replaced New: Ensure the committee evaluation process is considered for any high value or high impact projects. Accountability: Shift supervisors in charge of purchasing the Captain would be in charge of documentation and authorizing the expenditures in accordance with the city purchasing policy. page 25 McGrath Study Topic Recommendation 5 Technology Recommendation Track the federal proposal for matching grants for body cameras and be prepared to make application for funding. #5 Implementation Process: Currently monitor actions at the state and federal congressional levels watching for items that will have a direct impact on business practices. In addition maintain memberships in professional organizations who sole purpose is to watch and report on changes in the industry. Cost of Implementation: Determine levels of equipment needed based upon the enabling legislation, example 1 per officer, 1 per officer on duty or 1 per officer on duty during normal staff/peak staffing. Determine data retention requirements in the legislation, match that with server requirements and support needs. Current steps: Placeholder into the 2017 budget based on "likely" scenarios for implementation. Monitor data practices legislation in Minnesota for proposals to deal with data requests. New: Accountability: Training and equipment maintenance for the cameras, servers, up and downloading equipment rests with the shift supervisor any major policy changes will fall on the captain. page 26 McGrath Study Topic Recommendation 6 Technology Recommendation Obtain costs on a thermal imaging device. Consider sharing the cost, and the use of the device, with neighboring agencies. #6 Implementation Process: Research options and purchase as grant money has potentially been arranged through MHCCAF based on needs for the reserve squad car. Cost of Implementation: The research has been started and it appears that the pricing varies between $2,000 and $10,000 dollars each. These would likely be 5 year replacement pieces of equipment based on technology changes. Current steps Wait until the final squad car movements are arranged. Determine exact needs. New: Develop and document a training program. Accountability: Shift sergeants. page 27 McGrath Study # Topic Recommendation 7 Technology Recommendation Ensure that support specialists are trained in downloading video to include in police reports sent to the courts and other agencies. #7 Implementation Process: This is currently an IT or Sergeant Action process triggered at the reporting level by the officer's incident reports or this is an officer process to tag the squad video files with citation numbers, suspect names which activates an automated process of lengthening the automated retention time. Cost of Implementation: This will require training support staff and updating computer permissions for access levels. Estimate time to be approximately 10 hours for all support staff. A change in reporting process will need to occur to ensure uniform process across all line staff. Current steps: Hire supervisors and train to ensure uniform accountability across the ranks. New: Accountability: Build in to the supervisor report check list, supervisor and captain. page 28 McGrath Study Topic Recommendation 8 Technology Recommendation If the department adds an Administrative Captain then that person could further consider the use of social media by the department. #8 Implementation Process: This process has been on going with the City Administration staff for years. There are multiple issues that must be considered before moving into the social media piece. There are liability issues that should be addressed or at least acknowledged before an incident occurs. Cost of Implementation: All staff with access to social media must be adequately trained in; records retention, data practices, classification of data, legal issues around posting photos. The city must develop and adopt a policy on posting etiquette. Staff must be assigned to monitor the media sources 24/7/365 and the compensation issue will need to be addressed by the city administration. Current steps: City staff has been researching the issue for several years. New: Adopt a policy on social media use for the city and what types of information will be placed for public consumption, develop a compliant records retention program for posted materials. Move control of social media from the City Administration to each department. Accountability: Follow the plan and ensure staff are continually trained based upon the adopted policy. page 29 McGrath Study Topic Recommendation Organizational Chart Recommendation 9 Staffing & Supervision Chief Adopt the revised organizational chartl0 #9 Implementation Process: Mendota Helghts Police Department Recommended Organizational Chart cn;e� Mm.Fud li CPntr.ct S.rrlcn ,.mxneya Suppux P.trd DMMen Cr<m`.N I.w mkpCaa.nd PreYW—1 Sm.d.r6 DhdWn T-mRT-m6 t—C I T-0 Gpr•4{ll 6.m839 Pm 6....539 Pm 6p..539.m 5P..4;"w.. 5-�wn111 S..N.-In Snpn�llf SuN+-[!] yiR v I..ectl�lkn[xl 91n RI C..-Illl .d 7S-4—W htrnl Paw Pmd I oflk.nploF6r.nit1 OFsc.n121an[ti Mendota Heights Police Department Organizational Chart 01-27-2016 Chief c Crime Fund X w Y Sue Donovan Jerome Porter & Jeremy Knutson w i E c �- v m .nam Legend A s ' ergeant O`Y Administrative g Shift Sergeant Sergeant a picer Er cePeter en Bobby Lambertn Fleming Patrol Support Investigator Support B PatrolPatrol A Patrol Rotating Kim Henning Mike Gorges ® John Larrive Chad Willson ShepardP: Supportu FTE v 0 A Patrol .5 Casual FT Trista Miller C PatrolteffTodd Patrol Rosse Licensed DeniseSupport onFeldt Officer Reyes 5 FTEUrmann Patrol Shayna Hoechst PatrolFloat McCarty ovRupportl > ffCasual oNelson oo Lisa BrandtSupportCasual MT Steve Meyer Becky Pentel page 30 The proposed and current organizational charts are provided as reference on page 10. The department organizational chart has and should continue to remain flexible for assignment of resources according to need as assessed by the department head. The organizational chart has been altered multiple times during the last three years to meet basic staffing needs. The primary focus of the department is and likely will remain the ability to respond to 911 calls for service. In 2013 the department experienced the loss of an officer due to injuries sustained while dealing with a serious car crash. Between that crash and late 2015 the department was at full staffing a total of 13 days. The current situation with administrative leave and injuries has left two scheduled shifts unfilled the entirety of 2016 and one for three months. One has been covered by filling the schedule with the float or coverage officer. The other has been dealt with by eliminating a second investigation position. This has caused many cases to be relegated back to the patrol division or to not be followed up on in a timely manner. Additionally the patrol schedule for 2016 requires two officers on duty at all time. To meet these minimums we have been paying thousands of dollars in overtime monthly to be at minimum. The department would adopt the organizational chart proposed at the time there were trained personnel to fill the slots. Cost of Implementation: Hire and train the staff needed to fill the slots in the organizational chart. Needed hires: Captain Community Service Officer One patrol officer — replacement in progress 1 return from medical 1 return from administrative leave Current steps: Patrol Officer: Step one hire and train patrol officers necessary to fill open slots in the schedule. Currently the patrol schedule is short one patrol officer on Council approved light duty assignment. This comes to an end on May 20, 2016 it is not anticipated he will be medically cleared to return to work. Anticipated to take 110 days. page 31 Captain: Review and comment on position descriptions, attached. Final description would be brought forward as a personnel action item at a Council meeting. 14 days Next step would be to approve a job description and approve a pay and benefit package for this position. 14-21 days Posting for position 30 days Testing or application rating. 15 days Interviews 15 days Background checks 30 days Conditional Job Offer 30 days Medical Psychological exams Council approval 14 days Notices 14 days Total 168 days Captain reoccurring costs $128,000 this figure is dependent upon pay grade 41 plus a fringe benefit package (vehicle) as determined by the Council. Renovate Office Space / eliminate 80% of the lower level lobby area would be converted into two semi -private offices for the investigative division. Estimated in Budget Improvement Package at $160 a square foot or approximately $36,800 in renovations with a 20 week time line. Estimate does include furnishing the office space (desk, chair, computer, telephone). Based upon the current construction industry level of work I would anticipate the price in 2016 be closer to $40,480. Community Service Officer: Personnel Action item for Community Service Officer Position description, pay and benefit package. 21 days Advertise position 20 days Score applications 10 days Interview 15 days Background checks 30 days Conditional job offers 30 days Medical examination Psychological examination Council appointment 14 days Total 130 days Personnel costs estimated at $27,000 annual New: page 32 Accountability: The Captain would be accountable to the Chief of Police and the CSO would be accountable to a shift sergeant. page 33 McGrath Study Topic Recommendation 10 Staffing & Recommendation .29t A Officer 2 Supervision - • Change the patrol scheduling from 10 hour to 12 hour shifts. Sample schedule from page 21 of McGrath study. April 3 -April 30 2016 ■ ■■ ©DD®D©©DDDDD©©©�©DDD©DD©DD© ©DDODD©©DDDDD©©©� D D � ©©eD©DD© .29t A Officer 2 ■■-�■o - • e ■DDD®0N�0[ .. .. a n ee n� ■ �OIN'� � ■e ■■-0 . • ■■ �I[��C!■�0 ■�©DD©DD©©�■DD©©©©■DDD©©©� 7 ■� ■11111M �� i�i■� DY■'1�0■■'�I01■■■�I■I■� mN■ ■N■ I®D■■�■I■■■ q■n■■n■■■■ �i■■-ME IDI■e WEE 10[•Sa�l■■ 700■■*]f 11e"■e ■NiiNii �1r.I■■ JD© I■■ . - ©memem®mmmmmmmmmmmmmmmmmmm ■■�ONNOm■ DAm■■0� ■■■ a0■ mm Sgt. C ��. ®®nn■Nn® EWE.=== ■o 'i m®V■■_ �i■�M®QQ ■■■ M An®ne J;-, MM oil ■■■0000■■0�■■■"�D8■00�■■'70■■'MEN MoMilrnmllomn '"7111 #10 Implementation Process: This step could be implemented be or after the hiring processes are completed. At this moment we are spending approximately $9,000 a month to keep a two officer per shift minimum schedule. Implementation directly impacts employees scheduled time off and vacation bidding. In July if there are not additional hires to begin eliminating overtime shift payments we will be cutting other areas and asking to transfer money into the personnel overtime lines. Any adjustments done mid- year would need to be considerate of employee planned time off. Cost of Implementation: Based upon the two labor contracts with the police officers and the sergeants there are some potential cost implications based on contract language. The police officer contract holidays and vacation day are earned on the actual length of the shift. The sergeant contract locks them into accruing time based on 9.5 hour day length. Based upon the base contract language the 12 hour schedule immediately results in $17,000 in increased contract costs for holiday payouts. For vacation time accruing based upon 12 hour day on average the officers will automatically earn an extra two weeks off per year. page 34 Annual work year for All full-time city employees is 2080 hours: 8 hour days — scheduled to work 260 days per year. 9.5 hour days — scheduled to work 218.9 days per year. 10 hour days - scheduled to work 208 days per year. 12 hour days — would be scheduled to work 182 work days per year. Vacation Leave Accruals for 20 days based on 2080 hours is 160 hours (4 weeks). Police Officers and Sergeants currently accrue vacation leave based on a 9.5 hour works schedule (9.5 hours x 20 days = 190 hours (4 weeks plus an additional 30 hours). If Police Officers and Sergeants accrue vacation based on a 12 hour work schedule, employees would be accruing 240 hours (12 hours x 20 days = 240 hours). This would equal an additional 80 vacation hours annually. For example: If a Police Officer or Sergeant working a 12 hours shift schedules a two week vacation, they would be required to use 80 hours of their accrued vacation leave balance (32 vacation leave hours for week one/48 hours vacation leave hours for week two). So an individual earning 240 vacation leave hours annually would have six weeks of vacation. *There is currently an MOU in place for LELS members working a 10 -hour shift. They currently accrue vacation and holiday pay based on a 9.5 hour shift. Current steps: This step cannot occur until such time as there are employees to be placed in the schedule slots. Provide staff guidance and pursing schedule changes mid -year. This schedule may be requested to alleviate scheduling short falls until the end of 2016. New: Accountability: Once implemented this will be the normal process for bidding and work assignments based on contract language for the two bargaining groups. page 35 McGrath Study Topic Recommendation # 111111111110- 11 Staffing & Recommendation up ervision Approve the position of Administrative Captain. #11 Implementation Process: If approved in #9 all of the steps are laid out to implement the action. Cost of Implementation: The annual salary, benefits and cost to renovate the space necessary to house the employee. Current steps: Approve job description, advertise position and hire a project manager to complete the renovations necessary to provide office space. See draft language for position description. New: Accountability: To the Chief of Police. page 36 McGrath Study Topic Recommendation 12 Staffing & Recommendation Supervision Approve the part-time Community Service Officer position. #12 Implementation Process: If the organizational chart process were adopted in #9 the process could be started immediately. Cost of Implementation: The on-going costs would be personnel and a vehicle. Current steps: Laid out in #9. New: Approve job description, advertise position and hire a project manager to complete the renovations necessary to provide office space. See draft language for position description. The person hired for this position would be a student in a current law enforcement degree program and would be only eligible to work in this capacity for 36 months. Accountability: In new organizational chart the CSO is accountable to a shift sergeant. page 37 McGrath Study # Topic Recommendation 13 Management Recommendation and Leadership Prepare an annual training curriculum for all employees based on their job assignment. #13 Implementation Process: Commence planning process immediately upon having spare time in the sergeant rank. Cost of Implementation: Between 2 and 4 hours per employee to develop a personalized training plan. 20 employees x 3 hours each x $50 hour = $3,000 or 1.5 weeks of sergeant time required to complete the task. Individualized training plans will likely result in higher training costs which will be unknown until such time as the process is put into place. Current steps: Currently evaluate and plan training on a department level which is then broken down by position. Each officer does request individual training during the annual evaluation process. New: Incorporate the annual evaluation process into the annual training program review. Accountability: Officers will work with shift supervisor and shift supervisors will report on training to the captain. page 38 McGrath Study Topic Recommendation 14 Management Recommendation and Leadership The Police Chief and Sergeants should review how internal policy violations are investigated and make appropriate revisions. #14 Implementation Process: Standardize the process on internal complaint evaluation and processing. Cost of Implementation: 2 hours of review and training on the process on duty time. Current steps: Have policy steps outlined and available for supervisor use at any given time. Create a Standard Operation Procedure (SOP) restricted to supervisor use. Track and document all internal policy violations on master list, commonly called and internal early warning system. New: Accountability: Assign to the Captain to provide monthly or quarterly and annual reviews to ensure consistency and compliance. page 39 McGrath Study # Topic Recommendation 15 Management Recommendation and Leadership The Chief should require that the Sergeants report back in writing, on a regular basis, as to when, how, and what they have briefed their subordinates on from the staff meetings. #15 Implementation Process: Hire shift supervisors who are in charge of each shift after adopting 24/7 supervisors this will cover all officers on a daily with the exception of sergeant: vacation, compensatory time, sick time, personal leave and training time. Cost of Implementation: .25 hours daily per shift supervisor of on duty time. Current steps: Change memo and policy distribution steps to require a shift supervisor handle the distribution of all department specific information. Require daily 24 hour chief briefings of activity whether case or call information. New: Accountability: Sergeants will be held accountable to the Chief for this task. page 40 McGrath Study Topic Recommendation 16 Management Recommendation and Leadership Chief should conduct quarterly open department meetings. These meetings should be rotated between day and evening hours. #16 Implementation Process: Begin planning and implementation of quarterly meetings by shift. Until completion of budget cycle and adoption of appropriate budget. These will be done as shift briefings. Cost of Implementation: Two of overtime 4 times per year for 15 officers. 2 hours x 4 meetings x 15 officers = $6,000 of overtime and 20 hours of duty time. Current steps: Budget the money needed to move to the larger meeting format. New: Accountability: Captain would be responsible to track attendance review and approve minutes of each meeting. Minutes and attendance records would be kept in accordance with the MN Data Practices requirements. page 41 McGrath Study # Topic Recommendation 17 Department Recommendation Culture and Climate All Sergeants should receive updated training on proper ways to conduct internal investigations as well as disciplinary procedures. #17 Implementation Process: Review and develop an appropriate training plan for the sergeant plan for each sergeant along with a time table to complete the training. Cost of Implementation: Estimate three sergeants in need of training would be three weeks of supervisor time away from patrol. 