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2017-01-17 Council PacketCITY OF MENDOTA HEIGHTS CITY COUNCIL AGENDA January 17, 2017 – 7:00 pm Mendota Heights City Hall 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Adopt Agenda 5. Swearing In of Police Chief Kelly McCarthy 6. Consent Agenda a. Approval of January 3, 2017 City Council Minutes b. Approval of January 5, 2017 Council Workshop Minutes c. Approve Council Meeting Dates & Times d. Approve Reappointments to Commissions e. Award of Professional Services Contract for the Dodd Road Trail Project f. Approve Purchase of Bobcat Skid-Steer Loader g. Approve Vacation Accrual for Assistant City Administrator h. Approve Hiring of Community Development Director i. Approve Resolution 2017-13 Application for 2017 Dakota County Community Development Block Grant Funding j. Approve Resolution 2017-12 Adopting Dakota County All-Hazard Mitigation Plan and Authorize Submittal of Adopted Plan to HSEM and FEMA k. Approve Extension of JPA With Dakota County for Emergency Management Services l. Approve City Hall Landscaping Project m. Approve December 2016 Fire Synopsis n. Approve October & November 2016 Treasurer’s Report o. Approve of Claims List 7. Public Comments 8. Presentations - None 9. Public Hearing - None 10. New and Unfinished Business a. Joint Powers Agreement for Pilot Knob Road Improvements with Dakota County & Ordinance No. 507 Establishing “No Parking” Zones b. Appoint David Dreelan as Fire Chief; Approve Process to Fill Asst. Chief position c. Approve Shared Recycling Coordinator Position d. Approve Purchase of Replacement 800 MHz Radios 11. Council Comments 12. Adjourn CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, January 3, 2017 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Garlock called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Duggan, Miller, Petschel, and Paper. OATH OF OFFICE Mayor Neil Garlock and Councilmembers Joel Paper and Jay Miller took the Oath of Office, presided over by City Administrator Mark McNeill. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Garlock presented the agenda for adoption. Councilmember Duggan moved adoption of the agenda. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Mayor Garlock presented the consent calendar and explained the procedure for discussion and approval. Councilmember Petschel moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein, pulling items g) Approve Resolution 2017-02 Final Payment and Accept City Hall Drainage Work. a. Approval of December 20, 2016 City Council Minutes b. Acknowledgement of December 21, 2016 Planning Commission Minutes c. Designation of Official Newspaper d. Approve Resolution 2017-01 Approval of 2017 Fee Schedule e. Approve 2017 Financial Items page 3 • Resolution 2017-03 Establishing 2017 City Depositories of Funds • Resolution 2017-04 Accepting Pledged Securities for 2017 • Authorize Finance Director to Execute Electronic Payments and Prepay Claims f. Approve Resolution 2017-09 Reappointment of Commissioners to Planning Commission, Parks and Recreation Commission, Airport Relations Commission g. Approve Resolution 2017-02 Final Payment and Accept City Hall Drainage Work h. Approve Resolution 2017-07 Authorization to Execute an Agreement with MN Task Force One Urban Search and Rescue Team (MN -TF1) i. Appointment of Representative to Dakota Co Domestic Preparedness Committee for 2017 j. Approval of Claims List Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEM G) APPROVE RESOLUTION 2017-02 FINAL PAYMENT AND ACCEPT CITY HALL DRAINAGE WORK Councilmember Duggan asked staff to explain the warranty included with the City Hall drainage work. Public Works Director Ryan Ruzek replied that the work that was performed by Max Steininger, Inc. is warrantied; however, the design from keeping the water out of the basement is not on the contractor. So if there is any fault in the contractor’s actual work – which could cause drainage in the basement – the City could recoup some of the repairs from the contractor. However, the design of that project was by city staff. The warranty is for one year. Councilmember Duggan moved to adopt Resolution 2017-02 “ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR CITY HALL DRAINAGE WORK”. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS There were no public comments. PRESENTATIONS No items scheduled. PUBLIC HEARING No items scheduled. page 4 NEW AND UNFINISHED BUSINESS A) RESOLUTION 2017-05 ACCEPT FEASIBILITY REPORT AND CALL FOR A PUBLIC HEARING — KENSINGTON NEIGHBORHOOD B) RESOLUTION 2017-06 ACCEPT FEASIBILITY REPORT AND CALL FOR A PUBLIC HEARING – MENDOTA HEIGHTS ROAD Public Works Director Ryan Ruzek explained that Mendota Heights has been attempting to maintain its infrastructure by reconstructing and rehabilitating different neighborhoods. In 2017, staff is proposing to rehabilitate the Kensington Neighborhood and Mendota Heights Road from Lexington Avenue to Dodd Road. The City typically uses the State 429 process and special assessments to finance the projects. Using the state’s process, there are a number of steps that need to be followed: ordering a feasibility report, accepting the feasibility report, holding a public hearing, approving the plans, authorizing solicitation of bids, and accepting the bids and awarding the contract. After the project is substantially completed, an assessment hearing is held where the assessments are then levied against the properties. Mr. Ruzek provided the background, the results of the feasibility reports, and the budget impact of each project. Councilmember Paper asked for an explanation of what goes into the decision of using reclaimed bituminous versus gravel and what are the long-term benefits of each. He also asked if the City ever puts felt, grid, or fiber mat in the subsurface. Mr. Ruzek replied that he would prefer to rebuild every street with virgin class five aggregate; however, the trucking costs and the costs of new materials when there are suitable materials on-site would be difficult to justify. The public works department does use geotextile fabric for reinforcement of the sub-grade when they run into soft spots. Councilmember Paper then asked if staff needs to use more reclaimed bituminous versus aglime, etc. Mr. Ruzek replied they do go through a granular equivalent called jolation to make sure they are meeting the needs of the roadway. Mr. Ruzek stated that as the reclaim machine goes by and they put the rollover on and compact everything into place, they have a third-party materials engineer checking densities and gradations. In regards to the Kensington Neighborhood project, Councilmember Duggan asked for an explanation of why Claremont Drive was changed to a full reconstruction, Bunker Hills Neighborhood was removed, Wilshire Court was removed, and Whitfield Drive and Stockbridge were added to the scope of the project. Mr. Ruzek replied that Wilshire Court is a private road and has already been reconstructed; the Bunkers Hills Neighborhood was removed as the city did not bond for the maintenance materials previously included in projects over the last couple of years; Whitfield Drive and Stockbridge Road were added because of phone calls received from residents asking for the project to be completed. Councilmember Duggan asked why the three private roadways in the Kensington Neighborhood are not included. Mr. Ruzek replied that one of the private roads was reconstructed last year by the property owners themselves with the hope that the City would eventually take this road over from them. However, the City is also working on a lot of property issues. If they still choose to go that path, they do page 5 have a number of steps that they would need to take before the City would consider taking that street over. The other two private roads come off of Concord Way and they are not platted as right-of-way so the City is not proposing to do any improvements to those. Councilmember Duggan noted that the reports provided use ‘satisfactory’ and ‘good’ interchangeably and he suggested that ‘good’ should be used instead of ‘satisfactory’. Councilmember Petschel moved to adopt RESOLUTION 2017-05 ACCEPTING THE FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING ON THE KENSINGTON NEIGHBORHOOD IMPROVEMENT PROJECT (PROJECT #201409). Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 Councilmember Petschel moved to adopt RESOLUTION 2017-06 ACCEPTING THE FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING ON THE MENDOTA HEIGHTS ROAD IMPROVEMENT PROJECT (PROJECT #201616). Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 C) DISCUSSION RELATING TO ALLOWING DOMESTIC CHICKENS Consulting Planner Phil Carlson explained that previously the Planning Commission provided the Council with a planning report and summarized two potential approaches to an ordinance allowing domestic chickens, along with a comparison of codes from other municipalities. The Planning Commission recommended to the City Council approval of allowing domestic chickens in residential districts with no recommendation as to the type of ordinance. Planner Carlson provided background on this issue stating that domestic chickens are allowed in a number of communities and is becoming increasingly popular. It is seen as a way to increase access to healthy fresh food. There may be concerns about noise, therefore roosters are usually not allowed. There may be concerns about health and diseases chickens may carry and their waste could transmit. Some advantages include pest management; and many consider domestic chickens to be pets, In terms of zoning, this is a property rights issue – should residents be allowed to raise chickens as long as there are no negative problems. If the Council were to decide in favor of residents keeping domestic chickens, there would be two basic approaches. A zoning approach would treat the keeping of domestic chickens as an accessory use in all single-family zoning districts; just like a garage for cars or a shed for tools. Chickens would be added to the definition of Domestic Animals in the Code. Chicken coops would be added to the definition of Animal Kennels. Kennels for chickens would be added to the list of permitted accessory structures. page 6 An animal control approach would regulate this within the Animal Control section of the Code. Chickens would be added to the regulations on domestic animals in Title 5. The City could add a section on chickens, stating that up to four female chickens are allowed as a domestic animal. A chicken coop or enclosure would need to meet the standards for an accessory structure in the Zoning Code. Enforcement would be as currently specified for dogs and cats (contracted through the Police Department to an outside agency). Planner Carlson provided examples of ordinances in his report. Councilmember Duggan asked for clarification on the difference between a ‘coop’ and a ‘run’ and whether the proposed coop would include a run. Planner Carlson replied that a chicken coop would be considered an accessory structure. A chicken coop is the actual enclosed area where they might stay protected from the weather. A chicken run is a fenced area where they get to have a run of part of the yard; however, that also needs to be covered with fencing or screening to protect the chickens from predators. Because it is covered, it would be considered a structure. Therefore, the size of the coop and run would be something the City could limit in the code. Councilmember Petschel stated the Council first needs to make a strategic decision about whether this would be handled under Animal Control or under the Zoning Ordinance. She also noted that the Council needs to look at how this can be accomplished in the most efficient way without additional cost to the City. She asked if there was a way that this could be a combination of both the Zoning Approach and the Animal Control Approach and include restrictions in regards to structures and setbacks; include additional funding for animal control in the budget to cover annual inspections. Planner Carlson noted that there are a number of communities that do require a permit, so there is a record of where the chickens are and a fee is paid for that permit. The results found that many cities have dropped the permitting process because they found that it simply was not a problem. Enforcement calls are done by complaint to ensure the property is following the code. He would recommend not requiring a permit. Councilmember Petschel voiced her