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2020-01-21 Council Packet
1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Adopt Agenda CITY OF MENDOTA HEIGHTS CITY COUNCIL AGENDA January 21, 2020 – 7:00 pm Mendota Heights City Hall 5. Presentations a. Update on Fire Station Expansion/Remodel by Paul Oberhaus, CPMI 6. Consent Agenda a. Approve the January 7, 2020 City Council Minutes b. Approve the January 2, 2020 Council Work Session Minutes c. Acknowledge the December 10, 2019 Parks and Recreation Commission Minutes d. Approve Resolution 2020-07 Participation in Dakota County Traffic Safety Group Joint Powers Agreement e. Approval of Truck Purchase for Streets Department f. Approval of Truck and Jetter Purchase for Utility Department g. Approval of Contract with Building Official, A to Z Home Inspections, LLC h. Approval of Resolution 2020-05 Approving Community Development Block Grant (CDBG) Funding Application through Dakota County – FY 2020 i. Ratify 2020-2021 Labor Agreement with Law Enforcement Labor Services, Inc. Local #76 j. Ratify 2020-2021 Labor Agreement with the International Union of Operating Engineers, Local #70 k. Approve Out-of-State Travel Request for Community Development Director l. Approve Purchase Order for Ivy Falls East Soil Borings m. Approve Appointments to the Dakota Broadband Board’s Board of Directors and Executive Committee n. Approve Ordinance 550 Regarding the Licensing of Contractors o. Approve the Purchase of a Turf Sprayer p. Acknowledge November 2019 Par 3 Financial Report q. Approval of December 2019 Treasurer’s Report r. Approval of Claims List 7. Citizen Comment Period (for items not on the agenda) *See guidelines below 8. Public Hearings - none 9. New and Unfinished Business a. Resolution 2020-08 Approve Permanent Easement to Northern States Power in Valley Park b. Resolution 2020-06 Approve Appointments to the Planning Commission and the Parks and Recreation Commission c. Fire Station Purchases – Furnishings and Fire Two-Way Radio Telephones d. Establish Date for Council Work Session to Discuss Warming House Reconstruction 10. Community Announcements 11. Council Comments 12. Adjourn Guidelines for Citizen Comment Period: “The Citizen Comments section of the agenda provides an opportunity for the public to address the Council on items which are not on the agenda. All are welcome to speak. Comments should be directed to the Mayor. Comments will be limited to 5 minutes per person and topic; presentations which are longer than five minutes will need to be scheduled with the City Clerk to appear on a future City Council agenda. Comments should not be repetitious. Citizen comments may not be used to air personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council members will not enter into a dialogue with citizens, nor will any decisions be made at that presentation. Questions from the Council will be for clarification only. Citizen comments will not be used as a time for problem solving or reacting to the comments made, but rather for hearing the citizen for information only. If appropriate, the Mayor may assign staff for follow up to the issues raised.” DATE: January 21, 2020 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Fire Station Construction Update There will be an update on the status of the Fire Station construction project at the January 21st City Council meeting. Mark McNeill City Administrator page 3 page 4 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, January 7, 2020 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. Councilors Duggan, Miller, Paper and Petschel were also present. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Garlock presented the agenda for adoption. City Administrator Mark McNeill requested to add Item 10B. Adjourn to Closed Session of the City Council, for the purpose of property acquisition, as permitted by Minnesota Statutes, Section 13D.05, Subdivision 3(c)(3). Councilor Duggan moved adoption of the agenda as amended. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Mayor Garlock presented the consent calendar and explained the procedure for discussion and approval. Councilor Petschel moved approval of the consent calendar as presented, pulling items c) Designate the Official Newspaper for 2020, d) Designate the Acting Mayor for 2020, and l) Approval of Claims List. a. Approval of December 17, 2019 City Council Minutes b. Acknowledge the November 26, 2019 Planning Commission Minutes c. Designate the Official Newspaper for 2020 d. Designate the Acting Mayor for 2020 e. Approve 2020 Financial Items, Resolution 2020-01 Establishing 2020 City Depositories of Funds, Resolution 2020-02 Accepting Pledged Securities for 2020, and Authorize Finance Director to Execute Electronic Payments and Prepay Claims page 5 f. Approve Contract with TimeSaver Off site Secretarial, Inc. g. Accept Firefighter Resignation h. Accept Police Sergeant Resignation and Authorize the Internal Promotional and Police Officer Recruitment Process i. Acknowledge November 2019 Fire Synopsis j. Approve the Amended Building Activity Report for November 2019 k. Approve the Building Activity Report for December 2019 l. Approval of Claims List m. Authorize Purchase of Pothole Asphalt Trailer Councilor Miller seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEMS C) DESIGNATE THE OFFICIAL NEWSPAPER FOR 2020 Councilor Duggan noted that the Star Tribune has a larger reading area compared to the Pioneer Press. He stated that the Pioneer Press is being recommended but wondered if there should be a discussion because of the larger readership of the Star Tribune. Councilor Petschel believed that the circulation in Mendota Heights is larger for the Pioneer Press. She commented that the Pioneer Press has been used in the past and it has been a good tool. She recommended the City remaining with the Pioneer Press. Mayor Garlock stated that he would agree as the quote for the Pioneer Press seems more reasonable. Councilor Petschel moved to designate the Pioneer Press as the official newspaper of the City for 2020. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 D) DESIGNATE THE ACTING MAYOR Councilor Duggan stated that he has always felt that this is an important position, even though the Mayor is rarely absent. He stated that he agrees with the appointment of Councilor Paper. Councilor Duggan moved to designate Councilor Joel Paper as the Acting Mayor for 2020. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 L) APPROVAL OF CLAIMS LIST Councilor Duggan referenced the payment to the Department of Labor and Industry, and asked for information on the surcharges. page 6 Finance Director Kristin Schabacker explained that those surcharges are paid on building permits. She explained that the City collects that charge and passes it on to the State of Minnesota as required. Councilor Duggan referenced the payment to Great River Greening and asked if this work is completed on a rotational basis. Public Works Director Ryan Ruzek reviewed the parks that have been worked on for invasive species removal. He stated that the Natural Resources Plan update will help to prioritize the areas for invasive species removal in the future. Councilor Duggan moved to approve the claims list. Councilor Petschel seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS Thomas Smith, Hampshire Drive, referenced comments made at the December 19th Planning Commission meeting. He stated that Planning Commissioner Mazzitello suggested that the floor area ratio is out of date and inappropriate. Mr. Smith pointed out that the City has a quality industrial park because of the conservative floor area ratio. He stated that Mr. Mazzitello expressed regret that the applicant, Metro Self- Storage, has spent so long attempting to gain approval to build a self-storage unit in the Industrial District. He believed that to be pandering to the developer. He stated that Mr. Mazzitello’s comments were a direct insult to the other members of the Commission and stated that he does not deserve reappointment. Steve Nelson, 1220 Sylvandale Road, stated that he has lived in Mendota Heights for 10 years and has a small stake in a case that will be discussed tonight. He stated that he is community focused and a locally based individual. He noted that comments at the podium at previous meetings have been dominated by a loud few that state they represent the community, which is not the truth. He stated that he has spoken to a number of his neighbors and they are excited about the self-storage project. It is a business they will use and it will generate additional tax dollars. He believes that Metro Storage, the applicant, has already articulated how the first-class operation would be run. He stated that the speakers stated that when googling storage units there are hundreds of negative comments. He noted that he completed a google search and found no such comments. He stated that he was bothered that such false information was presented with such authority. PUBLIC HEARING Community Development Director Tim Benetti explained that the Council was being asked to consider Resolution 2020-03 Approving a Critical Area Permit and Wetlands Permit for 774 Sibley Memorial Highway (Matt and Jeanne Kenevan). He noted that the applicants would be constructing an in-ground swimming pool and provided background information on the property. He displayed the site plan and noted that the existing shed would be required to be moved outside of the easement area. He noted that page 7 the bluff lines and heavily wooded areas would not be disturbed. He reviewed the analysis completed by staff and any applicable conditions that would be recommended. Councilor Petschel referenced recommended condition #4 which states that draining water from the pool shall be directed onto the owner’s property only, and shall not drain directly into the nearby bluff impact zone, bluff area, or creek/wetland system. She asked where that drainage would flow to. Community Development Director Tim Benetti explained that if any backflushing or drainage is done, the water would flow into the swale, through the front yard and towards the roadway. He stated that this pool is proposed to be more of a kept system, rather than a system that requires drainage or flushing. Councilor Miller asked about the potential pitfalls that could occur in the unlikely event that the pool would need to be drained, as this would be saline water. Community Development Director Tim Benetti stated that with the distance the pool is from the bluff line and channel way, any saline water should have zero impact if it were to reach those areas. Councilor Miller asked when the shed on the property would be moved. Community Development Director Tim Benetti commented that staff would recommend requiring that action to be completed by the end of the pool construction. Public Works Director Ryan Ruzek commented that the structure is a chicken coop that would be removed from the site. Councilor Miller stated that he would like to see a definitive date included in the condition. Councilor Petschel stated that she would be willing to add to the resolution that the shed be moved or removed by the completion of the pool construction. Councilor Duggan referenced the language “native looking stone” and received confirmation from staff that the resolution language would state “native stone or wood”. He stated that he supports the project. Mayor Garlock moved to open the public hearing. Councilor Duggan seconded the motion. Ayes: 5 Nays: 0 Mr. Nik Hawley, Performance Pools, stated that he is the contractor for the project. He stated that the water would be 2,700 parts per million which would be less than a tear drop’s worth of salt. He stated that the intent of the plan would be to drain everything away from the bluff as the drainage plan proposed. He stated that flushing a pool is not necessary with the newer systems. He stated that a liner replacement would occur perhaps every 15 years and the water would be drained following the drainage plan. Councilor Miller asked if there is a process that could occur to desalinate the water when pumping is necessary. Mr. Hawley replied that he is not aware of such a process. There being no one further coming forward to speak, Councilor Duggan moved to close the public hearing. page 8 Councilor Petschel seconded the motion. Ayes: 5 Nays: 0 Councilor Duggan moved to approve Resolution 2020-03 Approving a Critical Area Permit and Wetlands Permit for 774 Sibley Memorial Highway, with the changes suggested by Council. Councilor Petschel seconded the motion. Ayes: 5 Nays: 0 NEW AND UNFINISHED BUSINESS A) RESOLUTION 2020-04 RELATING TO A VARIANCE FOR NEW PERSONAL SELF- STORAGE USE AND FACILITY LOCATED IN THE I-INDUSTRIAL DISTRICT AT 1178 NORTHLAND DRIVE Community Development Director Tim Benetti explained that the Council was being asked to approve Resolution 2020-04, relating to a Variance for a self-storage facility to be located in the Industrial District at 1178 Northland Drive. He stated that the applicant, in consultation with staff, decided to simply present the variance for this case at this meeting. A request for a conditional use permit would also be needed for this project, and may be brought to an upcoming meeting. He provided details of the property, which has remained vacant for a number of years. Mr. Benetti then provided details on the proposed site plan and the floor area ratio (FAR) requirement, which is the reason for this variance request. He also reviewed background information on this case which began in May of 2019. Councilor Duggan asked for additional information on the decision that was made last year to allow self storage facilities in the Industrial District, which was not previously allowed. He stated that, during that discussion, he did not believe there was discussion related to a FAR requirement. Community Development Director Tim Benetti agreed and stated that, at that time, the discussion focused on whether the use should be allowed in the Industrial District. Councilor Duggan stated that the Council approved the concept of the use only. He stated that if he would have known about the FAR requirement, he would not have approved that decision. He stated that a variance from the FAR could not be granted solely for economic reasons. He noted that the applicant stated that the request for a variance from the FAR because the project would not work financially otherwise. City Attorney Andy Pratt provided additional details on the three-part test applied to variance requests. He noted that some parts of the test would have more weight than others. He stated that the Code states that economic considerations may be a factor in the decision but cannot be the only reason for the request and provided examples. Councilor Duggan referenced page 111, the Planning Commission notes, and read the statements aloud from the applicant related to the project scale and economic feasibility. page 9 Councilor Petschel stated that a person brokered this property without even speaking to staff to determine the allowed uses within the industrial park. She explained that a previous Council and Planning Commission worked very hard to develop the allowed uses within the industrial park. She stated that some of the cities that have allowed self-storage are now considering moratoriums against that use. She stated that she has remained consistent from the beginning and has never been able to support self-storage as an allowed use. She commented that she does not believe that it would be appropriate to issue a variance as the business model the business would need in order to have a feasible business on this property would never meet the FAR. She commented that this remains a valuable piece of property. Councilor Miller referenced the three-point test of a variance and commented that this would be an appropriate use and it would not impact the character of the area. He referenced page 149, where the applicant stated that the variance request is not due to characteristics of the property and therefore, he continues to struggle with the second point of that three-point test. He stated that his reservations about self-storage facilities were put to rest when he toured the facility owned by the applicant in Burnsville last spring. He stated that if the City were going to have a storage facility, this would be the one he would want, but that it would need to be contained within the parameters that guide the City. He stated that he voted against removing or changing the FAR and remains challenged by the second part of the three-part variance test. He stated that his opinion does not reflect the quality of the applicant’s business, but he will not be able to support the request. Councilor Paper stated that this has been discussed at length and he was willing to change the FAR, not just for one project, but in the scope of what business could come to the Industrial Park in the future. He noted that he again did not support the variance because he does not believe in changing the rules as that could open the door to a proliferation of this type of use. He stated that they are now talking about one project on a specific lot and he has received nothing but positive feedback from residents. He stated that he has not heard any personal comments from people that do not support the project. He stated that he would support the variance for this one specific project in the Industrial District. Mayor Garlock stated that he was impressed by the facility when he toured the Burnsville location and has received a lot of positive feedback from residents that would like to see self-storage in the Industrial Park. He stated that his votes have remained consistent throughout this process. He believed that the FAR is restricting what can be done in the Industrial Park and commented that there are other requirements that can continue to ensure quality products there. He stated he is in favor of the variance request tonight. Councilor Duggan stated that there are always challenges with new uses in a community and therefore you fall back on the rules and regulations as guides. He stated that the product could be a good product but should be smaller to fit the City’s requirements. He noted that the applicant has stated that the product could not be smaller and still be financially feasible. When based solely on financial reasons, he stated he cannot support the variance. Councilor Paper commented that there is a lot of vacancy in the carefully planned industrial park and if changes are not made, there will continue to be vacancy and the less vibrant that area will become. He stated that if you are not moving forward, you are falling behind, and something needs to be done to help the industrial park catch up. He stated that if the City continues to block new users in the industrial park, it will become less vibrant. page 10 Councilor Miller asked if the vacancy in the industrial park is due to the inflexibility of the City. Councilor Paper stated that he does not know that answer. Councilor Miller stated that is a valid question and believes that the City should perhaps do a deeper dive on that question. Community Development Director Tim Benetti stated that he has not received any of those types of comments. He stated that the questions that he receives are related to whether a use would be allowed on a specific site. He stated that he cannot answer the question of why some buildings remain unleased, noting that it could be an issue of building lease amounts or management. He noted that the comments he receives are related to the desirability of the industrial park location because of its proximity to the MSP airport. Councilor Miller stated that if the Council is serious about answering that question, it would be appropriate to review that topic in order to make changes in an educated manner. Councilor Petschel stated that a survey was recently completed in the Industrial Park which provided valuable input. She stated that the Council has been very flexible for the open existing spaces in terms of reviewing conditional uses that were neither allowed nor disallowed. She noted that those new additions are really being enjoyed by residents in the community. She stated that the Council has been flexible and responsive to help the owners of buildings in the business park, noting that those requests have not required variances. Community Development Director Tim Benetti commented that the applicant is present if the Council would like to allow a brief presentation. Bob Heilman, representing Metro Storage, LLC, noted that since the first time they approached the City almost one year ago, they have continued to show the same building size. He stated that this is their template that they use throughout the metro area. He noted that the City’s zoning code was developed 40 years ago, and this proposed type of storage building is a new concept and therefore did not exist when the code was developed. He stated that the building as discussed fits all the other metrics of the City with the exception of the Floor Area Ratio (FAR). He stated that the practical difficulty is that the FAR contradicts the other elements of zoning. He stated that FAR is meant to address intensity of the use, and self-storage would have one of the lowest intensity uses . He stated that this site has irregularities that make it a good fit for self-storage as opposed to other uses. He believed that one reason this site remains undeveloped is because