2014-07-01 Council PacketCITY OF MENDOTA HEIGHTS
CITY COUNCIL AGENDA
July 1, 2014 — 7:00 pm
Mendota Heights City Hall
1. Call to Order
2. Roll Call
3. Pledge of Allegiance
4. Adopt Agenda
5. Consent Agenda
a. Approval of June 17, 2014 City Council Minutes
b. Acknowledgement of June 10, 2014 Park and Recreation Commission Minutes
c. Acknowledgement of June 24, 2014 Planning Commission Minutes
d. Receipt of May 2014 Par 3 Report
e. Approval of Resolution 2014-40 Municipal State Aid Street Designation Revisions
f. Approval of Personnel Action Report
g. Approval of Out of State Travel for Police Officer Background Checks
h. Approval of Resolution 2014-41 Authorization to Order Feasibility Report for Kensington
Neighborhood Street Rehabilitation
i. Approval of Emergency Purchase Order for Interstate Valley Creek Trail Culvert Repair
j. Receipt of May Treasurer's Report
k. Approval of Claims List
I. Approval of Contractors List
6. Public Comments
7. New and Unfinished Business
a. Notice of Intent to Consider Gas and Electric Utility Franchise Fees
b. Planning Case 2014-13, Variance and Wetland Permit Requests, 677 4th Avenue, Ken and
Mary Kay Noack, Resolution 2014-38
c. Planning Case 2014-17, Variance Requests, 1704 Vicki Lane, Ned Rukavina and Leslie
Pilgrim, Resolution 2014-39
8. Community Announcements
9. Council Comments
10. Adjourn
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5a.
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, June 17, 2014
Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota
Heights, Minnesota was held at 7:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights,
Minnesota.
CALL TO ORDER
Mayor Krebsbach called the meeting to order at 7:00 p.m. The following members were present:
Councilmembers Duggan, Povolny, and Petschel. Councilmember Norton arrived at 7:01 p.m.
PLEDGE OF ALLEGIANCE
Council, the audience, and staff recited the Pledge of Allegiance.
AGENDA ADOPTION
Mayor Krebsbach presented the agenda for adoption
agenda.
Councilmember Povolny seconded the motion.
Ayes: 4
Nays: 0
Absent: 1 (Norton)
Councilmember Duggan moved adoption of the
CONSENT CALENDAR
Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and
approval. Councilmember Povolny moved approval of the consent calendar as presented and
authorization for execution of any necessary documents contained therein, pulling items a.)Approval of
May 29, 2014 City Council Workshop Minutes, c.)Acknowledgement of May 13, 2014 Park and
Recreation Commission Minutes, g.)Approval of Resolution 2014-34, Establishment of Absentee Ballot
Board, i.)Approval of Resolution 2014-36, Accept Donations for 5K and Parks Celebration, and
1.)Receipt of May 2014 Building Activity Report.
a. Approval of May 29, 2014 City Council Workshop Minutes
b. Approval of June 3, 2014 City Council Minutes
c. Acknowledgement of May 13, 2014 Park and Recreation Commission Minutes
d. Acknowledgement of June 11, 2014 Airport Relations Commission Minutes
e. Approval of Personnel Action Report
f. Approval of Massage Therapist License Renewals
g. Approval of Resolution 2014-34, Establishment of Absentee Ballot Board
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h. Approval of Resolution 2014-35, Appointment of Election Judges
i. Approval of Resolution 2014-36, Accept Donations for 5K and Parks Celebration
j. Approval of Resolution 2014-37, Authorization to Bid Plans and Specifications for I -35E and Marie
Avenue Storm Drainage Improvement Project
k. Approval of City Sign Retro -Reflectivity Policy
1. Receipt of May 2014 Building Activity Report
m. Approval of Claims List
n. Approval of Contractors List
Councilmember Duggan seconded the motion.
Ayes: 5
Nays: 0
PULLED CONSENT AGENDA ITEM
A) APPROVAL OF MAY 29, 2014 CITY COUNCIL WORKSHOP MINUTES
In regards to the gas and electric franchise fees discussion that was part of the City Council Workshop,
Councilmember Duggan suggested the Council add a sunset to this, if adopted in the future.
Councilmember Duggan moved APPROVAL OF MAY 29, 2014 CITY COUNCIL WORKSHOP
MINUTES.