disagreement with that recommendation and noted that many of the communities do require permits and inspections / proof of maintenance. Councilmember Duggan stated that children love chickens. In speaking with educators, they said that chickens are a special interest to children. His concern is that if the City is going to allow bees, pigeons, and chickens – where does it stop. He stated he would like to see the pluses and minuses of the animal control approach in relation to the financing of it versus the zoning approach. He stated he would like to see a comparison of the size of the chicken coop / run in relation to yards and the setback from the rear and side yard property line. He questioned if this should be self-funding through the permitting process. He stated he would recommend no more than four female chickens be allowed. Mayor Garlock concurred with the comments made. He would recommend the Zoning Approach, would limit the number of chickens to four, limit the structure size to 144 square feet as other permitted accessory structures, and agrees that roosters should not be allowed. Councilmember Paper noted that the other ordinances included for comparison listed minimum size structures rather than maximum size. For example, Eagan’s minimum size is two square feet per chicken; however, Burnsville’s minimum size is 10 feet. If someone has four chickens in a 144 square page 7 foot structure, they would have plenty of room. However, four chickens in a two square foot structure would seem to be pretty tight. Planner Carlson noted that the square feet per coop may not include the run. Councilmember Miller stated that he would prefer the permitting process and using the fees to fund this. This would give the City an idea of where they are at from year-to-year with the number of residents with chickens. It appears to him that the ordinance approach would be the path of least resistance from a monetary standpoint. Councilmember Petschel asked if any additional input from Councilmembers could be forwarded to City Administrator Mark McNeill to be shared with Planner Carlson and the Planning Commission. Planner Carlson summarized his understanding that the Council would like to see some kind of permit and that the permit fees would help off-set any licensure inspection that would be required, and the Commission should look carefully at the size of the coop/run to ensure appropriateness related to the size of the yard. Mayor Garlock then opened the floor for comments from residents. Mr. Patrick Watson, 1327 Delaware, expressed his desire to address any concerns raised by people who do not want to chickens in residential districts. Councilmember Petschel replied that there have been some residents who have expressed their negativity to having chickens in their neighbors’ backyards. However, if the City writes a good ordinance, if it is administered well with good enforcement, then after a period of time some of the early trepidation will disappear. This would be a learning experience for some people in the community. Mr. Watson stated that he spoke with the Edina Animal Control Officer. They have had chickens for approximately two years in the city and they have had only a half dozen calls and all six calls resolved themselves before the officer got there. Mr. David Friskney, 819 Park Place Drive, has worked for the City of New Hope Police Department for 25 years and they have had chicken calls. One of the components of their ordinance is a requirement to obtain permission from the surrounding neighbors. There are some noise and smells involved in the raising of chickens. However, if the resident maintains their chickens, the surrounding property owners may not even be aware of them. He recommended they contact the City of New Hope’s Animal Warden, Mr. Tom Mahan, who is a highly qualified person to discuss the keeping of chickens in a residential district. Ms. Rachel Quick, Junction Lane, stated that her son has had chickens in his classroom at Garlough Elementary and at Dodge Nature Pre-school. She noted that the people who want chickens are the ones making the effort; they are the ones building the community effort. The people sending the emails with their objections are disbanding this part of the community. The residents who want chickens want to teach their children where their food comes from. Ms. Melissa Hathaway does not see chickens as a problem. She believes that too much is being made out of this issue. If the residents want to have chickens and they do it right, then they should be allowed. page 8 Complaints should be addressed and if they are not rectified, then that resident should not be allowed to keep chickens. Mr. Jason Hinchliffe, 1155 Dodd Road, stated there have been chickens in Mendota Heights ever since he moved here and he has not heard of a lot of problems. They are educational and his son now knows where eggs come from. If the coop is covered properly and remains dry, there is no smell. Councilmember Duggan moved to direct staff to create an ordinance that permits chickens to a maximum of four with a coop / run that is appropriate size and meets City Code regulations. Councilmember Miller seconded the motion. Ayes: 5 Nays: 0 D) AFFIRM THE HIRE OF KELLY MCCARTHY AS POLICE CHIEF AND APPROVE RESOLUTION 2017-08 EMPLOYMENT AGREEMENT City Administrator Mark McNeill explained that on December 6, 2016 the City Council appointed Ms. Kelly McCarthy as permanent Chief of Police, who had recently been hired as Captain. Administrator McNeill reviewed the revised Employment Agreement with Kelly McCarthy as Police Chief. Councilmember Duggan stated that he supports this decision but is uncomfortable with the process. He believes that Police Chief McCarthy will go a long way towards improving our police department. He expressed his favor in doing everything reasonably possible for the growth and development of the Police Department. He believes that the City is on the right path. Councilmember Petschel moved to affirm the appointment of Kelly McCarthy as Police Chief/Emergency Management Director for the City of Mendota Heights; and to approve Resolution 2017-08, Employment Agreement with Kelly McCarthy as Police Chief. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 Councilmember Petschel noted that there should be an appropriate swearing in ceremony for Police Chief Kelly McCarthy. Police Chief Kelly McCarthy came forward and expressed her appreciation for the support of the Council not only in her, but also in the entire Police Department. She stated the officers are talented and very hard working and she is excited to do a good job for the City as they are as well. Mayor Garlock stated that he has had many long conversations with Chief McCarthy and that he believes the previous Council did a great job selecting her and bringing her to the City. E) DESIGNATION OF COUNCILMEMBERS TO SERVE ON FIRE OFFICER SELECTION COMMITTEE page 9 City Administrator Mark McNeill explained that at the December 20, 2016 meeting, the Council accepted the resignation of Fire Chief John Maczko, who will be retiring on February 28, 2017. The Council directed that the notice of the fire chief position be posted. Staff has received two applications; therefore, a selection panel is necessary. The makeup of that panel would be two firefighters, the Police Chief, the City Administrator, and an outside Police Chief. The other two members would be two Councilmembers. Councilmember Miller expressed his interest in being on the selection committee as he has been a firefighter since 2008 and is fairly well versed in the actions within the fire department. Councilmember Duggan asked if Mayor Garlock would be interested in being on the Selection Committee. Mayor Garlock stated that he may know something along this line since he is a former police officer. Councilmember Paper asked Councilmember Miller if he would be uncomfortable being on the selection committee since he works with both applicants and would have to choose one. Councilmember Miller replied that he believes they are all professionals and it makes sense for him to be on the committee. Councilmember Duggan moved to accept the appointment of Councilmember Miller and Mayor Garlock to the Fire Chief Selection Committee. Councilmember Paper seconded the motion. Ayes: 5 Nays: 0 F) DESIGNATION OF 2017 ACTING MAYOR Mayor Garlock moved to appoint Councilmember Joel Paper as 2017 Acting Mayor. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 G) CITY COUNCIL APPOINTMENTS TO COMMISSIONS, RESOLUTION 2017-10 APPOINTMENTS TO NDC4, AND ESTABLISH DATE FOR INTERVIEWS FOR PARK & REC COMMISSION APPLICANTS City Administrator Mark McNeill shared a list of various liaison committee appointments. The vacancies are for an alternate elected official on the Dakota Communications Commission to act for the primary (Councilmember Duggan) when he is unavailable; the primary Elected Official position on the MSP Noise Oversight Committee, and the Elected Official on the NDC4 Cable Commission. Councilmember Petschel expressed her desire to be the alternate on the Dakota Communications Commission. page 10 Councilmember Miller volunteered for the Primary Elected Official on the MSP Noise Oversight Committee. Councilmember Paper volunteered for the NDC4 Cable Commission Elected Official. There is no need to appoint representatives to the Dakota County E-W Transit Study Commission at this time. Councilmember Petschel moved to appoint herself as the Alternate Elected Official on the Dakota Communication Commission, to appoint Councilmember Miller as the Primary Elected Official on the MSP Noise Oversight Committee, and to re-appoint the other liaison positions as outlined in the staff report. Councilmember Paper seconded the motion. Ayes: 5 Nays: 0 Councilmember Petschel moved to adopt RESOLUTION 2017–10 APPOINTING MICKEY KIEFFER AND COUNCILMEMBER JOEL PAPER TO THE NDC4 ADVISORY COMMISSION. Councilmember Paper seconded the motion Ayes: 5 Nays: 0 City Administrator Mark McNeill also noted that another action requested of Council was to set a time to interview individuals who have applied for membership on the Parks and Recreation Commission. He recommended this action be tabled and discussed at Thursday’s workshop meeting. Mayor Garlock agreed. The item was deferred to the January 5th Workshop. COMMUNITY ANNOUNCEMENTS City Administrator Mark McNeill made the following announcements: • Outdoor rinks are open until 9:00 p.m. Monday-Saturday and until 6:00 p.m. on Sundays. • Used holiday lights can be brought to City Hall for recycling through the end of January 2017. • Assistant City Administrator Cheryl Jacobson was introduced and said a few words. She will be managing Human Resources, IT, Communications, Recreation, and special projects. COUNCIL COMMENTS Councilmember Miller expressed his humbleness at the opportunity to serve on the Council. He is here to look with the City down the road, and to work alongside everyone to make Mendota Heights better. Councilmember Petschel expressed her pleasure at the energy in the room and at the prospect of a new year and working together. She also acknowledged the superior salting of the roads completed by Public Works staff. She noted that on January 17 a presentation will be given by the MAC Noise staff to the full Metropolitan Airport Commission on Optimal Descent Approach – a project that the Noise Oversight Committee started that would have less noise impact and save on fuel. page 11 Councilmember Paper expressed his appreciation to the community for putting him in the Council seat and entrusting him to make well thought out decisions. He thanked his grandparents for teaching him about civic pride, his parents for showing him what it is to do volunteerism, and his wife and his children for supporting him in this. He thanked Leslie Sandberg who helped him along the way. Councilmember Duggan welcomed Mac Leydon to City Hall; he is one of the new job-share receptionists at the front desk. He also noted an email he received that suggested the idea of the City being a “Sanctuary City”. He reminded residents to shovel out the snow from around fire hydrants. Mayor Garlock expressed his appreciation to everyone for putting him in the Mayoral seat. Everyone on the Council cares about this City, as have all of the previous councilmembers. He is not as polished as Ms. Sandra Krebsbach when it comes to running a Council meeting but he will do the best he can. ADJOURN Councilmember Duggan moved to adjourn. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 Mayor Garlock adjourned the meeting at 8:44 p.m. ____________________________________ Neil Garlock Mayor ATTEST: _______________________________ Lorri Smith City Clerk page 12 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Council Workshop Held Tuesday, January 5, 2017 Pursuant to due call and notice thereof, a workshop of the Mendota Heights City Council was held at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Garlock called the meeting to order at 1:30 p.m. Councilmembers Duggan, Miller, Paper, and Petschel were also present. Staff in attendance included City Administrator Mark McNeill, Assistant City Administrator Cheryl Jacobson, City Attorney Tom Lehmann, Police Chief Kelly McCarthy, and City Clerk Lorri Smith. CITY COUNCIL INTRODUCTIONS City Administrator McNeill asked the Councilmembers to summarize why they ran for City Council and to summarize three things they were like the Council to accomplish in the next two years. Mayor Garlock summarized his experience in law enforcement and hopes the Council can be very transparent during his tenure. He hope to see order restored to the Police Department, hopes to improve employee morale, wants to assure that the Council keeps the City on track with infrastructure upkeep, and would like to see the site of the Mendota Motel redeveloped. Councilmember Liz Petschel summarized her experience serving on the Noise Oversight Committee and the Airport Relations Committee. She hopes to see the Council make a strategic decision on the fire station, hopes to see the Hwy 13/Hwy 55 property redeveloped, and hopes to see an assessment completed of employee positions and salaries. Councilmember Joel Paper stated he ran for City Council to give back to his community and hopes to offer a different perspective to the Council. He hopes to see the City’s website updated, the parks staffing adjusted to be more efficient, the trash collection in the city to be consolidated so less garbage trucks are driving through the neighborhoods which would save wear on our streets. Councilmember Paper also presented a drawing of the Bourne property redeveloped with a sports dome and outdoor soccer fields surrounding it. Councilmember Ultan Duggan stated he started in City government when the Hwy 110/Dodd Road area was being redeveloped. He hopes to see the City complete a survey of the residents to find out what direction they would like to see the City go in. He also hopes to build our relationships with surrounding cities and the school district. Councilmember Duggan also stated he would like to see the Bourne property/Hwy 55-Hwy 13 redeveloped, possibly with a Planner review and analysis of the area, sharing their vision of the area with the Council. Councilmember Jay Miller has an interest in local government and hope to give back to his community. He wants to see the infrastructure and maintenance of the city streets and trails be kept up to our standards, the City expand its pollinator friendly policies and see its ordinances amended for the keeping of bees, He also would like to see the creation of some sort of a multi-generational destination in Mendota Heights. page 13 CLOSED MEETING TO DISCUSS LABOR GRIEVANCE Mayor Garlock adjourned to closed session of the City Council at 2:10 pm to discuss attorney/client privilege matters relating to an existing labor grievance. Those present included Mayor Garlock, Councilmembers Duggan, Miller, Paper, and Petschel. Also in attendance were City Administrator Mark McNeill, Assistant City Administrator Cheryl Jacobson, Police Chief Kelly McCarthy, City Attorney Tom Lehmann, and Labor Attorney Kevin Rupp. No official action was taken by the Council in this meeting. The Council will summarize the discussion at the next Council meeting. Motion by Councilmember Petschel, seconded by Councilmember Paper to reopen the workshop meeting at 3:10 p.m. CITY COUNCIL MEETING OPERATIONS Administrator McNeill discussed with the Council the seating arrangement for Council meetings. Councilmember Paper suggested the Council meetings begin at 6:00 pm. Petschel stated she feels the meetings should begin at 7:00 pm to give the residents time to arrive after a work day. The Council directed staff to gather more information on meeting start times. Administrator McNeill suggested that staff be allowed to leave the Council meetings after the consent agenda has been acted upon if they do not have an item on the agenda. He also suggested that the Community Announcements be discontinued at every meeting, unless there is an item of interest to the public. The Council discussed the upcoming workshop meetings of Jan 17th-Park/Rec Commission applicant interviews; January 31st – discussion of economic development issues; February 8th-joint meeting with Airport Relations Commission. ADJOURN Motion Councilmember Paper, seconded by Councilmember Duggan, to adjourn the meeting at 4:10 p.m. Motion carried 5-0. ____________________________________ Neil Garlock, Mayor ATTEST: _______________________________ Lorri Smith, City Clerk page 14 2017 CITY COUNCIL MEETING DATES January 3 Tuesday 17 Tuesday February 7 Tuesday 21 Tuesday March 7 Tuesday 21 Tuesday April 4 Tuesday 18 Tuesday May 2 Tuesday 16 Tuesday June 6 Tuesday 20 Tuesday July 5 Wednesday (July 4th holiday on Tues) 18 Tuesday August 1 Tuesday (start time to follow Night to Unite @ 5:00 pm) 15 Tuesday September 5 Tuesday 19 Tuesday October 3 Tuesday 17 Tuesday November 7 Tuesday 21 Tuesday December 5 Tuesday 19 Tuesday page 15 page 16 DATE: January 17, 2017 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Advisory Commission Appointments BACKGROUND The City Council is asked to reappoint the following members to their respective Commissions. The following commissioners are at the end of their current term and are eligible for reappointment: Noise Oversight Committee: David Sloan – (Term 6/25/2017 through 6/25/19) Parks and Recreation Student Representatives: Myles Bowen and Clair Dunham – (Term 2/1/2017 through 1/31/2018) Each of these members has expressed an interest in serving an additional term with their respective commissions. ON January 17th, the City Council will also interview candidates for the two openings on the Parks and Recreation Commission. After interviews with the commission applicants, the city council may consider appointing two members to this Commission. One position is to fill an unexpired term – (Term through 1/31/2019) The second position is for a full term – (Term 2/1/2017 through 1/31/2020) RECOMMENDATION Staff recommends: ~Reappointing Commissioner David Sloan to the Noise Oversight Committee ~Reappointing the current student representatives Myles Bowen and Clair Dunham to the Parks and Recreation Commission ~Consider appointing two individuals to the two open positions on the Parks and Recreation Commission, designating one for the partial term and the other for the full term. page 17 page 18 REQUEST FOR COUNCIL ACTION DATE: January 17, 2017 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Award of a Professional Services Contract for the Dodd Road Trail Project COMMENT: INTRODUCTION The Council is asked to award a contract for the design, surveying and easement acquisition for the Dodd Road Trail (from Maple Street to Marie Avenue). BACKGROUND The Dodd Road Trail Project was originally approved for design in 2006. Due to the cost to construct the project it has been on the shelf ever since. Staff has made applications for grants to offset the cost but all applications have been denied. The Minnesota Department of Transportation (MnDOT) is proposing to reconstruct Dodd Road in 2018. MnDOT is willing to bid the project with their larger project with the idea that larger bid quantities will make the project more affordable do to economies of scale. Rules, regulations and guidelines have changed from the original design which requires the plans to be updated to current standards. DISCUSSION Staff developed a Request for Proposals (RFP) on the project and invited two firms to submit proposals. Both firms submitted quotes for this project. Consultant Design Fee Easement Fee Total Fee KLJ Engineering $40,214.86 $29,768.02 $69,982.88 WSB & Associates $48,424.00 $26,709.00 $75,133.00 Both firms submitted thorough and complete proposals and each addressed concerns and gave ideas about proceeding with the project. Either firm is qualified, but staff recommends KLJ Engineering, based on the lower cost of their proposal, and their current work with MnDOT on the Dodd Road Project. BUDGET IMPACT The Dodd Road Trail Project is proposed to be funded using Municipal State Aid funds (MSA). A portion of the storm sewer work may not be eligible for MSA funds, and would be paid for through the storm water utility fund. page 19 RECOMMENDATION Staff recommends that council accept the proposal from KLJ Engineering for the proposed not- to-exceed price of $69,982.88. ACTION REQUIRED If Council wishes to enact the staff recommendation, it should pass a motion authorizing staff to enter in to a contract with KLJ Engineering. This action requires a simple majority vote. page 20 Request for City Council Action MEETING DATE: January 17, 2017 TO: Mayor and City Council, City Administrator FROM: Terry Blum, Public Works Superintendent SUBJECT: Purchase of a Bobcat Skid-Steer Loader COMMENT: Introduction The City Council is asked to approve the purchase of a skid-steer loader (Bobcat) Background As part of the 2017 budget process, $44,000.00 was budgeted in the street department’s budget to purchase a bobcat skid-steer loader. The last bobcat skid-steer loader was purchased in 2008; that will not be traded in, as there is enough demand in Public Works to use two separate skid steer loaders. The streets, parks, and the utility departments all share time using the skid-steer loader for various projects. A quote from the state contract was obtained from Tri-State Bobcat, Inc. The amount of the quote is for $43,875. Buying from the State contract (purchasing agreement) allows the City to have the benefit of a competitive bid that the State advertised and processed, rather than the City having to go through that competitive bid itself. Budget Impact $44,000 is budgeted in the 2017 Street Budget for the purchase of the bobcat skid-steer loader. The actual amount to purchase the skid-steer loader is less than the amount budgeted. Recommendation Staff recommends that the Mendota Heights City Council approve the purchase of the bobcat skid-steer loader in the amount of $43,875.00, as quoted from Tri-State Bobcat, Inc. Action Required If the City Council concurs with the recommendation, they should pass a motion authorizing staff to purchase a bobcat skid-steer loader from Tri-State Bobcat, Inc. in the amount of $43,875. page 21 page 22 DATE: January 17, 2017 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Assistant City Administrator Vacation Amount COMMENT: INTRODUCTION The Council is asked to approve a change in the starting balance of the recently-hired Assistant City Administrator to be consistent with other recent hires. BACKGROUND Cheryl Jacobson started work with the City on December 27th. Along with other benefits, a starting accrued amount of vacation was set at one week, or forty hours. However, in looking at other recent exempt employee (supervisory) hires, the starting balance should have been two weeks. Two weeks is more consistent for what is needed to attract experienced employees to leave other positions to come to the City. Ms. Jacobson has nearly 20 years of experience in the public sector. BUDGET IMPACT The additional week is for the employee’s time off. There will be no backfilling of the position through overtime when she is on vacation. Therefore, there is no direct budget impact to the City. RECOMMENDATION To be consistent with what has been negotiated for the City’s other recent hires at this level, I recommend that the City Council approve the increase of the “on the books” vacation from forty hours, to eighty hours. ACTION REQUIRED If the Council concurs, it should, by motion, authorize the amount of the initial vacation balance for Cheryl Jacobson to be set at 80 hours. page 23 page 24 DATE: January 17, 2017 TO: Mayor and City Council FROM: Cheryl Jacobson, Assistant City Administrator SUBJECT: Community Development Director Hire COMMENT: INTRODUCTION The Council is asked to approve the hiring of Timothy Benetti as Community Development Director. BACKGROUND Included as part of