of the unique/difficult access to the site, as it only has a one limited access point. He noted that there is also a large easement on the site that handles drainage for the area and therefore the site has a smaller buildable area. He stated that the reason the access/location would not impede his business is because his business has low intensity and is a destination business. He commented that his business is a great neighbor and family owned, with good relationships with the cities they reside in. He stated that he believes that he meets all of the variance tests, as this building could be constructed if FAR did not exist. He stated that access, grading and easements are all unique characteristics of the property that make it difficult to develop but well suited for self-storage. He stated that this would be a beautiful building that would improve the character of the area and would also provide a good tax base. He stated that all business is economically related, but the reason for the variance is because they cannot meet the FAR. He stated that, in the eight years they have been in the metro, they have never had the police called to a facility because of the monitoring and management they provide. page 11 Dave Carland, Venture Pass Partners, stated that his company is an involuntary owner of the property. He stated that when the property was presented to them, it was presented with the zoning code and they understood that self-storage was not a permitted use. He stated that they then spoke with City staff to discuss the possibility of self-storage. He stated that the challenges of the site exist and noted that he approached many other possible uses that were not interested because of the poor access, the sloping of the site, and the shape of the site. He stated that this is a challenging site and they will need to be creative. He stated that the City services and infrastructure can support a three-story building and was unsure why the City would not want to generate three times the tax base. Councilor Paper stated that one story, two story, or three stories does not necessarily make a difference. He explained that from the outside you would not be able to tell whether there are multiple floors or whether it is a warehouse inside. He commented that this use also has low intensity. Bernie Friel, 750 Mohican Lane, commented that he does not have an investment in this project and has resided in the community for six decades. He stated that in May of 2019, City Attorney Andy Pratt conducted a seminar for the Planning Commission related to variances and the factors necessary to support a variance. He stated that the practical difficulty is necessary to issue a variance. He stated that the three- factor test applies to all variances and all three factors must be satisfied. He stated that on December 13th, the applicant submitted a supplement to its original variance application and conceded that the variance request was not due to any property characteristics. Therefore one factor of the three-point test cannot be met and a variance should not be issued. He stated his opposition is focused on the request not meeting City Code requirements, rather than the project itself. City Attorney Andy Pratt stated that it is fairly common to prepare resolutions of approval and denial in cases of this matter, as he has. He noted that when preparing draft resolutions, he only works with City staff and does not work with the applicant. Councilor Duggan stated that he discussed the issue with Community Development Director Tim Benetti to provide some recommended grammatical changes to the language for the draft resolution denying the resolution, which he believed should be discussed. Community Development Director Tim Benetti reviewed the suggestions provided by Councilor Duggan. City Attorney Andy Pratt read language from City Code related to variances which was used to draft the resolution. Councilor Miller asked if this is language is used for all variance resolutions or drafted specific for this consideration. City Attorney Andy Pratt stated that some of the language is taken directly from City Code, while some items are specific to this request. Councilor Petschel stated that she would prefer to remain consistent with the language within City Code. Councilor Miller agreed that if changes are necessary, that should be done on a higher level rather than making smaller changes per application. page 12 Councilor Duggan stated that his intent was simply to bring the discussion forward to the Council and provided additional input on his suggestions. He noted that his intent was for the language to become more specific. City Attorney Andy Pratt stated that some of the City Code language is drafted to cover more broad situations. He provided input on the suggested language changes from Councilor Duggan and those that he believes could be incorporated into the resolution to add clarity. Councilor Petschel stated that she would prefer to leave the draft resolution as presented. Councilor Miller stated that perhaps the semantics of the City Code language used in resolutions should be discussed in a workshop meeting, rather than attempting to make changes on an individual basis. Councilor Petschel stated that she is opposed to changing language drafted and approved by legal counsel that follows City Code. Councilor Duggan reviewed the changes he proposed that City Attorney Andy Pratt agreed with and confirmed the consensus of the Council with those changes. Mayor Garlock stated that, as Mayor, it is his job to promote growth and development and believes that the Council should make changes to support those actions. He stated that the costs of services are increasing, and development needs to increase to provide that support. He commented that the FAR is out of date and antiquated. He commented that Mendota Heights is a beautiful city but has been spinning its wheels recently. He stated that this is a great product and he would like to see this beautiful building built here, which will also increase the tax base. He stated that this is an opportunity to make a change for a lot that has multiple challenges. It is a use that fits well on the lot and provides a service needed by residents in the community. He stated that if the Council continues to act on regulations from 45 years ago, he would be concerned for the future. He stated that a lot of work needs to be done in order to promote the Industrial Park to create longevity and success. Councilor Duggan agreed that the City has an obligation to promote development but must also follow its rules and regulations. Councilor Petschel moved to deny RESOLUTION 2020-04 RELATING TO A VARIANCE FOR NEW PERSONAL SELF-STORAGE USE AND FACILITY LOCATED IN THE I-INDUSTRIAL DISTRICT AT 1178 NORTHLAND DRIVE, AS THE PLIGHT HAS BEEN CREATED BY THE APPLICANT AND ITS SPECIFIC BUSINESS MODEL THAT CANNOT BE ACCOMMODATED BY THE FLOOR AREA RATIO (FAR), and with the suggested grammatical changes. Councilor Duggan seconded the motion. Ayes: 3 Nays: 2 (Garlock and Paper) page 13 Mr. Jim Walston, attorney representing Metro Storage, stated that in light of this vote, and the passage of the ordinance to allow personal self-storage facilities as a use in the Industrial Park last May, and the testimony heard tonight, he requested a polling of the Councilmembers that voted in favor of the denial as to how the FAR promotes the authorized regulatory powers of the City of Mendota Heights. City Attorney Andy Pratt stated that a vote was taken to deny the variance and he suggested that any additional communication occur through written means. Councilor Petschel stated that she is puzzled by the question and agreed that if there are additional questions the applicant would want answered, those should be submitted in writing. Mr. Walston stated that he thought it would be best for the City’s position to state the legal reasoning as to why the Council believes the FAR limitation promotes the best interest for the City of Mendota Heights. He stated that he is not hearing any and has not heard any for the past year. He stated that if the three Councilors are unwilling to do that, he accepts that. Councilor Petschel stated that they would be willing to do so, but in writing and on advice of legal counsel. B) APPOINTMENTS TO HISTORIC PILOT KNOB TASK FORCE City Administrator Mark McNeill stated that the Council was being asked to consider the six recommended appointments to the Historic Pilot Knob Task Force. Those recommended are: Al Singer--Involved in conservation education, natural resource management and land acquisition for more than 40 years. Autumn Hubbel—Outdoor Education Supervisor for Dakota County Parks, Christine Soutter—Member of the Pilot Knob Preservation Association since 2004. Dale Bachmeier--General Manager of Acacia Park Cemetery, Juanita G. Corbine Espinosa—Recommended by the Pilot Knob Preservation Association (PKPA) to represent PKPA on the Task Force. Gail Lewellan--an advocate for the preservation of Pilot Knob/Oheyewahe since 2003. She was a founding member of the Pilot Knob Preservation Association. Councilor Petschel moved to approve the six appointments to the Historic Pilot Knob Task Force as presented. Councilor Duggan seconded the motion. Ayes: 5 Nays: 0 page 14 C) DETERMINE DATE FOR INDEPENDENCE DAY FIREWORKS DISPLAY City Administrator Mark McNeill provided a brief background on this item. He stated that the Council has been asked whether there is interest in holding the fireworks display on Sunday, July 5th. It was the consensus of the Council to leave the fireworks display on July 4th. COMMUNITY ANNOUNCEMENTS City Administrator Mark McNeill announced that the Royal Ball will be held on February 9th in South St. Paul, while Blade with the Blue will be held on February 8th at Friendly Hills Park. The City is making its best effort to have outdoor ice, but that is weather dependent. COUNCIL COMMENTS Mayor Garlock stated that thoughts and prayers from the Council and City go out to Officer Eric Matson of Waseca Police Department who was shot attempting to make an arrest on Monday night. He stated that the City also experienced the passing of retired Officer David Olmstead, Badge #2214, who worked on the Mendota Heights Police Department for over 30 years. He stated that the memorial service will be held at the Fort Snelling Chapel on January 15th. Councilor Paper wished everyone a happy new year and noted that the Council needs to do a better job of being more efficient and not getting bogged down in the details at meetings. Councilor Duggan sent wishes of recovery to Mayor Garlock and a happy new year to everyone. ADJOURN TO CLOSED SESSION At 9:15 p.m., Mayor Garlock stated that as permitted by Minnesota Statutes, Section 13D.05, Subdivision 3(c)(3), the purpose of the closed session is to discuss a potential offer for the purchase of real property at 2085 Valencour Circle. Councilor Miller moved to adjourn the Regular Session to a Closed Session of the Council. Councilor Petschel seconded the motion. Ayes: 5 Nays: 0 At 9:45 p.m., Councilor Miller moved to return to the Regular Open Session of the City Council. Councilor Petschel seconded the motion. Ayes: 5 Nays: 0 page 15 City Administrator McNeill stated that no official action was taken by the Council in the closed session. The Council will provide a summary of the closed session at the next regular meeting. ADJOURN Councilor Paper moved to adjourn. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 Mayor Garlock adjourned the meeting at 9:46 p.m. ____________________________________ Neil Garlock Mayor ATTEST: _______________________________ Lorri Smith City Clerk page 16 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the City Council Work Session Held January 2, 2020 Pursuant to due call and notice thereof, a work session of the City Council, City of Mendota Heights, Minnesota was held at the City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Garlock called the meeting to order at 4:00 pm. Councilmembers Duggan, Paper and Petschel were also present. Councilor Miller arrived at 4:05 pm. City staff present included Mark McNeill, City Administrator; Cheryl Jacobson, Assistant City Administrator; Tim Benetti, Community Development Director; Ryan Ruzek, Public Works Director; Michael Andrejka, Building Official; and Lorri Smith, City Clerk. BUILDING CONTRACTORS Michael Andrejka, the City’s Building Official, met with the Council to discuss the current licensing of contractors in the City. He explained which contractors already need to be licensed by the State of Minnesota, and that state licenses ensure a higher level of professionalism. When a contractor pulls a permit with the City, their credentials with the State of Minnesota would still be checked by city staff. By having the City also license contractors, it could be a liability for the city. City staff is proposing an ordinance which would delete the requirement of contractor licenses in the City. Councilor Duggan asked how many complaints City Hall receives from residents in regards to contractors they have hired. Mr. Andrejka stated the City does not receive many, and that most of those are related to the quality of the work performed. Councilor Paper asked what the Building Official is looking for when they inspect a property. Mr. Andrejka stated he is only looking for State Code violations. The Council was in agreement to bring forward an Ordinance to delete the requirement of licensing contractors working in Mendota Heights. COMMISSION APPOINTMENTS City Administrator McNeill discussed with the Council the term limits that are set for the Planning Commission and the Parks and Recreation Commission, which is three consecutive terms. He stated there are no term limits set for the Airport Relations Commission (ARC) due to the complexity of the issues the Commission discusses. page 17 Councilor Petschel discussed the history of the Airport Relations Commission and how this commission used to be the City’s only voice to the Metropolitan Airport Commission. When the Noise Oversight Committee was developed, things changed. The responsibilities of the ARC now are to review the operational statistics at the airport, help residents understand the workings of the airport, and to host guest speakers on airport related topics. She recommended that the ARC set goals and objectives, engage the public more in their discussions, and televise their meetings for the public. It was noted that the ARC recently started to televise their meetings on NDC4. The Council was in agreement to amend City Code Section 2.4.2, to include term limits for the ARC, similar to the term limits that are in place for the other two city commissions, and to implement the term limits starting in one year. The Council was also in agreement to continue to reappoint Commissioners who have an interest in continuing to serve on their respective Commission. Councilor Duggan left the meeting at 4:40 pm. COUNCIL GOALS AND OBJECTIVES The Councilors each stated their top three goals for the Council. #1 – Garlock – to develop the Bourn property for mixed/commercial use. Petschel – to continue to develop the Natural Resources Group, not necessarily a commission. Paper – develop the Bourn property into a park or public use area. Miller – to allocate the remaining money needed to complete the preparation of the Natural Resources Plan. #2 - Garlock – purchase additional property, attach to Pilot Knob property, develop the area Petschel – develop a cohesive plan for Pilot Knob property, work with Dakota County to include the entire bluff area. Paper – obtain a new estimate and construct dugouts at Mendakota fields. Miller – update the trail system signing, include mile markers, update the maps, etc. #3 - Garlock – work with MnDOT to obtain the section of Old Sibley Memorial Highway being abandoned, to keep it open to through traffic. Petschel – develop a cohesive plan for The Village and The Plaza, new name for the area, beautify it, possible new monument signing. Paper – develop a plan for regulating small cell tower wireless in the public right of way. Miller – identify the challenges for traffic on Dodd Road, identify changes that may be needed, and to include bike lanes. The Council discussed the need for a regional traffic study, working with Dakota County and abutting cities to accomplish this. page 18 OTHER The Council members discussed how ordinances are brought forward to the Council for action. The members were in agreement that all ordinance changes should be discussed at a Council Work Session before they are brought forward to a regular meeting of the Council for official action. RENTAL LICENSING City Administrator McNeill discussed the current language in the City Code that requires all rental housing units to be licensed with the City. This was started in 2006 to ensure that rental housing units in the City do not deteriorate the parcel or the neighborhood. At that time, there was an issue with parking of too many cars at a rental house in the City. The Council reviewed a sample ordinance from the City of Bayport which licenses short term rentals. The Council members were in agreement to further discuss a rental registration system so the city has contact information on the owners and the tenants. The Council was also in agreement to further discuss short term rental ordinances. ADJOURN The meeting was adjourned at 5:35 pm. ___________________________ Neil Garlock, Mayor ____________________________ Lorri Smith, City Clerk page 19 page 20 CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA PARKS AND RECREATION MEETING December 10, 2019 The December meeting of the Mendota Heights Parks and Recreation Commission was held on Tuesday, December 10, 2019, at Mendota Heights City Hall, 1101 Victoria Curve. 1. Call to Order – Chair Steve Goldade called the meeting to order at 6:30 p.m. 2. Roll Call – The following Commissioners were present: Chair Steve Goldade, Commissioners Patrick Cotter, Pat Hinderschied, Bob Klepperich, Stephanie Meyer, and David Miller Absent: Dan Sherer and Student Representative Matthew Boland. Staff present: Recreation Program Coordinator Meredith Lawrence, Assistant City Administrator Cheryl Jacobson and Public Works Director Ryan Ruzek. 3. Pledge of Allegiance 4. Approval of Agenda Motion Klepperich/second Meyer to add Approval of Minutes from November 6, 2019 Workshop Session to the agenda AYES 6: NAYS 0: ABSENT 1 5.a Approval of Minutes from November 12, 2019 Regular Meeting Motion Klepperich/second Cotter to approve the minutes of the November 12, 2019 Parks and Recreation Commission regular meeting. AYES 6: NAYS 0: ABSENT 1 5.b Approval of Minutes from November 6, 2019 Workshop Session Motion Cotter/second Miller to approve the minutes of the November 6, 2019 Parks and Recreation Commission workshop session. AYES 6: NAYS 0: ABSENT 1 6. Citizen Comment Period (for items not on the agenda) Mr. Orrin Kirschbaum, 1392 Cherry Hill Road, stated that on the corner to where he lives is Wentworth Park. The Commission has done a nice job of renovating it over the years; however, the tennis courts have been neglected. There are a lot of residents that would love to play tennis. Two things he cautioned on were: 1. If the tennis courts are rehabilitated, please do not replicate what was done at Ivy Falls when they put in the plastic pieces. 2. It would nice if the courts could be saved, the fencing is in poor condition, and the courts have not been done for many years. Chair Goldade replied that the Commission has been taking tours of the parks and did take note of the needs of the tennis courts at Wentworth Park. 7. Acknowledgement of Reports 7.a Par 3 Update Commissioner Hinderscheid reminded everyone that there are options available if a resident does not play golf. Recreation Program Coordinator Meredith Lawrence pointed out that the Par 3 should show a small operating profit for this year. page 21 7.b Recreation Update The Recreation Update was included in the Commission packet and included the following topics: • Winter Break Field Trip Opportunities o Registration is available online o Partners with the City of West St. Paul • Superhero Masquerade Recap • Gymnastics • Orbit Earth • Skating Lessons • Warming House Update • Summer Program Planning Commissioner Hinderscheid asked if the cost of the mower would come out of the cash fund for the Par 3 or out of the General Fund. Ms. Lawrence replied that the cost will be recommended to come out of the General Fund. This was included in the 2020 preliminary budget. The City Council approved the budget at the last Council meeting. Motion Klepperich/second Miller to acknowledge the Par 3 and Recreation Updates AYES 6: NAYS 0: ABSENT 1 8. Unfinished Business 8.a Lego League City Shaper Presentation Mr. Joe Frazier, coach of The Convent of the Visitation First Lego League team, introduced the team members who then presented their City Shaper Civil Engineering project. Their focus was on creating an updated version of Rogers Lake that is ADA accessible; this included: • Recreating the boat launch o Currently there is a small dirt trail that gets muddy o Cementing the area (7 ft long x 9 ft wide) at a cost of $1,500 • Replace the existing swing set o Include the current regular swings and baby swing o Include an ADA compliant swing with a pull chain and rubber mat o Total cost would be approximately $5,616 • Add shade to the Rogers Lake Park Playground o It would be 38 feet in diameter and 10-15 ft tall at a cost of $11,000 - $15,000 o One for the playground and a second one for ADA compliant swing set o Made out of steel and woven polypropylene mesh • Improve the fishing dock o Add a fishing dock bridge with bridge of 50 ft x 6 ft; the fishing area is 20 ft x 10 ft; cost would be approximately $10,000 o Apply for a grant from the Minnesota Department of Natural Resources (MN DNR) Partnership Program for Fishing Piers and Shore Fishing Areas • Adding a Community Center/Cat Space o 1,600 square feet o Main room, bathrooms, utility room, storage room, and extra space used for cat care o Three ADA compliant bathrooms ranging from $10,000 - $20,000 each o The utility room would house the furnace ($3,500 - $5,500) and a water heater ($2,500) page 22 o Main room would include spots on the community rack for information on hiking through trees and a guided nature walk o Small food stand o Cabana should be kept for renting for parties o Total cost would be approximately $125,000 • Adding a place for cats to hang out; playroom including cat trees, cat toys The Commissioners expressed their appreciation to the team for their presentation and praised their speaking skills and creativity. They asked questions of each of the presenters on the reasons or thoughts behind their recommendations, other ideas taken into consideration, details on the plans identified, and where they got their cost estimates. 