3 weeks wages and $1500 in tuition. Current steps: New: Accountability: Under the current organizational chart the Chief would ensure the training and is appropriately documented. page 42 McGrath Study # Topic Recommendation 18 Department Recommendation Culture and Climate If an Administrative Captain is added to the force that person should be in charge of the internal affairs function of the department. #18 Implementation Process: Authorize hiring and necessary training to coordinate. Cost of Implementation: See study #9 for costs. Current steps: New: Accountability: The captain will provide all internal reports to the Chief and / or the labor attorney. All records and disciplinary actions documented according to policy, contract and law. page 43 McGrath Study # Topic Recommendation 19 Department Recommendation Culture and Climate The department should use a firm specializing in organizational change to provide a seminar and training to all department personnel. #19 Implementation Process: Authorize hiring a contract trainer to evaluate and work with staff on culture changes. Cost of Implementation: See study #9 for costs. Current steps: Have reached out to Breach Point Consulting, previously did they provide the exact course listed in the study for all personnel. Will locate another provide to work on organizational change. New: Accountability: The Chief will be the person responsible to ensure this is completed. page 44 McGrath Study # Topic Recommendation 20 Department Recommendation Culture and Climate The Chief of Police should confer with the psychological services section of the international Association of Chiefs of Police to discuss what services they may provide. #20 Implementation Process: Same as #19. Cost of Implementation: Current steps: New: Accountability: The Chief will be the person responsible to ensure this is completed. page 46 CITY OF MENDOTA HEIGHTS TITLE: Police Captain - DRAFT Department: Accountable To: Class Code: Police Chief of Police Exempt Primary Location: Normal Hours: Date of Last Revision: City Hall May 2015 DIVISION: Professional Standards Job Purpose: To assist in the administration, supervision, and direction of the Mendota Heights Police Department, to ensure that all programs, services and functions are handled in an effective and timely manner. Responsible for entire Police Department operations in the absence of the Police Chief. Essential Duties A. Assists the Police Chief in managing, supervising, and controlling the department. • Assumes command of any police emergency or tactical situation as necessary. • Assists with preparing and monitoring division budgets. B. Performs administrative duties. • Oversees the recruitment and selection of all police personnel. • Works with supervisors to monitor the effectiveness of all sections of the police department. • Assists with the determination of need and the deployment of personnel. • Creates and maintains reporting procedures and activity indicators which accurately reflect productivity measures for the Professional Standards Section. • Documents and tracks all memos and general orders. C. Performs Planning and coordinates special research in order to anticipate the short and long-range needs of the police department. • Prepares appropriate reports on projects and programs. • Forecasts personnel and equipment needs based upon careful analysis. • Executes plans by overseeing or delegating appropriate authority and responsibility. D. Manages police department training. • Evaluates police department training needs through review of internal reporting and statistics. • Monitors state and federal requirements and trends for law enforcement training and implements training programs. • Provides opportunities to all police departmental personnel for both required and developmental training. • Assists with the development of department training. E. Coordinates effective communication within and outside the department. • Meets with departmental personnel to analyze and solve problems. page 47 • Represents the police department at official gatherings, meetings and community functions. • Corresponds with citizens to address their concerns or questions. • Solicits and encourages open communications. F. Investigates, reviews and handles complaints through the internal process. Receives, reports, assigns, investigates, and monitors complaints against the department or its members. Recommends disposition of said complaints to the Police Chief on major investigations. Provides summary data concerning the internal affairs function of the police department. G. Monitors conformance to established rules and regulations of the Department. • Manages the development and currency of the operations manual. • Monitors the productivity of police divisions by analyzing reports and statistics compiled by department supervisors. • Evaluates and makes recommendations for changes to enhance the effectiveness of division programs. H. Performs other related work as apparent or assigned. • Supervises, assigns, and evaluates section personnel. • Prepares departmental reports. • Conducts and reviews performance evaluation forms - identifies and recommends training needs. PERFORMANCE CRITERIA Reports provided to the Police Chief are timely and reflect consideration of existing conditions and objectives. Decisions made in delegated areas of accountability are consistent with division operating procedures and objectives. Recommendations regarding the resolution of internal affairs complaints and employment actions are appropriate for maintaining department discipline and credibility. Actions are consistent with city personnel policies and collective bargaining agreements. Must maintain the physical and mental fitness needed to perform the duties of a police officer. Must meet the performance criteria set for a police officer. Qualifications A. Considerable knowledge of all areas of department responsibility. Must have thorough understanding of administrative philosophies, police policies, and procedures as they relate to officer conduct, administrative concepts, federal, state, and local laws. page 48 B. Experience in police supervision is required. 3 years of progressively responsible supervisory experience as a Police Sergeant. C. Bachelor's degree in law enforcement or closely related field. D. Minnesota POST licensed peace officer or ability to obtain in agreed upon time frame. E. Ability to clearly and consistently document. F. Valid Driver's license. Desired Qualifications G. Master's Degree in police/public administration. H. Certificate from Minnesota Bureau of Criminal Apprehension in police supervision and management. Certificate from nationally recognized police training center. I. Ability to communicate effectively orally and in writing. J. Experience in supervising and coordinating the work of an operating unit. K. Substantial ability to use research techniques and performance indicators in evaluating and recommending improvements in department operations. Knowledqe/Skills/Abilities Required A. Knowledge of the principles and practices of modern police supervision, administration and law enforcement methods and techniques. B. Knowledge of and commitment to the principles and practices of Community Oriented Policing/Problem Oriented Policing as a department philosophy and the ability to operationalize these principles and practices in day-to-day police work. C. Knowledge of city ordinances, state and federal statutes, including rules of arrest, and search and seizure case law. D. Knowledge of first aid and ability to respond promptly to emergency situations. E. Ability to plan, evaluate, instruct and prioritize the work of department members in a manner which will command their respect and result in a high level of performance within the overall framework of department goals and objectives. F. Ability to effectively utilize human relation skills in resolving disputes and similar problems through verbal and non-verbal communications. G. Ability to establish, maintain and promote cooperative and harmonious work relationships within the department, with other law enforcement agencies, with other city departments and the general public. H. Ability to communicate ideas and explanations clearly in English, both orally and in writing. page 49 I. Ability to adapt and react quickly to change and changing circumstances. J. Ability to work professionally with other employees and to deal with the public in a friendly and tactful manner. K. Ability to evaluate situations, improvise solutions with available resources and adapt to a changing environment. L. Ability to work with a minimal amount of supervision and complete assigned projects in a timely manner. M. Ability to work well under stress/pressure. Core Competencies by all City Employees: • Knowledge of work rules. Develops and maintains a thorough working knowledge of all city and applicable jurisdictional policies and procedures in order the help facilitate compliance with such policies and procedures by all staff members. • Develops respectful, cooperative and productive work relationships with coworkers, including the demonstrated willingness to help newer staff so their respective job responsibilities can be performed with confidence as quickly as possible. • Commitment to customer service. Demonstrates by personal example the service quality and integrity expected from all staff members. Represents Mendota Heights in a professional manner to the general public, employees and to other outside contact/constituencies in a manner that helps maintain and enhance Mendota Heights' reputation as well managed and citizen oriented. • Communication. Confers regularly with and keep immediate supervisor informed of all important matters pertaining to those functions and job responsibilities for which the employee is accountable. • Productivity and work organization. Demonstrate ability to plan, organize and accomplish work in a timely and efficient manner. • Problem solving and decision making. Exercise good judgment, analytical thinking, and independent thinking as it relates to departmental and city procedures, problems and policy interpretations. • Safety rules and procedures. Develop knowledge of and observe the safety policies and procedures of the city. Perform tasks in a safe and efficient manner while using appropriate safety equipment, clothing and devices. Safety Policy It is the responsibility of every employee of the City of Mendota Heights to know and observe the safety policies and procedures of the city. Each employee is expected to perform their tasks in a safe and efficient manner while using appropriate safety equipment, clothing and devices. Miscellaneous Information Must satisfactorily pass a criminal background examination. page 50 Physical Activities/Requirements Overall Physical Strength Demands Sedentary Exerting up to 10 lbs. occasionally or negligible weights frequently; sitting most of R = Rarely the time. 2/3 or more of the Light Exerting up to 20 lbs. occasionally, 10 lbs. frequently, or negligible amounts Never Occurs constantly; Sitting most of the time. Frequently requires walking or standing. Medium Exerting 20 — 50 lbs. occasionally, 10 — 25 lbs. frequently, or up to 10 lbs. constantly. Frequency Code Heavy Exerting 50 — 100 lbs. occasionally, 25-50 lbs. frequently, or up to 10-20 lbs. Directing traffic flow, assisting at community events. constantly. F ✓ Very Heavy Exerting over 100 lbs. occasionally, 50 — 100 lbs. frequently, or up to 20-50 lbs. During regular police activities and training, foot patrol constantly. O Physical Demands C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the From 1/3 to 2/3 of Up to 1/3 of the Less than 1 hour Never Occurs time. the time. time. per week. Physical Demands Frequency Code Example Standing F Directing traffic flow, assisting at community events. Sitting F Squad car, workstation Walking F During regular police activities and training, foot patrol Lifting O Transporting essential gear and emergency equipment, assisting others by lifting victims onto gurney cart Carrying F Equipment, victims Running F Foot pursuits Pushing/Pulling F Vehicles, debris, individuals in custody, doors Reaching F Retrieving items within workstation or vehicle such as radio, firearm, other essential equipment Handling F Suspect search and frisk, driving, firearms use or checking for vital signs when rendering medical assistance Fine Dexterity F Computer keyboard Kneeling O Firearms training, to assist at accident scene, gathering evidence Crouching O Firearms training, to assist at accident scene, gathering evidence Crawling O Firearms training, to assist at accident scene, gathering evidence Bending F Firearms training, to assist at accident scene, gathering evidence Twisting F Getting in and out of squad car Climbing O Climbing stairs, scaling walls and fences Balancing F Fences, ladders, stairs, Vision C Reading reports, monitoring patrol area, identify cars and suspects. Computer screen. Hearing C Monitoring radio communication, answering inquiries from page 51 Machines, Tools, Equipment and Work Aids Police vehicles, firearms, radio, camera, digital recorder, finger printing kit, measuring devices, smartphones, uniform, computer, bicycles, impact weapons, first aid kits and all other police related equipment used for police service. Environmental Factors D = Daily W = Several times the public, taking statements Talking C Conducting interviews and investigations, communicating per week per month with the public. Foot Controls F Driving Squad car Other (specify) F The individual may encounter stress and pressures from Extreme Temperatures S Vehicle X Electrical Hazards W dealing with emotional issues and conflicts. Machines, Tools, Equipment and Work Aids Police vehicles, firearms, radio, camera, digital recorder, finger printing kit, measuring devices, smartphones, uniform, computer, bicycles, impact weapons, first aid kits and all other police related equipment used for police service. Environmental Factors D = Daily W = Several times M = Several times S = Seasonally N = Never per week per month Health and Safety Environmental Factors Primary Work Location Mechanical Hazards W Dirt and Dust W Office Environment X Chemical Hazards W Extreme Temperatures S Vehicle X Electrical Hazards W Noise and Vibration D Outdoors X Fire Hazards W Fumes and Oder W Other Explosives M Wetness/Humidity S Communicable Diseases D Darkness or poor lighting D Physical Danger or abuse D Other (specify): Work Schedule Possibilities Typical 40 hour work week ✓ Work on Weekends ✓ Rotating Shift Work ✓ Overtime ✓ 9.5 Hour Shift Work ✓ On call/call out ✓ Work on Holidays Employees performing the duties of this job will frequently work in outside weather conditions. Office environment work is performed in a well -lit, well ventilated and temperature controlled office. Noise level in the work environment is usually moderate. Protective Equipment Required Hazardous material and biohazard personal protective equipment, bullet proof vest, respirators, eye & ear protection, firearms, pepper spray, baton, EMD, handcuffs, rain gear, and various immunizations. Non-physical Demands include Continuously Frequently Occasionally Rarely Never 2/3 or more of the From 1/3 to 2/3 of up to 1/3 of the Less than 1 hour time the time time per week Time Pressures - Occasionally Emergency Situations - Frequently Frequent Change of Tasks - Occasionally Irregular Work Schedule/Overtime - Frequently Performing Multiple Tasks Simultaneously - Frequently Working Closely with Others as Part of a Team - Frequently Tedious Work - Frequently Noisy/Distracting Environment - Frequently Other: page 52 The above description is intended to describe the general functions, skills and knowledge of the person assigned to this job. These examples are intended only as illustrative of various types of work performed, and are not all inclusive. The employee may be required to perform other related duties as assigned. The job description is subject to change as the needs of the employer and requirements of the job change. JH:\job descriptions\police\Police Captain Position Description.doc page 53 Draft POSITION TITLE: COMMUNITY SERVICE OFFICER DEPARTMENT: ACCOUNTABLE TO: STATUS: POLICE SERGEANT Non-exempt PRIMARY OBJECTIVE OF POSITION page 54 DATE: xxxxxxxxxxxx REVISED: May 2016 DIVISION: PATROL Performs non -sworn police related tasks which include animal control, code enforcement, crime prevention; parking enforcement; bicycle patrol and bicycle safety and miscellaneous public service calls. Position involves high public contact. This is an entry level and highly responsible position in the Police Department which performs complex duties. This position will involve shift work, including nights, weekends and holidays. While performing the duties of this job, the employee may wok in all weather conditions, or may work inside in the office or in the holding facility in direct contact with persons who have been arrested or detained. Typical duties may vary from routine, non -sworn police work to highly complex tasks. Community Service Officer (CSO) assignments not to exceed three years. MAJOR AREAS OF ACCOUNTABILITY • Enforce applicable ordinances and statutes pertaining to animals; performs various animal control duties. • Performs motorists assists including vehicle lockout. • Completes reports as required. • Conducts speed and traffic surveys. • Assists with public relations events and presentations. • Assists patrol officers with various duties as directed. • Assists in servicing and maintaining police vehicles and equipment. • Assist in recovery and inventory of lost, abandoned and confiscated property. • Assists with reception -type duties; answers telephones, customer service requests at front counter. • Investigates and enforces city ordinance violations related to property maintenance and outside storage. • Performs other duties and assignments as directed. NECESSARY KNOWLEDGE, SHILLS AND ABILITIES: • Working knowledge of English, spelling, grammar, punctuation and vocabulary so as to write legible and comprehensible reports. • Demonstrated ability to communicate orally and in writing. • Ability to learn applicable laws, ordinances, and department rules and regulations. 