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HomeMy WebLinkAbout05-12-2020 City Council Packet CITY OF OAK PARK HEIGHTS TUESDAY, MAY 129 2020 CITY COUNCIL MEETING AGENDA 6:00 PM This meeting will be conducted by video/telephone conference due to the ongoing COVID-19 health pandemic. The meeting will follow the provisions of Minnesota Statute § 13D.021. If practical,members of the public may be permitted to remotely listen to the meeting as provided in 13D.021, Subd. 3, subject to such person paying for any added cost incurred by the City as a result of the additional connection. The open meeting can be viewed remotely online at https://us02web.zoom.us/i/85019863829 or by calling(312- 626-6799)and entering meeting ID 85019863829#. There is no participant ID needed. Please contact the City at 651-439-4439 or jpinski@cityofoakparkheights.com in advance of May 12, 2020 if you have any questions about access. 6:00 p.m. I. Call to Order/Approval of Agenda Estimated times 6:00 p.m. II. Summary of Closed Session from April 28, 2020 City Council Meeting 6:05 p.m. III. Council/Staff Reports A. Mayor McComber B. Councilmember Dougherty C. Councilmember Johnson D. Councilmember Liljegren E. Councilmember Runk F. Staff • Recycling Award (pg. 3) 6:10 p.m. IV. Public Comment This is an opportunity for the public to address the Council with questions or concerns on issues not part of the regular agenda(Please limit comments to 3 minutes in length). 6:10 p.m. V. Consent Agenda_ (Roll Call Vote) A. Approve Bills & Investments B. Approve Payment of Legal Fees for Confidential Matter from Council Contingency Fund (pg. 5) C. Approve City Council Minutes—April 28, 2020 (pg. 7) D. Approve Stantec Construction Services Agreement(pg. 13) E. Accept Donation to Police Community Outreach Fund (pg. 19) 6:10 p.m. VI. Public Hearings 6:15 p.m. VII. Old Business A. Chief of Police Hiring Process (pg. 21) Please mute or silence any cell phones,computers or other devices during meeting—Thank You. Page 1 of 40 Agenda May 12,2020 Page 2 6:15 p.m. VIII. New Business A. Consider Resolution Outlining Further City COVID-19 Responses to Aid City Residences and Businesses (pg. 29) 6:20 p.m. IX. Other Council Items or Announcements 6:20 p.m. X. Adjournment Page 2 of 40 Oak Park Heights Request for Council Action Meeting Date May 12, 2020 _ Agenda Item Recycling Award Time Req. 0 Agenda Placement Staff Reports Originating Department/Requcstor Administration/Jennifer Pinski Requester's Signature Action Requested Receive Information Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). Sec attached. Page 3 of 40 City of Oak Park Heiahts 14168 Oak Park Blvd.N•Oak Park Heights,MN 55082.Phone(651)439-4439•Fax(651)439-0574 May 7, 2020 Jim Sprenger 15015 65th Street North Oak Park Heights, MN 55082 Dear Mr. Sprenger: Thank you for participating in the City's recycling program. As an incentive to recycle and to increase fire prevention awareness, the City rewards two residents each month with their choice of an award of $25.00 or a fire extinguisher and/or smoke detector(s). Your residence was checked on Thursday, May 11, 2020, to determine if you had your recycling bin out with your regular garbage. Your recycling was out and ready for collection; therefore, you are one of this month's winners. Please contact me via phone at 439-4439 or email at jpinski@cityofoakparkheights.com to let me know your choice of award. On behalf of the Oak Park Heights City Council, thank you for participating in the City's recycling program. Congratulations_! i` �nlfer Pinski City Clerk TREE CITY U.S.A. Page 4 of 40 SO- Oak Park Heights Request for Council Action Meeting Date May 12, 2020 Agenda Item Approve Payment of Legal Fees for Confidential Matter from Council Contingency Fund Time Req. 0 Agenda Placement Consent Originating Department/Requestor Mayor Mary McComber Requester's Signature Action Requested Approve Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). The City Council received bills for additional legal fees due to a confidential issue. I recommend payment of the bills from the Council Contingency Fund. Page 5 of 40 THIS PAGE INTENTIONALLY LEFT BLANK Page 6 of 40 SO- Oak Park Heights Request for Council Action Meeting Date May 12, 2020 Agenda Item Approve City Council Meeting Minutes—April 28, 2020 Time Req. 0 Agenda Placement Consent Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature Action Requested Approve Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). See attached. Page 7 of 40 CITY OF OAK PARK HEIGHTS TUESDAY, APRIL 28, 2020 CITY COUNCIL MEETING MINUTES HELD VIA VIDEO CONFERENCE PER MN STAT. 13D.021 L Call to Order/Approval of Agenda: Mayor McComber called the meeting to order at 6:02 p.m. Present: Councilmembers Dougherty, Johnson, Liljegren and Runk. Staff present: City Administrator Johnson, City Clerk Pinski, Finance Director Caruso, City Attorney Kevin Sandstrom, City Planner Richards and City Engineer Mann. Absent: None. Councilmember Dougherty, seconded by Councilmember Johnson, moved to approve the Agenda. Roll call vote taken. Carried 5-0. II. Council/Staff Reports: A. Mayor McComber: She reported she attended multiple meetings through Zoom with the League of Minnesota Cities, the Minnesota Mayor's Association, Washington County, the White House, the Governor's Office, and the National League of Cities. She also reported she had received several calls from residents and businesses over the last few weeks. B. Councilmember Dougherty: He reported he had also received several calls over the last few weeks. C. Councilmember Johnson: She reported she attended the Parks and Trails Commission meeting, and she attended the video conference with Governor Walz through the League of Minnesota Cities. D. Councilmember Liljegren: He reported he attended the Planning Commission meeting. E. Councilmember Runk: He reported he attended