8.b Playground Capital Improvement Plan Public Works Director Ryan Ruzek presented a list of the 11 parks in the city with playground equipment. This included the year each park was built and the costs of each. The Commission reviewed the list and made the following recommendations: • Park partial/full replacements every year, starting with Marie Park in 2020 and ending with Wentworth, possibly in 2030 – depending on budget • Budget for Marie Park would be close to $175,000 – high due to things are not getting any less expensive – for a complete park replacement (as necessary) Motion Klepperich/second Miller to approve a Capital Improvement Parks Plan where the parks would be improved on a year-over-year basis with a budget of $175,000, based on 2019 dollars, to be further homed in at the start of each year Discussion Commissioner Hinderscheid noted that it was his belief that when the Commission talked about this previously it was decided that the Commission would request monies needed specifically. He was unsure that the City Council would act on a $175,000 budget without specifics on what the plan was. Chair Goldade added that this, for him, was saying that whatever the Commission wanted to go forward on with a suggested budget includes a playground update. So the budget for 2020 would include Marie Park, and going forward this Commission believed that either a total replacement or partial replacement of playground equipment was probably, if not #1 on the budgeting every year, it would be very close to that because they see the value of those amenities in the community. AYES 6: NAYS 0: ABSENT 1 8.c Community Engagement Check In Recreation Program Coordinator Meredith Lawrence stated that the Commission wanted to work on Community Engagement to obtain feedback. Commissioner Cotter explained that he and Chair Goldade scheduled a meeting at The Village Commons. Information was sent out ahead of time. Unfortunately, there were no takers and no guests. They decided to try again in January with refreshments. Commissioner Hinderscheid explained that he and Chair Goldade have set up a meeting with the Mendota Heights/West St. Paul Rotary Club for January 8 at Southview Country Club. This will be a breakfast meeting and they will have 30 minutes to make a presentation. page 23 Commissioner Meyer explained that she and Vice-chair Klepperich struck out with Community Education; however, they are working with some of the Neighborhood Watch folks that have held meetings at City Hall to talk about security and neighborhood safety. It is possible they have at least one person interested. They hope to hold some small groups in homes. They have also been talking with the Mendota PTA; they have a meeting January 21, 2020 and they hope to get on that agenda. 9. New Business 9.a 2020 Draft Project List Recreation Program Coordinator Meredith Lawrence explained that each month she meets with Chair Goldade and Vice-chair Klepperich to plan the Commission Meeting agenda and Vice-chair Klepperich mentioned that he would like the Commission to come up with four or five projects that they would like staff to start working on for 2020. Commissioner Sherer was not able to attend but did send Ms. Lawrence his suggested list: • Dugouts for Mendakota Park • Playground Improvements at Marie Park • Civic Center Park – Field Lighting • Friendly Hills Tennis Court Resurfacing Chair Goldade stated that, based on the previous conversation, Marie Park is already on the draft 2020 Project List and Wentworth Tennis Courts is also on the list from last month. Suggestions were made by the Commissioners as follows: Commissioner Hinderscheid: • Dedicated Pickleball Court • Splash Pad (with 50% public support/donations) even though this was not recommended by the City Council Commissioner Cotter: • Skate Park at Rogers Lake Resurfacing • Marie Park • Wentworth Tennis Courts Resurfacing • Friendly Hills Tennis Court Resurfacing Commissioner Meyer: • Valley Park as a possibility for Pickle Ball Courts • Par 3 Trail Connection Commissioner Miller: • Market Square Park – Shade Structure is questionable • Stand alone Pickle Ball Facility somewhere Commissioner Klepperich: • Dugouts for Mendakota Park • Wentworth Tennis Courts Resurfacing • Friendly Hills Tennis Court Resurfacing • Playground Improvements page 24 Chair Goldade: • Dugouts for Mendakota Park Chair Goldade summarized the commission’s priorities as: • Marie Park • Wentworth Tennis Courts Resurfacing • Dugouts for Mendakota Park • Friendly Hills Tennis Court Resurfacing • Stand-alone Pickle Ball Courts Ms. Lawrence reminded the Commission of the continuing work on the Warming House that will continue in 2020. 9.b Set Meeting Dates for 2020 Recreation Program Coordinator Meredith Lawrence shared the proposed meeting dates for the Commission in 2020. Traditionally, these meetings occur on the 2nd Tuesday of each month. The Commissioners reviewed the dates and had no changes. 10. Staff Announcements Recreation Program Coordinator Meredith Lawrence made the following announcements: • Flooding has and will continue for the rinks • Unknown when warming houses will be open for the season – progress is being made • Opening for the Parks and Recreation Commission as Mr. Miller will be completing his term at the end of January - information can be found on the city's website • Opening on the Planning Commission – information can be found on the city’s website 11. Student Representative Update None. 12. Commission Comments and Park Updates Vice-chair Klepperich: • Acknowledged that Matthew Boland was given a very nice award at the Finals of the State Football Tournament representing St. Thomas Academy – he was named their Outstanding Teammate • Shout out to the Public Works Crew for all of the work on the streets Commissioner Meyer – no comments Commissioner Hinderscheid: • Complemented the Lego League presentation – they did a wonderful job and he was really impressed Commissioner Miller: • Victoria Highlands Playground – one can no longer see the leftover baseball equipment; however, it is probably under the snow • Next month is his last month on the Parks & Recreation Commission; he suggested to the members of the Mother’s Club that they should apply Chair Goldade: page 25 • Had a chance to walk Valley Park; lots of changes but it is still a beautiful park • Has not been to Wentworth Park lately but he is sure the equipment is in and people are playing on it • The new fencing is in at the Dog Park for the small dogs • It is a great time of year to go out and enjoy the weather, even if it is cold 13. Adjourn Motion Klepperich/Second Meyer to adjourn the meeting at 7:53 PM AYES 6: NAYS 0: ABSENT 1 Minutes Taken By: C. Darlene Oehlke Independent Contractor page 26 DATE: January 16, 2020 TO: Mayor, City Council, and City Administrator FROM: Wayne Wegener, Police Captain SUBJECT: Resolution 2020-07 Participation in Dakota County Traffic Safety Group Joint Powers Agreement (JPA) INTRODUCTION The City Council is asked to approve a resolution authorizing the City’s continued participation in the Dakota County Traffic Safety Group. BACKGROUND The City of Mendota Heights currently participates in the Dakota County Traffic Safety Group through a joint powers agreement (JPA). The purpose of this group is to partner with other Dakota County agencies to provide increased traffic enforcement and driver education, thereby increasing safety to the community. These efforts focus primarily on drunk driving, distracted driving, speeding, and seatbelt use. The current JPA for the Dakota County Traffic Safety Group expired at the end of December, 2019. The JPA presented in this resolution allows Mendota Heights to continue to participate with these agencies to provide increased traffic enforcement and enhance the safety of the citizens of the City of Mendota Heights through 2030. ATTACHED • Joint Power Agreement (with all signature pages removed except Mendota Heights) BUDGET IMPACT There is no budget impact. The State of Minnesota Office of Traffic Safety coordinates funding for this JPA through a grant. RECOMMENDATION If Council desires to implement the recommendation, pass a motion authorizing the Mayor to sign Resolution No. 2020-07 FORMALLY AUTHORIZING CONTINUED PARTICIPATION IN A JOINT POWERS AGREEMENT (JPA) WITH THE “DAKOTA COUNTY TRAFFIC SAFETY GROUP.” page 27 page 28 City of Mendota Heights Dakota County, Minnesota RESOLUTION 2020-07 A RESOLUTION FORMALLY AUTHORIZING PARTICIPATION IN A JOINT POWERS AGREEMENT (JPA) WITH THE “DAKOTA COUNTY TRAFFIC SAFETY GROUP” WHEREAS, the City of Mendota Heights desires to follow Minnesota Statute 471.59 “Joint Exercise of Powers”; and WHEREAS, this requires the governing bodies of the agency enter into an agreement; and WHEREAS, the agreement must address certain items including, but not limited to, liability, purpose of the agreement, disbursement of funds, termination of the agreement; and WHEREAS, the City currently partners with other Dakota County agencies to provide increased traffic enforcement and driver education to increase safety in the community; and WHEREAS, the City believes continued participation with these agencies to provide increased traffic enforcement will enhance the safety of the citizens of the City of Mendota Heights and; WHEREAS, the City Council of the City of Mendota Heights has duly considered this matter and wishes to continue participate with these agencies to provide increased traffic enforcement, by means of approving a joint powers agreement. NOW THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of Mendota Heights approves its continued participation in the Dakota County Traffic Safety Group, and authorizes the appropriate City Officials to execute the enabling Joint Powers Agreement for said group. Adopted by the City Council of the City of Mendota Heights this 21st day of January, 2020. CITY COUNCIL CITY OF MENDOTA HEIGHTS _________________________________ Neil Garlock, Mayor ATTEST ___________________________ Lorri Smith, City Clerk page 29 page 30 page 31 page 32 page 33 page 34 Request for City Council Action MEETING DATE: January 21, 2020 TO: Mayor, City Council, and City Administrator FROM: John Boland, Public Works Superintendent SUBJECT: 2020 Ford F250 4x4 Purchase Introduction The Council is asked to approve the purchase of a new Ford F250 4x4 XLT that was included in the 2020 budget. Discussion As part of the 2020 budget, $36,300.00 was budgeted in the Street Department for the purchase of a new ¾ ton pickup truck. Two quotes were obtained and they are: Inver Grove Ford $35,500.00 Midway Ford (from the state contract) $35,544.91 Both prices include tax and license. Both prices also include the trade-in allowance of $3,500.00 for the 2010 Ford Explorer which has 114,000 miles and used by city hall staff. The old truck will be kept at city hall for staff use and is a 2009 Chevrolet Silverado with 87,000 miles. Budget Impact There is $36,300.00 in the Streets Department budget to cover the cost of the purchase of the new truck. Recommendation Staff recommends that the Mendota Heights City Council approve the purchase of a new Ford 250 4x4 XLT truck from Inver Grove Ford in the amount of $35,500.00 that includes tax, license and a trade-in value of $3,500.00. Action Required If Council concurs with the recommendation, they should pass a motion authorizing staff to purchase a new Ford 250 4x4 XLT truck from Inver Grove Ford in the amount of $35,500.00 that includes tax, license and a trade-in value of $3,500.00. This action requires a simple majority vote. page 35 page 36 Request for City Council Action MEETING DATE: January 21, 2020 TO: Mayor, City Council, and City Administrator FROM: John Boland, Public Works Superintendent SUBJECT: Purchase of a Jet Truck and Truck Mounted Jetter Introduction The Council is asked to approve the purchase of a cab and chassis with a truck mounted jetter off the state contract. This equipment replaces the 1991 Ford F800 jet truck and truck mounted jetter. Discussion As part of the 2020 budget, $235,000 was budgeted in the Utility budget for the purchase of a cab, chassis, and truck mounted jetter. The quote off the state contract is from Interstate Truck Center for the cab and chassis is $83,319.00. The quote from Flexible Pipe Tool Company for the truck mounted jetter is $161,196.00. The price for all the equipment is $244,515.00. The trade-in value for the 1991 Ford F800 jet truck and truck mounted jetter is $10.000. The total price will then be $234,515.00. Budget Impact There is $235,000 in the utility budget to cover the cost of the cab, chassis, and truck mounted jetter. Recommendation Staff recommends that the Mendota Heights City Council approve the purchase of a Freightliner cab and chassis from Interstate Truck Center in the amount of $83,319.00 and the truck mounted jetter from Flexible Pipe Tool Company in the amount of $161,196.00. The total price is $234,515.00 with the $10,000 trade-in value. Action Required If Council concurs with the recommendation, they should pass a motion authorizing staff to purchase a Freightliner cab and chassis from Interstate Truck Center in the amount of $83,319.00 and the truck mounted jetter from Flexible Pipe Tool Company in the amount of $161,196.00 for a total price of $234,515.00 with the $10,000 trade-in value. This action requires a simple majority vote. page 37 page 38 Request for City Council Action MEETING DATE: January 21, 2020 TO: Mayor and City Council, City Administrator FROM: Tim Benetti, Community Development Director SUBJECT: Renewal of Contractor Agreement for Building Official Services – Year 2020 Introduction The Council is asked to renew an agreement with A to Z Home Inspection, LLC (Michael Andrejka) for Building Official and inspections services. Background The City of Mendota Heights is required to have a designated Building Official. For the past 6 years, the City has contracted with Mike Andrejka, who serves as the city’s designated Building Official. During this period, the City has received few, if any, complaints about the service he provides to our residents and businesses, and overall staff is very pleased with his work and service to the community. Mr. Andrejka is an experienced and certified building inspector and has vast experience in Dakota County in monitoring and inspecting construction. Mike has worked as a contracted inspector with other companies, and has served as building inspectors for Apple Valley, Inver Grove Heights, Saint Louis Park, Minneapolis and Bloomington. In addition, Mr. Andrejka has been a home renovation contractor. Budget Impact Mr. Andrejka is currently paid $70/hour under the 2019 contract; and provides an average of 25-30 hours per week. Compensation does not include holiday, vacation, or sick leave pay. This fee is at or near the average rate of other [competing] inspection companies. This 2020 contract provides a new $72/hour rate, which reflects an approximate 3% cost of living increase, similar to what city staff received in 2020. The updated contract document is attached and has been reviewed by the City Attorney for content. The Building Official budget has an amount included for approximately 25 hours per week at $72 an hour. If the average approaches 30 hours per week, the amount paid may be greater than budgeted. Even if the average is closer to 30 hours a week, it is likely that the amount budgeted for permit revenues will also be greater or enough to cover the increased costs for this budget year. Recommendation Staff recommends Council approve the attached contract with A to Z Home Inspection, LLC. If Council wishes to implement staff’s recommendation and agrees with the terms and compensation rate of this contract, please make a motion approving the attached contract. This action requires a simple majority vote. page 39 INDEPENDENT CONTRACTOR AGREEMENT Building Official Services Contract between A to Z Home Inspection (Michael Andrejka – Building Official Contractor) and the City of Mendota Heights - 2020 This Independent Contractor Agreement – Building Official Services Contract (the “Agreement”) is made and entered into as of this ________ day of ___________________, 2020 by and between Mike Andrejka, of A to Z Home Inspection, LLC hereafter referred to as “Contractor”, and the City of Mendota Heights, a Minnesota municipal corporation and political subdivision, hereafter referred to as “City”. This Agreement shall be deemed in effect immediately upon adoption by the Mendota Heights City Council. WHEREAS, the City regulates the construction, reconstruction, repair, remodel, alteration, and demolition of structures as defined by the Minnesota State Building Code, hereafter referred to as the “Code”; and WHEREAS, under Title 9, Chapter 1, Section 3, Paragraph B of the City Code of the City of Mendota Heights (the “City Ordinance”), the “code enforcement officer” appointed by the City Council, specifically known as the “Building Official” shall have the responsibility for enforcing and administering the Code; and WHEREAS, the City requires the Building Official to administer and enforce the Code within the incorporated limits of the City and within the exterritorial limits as permitted by Minnesota Statutes §326B.121; and WHEREAS, Contractor and/or their agents is certified and qualified to administer and enforce the provisions and regulations set forth by the Code; and WHEREAS, the City desires to utilize Contractor’s services as an independent contractor in accordance with the terms of this Agreement; and WHEREAS, Contractor desires to provide these services to the City as an independent contractor and the City desires to utilize Contractor’s services for the purposes described in this Agreement. THEREFORE, for mutual consideration the parties hereby agree as follows: 1. During the term of this Agreement, as the City Council appointed ‘designated Building Official’ for the City, Contractor agrees to administer and enforce the provisions of the Code and other related duties as directed by the City Council or City staff. All parties understand that as the ‘designated Building Official”, Contractor is obligated to perform their duties and responsibilities to the best of their abilities under the laws of the Code. If an unresolvable conflict arises between the request of the City Council or City staff and the legal duties required by the Code, the Code shall dictate the actions of the Building Official. Administration and enforcement of the Code shall include the following duties: page 40 a. Facilitate the issuance of Building, Plumbing, Mechanical, and other designated Permits for the City; b. perform plan review of construction documents and plans to ensure compliance with the Code; c. Perform required inspections and review specialized inspection reports as required by the Code or as deemed necessary by the Building Official; d. Perform investigations, inspections, and prepare reports and letters sent on behalf of the City Building Inspection Department; e. Attend meetings and submit reports as deemed necessary and pertinent by the City Council. This would include, at a minimum, a monthly Building Activity Report that summarizes the month's building permit activity. Permits and reviews for the following are excluded from this Agreement and are the responsibility of others: Minnesota Fire Code; Fire Suppression Systems; Minnesota Electrical Code; Minnesota Elevator Code; Minnesota Pollution Control Agency (MPCA) permits; and Subsurface Sewage Treatment System (SSTS) regulations. 2. The City agrees to provide Contractor with access to pertinent information, records, systems and data, as deemed necessary to perform all duties of this Agreement. 3. Contractor shall provide all tools, transportation, and communication devices deemed necessary to perform the duties of this Agreement. 