0 Skill in operation of listed tools and equipment. page 55 • Ability to establish and maintain effective working relationships with supervisors, officers, and other department employee QUALIFICATIONS • 18 years of age or older. • Interest in law enforcement; presently enrolled in a P.O.S.T. accredited law enforcement program. • Valid Minnesota's Driver's License. • Graduation from high school or GED equivalent. • Successful completion of background investigation, psychological evaluation and physical. • No criminal convictions for any felony, any gross misdemeanor, or misdemeanor assault. • Ability to maintain a positive image to the public. • Ability to exercise sound judgment in evaluating situations and inm aking decisions. • Ability to act in a courteous, professional manner with colleagues and the public Miscellaneous Information Must satisfactorily pass a criminal background examination. Safety Policy It is the responsibility of every employee of the City of Mendota Heights to know and observe the safety policies and procedures of the city. Each employee is expected to perform their tasks in a safe and efficient manner while using appropriate safety equipment, clothing and devices. Miscellaneous Information Must satisfactorily pass a criminal background examination. Physical Activities/Requirements Overall Phvsical Strength Demands Sedentary Exerting up to 10 lbs. occasionally or negligible weights frequently; sitting most of the time. Exerting up to 20 lbs. occasionally, 10 lbs. frequently, or negligible amounts Light constantly; Sitting most of the time. Frequently requires walking or standing. Medium Exerting 20 — 50 lbs. occasionally, 10 — 25 lbs. frequently, or up to 10 lbs. constantly. Heavy Exerting 50 — 100 lbs. occasionally, 25-50 lbs. frequently, or up to 10-20 lbs. constantly. ✓ Very Exerting over 100 lbs. occasionally, 50 — 100 lbs. frequently, or up to 20-50 Heavy lbs. constantly. page 56 Physical Demands C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the From 1/3 to 2/3 of Up to 1/3 of the Less than 1 Never Occurs time. the time. time. hour per week. Physical Demands Frequency Code Example Standing F Directing traffic flow, assisting at community events. Sitting F Squad car, workstation Walking F During regular police activities and training, foot patrol Lifting O Transporting essential gear and emergency equipment, assisting others by lifting victims onto gurney cart Carrying F Equipment, victims Running R Foot pursuits Pushing/Pulling F Vehicles, debris, individuals in custody, doors Reaching F Retrieving items within workstation or vehicle such as radio, firearm, other essential equipment Suspect search and frisk, driving, firearms use or Handling F checking for vital signs when rendering medical assistance Fine Dexterity F Computer keyboard Kneeling N Firearms training, to assist at accident scene, gathering evidence Crouching N Firearms training, to assist at accident scene, gathering evidence Crawling O Assist at accident scene, gathering evidence Bending O Assist at accident scene, gathering evidence Twisting F Getting in and out of squad car Climbing R Climbing stairs, scaling walls and fences Balancing R Fences, ladders, stairs, Vision C Reading reports, monitoring patrol area, identify cars and suspects. Computer screen. Hearing C Monitoring radio communication, answering inquiries from the public, taking statements Talking C Conducting interviews and investigations, communicating with the public. Foot Controls F Driving Squad car Other (specify) F The individual may encounter stress and pressures from dealing with emotional issues and conflicts. Machines, Tools, Equipment and Work Aids Police vehicles, radio, first aid equipment, camera, digital recorder, finger printing kit, measuring devices, smartphones, uniform, computer, bicycles, and all other police related equipment used for non -sworn police service. Environmental Factors D = Daily W = Several M = Several times S = Seasonally N = Never times per week per month page 57 Health and Safety Environmental Factors Primary Work Location Mechanical Hazards Dirt and Dust Office Environment W W X Chemical Hazards Extreme Temperatures Vehicle W S X Electrical Hazards Noise and Vibration Outdoors W D X Fire Hazards Fumes and Oder Other W W Explosives Wetness/Humidity M S Communicable Diseases Darkness or poor lighting D D Physical Danger or abuse D Other (specify): Work Schedule Possibilities Typical 40 hour work week ✓ Work on Weekends ✓ Rotating Shift Work ✓ Overtime ✓ 9.5 Hour Shift Work ✓ On call/call out ✓ Work on Holidays Employees performing the duties of this job will frequently work in outside weather conditions. Office environment work is performed in a well -lit, well ventilated and temperature controlled office. Noise level in the work environment is usually moderate. Protective Equipment Required Hazardous material and biohazard personal protective equipment, bullet proof vest, respirators, eye & ear protection, firearms, pepper spray, baton, EMD, handcuffs, rain gear, and various immunizations. Non-physical Demands include Continuously Frequently Occasionally Rarely Never 2/3 or more of From 1/3 to 2/3 up to 1/3 of the Less than 1 hour the time of the time time per week Time Pressures - Occasionally Emergency Situations - Frequently Frequent Change of Tasks - Occasionally Irregular Work Schedule/Overtime - Frequently Performing Multiple Tasks Simultaneously - Frequently Working Closely with Others as Part of a Team - Frequently Tedious Work - Frequently Noisy/Distracting Environment - Frequently Other: The above description is intended to describe the general functions, skills and knowledge of the person assigned to this job. These examples are intended only as illustrative of various types of work performed, and are not all inclusive. The employee may be required to perform other related duties as assigned. The job description is subject to change as the needs of the employer and requirements of the job change. Cooperative Participation by Type & Activity Date: November 12, 2015 To: Administrator McNeill From: Mike Aschenbrener, Chief of Police Emergency Manager Rescinds: RE: Cooperative Participation by Type & Activity Informally Shared Activities: MH WSP Chaplains: Requires quarterly meetings, policy development and review. MH WSP Citizen's Academy: Requires annual planning meeting review, approval and time. Joint Training: MH WSP IGH Use of Force & Firearms MH WSP IGH SSP Police Fire & EMS for Active Shooter Each agency provides, officers who are trained to an instructor level they then instruct across each of these disciplines. We cost share the programs and 'generally keep costs to the barest minimum. MH Traffic Safety Committee: Police, Fire, Engineering, Council, Planning. Joint Power's Agreements (JPA): formally authorized by Council DCTSCJPA Toward Zero Death (formerly called Safe and Sober): Reimbursements based on participation approximately $20,000 annually Match funds up to $5,000 of officer time. Officers who participate are trained to meet the federal grant requirements. DC Police Mutual Aid JPA: 10 year renewing mutual aid agreements covering police services. DCDPCJPA Dakota County Domestic Preparedness Committee: Participation costs $3476 in 2015 along with a commitment to participate in planning and mitigation meetings, grant applications, provide membership to the Special Operations Team (SOT), First Responders Group, Exercise Design 1 Cooperative Participation by Type & Activity Team for planning all Dakota County Emergency Management exercises all qualified members of the SOT are eligible to serve on: MN Task Force 1— Is a statutorily created Urban Search and Rescue team made up of highly trained firefighters, police officers and paramedics who perform in a wide variety of disciplines. These disciplines include: Search Specialists, Heavy Rescue Specialists, Haz-Mat Specialists, Medical Specialists, Heavy Riggers and Structural Engineers. MN -TF1 draws these specialists from several public safety organizations including DC SOT (they responded to the Lilydale landslide). MAAG JPA Mutual Aid Assistance Group: County wide SWAT with the exception of Burnsville and. Eagan Police 2015 cost is $8,000 along with assigning two members of the department to the team. We cover all personnel and insurance costs. The team trains monthly and specialty members train every two weeks. LOGIS Local Government Information Systems: They provide technical assistance and services to the PD and City such as access to the internet, firewall support, CAS and FBI compliance, routing and data support, support the mobile client in the squad cars along with the reporting software associated with the computer aided dispatch system. DCLEA RMS Dakota County Law Enforcement Association Records Management System (RMS) A group of eight police departments and the county who joined together to leverage buying power to purchase a police records management system. Cost is $14,000 for the RMS, $4,000 for the data storage in a redundant server farm along with $7,000 for a support person. (Estimated $15k cheaper than using (LOGIS) DCC Dakota Communications Center: The joint powers entity that runs the county wide dispatching for police and fire, they do not dispatch ambulance but do provide medical triage by phone cost of participation for the Police Department is $212,000. We are then committed to have an elected official serve on the BOD and assign staff to: Executive Committee: City Administrator LE Ops: Police Chief FD Ops: Fire Chief Joint Ops: both Chiefs Radio Users Group: Sgt DCDTF Dakota County Drug Task Force: We provide 520 hours of service to the task force and have a seat on the board of directors. When we originally signed on with this JPA the city did commit to 2 Cooperative Participation by.Type & Activity providing a person, 1 FTE, to be assigned to the taskforce. The position was never funded and we have never honored the commitment. DC ECU Dakota County Electronic Crimes Unit: We pay $15,000 to be a member of this newly formed JPA. (We had one case a CSC involving a JV that they spent over 200 hours working on for the electronic piece.) We have a seat on the board of directors. Should we ever become fully staffed with two investigators again it would be my desire to assign an investigator half time to the unit. New 2014 Safe Harbor Law: Operation Angel juvenile prostitution arrests. With the initial work done by the ECU and the Dakota County Faith Community spear headed by the Hastings and Rosemount groups it was determined that underage prostitution is a big problem in Dakota County this ties in with the human trafficking initiative across the state. Based on ECU intel three operations were run resulting in the arrest of multiple parties for attempting to have sex with juveniles. We agreed to participate in two or more 1 day operations in MH. DC Drug Disposal: Under a 2013 JPA agreement with Dakota County Environmental Services we provide a drop box for drugs in our lobby. There is no cost for the box but we are committed to follow a very rigid set of standards for collection and weighing of the drugs: Formally Authorized by Statute: DPS BCA: JPA with Department of Public Safety Bureau of Criminal Apprehension They provide us secure access to the internet and to the Criminal Justice Information Network we have a signed JPA for each service provided. They subsidize our internet access fees but do charge for device management. They provide all of the rules and structure necessary for compliance at both the state and federal levels. HealthEast Ambulance (PSA License holder): They provide both BLS and ALS service for the City along with Medical Direction for both Police and Fire (without no use of AED's or 02 on medicals). We meet with them quarterly to review service delivery. Fire provides indoor parking and bunking/housing for medics. Contracts for Service: City of Mendota: Formula based contract roughly 2.7% (varies yearly). City of Lilydale: 7.4% of total budget. 3 Cooperative Participation by Type & Activity ISD 197 School Resource Officer: Contracts for 9/12 of an officer based on actual costs plus agreed upon expenses. 800 MHz Radio Operations with Dakota County Radio Services: We have a contract.with the county to provide connectivity to the State 800 MHz radio system and maintain the radios to specifications as required by the Emergency Services Radio Board. Emergency Management Contract with Dakota County Sheriff: Contract for service with the Dakota County Emergency Manager to ensure that we compliant with all state and federal rules for Emergency Management. We pay $5,000 for these services. CHIN Service Group of Criminal Justice Agencies in Dakota County governed by an executive committee providing a variety of information exchange services: This is a group of criminal justice entities including law enforcement, probation, courts, attorneys and the jail. The primary purpose is to enhance the exchange of information across the criminal justice system in an efficient manner to improve safety. The group focuses on integration and information exchanges by automating processes. The first quarter MHPD transferred over 1400 documents that would have required movement by other methods such as personal delivery, fax or mail. We pay $9,750 per year to be a member of the organization. Services include records search, a variety of forms that are interactive with other required forms, an electronic briefing board, scheduling software, auditing, MBHRB Metro Bow Hunters Resource Base By council resolution the MBHRB is authorized for 5 years to conduct hunts on both public and private property in an attempt to control the deer population. The existing agreement extends through the 2016 hunt. We work with the MBHRB to designate the property to be hunted, post the public areas to be hunted, intermediary the private property, issue identification to the hunters. Contract along with other metro cities to count deer populations by air. 12 S ƒ C) .§ R U) Q � \ § r o «0 / $ E § b 0)— k a) � !E» 0) \>o (n C) m LO � � 0) O U) e \ NT 7 E o o -E E @ate -E g �.@ e m § tm " \ e £ o 4 / 0 C:U) —0 a) � � q CD (D ' g k0 CE % t / / E = 2 0/ g " o cn / § 2 % 2 §b \-E E _ � k k m E \ C 20 -00 ƒ�//� N §- @ @ 7 7 \ # @ E.g � @ 7 e £ =£e0->om §C)mo m¥ § Q § ¥ b 3 R 0 w § r § E § E/ % k r R C- g ® ® / 3 / 2 % N \ ?: E � 7§C.%— a E ± n.9 e B\ R R 7 e£ o $� o.@ c a\ 0- D w R/ o£» �q ƒ �Cco of own-sw co -j�m�G�T- M=��2N�c A` W xouN WIC -Q Jawed @4uad Aoae ao4euwpaooD jj@c 1@4uad Apued J1 1\ saoina@S aaa4unlOA Sanaasab c c LL 0) E U F O Qf C 1+ , L O Q C N i v)o-CD N + O C L) a Y 5;u N ? Q O N u L L u v v L C O U c fu 0 L L Lu i ) u C W O ac CL a�= a (p auci o 0 0 T Q) Q) f nU u o m o 0 m Q) J O.i J u C L cn J aU CL, c a wo ; ED U U > U� °- L 1 U a>i O O O> CD u)O T fuU ma Lo -(.7 Ln u � L 0 L L Lu i ) u C W O ac CL a�= a (p auci O O o 0 0 0 oL a zi CL m aU nU u =3 Ln C N L u) cmo J f0 J m C L cn J ro Y a for E m ; 0 L (O O� o '" °- L 1 U a>i O O O> CD u)O T fuU Lo -(.7 Ln u Lu L (n O Q u C Ln I— m °c 0 L L Lu i ) u C W O ac CL a�= a (p auci O O o 0 0 0 oL a zi CL m aU nU u =3 Ln C N L u) cmo J f0 J m C L a C M C L vu m'a ; 0—°°o o L (O O� o '" � � L 1 C Ld O O O> CD u)O T N > Lo -(.7 _ ) @r — (n L L L Lu L2)7 L 0 Z5 J Q u C O w. I— U Lf) O J > fO U -� N U O r c 0 0 m Q) J CL z 0 to C L a C M o ~ vu m'a ; 0—°°o o c O� o '" � � L 1 L O @ � L 2- - ca L C QL a 70> 0 ¢ L N Q O I— U Lf) U J 0 a--+ 0 to L C > o ~ L L la (L) v CY) N 4-, L Q _ U ro ro Vf'� (u W N U E C: 5 ru O L- u 0 W L w U)E O— a:3 OL U - :3 U) '0 0 Ln m > 0- —0 0 U m c 4 Ln 4.1 > Uto C- C " m O �N U) '' ..i =- WT- : a) U o > L � (1)M C j "O L .. N U) O U Ln c a M U w E41 .� (6 I- Lncn t�:' L �. w O cn W u) 0 o Ln (U a. av a a, N ;U) V) o O N E41 .� (6 I- Lncn Lco L �. w O -o.2 °j u EE 4.1 o L N (a E a Ql C .^-� o O N m� Ln Dv 0v D.O �' C ~ C C m E c U 0 C- c.U) E Ea n L o L uN O .. �a� , corn M v h m Un O UCL a E C L E a E furn co °)_ _ b Bch N. 10.E :mom �.. I- inLn° 0 9 �C�,�C�o �IACooC�Yll �oim�����f��iio�■v 9 ��'�■iwm°��'�iiooimm!