Councilmember Norton seconded the motion.
Ayes: 5
Nays: 0
C) ACKNOWLEDGEMENT OF MAY 13, 2014
PARK AND RECREATION COMMISSION MINUTES
Councilmember Duggan asked if these minutes were reviewed at a previous meeting as they seemed to
be familiar to him. City Administrator Justin Miller reminded the Council that they tabled the May 13,
2014 Park and Recreation Commission minutes to allow the Commission time to expand on them, in
particular the discussions on dog parks. Recreation Program Coordinator Sloan Wallgren did return the
minutes to the Commission, however, they did not have any additions.
Councilmember Norton moved ACKNOWLEDGEMENT OF MAY 13, 2014 PARK AND
RECREATION COMMISSION MINUTES.
Councilmember Duggan seconded the motion.
Ayes: 5
Nays: 0
G) APPROVAL OF RESOLUTION 2014-34
ESTABLISHMENT OF ABSENTEE BALLOT BOARD
City Clerk Lorri Smith explained that the purpose of this resolution was to reiterate the establishment of
the Absentee Ballot Board to perform the duties as prescribed in Minnesota Statutes 203B.121. This
resolution would also delegate the Dakota County Absentee Ballot Board the duty of duplicating
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military and overseas absentee ballots that they receive. The Dakota County Absentee Ballot Board
would send out those ballots and receive them back. The majority of military and overseas ballots are
returned on paper that cannot be scanned by the ballot tabulators. Therefore, the votes cast must be
duplicated to an official ballot that can be scanned with other ballots for that precinct. Allowing the
Dakota County Absentee Ballot Board to duplicate these ballots will result in more efficiencies and
more accurate processing.
Councilmember Petschel commented that she believes this to be important to ensure that the votes of our
service men and women are counted.
Councilmember Petschel moved APPROVAL OF RESOLUTION 2014-34, ESTABLISHMENT OF
ABSENTEE BALLOT BOARD.
Councilmember Duggan seconded the motion.
Ayes: 5
Nays: 0
I) APPROVAL OF RESOLUTION 2014-36
ACCEPT DONATIONS FOR 5K AND PARKS CELEBRATION
Councilmember Duggan asked if staff has this information on the website and would they be creating a
public display as in the past.
Mayor Krebsbach commended Chief of Police Michael Aschenbrener, Sergeant Neil Garlock, and
Officer Larrive for organizing this excellent event.
Chief of Police Michael Aschenbrener replied that the information would go up on the website and in
the lobby at City Hall after approval of this resolution. He also explained that the total amount raised in
prizes for the 5K was $11,131.74, for the Park Celebration $4,150 worth of items were donated, the City
will donate $8,280.29 to Special Olympics, and above that, $2,725 was received in checks made out
directly to Special Olympics Minnesota.
Councilmember Duggan moved to adopt RESOLUTION 2014-36 ACKNOWLEDGING THE
RECEIPT OF THE GIFTS TO THE 5K AND PARKS CELEBRATION and authorize a check to
Special Olympics Minnesota for $8,280.29.
Councilmember Povolny seconded the motion.
Ayes: 5
Nays: 0
L) RECEIPT OF MAY 2014 BUILDING ACTIVITY REPORT
Councilmember Duggan noted that when comparing 2013 to 2014 actuals, there is an approximate 22%
decrease in revenue and said this is an area that the City needs to pay attention to.
City Administrator Justin Miller replied that Councilmember Duggan is correct, however a significant
number of building permits have come in since this report was compiled. It is staffs estimation that the
City would be significantly above last year's numbers by the end of the summer.
page 5
Councilmember Duggan moved to RECEIVE THE MAY 2014 BUILDING ACTIVITY REPORT.
Councilmember Petschel seconded the motion.
Ayes: 5
Nays: 0
PUBLIC COMMENTS
There were no public comments.
PRESENTATIONS
A) REVIEW OF 2013 AUDIT, MATT MAYER, KERN, DEWENTER, VIERE
Mr. Matt Mayer of Kern DeWenter Viere, Ltd. reviewed the Annual Audit Report for 2013, which
included the Annual Report & Basic Financial Statements and the Communications Letter. Mr. Mayer
reported that the numbers presented were materially accurate, a true picture of the City's financial
position, and a true record of the City's transactions for the 2013 fiscal year.