the restructuring of some positions was the position of City Planner, which has been vacant since early October. A revised job description of Community Development Director was approved by the City Council. In addition to the planning and zoning responsibilities of the former Planner position, the Community Development Director is also responsible for the City’s economic development activity and for overseeing the contracted Building Official. The position is at Grade 38 of the City’s Pay Plan. To fill the position, advertisements were made. After the completion of the selection process, it is recommended that Timothy Benetti be hired for the position. Mr. Benetti is currently a City Planner/Zoning Specialist for the City of Brooklyn Center. Mr. Benetti has a broad level of experience in the municipal planning field, including prior work as a Planning and Community Development Director. RECOMMENDATION It is recommended that Mr. Benetti be hired at Step C of Pay Grade 38, which is $91,623 annually. In view of his amount of job experience, it is recommended that he initially accrue vacation at a rate of three (3) weeks per year, and be granted two (2) weeks of vacation “on the books”. page 25 If approved, he would start employment with the City on February 20, 2017. ACTION REQUIRED If the Council concurs, it should, by motion, approve the hiring of Timothy Benetti as Community Development Director with the provisions listed above, effect February 20, 2017. Cheryl Jacobson Assistant City Administrator page 26 DATE: TO: FROM: SUBJECT: January 17, 2017 Mayor and City Council Mark McNeill, City Administrator Resolution Approving Community Development Block Grant (CDBG) Funding Application through Dakota County INTRODUCTION The City Council is asked to approve the annual Community Development Block Grant application with the Dakota County Community Development Agency, for use in housing rehabilitation. BACKGROUND For several years, the City of Mendota Heights has participated in this grant program, which allows qualifying low and moderate income homeowners to access Federal assistance to bring their homes up to identified standards. The Dakota County CDA administers this program on behalf of Dakota County. Attached is the annual CDBG Grant Application for federal fiscal year 2017, and the accompanying resolution for consideration. This year’s request is $17,889 for the Housing Rehabilitation Loan Program. The amount is reduced from previous year, in large part to an uncertainty at the Federal level as to how much CDBG money will be allocated to the County. In comparison, last year’s amount was $26,214. Rehab programs typically allot between $15,000 and $25,000 per participant. Therefore, only one property will likely be improved as a result of this grant. The program is administered by the Dakota County Community Development Agency (CDA) and provides rehabilitation loans for owner-occupied housing meeting CDA income/benefit guidelines. The CDA will continue to administer all aspects of the loan program. BUDGET IMPACT None to the City. RECOMMENDATION I recommend approval to participate in the program. ACTION REQUIRED If the Council concurs with the recommendation, it should pass a motion adopting RESOLUTION 2017-13 APPROVING THE APPLICATION OF THE CITY OF MENDOTA HEIGHTS FOR FISCAL YEAR 2017 DAKOTA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2017-13 RESOLUTION APPROVING THE APPLICATION OF THE CITY OF MENDOTA HEIGHTS FOR FISCAL YEAR 2017 DAKOTA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING WHEREAS, the City of Mendota Heights is a participating jurisdiction with the Dakota County CDBG Entitlement Program for Fiscal Year 2017 (July 1, 2017 through June 30, 2018); and WHEREAS, the Dakota County Community Development Agency is a sub-grantee of Dakota County for the administration of the CDBG Program; and WHEREAS, the Dakota County Community Development Agency has requested federal fiscal year 2018 CDBG applications be submitted by January 20, 2017, based on allocation of funds approved in the Community Development Implementation Plan. NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota that the following points be approved: 1. The Federal Fiscal Year 2017 CDBG application is approved for submission to the Dakota County Community Development Agency. 2. The City Administrator of the City of Mendota Heights is authorized to execute the application and all agreements and documents relating to receiving and using the awarded CDBG funds. 3. The Dakota County Community Development Agency is designated as the administrative entity to carry out the CDBG Home Rehabilitation Loans program on behalf of the City of Mendota Heights. Adopted by the City Council of the City of Mendota Heights this seventeenth day of January, 2017. CITY COUNCIL CITY OF MENDOTA HEIGHTS Neil Garlock Mayor ATTEST Lorri Smith City Clerk APPLICATION FOR 2017 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Application must be received by the Dakota County Community Development Agency NO LATER THAN JANUARY 20, 2017 (for Program Year 2017, 7/01/17-6/30/18) Applicant Name: City of Mendota Heights DUNS #: 146-367-607 Contact Name: Mark McNeill Applicant Address: 1101 Victoria Curve City, State, Zip: Mendota Heights, MN 55118 Phone: 651-452-1850 Email: Markm@mendota-heights.com Activity Funding Amount #1 Title: Housing Rehabilitation Loans CDBG Request: $17,889 #2 Title: CDBG Request: #3 Title: CDBG Request: #4 Title: CDBG Request: #5 Title: CDBG Request: Total Request: PLEASE NOTE: AT LEAST 50% of the proposed funding must qualify as a LOW/MOD benefit and NO MORE THAN 40% of the proposed funding can be for PUBLIC SERVICES. As public services may not account for more than 15% of the County’s total funding, public service requests may need to be decreased once all applications are submitted and reviewed by CDA staff. General Information Proposed Activities page 29 I certify that the information contained in this application is true and correct and that it contains no misrepresentations, falsifications, intentional omissions, or concealment of material facts. I further certify that no contracts have been awarded, funds committed, or construction begun on the proposed project(s), and that none will be made prior to notification from the Dakota County CDA based on HUD’s issuance of a Release of Funds Notice. Signature of Authorized Official Date Title of Authorized Official PLEASE ATTACH THE RESOLUTION OF THE GOVERNING BODY SHOWING APPROVAL OF THE REQUEST FOR CDBG FUNDS Certification page 30 1 Please complete the following Sections I-V for EACH proposed activity. (For example, if 3 activities are being proposed, there will be 3 sets of the following pages.) Activity # 1 Activity Title: Housing Rehabilitation Loans Has this Activity received CDBG funding before? Yes No Check the eligible activity category of the proposed activity: (See attached definitions) Affordable Rental Housing Rehabilitation of Multi-Unit Residential Rental Assistance Subsidies Fair Housing Activities Energy Efficiency Improvements Public Service Senior Services Youth Services Transportation Services Operational Support Affordable Homeowner Housing Homeownership Assistance New (Re)Construction Homeowner Housing Rehabilitation/ Energy Efficiency Improvement of Single Unit Residential Housing Counseling and Short Term Assistance Fair Housing Activities Community Development Recreational Parks Water/Sewer Improvements Street Improvements Sidewalks Beautification Assessment Abatement Homelessness Coordinated Access to service & Shelter Housing Stabilization Emergency Shelter Operation Addition of Permanent Supportive Housing Units Shelter Renovation/Creation Neighborhood Revitalization Acquisition of Real Property Clearance and Demolition Clean-up of Contaminated Site Economic Development Employment Training Economic Development Assistance Rehabilitation of Commercial/Industrial Buildings Micro-Enterprise Assistance Relocation Planning and Administration Planning Administration I. Activity Title II. Activity Information Describe the proposed activity. Provide funding to low/mod homeowners within the City of Mendota for eligible home improvements ranging from new roof, new windows, replace furnace, bathroom remodel, kitchen remodel, accessibility improvements, and many more. The funding per loan has a minimum of $15,000 and a maximum of $25,000. The loan is a 0% deferred loan that will be paid back at time of purchase or when home no longer is primary residence for homeowner. page 31 2 Survey (Please include a copy of survey) Describe the activity schedule: Is this a continuation of a previously funded activity? X Yes No Is this a time-specific project? X Yes No If this is a time-specific project, please note the start and end dates below: Proposed Activity Start Date: 07-01-2017 Proposed Activity Completion Date: 06-30-2018 CDBG funded projects/activities must meet one of the program objectives. Check the objective for which the CDBG funds will be used. Low/Mod Area Benefit Low/Mod Limited Clientele Benefit Low/Mod Housing Benefit Low/Mod Jobs Benefit Slum/Blight Area Benefit Slum/Blight Spot Benefit Urgent Need (extremely rare; used only for emergencies): III. CDBG National Objective If you checked the Low/Mod Area Benefit box, please answer the following: In what Census Tract/Block Group(s) do beneficiaries of your Activity live? (Please include map) How many residents live in this area? What is the percentage of low and moderate-income beneficiaries? How was this documented? HUD Data If you checked the Low/Mod Housing Benefit box, please answer the following: How many Low/Mod Households will benefit? 1 Households (Income eligibility must be verified by written documentation) Where will this activity be occur? (Address of property, neighborhood, city-wide) City-wide page 32 3 If you checked the Low/Mod Limited Clientele Benefit box, please answer the following: How many Low/Mod People or Households will benefit? People/Households (Please choose either people or households for each project.) How will income be verified? Income Verification Request Forms Eligibility Status for other Governmental Assistance program Self Certification (Must request source documentation of 20% of certifications and must inform beneficiary that all sources of income and assets must be included when calculating annual income) Presumed benefit (HUD presumes the following to be low and moderate-income: abused children, battered spouses, elderly persons, severely disabled persons, homeless persons, persons living with AIDS, migrant farm workers) If you checked the Low/Mod Jobs Benefit box, please answer the following: To meet the requirements of the “Jobs” National Objective, the business being assisted must enter into an agreement showing commitment that at least 51% of jobs created or retained will be available to low/mod income persons. The business must also be prepared to provide a list of all jobs, detailed information about the jobs being created or retained, the selection and hiring process, and demographic information about the employees. Will this activity create or retain full time equivalencies (FTEs)? Create Retain For job(s) that are being retained, please provide evidence that the assisted business has issued a notice to affected employees or that the business has made a public announcement to that effect, OR an analysis of relevant financial records that shows the business is likely to cut back on employment in the near future without planned intervention. Will the job(s) created or retained require a special skill? Yes No What percent of permanent FTEs will be held by or available to low/mod income persons? If you checked the Slum/Blight Area or Slum/Blight Spot Benefit box, please answer the following: What are the boundaries of the slum/blight area or the address of the slum/blight spot? (Please provide letter from building inspector or other documentation noting deficiencies and include photos) If Slum/Blight Area, what percent of buildings are deteriorated? % What deficiency will be corrected or the public improvement be? page 33 4 Indicate the proposed objective and outcome of the activity/project. Outcome #1 Availability/Accessibility Outcome #2 Affordability Outcome #3 Sustainability Objective #1 Suitable Living Environment Accessibility for the purpose of creating a suitable living environment Affordability for the purpose of creating a suitable living environment Sustainability for the purpose of creating a