�� 19C�'iINlConiii'�olill�m THE IDEAL CANDIDATE Education and Experience Candidates for the position of Executive Director must hold a Bachelor's degree from an accredited college or university in Public Administration, Business Administration, Information Systems Management, Criminal Justice, Emergency Management or a closely related field and possess five years of progressively responsible supervisory experience in a government public safety environment. Desirable qualifications include: A Master's degree in Public Administration, Business Administration, Information Systems Management, Criminal Justice, Emergency Management or a closely related field; advanced training and/or certification in public safety, technology or related fields; five years of director level experience in a large, governmentally -operated, public safety communications organization; and experience working for a joint powers or similar type of organization. Experience, Knowledge and Skills • Demonstrated success as a strong leader and supervisor or manager in a public safety communications center of similar size and complexity preferred. • Experience and knowledge of CAD systems; call processing protocols; interoperability and complex emergency dispatch protocols as applied to low enforcement, fire and EMS in a metropolitan and semi - rural environment with both career and paid on-call public safety personnel. • Knowledge of development, implementation and maintenance of geographic data base information. • Knowledge of management/supervisory principles and practices. • Knowledge of federal, state and local laws and regulations related to public safety communications systems. • Thorough understanding of law enforcement fire and EMS operations. • Proven people -management and budgeting skills. • Knowledge of available federal and state funding through grants and other sources. • A strong commitment to diversity in hiring and in the community. • Broad supervisory experience and knowledge of human resource activities including union labor relations, pay plans, benefits, insurance and workers compensation administration. • Excellent oral and written communication skills. • Strategic thinking, planning and process improvement skills. • Ability to envision and achieve desired outcomes through clearly defined programs and initiatives and to convince others that the selected course of action is the appropriate one. • Expertise and demonstrated experience in intergovernmental relations. • Demonstrated self-confidence. • Willingness to listen, to be approachable and to take time to understand needs and situations. • Excellent negotiating skills. • Experience with project management, working successfully with vendors and writing requests for proposals. Management Style, Abilities and Personal Traits • Unquestionable ethics and high moral character. • Excellent facilitation skills. • Excellent interpersonal skills. • Ability to proactively identify the DCC's needs and develop effective solutions. • Innovative and collaborative style that values input from diverse perspectives. • Ability to communicate effectively and credibly with the board, committees, councils, public, staff, emergency personnel, press and others. • Training and teambuilding skills. • Professional manner with a deep sense of customer service. • Ability to build coalitions within the member entities and the larger community. • Ability to focus on leadership and management of the organization including inspiring and mentoring staff, treating all staff with respect and valuing their input. • Ability to be politically savvy without being political. page 58 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.irendota-helghts.com s CITY OF MENDOTA HEIGHTS REQUEST FOR COUNCIL ACTION DATE: May 24, 2016 TO: Mayor, City Council, and City Administrator FROM: John R. Mazzitello, PE, PMP, MBA — Public Works Director/City Engineer Mark McNeill — City Administrator SUBJECT: Water Fund COMMENT: INTRODUCTION Council is asked to discuss and provide guidance to staff on: - Utilization of funds in the existing City Water Utility Fund - The continuation, discontinuation, or modification of the 10% surcharge currently being charged on water bills by Saint Paul Regional Water Service (SPRWS), and then is passed through to the City. - Other possible uses for the funds BACKGROUND With the impending transfer of ownership of the water storage and distribution system to Saint Paul Regional Water Service (SPRWS), the City of Mendota Heights will no longer need to fund capital improvements to the City's water system. Past capital funding requirements had established a Water Utility Fund that accumulated revenues from cell tower leasing payments and a 10% surcharge on the SPRWS quarterly water bill. As of the end of 2015, there is a balance of $1.4 million in the Water Utility Fund. Revenues include an estimated $220,000 per year in surcharge revenue, and an additional $120,000 per year in cell tower lease revenue. That cell tower lease revenue will decrease to approximately $60,000 per year in 2022. EHLERS REPORT In February, 2016, Council heard a draft report from Ehlers regarding the long-term financial plan for the City. The report provided information, and requested Council direction on seven issues (see attached). Relevant to this discussion are issues: 2. Utility Fee/Surchary_e • Continue to collect to assist in paying for equipment and facility needs; OR • Discontinue and finance needs through tax levy 3. Water Tower and Water Revenue Fund Balance page 59 • Use all or portion to pay for utility needs; OR • Use none and just keep in Fund 4. Fire Station • Use of Water Tower fund balance to "buy down" debt required • Timing—push out to 2018 to relieve 2 year in a row higher increase in taxes 5. Fund Balance • Capital Equipment Recommended target Fund Balance --$315,000 • Capital Improvements (Facilities Reserve Fund) Recommended target --$330,000 DISCUSSION Issue 5 is connected to Issue 2. The Ehlers report outlines utilizing the $1.2 million balance from the Water Fund (the combined Water Tower and Water Fund is $1.5 million) to provide a consistent source of funding for two funds: • Capital Equipment Fund • Capital Improvements (Facilities Reserve) Fund One option Ehlers recommended by retaining the 10% water bill surcharge as additional revenue was to put 100% of that into the equipment fund for 2016 and 2017 (bringing the uncommitted fund balance at the end of 2017 to $440,000). After 2018, it could be split 50150 into the two funds. However, Ehlers also recommended putting 100% of the cell tower revenue for 6 years ($120,000 annually) into the equipment fund—again, that amount decreases to $60,000 at the end of six years. At the end of 2017, that would mean a balance of $680,000 in the Equipment Fund, but only a relatively small levy amount for the Facility Reserve Fund. As an alternative to fund both of these funds, staff recommends the $120, 000 per year from the cell phone income to go into the Capital Equipment Fund, and that the Facilities Reserve Fund be funded with two years of funding from the Water Surcharge. That way, at the end of 2017, the unencumbered balance in the Equipment fund will be $240, 000; the Facilities Reserve Fund will be $440, 000. For each year thereafter, the surcharge and cell revenue would be split, meaning that each would be increased by $170,000 each year for four years. After 2021, when the cell revenue is reduced to $60, 000 annually, each fund would increase by $140, 000. To generate the same annual $220,000 which is currently coming from the surcharge through a property tax levy would increase property taxes by $34 annually on an average value home ($334,700) An alternative to consistently funding these two accounts, utilizing the Water Fund balance instead could fund larger scale projects that currently have insufficient revenues to cover their expense (Issue #3). An immediate example would be funding the sump pump inspection program, which currently does not have a full funding mechanism and is a one-time expense. Issue #4, buying down the cost of the fire stations (thus decreasing the reliance on property taxes to totally fund the project) would mean a reduction of $1.25 annual property tax payments for every $100,000 that is reduced through subsidy from the Water Tower fund. page 60 BUDGETIMPACT Budget impacts would depend on how Council chooses to handle the Water Fund balance and the surcharge revenue. Not utilizing the Water Fund balance and/or the water surcharge would require that other revenues be used to fund the Equipment Replacement and Facility Maintenance Funds as recommended by Ehlers. Utilizing these funds could, potentially, reduce the need for future property tax increases and other revenue sources. A sample residential water bill for two adults and one child in Mendota Heights (winter usage) was $54, plus fees not counted in the usage charge. Added to that is the surcharge of $5.40 Again, Ehlers recommends retaining the entire 10% surcharge; however, if the Council wants to reduce the amount of the surcharge, a possible 25% reduction (to a surcharge of 7.5%) would reduce the sample quarterly fee to $4.05. That would generate approximately $176,000 annually. RECOMMENDATION Staff recommends Council consider utilizing the Water Fund balance to provide consistent funding for two different funds: the Capital Equipment fund, and the Capital Improvements fund as recommended in the draft report from Ehlers. Staff further recommends Council consider retaining the 10% surcharge on the City's water bills as a revenue source deposited into the Infrastructure Fund for future infrastructure needs. page 61 (45"U Z LL W " m J= z _ w w 0 W¢ J wi a) 0 m O (D ._ x� O a o _ I Q > W }r � X r of 0 O L(� O M N \ �\ °> c = ti c c _ LL 0 CD 4--ooui e m O v WcL _0 T- T" I a (B U 45 m N C O MN _ O ai O ca Q') n N O N O i A Q N ON 0 O I = I I I I EL I I LL I LL UN M to ti page 62 U Z � Z Q `/ W I J 07 JZ .� E � to L� L L 0 V _° EEK _ •- y-- MEMO� o° L O � CD O o ._ 0-0 RENEE =3 cn v _ E U- U)�� — s .>,,L.ca ■- O L CL LL -O •- V — r MENNEN i LEE ° o Co 0 U)° CL m -�NIEMEN (n LO E r. � > aa)i O CL -� U) •— O :t:� L a X C +� V L) I I I I C� to Z O I LL r CV M m 4 4i MI c6 page 63 O 0 � V v i s � V♦ V � LL �+ cn � � L 4 4i MI c6 page 63 O 0 N C� Q U) O CL r page 64 x x x x x X x x x X x x x x x rl N M d' LA C C C C O O O O O 0 0 0 0 0 page 64 W 7@ U) m co O T 0 M N � O N O (N N }, CL W C: O m m ti CY) i o O c Q . r r O T 0 M N � O N O (N N }, C: C m m ti CY) o O O N N r Q o0 U page 65 page 66 to W U Z Q L� WJ m Z N K W Wa J lu O � W) tot)' O 0O O L U> oo a) a) L 0 Y ♦ ^ �� O Q � O \ ^^/,, W L L .N U � (n O v0i 0 L N 00 p p m N m a) .Q }+ U O Q `)p C oa) U 70 U -0 n, L � c - m CU L- 0 0 i� Lo I C mLL.. , C:Q1 (� N N U 70 N 70 O L 0 0 p 0 Li p U ' page 66 to W U Z Q L� WJ m Z N K W Wa J lu N a 4) 1 r O CL0 13 LL 0 H L L m s V L LE 2 r LM ft -ft' O O CN N 40 - LO CL U) r O N ca 0 N � - L Co ''--' -0 N � E N � o � C �U r � Q m LL . N page 67 Q U co w Z a Z U Wm •V z U (� K W �—A, W W U / J _O m •m> E a > O .E Q. O CU E E Lo O -1--J L r . C > ._ O CU 4, m E E 7E O qrw Cu L- > O CL Q N Q Q AM, LL M W E O ._ - a) U o a� �Ma) 4-1 X '0 O L- .— O Q E O Q. N O � M > 6F} c O L U) Q O � L U O 0 U) N 4- � o � o O -~ LO 'V N � M O .O U) a r L) > ~ r � 0 a) -� �W V LU Q Q Z O > � O N ti LL X }' O O O � Z .� O aaCL (n O LU O O � = O O I— � N ' (c page 68 E D m O1 (a O cn m LON a) E �X O 0- M . N N O O O O O 41 N O O O O O O N O O O O O N � O O O O O N CD 00 �t N N c I r -i t!)- 4-r� V} t/} 4j) - /}O N 0O O O O O O O O O O N O O O O O O O O O O N ci fn c -I c -i tl} O NO O O O O O O O O O O O O N O O O O O O O O O O O N N N d i- n O t/? t/) - G) O O O O O O O C) O O O O O O O O N O O O O O O O O O O O O N N N Zt r� N ri ro ri c -i ri Q)- t/} V)- i!} t/} V} i/} 00r -i O O O O O O O 0 O O O O O u") O O N O O O O N O O O O O O r -I O O N N d' 00 U) CD Lr) M N LO N O O O O O O O O O O O O O O L N 00 O O O O 00 O O O O Ol O tl) N N d' 00 r� (D d' N 1-i rn N i cn- vi 4f)- N � NLO C a � 41 N N E > m N N i i >W v3 L N � O a_ ry- aJ CITY OF MENEDOTA HEIGHTS MEETING DATE: May 24, 2017 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Village Lots Development Comment: Introduction: page 69 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.corn At the workshop meeting of May 24th, the Council will be presented with a concept proposal for a possible development at the three vacant lots at the Village at Mendota Heights. The Council will be asked to determine whether it wants to proceed with this development concept, or open it to others. Background: For several months, the City Council and staff have been considering options for the three remaining undeveloped lots at the Village, which fronts on Dodd Road. Staff explored the possible use last year of the site for a sit-down restaurant, but found that a business like that at that specific location would entail some aspect of risk for success. In addition, that type of use might not fit well as a neighbor to the surrounding residential properties. More recently, staff has been in contact with Ross Fefercorn, developer of the Village at Mendota Heights, and Mendota Heights Town Center, about the continuation of a type of residential development which would fit with the MUPUD concept. Mr. Fefercorn will have a concept plan and a short narrative about his proposal which will be distributed at the May 24th workshop meeting. The question for the Council at the workshop will be to get direction as to whether the Council wants to pursue this concept with Mr. Fefercorn, or seek other proposals? Pursuing the Fefercorn option will provide the highest level of assurance that the high level of development standards of the Village will be attained. However, if it is felt that other ideas should be pursued, a Request for Proposals could be sent out. Last year, Planner Nolan Wall drafted an RFP which could be used, should the Council choose to solicit other proposals. The Council will be asked to respond to that. page 70 Note that there has been a question raised previously as to whether the Contract for Private Redevelopment between the City and the developer of the Village and Town Center obligates the City to proceed with that developer, or would allow for a new entity to enter the picture. More research will be needed on that. Action Required: The Council is asked to review the proposal, and give direction as to whether it is interested in pursuing the Fefercorn proposal further, or seek other proposals for development. Mark McNeill City Administrator page 71 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com MJCITY OF MENDDTA HEIGHTS 2 Letter of Interest for Development Partner 3 Village at Mendota Heights — City -owned Parcels 4 5 6 Objective 7 8 The City of Mendota Heights is seeking a real estate development partner to collaborate on a plan to develop the last 9 remaining vacant parcels within the Village at Mendota Heights. It is important to the City and community that the parcels 10 be developed in synergy with the existing development while being positioned for success in the current marketplace. 11 12 Background 13 14 Mendota Heights is an inner -ring suburban community located in northern Dakota County along the bluffs surrounding 15 the Minnesota and Mississippi Rivers which features high-quality residential and business developments. The City is well - 16 positioned just minutes south of both downtown St. Paul and Minneapolis with convenient access to the regional highway 17 system and MSP International Airport (see Exhibit A). 18 19 The Village at Mendota Heights is an award-winning 23 -acre mixed use development located at the northeast quadrant 20 of the intersection of Dodd Road (State Highway 149) and State Highway 110. The development contains the following 21 uses and amenities (see Exhibit B): 22 23 • Diverse mix of retail/office space (single and two-story) 24 • On -street and underground public parking facilities (approximately 400 spaces) 25 • 36 -unit condominium units (2 buildings) 26 • 20 row homes (3 buildings) 27 • 60 -unit senior apartment building (owned and operated by the Dakota County CDA) 28 • Market Square Park (0.24 -acre open space with fountain) 29 • River to River Greenway Trail connection (regional trail) 30 31 The Final Planned Unit Development (PUD) Plan was approved in 2003 and constructed in phases. The city -owned parcels 32 were designated as "row homes" with underground parking in the Final PUD (see Exhibit C) and include the following: 33 Parcel ID Plat Description Size (acres) 27-48335-03-020 Lot 2, Block 3 0.79 27-48335-03-010 Lot 1, Block 3 0.48 27-48335-02-010 Lot 1, Block 2 0.45 34 35 The entire Village at Mendota Heights development is zoned Mixed Use -PUD. The City is open to considering a change in 36 use or density from the approved plans, which will require an amendment to the Final PUD Plan in compliance with Title 37 12, Chapter 1, Article K of the City Code and approval by the City Council. As part of the original approval, design guidelines 38 were also established for the entire area that need to be considered as part of any proposed development. 39 40 41 42 43 44 45 46 47 48 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 page 72 Development Vision The City Council has informally discussed the intended vision for development of the city -owned parcels at recent workshops. At this time, the City is soliciting interested development partners for the following development scenarios: 1. Townhome/Row Home Units (owner -occupied) 2. Condominium Units 3. Apartments 4. Office (single or multi -tenant) Submittal Requirements Interested partners should submit a Letter of Interest (10 -page limit) including the following information: 1. Name, address, telephone number, and email addresses of the project team. 2. Brief resumes and roles of key personnel, including relevant experience partnering with government agencies. 3. Project examples, preferably demonstrating successful public/private partnerships. 4. General statement of interest in a partnership with the City to implement a shared vision. 5. Concept Plan that identifies a preliminary site layout based on the intended use of the parcels. 6. Preliminary work plan that outlines key steps and timelines in the development process. 7. Any additional information that should be considered in evaluating the proposal. An electronic copy and ten (10) hard copies must be submitted by 4:30 PM on Friday, Month ##, 2016 to: City of Mendota Heights ATTN: Nolan Wall, City Planner 1101 Victoria Curve Mendota Heights, MN 55118 nolanw@mendota-heights.com Selection All complete submittals received prior to the deadline will be reviewed by the City Council. Submittals will be evaluated based on professional capabilities and demonstrated experience partnering with local governments to develop successful projects based on a shared vision. The City will determine which respondents, if any, to invite for follow-up interviews and presentations before the City Council in a timely manner. The City intends to select a "Development Partner" for the parcels and enter into a pre -development agreement to negotiate the terms and sale price as soon as possible thereafter to begin the development process. Terms The request for Letters of Interest in no way obligates the City to enter into a contract with any respondent; nor does it limit the City from entering into a contract with an entity that does not respond to this request. Furthermore, the City may pursue discussions with one or more respondent to this request, or none at all, and reserves the right, without prejudice, to reject any and all responses and at any time without notice and without cause. The City will not reimburse the respondent for expenses incurred in response to this Letter of Interest. Questions regarding this Letter of Interest can be directed to Nolan Wall, City Planner at 651.255.1142 or nolanw@mendota-heights.com or Mark McNeill, City Administrator at 651.255.1153 or markm@mendota-heights.com. Brook n,Center 1 I I aint LPp uis Park L_, Fdlna EXHIBIT A: Regional Location 10/2/2015 i Heigh Is New,Brigh ngrden I Sai Iht Anthony page 73 City of N Mendota 0 3 '` Heights I UMME MOM j Miles I Woodbury ---`L IF.