4. The City will provide Contractor with a work station, city phone (land-line) with voice mail account, and a desktop computer with e-mail account. Additionally, Contractor will be provided access to office equipment (copier, scanner, fax, etc.) and supplies for use in performance of City Building Official duties, along with City business cards and a City photo identification card. 5. Contractor shall perform the duties of this Agreement at such locations and at such times as they deem appropriate to diligently, reasonably, and in good faith execute the terms of this Agreement. It is estimated that the work required to fulfill the terms of the Agreement will be approximately 30 hours per week on average. 6. Contractor shall provide the City with access to any books, documents, papers, and records which are directly related to the duties of this Agreement, for the purpose of performing an audit, examination or review of such documents. This obligation to provide the City access to such books, documents, papers, and records shall begin as of the date of this Agreement and shall extend up to three years after the termination of this Agreement, or as otherwise required by applicable record retention statutes and regulations in effect at the time of the termination. 7. All plans, diagrams, reports, and documents created in connection with the performance of this Agreement shall become the property of the City. Such use and retention by the City shall not relieve any liability on the part of Contractor. page 41 8. Contractor shall comply with Minnesota Statutes, Chapter 13, The Minnesota Government Data Practices Act (the “Act”), and all information supplied by Contractor to City is subject to the Act. Contractor acknowledges and agrees that the City shall be entitled to disclose data related to this Agreement as required by the Act and other applicable law. Such information shall become public data unless it falls into one of the exceptions of the Act. Contractor shall notify the City of any data that they believe should be classified as non-public data pursuant to the Act. 9. The laws of the State of Minnesota shall control this Agreement. Venue for all legal proceedings arising out of this Agreement or its breach shall be in Dakota County, Minnesota. 10. This Agreement, in conjunction with City Ordinance Title 9, contains the entire understanding of the parties with respect to the matters contained herein, and supersedes all other written and oral agreements between the parties with respect to such matters. 11. This Agreement is binding only when signed by both parties. Any modifications or amendments must be in writing and signed by both parties, and in the case of the City, approved by action of the City Council. 12. If any provision or provision of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 13. If a contract dispute regarding the terms of this Agreement arises, the prevailing party shall be entitled to collect its attorney’s fees and related costs. 14. This Agreement may be executed in counterparts, any one of which shall be deemed to be an original, but such counterparts when taken together, shall constitute but one agreement. 15. Contractor represents and warrants that no member, official officer, nor employee of the City has or shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. 16. This Agreement does not create a partnership relationship between Contractor and the City. Contractor does not have the authority to enter into contracts on the City’s behalf. 17. Nothing contained in this Agreement shall be deemed to create an employer-employee relationship between the City and Contractor. At all times, Contractor shall act as an independent contractor and shall exercise independent supervision and control over the means and manner by which Contractor performs the services and duties under this Agreement. Contractor shall be responsible for the performance and completion of the services under this Agreement and shall be solely responsible for the setting of work hours and schedules necessary to complete the services set forth herein. The City does not provide training or instruction for Contractor, or financially reimburse Contractor for the same, without express written consent and approval by City Council. The services under this Agreement shall be performed at the locations selected by Contractor; page 42 however, the City will provide a work station location at which the services under this Agreement can be administered and performed. Consistent with the relationship between the parties to this Agreement, the City will not be obligated to carry or provide for Contractor workers’ compensation, unemployment insurance, health insurance, or any other benefits or prerequisites that the City accords to any of its employees; nor will the City withhold state or federal taxes on the fees paid to Contractor. Contractor agrees to supply its tax identification number or employer identification number from the Internal Revenue Service and, if applicable, Contractor’s state taxpayer identification number, and to comply with all tax laws applicable to the operation of a business such as Contractor’s, including but not limited to reporting of all gross receipts therefrom as income from the operation of the business, the payment of all taxes, compliance with all employment tax requirements from withholding on any employees hired by Contractor, and compliance with state employment workers’ compensation laws. Contractor acknowledges that payments by the City to Contractor will be subject to information reporting requirements (and backup withholding requirements, if and as applicable), as the same are imposed by applicable law. As an independent contractor, Contractor shall not receive any pension or fringe benefits, including but not limited to Public Employee’s Retirement Association (PERA) contributions, vacation, or sick/personal leave, disability, health, medical, or dental insurance, holiday pay or other benefits. The City does not provide equipment, supplies, tools, or materials necessary to perform the services under this Agreement except for those explicitly stated herein. The City shall provide to Contractor an IRS Form 1099 with respect to consideration paid to Contractor for services under this Agreement. Contractor is responsible to pay all state and federal taxes on the amounts they receive from the City. 18. Contractor shall not enter into subcontracts for any of the services to be provided under this Agreement without prior knowledge and approval of the City. 19. The City places a priority on customer service; as such, Contractor agrees to respond to e-mail and voice mails as promptly as possible. In addition, plan reviews are to be completed in an expedient manner. As a rule-of-thumb, plan reviews (if subject application is deemed complete) should be completed and returned to the applicant within two (2) weeks of receipt for residential plans and within three (3) weeks of receipt for commercial plans. 20. Contractor and the City agree to abide to the obligations and conditions stipulated by Minnesota Rules, Section 1300.0110, Subp. 9, LIABILITY, and Minnesota Statutes, Sections 326B.121 and 326B.133, as well as all obligations and conditions that directly relate to the “Building Official” within the Code. 21. For the services provided by Contractor under this Agreement, the City agrees to make payments as set forth below: a. As payment for Building Official services provided under this Agreement, Contractor shall receive from the City the hourly compensation of: $72.00. b. All work shall be billed on a bi-weekly basis and shall be due and payable from the City within thirty (30) days of receipt of such bill. page 43 c. Invoicing of this compensation shall be divided by Contractor and shown on the invoice divided into the following categories: • Building Permit Inspection • Plan Review • Meetings/Reports Monthly reports to the City Council, whether oral or written, and attendance at City Council meetings shall be considered on a case-by-case basis and may be billable to the City or directly to the permit applicant as determined by City staff. 22. Neither party shall assign this Agreement or any interest arising herein without consent of the other party. 23. The provisions of this Agreement shall become effective retroactive to January 1, 2020. This Agreement may be terminated by either party with or without cause upon thirty (30) days written notice. Such termination shall not affect the rights and obligations of the parties accrued prior to the termination date. Sections 6 and 18 shall survive the termination of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year written below. CITY OF MENDOTA HEIGHTS, MINNESOTA ___________________________________________ _____________________ Neil Garlock, Mayor Date ATTEST: ___________________________________________ _____________________ Lorri Smith, City Clerk Date: A TO Z HOME INSPECTIONS, LLC ___________________________________________ _____________________ Mike Andrejka Date page 44 Request for City Council Action MEETING DATE: January 21, 2020 TO: Mayor and City Council, City Administrator FROM: Tim Benetti, Community Development Director SUBJECT: Resolution Approving Community Development Block Grant (CDBG) Funding Application through Dakota County – Year 2020 Introduction The City Council is asked to adopt a resolution which would approve an application and support to the CDBG Program for 2020. Background: Attached is the annual Community Development Block Grant (CDBG) Application for federal fiscal [program] year 2020, along with an accompanying resolution for consideration and adoption. This year’s request is $23,329 for the Housing Rehabilitation Loan Program. In previous years, the City has used the CDBG funds to renovate up to two substandard homes per year, whose owners meet the criteria set forth in the Grant program. 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. The CDA requests every city that participates in this annual CDBG Program, to adopt a resolution of support and approval, which is attached hereto. Please note adopting this resolution after the application deadline (January 17, 2020) does not disqualify the City from this 2020 CDBG Program year. Budget Impact There are no impacts to the city budget. Recommendation City staff recommends the City Council adopt the attached resolution approving an application and support to the CDBG Program for 2020. Action Required Adopt RESOLUTION No. 2020-05 APPROVING THE APPLICATION OF THE CITY OF MENDOTA HEIGHTS FOR FISCAL YEAR 2020 DAKOTA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING. This action requires a simple majority vote. page 45 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2020-05 RESOLUTION APPROVING THE APPLICATION FOR FISCAL YEAR 2020 DAKOTA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING WHEREAS, the City of Mendota Heights is a participating jurisdiction with the Dakota County Community Development Block Grant (CDBG) Entitlement Program for Fiscal Year 2020 (ending June 30, 2021); 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 2020 CDBG applications be submitted by January 17, 2020, 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 2020 CDBG application is approved for submission to the Dakota County Community Development Agency; 2. The City Administrator or Community Development Director for the City of Mendota Heights are authorized to execute the application and all agreements and documents relating to receiving and using the awarded CDBG funds; and 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, subject to future Sub-Recipient Agreements that may be required for specific CDBG funded activities. Adopted by the City Council of the City of Mendota Heights this 21st day of January, 2020. CITY COUNCIL CITY OF MENDOTA HEIGHTS ________________________________ Neil Garlock, Mayor ATTEST: ________________________________ Lorri Smith, City Clerk page 46 APPLICATION FOR PROGRAM YEAR 2020 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Application must be received by the Dakota County Community Development Agency NO LATER THAN JANUARY 17, 2020 For July 1, 2020 – June 30, 2021 General Information Applicant Name: City of Mendota Heights DUNS #: 146-367-607 Contact Name: Tim Benetti, Community Development Director Applicant Address: 1101 Victoria Curve City, State, Zip: Mendota Heights, MN 55118 Phone: 651.255.1142 Email:timb@mendota-heights.com Proposed Activities Activity Funding Amount #1 Title: Housing Rehab Loans CDBG Request: $ $23,329.00 #2 Title: Click or tap here to enter text. CDBG Request: $ Click or tap here to enter text. #3 Title: Click or tap here to enter text. CDBG Request: $ Click or tap here to enter text. #4 Title: Click or tap here to enter text. CDBG Request: $ Click or tap here to enter text. #5 Title: Click or tap here to enter text. CDBG Request: $ Click or tap here to enter text. Total Request: $ 23,329.00 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, with the caveat that public services may not account for more than 15% of the County’s total funding. Because of this federal requirement, a municipality’s public service request may need to be decreased once all applications are submitted and reviewed by CDA staff. Please plan accordingly. page 47 Certification 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 Jan. 16 2020 Community Development Director page 48 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 II. Activity Information 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 ☐ Fair Housing Activities ☐ Energy Efficiency Improvements Public Services ☐ 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 ☐ Fair Housing Activities Public Facilities ☐ Recreational Park Improvements ☐ Public Water/Sewer Improvements ☐ Street Improvements ☐ Sidewalks ☐ Assessment Abatement Homelessness ☐ Rapid Rehousing Assistance ☐ Homelessness Prevention ☐ Emergency Shelter Operations ☐ Addition of Permanent Supportive Housing Units ☐ Shelter Renovation/Construction Neighborhood Revitalization ☐ Acquisition of Real Property ☐ Clearance and Demolition ☐ Clean-up of Contaminated Site ☐ Address Water/Sanitation Hazards Economic Development ☐ Employment Training ☐ Economic Development Assistance ☐ Rehabilitation of Commercial/Industrial Buildings Planning and Administration ☐ Planning ☐ Administration I. Activity Title Describe the proposed activity in detail. Please be specific about purpose, location, number of people or households served, etc. Click or tap here to enter text. page 49 Describe the activity schedule: Is this a continuation of a previously funded activity? ☒Yes ☐No Please note the start and end dates below for the activity. Proposed Activity Start Date: July 1, 2020 Proposed Activity Completion Date: June 30, 2021 CDBG funded projects/activities must meet one of the following program objectives. Check the objective for which the CDBG funds will be used. If you checked the Low/Mod Housing Benefit box, please answer the following: How many Low/Mod Households will benefit? 2 Households (Income eligibility must be verified by written documentation) Where will this activity occur? (Address of property, neighborhood, or citywide) Click or tap here to enter text. III. CDBG National Objective ☐ 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): (Please explain) Click or tap here to enter text. 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) Click or tap here to enter text. How many residents live in this area? Click or tap here to enter text. What is the percentage of low and moderate-income beneficiaries? Click or tap here to enter text.% How was this documented? ☐ HUD Data ☐ Survey (Please include a copy of survey) page 50 If you checked the Low/Mod Limited Clientele Benefit box, please answer the following: How many Low/Mod People or Households will benefit? Number of People: Click or tap here to enter text. Number of Households: Click or tap here to enter text. (Please choose either People or Households for each project). How will income be verified? (check one of the boxes below) ☐ 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 (62+), severely disabled adults, 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? Click or tap here to enter text. % 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? Click or tap here to enter text. (Please provide letter from building inspector or other documentation noting deficiencies and include photos) What deficiency will be corrected or the public improvement be? Click or tap here to enter text. If Slum/Blight Area, what percent of buildings are deteriorated? Click or tap here to enter text.% page 51 IV. Proposed Objectives and Outcomes 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 2 ☒ Public Facilities ☐ Jobs ☐ Businesses ☐ Organizations V. Project Budget Provide the total project cost and CDBG request. Total Project Cost: $ 23,329.00 Total CDBG Request: $ 23,329.00 CDBG Percent of Total Cost: Click or tap here to enter text.% Please list all funding sources including CDBG. Source of Funds Amount Committed Pending CDBG $ 23,329.00 ☐ ☐ Click or tap here to enter text. $ ☐ ☐ Click or tap here to enter text. $ ☐ ☐ Total: $ 23,329.00 ☐ ☐ page 52 Please list all project/activity expenses, including CDBG. The following guidance may assist in determining project/activity costs. For acquisition/clearance, public facilities or improvements, slum/blight, assessment abatement, and similar: • Acquisition & Improvement Costs - Include purchase price, closing costs, site improvements, clearance of toxic contaminants, and other acquisition and improvement costs • 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 For public services: • Operations Costs – Include cost of materials, supplies, facility rental, transportation cost, fees from vendors or subrecipients • Staff Costs – Include direct and indirect service costs, e.g. salary or hourly wages, benefits, vacation (cannot be accrued), flex leave. Please note, a CDBG subrecipient timesheet must be included with all reimbursement requests. * * * * * Please review each section for completeness. Each activity should have separate Sections I through V. Itemized Use of Funds/Expenses Costs CDBG Funds Requested Other Funding Sources Click or tap here to enter text. $ 23,329.00 $ 23,329.00 $ Click or tap here to enter text. $ $ $ Click or tap here to enter text. $ $ $ Click or tap here to enter text. $ $ $ Click or tap here to enter text. $ $ $ Total: $ 23,329.00 $ 23,329.00 $ page 53 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 Consolidated 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 subrecipient 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 Subrecipients 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 down payments, closing costs or other part of the purchase process and counseling for pre-purchase, post-purchase or foreclosure prevention. page 54 REQUEST FOR CITY COUNCIL ACTION DATE: January 21, 2020 TO: Mayor, City Council, and City Administrator FROM: Cheryl Jacobson, Assistant City Administrator SUBJECT: 2020-2021 LELS Local #76 Labor Agreement INTRODUCTION The City Council is asked to ratify a two-year labor agreement with the Law Enforcement Labor Services, Inc. Local #76. BACKGROUND The existing contract between the City of Mendota Heights and the Law Enforcement Labor Services (LELS), Inc. Local #76 expired on December 31, 2019. LELS represents Police Officers. Attached for review and consideration is the 2020-2021 labor agreement between the City of Mendota Heights and Law Enforcement Labor Services, Inc. Local #76, for which there is a tentative agreement. The 2020-2021 agreement is consistent with the direction that staff received from the City Council. The following is the most significant change to the 2020-2021 contract: • Article XXII Wage Rates—A 3.0% cost of living adjustment for 2020 and a 3.0% cost of living adjustment for 2021. 01/01/2020 01/01/2021 Start (1st six months) $5,377 $5,538 (2nd six months) $5,689 $5,860 2nd year $6,150 $6,335 3rd year $6,594 $6,792 After 36 months of continuous employment $7,042 $7,253 At 240 months (total department service) $7,184 $7,400 page 55 Negotiations were positive with LELS union representatives. Members have voted to approve the tentative contract. BUDGET IMPACT Costs associated with the negotiated agreement are included in the 2020 city budget. ACTION RECOMMENDED Staff recommends ratification of the agreement between the City of Mendota Heights and the LELS Local #76, covering Police Officer employees for 2020-2021. ACTION REQUIRED If the City Council concurs, it should, by motion, ratify the 2020-2021 labor agreement between the City of Mendota Heights and the Law Enforcement Labor Services, Inc. Local #76. page 56 MASTER LABOR AGREEMENT CITY OF MENDOTA HEIGHTS AND LAW ENFORCEMENT LABOR SERVICES INC. (Local #76) January 1, 2018 2020 – December 31, 20192021 page 57 1 Table of Contents ARTICLE I PURPOSE OF AGREEMENT 2 ARTICLE II RECOGNITION 2 ARTICLE III DEFINITIONS 2 ARTICLE IV EMPLOYER SECURITY 3 ARTICLE V EMPLOYER AUTHORITY 4 ARTICLE VI UNION SECURITY 4 ARTICLE VII EMPLOYEE RIGHTS GRIEVANCE PROCEDURE 4 ARTICLE VIII SAVINGS CLAUSE 7 ARTICLE IX SENIORITY 7 ARTICLE X DISCIPLINE 8 ARTICLE XI WORK SCHEDULES 9 ARTICLE XII OVERTIME 9 ARTICLE XIII COURT TIME 10 ARTICLE XIV CALL BACK TIME 10 ARTICLE XV WORKING OUT OF CLASSIFICATION 10 ARTICLE XVI INSURANCE 10 ARTICLE XVII STANDBY 11 ARTICLE XVIII UNIFORMS 11 ARTICLE XIX INJURY ON DUTY 11 ARTICLE XX LONGEVITY AND EDUCATIONAL INCENTIVE 11 ARTICLE XXI WAIVER 12 ARTICLE XXII WAGE RATES (MONTHLY BASE RATE) 13 ARTICLE XXIII VACATIONS 13 ARTICLE XXIV HOLIDAYS 14 ARTICLE XXV PERSONAL LEAVE/EXTENDED DISABILITY PROTECTION SICK LEAVE 14 ARTICLE XXVI FALSE ARREST INSURANCE 15 ARTICLE XXVII TRAINING 15 ARTICLE XXVIII FIELD OFFICER TRAINING PAY 16 ARTICLE XXIX DURATION 16 page 58 2 MASTER LABOR AGREEMENT CITY OF MENDOTA HEIGHTS AND LAW ENFORCEMENT LABOR SERVICES, INC. ARTICLE I PURPOSE OF AGREEMENT This AGREEMENT is entered into as of January 1, 2018 2020 between the City of Mendota Heights, hereinafter called the EMPLOYER, and the Law Enforcement Labor Services, Inc., hereinafter called the UNION. It is the intent and purpose of this AGREEMENT to: 1.1 Establish procedures for the resolution of disputes concerning this AGREEMENT interpretation and/or application; and 1.2 Place in written form the parties’ agreement upon terms and conditions of employment for the duration of this AGREEMENT. ARTICLE II RECOGNITION 2.0 The EMPLOYER recognizes the UNION as the exclusive representative, under Minnesota Statutes, Chapter 179A for all police personnel in the following job classifications: POLICE PATROL OFFICER INVESTIGATOR SCHOOL RESOURCE OFFICER 2.2 In the event the EMPLOYER and the UNION are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE III DEFINITIONS 3.1 UNION: Law Enforcement Labor Services, Inc. 3.2 UNION MEMBER: A member of the Law Enforcement Labor Services, Inc. 