the Middle St. Croix Watershed Organization where they accepted the annual report, and that there was no CVB meeting held that month. F. Staff: City Clerk Pinski reported that Joseph Allenspach of 5472 Stagecoach Trail North and Julie McPherson of 14452 57th Street North were chosen as the most recent recycling award winners. Pinski also reported that Spring Clean up had been rescheduled from May 2 to June 27. III. Visitors/Public Comment: None IV. Consent Agenda: Page 8 of 40 A. Approve Bills & Investments B. Approve City Council Minutes —March 24, 2020 C. Approve Acceptance of the 2019 City Annual Financial Statement and Related Reports D. Designate the Finance Director as the"Business Administrator" for Electronic Fund Transfers E. Approve LMCIT Waiver of Statutory Tort Limits—Liability Coverage F. Approve Renewal of Consumption and Display Permit for St. Croix Yacht Club Councilmember Runk, seconded by Councilmember Liljegren, moved to approve the Consent Agenda. Roll call vote taken. Carried 5-0. V. Public Hearings: None VI. Old Business: None VII. New Business: A. Menards—Extension Requested Amended Conditional Use Permit—Yard Entrance: Councilmember Dougherty, seconded by Councilmember Johnson, moved to approve the extension as recommended by staff. Roll call vote taken. Carried 5-0. B. Zephyr Group LLC (Pony Express Car Wash) 5970 Neal Ave Site Guidelines and Site Plan Review: City Planner Richards reviewed his planning report. Councilmember Liljegren, seconded by Councilmember Runk, moved to approve the Resolution. Roll call vote taken. Carried 5-0. C. Approve Letter of Support for the Center for Energy and Environment (CEE)to Just Transition Fund(JTF): Mayor McComber reported that she received correspondence from Audrey Partridge with the Center for Energy and Environment that there was another grant opportunity for an economic impact study. Councilmember Dougherty, seconded by Councilmember Johnson, moved to approve a letter of support for the grant application. Roll call vote taken. Carried 5-0. D. Manning & STH 36 SOUTH Frontage Road: Councilmember Runk reported that Washington County established what they called an approved layout for a connection between Manning and Stillwater Boulevard that the City had not been involved in. He said the City did not have a lot of information on the layout. Page 9 of 40 Councilmember Runk, seconded by Councilmember Liljegren, moved to allow staff to continue to communicate with Washington County on the matter, and that Stantec report back to the City Council any traffic and financial impacts to the City and how it may affect businesses in the City, and send a letter to Washington County that the City had not taken a position and was not taking a position until such time as they received more information and a report back from the professionals. Roll call vote taken. Carried 5-0. E. Consider Resolution Outlining Possible City COVID-19 Responses to Aid: Convention and Visitors' Bureau and Temp. Suspension of Banner Regulations & Actions Related to Liquor Licensing: Councilmember Runk stated that the City received a request from the CVB to delay the submittal of taxes to allow flexibility for hotels and Airbnbs. Mayor McComber suggested businesses be allowed to put up temporary signage letting people know they were open and to prorate the on-sale liquor license fees for license holders for the time they were closed due to the pandemic. Councilmember Johnson, seconded by Councilmember Dougherty, moved to approve the Resolution. Roll call vote taken. Carried 5-0. F. Rate Increase Request- Tennis Sanitation: City Administrator Johnson reported that Tennis Sanitation was seeking a$1.07 per unit per month rate increase for recycling fees. Councilmember Liljegren opposed the increase because they bid a certain amount to get the contract and then continue to ask for increases. Mayor McComber was in favor of the request. Councilmember Dougherty was not in favor for the same reason as Councilmember Liljegren. Councilmember Johnson, seconded by Mayor McComber, moved to approve half of the recycling fee increase request for$0.53 per unit per month. Roll call vote taken. Failed 2-3, opposed by Dougherty, Liljegren, and Runk. G. Consider Appointments to Xcel Energy Advisory Panel: City Administrator Johnson said the City had received several appointments for representatives from the various invited organizations as well as seven citizen applications for the advisory panel. Mayor McComber indicated Shane Zahrt was appointed from the Coalition of Utility Cities with Greg Pruszinske as an alternate. She also said she spoke with Gina Zeuli and Tim Freeman, and they indicated they would be interested in co-chairing the panel. Page 10 of 40 Councilmember Runk, seconded by Councilmember Dougherty, moved to accept the membership from the invited agencies plus the addition of Shane Zahrt and also the co-chair recommendations. Roll call vote taken. Carried 5-0. Councilmember Liljegren, seconded by Councilmember Runk, moved to table the appointments of citizen representatives until it was conducive to meet with the applicants. Roll call vote taken. Carried 5-0. H. 2020 Party in the Park: City Clerk Pinski reported that Party in the Park was scheduled for June 4 and requested the City Council consider whether they wanted to reschedule or cancel the event due to the pandemic. Mayor McComber suggested many businesses would be reopening after a long closure and may be struggling. Councilmember Runk, seconded by Councilmember Dougherty, moved to cancel the 2020 Parry in the Park. Roll call vote taken. Carried 5-0. I. 2020 Goal Setting: Councilmember Liljegren, seconded by Councilmember Runk, moved to table until the City Council could meet in person. Roll call vote taken. Carried 5-0. VIII. Other Council Items or Announcements: Mayor McComber reminded everyone to follow CDC