\ JI )ort -------------------- � O —_j IV Bu nsville / Y I r - Savagel,_ \ pple Valley Rosemount I I I Hastings GIS Map Disclaimer: This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat, survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information contained in this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errors or omissions herein. If discrepancies are found, please contact the City of Mendota Heights. Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation. EXHIBIT B: page 74 y Village at Mendota Heights N -411 ' city of Mendota 1.72 Acres -Zoned MU-PUD o iso Date: 10/2/2015 Heights SCALE IN FEET — — 9j-1A77f. ,. LAND USES =�1A99 City Lots _ +�.� Condominiumsjr- ';r.d Senior Housing ILLTOP RD / s Row HousesRW «-' Office-Retail_= Office2� MEW ac Retail Park r ` i o i • ` �f... '/� '" MAPLE ST CO 1 i� f / \ J �� �`�` 7.02 1938 ��'<� °� % z 69.7: 7 ��� J �� — RIDGE P \ 1 ✓: % FIR E Y RD S i — 771 MARKET ST —. ------------------------------- \` ------------------------------------------------------------------------ HWY 110 ,e ._, ," s Aerometrics GIS Map Disclaimer: This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat, survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information contained in this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errors or omissions herein. If discrepancies are found, please contact the City of Mendota Heights. Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation. 3/31/2015 village -at mendota-heights-sitemap jpg (1300X965) J� r` d Linden r 7s5 ` Laos - t Linden I. r r s Lott, 4 �_ WW t IV- -S k Z, d: ��fFu�a�l re�i -r f 56 750 r 73 q�' r Girt 40 A 3 ( =' �I *11 Highway 110 i i _ I j _------- *-_ t-,�,- -._------- -." -- - - -`__ �- —" ,..:`-. �rt5 ..".'_•d t,{P-+• �"'4r fi s-` 'a :3s. c - -- httplAwm.villagemh.comfimagesA illage-at-mendota-heights-sitemap jpg page 75 761 page 76 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com mCITY OF: MEN MENDOTA HEIGHTS DATE: May 24, 2016 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Solar Garden Concept COMMENT: INTRODUCTION At the May 24 1h workshop meeting, the Council will receive information regarding a proposal to have the City participate in a 25 year agreement to be part of a solar garden partnership. BACKGROUND Recently staff received information from GreenMark Solar, a solar energy company, regarding the possibility of having the City of Mendota Heights agree to be a part of a community solar garden. In this, the City would agree to subscribe to a solar energy producing facility serving a variety of jurisdiction and entities (a "community solar garden"), which would be built, in this case, in Goodhue County. There is no cost to the City. The commitment would be for 25 years. The developer, GreenMark Solar, is one of only a very small number of companies which has received licensure to construct solar gardens in Minnesota. There are substantial tax benefits to the companies who construct these. Last year, following some initial legislation, there was a flurry of companies who sought to construct what would have been an unlimited number of 5 megawatt (MW) solar gardens. However, in September, 2015, the enabling law changed, so that the size of the solar gardens could be only 1 MW. As a result, interest on the part of developers dropped significantly, as the ability to profitably construct and operate solar gardens is diminished with a 1 MW size limitation. (Some of the developers who approached the City last year were interested in constructing solar panels on city property—in some cases, the rooftops of City buildings—for generating purposes. After a relatively brief period of time, like 8 years, the ownership of the panels would go to the City. We were not interested in those proposals, due to equipment maintenance responsibilities) page 77 Regarding solar gardens, GreenMark, has become licensed for construction of up to 10 MW of solar generating capacity, and became approved for operation prior to the law change. As a result, it is seeking participation from primarily cities in Dakota County to complete subscriptions for the Goodhue County facility. (Cities work well for these sorts of contracts, as they can commit their energy needs for 25 years without the operating partner having to be concerns about this "tenant" moving or going out of business.) GreenMark is looking for a city which annually uses between 500 KW and 1 MW of electricity for such things as street lights, sewer lift stations, and public building use—like City Halls, Fire Stations and Public Works Buildings. The most recent twelve months of power consumption for Mendota Heights was 700,000 KW, and so we would work well. BUDGET IMPACT As stated, there is no "out of pocket" cost for Mendota Heights to enroll. What GreenMark Solar will do is to guaranty that they will charge at least .8 cents per KW hour less than what the normal Xcel electrical rate will be. Then, depending on what level of "inflator" the City agrees to, the ongoing savings would be those of the .8 cents difference, plus the different between what the Xcel normal rates, vs. what is agreed to between the City and GreenMark. GreenMark indicates that Xcel's average annual increase has been about 4.1 %; the agreement with GreenMark would be less than that, and so the savings would increase. The reason that GreenMark can commit to a lesser rate of inflation is that the costs of producing solar -powered electricity is relatively fixed. Traditional providers like Xcel are tied to fossil fuel costs. As GreenMark noted, about the only risk to the City in signing on for 25 years is that someone might invent a method of generating power for free. Based on the current .8 cent amount, the first year savings to the City would be $5600. The savings would be expected to grow long term. ACTION REQUIRED The problem we face at this time is that GreenMark would like an answer in June, so that it can proceed with construction of the solar garden. From what we are able to tell, there are few other companies who would be in a position of providing a competing proposal; the schedule posed by GreenMark doesn't permit much time for research. We are not looking for the Council to commit at the May 24th workshop, but give an indication as to whether this is something in which the City would want to participate, so that further research could be done in time for the June 7th City Council meeting. Five energy firms score contracts for Twin Cities government solar garden projectspage 78 �­6rTv-(, i)4 " Five energy companies have won contracts to build large, community solar projects to offset a share of the electricity used by 30 Twin Cities public agencies and local governments, including Minneapolis. Under the terms of the deals, released this week, a mix of national and Minnesota-based energy companies — BHE Renewables, SolarStone Partners, SunShare, TruNorth Solar and U.S. Solar Corp. — will finance, construct and operate the separate solar projects, which will be built on private land. It is the first time that government agencies in Minnesota have joined to seek competitive bids for solar — an effort led by the Metropolitan Council, a regional agency that is relying on solar to help power its wastewater treatment plants and transit operations. Jason Willett, the council's sustainability director, said he expects about 40 megawatts to 50 megawatts of solar to be developed at multiple sites for 23 cities, three counties, the Met Council and other agencies. One megawatt is about 1 million watts, the output needed to power about 200 homes. As subscribers of solar gardens, the governments won't directly use the electricity, which goes onto Minneapolis-based Xcel Energy's distribution network. Instead, cities and agencies that sign 25 -year solar subscriptions will get savings on their electric bills, although the pricing terms vary by company. "I doubt that anybody has a better deal," said Willett, who also is the assistant general manager for finance in the Met Council environmental services unit. Community solar gardens are an option available to Xcel subscribers under a 2013 Minnesota law to encourage customer choice in solar energy. The shared -solar concept, which avoids the need for customers to install their own solar panels, also is being marketed to homeom9rs and businesses. Independent energy companies will own the projects, many of which are expected to be built this year on open land at the urban fringe. - In Minneapolis, the City Council last week approved its jointly negotiated solar deals with four energy companies. A city analysis projected savings of about $28,000 in the first year. Met Council expects to save about 1 percent on its systemwide electricity costs, or about $5.2 million over the 25 -year contract. Some governments are still reviewing the terms, including Hennepin County. Cities that participated in the solar bid range from Bayport to Rogers to Rosemount. Other large participants include Washington County and Ramsey County. In Robbinsdale, City Manager Marcia Glick said she is going over the negotiated terms for a planned U.S. Solar project in Carver County to offset some of the electricity used in city police, fire and public works buildings. "Being part of the big group and having someone else help us through the government procurement process and reviewing all the submissions really helped us as a small city," she said. Not every government agency is expected to sign its solar deal. The Three Rivers Park District already has rejected the proposal it was offered. "Solar costs are continuing to go down. We thought if we held off a year or two we would get a much better deal," said Jonathan Vlaming, associate superintendent of planning, design and technology for the district. None of the governments that sign the current deals will completely offset their electricity use with solar gardens, leaving the option to consider future solar proposals. Because developers bid less solar capacity than the cities requested, a lottery system was used to divvy up what was available. Some of the solar gardens may not get built. That's because hundreds of solar sites and their grid connections are still being studied by Xcel Energy. "There is a lot up in the air," said Martin Morud, president of Edina -based TruNorth Solar, one of the five companies to win government contracts. "Xcel still has to come through on its side." Trevor Drake, project manager with the Great Plains Institute and the Clean Energy Resource Teams, two nonprofits that helped coordinate the solar bid, said it is the first time local governments have joined together for such a solar bid. "This is important for creating access to the solar garden market for local governments," he said. The state of Minnesota has launched similar process to contract for solar gardens to offset electricity used at the State Capitol and other buildings in St. Paul. Im May 24, 2016 Mr. Mark McNeill City Administrator City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN, 55118 Re: West Village Multi -Family Development Dear Mark, As you know, I have had a longstanding and successful relationship with the City of Mendota Heights. Together with the City, my role in planning, designing and constructing the Village at Mendota Heights began in 2000. Today we continue to manage all aspects of the Village's commercial district including many of the events held at Market Square that have now become a Mendota Heights tradition. We should all be very proud of our visionary collaboration in creating one of the regions premier livable and walkable town center developments. Today the award winning Village remains highly regarded by real estate professionals, urban planners, architects and other municipalities regionally and nationally. It is not uncommon for real estate developments of this magnitude to be affected by downturns in economic cycles. In this regard, the final West Village phase of 19 -town home units would have been completed 'but for' the recession and changes in market conditions. Subsequent to the recession, demand for two-story town homes has diminished and they are no longer feasible to construct. Accordingly, it is necessary to update the West Village plan so it meets current market demand and trends. As such, I have continued to research and consider alternative and appropriate options for the 'West Neighborhood' site. My objective in considering alternative plans has also been to maintain consistency with the Master Development Plan & Design Standards for Mendota Heights Town Center. To this end, I am very pleased to submit the attached revised development concept site plan for the 'West Neighborhood'. The plan envisions an energy efficient 3 -story, 60 -dwelling, luxury multi -family rental structure with condominium level finishes. The building's grand entrance faces Linden Street and integrates the West Village to the greater Village site and pedestrian sidewalks. The unit mix will range from 1-bedoom to 2 - bedroom plus den designs. The building amenities will include, but not be limited to, a community room, fitness room, bike storage, dog run, dog grooming facility, extra storage and a Community Garden Park. All resident parking will be heated and below ground at a ratio of approximately 1 -car per bedroom. The best amenity will of course be living at the Village! The exterior architectural design will be consistent with existing design guidelines and be complementary to our previously constructed condominiums and town home buildings. The grounds will be beautifully designed and maintained to the same high standards as the existing Village landscaping. The originally proposed walking trails adjacent to the West Village will also be constructed. The revised site plan is 'Spacious and Gracious' in that it is 58% landscaped greenspace. The proposed multi -family plan represents a 120% net increase in greenspace over the existing West Village town home plan. The project will be professionally managed and maintained to the highest level of industry standards. The project will become a member of the Mendota Heights Town Center Association thus contributing to the cost of maintaining public outlots. The size and geometry of the existing parcels by themselves are not large enough to design and construct a minimum size and economically feasible multi -family development. Thus the proposed plan combines the three existing town home lots and the Maple Street right-of-way into one 2.19 acre buildable lot. The traffic counts on Maple Street are very minimal. As such, we do not believe vacating Maple Street will have any adverse effect. The project costs will include demolition of the street and relocation of existing public utilities. A public utility easement will ensure access to the relocated utilities. Having consulted with qualified utility contractors we have determined that moving the utilities is feasible. The existing curb cut at Dodd Road will remain to provide access to the existing Mendakota Animal Hospital unless other arrangements can be made to provide access to the vet clinic over the new internal driveway shown on the plan. I envision that the next steps in the process will be to meet with City staff and establish timelines for project approvals, including modifications to the existing MU -PUD zoning, determination of fair market value of the land, construction schedule and appropriate amendments to the existing Contract for Private Development By and Between the City of Mendota Heights and Mendota Heights Town Center, LLC. I believe that the proposed multi -family plan is the highest and best use of the West Village site and will provide an excellent real estate tax base. Given the absence of luxury apartment homes at the Village, this development will be well received and serve the lifecycle needs of the community for many years to come. I look forward to continuing my relationship with Mendota Heights and the successful completion of the Village! Very sincerely yours, Ross M. Fefer orn Chief Manager, Mendota Heights Town Center, LLC "The Village at Mendota Heights is designed to provide a range of life-style hous- ing choices integrated with green space and connected by pedestrian walkways and trails." TheV i l i a eWEST VILLAGE MULTI -FAMILY CONCEPT PLAN -__ GROUP D F/ uorm URBAN Mendota Heights, Minnesota www.villagemli.com arwros The proposed 60 unit multi -family building will be consistent with the architecture and land- scaping of the Village Design Standards: "The materials, scale and character of the architecture will be "arts & crafts" or "prairie style", detailed with native stone and wood." • The site will be lavishly landscaped to match the existing development. The originally proposed walking trails adjacent to the West Village will be completed. • "Spacious and Gracious"...the revised West Village multi -family site plan represents a 120% net increase in landscaped green space from the previously approved townhome plan. • The building will be constructed to achieve NAHB Energy Efficient designation and will be professionally managed. • There will be a mix of one bedroom to two bedroom plus den designs. • All resident parking will be underground at a ratio of 1 stall per bedroom. • Amenities will include, but not be limited to, a Community Room, Fitness Room, Community Garden, Bike Storage, Dog Run, and Dog Care Facility. Multi -family Project Plan May 24, 2016 2.19 Acre site (Lot 1, Block 2 Lot 1-2 Block 3& Maple Street R.O.W.) Three story building 60 apartments One parking stall per bedroom 21 guest parking stalls 750 R North "The Village at Mendota Heights is designed to provide a range of life-style hous- ing choices integrated with green space and connected by pedestrian walkways and trails. " • The proposed 60 unit multi -family building will be consistent with the architecture and land- scaping of the Village Design Standards: "The materials, scale and character of the architecture will be "arts & crafts" or "prairie style", detailed with native stone and wood." • The site will be lavishly landscaped to match the existing development. The originally proposed walking trails adjacent to the West Village will be completed. • "Spacious