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. page 59 3 3.4 DEPARTMENT: The Mendota Heights Police Department. 3.5 EMPLOYER: The City of Mendota Heights. 3.6 CHIEF: The Chief of the Mendota Heights Police Department. 3.7 UNION OFFICER: Officer elected or appointed by the Law Enforcement Labor Services, Inc. 3.8 INVESTIGATOR/DETECTIVE: An employee specifically assigned or classified by the EMPLOYER to the job classification and/or job position of INVESTIGATOR/DETECTIVE. 3.9 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of the employee scheduled shift. 3.10 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break. 3.11 REST BREAKS: Periods during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.12 LUNCH BREAKS: A period during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.13 STRIKE: Concerted action in failing to report for duty, the willful absence from one position, the stoppage of work, slow-down, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensation of the rights, privileges or obligations of employment. ARTICLE IV EMPLOYER SECURITY 4.1 The UNION agrees that during the life of this AGREEMENT that the UNION will not cause, encourage, participate in or support any strike, slow-down or other interpretation of or interference with the normal functions of the EMPLOYER. page 60 4 ARTICLE V EMPLOYER/AUTHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage the workforce, facilities and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; to establish work schedules, and to perform any inherent managerial function not specifically limited by this AGREEMENT. 5.2 Any term and condition of employment not specifically established or modified by the AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish or eliminate. ARTICLE VI UNION SECURITY 6.1 The EMPLOYER shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly UNION dues. Such monies shall be remitted as directed by the UNION. 6.2 The UNION may designate employees from the bargaining unit to act as a Steward and an alternate and shall inform the EMPLOYER in writing of such choice and changes in the position or steward and/or alternate. 6.3 The EMPLOYER shall make space available on the employee bulletin board for posting UNION notice(s) and announcement(s). 6.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of this Article. ARTICLE VII EMPLOYEE RIGHTS GRIEVANCE PROCEDURE 7.1 DEFINITION OF A GRIEVANCE A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. 7.2 UNION STEWARDS The EMPLOYER will recognize STEWARDS designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this ARTICLE. The UNION shall notify the page 61 5 EMPLOYER in writing of the names of such UNION STEWARDS and of their successors when so designated as provided by 6.2 of this AGREEMENT. 7.3 PROCESSING OF A GRIEVANCE It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the EMPLOYEES and shall therefore be accomplished during normal working hours only when consistent with such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and a UNION STEWARD shall be allowed a reasonable amount of time without loss of pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided that the EMPLOYEE and the UNION STEWARD have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. 7.4 PROCEDURE Grievances, as defined by Section 7.1, shall be resolved in conformance with the following procedure: Step 1 - An EMPLOYEE claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the EMPLOYEE supervisor as designated by the EMPLOYER. The EMPLOYER-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER-designated representative’s final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall be considered waived. Step 2 - If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 2 representative. The EMPLOYER-designated representative shall give the UNION the EMPLOYER’S Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within page 62 6 ten (10) calendar days following the EMPLOYER-designated representative’s final Step 2 answer. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived. Step 3 - If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 3 representative. The EMPLOYER-designated representative shall give the UNION the EMPLOYER’S answer in writing within ten (10) calendar days following the EMPLOYER-designated representative’s receipt of the Step 3 appeal. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived. Step 4 - A grievance unresolved in Step 3 and appealed to Step 4 by the UNION shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the Rules Governing the Arbitration of Grievances as established by the Bureau of Mediation Services. 7.5 ARBITRATOR AUTHORITY A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION, and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the UNION and shall be based solely on the arbitrator’s interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. C. The fees and expenses for the arbitrator’s services and proceedings shall be borne equally by the EMPLOYER and the UNION provided that each party shall be responsible for compensation its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a page 63 7 record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 7.6 WAIVER If a grievance is not presented within the time limits set forth above, it shall be considered waived. If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER’S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the EMPLOYER and the UNION at each step. ARTICLE VIII SAVINGS CLAUSE This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the City of Mendota Heights. In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree or appeal has been taken within the time provided, such provisions shall be voided. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE IX SENIORITY 9.1 The City of Mendota Heights shall establish seniority lists for all permanent employees in the bargaining unit. Said lists shall be posted in appropriate locations. A seniority list shall be maintained by the Employer on the basis of total length of compensated employment by classification. All time served in a Sergeant classification or above shall count toward Police Officer seniority. 9.2 During the probationary period a newly hired or rehired employee may be discharged at the sole discretion of the EMPLOYER. During the probationary period, a promoted or reassigned employee may be replaced in his previous position at the sole discretion of the EMPLOYER. 9.3 Layoff shall be by classification in inverse order of classification seniority. However, an employee about to be laid off shall have the right to bump (displace) any other employee in any equal or lower ranked classification with less classification seniority, provided that the employee who is page 64 8 exercising bumping rights shall be qualified to perform the duties of the classification into which he/she is bumping. 9.4 Senior employees will be given preference with regard to transfer, job classification, assignments and promotions when the job relevant qualifications of employees are equal. 9.5 Senior qualified employees shall be given shift assignment preference after eighteen (18) months of continuous full-time employment. Shift bidding shall be posted annually. 9.6 One continuous vacation period shall be selected on the basis of seniority until March 15th of each calendar year. ARTICLE X DISCIPLINE 10.1 The EMPLOYER will discipline employees for just cause only. Discipline will be in one or more of the following forms: a. Oral reprimand b. Written reprimand c. Suspension d. Demotion; or e. Discharge 10.2 Suspensions, demotions and discharges will be in written form. 10.3 Written reprimands, notices of suspension, notices of demotion and notices of discharge which are to become part of an employee personnel files shall be read and acknowledged by signature of the employee. Employees and the UNION will receive a copy of such reprimands and/or notices. 10.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the EMPLOYER. 10.5 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a UNION representative present at such questioning. 10.6 Grievance relating to this ARTICLE shall be initiated by the UNION at Step 3 of the grievance procedure under ARTICLE VII. page 65 9 ARTICLE XI WORK SCHEDULES 11.1 The normal work year is two thousand and eighty hours (2080) to be accounted for by employee through: a. Hours worked on assigned shifts b. Holidays. c. Assigned training. d. Authorized leave time. 11.2 Holidays and authorized leave time are to be calculated on the basis of the actual length of time of the assigned shifts. 11.3 Nothing contained in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the EMPLOYER may assign employees. ARTICLE XII OVERTIME 12.1 Employees will be compensated at one and one-half (1-1/2) times the employee’s regular base pay rate for hours worked in excess of the employee’s regularly scheduled shift. Changes of shift do not qualify an employee for overtime under this Article. 12.2 Overtime will be distributed as equally as practicable. 12.3 Overtime refused by employees will for record purposes under article 12.2 be considered as unpaid overtime worked. 12.4 For the purpose of computing overtime compensation, overtime hours shall not be pyramided, compounded or paid twice for the same hours worked. 12.5 Overtime will be calculated to the nearest fifteen (15) minutes. 12.6 Employees have the obligation to work overtime or call back if requested by the EMPLOYER unless unusual circumstances prevent the employee from so working. 12.7 An employee may choose to receive compensatory time as compensation for overtime hours at the rate of 1.5 hours for each hour worked. The maximum allowable balance of such hours carried into the next calendar year shall be one hundred (100) hours. The EMPLOYER may cash out an employee balance in excess of the 100 hours maximum. page 66 10 12.8 An employee may cash out any portion of their compensatory time balance the second pay period in May and November if requested in writing with the submission of the employee time sheet. ARTICLE XIII COURT TIME 13.1 An employee who is required to appear in Court during his scheduled off- duty time shall receive a minimum of three (3) hours pay at one and one half (1-1/2) times the employee’s base pay rate. An extension or early report to a regularly scheduled shift for Court appearances does not qualify the employee for the three (3) hour minimum. 13.2 An employee who is not notified of the cancellation of a scheduled court appearance by 4:00 pm the previous business day shall receive a minimum of two and one-half (2-1/2) hours of pay at one and one-half (1- 1/2) times the employee’s base pay rate. ARTICLE XIV CALL BACK TIME An employee who is called to duty during his scheduled off-duty time shall receive a minimum of two and one half (2.5) hours pay at one and one-half (1- 1/2) times the employee’s base pay rate. An extension or early report to a regularly scheduled shift does not qualify the employee for the two and one half (2.5) hour minimum. ARTICLE XV WORKING OUT OF CLASSIFICATION Employees assigned by the EMPLOYER to assume the full responsibilities and authority of a higher job classification shall receive the salary schedule of the higher classification for the duration of the assignment. ARTICLE XVI INSURANCE The EMPLOYER will contribute up to a maximum of one thousand six hundred eighty dollars ($1,60080) per month toward health, dental, long term disability, short term disability, and term life (up to $50,000) insurance for 20182020. There will be a reopener for 2019 2021 insurance language. If any City of Mendota Heights employee group is awarded a higher amount in 2018 2020 the UNION MEMBERS shall receive the higher amount. page 67 11 ARTICLE XVII STANDBY Employees required by the EMPLOYER to standby shall be paid for such standby time at the rate of one hour pay for each hour on standby. An employee shall be considered to be in standby status only if he or she is expressly directed to serve in such capacity by the Chief of Police or his designee. ARTICLE XVIII UNIFORMS 18.1 The EMPLOYER shall provide required uniform and equipment items. Each employee shall also receive a maximum of three hundred ($300) dollars annual reimbursement for cleaning and maintenance of uniforms. Reimbursement shall be upon presentation of receipts for cleaning and maintenance services from any cleaners. 18.2 The EMPLOYER shall reimburse the INVESTIGATOR/DECTECTIVE for clothing and equipment purchases up to eight hundred dollars ($800) per year. ARTICLE XIX INJURY ON DUTY Employees injured during the performance of their duties for the EMPLOYER and thereby rendered unable to work for the EMPLOYER will be paid the difference between the employee’s regular pay and Worker Compensation insurance payments for a period not to exceed one hundred twenty (120) working days per injury, not charged to the employee’s vacation, sick leave or other accumulated paid benefits. ARTICLE XX LONGEVITY AND EDUCATIONAL INCENTIVE Effective July 1, 1975, the following terms and conditions are effective: 20.1 After four (4) years of continuous employment, each employee shall choose to be paid supplementary pay of three percent (3%) of the employee’s base rate or supplementary pay based on educational credits as outlined in 20.6 of this ARTICLE. 20.2 After eight (8) years of continuous employment, each employee shall choose to be paid supplementary pay of five percent (5%) of the employee’s base rate or supplementary pay based on educational credits as outlined in 20.6 of this ARTICLE. page 68 12 20.3 After twelve (12) years of continuous employment, each employee shall choose to be paid supplementary pay of seven percent (7%) of the employee’s base rate or supplementary pay based on educational credits as outlined in 20.6 of this ARTICLE. 20.4 After sixteen (16) years of continuous employment, each employee shall choose to be paid supplementary pay of nine percent (9%) of the employee’s base rate or supplementary pay based on educational credits as outlined in 20.6 of this ARTICLE. 20.5 Employees may choose supplementary pay either for length of service or for educational credits no more often than once every twelve (12) months. 20.6 Supplementary pay based on educational credits will be paid to employees after twelve (12) months of continuous employment at the rate of: Education Credits Percentage Pay Terms of college quarter credits Increment. 45-89 3% 90-134 5% 135-179 7% 180 plus or a four year degree 9% Master Degree 12% Not all courses are to be eligible for credit, prior to obtaining a four-year degree. Courses receiving qualifying credits prior to obtaining a four-year degree must be job related. Job related courses, plus those formally required to enter such courses shall be counted. The EMPLOYER shall determine which courses are job related. All courses taken toward a degree shall apply once a four-year degree from an accredited college is obtained. C.E.U. (Continuing Education Units) in job related seminars, short courses, institutes, etc. shall not apply toward educational incentive unless they have been converted to college credits and applied toward a degree through an accredited college. ARTICLE XXI WAIVER 21.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this AGREEMENT, are hereby superseded. page 69 13 21.2 The parties mutually acknowledge that during the negotiations, which resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of this agreement. The EMPLOYER and the UNION each voluntarily and unqualifiedly waive the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this AGREEMENT or with respect to any term or condition of employment not specifically referred to or covered by this AGREEMENT, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. ARTICLE XXII WAGE RATES (MONTHLY BASE RATE) 22.1 Monthly Base Rate of Pay 1/1/20182020 1/1/20192021 Start (1st six months) $5,0805,377 $5,2205,538 (2nd six months) $5,3755,689 $5,5235,860 2nd year $5,8126,150 $5,9716,335 3rd year $6,2316,594 $6,4026,792 After 36 months of continuous $6,6547,042 $6,8377,253 employment At 240 months $6,7897,184 $6,9757,400 (total department service) *If any City of Mendota Heights employee group receives more than a 2.753.00% cost of living adjustment for 2018 2020 or 20192021, UNION MEMBERS shall receive the same percentage increase as the group receiving the highest increase. 22.2 An investigator shall receive supplemental pay in the amount of three hundred thirty-five ($335) per month in addition to the above rates. 22.3 A School Resource Officer shall receive supplemental pay in the amount of two hundred fifteen ($215) per month in addition to the above rates. ARTICLE XXIII VACATIONS Time accrues according to the following schedule: 0-5 years of service 10 days per year 6-10 years of service 15 days per year Over 10 years of service One additional day per year, not to exceed 20 days. page 70 14 Accrued vacation shall be used in the year following the year which said time is earned. Employees may accrue vacation leave not to exceed a maximum of two hundred hours (200). No employees shall be permitted to waive vacation for the purpose of receiving double pay. ARTICLE XXIV HOLIDAYS Each employee shall be granted a total of eleven (11) paid holidays. Holidays are: New Year’s Day, Martin Luther King Jr. Day, President’s Day, Good Friday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, Christmas Day. Effective January 1, 1994 holiday leave time will be accounted for in a separate holiday leave bank and shall not accumulate from year to year. Any holiday leave time remaining in the employee holiday leave bank on December 31 shall be paid to the employee at their then current hourly rate. If an employee works on a legal holiday, the employee shall be granted 1/2 hour compensatory time for each hour worked, in addition to the holiday pay. Each employee shall be granted one floating holiday, with the provision that it must be used or scheduled to be used by November 1 during the current calendar year. The floating holiday is not eligible for carry-over or monetary compensation. ARTICLE XXV PERSONAL LEAVE/EXTENDED DISABILITY PROTECTION SICK LEAVE 25.1 PERSONAL LEAVE: Beginning January 1, 1990, all permanent full-time employees shall accrue personal leave at the rate of four (4) hours per month, to a maximum of 320 hours. Personal leave shall be available for use without restriction, except by prior approval of the supervisor. An employee shall not be allowed to use more than twenty (20) consecutive personal days, or a combination of twenty (20) consecutive personal and vacation days, without prior approval of the City Council. Each December 1, any employee with an accrued Personal Leave balance in excess of 320 hours may convert the excess hours at the rate of 50%, to either additional cash compensation, or additional vacation time. The compensation will be made, or the extra vacation credited, with the second payroll in December. Each employee shall convert up to 20 hours per year of personal leave into a post retirement health savings plan that the union as a whole agrees to participate in. page 71 15 Upon separation, employees will be compensated for any unused Personal Leave balance. 25.2 EXTENDED DISABILITY PROTECTION: Beginning January 1, 1991, all permanent full-time employees shall accrue extended disability leave at the rate of four (4) hours per month, to a cumulative maximum of 640 hours. Extended disability protection is available for use on the first day of a personal illness, and thereafter, or anytime for a work-related illness or injury. Employees are to keep their supervisor informed of their condition. The supervisor may require a letter or report from the attending physician. Claiming extended disability leave when physically fit may be cause for disciplinary action, including transfer, demotion, suspension or dismissal. In cases of extreme emergency involving employees with a record of meritorious service, who through serious or protracted illness have used up all accumulated personal leave, extended disability leave, vacation leave and compensatory time off, an extension of extended disability leave beyond the maximum provided in this resolution may be granted by the City Council. The resultant deficit will be repaid promptly through application of future personal and extended disability leave accruals. ARTICLE XXVI FALSE ARREST INSURANCE The City will provide a policy to cover the employee for false arrest cases. ARTICLE XXVII TRAINING 27.1 The EMPLOYER shall be responsible for providing all training required by the P.O.S.T. Board to maintain a license as a Certified Police Officer, and shall pay employees for all time spent in such training at the applicable rate. 27.2 The EMPLOYER will allow employees to attend such other job-related training programs as may be mutually agreed upon by the EMPLOYER and individual employees. Employees scheduled to work during such a training session will be allowed time off without loss of pay for attendance and those attending during non-scheduled hours will be allowed compensatory time off at straight time for time spent in training. 