recommendations and stay safe. IX. Closed Session A. Discussion on Land Acquisition for Backage Road Project(closed pursuant to MN Stat. 13D.05, Subd. 3(c)(3)): City Attorney Sandstrom reported that the City Council would go into a closed session to discuss negotiation regarding land acquisition for a road right away in the rear parking lot area of Michaels, Pier 1, TJ Maxx and Kohl's. He reported the meeting would be recorded per statute, and the summary of the meeting would be given at the beginning of the next City Council meeting. Councilmember Liljegren, seconded by Councilmember Johnson, moved to go into closed session at 7:00 p.m. Roll call vote taken. Carried 5-0. X. Adiourn: Councilmember Runk, seconded by Councilmember Liljegren, moved to adjourn at 7:39 p.m. Roll call vote taken. Carried 5-0. Respectfully submitted, Approved as to Content and Form, Jennifer Pinski Mary McComber City Clerk Mayor Page 11 of 40 THIS PAGE INTENTIONALLY LEFT BLANK Page 12 of 40 Oak Park Heights Request for Council Action Meeting Date May 12th, 2020 Time Required: 1 Minute Agenda Item Title: Approve STANTEC Construction Services Agreement Agenda Placement Consent Agenda Originating Department/Requestor�: Eric Johnson, City Administrator Requester's Signature: ✓�" Action Requested Approve STANTEC Construction Services Agreement—Dated 5/7/20 Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): In September 2019, the City approved two elements of the needed STANTEC contracts to move the 2020 projects forward—generally being design and bidding $77,557 +/-. At that time, it was unknown if the project was going to be moving forward and/or if the City was able to find and agreement with Baytown Township. Now that this Project is known to be moving forward to construction, STANTEC is seeking approval for costs associated with Construction Services totaling between $71,300 and $77,300 (including final testing costs). Please see the attached PROPOSAL dated 5/7/20. Staff would recommend final approval and would execute the Project with effective oversight, testing and close-out. Page 13 of 40 y'u p 10 � I 2020 Project Areas 5,6&8 r e v rAft I DPH-BTIVN i r Approximate Joint Project Area' Joint Project Area with i.too�.e.�r- - ,f Baytown O, Z r MW Fb Page 14 of 40 May 7, 2020 File: 193804872 Attention: Mr. Eric Johnson City of Oak Park Heights 14168 Oak Park Boulevard Oak Park Heights, MN 55082 Reference: Proposal for Construction Services—2020 Mill and Overlay and Oakgreen Avenue Dear Eric: This letter constitutes the Scope of Services for Professional Services between the City of Oak Park Heights and Stantec Consulting Services Inc. for providing construction services for the 2020 Mill and Overlay and Oakgreen Avenue project. The total estimated hourly not-to-exceed fee for construction services is $67,300, including expenses. Additional services by others have been identified for geotechnical testing services. See the fee summary following the task descriptions. Construction services Stantec will provide construction observation, administration, and management services including: • Preconstruction meeting • Construction staking for trail and as/if needed on Oakgreen Avenue. • Coordination with the Contractor and observation of the Work • Provide construction notice to affected properties along the project streets at the following intervals: ✓ Prior to curb replacements/patching if driveways are affected ✓ Prior to final paving • Documentation of materials and quantities • Coordination with an independent material testing firm and review of testing reports and invoices • Process Contractor pay applications and contract modifications if necessary • Complete record drawings following project completion, updates to City's GIS basemap as applicable • Final project closeout and documentation Page 15 of 40 Additional services Construction Material Testing: If the City chooses to do so, an independent material testing firm will complete bituminous mixture and concrete sampling and testing at a rate of one sample per day. The estimated fees for the tasks outlined above are as follows: 1. Construction Services $59,100 - $65,100 2. Expenses $2,200 Total Estimated Fee: $61,300 -$67,300 Estimated Additional Services— Construction Material Testing Services $10,000 This letter and Scope of Services described above represent the understanding between the City and Stantec in respect to the Project and may only be modified in writing signed by both of us and is subject to the current Master Services Agreement between the City and Stantec. If this letter satisfactorily sets forth conditions of our Agreement, please sign in the space below and return one copy to our office. Thank you for the opportunity to provide these services. CITY OF OAK PARK HEIGHTS By Print Name and Title Date Page 16 of 40 If you have any questions, need additional information, or wish to discuss this matter in greater detail, please contact me. Regards, Stantec Consulting Services Inc. Lee M. Mann, PE MN,WI,CA Principal Phone: 612-712-2085 Lee.Mann@stantec.com c. file Andrew Kegley, Director of Public Works Kellie Schlegel, Stantec Page 17 of 40 THIS PAGE INTENTIONALLY LEFT BLANK Page 18 of 40 ._ Oak Park Heights Request for Council Action Meeting Date: Time Required: 1 min Agenda Item Title: Accept Donation to Police Community Outreach Fund Agenda Placement: Consent Originating Department/Requestor• ak Park Heights Police Dept., Chief Brian DeRosier Requester's Signature Action Requested: Accept Donation to Police Community Outreach Fund Background/Justification: The police department has received a generous donation from Bob and Rosemary Knutson of$100.00. This donation to be accepted and placed into the police community outreach fund for future use in community education and outreach efforts. A personal thank you has been sent. Chief DeRosier Page 19 of 40 THIS PAGE