suitable living environment Objective #2 Decent Housing Accessibility for the purpose of providing decent housing Affordability for the purpose of providing decent housing Sustainability for the purpose of providing decent housing Objective #3 Economic Opportunity Accessibility for the purpose of creating economic opportunities Affordability for the purpose of creating economic opportunities Sustainability for the purpose of creating economic opportunities Indicate how the activity outcome will be measured and projected number of beneficiaries. People Households Housing Units 1 Public Facilities Jobs Businesses Organizations Provide the total project cost and CDBG request. Total Project Cost: $17,889 Total CDBG Request: $17,889 CDBG Percent of Total Cost: 100% Describe all other funding sources. Source of Funds Amount Committed Pending CDBG $17,889 Total: Please itemize project expenses, using the following guidance as applicable: • Acquisition & Improvement Costs - Include purchase price, closing costs, site improvements, clearance of toxic contaminants, and other acquisition and improvement costs IV. Proposed Objectives and Outcomes V. Project Budget page 34 5 • Construction/Rehabilitation Costs - Include site improvements, construction (labor, materials, supplies), installation, permits and other construction/rehabilitation costs • Professional Fees and Personnel Costs - Include architectural, engineering and code inspection fees, surveys, appraisals, legal fees, hazardous materials surveys, project management, and other professional/personnel fees • Other Development Costs - Include relocation, financing costs, environmental reviews, environmental studies, and other development costs • Eligible Costs for Planning Projects - Include professional services, project management costs, and other planning costs Itemized Use of Funds/Expenses Costs CDBG Funds Requested Other Funding Sources Housing Improvement Funds $17,889 $17,889 $0 Total: $17,889 $17,889 * * * * * Please review each section for completeness. Each activity should have separate Sections I through V. page 35 6 CDBG ELIGIBLE ACTIVITIES DEFINITIONS The following are summary definitions of Community Development Block Grant Eligible Activities: Please Note: Although an activity may be deemed eligible for CDBG funding, it does not guarantee funding. The Community Development Needs for the CDBG Program in the Comprehensive Plan sets forth the priority of needs and as such, dictates which types of eligible activities may be funded in a given year. CDBG funds may NOT be used for costs attributable to a building used for the general conduct of government or used for political activities. Acquisition/Disposition: The use of CDBG funds to acquire real property, in whole or in part, by purchase, long-term lease, donation, or otherwise, for any public purpose. Real property to be acquired may include: land, air rights, easements, water rights, right-of-ways, buildings and other property improvements, or other interests in real property. Demolition/Clearance: Clearance, demolition, and removal of buildings and improvements including movement of structures to other sites. Economic Development Activities: Economic development activities may include, but are not limited to: (1) Construction by the grantee or sub-recipient of a business incubator designed to provide inexpensive space and assistance to new firms to help them become viable businesses, (2) Loans to pay for the expansion of a factory or commercial business, and (3) Providing training needed by persons on welfare to enable them to qualify for jobs created by CDBG-assisted special economic development activities. The level of public benefit to be derived from the economic development activity must be appropriate given the amount of CDBG assistance. Rehabilitation: Rehabilitation related activities may include single-family rehabilitation, multi-family rehabilitation, energy efficiency improvements, public housing modernization, and rehabilitation of commercial properties. General Administration: CDBG funds may be used for the general administration costs incurred by a Subrecipient to administer their CDBG program. Administration costs directly associated with a CDBG activity should be part of the activity as project administration. Relocation: CDBG funds may be used for relocation payments and assistance to displaced persons, including individuals, families, businesses, non-profits, and farms, where required under section 570.606 of the regulations (pursuant to the Uniform Relocation Act). Public Facilities/Improvements: CDBG funds may be used by the grantee or other public or private nonprofit entities for the acquisition (including long term leases for periods of 15 years or more), construction, reconstruction, rehabilitation (including removal of architectural barriers to accessibility), or installation, of public improvements or facilities. Buildings for the general conduct of government cannot be acquired or improved with CDBG funds. This includes neighborhood facilities, firehouses, public schools, and libraries, as well as water and/or sewer treatment plants. The regulations further specify that facilities that are designed for use in providing shelter for persons having special needs are considered to be public facilities. Public Services: CDBG funds may be used to provide public services (including labor, supplies, and materials), provided that each of the following criteria is met: 1) The public service must be either a new service or a quantifiable increase in the level of service; and 2) The amount of CDBG funds obligated within a program year to support public service activities under this category may not exceed 40% of the City’s allocation and the total public services of all Sub-recipients may not exceed 15% of the total grant awarded to Dakota County for that year. Planning: Includes studies, analysis, data gathering, preparation of plans, and identification of actions that will implement plans. The types of plans which may be paid for with CDBG funds include, but are not limited to: Comprehensive plans; Individual project plans; Community development plans, Capital improvement programs; Small area and neighborhood plans; Environmental and historic preservation studies; and Functional plans (such as plans for housing, land use, energy conservation, or economic development). Homeownership Assistance: Homeownership assistance activities may include financial assistance for downpayments, closing costs or other part of the purchase process and counseling for pre-purchase, post-purchase or foreclosure prevention. page 36 Request for City Council Action MEETING DATE: January 17, 2017 TO: Mayor and City Council, City Administrator FROM: Kelly McCarthy, Chief of Police SUBJECT: Adopting the Dakota County All-Hazard Mitigation Plan and to Authorize Submittal of the Adopted plan to HSEM and FEMA. Introduction City Council is asked to adopt the All-Hazard Mitigation Plan and authorize submittal of the adopted plan to HSEM and FEMA Background The Federal Emergency Management Agency (FEMA) requires our All-Hazard Mitigation Plan be updated every five years. The plan was updated and received preliminary approval from FEMA. The plan will become official upon the approval of participating jurisdictions and resubmittal to FEMA. The Disaster Mitigation Act of 2000 requires counties and cities to prepare All-Hazard Mitigation Plans every five years. Plans must address potential natural and manmade hazards and develop mitigation strategies to reduce the impacts of hazard events both in dollars and lives saved. Counties and cities must have an approved and adopted plan to be eligible for both federal disaster relief and mitigation project grant dollars. Since early 2016, City staff has been working with Dakota County Emergency Management to coordinate the required 5-year update to the All-Hazard Mitigation Plan. The City has participated in the planning process and developed its own mitigation strategies as part of the multi-jurisdictional plan. The draft All-Hazard Mitigation Plan was submitted to both HSEM for initial review and comment in August, 2016. County staff received HSEM (Homeland Security Emergency Management) comments and incorporated them into the Plan. No public comments were received after posting the Plan on the County’s website. No public hearing is required under the federal guidance documents. This final draft of the Plan was then submitted to HSEM and FEMA for final review in November, 2016. The County received notification of approval of the Plan pending adoption from HSEM and FEMA on December 29, 2016 (see attached letter). According to FEMA rules, cities must formally adopt the Plan within one year of its approval to be covered by the Plan. This is required in order for the County to secure federal Disaster Public Assistance and Mitigation Grants for communities in case of a disaster. Prior to receipt of the City’s resolution adopting the Plan federal disaster funds will not be available. page 37 Budget Impact There are no budget impacts for the City to approve and adopt. If the City chooses not to adopt, we would not be eligible for both federal disaster relief and mitigation project grant dollars. Recommendation Staff recommends that the Mendota Heights City Council adopt the All-Hazard Mitigation Plan and authorize submittal of the adopted plan to HSEM and FEMA page 38 City of Mendota Heights Dakota County, Minnesota RESOLUTION 2017-12 ADOPTING THE DAKOTA COUNTY ALL-HAZARD MITIGATION PLAN AND AUTHORIZE SUBMITTAL OF THE ADOPTED PLAN TO HSEM AND FEMA WHEREAS, the City of Mendota Heights has participated in the hazard mitigation planning process as established under the Disaster Mitigation Act of 2000; and WHEREAS, the Act establishes a framework for the development of a multi- jurisdictional County Hazard Mitigation Plan; and WHEREAS, the Act as part of the planning process requires public involvement and local coordination among neighboring local units of government and businesses; and WHEREAS, the Dakota County Plan includes a risk assessment including past hazards, hazards that threaten the County, an estimate of structures at risk, a general description of land uses and development trends; and WHEREAS, the Dakota County Plan includes a mitigation strategy including goals and objectives and an action plan identifying specific mitigation projects and costs; and WHEREAS, the Dakota County Plan includes a maintenance or implementation process including plan updates, integration of the plan into other planning documents and how Dakota County will maintain public participation and coordination; and WHEREAS, the Plan has been shared with the Minnesota Division of Homeland Security and Emergency Management and the Federal Emergency Management Agency for review and comment; and WHEREAS, the Dakota County All-Hazard Mitigation Plan will make the county and participating jurisdictions eligible to receive FEMA hazard mitigation assistance grants; and WHEREAS, this is a multi-jurisdictional Plan and cities that participated in the planning process may choose to also adopt the County Plan. NOW THEREFORE BE IT RESOLVED that the City of Mendota Heights supports the hazard mitigation planning effort and wishes to adopt the Dakota County All-Hazard Mitigation Plan. CITY COUNCIL CITY OF MENDOTA HEIGHTS _________________________ ATTEST: Neil Garlock, Mayor ________________________________ Lorri Smith, City Clerk page 39 page 40 1 Request for City Council Action MEETING DATE: January 17, 2017 TO: Mayor and City Council, City Administrator FROM: Kelly McCarthy, Chief of Police / Emergency Manager SUBJECT: Extension of Joint Powers agreement Between Dakota County and the City of Mendota Heights for Emergency Management Services Introduction The City Councils is asked to approve an extension of the joint powers agreement between Dakota County and the City of Mendota Heights. It is a three year agreement. Background Since 2013, the City of Mendota heights has been working collaboratively with Dakota County to ensure that our Emergency Operations Plan is sufficient to coordinate resources and provide policy measures to guide and support emergency management efforts. The JPA provides all the necessary updates and training mandated by state and federal law. Budget Impact The City of Mendota Heights will pay $5,291 in 2017, $5,434 in 2018, and $5,577 in 2019. The 2017 expense is included in the 2017 Emergency Management Budget. Attachments • 2017 