27.3 The EMPLOYER shall reimburse employees for all reasonable costs incurred in obtaining training, including but not limited to, registration and page 72 16 license fees, mileage, and for sessions outside of the seven county Twin Cities metropolitan area, lodging and meals. 27.4 All training activities shall be given prior approval by the Police Chief. ARTICLE XXVIII FIELD TRAINING OFFICER PAY The EMPLOYER shall compensate an EMPLOYEE assigned field training officer (FTO) duties for one additional hour per shift when engaged in these duties. The time earned shall be compensated at one and one-half (1-1/2) times the employee hourly base rate. ARTICLE XXIX DURATION This AGREEMENT shall be effective as of January 1, 2018 2020 and shall remain in full force and effect until the thirty-first day of December, 20192021. FOR THE CITY OF MENDOTA HEIGHTS __________________________________ _________________________ Mayor Date __________________________________ _________________________ City Administrator Date __________________________________ _________________________ City Clerk Date FOR LAW ENFORCEMENT LABOR SERVICES, INC. __________________________________ _________________________ Business Agent Date __________________________________ _________________________ Steward Date __________________________________ _________________________ Steward Date page 73 page 74 REQUEST FOR CITY COUNCIL ACTION DATE: January 21, 2020 TO: Mayor, City Council, and City Administrator FROM: Cheryl Jacobson, Assistant City Administrator SUBJECT: 2020-2021 IUOE, Local 70 Labor Agreement INTRODUCTION The City Council is asked to ratify a two-year labor agreement with the International Union of Operating Engineers, Local 70. BACKGROUND The existing contract between the City of Mendota Heights and the International Union of Operating Engineers (IUOE), Local 70 expired on December 31, 2019. The IUOE represents the Facilities Manager. Attached for review and consideration is the 2020-2021 labor agreement between the City of Mendota Heights and IUOE, Local 70, for which there is a tentative agreement. The 2020-2021 agreement is consistent with the direction that staff received from the City Council. Changes and updates to the 2020-2021 contract include: • Article XXII Wage Rates—A 3.0% cost of living adjustment for 2020 and a 3.0% cost of living adjustment for 2021. 1/1/2020 1/1/2021 Step A (1st six months) $26.40 $27.19 Step B (2nd six months) $27.73 $28.56 Step C (12 months) $29.11 $29.98 Step D (24 months) $30.58 $31.50 Step E (36 months) $32.09 $33.06 page 75 Negotiations were positive with the IUOE union representatives. The member has voted to approve the tentative contract. BUDGET IMPACT Costs associated with the negotiated agreement are included in the 2020 city budget. ACTION RECOMMENDED Staff recommends ratification of the agreement between the City of Mendota Heights and the International Union of Operating Engineers, Local 70 for 2020-2021. ACTION REQUIRED If the City Council concurs, it should, by motion, ratify the 2020-2021 labor agreement between the City of Mendota Heights and the International Union of Operating Engineers, Local 70. page 76 1 LABOR AGREEMENT By and between CITY OF MENDOTA HEIGHTS And LOCAL 70 Of the INTERNATIONAL UNION of OPERATING ENGINEERS AFL-CIO January 1, 20182020- December 31, 20192021 page 77 1 TABLE OF CONTENTS Article Page 1 Purpose of Agreement ....................................................................... 2 2 Recognition........................................................................................ 2 3 Union Security ................................................................................... 2 4 Management Security ........................................................................ 3 5 Management Rights .......................................................................... 3 6 Grievance Procedure ......................................................................... 3 7 Savings Clause .................................................................................. 6 8 Work Schedules ................................................................................ 6 9 Overtime Pay ..................................................................................... 6 10 Call Back ........................................................................................... 7 11 Legal Defense ................................................................................... 7 12 Discipline ........................................................................................... 7 13 Probationary Period ........................................................................... 7 14 Safety ................................................................................................ 8 15 Waiver ............................................................................................... 8 16 Wages ............................................................................................... 8 17 Insurance ........................................................................................... 8 18 Holidays ............................................................................................. 9 19 Personal Leave and Extended Disability Leave................................. 9 20 Funeral Leave .................................................................................... 9 21 Vacation ............................................................................................ 10 22 Minnesota Post Employment Health Care Savings Plan .................. 10 23 Right to Subcontract .......................................................................... 10 24 Duration ............................................................................................ 10 page 78 2 Article 1 Purpose of Agreement This Agreement is entered into between The City of Mendota Heights; hereinafter referred to as the EMPLOYER, and Local 70 of the International Union of Operating Engineers; hereinafter referred to as the UNION. The intent and purpose of this Agreement is to: 1.1 Establish certain hours, wages and other conditions of employment; 1.2 Establish procedures for the resolution of disputes concerning this Agreements interpretation and/or application; 1.3 Specify the full and complete understandings of the parties; and 1.4 Place in written form the parties agreement upon terms and conditions of employment for the duration of the Agreement. The Employer and the Union, through this Agreement, continue their dedication to the highest quality of public service. Both parties recognize this Agreement as a pledge of this dedication. Article 2 Recognition 2.1 The Employer rec ognize the Union as the exclusive representative under Minnesota Statutes, Chapter 179A as amended for all employees of the city of Mendota Heights, MN employed in the position of Facilities Manager that meet the definition of a public employee as determined by the PELRA excluding confidential and supervisory employees. 2.2 In the event the Employer and the Union are unable to agree to the inclusion or exclusion of any new or modified job class, the issue shall be submitted to the State of Minnesota Bureau of Mediation Services for determination. Article 3 Union Security In recognition of the Union as the exclusive representative, the Employer shall: 3.1 Deduct each payroll period an amount sufficient to provide the payment of dues established by the Union from the wages of all employees authorizing in writing such deduction, and 3.2 Remit such deduction to the appropriate designated Union. page 79 3 3.3 The Union may designate certain employees from the bargaining unit to act as steward and shall inform the Employer in writing of such choice. 3.4 The Union agrees to indemnify and hold harmless the Employer against any and all claims, suits, orders, or judgements brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this article. Article 4 Management Security 4.1 The Union agrees that during the life of this Agreement, it will not cause, encourage, participate in or support any strike, slow down or other interruption of or interference with the normal functions of the Employer. 4.2 Any employee who engages in a strike may have his/her employment terminated by the Employer the date the violation first occurs. Such termination shall be effective upon written notice served upon the employee. 4.3 An employee who is absent from any portion of his/her work assignment without permission, or who abstains wholly or in part from the full performance of his/her duties without permission from the Employer on the date or dates when a strike occurs is prima facie presumed to have engaged in a strike on such date or dates. 4.4 No employee shall be entitled to any daily pay, wages or per diem for the days on which he/she engaged in a strike. Article 5 Management Rights 5.1 The Employer retains the full and unrestricted right to operate and manage all manpower, facilities and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules, and to perform any inherent managerial function not specifically limited by this Agreement. 5.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish or eliminate. Article 6 Grievance Procedure 6.1 Definition of a Grievance A grievance shall be defined as a dispute as to the interpretation or application of the specific terms and conditions of this Agreement. 6.2 Union Representative page 80 4 The Employer will recognize representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this article. The Union shall notify the Employer of the names of such Union representative and of their successor when so designated. 6.3 Processing a grievance It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and the Union representative shall be allowed a reasonable amount of time without a loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided the Employer has been notified and the Employer has approved this action in advance. 6.4 Procedure Grievance as defined in 6.1 shall be resolved in conformance with the following procedure: Step 1 – Upon the occurrence of an alleged violation of this Agreement, the Employee Involved shall attempt to resolve the matter on an informal basis with the employee’s supervisor. If the matter is not resolved, the Employee, or a Union representative with the consent of the Employee, claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the Employee supervisor as designated by the Employer. Grievances and grievance responses will be allowed to be presented via email, fax, US Mail, or Hand Delivery. The Employer-designated representative will discuss and give answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the Employer- designated representative final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived. Step 2 - If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 2 representative. The Employer designated representative shall give the Union the EMPLOYER Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer- designated representative final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived. page 81 5 Step 3 - If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 3 representative The Employer-designated representative shall give the Union the Employer answer in writing within ten (10) calendar days following the Employer-designated representative receipt of Step 3 appeal. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived. Step 3A – Mediation: if the Employer and Union mutually agree, a grievance unresolved at Step 3 may be submitted to the MN Bureau of Mediation Services (“BMS”) within 10 days after Union receipt of the Employer’s response to Step 3. If the grievance is resolved through Mediation, the settlement shall be reduced to writing and signed by the Union and the Employer. If the grievance is unresolved through Mediation, it may be appealed to Step 4 within 10 days starting the day following the Mediation Meeting Session. If either party elects to not go through with Mediation after initially agreeing, it must be withdrawn in writing; then the grievance can be appealed to Step 4 within 10 days starting the day following the party’s written withdrawal from mediation. Step 4 - A grievance unresolved in Step 3 and appealed to Step 4 by the Union shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971. The selection of an arbitrator shall be made in accordance with the Rules Governing the Arbitration of Grievances as established by the Bureau of Mediation Services. 6.5 Arbitrators Authority The Arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The Arbitrator shall consider and decide only those specific issues submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. The arbitrator’s decision shall be binding on both parties. The fee and expenses for the arbitrator’s services and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings it may cause such a record to be made provided it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 6.6 Waiver If a grievance is not presented within the time limits set forth herein it shall be considered waived. If a grievance is not appealed to the next step within the time limits or any agreed upon extension thereof, it shall be considered settled on the basis of the Employers last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits or agreed upon extension the Union may elect to treat the grievance page 82 6 as denied at that step and immediately appeal the grievance to the next step. The time limits may be extended at each step by mutual agreement of the Employer and the Union. Article 7 Savings Clause 7.1 This Agreement is subject to the laws of the United States, the State of Minnesota, and the signed Municipality. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this Agreement shall remain in full force and affect. The voided provision may be renegotiated at the request of either party. Article 8 Work Schedules 8.1 The sole authority in work schedules is the Employer. The normal work day shall be eight (8) consecutive hours exclusive of a mutually agreed upon lunch break. 8.2 The normal work week shall consist of five (5) consecutive days 8.3 Service to the public may require a work week other than Monday through Friday and/or eight (8) consecutive hours in which case the Employer shall provide a ten (10) day notice of such change. 8.4 In the event that work is required outside of the regular work schedule because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet, or breakdown of equipment or facilities, no advance notice need be given. Article 9 Overtime Pay 9.1 All overtime work must be authorized in advance by the Employer. All hours compensated in excess of forty (40) hours in a five (5) day period shall be considered overtime and shall be compensated at the overtime rate of one and one-half (1.5) times the employee’s regular rate of pay. Holidays will count as worked hours for overtime purposes. Compensatory, sick and vacation time will not count towards overtime. Hours worked between Midnight and seven (7) am shall receive a two dollar ($2.00) per hour shift premium. 9.2 There shall be no pyramiding of overtime. 9.3 An employee may choose to receive compensatory time as compensation for overtime hours at the rate of 1.5 hours for each hour worked. Compensatory time off shall be taken only with the prior consent of the supervisor. The maximum allowable balance of such hours carried into the next calendar year shall be one hundred (100) hours. The Employer will convert to compensation an employee balance in excess of the 100 hours maximum in conjunction with the second payroll in December. page 83 7 Article 10 Call Back 10.1 An employee called in for work at a time other than his/her normal scheduled shift shall be compensated for a minimum of two and a half (2.5) hours pay at one and one-half (1.5x) the employees regular rate of pay. Article 11 Legal Defense 11.1 Employees involved in litigation because of negligence, ignorance of laws, nonobservance of laws, or as a result of employee judgmental decision may not receive legal defense by the municipality. 11.2 Any employee who is charged with a, ordinance violation, or criminal offense arising from acts performed within the scope of his/her employment, when such act is performed in good faith and under the direct order of his/her supervisor, shall be reimbursed for reasonable attorney’s fees and court costs actually incurred by such employee in defending against such charge. Article 12 Discipline 12.1 The Employer will discipline employees for just cause only. Discipline will normally be in the form of: a. oral reprimand b. written reprimand c. suspension d. demotion or e. discharge 12.2 All discipline more severe than an oral reprimand shall be in writing with a copy to the Union. 12.3 Employees shall have the right to review their personnel file at a reasonable time under the direct supervision of the Employer. 12.4 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has asked to have a Union representative present at such meeting. 12.5 The parties may mutually agree to initiate a grievance involving this Article at step 3 of the grievance procedure. Article 13 Probationary Period 13.1 All newly hired employees shall serve a twelve (12) month probation peri od. An employee may be terminated at any time during an employee’s initial probationary period at the sole discretion of the Employer. page 84 8 Article 14 Safety 14.1 The Employer and the Union agree to jointly promote a safe and healthful working environment and to cooperate and encourage employees to work in a safe manner. The Employer will contribute the sum of $200 within the contract period toward the purchase of work related protective footwear, cold weather gear and/or rain gear. Employee purchase of protective footwear, cold weather gear and/or rain gear are subject to the approval of the Employer. Article 15 Waiver 15.1 The parties mutually agree that during negotiations, which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals to any term or condition of employment not removed from law by bargaining. All are set forth in writing in this Agreement. The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both parties at the time this Agreement was negotiated or executed. Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with provisions of this Agreement are hereby superseded. Article 16 Wages 16.1 Wages shall be increased by 2.753.0% on January 1, 2018 2020 and January 1, 20192021. 16.2 Current 1/1/20182020 1/1/20192021 Step A (1st six months) $24.2825.63 $24.9526.40 $25.6327.19 Step B (2nd six months) $25.5026.92 $26.20 27.73 $26.9228.56 Step C (12 months) $26.77 28.26 $27.5129.11 $28.2629.98 Step D (24 months) $28.1229.69 $28.8930.58 $29.6931.50 Step E (36 months) $29.5131.16 $30.32 32.09 $31.1633.06 Article 17 Insurance 17.1 The Employer shall contribute up to a maximum of one t housand six hundred eighty dollars ($1,6,60080.00) monthly for 2018 2020 and 20192021. The contribution may be used towards health, life, long term disability, short term disability and dental insurance. If any City of Mendota Heights employee group is awarded a higher amount the Union Members shall receive the higher amount. page 85 9 Article 18 Holidays 18.1 The following days shall be considered holidays. An employee shall be compensated eight (8) hours regular pay for each of these days. An employee required to work any of these days shall in addition to the holiday pay receive one and one-half (1.5) times the Employee’s regular pay for all hours worked that day. 18.2 New Year’s Day, MLK Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas Day and a Floating Holiday to mutually agreed upon. Article 19 Personal Leave and Extended Disability Leave 19.1 Personal Leave: All full time employees shall accrue personal leave at the rate of four (4) hours per month to a maximum of three hundred twenty (320) hours. Personal leave shall be available for use without restriction except prior approval of the supervisor. An employee shall not be allowed to use more than twenty (20) consecutive personal days, or a combination of twenty (20) consecutive personal and vacation days, without prior approval of the City Council. Each December 1st an employee with an accrued balance in excess of three hundred twenty (320) hours may convert the excess at the rate of fifty (50) percent to either additional vacation time or cash compensation. Said cash or vacation to be credited the second payroll in December. Upon separation employees shall be compensated for any unused personal leave balance. 