and Gracious"...the revised West Village multi -family site plan represents a 120% net increase in landscaped green space from the previously approved townhome plan, • The building will be constructed to achieve NAHB Energy Efficient designation and will be professionally managed. • There will be a mix of one bedroom to two bedroom plus den designs. • All resident parking will be underground at a ratio of 1 stall per bedroom. • Amenities will include, but not be limited to, a Community Room, Fitness Room, Community Garden, Bike Storage, Dog Run, and Dog Care Facility. EPP TheV_ 1 l l a l e�F� WEST VILLAGE CONCEPT SITE PLAN The Village at Mendota Heights Site Plan - GROUP URBAN Mendota Heights, Minnesota May 24, 2016 D www,villageniti.com W�M&� 11. - I - , i ` n P SU i 9� c4cet l Highway 110 _ "The Village at Mendota Heights is designed to provide a range of life-style hous- ing choices integrated with green space and connected by pedestrian walkways and trails. " • The proposed 60 unit multi -family building will be consistent with the architecture and land- scaping of the Village Design Standards: "The materials, scale and character of the architecture will be "arts & crafts" or "prairie style", detailed with native stone and wood." • The site will be lavishly landscaped to match the existing development. The originally proposed walking trails adjacent to the West Village will be completed. • "Spacious and Gracious"...the revised West Village multi -family site plan represents a 120% net increase in landscaped green space from the previously approved townhome plan, • The building will be constructed to achieve NAHB Energy Efficient designation and will be professionally managed. • There will be a mix of one bedroom to two bedroom plus den designs. • All resident parking will be underground at a ratio of 1 stall per bedroom. • Amenities will include, but not be limited to, a Community Room, Fitness Room, Community Garden, Bike Storage, Dog Run, and Dog Care Facility. EPP TheV_ 1 l l a l e�F� WEST VILLAGE CONCEPT SITE PLAN The Village at Mendota Heights Site Plan - GROUP URBAN Mendota Heights, Minnesota May 24, 2016 D www,villageniti.com W�M&� 11. - I - , i ` page 80 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.irendota-helghts.com s CITY OF MENDOTA HEIGHTS REQUEST FOR COUNCIL ACTION DATE: May 24, 2016 TO: Mayor, City Council, and City Administrator FROM: John R. Mazzitello, PE, PMP, MBA - Public Works Director/City Engineer SUBJECT: Sump Pump Inspection Program COMMENT. INTRODUCTION Council is asked to review and discuss the attached Ordinance that would establish a sump pump inspection program city-wide. Council is also asked to provide direction to staff as to Council's desire to move forward with the program. If acceptable, the Ordinance would be brought forward to Council for formal adoption at an upcoming regularly scheduled meeting. BACKGROUND At the February 3, 2015 Goal Setting Work Session, City Council discussed the impacts to the sanitary sewer system of sump pumps illegally connected to the system. City Council directed staff at the time to publish communications in the Heights Highlights, and inform building permit holders of the sump pump requirements throughout 2015. City staff has published articles in the Heights Highlights newsletter (once as the cover story), and has been informing building permit applicants of the code requirements for sump pumps throughout the course of the year. These practices have continued into 2016. The Council further requested the issue be revisited in 2016. Both State Plumbing Code and Mendota Heights Municipal Code prohibit the water that is discharged from sump pumps into the sanitary sewer system. Minnesota Plumbing Code 4715.2700 Storm water shall not be drained into sewers intended for sanitary sewage only. Mendota HeightsCity Code 10-3-513 Surface Waters: It shall be unlawful to discharge or cause to be discharged into the municipal sewer system, either directly or indirectly, any roof, storm, surface or ground water of any type or kind, or water discharged from any air conditioning unit or system. (1981 Code 803 § 4) The City of Mendota Heights pays Metropolitan Council Environmental Services (MCES) a fee for sanitary sewer treatment that is based on the total flow contribution to the MCES system. In 2014, the City's total annual flow increased by —60 million gallons (12.3%)*, resulting in an increase in annual fee by 9.83%. In addition to the rate increase, MCES also initiall)JR?p9led a surcharge fee on the City of $99,600 per year for the years 2015-2018, as a result of increasing the flow in excess of 10% in one year. However, staff was able to convince MCES to remove this fee due to our ongoing sanitary sewer cleaning, televising, and lining program along with our manhole casting sealing program. It is widely believed that the sudden and dramatic increase in flow was due to the extremely wet spring experienced from March to July of 2014. The large quantity of snow from the preceding winter melted, which was followed by several large rain storms. The season culminated with 4.8 inches of rain that fell between 12:30am and 1:00pm on June 19, 2014. Wet weather impacts the sanitary sewer system by means of Inflow and Infiltration (UI). I/I can come from cracks in sewer pipes, broken pipe joints, tree root penetrations, or manholes; but the most prevalent possible sources for sudden increases in flow are illegal discharges to the sanitary sewer system. The most common of these discharges are basement sump pumps. Both MCES and the American Public Works Association (APWA) have published figures stating 60%-70% of sudden increases in flow volume are likely due to sump pumps connected to the sanitary sewer system. Based on some logical assumptions about sump pump behavior from the past spring, staff has calculated that —39 million gallons of the —60 million gallons* in increased flow (65%) is likely due to sump pumps. In order to minimize or eliminate these discharges, a policy would need to be developed and implemented, including public communications, and inspections. Eliminating, or greatly reducing the contribution to the sanitary sewer system from sump pumps would allow for a more predictable total sewer flow projection and make the budget process for the sanitary sewer utility fund more stable. It would also greatly reduce the risk of future severe flow increases and avoid future penalty surcharges. DISCUSSION The attached Ordinance would establish a sump pump inspection program City-wide. The following amendments (summarized) are proposed as part of the attached Ordinance: Section 1: Adds a definition defining CLEAR WATER Section 2: Inserts the term "clear water" into the City Code concerning discharges to the sanitary sewer system Section 3: Adds the ability for the City to implement a surcharge on non-compliant properties. Section 4: Codifies requirement for clear water discharge Section 5: Enacts the Ordinance BUDGET IMPACT Staff estimates that this program will require the hiring of a specialized consultant/contractor to carry out the inspection and certification program, and that the entire program will take 9-12 months to complete. Interpreting the costs other cities have paid for their programs and applying those costs to the City's scope of work, staff estimates this program will cost $180,000 - $220,000 to implement. Avoiding two years of I/I surcharge payments to MCES woit'f'Y?ngie up for the program cost. Funding source for this program has not been identified. Possible sources of funding include: - Utilizing a portion of the $1.4 million balance in the City's Water Fund - Increasing Sanitary Sewer Utility rates to cover program cost. The fund balance that is carried in this fund is sufficient for cash flow purposes only. To fund this in a single year cycle, each of the City's 4100 customers would have to be charged approximately $13.40 per quarter, an increase of nearly 20%. To reduce the rate of an increase, a loan could be taken from the Water Fund (described above), and replenished through a more modest increase in rates over a longer period of time. A third alternative, requiring a reduction in expenditures in other utility programs (sanitary sewer televising, sewer cleaning, and other maintenance) is possible, but not recommended. While the amount of the surcharge for non -complying properties hasn't been determined, it is proposed to be in the $20-25 per quarter range. Proceeds could go to pay off any extra charges imposed by the MCES following a heavy use year. I/I contributions to the sanitary sewer system have a direct impact on the amount charged to the City by MCES. Consequently, I/I contributions directly impact what the City needs to charge residents and businesses for sanitary sewer service to keep the utility fund operable and stable. Eliminating non -sewage contributions to the sanitary sewer system can provide a much more stable and predictable cost of utility operations. RECOMMENDATION Staff recommends Council consider implementing an Inflow and Infiltration (UI) Program/Policy that is attached in the draft ordinance. If Council wishes to implement the staff recommendation, Council should establish this Program/Policy as a goal for 2016, and direct staff to begin working on policy documents, Ordinance, costs, and public communications. 4 5 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. xxx page 83 6 AN ORDINANCE AMENDING TITLE 10, CHAPTERS 1 AND 3 OF THE CITY CODE OF THE 7 CITY OF MENDOTA HEIGHTS, MINNESOTA, CONCERNING 8 TH INSPECTION AND COMPLIANCE OF SUMP PUMP CONNECTIONS 10 THE CITY COUNCIL OF THE CITY OF MENDOTA HEIGHTS ORDAINS: The amendment as 11 follows to require inspection and necessary corrective actions to ensure compliant installation and 12 operation of sump pumps in Mendota Heights. 13 14 Section 1. 15 16 Title 10-1-1 is hereby amended as follows to add: 17 18 CLEAR WATER: storm water; natural precipitation; meltingsnow; water; water flow from a 19 roof, ground surface, subsurface drainage, down spout, eave trough, r�ainspout, yard drain, sump pump, 20 foundation drain, yard fountain, pond, swimming pool, cistern overflow, or any other water that is not 21 required to be treated by state or federal law. 22 23 Section 2. 24 25 Title 10-3-5-B is hereby amended as follows: 26 27 B. Surface Waters: It shall be unlawful to discharge or cause to be discharged into the municipal sewer 28 system, either directly or indirectly, any clear water as defined in 10-1-1 of this section. n,,, 29 , 30 system. (1991 Code 903 § 4) 31 32 Section 3. 33 34 Title 10-3-7-C is hereby amended as follows to add: 35 36 6. Surcharges: Sump Pumps: 37 38 A. A quarterly surcharge in an amount duly adopted by City Council and set forth in the 39 City's Fee Schedule shall be assessed against the property on which clear water is 40 discharged in violation of this Section. 41 42 B. The quarterly surcharge will be charged on the property's municipal utility billing 43 statement and will be assessed and charged as follows: 44 45 1. An inspection as required herein has not been allowed by the property owner 46 or occupant or a Certificate of Compliance has not been filed with the City 47 within 30 days after the City's notice of inspection; 48 49 2. The property owner or occupant fails to make the sewer line cleanout readilX 50 available for the inspection; 51 page 84 52 3. The necessary corrections have not been made within the time specified; and 53 54 4. The property owner or occupant reconnects a clear water discharge line to 55 the City's sanitary sewer system after it has been previously disconnected at 56 the City's or a court's direction. 57 58 C. A surcharge will be assessed for every quarter during which the properly is not in 59 compliance or the property owner has not made the sewer line cleanout readily 60 available for the inspection, whether the non-compliance has existed for the entire 61 quarter or a portion thereof. 62 63 D. The quarterly surcharge for a re -connection will be charged for each quarter 64 beginning with the quarter in which the inspection was completed or a Certificate of 65 Compliance was filed confirming the previous disconnection through the end of the 66 auarter in which the reconnection is subseauently disconnected. DTII 68 Section 4. 69 70 Title 10-3-10 is hereby added as follows: 71 72 CLEAR WATER DISCHARGE PREVENTION AND PROHIBITION 73 74 A. Discharge Requirements. 75 76 1. No clear water, as defined in 10-1-1 of this section, shall be discharged, directly or indirectly, 77 into the City's sewer system. 78 79 2. All sump pump systems within the City shall meet the following requirements: 80 81 a. No sump pump system shall discharge any water into the City's sanitary sewer 82 system; 83 84 b. The sump pump system design shall provide and operate year-round discharge of 85 water through a permanently installed discharge line from the interior of the structure 86 to the exterior of the structure from which the clear water is discharged either onto 87 the property which the sump pump system serves or directly into the City's storm 88 sewer system by direct connection thereto or into the abutting city street for discharge 89 into the street drainage, provided approval was first obtained by the Public Works 90 Director; 91 92 c. The sump pump system's permanent discharge line shall be made of solid, non - 93 flexible material and shall not have any connection fittings as to permit alternative 94 flow path subsequent to installation; and 95 96 d. If the sump pump system discharge line is connected directly to the City's storm 97 sewer system upon approval by the City Public Works Department, than the 98 discharge line shall have a check valve which shall be located within the property's 99 boundaries and not within the public right-of-way. 100 101 B. Inspections. page 85 102 103 1. Inspections Required. Any property within the City that is connected to the City's sewer 104 system shall be subject to a compliance inspection to determine whether the property's 105 discharge of its clear water is in compliance with this Section and is not discharged into the 106 City's sanitary sewer system. 107 108 a. Property owner or occupant shall permit the City's designated inspector on the 109 property and within any structure thereon to complete the inspection. 110 111 b. The compliance inspection shall occur within thirty (30) days of written notice from 112 the City that a compliance inspection is required on the property. 113 114 c. The compliance inspection shall occur at a time and in the manner as reasonably 115 determined by the city inspector. 116 117 d. In lieu of a compliance inspection by the city inspector, property owner may have the 118 property inspected, at the sole expense of the owner, by a private licensed plumber 119 who shall inspect the property and file a Certificate of Compliance on a form 120 provided by the City, within thirty (30) days of the City's notice of the required 121 inspection. 122 123 e. The private licensed plumber who conducts the compliance inspection shall certify 124 on the Certificate of Compliance that the property's discharge of clear water is in 125 I compliance or noncompliance with the provisions of this Section. 126 127 I e -.f. In the event that the inspector cannot complete the compliance inspection because the 128 property's sump pump and/or sewer "cleanout" is not readily accessible as required 129 by the state building code, the property owner or occupant shall take all necessary 130 steps to make the sewer cleanout readily accessible for the re -inspection to be 131 completed within thirty (30) days of the date the inspector was at the property to 132 conduct the initial inspection. 133 134 f.�g_If the property owner or occupant fails to make the sewer line cleanout accessible for 135 inspection, such failure shall constitute a failure to comply with inspection 136 requirements and subject to the quarterly surcharge as defined in10-3-7-C-6 of this 137 section. 138 139 2. Failure to Comply with Inspection Requirements. 140 141 a. Property owners or occupants are to permit authorized city employees and/or agents 142 to enter upon properties and inside structures for purposes of inspection under 10-3-9 143 of this section. 144 145 b. If the property owner or occupant fails to permit or have completed a compliance 146 inspection, the City may apply to the district court for an appropriate administrative 147 search warrant authorizing the City to enter the property to conduct the inspection. 148 149 3. Re -inspections. 150 151 a. hi the event that the discharge of clear water on the property is not in compliance 152 with this Section, a second compliance inspection shall be completed within sixty 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 page 86 (60) days of the notice of noncompliance to determine if the necessary corrections have been made and compliance with this Section has been met. b. The second compliance inspection shall be subject to the requirements set forth above. Thereafter, the property shall be subject to re -inspections on an annual basis to confirm continued compliance. c. Properties that are in compliance shall also be subject to re -inspections to confirm continued compliance. C. Corrections. 1. Upon notice that the discharge of clear water on the property is not in compliance with this Section, the owner or occupant of the property shall immediately cease from discharging clear water in violation of this Section and shall make the necessary repairs and corrections to discharge the clear water in accordance with this Section. 2. Discharge of clear water in compliance with this Section shall be completed within sixty (60) days of the date of notice of noncompliance. If necessary repairs and corrections are not completed within the sixty (60) days, it shall constitute a failure to comply with inspection requirements and subject to the quarterly surcharge as defined in Section 10-3-7-C-6 of this Title. D. Inspections with building permits. If a city inspector is on a property for the purpose of a building permit inspection, the city inspector has the authority to inspect the property for compliance with this Section without further notice to the property owner or occupant. E. Temporary waiver. 