JPA Agreement • JPA Work Plan Recommendation Staff recommends that the Mendota Heights City Council approve the extension of the Joint Powers agreement Between Dakota County and the City of Mendota Heights for Emergency Management Services. page 41 JOINT POWERS AGREEMENT BETWEEN DAKOTA COUNTY AND THE CITY OF MENDOTA HEIGHTS FOR EMERGENCY MANAGEMENT SERVICES This Agreement is made and entered into by and between the County of Dakota, by and through the Dakota County Sheriff’s Office, (“County”) and the City of Mendota Heights, (“City”); and WHEREAS, the County and City are governmental units as that term is defined in Minn. Stat. § 471.59; and WHEREAS, Minn. Stat. § 471.59 authorizes local governmental units to jointly or cooperatively exercise any power common to the contracting parties; and WHEREAS, the City desires to retain and compensate a qualified party to provide Emergency Management Services as more fully described herein; and WHEREAS, the County desires and is qualified to provide Emergency Management Services as more fully described herein; and WHEREAS, the County understands and agrees that: 1. The County is not an agent, servant, or employee of the City and shall not make any such representations nor hold itself out as such; and 2. The County shall have no authority to bind the City for the performance of any services or to otherwise obligate the City, authority being specifically limited to the duties assigned under this Agreement; and 3. The County employees performing under this Agreement shall not accrue any continuing contract rights for the services performed pursuant to this Agreement, including but not limited to those afforded by Minn. Stat. § 122A.40, and the County specifically waives any and all rights thereto; and WHEREAS, the Dakota County Board of Commissioners authorized the County to enter into an agreement with the City for the provision of Emergency Management Services; and WHEREAS, the City is willing to retain the County to provide Emergency Management Services. NOW, THEREFORE, in consideration of the mutual promises and benefits that the County and City derive from this Agreement and other good and valuable consideration, the County and City hereby enters into this Agreement for the purposes stated herein. 1. PURPOSE. The purpose of this Agreement is to set out the respective duties and responsibilities of the County and the City for the provision of Emergency Management Services. 2. SCOPE OF SERVICE: The County will provide services and training in accordance with the annual MNWALK requirements for each respective calendar year throughout the term of this Agreement. MNWALK requirements are determined by the Minnesota Homeland Security and Emergency Management (HSEM) division of the Minnesota Department of Public Safety. The Scope of Service is further described in Exhibit 1, which is incorporated in this Agreement. page 42 2 3. TERM. This Agreement is effective January 1, 2017 and shall remain in effect through December 31, 2019, or until completion by the parties of their respective obligations under this Agreement, whichever occurs first, unless earlier terminated by law or according to the provisions of this Agreement. This Agreement may be terminated with or without cause, by either party upon thirty (30) days written notice. 4. DISPUTE RESOLUTION. The County and the City agree to cooperate and use their reasonable efforts to ensure prompt implementation of the various provisions of this Agreement and to, in good faith, undertake resolution of any dispute in an equitable and timely manner. 5. COMPENSATON. 5.1 Total Compensation. The City agrees to pay the County for the Emergency Management Services in an amount for each calendar year as follows: - January 1, 2017 to December 31, 2017: $37/hr, not to exceed $5,291 ($37 x 143 hours); - January 1, 2018 to December 31, 2018: $38/hr, not to exceed $5,434 ($38 x 143 hours); - January 1, 2019 to December 31, 2019: $39/hr, not to exceed $5,577 ($39 x 143 hours). During the Term of the Agreement, if the County or the City receives a grant or other funding to offset the costs of providing Emergency Management Services covered by this Agreement, the amount invoiced to the City will be adjusted downward accordingly. 5.2 Time of Payment. The County shall invoice the City on a quarterly basis for hours of Emergency Management Services rendered during the previous quarter. Such invoicing shall continue until one of the following occurs: a. The completion of the Work Plan; or b. Expiration of the Term of the Agreement; or c. Early termination under the terms of the Agreement; or d. The City completes payment in full. The City shall pay such invoices within thirty (30) days after their receipt. 5.3 Payment Upon Early Termination. If the Agreement is terminated prior to completion of the Work Plan, the City shall pay for satisfactory services performed by the County through the effective date of termination. 6. LIABLE FOR OWN ACTS. Each party to this Agreement shall be liable for the acts of their own agents, volunteers or employees and results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its officers, agents, volunteers or employees. It is understood and agreed that the provisions of the Minn. Stat. § 471.59, the Municipal Tort Claims Act, Minn. Ch. 466 and other applicable laws govern liability arising from the parties’ acts or omissions. Each party warrants that they are able to comply with the aforementioned indemnity requirements through an insurance or self-insurance program and that each has minimum coverage consistent with the liability limits contained in Minn. Stat. Ch. 466. The provisions of Article 7 shall survive the expiration or termination of this Agreement. 7. INDEPENDENT CONTRACTOR. The County is and shall remain an independent contractor with respect to any and all work performed under this Agreement. The County on behalf of its page 43 3 employees and agents shall at all times be free to exercise initiative, judgment and discretion as to how to best perform or provide services identified herein. The County acknowledges and agrees that the County on behalf of its employees and agents is not entitled to receive any of the benefits received by City employees and is not eligible for workers’ or unemployment compensation benefits under the City. The County also acknowledges and agrees that no withholding or deduction for state or federal income taxes, FICA, FUTA, or otherwise, will be made from the payments due the County and that it is the County’s sole obligation to comply with the applicable provisions of all federal and state tax laws. 8. GENERAL. 8.1. Notices. The City or County may, by giving written notice to the other party, designate any address or addresses to which notices or other communications to them shall be sent when required by or related to this Agreement. Until otherwise provided by the respective parties, all notices or communications shall be addressed as follows: To the City: Kelly McCarthy Chief of Police 1101 Victoria Curve Mendota Heights, MN 55118 Telephone: 651-452-1366 To the County: Jim Iliff Emergency Preparedness Coordinator 1580 Highway 55 Hastings, MN 55033 Telephone: 651-438-4703 8.2. Amendments. No amendments or variations of the terms and conditions of this Agreement shall be valid unless in writing and signed by the parties. 8.3. Severability. All terms and covenants contained in this Agreement are severable. In the event any provision of this Agreement shall be held invalid by any court of competent jurisdiction, this Agreement shall be interpreted as if such invalid terms or covenants were not contained in the Agreement and that such holding shall not invalidate or render unenforceable any other provision. 8.4. Choice of Law. The laws of the state of Minnesota shall govern as to the interpretation, validity, and effect of this Agreement. The captions and headings of the provisions under this Agreement are for convenience only and shall not be considered or referred to concerning questions of interpretation or construction. 8.5. Data Privacy. The parties agree that any information and data received from the other party during the term of this Agreement shall be treated and maintained in accordance with all applicable federal, state, and local laws, rules and regulations governing same, including but not limited to the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 and the Minnesota rules implementing the Act now in page 44 4 force or hereafter adopted. The County and the City agree to provide to each other data which is reasonably necessary to fulfill the purpose of this Agreement, provided such sharing of data is done in accordance with the Minnesota Government Data Practices Act and other state and federal law regulating the dissemination of data. 8.6. Waiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the provision or that party’s right to enforce it. 8.7. Non-Appropriation. Notwithstanding any provision of this Agreement to the contrary, this Agreement may be terminated by either party in the event sufficient funds from the County, City, State, Federal or other sources are not appropriated, obtained and continued at least at the level relied on for the performance of this Agreement and the non-appropriation of funds did not result from any act of bad faith on the part of the terminating party. 8.8. Entire Agreement. This Agreement is the entire agreement for the provision of the Emergency Management Services between the City and the County and it supersedes all prior written or oral agreements on this program. There are no covenants, promises, undertakings, or understandings outside of this Agreement other than those as specifically set forth. Any term, condition, prior course of dealing, course of performance, usage of trade, understanding, or agreement purporting to modify, vary, supplement, or explain any provision of this Agreement is null and void and of no effect unless in writing and signed by representatives of both parties authorized to amend this Agreement. IN WITNESS WHEREOF, this Agreement was entered into on the date(s) set forth below and the undersigned, by execution hereof, represent that they are authorized to enter into this Agreement on behalf of the respective parties and state that this Agreement has been read by them and that the undersigned understand and fully agree to every provision, and hereby acknowledge receipt of a copy. Approved by Dakota County Board COUNTY OF DAKOTA Resolution No. 16-635 By__________________________________ Joseph Leko, Chief Deputy Dakota County Sheriff’s Office 1580 Highway 55 Hastings, MN 55033 Date of Signature: ___________________ Approved as to form: /s/Amelia Jadoo 1/4/17 Assistant County Attorney/Date County Attorney File No. KS-16-431-003 page 45 5 CITY OF MENDOTA HEIGHTS Date of signature: We represent and warrant that we are authorized by law to execute this Agreement and legally bind the City. page 46 EXHIBIT 1 WORK PLAN, PROJECT DETAILS and TIME ESTIMATES FOR EACH PROSPECTIVE CALENDAR YEAR DURING THE TERM OF THE AGREEMENT 1. EOP Hours o Individual City meetings with EM 8 o Update of City EOP with new MNWALK 20 o Meeting with EM to discuss gaps / update needs 6 o New Standard Operating Guidelines per MNWALK 41 o EOP final draft 20 o Meeting with each City to present updated EOP 8 Estimated Hours 103 2. Exercises o EOC Tabletop Exercise and Development 16 o EOC Functional Exercise and Development 24 Estimated Hours 40 Total Projected Total Estimated Hours for 2017 Project Year 143 Hours Unknowns and intangibles Scheduling conflicts with City staff could delay processes. Follow through by City staff with deliverables could delay processes. Real Events/Disasters could delay processes. page 47 page 48 DATE: January 17, 2017 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Landscape Design Contract COMMENT: INTRODUCTION The City Council is asked to approve a design contract with Hilscher Design for a Pollinator- Friendly Demonstration Garden and other treatments to the newly constructed drainage areas on the south and east sides of City Hall. BACKGROUND As part of the effort to eliminate long-term water problems in the lower level of City Hall, last fall, the City Engineer designed an exterior drainage system which formed a basin on the south side of the City Hall building. In October and November, two catch basins were installed and tied to a drainage pipe which will take water away from the foundation wall, resulting in a drainage swale