Mr. Mayer also reported that the City had no findings in the Compliance Audit that KDV performed, as
per State Statutes. Again, this is the highest opinion that can be given. Mr. Mayer gave a very high level
overview of the results of the finances for the year, the general fund, and the three enterprise funds.
Mayor Krebsbach asked if KDV believes that the City's current AAA bond rating might be affected. Mr.
Mayer stated he saw no significant changes and sees no reason the rating should be modified.
PUBLIC HEARINGS
A) LIQUOR LICENSE RENEWALS
City Clerk Lorri Smith explained that renewal applications and required documentation have been
received, background investigations have been conducted with no negative findings, and no liquor law
violations have been received within the past year for the following licensees:
Intoxicating Liquor and Sunday Liquor Licenses - Felipe's LLC dba Teresa's Mexican Restaurant; Haiku
Japanese Bistro Inc. dba Haiku Japanese Bistro; Courtyard Management Corp. dba Courtyard by
Marriott
Club Liquor and Sunday Liquor licenses - Mendakota Country Club; Somerset Country Club
Wine Licenses - Mendo Restaurant Group, Inc., dba Mendoberri; Windy City Pizza LLC dba Tommy
Chicago's Pizzeria; CEC Food and Beverage LLC, dba LeCordon Bleu
Off -Sale Liquor Licenses - MapleTree Mendota Retail LLC dba The Wine Market; Poopha Inc. dba
Mendota Liquor
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On -Sale 3.2 Malt Liquor Licenses - Mendota Heights Par 3; Mendo Restaurant Group, Inc., dba
Mendoberri; Windy City Pizza LLC dba Tommy Chicago's Pizzeria; CEC Food and Beverage LLC, dba
LeCordon Bleu
Off -Sale 3.2 Malt Liquor Licenses - Northern Tier Retail LLC dba SuperAmerica; Northern Tier Retail
LLC dba SuperAmerica
Mayor Krebsbach opened the public hearing. Seeing no one coming forward, Councilmember Duggan
moved to close the public hearing.
Councilmember Petschel seconded the motion.
Ayes: 5
Nays: 0
Councilmember Povolny moved to approve the issuance of the license renewals as listed above for the
period of July 1, 2014 through June 30, 2015.
Councilmember Duggan seconded the motion.
Ayes: 5
Nays: 0
NEW AND UNFINISHED BUSINESS
A) TIME EXTENSION AMENDMENT TO DEVELOPMENT CONTRACT FOR LEMAY SHORES
Planner Nolan Wall gave a brief background of the 2007 Development Agreement for the Lemay Shores
Development and noted that it has been extended a number of times, most recently in 2011. The
developer has requested another extension until December 31, 2014 to allow them to formalize a
transition to a national builder as a new developer. Staff has no issues with the extension and noted that
the developer's agreement would be brought back at a future date, once the transition has been finalized,
for some additional changes.
Planner Wall summarized the substantive changes to the document as:
• References to City staff
• Dates that were included in the exhibits that were updated
• Section 8.1d —which allows the extension to acquire the property to the end of 2014
Councilmembers asked questions regarding the look and feel of the proposed development being the
same as originally planned.
Councilmember Duggan moved to APPROVE THE AMENDED AND RESTATED CONTRACT FOR
PRIVATE DEVELOPMENT AND AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE
THE AMENDED CONTRACT.
Councilmember Norton seconded the motion.
Ayes: 5
Nays: 0
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B. DISCUSSION OF PARK AND RECREATION COMMISSION
DOG PARK RECOMMENDATIONS
Recreation Program Coordinator Sloan Wallgren gave a brief background and update on the dog park
discussion that was before the Park and Recreation Commission and the Council. The Commission
recommended that a dog park not be built in the city at this time, made a motion recommending that the
Council reconsider allowing dogs to be off -leash inside of the hockey rinks at Marie Park and
Wentworth Park, and they asked staff to gather more information about the new dog park being built at
Lilydale Regional Park.
During the May 29 Council Workshop, it appeared that the consensus of the Council was to accept the
recommendation of the Parks Commission to not build a dog park, but also not to allow dogs to be off -
leash within the hockey rinks or any parks within the city of Mendota Heights.