INTENTIONALLY LEFT BLANK Page 20 of 40 Oak Park Heights Request for Council Action Meeting Date May 81h , 2020 Time Required: 5 minutes Agenda Item Title: Chief of Police Hiring Process Agenda Placement Old Business Originating Department/Requestor Mayor Mary McComber Requester's Signature Action Requested Discussion, Possible Action Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Please recall the City Council has appointed a SUB COMMITTEE to begin the more detailed process of the recruitment/hiring process of the new Chief of Police. Recall, the City Administrator did email out the Job Description and various other related documents on May 5th. Before the Sub-Committee moves forward in earnest, does the City Council as a whole or its Members have any initial perspectives, guidance or desires to offer the Sub-Committee relative to preferred TRAITS, STYLES OR SKILL SETS or other comments it may view as valuable at this time? The documents sent on May 5th are again attached. Page 21 of 40 CITY OF OAK PARK HEIGHTS POLICE DEPARTMENT 14168 Oak Park Blvd. N., Oak Park Heights, MN 55082 February 26,2020 To: City Administrator Johnson From: Chief DeRosier Re:New Chief Hiring Process—Issues Trending and Persisting in Law Enforcement As council asked, I have put together a list of some issues facing law enforcement and communities. 1. Use of Force vs Officer Safety vs De-escalation Requirements vs Mental Health Response The subject of Officer's using force against persons has been heavily discussed in the media and politically placated in recent years. Times when officers have had to use force in protection of themselves or others with a negative outcome for the suspect have become political and societal"cards" including misinformation on training or tactics. There has been and continues to be discussed more legislative regulations and requirements for departments regarding training and policy to "end"these incidents. *Do you feel this is a reasonable expectation? *What at a department level has been done? *What more if anything do you see can be done with what goal in mind? 2. Employee Wellness and Retention *Thoughts and goals to deal with employees and their families wellness including PTSD and Suicide rates in LE? *Issues facing agencies with different generational ideations of the work place affecting retention and satisfaction of those employees. 3. Rapidly Changing Technology/ Expectations of the Public vs Reality The public routinely demands use of technology"in particular video" as the answer to critical incidents. *What is your position? *Reality of use and costs associated with this technology "specifically for a department this size". *Real limitations of the video as hard evidence? "distortion,not capturing audio,limited view,etc." *Private vs. Public data? *Constant recording entire shifts vs. incident recording with regard to employee privacy,working conditions? 4. Active Shooter Response 5. Drug issues in society and what have we seen in community and how affecting community? 6. Unfunded—Legislative Mandates /Policies / Community Expectations / Law Enforcement Operational Expectations from the Community and Officers. Page 22 of 40 CITY OF OAK PARK HEIGHTS TITLE: POLICE CHIEF DEPARTMENT: POLICE REPORTS TO: CITY ADMINISTRATOR SUMMARY OF POSITION: This position is a member of the City's senior management team and is responsible for managing and directing police work involved in the protection and safety of the citizens of Oak Park Heights. These objectives are met through crime control and prevention, maintenance of emergency warning systems, and the development and enforcement of department policies and procedures. ESSENTIAL JOB FUNCTIONS: 1. Plans the staffing, organization, and functioning of department personnel to assure law enforcement, crime prevention, civil defense, and public services are being provided within the City which will command respect and confidence of the citizens; preserve law and order, and protect life and property. 2. Oversees and directs daily operations of the police department and its personnel. 3. Demonstrates, by example, the desire standard of the department for personal appearance and conduct; defines and communicates department rules , regulations, and operating policies. 4. Plans and conducts/assists with in-service training session on work methods and techniques. 5. Enforces the law,patrols in squad cars or by other means suitable to the task; issues tickets, citations, and warnings to persons violating federal, state, or local laws/statutes/ordinances; responds to calls of criminal activity and assists citizens whenever possible; apprehends, arrests, and books individual suspected of violating federal, state or local laws/statutes/ordinances; maintains the public peace. 6. Develops the department budget, oversees control of expenditures, reviews and approves purchases and allocates and assigns all resources used by department personnel. 7. Developes, maintains, and implements policy and procedures for the efficient operation of the department. 8. Develops and maintains a public safety system to include emergency sirens;prepares and implements civil defense policies and procedures; serves as Emergency Management Coordinator for the City, directing the police, fire district,public works, state, or federal agencies in case of manmade or natural disasters. Page 23 of 40 9. Stays current on the theories,principles, and practices of modern law enforcement science and practices. 10. Receives, coordinates for investigation of, and disposes of complaints; advises the public on their legal rights and privileges with regard to police department activities. 11. Represents the department in court, at public meetings and functions. 12. Promotes a cooperative work effort with other City departments, community groups, and law-enforcement agencies. 