on the east side of the building. In keeping with the Council’s designation of Mendota Heights as a “Pollinator Friendly Community”, Master Gardeners Cindy Johnson and Sue Light recommended the drainage basin to be planted with pollinator friendly plantings. They have recommended Hilscher Design and Ecology to do the design work for that. Anticipating that this work would be done in the spring, soil samples were taken before the ground froze. Those samples were tested, and the soil was found to be conducive to the types of planting which are contemplated. The plan would be to install low maintenance, attractive plantings that would be primarily native, but would contain some cultivated plants as well. The plants would be attractive through the season, and would include some with winter interest. At the suggestion of the Master Gardeners, Mendota Heights residents would be invited to come to City Hall on a Saturday on the spring. This way, they could get a “hands on” opportunity to learn how to do pollinator friendly plantings themselves while installing the plants at City Hall. page 49 That would save money for the City on the cost of installation. Work that isn’t able to be done by volunteers may be backfilled by City employees. BUDGET IMPACT The proposal from Hilscher is $2800, which would cover the design work, which would include a materials list of recommended plants. It also includes two hours of time for project management, which would be to help coordinate the installation by volunteers. Time beyond this scope would be billed on an hourly basis. The planting and landscaping materials will need to be ordered soon, so plants may be grown in time for the spring installation. For budgeting purposes, the estimated cost of the planting materials will be in the $5500 range. This cost, and the cost of the design work and remodeling of the lower level of the City Hall building, were not provided in the 2017 City budget. Instead, the funding for this is recommended to be taken from the balance of what had been the water tower fund. The current balance of that is $750,000. That money was earmarked for “buying back” the water system from the City of St. Paul, should that be desired over the next five years. However, in the unlikely event that the buyback should be needed, it is probable that bonds instead be sold. RECOMMENDATION So that the design work can begin now in time for the planting work to be done in the spring, I recommend that the Council accept the proposal of Hilscher for the design of the PF drainage area, for the cost of $2800. It should further authorize staff to order planting and landscaping materials from its wholesale suppliers, for an amount of up to $5500. ACTION REQUIRED If the Council concurs, it should, by motion, authorize approval of the proposal from Hilscher Design and Ecology to design a Pollinator Friendly Demonstration Garden and other landscaping treatments at City Hall for $2800, and further authorize City staff to order Pollinator-Friendly planting materials in an amount of up to $5500. page 50 15729 Fairoaks Avenue North Hugo, MN 55038 Web www.hilscherdesign.com Mark McNeill January 11, 2017 City Administrator 1101 Victoria Curve City of Mendota Heights, MN 55118 RE: Native Plant Garden, pollinator-friendly landscape for City Hall Dear Mark, It was a pleasure to meet with you and Master Gardener Cindy Johnson to discuss designing the landscape for City Hall. Our goal is to create a Native Plant Garden with landscaping that is sustainable, bird and pollinator-friendly for City residents and visitors to enjoy and learn from. This demo garden will showcase ideas they can use in their own landscapes as well as enhance City Hall. 1. Scope of Services To place into writing what we discussed, we will be working together to design and implement the planting master plan for the front landscape beds. We’ll include easy-care plants trees, shrubs, flowers. grasses and ground covers, most of which are native to our area. We’ll be considering many factors in the plantings for City Hall. - Aesthetics: Select flowers to bloom throughout the season, plants with good fall color and winter interest, interesting textures and berries. - Function: Plants will be long-lived and well-adapted to our climate, known for their disease and pest resistance dense. Low ground covers are especially useful along edges with the sidewalk and lawn. Plants will be used to infiltrate water from downspouts. Short, drought-tolerant prairie plants with deep root systems are especially useful for infiltration. Those with high value for wildlife such as birds and pollinators will be of special importance. The planting design will minimize maintenance required to prune, fertilize, water, etc. On the east end, the existing landscape bed will be enlarged for attractive plants and to allow water from rood downspouts to infiltrate. From discussions with Cindy, and Ryan, your City Engineer, and from reviewing photos, I believe the east side slope should probably have 1-2” of topsoil spread and lightly worked in, then seeded with a blend of no-mow fescue grasses, showcasing this simple, sustainable solution. I recommend mulching under the large cottonwood and spruce trees with shredded cedar where it is too shady for grass. page 51 2. The Design Process We begin the process by completing the site analysis. Create a base sheet from the Landscape Improvements plan, dated 9/15/16. Base sheet will likely be drawn at ¼” scale to best show the layout of perennials. Measure existing elements. Take additional photos as well as shoot grades on the east end as needed. (Before the ground froze this fall, two soil samples were taken, prepared and sent in to the Soil Lab at the U of MN). Draw a mylar base sheet. Design the new landscape and make a plant list, discussing/emailing with Cindy Johnson and Sue Light, Master Gardeners, and as needed. Draw a design concept planting plan sketch. Pull together preliminary costing from quality, local nurseries including those specialized in growing native plants with local genotypes. Provide costing for edging and mulch, to be purchased wholesale by the City. Review the plan, photos of plants, construction materials and costing with Cindy and Sue, possibly along with interested City staff and residents. Upon your approval, finalize the planting master plan. Draw onto the mylar base sheet. Finalize the plant list. Work with nurseries for costing and availability, then place the orders. Make blue prints for your own use and as necessary for planting by the master gardeners/citizens. Scan the master plan at Fed Ex and email to you and Cindy. Work for up to 2 hours with the Master Gardeners and City staff on layout and implementation (project management). 3. Completion of Services We’ll complete the site measuring after receiving the project go-ahead, working on the design, costing and ordering over the winter so you can begin construction and planting in spring. 4. Fees As agreed, consulting fees shall be charged at $117.00 per hour. Time spent driving is charged at half that hourly rate. If we continue our work beyond the 2017 calendar year, fees may be raised a moderately, no more than $5.00 per hour. If we continue to work together on other phases or projects, the fees and the terms of payment still apply. I estimate cost for the master plan planting design, plant list, ordering from nurseries, 5 blue prints, project management and travel time (4 site visits) to be $2,800. If additional blue prints are needed from Hilscher Design, the cost is $7 per sheet. 5. Payment To begin the process, the design retainer fee of $300, and the signed contract is required. The design retainer is applied when we finalize the master plan design. Billings for consulting services may be made during the design process. Payment will be submitted promptly, no longer than 15 days after the statement date. page 52 If you would like me to do any additional consulting with you on design, to implement your landscaping, (project management) or work through me to order construction materials or other elements, the hourly rate and terms for payment still apply. Mark, I am really looking forward to designing the Native Plant Garden landscaping at City Hall. I hope you find this contract to your satisfaction and we have a thoroughly enjoyable time working together. If you are in agreement with the proposal, please sign and return one copy. Sincerely, Diane Peck Hilscher Mark McNeill, City Administrator Hilscher Design and Ecology, Inc. Date page 53 page 54 Request for City Council Action MEETING DATE: January 17, 2017 TO: Mayor and City Council, City Administrator FROM: Dave Dreelan, Assistant Fire Chief SUBJECT: December 2016 Fire Synopsis COMMENT: Fire Calls The department responded to 35 calls for the month for a total of 272 fire calls for 2016. The majority of calls were classified as false alarms or as good intent calls. Fourteen of the calls were residential in nature, of the other calls, eight were commercial responses, three were utility checks, five were EMS calls, two were for fuel spills, one as a mutual aid call and there was one car fire. We also had one structure fire that occurred on December 1st resulting in $150,000 in property loss. Monthly Department Training The monthly department training was our annual hazardous materials. The Firefighters reviewed the procedures for responding to hazardous material spills. Some of the items the drill focused on were hazard identification, air monitoring, establishing evacuation zones, chemical properties, and procedures for requesting help from outside agencies. Monthly Squad Training The monthly squad training was an annual training called Captain Choice. This training allows the squad Captains a chance to address any training needs that they feel their squad needs additional work on or to address training requests they may receive by members of their squad. Some captains also use this training as an opportunity to review key trainings that we have done throughout the year. page 55 MENDOTA HEIGHTS FIRE DEPARTMENT DECEMBER 2016 MONTHLY REPORT FIRE CALLS NO. 16238 -16272 NUMBER OF CALLS:35 FIRE ALARMS DISPATCHED:NUMBER STRUCTURE CONTENTS MISC.TOTALS TO DATE ACTUAL FIRES Structure - MH Commercial $0 Structure - MH Residential 1 $120,000 $30,000 $160,000 Structure - Contract Areas $0 Vehicle - MH 1 $45,250 $48,750 Vehicle - Contract Areas $0 Grass/Brush/No Value MH Grass/Brush/No Value Contract TOTAL MONTHLY FIRE LOSSES MEDICAL Assist 3 $120,000 $30,000 $0 Extrication HAZARDOUS SITUATION FIRE LOSS TOTALS MENDOTA HEIGHTS Spills/Leaks 1 Arcing/Shorting ALL FIRES, ALL AREAS (MON $150,000 $208,750 Chemical Power Line Down MEND. HTS. ONLY STRUCT/CONTENTS $158,000 FALSE ALARM Residential Malfunction 2 MEND. HTS. ONLY MISCELLANEOUS $5,000 Commercial Malfunction 5 Unintentional - Commercial 1 MEND. HTS. TOTAL LOSS TO DATE $163,000 Unintentional - Residential 2 Criminal BILLING FOR SERVICES GOOD INTENT Smoke Scare 5 AGENCY THIS MONTH TO DATE Steam Mistaken for Smoke Other 13 MN/DOT $0 MUTUAL AID 1 MILW. RR $0 CNR RR $0 TOTAL CALLS 35 OTHERS: $0 LOCATION OF FIRE ALARMS:TO DATE LAST YEAR TOTALS:$0 $0 MENDOTA HEIGHTS 30 210 219 MENDOTA 1 4 5 FIRE MARSHAL'S TIME FOR MONTH SUNFISH LAKE 1 24 15 LILYDALE 2 18 18 INSPECTIONS 28.5 OTHER 1 16 12 INVESTIGATIONS TOTAL 35 272 269 RE-INSPECTION WORK PERFORME HOURS TO DATE LAST YEAR MEETINGS 6 FIRE CALLS 559 4140.5 4240 MEETINGS 44 409 349.5 ADMINISTRATION 19 DRILLS 143 1929 1785 WEEKLY CLEAN-UP 33 436.5 427.5 SPECIAL PROJECTS 11 SPECIAL ACTIVITY 120.25 2543.5 2822 ADMINISTATIVE 0 0 0 TOTAL 64.5 FIRE MARSHAL 64.5 535 594.5 TOTALS 963.75 9993.5 10218.5 REMARKS:SEE OTHER SIDE FOR SYNOPSIS page 56 page 57 page 58 page 59 page 60 page 61 page 62 page 63 page 64 page 65 page 66 page 67 page 68 page 69 page 70 Request for City Council Action DATE: January 17, 2017 TO: Mayor and City Council, City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Joint Powers Agreement for Pilot Knob Road Improvements with Dakota County & Ordinance No. 507 establishing “No Parking” zones COMMENT: Introduction The Council is asked to approve a Joint Powers Agreement with Dakota County & approve Ordinance No. 507 establishing “No Parking” zones. Background Dakota County is proposing to widen Mendota Heights Road from 1,000 feet west of County State Aid Highway (CSAH) 31 (Pilot Knob Road) to 800 feet east of CSAH 31 to create left turn lanes at CSAH 31, signal revision at CSAH 31 and Mendota Heights Road, and the