19.2 Extended Disability Protection: All full time employees shall accrue extended disability protection at the rate of four (4) hours per month to a maximum of six hundred forty (640) hours. Extended disability protection is be available for use on the first consecutive day of a personal illness and thereafter or anytime for a work related illness or injury. Employees are to keep their supervisor informed of their condition. The supervisor may require a letter of report from the employee’s medical provider. Suspicion of abuse may be cause for discipline. Article 20 Funeral Leave 20.1 Immediate family shall be defined as: spouse, mother, father, child, brother, sister, mother-in-law, father-in-law, grandparent, brother-in-law, sister-in-law, son-in-law, daughter-in-law, and grandchild. The employee shall be allowed paid funeral leave for a death in the immediate family in an amount not to exceed 24 hours for attending the funeral. This leave shall not to be deducted from sick leave. page 86 10 Article 21 Vacation 21.1 Years of Service Earned Vacation 0 – 5 years of service 80 hours 6 – 10 years of service 120 hours 11 years of service 128 hours 12 years of service 136 hours 13 years of service 144 hours 14 years of service 152 hours 15 years of service 160 hours 21.2 Employees shall be allowed to accrue to a maximum of two hundred (200) hours of vacation. Article 22 Minnesota Post Employment Health Care Savings Plan (HCSP) 22.1 The Employer will allow employees to participate in the Minnesota Post Employment Health Care Savings Plan (HCSP) by contributing one percent (1%) of their total gross salary per pay period. 22.2 Severance: Leaving city employment for another employer: Employee contributes the value of 50% of the employee’s accrued and unused hours of Vacation, Personal Leave and compensation time. PERA Service Retirement from City: Employee contributes the value of 100% of the employee’s accrued and unused hours of Vacation, Personal Leave, and compensation time. Article 23 Right to Subcontract 23.1 Nothing in the Agreement shall prohibit or restrict the right of the Employer from subcontracting work performed by employee(s) covered by this Agreement. Article 24 Duration 24.1 This Agreement shall be effective as of January 1, 2018 2020 and shall remain in full force and effect until December 31, 20192021. page 87 11 FOR THE CITY OF MENDOTA HEIGHTS FOR INTERNATIONAL UNION of OPERATING ENGINEERS, Local No. 70 __________________________________ __________________________________ Mayor Date Business Manager Date __________________________________ __________________________________ City Administrator Date Union Steward Date __________________________________ City Clerk Date page 88 Request for City Council Action MEETING DATE: January 21, 2020 TO: Mayor Garlock and City Council FROM: Mark McNeill, City Administrator SUBJECT: Out-of-State Travel/National Planning Conference – Houston, Texas Comment: Introduction The City Council is asked to authorize Community Development Director Tim Benetti to attend the 2020 National Planning Conference in Houston, Texas, from April 24 to April 28, 2020. Background The City’s Travel Authorization and Expense Reimbursement Policy requires that all out-of-state conferences, seminars, and other education related expenses be approved in advance by the City Council, and must include an estimate of the costs of travel, lodging, and programming. The American Planning Association’s National Planning Conference is a premier event that brings together thousands of planners, planning commissioners, appointed and elected officials, and students. The conference offers an opportunity for planning professionals to participate in seminars, classes and groups discussions on a wide variety of current/future planning topics and trends. The conference also provides tours and outdoor events; and a chance to connect with and learn from planning peers and colleagues throughout the United States and other nations. Budget Impact The cost of the conference (registration, hotel, airfare and meals) is estimated at $2,200.00. There are adequate funds in the 2020 Community Development budget to cover this conference. Recommendation It is recommended the City Council approve the attendance and out-of-state travel for the Community Development Director to attend this national conference in Houston, Texas. Action Required If the City Council concurs, it should, by motion, approve the out-of-state travel by Community Development Director Tim Benetti to attend the 2020 National Planning Conference in Houston, TX. page 89 page 90 REQUEST FOR COUNCIL ACTION DATE: January 21, 2020 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Approve Purchase Order for Ivy Falls East Soil Borings COMMENT: INTRODUCTION The Council is asked to approve a contract for soil borings as part of the Ivy Falls East neighborhood rehabilitation project. BACKGROUND City Council authorized the formation of a feasibility report for this neighborhood at their October 2, 2019 meeting. Staff is in need of soil borings to recommend a reliable pavement section and identify any ground water concerns. DISCUSSION The Ivy Falls East Neighborhood Improvement project proposes to rehabilitate Brompton Place, Downing Street, London Road, Sutcliff Circle, Winston Circle, and Winston Court. A replacement of the watermain is necessary due to this being an older cast iron pipe with a high break frequency. Staff solicited quotes for soil borings from three companies which include a total of 14 soil borings for the project. Ten borings will be ten feet deep and the remaining four borings where there is limited excavation will extend to a depth of six feet. The following quotes were received: Braun Intertec $6,161.50 Northern Technologies $6,500.00 American Engineering Testing $8,200.00 BUDGET IMPACT The CIP identifies construction costs of $710,000 for the Ivy Falls East Neighborhood Improvement Project. The costs will be refined during the feasibility process. The project is proposed to be funded by special assessments, municipal bonds, and utility funds. The indirect costs for this in-house project will be adequate to provide for this service. page 91 RECOMMENDATION Staff recommends that Council approves a motion for staff to issue a purchase order to Braun Intertec for their quote of $6,161.50 to perform soil borings for Ivy the Falls East Neighborhood Improvements. ACTION REQUIRED If Council wishes to enact the staff recommendation, it should pass a motion adopting APPROVING A PURCHASE ORDER TO BRAUN INTERTEC TO PERFORM SOIL BORINGS FOR THE IVY FALLS EAST NEIGHBORHOOD. This action requires a simple majority vote. page 92 page 93 page 94 REQUEST FOR CITY COUNCIL ACTION DATE: January 21, 2020 TO: Mayor, City Council, and City Administrator FROM: Cheryl Jacobson, Assistant City Administrator SUBJECT: DBB Board of Directors and Executive Committee Appointments INTRODUCTION The Council is asked to appoint a primary and alternate member to represent the City on the Dakota Broadband Board’s Board of Directors and Executive Committee. BACKGROUND The City of Mendota Heights is a member of the Dakota Broadband Board (DBB). As a member, the City is responsible for appointing representatives to the DBB Board of Directors and the DBB Executive Committee. The appointments are for a two year term beginning January, 2020. The governing body of the DBB is its Board of Directors, which consists of an elected official from each member organization. Mayor Neil Garlock has been the primary representative and Councilor Joel Paper has served as the alternate representative to the DBB Board of Directors. The DBB Executive Committee oversees the operations and functions of the DBB. The Assistant City Administrator has served as the primary representative and the City Administrator has served as the alternate representative to the DBB Executive Committee. BUDGET IMPACT N/A ACTION RECOMMENDED Staff recommends approval of the appointment of Mayor Neil Garlock to serve as Director and Councilor Joel Paper to serve Alternate Director to the Dakota Broadband Board for a two year term. Additionally, staff recommends the appointment of Chery Jacobson, Assistant City Administrator as the primary representative and Mark McNeill, City Administrator as the alternate representative to the Executive Committee of the Dakota Broadband Board for a term of two years. page 95 ACTION REQUIRED If the City Council concurs, it should, by motion, approve the appointment of Mayor Neil Garlock to serve as Director and Councilor Joel Paper to serve Alternate Director to the Dakota Broadband Board and approve the appointment of Chery Jacobson, Assistant City Administrator as the primary representative and Mark McNeill, City Administrator as the alternate representative to the Executive Committee of the Dakota Broadband Board for a two year term beginning January, 2020. page 96 Request for City Council Action DATE: January 21, 2020 TO: Mayor, City Council, and City Administrator FROM: Tim Benetti, Community Development Director SUBJECT: Ordinance No. 550 Amend City Code Section 3-4 Concerning Building Contractors Introduction The City Council is asked to approve Ordinance No. 550 amending City Code Title 3, Chapter 4 concerning Building Contractors. Background The current City Code, Section 3-4, provides for the licensing of building contractors who desire to work in the city. Currently, staff verifies all required documentation (application and liability insurance) and issues the license at the counter without Council approval. There is no background verification completed. It is proposed to not license building contractors beginning in 2020. The fee is proposed to be removed from the fee schedule and the revenue from the permits was not included in the proposed budget for 2020. The State of Minnesota requires that residential builders, remodelers and roofers be licensed through the Department of Labor and Industry (DLI). The state has adopted contractor licensing requirements administered by the DLI to ensure that buildings are safe and healthy for those who occupy them, and that workers who construct them are qualified to perform said work. Anyone contracting to work on one-family or two-family dwellings and townhouses must be a licensed contractor. Additionally, electrical and plumbing work must be performed by state licensed contractors. This topic was reviewed and discussed by the City Council with Building Official Michael Andrejka present, at a workshop which was held on January 2nd. Recommendation Staff recommends that Ordinance 550 be approved which would delete City Code Sec. 3-4 concerning the licensing of building contractors. Action Required If the Council concurs, it should by motion adopt Ordinance No. 550 Amending Mendota Heights City Code Title 3, Chapter 4 Concerning Building Contractors. page 97 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 550 AMENDING MENDOTA HEIGHTS CITY CODE TITLE 3, CHAPTER 4 CONCERNING BUILDING CONTRACTORS The City Council of the City of Mendota Heights, Minnesota, desires to no longer require building contractors to be licensed beginning in the year 2020. The City Council of the City of Mendota Heights hereby ordains: The City of Mendota Heights Code of Ordinances, Title 3, Chapter 4, relating to the Building Contractors is hereby deleted in its entirety. This Ordinance shall be in effect from and after the date of its passage and publication. Adopted and ordained into an Ordinance this 21st day of January, 2020. CITY COUNCIL CITY OF MENDOTA HEIGHTS Neil Garlock, Mayor ATTEST ________________________________ Lorri Smith, City Clerk page 98 Request for City Council Action MEETING DATE: January 21, 2020 TO: Mayor, City Council, and City Administrator FROM: John Boland, Public Works Superintendent SUBJECT: Approve the Purchase of a Turf Sprayer Introduction The Council is asked to approve the purchase of a new turf sprayer that was included in the 2020 budget. Discussion As part of the 2020 budget, $62,000.00 was budgeted in the Parks Department for the purchase of a new turf sprayer. The unit is a Toro multi-pro 5800-G and will be used in the parks and at the Par 3 to spray weeds. A quote was obtained from the state contract from Toro for a purchase price of $62,325.00. Public Works will keep the old Kubota UTV to use as a park vehicle for dragging ballfields and other park maintenance uses. The old tank and pump from the Kubota was converted to a brine applicator unit for pre-treating the streets with a salt brine prior to snow events. Budget Impact There is $62,000.00 in the Parks Department budget to cover the cost for the purchase of the new turf sprayer. Recommendation Staff recommends that the Mendota Heights City Council approve the purchase of a new Toro turf sprayer off the state contract in the amount of $62,325.00. Action Required If Council concurs with the recommendation, they should pass a motion authorizing staff to purchase a new Toro turf sprayer off the state contract in the amount of $62,325.00. This action requires a simple majority vote. page 99 page 100 DATE: January 21, 2020 TO: Mayor and City Council, City Administrator FROM: Meredith Lawrence, Recreation Program Coordinator SUBJECT: Acknowledge November Par 3 Financial Report INTRODUCTION The City Council is asked to acknowledge the November Par 3 Financial Report. BACKGROUND Attached is the November Par 3 Financial Report. The course officially closed for the 2019 season on October 6. Total revenue for the month of November was $624. This includes greens fees and concessions. Including November, the course has a year-to-date revenue total of $146,182. The course’s November expenditures totaled $7,621. The year-to-date expenditure total is $141,350. The course’s operating revenues for the 2019 season currently exceed operating expenditures by $4,832. Staff is preparing an annual report, which will provide more details on the 2019 golf season. This will presented at a later date. RECOMMENDATION Staff recommends that the Mendota Heights City Council acknowledge the November, 2019 Par 3 Financial Report. ACTION REQUIRED If the Council concurs, it should, by motion acknowledge the November, 2019 Par 3 Financial Report. page 101 MENDOTA HEIGHTS PAR 3 BUDGET TO ACTUAL REPORT November 2019 (91.67% OF YEAR) November REVENUES November YTD YTD YTD BUDGET 2019 2019 %2018 GREENS, LEAGUE & TOURN FEES $100,000 $504 $92,910 92.91%$84,049 RECREATION PROGRAMS $38,000 $0 $33,454 88.04%$29,970 CONCESSIONS $18,000 $120 $19,538 108.54%$18,047 SUNDRY REVENUE $0 $0 $280 100.00%$115 INTEREST $250 $0 $0 0.00%$0 CAPITAL CONTRIBUTIONS $0 $0 $0 0.00%$0 PAR 3 FUND REVENUE TOTAL $156,250 $624 $146,182 93.56%$132,181 EXPENDITURES November YTD YTD YTD BUDGET 2019 2019 %2018 CLUBHOUSE SALARIES $34,300 $0 $27,146 79.14%$26,963 ADMINISTRATIVE SALARIES $22,608 $1,898 $17,255 76.32%$17,791 FICA/PERA $10,282 $461 $6,700 65.17%$6,677 MEDICAL INSURANCE $6,653 $554 $6,098 91.66%$5,808 U/E & W/C INSURANCE $2,080 $154 $2,969 142.76%$2,100 RENTALS $4,500 $46 $3,832 85.15%$2,819 UTILITIES $12,660 $1,094 $10,810 85.39%$11,451 PROFESSIONAL FEES - AUDIT $2,650 $0 $2,776 104.76%$2,725 PROF FEES - CONSULTING FEES $0 $0 $531 100.00%$0 PROF FEES - GROUNDS MGMT $5,000 $0 $0 0.00%$3,455 PROF FEES - GROUNDS WAGES $22,000 $1,344 $17,164 78.02%$16,351 PROF FEES - TREE MAINTENANCE $1,500 $0 $0 0.00%$0 ADVERTISING/NEWSLETTER $400 $0 $235 58.78%$284 LIABILITY/AUTO INSURANCE $4,200 $0 $3,807 90.64%$3,940 OPERATING COSTS/SUPPLIES $6,350 $4 $4,977 78.38%$6,639 FUEL $1,350 $27 $1,476 109.35%$1,614 REPAIRS & MAINTENANCE $28,250 $1,975 $28,580 101.17%$23,940 SUNDRY/DUES/MILEAGE/CLOTHING $4,000 $0 $3,303 82.58%$2,967 CONTINGENCY $0 $0 $0 0.00%$0 ONLINE REG & CREDIT CARD FEES $4,175 $64 $3,688 88.34%$3,810 PAR 3 EXPENDITURES TOTAL $172,958 $7,621 $141,350 81.73%$139,334 page 102 page 103 page 104 page 105 page 106 page 107 page 108 page 109 page 110 page 111 page 112 page 113 page 114 page 115 page 116 page 117 page 118 REQUEST FOR COUNCIL ACTION DATE: January 21, 2020 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Resolution 2020-08 Approving a Permanent Easement to Northern States Power for Valley Park Improvements COMMENT: INTRODUCTION The Council is asked to grant a permanent easement in a portion of Valley Park to Northern States Power (Xcel Energy) for gas line construction and maintenance purposes. BACKGROUND In 1964, Valley Park was privately owned by Gustav Weber. Mr. Weber granted an easement to Northern Natural Gas Company for a pipeline easement through this parcel. The existing pipeline facilities are located in this existing easement. DISCUSSION Xcel Energy is in need of expanding the current inspection posts that exist in the park. The area is along I-35E close to Highway 13 where existing inspection ports are visible. This area is also in the same location where MnDOT will be performing tree removals for an erosion protection project. The proposed Xcel Energy project will expand the existing easement by approximately 40 feet to the north and fence in the new and existing inspection pipes. Plans for the improvements are attached. BUDGET IMPACT None. Xcel Energy has identified the minimum one dollar transaction for this request. The easement document was reviewed by the city attorney and provides for reimbursement if any trees are disturbed. RECOMMENDATION Staff recommends Council approve Resolution 2020-08 granting a permanent easement to Northern States Power for gas pipeline maintenance purposes. ACTION REQUIRED If Council wishes to enact the staff recommendation, it should pass a motion approving Resolution 2020-08, APPROVING A PERMANENT EASEMENT TO NORTHERN STATES POWER. This action requires a simple majority vote. page 119 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2020-08 RESOLUTION APPROVING A PERMANENT EASEMENT TO NORTHERN STATES POWER WHEREAS, the City of Mendota Heights is the title owner of properties comprising Valley Park described as: All that part of Government Lot Seven (7) and Government Lot Nine (9) in Section Twenty-Three (23), Township Twenty-Eight (28) North, Range Twenty-Three (23) West, lying West of a line parallel to and distant 40 rods West of the East line of said Section Twenty-Three (23) and lying East of the following described center line of Interstate Highway No. 35E, to-wit: Beginning at a point on the east and west quarter line of said Section Twenty-Three (23), distant 839.95 feet East of the center of said section; thence run Southeasterly at an angle of 60°38’23” with said east and west quarter line for 669.17 feet; thence deflect to the right on a ten chord spiral curve of decreasing radius (spiral angle 4°18’37”) for 289.01 feet; thence deflect to the right on a 2°57’57” circular curve (delta angle 24°42’46”) for 833.25 feet and there terminating. Said premises being also known as a part of Lot Three (3), Auditor’s Subdivision No. 2. ALSO: All that part of the Southwest Quarter of the Northeast Quarter, Section 23, Township 28, Range 23, described as follows; Beginning at the Southeast corner of said Southwest Quarter of the Northeast Quarter, thence West along the South line of the Southwest Quarter of the Northeast Quarter a distance of 373 feet more or less to the Easterly right of way line of Interstate Highway 35E; thence deflected to the right 60°38’23” along the right of way line bearing North 29°21’37” West a distance of 119.61 feet; thence North 17°51’30” West along said right of way a distance of 839.03 feet; thence North 10°00’03” East along said right of way a distance of 128.79 feet; thence South 79°59’57” East a distance of 50 feet; thence North 10°00’03” East a distance of 16.48 feet to the beginning of a curve to the Northwest, central angle 15°06’36” radius 334 feet; thence along said curve 88.07 feet; thence South 64°53’35” West a distance of 50 feet; thence along a curve Northwesterly central angle 47°01’46”, radius 284 feet; thence along said curve a distance of 233.14 feet being along the Easterly right of way line of said Highway 35E to the North line of the Southwest Quarter of the Northeast Quarter; thence East 704 feet more or less to the Northeast corner of the Southwest Quarter of the Northeast Quarter, Section 23; thence South along the East line of said Southwest Quarter of the Northeast Quarter to the point of beginning and there terminating. Except the Northeast corner of said parcel described as follows: Beginning at the Northeast corner of the Southwest Quarter of the Northeast Quarter, Section 23, thence South 280.6 feet; thence deflect West 93°35’ to the right 39.7 feet; page 120 thence deflect Northwesterly 26°10’ to the right 266.5 feet; thence deflect Northwesterly 13°29’ to the right 149.7 feet; thence deflect Northwesterly 46°12’ to the right 44.7 feet more or less to the Quarter, Quarter section line; thence East 380.6 feet to the point of beginning, and there terminating. All in Dakota County, Minnesota; and WHEREAS, the Northern States Power will need a permanent easement over a portion of said real property to construct, maintain, and operate a gas pipeline. Said easement being described as: Commencing at the southeast corner of the Northeast Quarter of Section 23, Township 28 North, Range 23 West; thence North 89 degrees 37 minutes 35 seconds West 1685.28 feet along the south line of said Northeast Quarter of Section 23 to the easterly right of way of Interstate Highway No. 35E and the point of beginning of the area to be described; thence North 35 degrees 10 minutes 