1. The City may grant a temporary waiver from the provisions of this Section where strict enforcement would cause a threat of damage or harm to other property, the environment, or public safety because of circumstances unique to the individual property or due to weather conditions. 2. A written request for a temporary waiver must be first submitted to the Public Works Director specifying the reasons for the temporary waiver. a. If a temporary waiver is granted, the property owner shall pay an additional fee for sewerage service charges based on the number of gallons discharged into the City's (sanitary) sewer system as estimated by the Public Works Director. b. The additional sewerage service charge fee shall be established in the City's Fee Schedule and shall consist of a minimum base charge plus a charge based on the number of estimated gallons of clear water discharge. 3. The Public Works Director may set conditions to the temporary waiver. 4. The Public Works Director may terminate the temporary waiver upon a failure to comply with any conditions imposed on the temporary waiver. 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 page 87 5. The Public Works Director must give a five-day written notice of the termination to the property owner and occupant setting forth the reasons for the termination. 6. After expiration or termination of a temporary waiver, the property owner shall comply with the provisions of this Section. Section 5. This Ordinance shall be in effect from and after the date of its passage and publication. Adopted and ordained into an Ordinance this ## day of Month, 2016. ATTEST Lorri Smith, City Clerk 4 CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor M/ I 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.irendota-helghts.com s CITY OF MENDOTA HEIGHTS REQUEST FOR COUNCIL ACTION DATE: May 24, 2016 TO: Mayor, City Council, and City Administrator FROM: John R. Mazzitello, PE, PMP, MBA - Public Works Director/City Engineer SUBJECT: Updated Snow Plow Policy COMMENT: INTRODUCTION Council is asked to review the attached draft Snow Plow Policy, discuss, and provide comments and direction to staff. If acceptable, the Policy would be brought forward to Council for formal adoption at an upcoming regularly scheduled meeting. BACKGROUND The last revision to the City's Snow Plow Policy took place in 2006. Since it has been nearly 10 years since that adoption, staff believes a review of the policy is warranted. The attached draft Snow Plow Policy remains largely consistent with the previous policy and past practices. There are, however, some changes in the policy worthy of note: IV -D-5 — Snow Plowing Procedures: Plow operators are not to clear private driveways or private parking lots under the draft policy. However, in the past, in order to be responsive to individuals who had requested additional assistance (often due to health or physical limitations) it was not uncommon for snow plow support crews (pick-up trucks) to clear winds rows left by the larger plows from driveway aprons for a small number of property owners (perhaps fifty to sixty city-wide) who had made that request. The past several winters we have received questions about the inconsistencies of this practice, and are seeking to address those concerns. In addition, we recently replaced our plow blades, and the new blades are gouging driveway aprons, causing repairs to need to be done by the City. 2. XI -C — Property Damage: Consistent with past practice, mailbox replacement policy is being added to the Snow Plow Policy. Under the draft policy, if a mailbox is damaged by being struck by a plow, the City will repair or replace the mailbox. If the homeowner wishes to make repairs/replacement themselves, the City would reimburse the property owner up to $50 for a new post and $50 for a new mailbox. Mailboxes not installed in accordance with City and US Postal Service standards would not be eligible for reimbursement. 3. XI -D — Property Damage: Objects in the Right -of -Way (lights, landscape boulders, monuments, etc.), without prior permission from the City, that are struck by a snow plow would not be the responsibility of the City to repair/replace. Damage to the snow plow, or other City equipment from striking an object in the Right -of -Way may be the responsibility of the property owner to repair/replace. Obstructions in the Ri 0 _ ay are already prohibited by City Code Title 8, Chapter 2. BUDGET IMPACT No budget impacts are anticipated as a result of adopting this policy. RECOMMENDATION Staff recommends City Council discuss the attached Snow Plow Policy and provide staff with guidance on how best to proceed with future snow plow operations. CITY OF MENDOTA HEIGHTS SNOW PLOWING POLICY I. INTRODUCTION page 90 May 24, 2016 The City of Mendota Heights shall remove snow and ice in accordance with the provision set for the in this policy. II. OBJECTIVE It is the goal of the City of Mendota Heights to restore mobility to the City as quickly as possible under all snowfall events. III. INITIATING SNOW AND/OR ICE CONTROL OPERATIONS A. Snow Emergency will be declared when a minimum of two (2) inches of snow is received or if there is a high probability of a two (2) inch or greater snowfall; snow emergency is to remain in effect until streets have been plowed full -width (curb -to - curb). B. Snow removal of two (2) inches or more will begin as soon as possible after the snowfall ends, or as otherwise determined by the Public Works Superintendent or the Public Works Director. C. When snow accumulations reach two (2) inches or more and the snow has not stopped, snow removal operations will begin when appropriate and practical with the objective to get City main roads cleared and treated for safe travel before the morning rush hour traffic begins. D. Drifting snow may initiate snow removal operations if the drifts are causing a problem for travel. E. Removal of extraordinary snowfalls will be conducted in such a fashion as to restore City mobility as soon as possible F. Conditions may necessitate initiation of ice control operations if ice buildup is adversely affecting travel G. Initiation may take place based on timing of snowfall in relation to peak hour traffic times in the City. IV. SNOW PLOWING PROCEDURES The objective of snow plowing is to do so in such a manner as to minimize any traffic obstructions; in general, in order to attain this objective, the following procedures will be implemented as part of the City's snow removal operations: A. Streets: On standard residential streets, the snow will be removed by two (2) passes of the snow plows in each direction. page 91 2. On collector streets where the pavement is wider than standard residential streets, the center of the roadway will be plowed first. Remaining snow will then be pushed from left to right. Snow discharges shall go onto the boulevard area of the street Right -of -Way. 3. When a plow vehicle travels across a bridge, the driver shall slow down to prevent snow from going over the bridge guards if at all possible. 4. In times of unusually heavy snowfall, streets will not always be able to be immediately and completely cleared of snow. 5. Plowing of cul-de-sacs will start at approximately the same time as through streets, and will be completed along with the through streets to the maximum extent practical within established plowing priorities. 6. Snow plow routes will be determined for each area of the City based on timing and efficiency; routes will be reviewed on an annual basis. B. Street Boulevards: Winging boulevard snow accumulations will occur as follows: 1. Winging will not be performed on street boulevards unless the snow depth has accumulated in excess of four (4) feet above the street grade. 2. Winging will be performed in a manner so as to reduce the berm at curbside to a heights approximately 2.5 feet above the street grade, and not greater than approximately six (6) feet from the edge of the paved street into the boulevard. 3. Winging operations will be conducted within the operators' best efforts to avoid damaging boulevard areas including visible or properly marked landscaping, turf, or other private property properly licensed and located within the boulevard. 4. In accordance with Mendota Heights City Code Title 8, Chapter 2, encroachments and obstructions within the City Right -of -Way are prohibited. Any such objects or landscaping located within City Right -of -Way not properly marked, and not properly permitted or exempted, will not be repaired or replaced by the City if damaged during snow/ice removal operations. Damage to City equipment from such encroachments and obstructions may become the adjacent property owners' responsibility for repair and/or replacement. 5. To maintain adequate visibility and site distance, snow depth at intersections should not exceed approximately 3.5 feet in height above the street grade. Corners should be cleared back to a depth of approximately 2.5 feet for a distance of 30 feet along the curb line. C. Trails: I . City Trails will be cleared in a similar manner as the streets are cleared; and, when resources allow, will be cleared at the same time as the streets. When resources are not available, the streets shall take priority. 2. Trails will be cleared in the same plow areas as the streets with schools, places of worship, and other public gathering places taking priority within each designated plow area. 3. Parking lots in parks are to be cleared after completion of the trail network unless the parking lot is directly connected to a trail. page 92 D. Operator Instructions: 1. In general, operations will avoid the following: a. Jumping of curbs while turning corners b. Plowing beyond the paved surface except when performing winging operations. c. Pushing or dumping snow in private driveways, except for the wind row berm that collects from normal plowing operations. d. Pushing or dumping snow on fire hydrants or other public safety apparatus, except for the wind row berm that collects from normal plowing operations. 2. Any damage to private or public property (Fire hydrants, landscaping, mailboxes, fences, etc.) is to be reported to the Public Works Superintendent, or other designated supervisor. 3. Drivers are to exercise care when entering intersections and while engaged in snow and ice control operations. 4. Drivers are to wear seat belts at all times as required by law, and shall abide by the provisions of the City of Mendota Heights Vehicle Use Policy 5. Operators are not to clear private driveways or parkin_ lots ots (including wind row berms) under any circumstances. V. SNOW STOCKPILE REMOVAL The Public Works Director, Public Works Superintendent, or Road & Bridge Lead - person will determine when snow will be removed by truck from any given area. Such snow removal will occur in areas where there is no more room on the boulevard for snow storage and in areas where accumulated piles of snow create hazardous conditions as determined by the individuals listed above. Snow removal operations will not commence until other snow plowing operations have been completed. Snow removal operations may also be delayed depending on weather conditions, personnel, and budget availability. The snow will be removed and hauled to a pre -designated snow storage area. The snow storage area will be located so as to minimize environmental impacts. VI. PRIORITIES & SCHEDULE The City has classified City streets based on the street function, traffic volume, connectivity, and importance to the mobility and welfare of the overall community. Those streets classified as "snow plow routes" will be plowed first. These higher volume streets, which connect major sections of the City, provide access for emergency fire, police, and medical services. Plow routes and priorities will be reviewed on an annual basis. Generally, the streets listed below will be plowed first: A. Plow Routes South of Highway I 10 (East) Mendota Heights Road Decorah Avenue Huber Drive South Plaza Drive Lake Drive page 93 B. Plow Routes South of Highway 110 (West) Mendota Heights Road Northland Drive Lemay Lake Road Center Point Curve Wagon Wheel Trail Pilot Knob Road (North of Highway 13) C. Plow Routes North of Highway I 10 (Central Area) Marie Avenue Victoria Road Victoria Curve Douglas Road Warrior Drive Market Street Mendota Road (Highway 110 Frontage Road) D. Plow Routes North of Highway 110(North Area) Chippewa Avenue Sylvandale Road Emerson Avenue Maple Park Drive Ivy Falls Avenue Other major roadways in the City are under the jurisdiction of either the State of Minnesota (I -35E, I-494, Highway 55, Highway 13, Highway 110, Dodd Road) or Dakota County (Delaware Avenue, Lexington Avenue, Wentworth Avenue, Wachtler Avenue, Pilot Knob Road — south of Highway 13) and are plowed in accordance with their specific snow and ice removal policies. VII. WORK SCHEDULE In severe snow emergencies, equipment operators may be required to work in excess of their regular work hours. To help ensure safe driving operations for snow removal, operators will take a 15 minute break every two (2) hours with a half-hour meal break after four (4) hours. VIII. WEATHER CONDITIONS Snow and Ice control operations may be delayed or suspended when weather conditions severely jeopardize the safety of City employees and equipment. Factors that may delay snow and ice control operations include severe cold, significant wind, limited visibility, and severely treacherous road conditions. IX. LIMITED USE OF CHEMICAL AGENTS The City will use salt, sand, and other chemicals where hazardous ice and slippery conditions exist. The city is concerned about the effect these substances may have on the environment, and for that reason will attempt to limit their use where possible. page 94 X. SIDEWALKS The City will not remove snow and ice from concrete sidewalks in the City except for those portions of designated trails where concrete was determined to be a better paving surface. Adjacent property owners are responsible, by City Code, to have concrete sidewalks cleared of snow and ice within 24 hours of the end of a snowfall. XI. PROPERTY DAMAGE A. The City accepts responsibility for turn damage to boulevard areas damaged directly by plow blade, wing plow, or other piece of City equipment. Mailboxes, lights, etc. should be installed according to City and other regulatory agency policy and should be installed properly to withstand the impact of snow rolling of the end of a snow plow or wing plow. Repair of damage caused by snow impact is the responsibility of the residents and/or adjoining property owners. B. The City will repair, replace, or reimburse property owners in those instances, with the exception of those listed above, where the City in responsible for damage. The City will have the option of repair, replace, or determine solely at the City's discretion those instances where the City may reimburse the property owner the cost of materials. Lawns damaged by City equipment will be repaired by sodding or topdressing and seeding to match the existing lawn. Residents are encouraged to assist with lawn repairs. Unless deemed excessive by the Public Works Department, salt damage of lawns will not be repaired by the City. C. Mailboxes damaged by impact from City equipment will be repaired or replaced by the City. If the property owner wishes to replace the mailbox themselves, the City may reimburse the property owner up to $50 for a new post and $50 for a new mailbox. Mailboxes not installed in accordance with the City mailbox installation policy shall not be eligible for reimbursement. D. Physical obstructions (Lights, driveway monuments, landscape boulders, etc.) are not allowed within the City Right -of -Way under Mendota Heights City Code Title 8, Chapter 2. Existing obstructions need to be permitted through the City and properly marked (flagged) so plow drivers can see where the obstructions are. If such an obstruction is struck by a snow plow, wing plow, or other City equipment, the City is under no obligation to repair, replace, or otherwise reimburse the property owner. Damage to City equipment from a Right -of -Way obstruction may be the property owners' responsibility to reimburse the City for repairs. XII. RESPONSIBILITY OF RESIDENTS/PROPERTY OWNERS Residents and property owners also have certain responsibilities for snow and ice control. These include: A. Clearing of their own driveways (including wind rows deposited by City plows). B. Keeping trash cans at least two (2) feet behind the curb and on their driveway apron. C. Clearing around their mailboxes. D. Clearing around fire hydrants. E. Removal of large piles of snow that obstruct vision into and out of driveways. page 95 F. Clearing of responsible area is to be done so as to not deposit snow into the street or across the Right -of -Way. Snow plowing can cause additional snow to be deposited upon driveway approaches/aprons and around road side obstacles. Operators are instructed to attempt to minimize these instances; however, sometimes snow being deposited in these areas is unavoidable. Residents should be aware they may have to clear their driveways a second time after their street has been plowed once, depending on the snowfall. Repair and/or replacement of bushes and other landscaping material which has been installed within the City's boulevard Right -of -Way area are the responsibility of the property owner if damage occurs from snow plowing activity. Sand that has been deposited in the boulevard area by plowing operations is also the responsibility of the property owner. XIII. POLICY INFORMATION The snow plowing policy, mailbox installation policy, and on street parking policy will be included on the City's website and an annual article will be placed in the City's newsletter, the Heights Highlights. The phone numbers for City Hall and Public Works Garage will be provided. The media will be notified of when the City declares a snow emergency. page 96 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.irendota-helghts.com s CITY OF MENDOTA HEIGHTS REQUEST FOR COUNCIL ACTION DATE: May 24, 2016 TO: Mayor, City Council, and City Administrator FROM: John R. Mazzitello, PE, PMP, MBA - Public Works Director/City Engineer SUBJECT: Ash Tree Management Policy COMMENT.