13. Maintains ties to the community in order to develop favorable public relations and image. 14. Informs the City Administrator of all developments necessary to function effectively as the City's Chief Executive Officer. 15. Disciplines and oversees discipline of all department employees. 16. Conducts reviews and performance appraisals of all department employees. 17. Performs other duties as assigned or apparent. KNOWLEDGE, SHILLS,AND ABILITIES: • Knowledge of state and federal constitutional law, City ordinances and knowledge of the functions and jurisdictions of various county, state, and federal law enforcement agencies; knowledge of Community Policing, Neighborhood Watch, DARE and related programs, and trends in law enforcement. • Knowledge of police policy and procedures to include rules of evidence, arrest, search and seizure to assure admissibility of evidence in court, and to assure approved procedures are followed. • Ability to make decisions with limited information, to take command of a critical or emergency situation, to remain composed under emotional stress, to avoid inappropriate risks. • Knowledge of policies and procedures related to personnel management and development to include work assignments,performance reviews, and disciplinary procedures. • Ability to carry out oral and written instructions; ability to deliver reports and make presentations to elected bodies and members of the public. • Knowledge of legislation affecting the maintenance and distribution of data. Page 24 of 40 • Knowledge of computer software to include Microsoft Word, Excel, and PowerPoint. • Knowledge of types and use of firearms, communications, and automotive equipment used in modern police work. • Knowledge of 1st Aid and ability to provide aid in emergency situations. • Ability to communicate effectively and professionally with co-workers and members of the public. • Ability to establish and maintain effective working relationships with supervisors, co- workers, and members of the public. MINIMUM QUALIFICATIONS • POST Licensed or the ability to be licensed in the State of Minnesota • Associate's degree (2yr) in Criminal Justice, Police Science, Public Administration, or related field. • Valid Minnesota Class C drivers license. • Ten (10) years of broad-based police or related law enforcement experience. PREFERRED QUALIFICATIONS • Bachelor's degree in Criminal Justice, Police Science, Public Administration, or related field. • Two (2) years experience as chief, or member of the senior management of a police department or related agency. • Advanced work at the FBI National Academy or similar executive management school. MINIMUM TRAINING AND EXPERIENCE: See Above. SUPERVISION OF OTHERS: NA OTHER ITEMS: NA ESSENTIAL PHYSICAL DEMANDS: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. While performing the duties of this job, the employee is regularly required to use hands to finger, handle or feel objects, tools, Page 25 of 40 or controls. The employee frequently is required to sit. The employee is frequently required to stand; walk; reach with hands and arms; climb or balance; stoop; kneel, run, crouch or crawl; and talk/hear. The employee must regularly lift and/or move up to twenty-five (25) pounds, frequently lift and/or move up to fifty (50) pounds, and occasionally lift and/or move more than one hundred (100) pounds. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, and depth perception, and the ability to adjust focus. The employee must have the physical capability and capacity to exercise the full range of the Essential Job Functions, as required by the City and as may be tested. WORK ENVIRONMENT: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. While performing the duties of this job, the employee regularly works in outside weather conditions, from extreme cold to extreme heat. The nature of the position is that of a sworn police officer in the State of Minnesota. Such position carries responsibilities and duties commensurate with maintaining public order, enforcing the laws of the City and other acting on behalf of other authoritative agencies where applicable. The position is inherently dangerous as the employee will through their position, engage criminal elements, enter crime scenes, act as a first-responder to emergencies and numerous other situations too extensive to be listed herein. The above examples and elements are intended only as an illustration of various types of work performed and related skill sets needed by the City and is not all-inclusive. The job description is subject to change as the needs of the employer and requirements of the job change. EQUAL EMPLOYMENT POLICY: It is the policy of the City of Oak Park Heights to provide equal employment opportunities to all persons. All employment policies and practices shall be non-discriminatory, in compliance with federal laws, statutes and local ordinances. All positions shall be required to work from the City Hall or City designated location(s) so as to meet the City's regular customer service and staffing needs. Page 26 of 40 Oak Park Heights Request for Council Action Meeting Date February 25, 2020 Time Required: 1 Minute FROM FEBRUARY 2020 - COUNCIL PACKET Agenda Item Title: Chief of Police Agenda Placement New Business Originating Department/Requestor Eric Johnson, City Administrator Requester's Signature Action Requested Discussion, Possible Action. Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): In discussing with Chief Brian DeRosier and anticipated retirement dates,the time is now appropriate for the City to begin to initiate the process for identifying his replacement. This process will take significant time and consideration on the part of the City identify an appropriate pool of candidates—both internal and/or external and to make the Council's preferred selection. To begin this process, enclosed is a proposed timeline and which includes the creation of a Search and Review Committee. If this enclosure is acceptable, Staff would request two actions: 1. Approve the enclosed timeline and its related concepts. 