01 seconds East 45.51 feet; thence South 62 degrees 45 minutes 21 seconds East 61.48 feet; thence South 00 degrees 23 minutes 57 seconds West 9.58 feet; thence South 28 degrees 45 minutes 59 seconds West 21.02 feet; thence South 00 degrees 22 minutes 25 seconds West 34.61 feet; thence South 47 degrees 18 minutes 58 seconds East 53.25 feet; thence South 49 degrees 39 minutes 42 seconds West 53.51 feet to the easterly right of way line of Interstate Highway No. 35E; thence North 28 degrees 58 minutes 16 seconds West 142.08 feet along said easterly right of way of Interstate Highway No. 35E to the point of beginning; and WHEREAS, an easement document was drafted by Northern States Power granting easement rights to said property for said purposes to Northern States Power. NOW THEREFORE, BE IT RESOLVED, the Mendota Heights City Council hereby approves and authorizes a permanent easement to Northern States Power granting immediate right to enter the above described property. BE IT FURTHER RESOLVED, the Mendota Heights City Council herby authorizes the Mayor and Clerk to sign the easement. Adopted by the City Council of the City of Mendota Heights this twenty-first day of January, 2020. CITY COUNCIL CITY OF MENDOTA HEIGHTS ________________________________ ATTEST Neil Garlock, Mayor _________________________ Lorri Smith, City Clerk page 121 GAS PIPELINE EASEMENT KNOW ALL BY THESE PRESENTS, That the undersigned hereinafter called “Grantor”, in consideration of the sum of One Dollar ($1.00) and other Good and Valuable Consideration to Grantor in hand paid by Northern States Power Company, a Minnesota Corporation, hereinafter called “NSP”, the receipt and sufficiency whereof is hereby acknowledged, do hereby grant unto NSP, its successors and assigns, the perpetual right, privilege and easement to excavate for, construct, operate, maintain, use, inspect, rebuild or remove gas pipelines with necessary and proper valves and other appurtenances and devices used or useful in the operation, maintenance and use of said pipelines over, under and through the following described lands situated in the County of Dakota and State of Minnesota, (hereinafter called “Property”) to wit: All that part of Government Lot Seven (7) and Government Lot Nine (9) in Section Twenty-Three (23), Township Twenty-Eight (28) North, Range Twenty-Three (23) West, lying West of a line parallel to and distant 40 rods West of the East line of said Section Twenty-Three (23) and lying East of the following described center line of Interstate Highway No. 35E, to-wit: Beginning at a point on the east and west quarter line of said Section Twenty-Three (23), distant 839.95 feet East of the center of said section; thence run Southeasterly at an angle of 60°38’23” with said east and west quarter line for 669.17 feet; thence deflect to the right on a ten chord spiral curve of decreasing radius (spiral angle 4°18’37”) for 289.01 feet; thence deflect to the right on a 2°57’57” circular curve (delta angle 24°42’46”) for 833.25 feet and there terminating. Said premises being also known as a part of Lot Three (3), Auditor’s Subdivision No. 2. ALSO: All that part of the Southwest Quarter of the Northeast Quarter, Section 23, Township 28, Range 23, described as follows; Beginning at the Southeast corner of said Southwest Quarter of the Northeast Quarter, thence West along the South line of the Southwest Quarter of the Northeast Quarter a distance of 373 feet more or less to the Easterly right of way line of Interstate Highway 35E; thence deflected to the right 60°38’23” along the right of way line bearing North 29°21’37” West a distance of 119.61 feet; thence North 17°51’30” West along said right of way a distance of 839.03 feet; thence North 10°00’03” East along said right of way a distance of 128.79 feet; thence South 79°59’57” East a distance of 50 feet; thence North 10°00’03” East a distance of 16.48 feet to the beginning of a curve to the Northwest, central angle 15°06’36” radius 334 feet; thence along said curve 88.07 feet; thence South 64°53’35” West a distance of 50 feet; thence along a curve Northwesterly central angle 47°01’46”, radius 284 feet; thence along said curve a distance of 233.14 feet being along page 122 the Easterly right of way line of said Highway 35E to the North line of the Southwest Quarter of the Northeast Quarter; thence East 704 feet more or less to the Northeast corner of the Southwest Quarter of the Northeast Quarter, Section 23; thence South along the East line of said Southwest Quarter of the Northeast Quarter to the point of beginning and there terminating. Except the Northeast corner of said parcel described as follows: Beginning at the Northeast corner of the Southwest Quarter of the Northeast Quarter, Section 23, thence South 280.6 feet; thence deflect West 93°35’ to the right 39.7 feet; thence deflect Northwesterly 26°10’ to the right 266.5 feet; thence deflect Northwesterly 13°29’ to the right 149.7 feet; thence deflect Northwesterly 46°12’ to the right 44.7 feet more or less to the Quarter, Quarter section line; thence East 380.6 feet to the point of beginning, and there terminating. All in Dakota County, Minnesota. Except for the right of access and temporary working area, for which NSP is authorized to engage in on the Property, said permanent easement (the “Easement”) shall be limited to that part of the above- described Property (hereinafter called “Easement Area” as depicted on the attached Exhibit) as follows: An easement over, under and across that part of the herein before described Property which lies within the following described area: Commencing at the southeast corner of the Northeast Quarter of Section 23, Township 28 North, Range 23 West; thence North 89 degrees 37 minutes 35 seconds West 1685.28 feet along the south line of said Northeast Quarter of Section 23 to the easterly right of way of Interstate Highway No. 35E and the point of beginning of the area to be described; thence North 35 degrees 10 minutes 01 seconds East 45.51 feet; thence South 62 degrees 45 minutes 21 seconds East 61.48 feet; thence South 00 degrees 23 minutes 57 seconds West 9.58 feet; thence South 28 degrees 45 minutes 59 seconds West 21.02 feet; thence South 00 degrees 22 minutes 25 seconds West 34.61 feet; thence South 47 degrees 18 minutes 58 seconds East 53.25 feet; thence South 49 degrees 39 minutes 42 seconds West 53.51 feet to the easterly right of way line of Interstate Highway No. 35E; thence North 28 degrees 58 minutes 16 seconds West 142.08 feet along said easterly right of way of Interstate Highway No. 35E to the point of beginning. The rights granted herein may be exercised at any time subsequent to the execution of this document. The Grant of Easement herein contained shall include the right to enter upon the Property to survey for and locate said gas pipelines and shall include the right to remove from said Easement Area any structures, trees or objects, except fences, streets, curbs, parking and gutters, and landscaping (hereinafter called “Improvements”), which in the reasonable opinion of NSP will interfere with construction and maintenance of said gas pipelines. The Grant of Easement herein contained shall include the right of NSP to have reasonable access to the Easement Area across the Property adjacent thereto and shall also include the right of reasonable temporary use by NSP of the Property adjacent to the Easement Area during construction, repair, replacement and maintenance of the gas pipelines, for additional construction area. page 123 The Grant herein contained shall also include the right of NSP to erect, at any time prior to or after the construction of the said gas pipelines, reasonable signs for the purpose of monumenting the location of the pipelines. The Grant herein contained shall also include the right of NSP from time to time to reconstruct or relocate said gas pipelines, valves and appurtenances, with changed dimensions, within the Easement Area. Grantor agrees not to perform any act that will interfere with or endanger said gas pipelines. Grantor reserves the right to cultivate, use and occupy the Easement Area except that Grantor shall not erect any structures or other objects, permanent or temporary, or plant trees thereon that would directly interfere with the structural integrity of the gas pipelines that are the purposes of this Grant of Easement. Grantor also reserves the right to dedicate and have or permit to be improved, maintained, and used for the purpose of Improvements, the portion of the Easement Area not occupied by said gas pipelines, on the condition that said Improvements do not alter the existing ground elevations, nor do they impair the structural integrity of said gas pipelines. Before installation of the above-mentioned Improvements, Grantor shall contact NSP for the purpose of locating said gas pipelines and obtaining prior written approval to install the Improvements within the Easement Area. NSP shall pay for all the damages to landscaping, trees, shrubbery, roads and driveways, fences, livestock, crops and fields caused by the construction or maintenance of said gas pipelines. Claims on account of such damages may be referred to NSP’s nearest office. The rights herein granted are subject to existing rights of way heretofore granted and recorded across any part of the lands affected by this easement. Grantor covenants with NSP, its successors and assigns, that Grantor is the owner of the above described premises and has the right to sell and convey an easement in the manner and form aforesaid. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto and all covenants shall apply and run with the land. Grantor agrees to execute and deliver to NSP without additional compensation the additional documents needed to correct the legal description of the Easement Area to conform to the right of way actually occupied by the pipelines. It is mutually understood and agreed that this instrument covers all the agreements and stipulations between the parties and that any modifications, additions or changes to the terms hereof shall be in writing and that no verbal representations or statements, modifying, adding to or changing the terms hereof have been made. This instrument is exempt from the Minnesota Deed Tax. IN WITNESS WHEREOF, the undersigned have caused this instrument to be duly executed as of the ________ day of _____________________, 20____. SIGNATURE PAGE FOLLOWS page 124 City of Mendota Heights _____________________________________ Name: Neil Garlock Title: Mayor _____________________________________ Name: Lorri Smith Title: City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ______ day of ________________, 20____, by Neil Garlock and Lorri Smith, the Mayor and City Clerk, respectively, of the City of Mendota Heights, a Minnesota municipal corporation, on behalf of the corporation. _____________________________________ Notary Public This instrument was drafted by: BJA Northern States Power Company 414 Nicollet Mall, 6A Minneapolis, MN 55401 Abstract 2019.0738 page 125 page 126 page 127 page 128 REVISIONSHISTORY page 129 REVISIONSHISTORY page 130 page 131 page 132 Request for City Council Action DATE: January 21, 2020 TO: Mayor, City Council, and City Administrator FROM: Lorri Smith, City Clerk SUBJECT: Resolution 2020-06 Appointments and Reappointments to Planning, and Parks and Recreation Commissions COMMENT: Introduction The Council is asked to make appointments, and reappointments, for vacancies on both the Planning Commission, and the Parks and Recreation Commission. Background Per City Code, members of the Planning Commission and the Parks and Recreation Commission are limited to 3 consecutive full terms. New Appointments Planning Commission member Michael Noonan and Parks and Recreation Commissioner David Miller have both just completed three full terms and cannot be reappointed. Staff advertised the open positions, and, at a work session which is to take placed immediately preceding the regular City Council meeting, the Councilors will interview candidates who have submitted applications for the vacancies. The Council should make a determination as to their preferred candidates, and place those names in the appropriate places on Resolution 2020-06. These positions are for three year terms which will expire on January 31, 2023. Reappointments: The City Council is also 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. They have each requested to be reappointed. Planning Commission (3 year term, starting February 2020 - expiring January 2023): John Mazzitello Parks and Recreation Commission (3 year term, starting February 2020 - expiring January 2023): Bob Klepperich page 133 Note that recommendations for the Airport Relations Commission will take place at a future meeting. Recommendation The Council should appoint the successful candidates to the vacant Commissions by inserting the appropriate names in the blank spaces, and also make reappointments, by means of adopting the attached resolution. Action Required If the Council concurs, it should by motion adopt Resolution 2020-06 Appointing and Reappointing Residents to the Planning Commission and the Parks and Recreation Commission. page 134 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2020-06 A RESOLUTION MAKING APPOINTMENTS AND REAPPONTMENTS TO FILL VACANCIES TO THE PLANNING COMMISSION AND THE PARKS AND RECREATION COMMISSION WHEREAS, the City Council of the City of Mendota Heights benefits from the active participation of citizens in representing the City on boards and commissions; and WHEREAS, the Planning Commission serves as an advisory body to the City Council. They advise the City Council on matters pertaining to comprehensive planning, amendments to the zoning code, conditional use permits, wetlands permits, and development plans; and WHEREAS, the Parks and Recreation Commission serves as an advisory body to the City Council. They advise the City Council on matters pertaining to parks and recreational programs, the use and operation of the parks and recreational facilities, and improvement of the parks and recreational facilities. WHEREAS, the City Council recognizes the excellent qualifications of Mendota Heights resident ________ to serve the City on the Planning Commission; and WHEREAS, the City Council recognizes the excellent qualifications of Mendota Heights resident ________ to serve the City on the Parks and Recreation Commission; and, WHEREAS, the City Council also recognizes the excellent service provided by the following commission members/representatives whose terms will expire January 31, 2020. Planning Commission (3 year term, starting February 2020 - expiring January 2023): John Mazzitello Parks and Recreation Commission (3 year term, starting February 2020 - expiring January 2023): Bob Klepperich NOW, THEREFORE, BE IT RESOLVED by the Mendota Heights City Council that it does hereby appoint ________ to the Planning Commission, for a three year term to expire on January 31, 2023. BE IT ALSO RESOLVED by the Mendota Heights City Council that it does hereby appoint ________ to the Parks and Recreation Commission, for a three term to expire on January 31, 2023; and BE IT FURTHER RESOLVED by the Mendota Heights City Council that it reappoints John Mazzitello to the Planning Commission for a 3 year term to expire on January 31, 2023, and page 135 that it reappoints Bob Klepperich to the Parks and Recreation Commission for a three year term to expire on January 31, 2023. Adopted by the Mendota Heights City Council this 21st day of January, 2020. CITY COUNCIL CITY OF MENDOTA HEIGHTS ATTEST: ______________________________ Neil Garlock, Mayor _____________________________ Lorri Smith, City Clerk page 136 DATE: January 21, 2020 TO: Mayor and City Council FROM: Dave Dreelan, Fire Chief Mark McNeill, City Administrator SUBJECT: Fire Station Purchases COMMENT Introduction: The City Council is asked to approve the purchase of furniture and fire telephones for use in the new Fire Station. Background: Furnishings--The new fire station project anticipated new furnishings to be provided, for everything from offices to meeting rooms to new dormitory spaces. Chief Dreelan has been working with Office Innovation Systems, which is a furniture supplier who meets the City’s competitive bid requirement under the State bid. These prices are under the University of Minnesota Joint Powers Agreement, which the State and cities in Minnesota may access. \ The total amount of furnishings being ordered is $72,711. The price also includes assembly and delivery. It is recommended that this purchase be authorized at this time, as the lead time for delivery ranges from four to eight weeks. The target date for moving into the new portion of the station is March 26th, and it is desired to have the furnishings delivered by that time. In the near future, the Council will also be asked to authorize disposal of the obsolete furnishings. Action will be forthcoming following an inventory, and evaluation. Fire Phones—These are two-way radio telephones which are manufactured by Motorola, and are compatible with the Motorola system which is currently utilized by the MHFD. The cost is $15,248.55. These are also under State Bid. Budget Impact Both the furnishings bid, and the fire phone bids are less than the amount which was allocated in the project budget for acquisition. The acquisitions are exempt from sales tax, and even if not, would be eligible for reimbursement under the sales tax exemption legislation which has been granted to the MHFD project. Recommendation: We recommend that authorization to purchase these items be approved. Action Required: If the City Council concurs, it should authorize the purchase of furnishings from Innovative Office Solutions in the amount of $72,711, and Fire Telephones from Motorola in the amount of $15,248.85. Budgetary QUOTE-1078748 MENDOTA HEIGHTS FIRE DEPT, CITY OF New FD Station Desksets 01/13/2020 The design, technical, pricing, and other information (“Information”) furnished with this submission is confidential proprietary information of Motorola Solutions, Inc. (“Motorola”) and is submitted with the restriction that itis to be used for evaluation purposes only. To the fullest extent allowed by applicable law, the Information is not to be disclosed publicly or in any manner to anyone other than those required to evaluate the Informationwithout the express written permission of Motorola.MOTOROLA,, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are theproperty of their respective owners. © 2016 Motorola Solutions, Inc. All rights reserved. 01/13/2020 MENDOTA HEIGHTS FIRE DEPT, CITY OF 1101 VICTORIA CURVE MENDOTA HEIGHTS, MN 55118 RE: Motorola Quote for New FD Station Desksets Budgetary QUOTE-1078748 Billing Address: MENDOTA HEIGHTS FIRE DEPT, CITY OF 1101 VICTORIA CURVE MENDOTA HEIGHTS, MN 55118 US Customer: MENDOTA HEIGHTS FIRE DEPT, CITY OF Chief Dave Dreelan daved@mendota-heights.com 651.452.1850 Shipping Address: MENDOTA HEIGHTS FIRE DEPT, CITY OF 1101 VICTORIA CURVE MENDOTA HEIGHTS, MN 55118 US Quote Date:01/13/2020 Expiration Date:04/12/2020 Quote Created By: Dean Daninger dean.daninger@ancom.org Line # Item Number Description Qty List Price Sale Price Ext. Sale Price 1 L30URS9PW1AN APX CONSOLETTE 7/800 1 $4,554.00 $3,280.50 $3,280.50 1a L999AC ADD: FULL FP W/05/KEYPAD/ CLOCK/VU 1 $789.00 $591.75 $591.75 1b G806BE ADD: ASTRO DIGITAL CAI OPERATION 1 $515.00 $386.25 $386.25 1c GA00244AA ADD: 7/800MHZ PRIMARY BAND 1 $0.00 $0.00 $0.00 1d GA00237AA ADD: NO USER/INSTALL CD NEEDED APEX 1 $0.00 $0.00 $0.00 1e CA01598AB ADD: AC LINE CORD US 1 $0.00 $0.00 $0.00 1f G51AT ENH:SMARTZONE 1 $1,500.00 $1,125.00 $1,125.00 1g G78AR ADD: 3Y ESSENTIAL SERVICE 1 $168.00 $168.00 $168.00 1h W382AM ADD: CONTROL STATION DESK GCAI MIC 1 $169.00 $126.75 $126.75 1i G361AH ENH: P25 TRUNKING SOFTWARE APX 1 $300.00 $225.00 $225.00 2 FKN8695AS ETHERNET CABLE 10' 7 $47.00 $28.00 $196.00 3 F2380A SM,MCD 5000 DESKSET 6 $1,800.00 $1,200.00 $7,200.00 Budgetary QUOTE-1078748New FD Station Desksets Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of use and Purchase Terms and Conditions govern the purchase of the Products. Page 3 Line # Item Number Description Qty List Price Sale Price Ext. Sale Price 4 F7879B SM, RADIO GATEWAY UNIT (RGU) 1 $1,800.00 $1,620.00 $1,620.00 5 FHN7394A ASSY,KIT,MCD 5000 DESKSET WALL MT KIT 6 $24.00 $21.60 $129.60 6 FVN5847A SOFTWARE,SW,MCD 5000 DESKSET SYS CONFIG TOOL - SYS W/OUT OMC 1 $250.00 $200.00 $200.00 Grand Total $15,248.85(USD) Budgetary QUOTE-1078748New FD Station Desksets Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of use and Purchase Terms and Conditions govern the purchase of the Products. Page 4 Purchase Order Checklist Purchase Order Checklist Marked as PO/ Contract/ Notice to Proceed on Company Letterhead (PO will not be processed without this) PO Number/ Contract Number PO Date Vendor = Motorola Solutions, Inc. Payment (Billing) Terms/ State Contract Number Bill-To Name on PO must be equal to the Legal Bill-To Name Bill-To Address Ship-To Address (If we are shipping to a MR location, it must be documented on PO) Ultimate Address (If the Ship-To address is the MR location then the Ultimate Destination address must be documented on PO ) PO Amount must be equal to or greater than Order Total Non-Editable Format (Word/ Excel templates cannot be accepted) Bill To Contact Name & Phone # and EMAIL for customer accounts payable dept Ship To Contact Name & Phone # Tax Exemption Status Signatures (As required)