Staff spoke with the City of St. Paul and determined that they do not have a timeline on when their park
project at Lilydale Regional Park would be completed or what the next phase of that project would be.
Conversations will continue. Mayor Krebsbach commented that she does not believe the City would
need to contribute financially to St. Paul's dog park. Mr. Wallgren confirmed that no financial
discussions have occurred in relation to St. Paul's dog park.
Councilmembers asked questions regarding the police patrolling the hockey arenas to discourage use by
dog owners, and they made clarifying comments on the original request.
Councilmember Petschel requested that, at a future workshop meeting, the Council consider a policy to
not allow dog parks next to children's play areas or residences. She also assured residents that the City
will continue to work with the City of St. Paul regarding the potential dog park in Lilydale Regional
Park and will update the residents as the project develops.
COMMUNITY ANNOUNCEMENTS
Assistant to the City Administrator Tamara Schutta made the following announcements:
• The Village Free Concert Series — Pat Donahue at Market Square, June 18, 6:30 p.m.
• Cliff Timm Memorial Fishing Derby, June 18, 5:30 p.m. at Rogers Lake Fishing Pier.
• Summer Playground Programs: Week 3 is "Sports, Sports, and Sports! No programs the week of
July 4th
• Youth Field Trip — Como Park/Paintball, June 19; Crystal Caves, June 26
• MnDOT anticipates opening Highway 13 on June 18
• 2014 Clean-up Day Final Numbers -2,380 lbs. appliances, 6,840 lbs. electronics, 6,660 lbs. scrap
metal, 78 mattresses, 35 bikes, 12,180 lbs. trash
• Police and Reserve Officers will be watching for kids wearing their helmets while biking, riding
scooters, skateboarding, or in-line skating. Each one will receive an "I Got Caught" Dairy Queen
certificate.
page 8
COUNCIL COMMENTS
Councilmember Petschel noted that in the Sunday Pioneer Press they published a list of the students
from Henry Sibley, St. Thomas Academy, and Visitation who were graduating at the top of their classes.
What she found most interesting was where they are all going. The two biggest recipients of these
outstanding graduating students are Notre Dame and University of Wisconsin -Madison.
She noted that Gertens is currently accepting yard waste at half off the regular cost.
The Airport Relations Commission meeting was televised on Wednesday, June 11, with the MAC staff.
With the recent heavy rains, Councilmember Povolny reminded residents to clean out their downspouts
and make sure the grade around their home slopes away to prevent flooding in their basements.
Councilmember Duggan commented that a month ago, he impugned School District 197 when he stated
that they were not in compliance with Mendota Heights' requirements regarding parking provisions. He
noted that he was wrong and has extended his apologies to the district, to the superintendent, and to Mr.
Mark Spurr.
He encouraged residents to go on the City's website as there is a lot of information there.
He also noted that an Artisan Home is located in Mendota Heights, which he toured and enjoyed.
Mayor Krebsbach stated that her daughter, Katie, is getting mairied at the end of June.
ADJOURN
Councilmember Duggan moved to adjourn.
Councilmember Petschel seconded the motion.
Ayes: 5
Nays: 0
Mayor Krebsbach adjourned the meeting at 8:03 p.m.
Sandra Krebsbach
Mayor
ATTEST:
Lorri Smith
City Clerk
page 9
5b.
CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA
PARKS AND RECREATION MEETING
June 10, 2014
The June meeting of the Mendota Heights Parks and Recreation Commission was held on Tuesday,
June 10, 2014 at Mendota Heights City Hall, 1101 Victoria Curve.
Chair Hinderscheid called to order the parks and recreation commission meeting at 6:30 p.m. The
following commissioners were present: Chair Hinderscheid, Commissioners Jack Evans, Ira Kipp,
Joel Paper and Michael Toth. Staff present: Recreation Program Coordinator Sloan Wallgren.
Approval of Agenda
Chair Hinderscheid add three items for discussion to the agenda. The first item added was funding
for future park projects, the second was concerns, and the last item added to the agenda was log of
projects. Commissioner Paper wanted to add parks maintenance to the agenda.
COMMISSIONER TOTH MADE A MOTION TO APPROVE THE AGENDA; COMMISSIONER
EVANS SECONDED THE MOTION.