2. Create a Search and Review Committee consisting of: • Appoint TWO Members of the City Council. • City Administrator • City Attorney • City Clerk(or other Senior Staff Member) • Possible Consultant or Former Chief from MN City. NOTE: Costs associated with this process are unknown and will depend on the City's ability to find assistance from a former chief and/or are other consultants necessary. Some final testing and background reporting will also be necessary for both internal and external candidates. Page 27 of 40 I 4• City of Oak Park Heights 14168 Oak Park Blvd. N•Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574 February 19,2020 TO: City Council Members FROM: Eric Johnson,City Administrator RE: Chief of Police—Retirement 2020 In discussing with Brian DeRosier and anticipated retirement dates,the time is now appropriate for the City to begin to initiate the process for identifying such replacement. This process will take significant time and consideration on the part of the City identify an appropriate pool of candidates—both internal and/or external and to make your preferred selection. The Chief has indicated to me two items which are pertinent to any process: 1. That his timeline is to leave the City in late 2020,but certainly not later than Dec 313t,2020. 2. That he would like very limited input into any process. Accordingly:To layout a possible timeline/process,certainly subject to revision, here is a plan: Feb 2020 Formally initiate the replacement search;direct staff to prepare general position description and announcements. City Council appoints Chief of Police`Search&Review(S&R) Committee', This Committee could also include a qualified Chief from another city and/or a CONSULTANT with the roles and duties of the position. Mar 2020 Review Committee meets to discuss and finalizes job description and items noted below;posts position for applications to be received—numerous locations LMC/MCA,etc.S&R Committee to establish scoring criteria for received applications. This will of course depend on process or internal versus external candidates. April-May 2020 Solicit and Receive all applications; S&R Committee members score and rank applications independently;Committee meets to select candidates for interviews.Schedule Interviews.A written test should also be developed. June-July 2020 Hold interviews,review test scores and determine top two or three candidates. Initiate in-depth background check process and psychological report.City Council and S&R Review Committee hold final joint interview with top candidates.Review Committee makes final recommendation to City Council.City Council selects its preferred candidate and job offer is extended—possible contingencies. Aug-Sept 2020 New"Chief"takes position as"Deputy Chief"as an interim position and works with Brian DeRosier for defined period of time.This length can certainly vary if internal or external hire. Jan 1 st 2021 Brian DeRosier leaves the City;New Chief assumes full role. FURTHER THINGS TO CONSIDER BY THE S&R Committee-TBD: 1. Does the City want to first ONLY consider internal candidates or open up to all internal and external? 2. Does the City desire to hire a outside Consultant to facilitate this+/-$10,000 or perhaps a Local former Chief as a guide? 3. Should a patrol officer be part of the Search and Review Committee?Or other Staff Input such as a SURVEY?Both? 4. Other items? Page 28 of 40 Oak Park Heights Request for Council Action Meeting Date May 12'', 2020 Time Required: 10 minutes Agenda Item Title: Consider Resolution Outlining Further City COVID-19 Responses to Aid City Residents and Businesses . Agenda Placement NEW BUSINESS Originating Department/Requestor Chuck Dou _gheM, CityCity Council Member Requester's Signature Action Requested Consider Resolution Outlining Possible City COVID-19 Responses to Aid City Residents and Businesses. Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): I would like the City Council to please consider the attached resolution outlining some possible steps to aid City residents and businesses as they look to respond and react to the COVID-19 matter. Perhaps this needs some editing and/or additions or deletions of various ideas. Page 29 of 40 RESOLUTION A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS OUTLINING FURTHER POLICIES AND REQUESTS RELATED TO ASSISTING IN ECONOMIC RECOVERY FOLLOWING THE COVID-19 OUTBREAK. Whereas, the State of Minnesota and numerous communities have been impacted by the outbreak of COVID-19 virus forcing the slow down and, in some cases, shuttering of businesses creating significant unemployment; and, Whereas, many individuals have also been impacted by the COVID-19 outbreak with the loss of employment and critical income; and, Whereas,the State and Federal Governments have begun to implement various tools to aid in the recovery of businesses and employment;the City of Oak Park Heights may also consider responsible actions to aid effected businesses and their staff as well as its general population; and, Whereas,the City has previously approved resolutions outlining certain City responses,it has continued to evaluate its options related to any continued assistance it may be able to offer as well as explore other public-private partnerships to advance solutions to address these matters stemming from COVID-19 matter. NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of Oak Park Heights enacts the following actions and requests: 1. In consideration that the Washington County Economic Development Agency did not as of this date yet establish a specific operational grant or loan program related to COVID-19 recovery,the City will reallocate $50,000 of the total $96,000 of such funds to a GRANT PROGRAM for City business directly dedicated to assist preparing for necessary infrastructure or operational changes to respond to the COVID-19 crisis and the pending re-opening which will require significant investment. The final grant program and funding sources shall be best determined by the City Administrator and Finance Director. Exhibit A of this Resolution outlines the general scope of the anticipated program,subject to final review and approval of City Staff. 