conversion of the CSAH 31 and Northland Drive intersection to a ¾ intersection. The project also requires the establishment of “No Parking” zones. Discussion The attached Joint Powers Agreement (JPA) establishes responsibility for the project and per County policy, establishes the cost share for the project. Project costs are divided with Dakota County paying 55% of the costs and the City of Mendota Heights paying 45%. The partial closure of the Northland Drive & CSAH 31 intersection will be an item of interest. The partial closure is proposed to make the intersection safer as there is a high crash frequency currently. The “No Parking” zone on Mendota Heights Road is currently codified to be from Northland Drive to CSAH 31. The project will require that the current zone be expanded to the east, Enterprise Drive is the proposed termini for this extension. Northland Drive is proposed to have an established “No Parking” zone within 250 feet of CSAH 31. The east side of Northland Drive is currently posted as “No Parking” but it is not identified in the city code. page 71 On January 12th, Dakota County held an informational meeting on this project for affected businesses at Mendota Heights City Hall. Any input from that meeting will be relayed to the City Council at its January 17th meeting. Budget Impact Under this JPA the City would be responsible for 45% of the total project cost (construction, design & administration). Based on the estimates from Dakota County, the City of Mendota Heights would pay $78,000 ($35,100 for construction and $42,900 for engineering) of the total project cost of $875,333. In addition, Dakota County has secured Federal funding in the amount of $702,000. This project is proposed to be funded with Municipal State Aid (MSA) funds. There are sufficient funds available to cover this expense. Recommendation/Action Required Staff recommends Council approve the attached Joint Powers Agreement for Street Widening, Signal Revision, Right-of-Way Acquisition and Intersection Construction. This action requires a simple majority vote. Staff also recommends that the Council approve Ordinance No. 507 establishing “No Parking” zones on Mendota Heights Road and Northland Drive. This action requires a simple majority vote. page 72 City of Mendota Heights Dakota County, Minnesota ORDINANCE NO. 507 AN ORDINANCE AMENDING TITLE 6, CHAPTER 3, SECTION 3 OF THE CITY CODE The City Council of the City of Mendota Heights, Minnesota ordains as follows: The following streets are hereby added or amended to Title 6, Chapter 3, Section 3, Paragraph C of the City Code: Parking prohibited on Certain Streets: No person shall park or leave standing any motor vehicle on the following streets or portions thereof in the City: Street Side Location Northland Drive Either From 250 feet east and west of Pilot Knob Road Revised parking: Street Side Location Mendota Heights Road Either From Pilot Knob Road to Northland Drive Shall be amended to: Street Side Location Mendota Heights Road Either From Enterprise Drive to Northland Drive Adopted and ordained into an Ordinance this 17th day of January, 2017. CITY COUNCIL CITY OF MENDOTA HEIGHTS ___________________________ Neil Garlock, Mayor ATTEST: ______________________________ Lorri Smith City Clerk page 73 page 74 page 75 page 76 page 77 page 78 page 79 page 80 page 81 page 82 DATE: January 17, 2017 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Appointment of Fire Chief COMMENT: INTRODUCTION The Council is asked to appoint David Dreelan as Fire Chief for the City of Mendota Heights, effective March 1, 2017 BACKGROUND At the December 20th City Council meeting, John Maczko announced his retirement after 31 years as Chief of the MHFD. His resignation will become effective on February 28, 2017. In order to find his successor, the Council directed that the vacancy be posted, and that a Selection Panel be appointed to interview prospective candidates. Two current officers on the MHFD stepped forward. On January 12th, the two were interviewed. After considering the two highly qualified individuals, the Panel recommends to the City Council that it appoint David Dreelan as the next Fire Chief for the MHFD. Mr. Dreelan has been a member of the MHFD for more than 26 years, and has served in all officer capacities of the Department (except Chief) during that time. He is also the full-time Deputy Chief for the City of Plymouth’s Fire Department. Assistant Chief Position: If Mr. Dreelan is appointed as Fire Chief, a vacancy will be created in the Assistant Chief’s position. In order to get both positions filled before the end of February, it is recommended that the notice of the Assistant Chief vacancy be posted at the MHFD, and that a Selection Panel again be appointed to consider candidates. The current job description for the Assistant Chief position is attached. In order to start the process moving, the notice of vacancy should be posted on January 18th, and be available until February 3rd. The interviews would be held so that the City Council could make that appointment on February 21st. The Fire Department’s process calls for essentially the same make-up on the Panel for the Assistant Chief’s position—two members of the MHFD; two members of the City Council, the Police Chief, and City Administrator. The only difference is that the Fire Chief from another city would be replaced by the Mendota Heights Fire Chief. The firefighters will again choose two of their members to serve on the new panel. The City Council should likewise appoint two of its members. RECOMMENDATION I recommend that the City Council appoint David Dreelan as Fire Chief effective March 1, 2017; that the notice of the availability of the Assistant Chief position be posted at the MHFD until the close of business on February 3rd; and that it appoint the Selection Panel, to include two of its members. ACTION REQUIRED If the Council concurs, it should, by motion, take the following actions: 1. Appoint David Dreelan as Mendota Heights Fire Chief effective March 1, 2017; 2. Direct that the notice of the availability of the Assistant Chief position be posted at the MHFD until the close of business on February 3rd; and 3. Appoint two of its members to serve on the Selection Panel for the Assistant Chief position, with other members to be made up of two members as determined by the MHFD; the Fire Chief, Police Chief, and the City Administrator. Assistant Fire Chief Position Summary – In the absence of the Fire Chief, the Assistant Fire Chief shall perform all functions and exercise all authority of the Chief. The Assistant Chief will also provide general staff support to the Fire Chief carrying out specific duties as requested. The Assistant Chief will also be given primary responsibility for specific duties. Essential Duties and Responsibilities – The Assistant Fire Chief shall be considered second in command and shall be responsible for the following: Administration- 1. Be under direct supervision of the Chief of the department. 2. Assist the Chief in administration of the entire department. 3. Second in command of the Fire Department, acts as Fire Chief assuming all responsibilities and exercises all authority given to the Chief in times of his/her absence. 4. Supervises and coordinates activities of Line Officers and Firefighters. Emergency Incident Response- 1. Respond to fires and other emergencies as paged. Typically as Incident Command in the absence of the Fire Chief. 2. Directs Fire Department crews in providing emergency services. 3. Provides accurate size-up of emergency situations and develops and implements plans to effectively deal with each scenario. Maintenance of Apparatus, Equipment and Buildings – 1. Coordinates and manages preventative maintenance programs and testing procedures for apparatus and equipment. 2. Coordinates major repair work for apparatus and equipment. 3. Supervises any maintenance personnel as needed. General – 1. Enforce all rules, regulations and orders of the department. 2. Remain in the position until he/she retires, resigns or is removed by the City Council. 3. Provides input into budget activities or proposals. 4. Provides input into personnel actions. 5. Provides detailed records and/or reports as needed. page 85 Required Knowledge, Skills and Abilities – 1. Thorough knowledge of firefighting methods and procedures. 2. Knowledge of fire prevention methods and procedures. 3. Knowledge of firefighting equipment. 4. Leadership capabilities and potential ability to define and communicate to others the proper role of the fire department as it relates to the needs of the community and the rest of the city. 5. Administrative ability – budgeting, record keeping and development of procedures. 6. Completed a significant amount of study in extracurricular coursework pertaining to training and firefighting procedures. Such areas of study shall include: a. Instructor/officer training b. Fire ground command c. Tactics d. Management e. Hazardous materials f. Leadership training Minimum Qualifications – 1. Six (6) years minimum firefighting experience. 2. Successfully meet all minimum requirements of Fire Captain 3. Shall pass a department physical. 4. If the individual fails to meet any of the position requirements or responsibilities at any time he/she shall notify the Fire Chief as soon as possible but in no case more than 72 hours. Physical Requirements – The Assistant Fire Chief must be able to meet all physical requirements as listed under the “Firefighter” job description. Work Environment – The Assistant Fire Chief must be able perform in the same work environment as listed under the “Firefighter” job description. Position Relationships – The Assistant Fire Chief reports directly to the Chief. page 86 DATE: January 17, 2017 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Shared Recycling Coordinator Position COMMENT: INTRODUCTION The City Council is asked to approve an agreement which would allow the City to utilize a shared part time recycling coordinator positions with the Cities of West St. Paul and South St. Paul BACKGROUND Last year, staff from Mendota Heights attended meetings with the Cities of West St. Paul, South St. Paul, and Inver Grove Heights, to discuss to concept of a shared recycling coordinator position. The need for recycling help is more significant this year, as Dakota County cities will have to have a plan for recycling a minimum of three materials. A letter dated December 6, 2016 (attached) outlines our City’s responsibilities for recycling. None of those four cities alone can justify a position dedicated solely to that, but each could use a few hours each week. In the end, the cities of West St. Paul and South St. Paul chose to go ahead. A position was advertised, and has been offered to an individual who will work for those cities for ten hours per week, each. The position will be an employee of the City of West St. Paul. There is still an opportunity for the City of Mendota Heights to participate, at four hours per week. The City’s recycling efforts were previously the responsibility of the City Planner, but those responsibilities were assigned to the Public Works Director when staff and responsibilities were reorganized in 2016. Having a position staffed by a person who is knowledgeable about recycling requirements and techniques would be a benefit to the City. page 87 If the City participates, the shared position would be available in City Hall on a set day of the week. BUDGET IMPACT The position was hired at $17-18 per hour. Mendota Heights would have that expense (approximately $3640), plus a proportionate share of benefits—approximately $500. The 2017 Mendota Heights budget did include funding for recycling in the amount of $15,000, which anticipated a possible shared position of 5 hours per week, plus benefits. It would be difficult for the City to hire a qualified individual for such a small number of hours per week on its own. RECOMMENDATION I recommend that the City Council authorize participation in a shared recycling position with the Cities of West St. Paul and South St. Paul, for four hours per week. If approved, a Joint Powers Agreement memorializing the details will be presented at a future meeting for consideration. ACTION REQUIRED If the Council concurs, it should, by motion, approve participation with the Cities of West St. Paul and South St. Paul, for a shared recycling position, to serve the City of Mendota Heights for four hours per week. page 88 page 89 page 90 page 91 page 92