- INTRODUCTION OMMENT:INTRODUCTION Council is asked to review the attached draft Ash Tree Management Policy, discuss, and provide comment and direction to staff. If acceptable, the Policy would be brought forward to Council for formal adoption at an upcoming regularly scheduled meeting. BACKGROUND In the spring of 2015, the Emerald Ash Borer (EAB) was discovered in Mendota Heights. Dakota Count had already been on the quarantine list from the Department of Agriculture (DOA) since 2013 when the EAB was discovered in Lebanon Hills Regional Park in Eagan. In response to the discovery of the EAB, City staff has developed the attached draft Ash Tree Management Policy. The policy maintains past practices with respect to both boulevard trees and park trees. Boulevard ash trees are to be removed as needed, based on health and condition, and are not to be replaced. Park ash trees are to be evaluated on a tree -by -tree. The policy also states that the City will not regulate or manage ash trees on private property, and that these ash trees are the responsibility of property owner. Lastly, the draft policy states that in areas where the City determines replacing a removed ash tree is warranted, that the species of trees planted in any given area have varying speciation. BUDGET IMPACT The tree removal budgets in both the Street Division and Park Maintenance Division were increased to $25,000 and $15,000 respectively for the 2016 budget in anticipation of increased removals. The adoption of the Ash Tree Management Policy should not significantly alter the budgeted amounts. RECOMMENDATION Staff recommends City Council discuss the attached Ash Tree Management Policy and provide staff with guidance on how best to proceed with handling the City's ash trees. CITY OF MENDTOA HEIGHTS ASH TREE MANGEMENT POLICY I. INTRODUCTION page 97 May 24, 2016 The City of Mendota Heights has been identified by the Minnesota Department of Agriculture as a municipality where infestation by the Emerald Ash Borer (EAB) is confirmed. II. OBJECTIVE It is the goal of the City of Mendota Heights to maintain the aesthetic appeal of the City, and to provide for safety concerns while addressing ash trees as they become infested. III. ASH TREE INVENTORY ESTABLISHED In August of 2015, The City completed an inventory of ash trees on property which is owned by the City. These include ash trees in developed street Right -of -Way as well as ash trees located within City owned park property. The inventory found more than 600 ash trees on City Rights -of -Way, and an additional approximately 70 ash trees in the City's parks. IV. ASH TREES IN DEVELOPED CITY RIGHT-OF-WAY (BOULEVARD TREES) To be consistent with past practices for tree removal within developed Right -of- Way (boulevard trees), the City will remove ash trees within the boulevards as they show signs of decline or die for any reason (EAB -related or not). These trees will not be replaced by the City. If adjoining property owners wish to replace the removed tree, they are free to do so by planting a replacement tree on the private side of the Right -of -Way line at their own expense. V. ASH TREES ON CITY OWNED PROPERTY (INCLUDING PARKS) Ash trees located on City owned property (including established parks) will be managed similarly to boulevard trees, except that ash trees located within the City parks will be evaluated for replacement on a tree -by -tree basis. Those trees deemed valuable to the park will be replaced with a non -ash species of tree in accordance with Section VI, as funding permits. VI. SPECIATION DIVERSITY To prevent, or minimize the potential for future spread of disease or parasites among tree species, the City will strive to the maximum extent practicable not to plant trees of the same species within the same City -owned property (including parks). By varying the speciation of trees, it becomes less likely that a parasitic -born disease will migrate from tree to tree and impact all the tree coverage on a given piece of property. page 98 VII. ASH TREES ON PRIVATE PROPERTY The City will not require any actions of residents for the management of privately owned ash trees beyond what is already adopted in City Code. Management of privately owned ash trees shall be considered the same as any other privately owned landscape management. The City will provide contacts and information about ash tree management and the EAB from the Minnesota Department of Agriculture to residents upon request. VIII. POLICY INFORMATION Information regarding the City's Ash Tree Management Policy will be included on the City's website. An annual article will be placed in the City's newsletter, the Heights Highlights. Contact information for the City will be provided. page 99 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.rrendota-heights.com T mR CITY OF MENDOTA HEIGHTS MEETING DATE: May 24, 2016 TO: FROM: SUBJECT: INTRODUCTION Mayor and City Council Tamara Schutta Assistant to the City Administrator/HR Coordinator IT Policy for City Council Discussion COMMENT: Staff met with Paul Gladen, LMCIT Loss Control Consultant on March 21, 2016. Mr. Gladen conducted a Data Security Survey and provided recommendations for the City to consider to strengthen the City's data security. BACKGROUND LMCIT's four recommendations for the City to consider are the following: • Consider developing a Social Media Policy which addresses the posting of City business/information on personal social media accounts. Staff is currently reviewing a draft Social Media Policy. Once we have completed our review and edits, we will bring the policy forward for City Council approval. • Consider the development a policy for the retention of records for the City's social media sites. The City's records retention policy should include the process for retaining social media and website content covered under the Data Practices Act. There will be times that the Data Practices Act with apply to the social media sites. The City has adopted the General Records Retention Schedule for Minnesota Cities. Staff is currently reviewing the records retention schedule. The City's Social Media Policy will included a section on Records Retention. • Consider implementing employee and elected official training on technology security and data retention issues. Technology security and data retention have become large issues over the last several years and need to be addressed in our training sessions as it becomes even more important in the everyday business of your City. The training should include e 0 media, physical risks, email, records retention as well as the use of personal devices. Several years ago, IT Manager Sue Donovan, City Clerk Lorri Smith, Police Support Specialist Kim Henning and Assistant to the City Administrator/HR Coordinator Tammy Schutta developed the SCARE Summit I & II (Security Compliance & Access Regulation Education). Several staff members have attended the SCARE Summits in 2014 and 2015. We will continue to provide training to employees. The Mayor and City Council should also consider attending training sessions in the future. A revised Technology Use Policy was also adopted in July 2015. To the extent permitted by law, the Technology Use Policy also applies to elected officials and members of City Commissions. • Consider a policy to require Councilmembers use City provided email addresses/inboxes. If the Councilmembers are using personal email boxes, the City has no control over the records retention, which could be an issue if this is counter to the City's Records Retention policy. The City of Mendota Heights follows the MN Data Practices Act. The purpose of the act is to help balance the public's right to know what their government is doing, their right to privacy concerning government data about them and the need for government to function responsibly and efficiently. First it important to note, that all government data are public, unless access to it is limited by state and federal statute (i.e. personnel data, etc...). This includes email correspondence received in a personal email account pertaining to city business. Therefore, the Mayor and Councilmembers emails may be considered public data for both e -discovery and information request. Currently the Mayor and Councilmembers use personal email addresses. LMCIT and Staff Recommendations City business email should be separate from personal email. Options for the Mayor and Councilmembers to consider are the following: Option 1: Provide city email address to all Councilmembers (i.e. name(&mendota-heights.com). Councilmembers would be required to follow the Technology Use Policy regarding password complexity and 90 day password change requirements. Auto -forwarding to a personal email account would not be allowed. It costs approximately $50-$60 per license. Option 2: Separate Gmail, Hotmail, Yahoo, etc. as long as a Councilmember is following the records retention schedule and can provide data upon request. Also, email must be archived in accordance to the records retention schedule after Councilmember term has ended. Option 3: Have a generic Exchange account to which Councilmembers can forward pertinent email. Staff would manage the generic account. Record Retention of Electronic Communications page 101 Per the General Records Retention Schedule for Minnesota Cities, the retention period for records for Mayor and Councilmembers correspondence are the following: Complaints — General: General city services, maintenance, repair, citizen complaints. Retention Period: 1 years after action completed. Correspondence — Historical: Correspondence to/from mayor, city administrator. Official correspondence that documents important events or major functions of the office. Usually deals with a specific topic, issue, organization or individual. Retention period: Permanent. Correspondence — General. Retention period: 3 years. Correspondence — Messages: Transitory messages, email or phone messages of short-term interest which are considered incidental and non -vital correspondence. Retention period: Until read. BUDGET IMPACT It would cost approximately $50-$60 per license for city email addresses for the Mayor and Councilmembers. ACTION REQUIRED: Staff is seeking City Council direction. page 102 O LEAGUE of CONNECTING & INNOVATING MINNESOTA SINCE 1913 CITIES Data Security Survey Letter Mark McNeill - markm&mendota-heights.com City Administrator - City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Re: Data Security Survey Conducted on March 21, 2016 Dear Mr. Mc Neill, On the above date I met with Sue Donovan IT Manager to discuss loss control topics pertaining to Mendota Heights. This was in conjunction with the Mendota Heights participation in the League of Minnesota Cities Insurance Trust (LMCIT) property, liability and/or workers' compensation program. Purpose of Visit The primary purpose of my visit was to complete a basic Data Security survey. There are many evolving risks associated with storing and sharing data on computers and mobile devices. These risks include things like: • Data breaches • Virus contamination • Hacker attacks • Employee misuse There are also a number of issues presented by different forms of social media. As technology continues to develop, cities will be faced with growing technological risks. Having policies and procedures in place can help manage and mitigate these risks. Conclusions • Mendota Heights has several safeguards in place including: data response plan, data protection through bit locker, VPN use, password protection protocols, there are also physical protections in place to protect data on out of use hard drives. • Implementing additional safeguards will strengthen Mendota Heights program. • Educating employees and elected officials is a key first line of defense to security threats. Some free information and education tools follow in this letter. • Members of LMCIT have access to the eRisk Hub by NetDiligence. You'll be asked to complete the new user registration form and create your own user ID and password. Once this is completed, enter 13522-13 in the access code field. LEAGUE OF MINNESOTA CITIES 145 UNIVERSITY AVE. WEST PHONE (651)281-1200 FAx: (651) 281-1298 INSURANCE TRUST ST. PAUL, MN 55103-2044 TOLL FREE: (800) 925-1122 WEB: WWWLMC.ORG page 103 Discussion Minnesota Statutes, section 13.05, subdivision 5 requires Minnesota cities to establish appropriate security safeguards for all records containing data on individuals, including procedures for ensuring that data that are not public are only accessible to persons whose work assignment reasonably requires access to the data, and is only being accessed by those persons for purposes described in the procedure." With an increased number of data breaches being reported, it is more important than ever to secure data and ensure there are policies in place to protect the data as well. Examples of claims seen by LMCIT include: • Contractor's tax ID# accidently displayed on city website • Confidential employee data was accidently on city website • Vendor displayed confidential information in a presentation • Vendor lost a backup of hard drive with city's confidential data • Point of sale malware on liquor store registers • Crypto locker/ransomware During our visit we discussed the importance of passwords, training, data storage, social media and other concerns. Resources • Webinar: Data Privacy — Legal Risks, Mitigation, and Response for Municipalities • Memo and Sample Policy: Computer and Network Loss Control • Information Website: Focus on New Laws: Data Practices Act • Guide (also attached): Guide to Preventing Social Engineering Fraud • Attachments: Employee Education Materials Recommendations I've included loss control recommendations to strengthen data security elements for your consideration in the appendix. Service Plan We discussed possible areas of focus for Mendota Heights next Loss Control visit. We plan on conducting the Public Works and Parks and Rec Liability Survey. I can also address other safety or loss control topics that Mendota Heights might have as well. I will plan to contact Tammy Schutta in approximately six months to schedule the next loss control meeting. 60 Day Response I have submitted recommendations for your consideration as a tool to help guide your risk management efforts. The decision to complete the recommendations, either in part or in full or the decision not to complete recommendations, lies entirely with Mendota Heights. LMCIT believes completion of recommendations can ultimately reduce property, liability or workers' compensation losses as the case may be. Please contact me by telephone or e-mail within the next 60 days to let me know what, if any, progress you are making on each recommendation. I look forward to hearing from you. Recommendations and comments areprovided for loss control and risk exposure improvementpurposes only. They are not made for the purpose of complying with the requirements of any law, rule or regulation. We do not infer or imply in the making of these recommendations and comments that all sites were reviewed or that all possible hazards were noted. The final responsibility for conducting loss control and risk management programs rests with the member. 2 page 104 Thanks again for the time and courtesy extended to me during my visit. As always, if you have safety or loss control related questions, please do not hesitate to contact me. Sincerely, Paul Gladen Loss Control Consultant Cell: (612) 875-5146 p gladen(i�berkleyrisk. com Copy: Tammy Schutta - tamaraskmendota-heights.com Sue Donovan, IT Manager — suedgmendota-heights.com Links: Computer and Network Loss Control Guide - http://www.Imc. org/media/document/ 1 /computerandnetworklosscontrol.pdVinline--true Attachments Guide to Preventing Social Engineering Fraud Employee Education Materials — Phishing e-mail Messages Attachment Net Diligence Flyer Recommendations and comments areprovided for loss control and risk exposure improvementpurposes only. They are not made for the purpose of complying with the requirements of any law, rule or regulation. We do not infer or imply in the making of these recommendations and comments that all sites were reviewed or that all possible hazards were noted. The final responsibility for conducting loss control and risk management programs rests with the member. 3 page 105 Recommendation Appendix The referenced products and/or services are provided solel%j as a source of general assistance and should not be taken as the League's endorsement of the particular product or service or a recommendation that it will meet Vour unique needs. Recommendations generated from today's visit: 1-3/16 Consider developing a Social Media Policy which addresses the posting of City business/information on personal social media accounts. 2-3/16 Consider the development a policy for the retention of records for the City's social media sites. The City's records retention policy should include the process for retaining social media and website content covered under the Data Practices Act. There will be times that the Data Practices Act with apply to the social media sites. 3-3/16 Consider implementing employee and elected official training on technology security and data retention issues. Technology security and data retention have become large issues over the last several years and need to be addressed in our training sessions as it becomes even more important in the everyday business of your City. The training should include social media, physical risks, email, records retention as well as the use of personal devices. 4-3/16 Consider a policy to require Councilmembers use City provided email addresses/inboxes. If the Councilmembers are using personal email boxes, the City has no control over the records retention, which could be an issue if this is counter to the City's Records Retention policy. Recommendations and comments areprovided for loss control and risk exposure improvementpurposes only. They are not made for the purpose of complying with the requirements of any law, rule or regulation. We do not infer or imply in the making of these recommendations and comments that all sites were reviewed or that all possible hazards were noted. The final responsibility for conducting loss control and risk management programs rests with the member. 4