2. From the date of adoption of this Resolution through September 30t1 2020 in Zoning Districts of B-2, B-3 and B-4, when businesses follow best practices guidelines that are in effect for the COVID-19 matter,the City supports and will non-unreasonably cause the closure or suspension of the opening and operation of restaurants and retail sales by established firms upon on-site outside areas not otherwise already approved. Alcoholic beverages may only be served in established and approved outside seating areas that have been approved prior to the date of this Resolution; all necessary pedestrian and sanitation provisions must made to accommodate safe practices for all patrons and staff and such responsibility remains with the property owner(s)to maintain and verify. Be It Further Resolved,that City Staff shall actively implement these goals to the extent authorized under Minnesota law and provide the necessary communications to related offices and entities. The Resolution has been duly considered and adopted by the City Council this day of ,2020. Mayor Mary McComber Attest: Eric Johnson, City Administrator Page 30 of 40 EXHIBIT A to RESOLUTION: OF *Oka r City of Oak Park Heights Economic Assistance for Recovery - COVID-19 Response INFORMATION PACKET *Rules & Requirements *Application Form Submissions Due May 22nd 2020 Page 31 of 40 Oak Park Heights Economic Assistance for P Recovery Grant Program Description Applications Must Be Submitted By 5:00 PM, May 22, 2020 The Need for Assistance The City Council has determined that the encouragement and the financial support of economic development and redevelopment in the City is vital to the orderly development and financing of the City and in the best interests of the health, safety, prosperity and general welfare of the citizens of the City. . In 2020,the critical economic development issue are the impacts of the Coronavirus. In March 2020,the World Health Organization declared the worldwide outbreak of Coronavirus to be a pandemic (the"Pandemic" or"COVID-19"). The Governor of Minnesota has issued a series of executive orders to help limit the spread of the Pandemic, including declaring a peacetime public emergency, directing the closure of all schools, and ordering the closure of bars, restaurants and other places of public accommodation (the"Executive Orders"). The U.S. Center for Disease Control and Prevention (the"CDC") has issued a series of directives to limit personal interaction to slow the spread of the Pandemic. These actions have had significant adverse effects on local businesses, including closure, significant reduction in revenues, and loss of employees. The continuation of these events will have devastating short- term and long-term effects on the well-being of the community. After evaluating alternative means of assistance to help local businesses adapt business practices to protect the health of customers and employees and thereby establishing the means for successful operation,the City has determined that this assistance conforms with state law governing business subsidies and advances the general health, safety and welfare of the community as a whole. Page 32 of 40 Program Description Qualifying businesses are eligible to receive a grant in an amount not to exceed $2,500 to pay for changes in business practices for customer and employee safety due to COVID-19. The total amount of grant funds available is $50,000. Eligible Activities The grant may only be used for costs directly related to activities needed to adapt the business to operations related to COVID-19.Eligible activities include: • Building improvements, equipment and furnishings • Personal protective equipment • Sanitizing supplies • Signage • Employee training • Transition to online sales • Printing • Advertising • Supplies needed to restart operations • Other extraordinary costs directly related to COVID-19 -provide data. Grant funds maybe used to reimburse for expenditures made for the activities after March 25, 2020 (Governor's Stay at Home Order) and prior to the receipt of the grant. Grant funds may not be used to pay for regular business expense including payroll, rent, utilities, and taxes. The grant application will include a description of the plan for operating under the restrictions of COVID-19,the proposed use of grant funds and the relationship to COVID-19. Documentation of expenses requested for reimbursement must accompany the application. In submitting the application,the business will commit to using the grant funds only for these uses. The City Council will make the final determination of eligibility and the amount of the requested grant to approve. Eligible Businesses Businesses that meet the following criteria are eligible to submit grant applications: 1. The business must be in operation at the current location within the City at the time of application. 