AYES 5: NAYS 0
Approval of Minutes of May 13, 2014
COMMISSIONER EVANS MADE A MOTION TO APPROVE THE MINUTES;
COMMISSIONER TOTH SECONDED THE MOTION.
AYES 5: NAYS 0
Mendota Heights Athletic Association
Dan Novak and John Masica from the Mendota Heights Athletic Association asked the commission
to consider getting rid of adult softball at Mendakota Park on Tuesday and Thursday nights.
MHAA has seen an increase in the number of participants in both softball and baseball. The
Mendota Heights Athletic Association did use fields in West St. Paul, but those fields are now
closed and they do not know if they will have access to them in the future. They would like to
have more access to the fields at Mendakota Park, because they believe: it is the premier facility in
town, families can have kids at multiple age groups playing at the same facility, and it helps to
create a better sense of community.
Mr. Wallgren said that more information was needed before any decision could be made. Mr.
Wallgren said that the commission should take a look at the number of participants in the programs
versus the number of residents in the programs.
page 10
Future Dog Park Locations
Mr. Wallgren update the commission on the dog park topic. He informed the commission that at
this time the council will not be building a dog park. The council also will not be allowing dog off -
leash in the hockey areas. Staff will continue to communicate with the city of St. Paul about the
dog park that is planned to be built at Lilydale Regional Park.
Recreation Programming Report
Mr. Wallgren informed the commission that registration for summer programs has been going well.
Many of the programs and camps are approaching the maximum capacity. He also informed the
commission that many of the shelters at the parks have been rented out for the weekends in June,
but we still have many open dates and anyone interested in renting a shelter should contact city hall.
Mr. Wallgren informed the commission that the Parks Celebration had taken place last weekend on
June 7th, and even though it was rainy people came out and had a good time. He thanked all of the
sponsors and everyone that helped make the event possible.
Mr. Wallgren thanked the Boy Scouts and Mendota Elementary for helping with the Bike Rodeo on
May 31St. The event was well attended and we are hoping to improve on it for next year.
Par 3 Report
Mr. Wallgren informed the commission that the golf course had a good finish to the month of May.
All of our leagues have now started, and we have seen an increase in the number of members of all
leagues. The golf course offers Junior Golf Camps almost every week during the summer, please
contact city hall to register for a camp.
The golf course is in great condition right now and we have received many positive comments.
Staff is looking into purchasing a bunker rake, which will help eliminate the weeds in the bunker
and make them better looking.
Total sales for the month of May were $21,650 and total expenses were $15,832. Total sales year
to date are $41,685 and expenses are $41,496 resulting in a net profit of $189. Mr. Wallgren said
that these numbers include materials and parts for the remodel of the clubhouse. These numbers
will be adjusted once we receive payment form the insurance company.
Announcements
Mr. Wallgren announced that the school district will be hosting the Truck & Travel event at Sibley
High School in June 13, 2014 from 6:00p.m. to 7:30p.m. The free event should be fun for people
of all ages.
Mr. Wallgren also announced that there is still space available in the Cliff Timm Fishing Derby
being held June 18th, 2014 at Rogers Lake Park from 5:30p.m. to 7:00p.m. The cost of the event is
$9 and is open to all youth under the age of 14.
Future Funding
Chair Hinderscheid asked Mr. Wallgren to give any information about future funding for the
Special Parks Fund. Mr.Wallgren stated that at the city council workshop on May 29, 2014 the
council discussed a way to fund the Special Parks Fund and that he would keep the commission
updated on the process.
page 11
Concerns
Chair Hinderscheid apologized for making a motion to allow dogs off -leash in the hockey areas.
This item was not on the agenda and citizens should have been made aware of the issue so that have
a chance to speak for or against this issue.
Projects and Past Motions
Chair Hinderscheid provided the commission with a list of projects and motions that have taken
place during the past year.
Park Maintenance
Commissioner Paper congratulated Terry Blum on being promoted to Public Works
Superintendent. Commissioner Paper also wanted to make sure that the Parks Staff got extra help
if they needed it. Mr. Wallgren informed that commission that it would be a while before the Parks
Staff was back to 3 full time employees, but he believed that they were going to hire a couple of
extra part time seasonal employees to make it through the summer.
Commission Comments
Commissioner Kipp reminded people that this is no fishing on the north side of the S curve along
Wagon Wheel, he would also like to see a sign posted there.