2. The business must be registered with the Minnesota Secretary of State unless it is a sole proprietorship or partnership that is not required to file with the Secretary of State's Office to do business in Minnesota. Page 2 Page 33 of 40 3. The business cannot be delinquent on any fees or charges with the City. The business must have employed the equivalent of 20 or fewer full-time employees (FTE) on March 1, 2020. (A full-time employee= 1 FTE. Each part-time employee= 0.5 FTE.) 5. The grant application must be signed by the business owner. Reporting Grant recipients must agree to complete and submit the Grant Report Form provided by the City.The report will include documentation of activities paid for with grant funds and a description of how these activates affected operations and the response to COVID-19. Application Process The application form for the Grant will be available on the City website beginning on May 13th, 2020 Completed applications must be submitted via email to eajohnson@cityofoakparkheights.com not later than 5:oo PM CDT on May 22, 2020. The City will extend this timeline and consider further applications if there are remaining funds. Only complete grant applications will be considered for funding. The applications will be reviewed and evaluated by a Grant Review Committee established by City Council (and or may be the City Council).The Committee will decide the recipients and amounts of the grants. Businesses receiving grants will be contacted via email on June 1st, 2020. Grant funds will be available for disbursement promptly thereafter. The Grant Review Committee will assign a score to each application based on the following factors: • Overall completeness of grant application (maximum 15 points). • Explanation of impact of COVID-19 on business practices (maximum 25 points). • Description of plan to address these impacts (maximum 25 points). • Effectiveness of proposed activities to be undertaken with grant funds (maximum 25 points). • Lack of other financial assistance from Federal, State and City sources (maximum 10 points). This score will be used to allocate grant funds in the event that the total amount of applications exceeds the established limit as outlined above. Page 3 Page 34 of 40 Oak Park Heights - Economic Assistance for Recovery Grant Application Form Please read the Grant Program Description Applications Must Be Submitted By 5:00 PM, May 22, 2020 Applicant Information Business Legal Name: Business Operating Name (if different): Street Address: City: State: Zip Code: Mailing Address (if different): Primary Contact Information Name: Phone: Email: Legal Structure of Business: ❑ Limited Liability Entity ❑ Corporation ❑ Sole Proprietorship ❑ Partnership Federal EIN: State Tax ID Number: Number of Employees on March 1, 2020 Full-time Part-time Please provide a brief description of your business: Page 35 of 40 How has COVID-19 affected your business? Briefly, what is your plan to reopen/recover when the Governor lifts the current restrictions? What changes to your business practices and facilities are needed to provide a safe environment for employees and customers and to otherwise operate in this environment? Grant Application Page 2 Page 36 of 40 Amount of grant requested (not more than the $2,500.00) How will you use the Grant? Provide estimated costs and source of estimate. If any of the Eligible Activities are to reimburse for expenses made after March 25, please enter"Reimbursement" in the Source of Estimate column and attach appropriate documentation to this application. Eligible Activities Estimated Cost Source of Estimate Building improvements, equipment and furnishings Personal protective equipment Sanitizing supplies Signage Employee training Transition to online sales Printing Advertising Supplies needed to restart operations Other extraordinary costs directly related to COVID-19 Other Explain Purpose of Other: Grant Application Page 3 Page 37 of 40 Have you applied for any Federal or State assistance? If Yes, please complete the table. Program Use of Program If Submitted El Not aware of program Amount requested $ Payroll Protection ElChose not to apply Program (SBA) ❑ Not eligible E] Submitted application Amount received $ ❑ Not aware of program Amount requested $ Economic Injury ❑ Chose not to apply Disaster Loan (SBA) ❑ Not eligible El Submitted application Amount received $ ❑ Not aware of program Amount requested $ Economic Injury E] Chose not to apply Disaster Loan Advance (SBA) ❑ Not eligible El Submitted application Amount received $ ❑ Not aware of program Amount requested $ Small Business [I Chose not to apply Emergency Loan (DEED) El Not eligible ❑ Submitted application Amount received $ E] Not aware of program Small Business Amount requested $ Loan Guarantee ❑ Chose not to apply (DEED) ❑ Not eligible El Submitted application Amount received $ Have you received any other financial assistance related to COVID-19? ❑ Yes ❑ No If Yes, please describe. Grant Application Page 4 Page 38 of 40 Certification By signing below, I certify that: 1. I have read the Grant Program Description and I agree to abide by all of the terms and conditions of the Program. 2. Grant funds will only be spent on the eligible activities described in this application and I will provide a report to the CITY on the use of grant funds no later than October 31, 2020. 3. The information provided in this application and in any supporting material that accompanies this application is true and complete to the best of my knowledge. 4. The CITY and its staff have the right to verify any information contained in this application, including credit reports on the individuals and the business, and may contact any individuals and institutions involved with the proposed project. Signature: Date: _ Printed Name: Title: Completed applications must be submitted via email to eajohnson@cityofoakparkheights.com no later than 5:00 PM CDT on May 22, 2020. Only complete grant applications will be considered for funding. Grant Application Page 5 Page 39 of 40 • • INTERNAL USE ONLY Application Number: Application Received Date: Time: Applicant is not delinquent on any City fees or charges. ❑ Yes ❑ No Comments Applicant is registered with Minnesota Secretary of State. ❑ Yes ❑ No Comments Amount requested: $ Amount awarded: $ Date notified of award: Date grant funds disbursed: Date report received: Grant Application Page 6 Page 40 of 40