Commissioner Toth thought it was a good meeting and would like to see if we can get a trash can
placed at the S curve on Wagon Wheel.
Commissioner Evans thanks Chair Hinderscheid for providing a list of the current projects and a
history of motions passes.
Commissioner Paper thought it was a good meeting and thanked MHAA representatives for
attending the meeting.
Chair Hinderscheid also thanked MHAA for attending the meeting and thought it was a good
meeting.
COMMISSIONER PAPER MADE A MOTION TO ADJOUN THE MEETING; COMMISSIONER
TOTH SECONDED THE MOTION.
Ayes 5: Nays 0
The meeting adjourned at 7:30 p.m. Respectfully Submitted by Sloan Wallgren
page 12
5c.
DATE: July 1, 2014
TO: Mayor and City Council, City Administrator
FROM: Lorri Smith, City Clerk
SUBJECT: Planning Commission Minutes
The Planning Commission minutes will be emailed to you on Tuesday, July 1St, before
the meeting.
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
PLANNING COMMISSON MINUTES
June 24, 2014
The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, June 24,
2014, in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M.
The following Commissioners were present: Chair Litton Field, Jr., Commissioners Howard
Roston, Michael Noonan, Doug Hennes, Mary Magnuson, and Ansis Viksnins. Those absent:
Robin Hennesey. Others present were Planner Nolan Wall and Public Works Director/City
Engineer John Mazzitello.
Approval ofA,-enda
The agenda was approved as submitted.
Approval ofMay 27, 2014 Minutes
COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER HENNES, TO
APPROVE THE MINUTES OF MAY 27, 2014, AS PRESENTED.
AYES: 6
NAYS: 0
ABSENT: 1
Hearings
PLANNING CASE #2014-13
Ken and Mary Kay Noack, 677 — 4th Avenue
Subdivision Request for a Lot Split, Lot Width and Detached Garage Size Variances, and Wetlands
Permit
Planner Nolan Wall reminded the Commissioners that this is a continuation of the public hearing
that was opened at the last Planning Commission meeting. New notices for tonight's meeting for
this discussion topic were published and mailed.
The applicant submitted a revised survey and an amended application package for consideration.
Planner Wall then highlighted the changes from last month and the Standards of Review applicable
to the variance requests.
Staff recommended denial of the proposed subdivision and lot width variance requests. Being
dependent on those requests being approved, staff recommended denial of the detached garage
size variance and wetlands permit requests as well.
June 24, 2014 Mendota Heights Planning Commission Meeting—DRAFT Page I
Commissioners asked questions regarding the need for the variance request for the placement of
the current accessory structure no matter how the lot is split, the length of the current lot frontage,
discussions had with the applicant and the recommendations of staff proposed at the last meeting,
lot frontage lengths in the neighborhood, when the detached garage was constructed [before or
after the change in the frontage length requirement], and what could be proposed to make the lots
compliant.
Mr. Ken Noack was present and explained his reasons for the requests. He also answered questions
from the Commissioners regarding the replacement of the current garage to enable the lot to be
split in compliance, history of the lot, location of rights-of-way, and other options.
Chair Field opened the public hearing.
Mr. Jeff Closmore, 1527 Vandall, was in support of this application and questioned the Findings
of Fact for denial of the request. He noted that he grew up in the same neighborhood and that the
garage in question has always been where it currently is. The garage has become a fixture in the
area, has always been well maintained, and adds flavor to the neighborhood.
Mr. Dean Verdoes, 1509 Dodd Road, stated that he personally would be very happy to see a house
on the proposed lot. The property has always been perfectly maintained and he would be very
comfortable with a house on that site.
Chair Field asked for a motion to close the public hearing.
COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER ROSTON, TO
CLOSE THE PUBLIC HEARING.
AYES: 6
NAYS: 0
ABSENT: 1
Commissioner Viksnins noted that he was struggling with the language that the `practical
difficulties cannot be created by the applicant or based on economic considerations' and how to
get around what appears to be an economic consideration that they are not supposed to take into
account.
Commissioner Roston agreed with Commissioner Viksnins comment and believed the
Commission was in an unfortunate position of being stuck with the rules that they had and their
job was to apply the rules. If the City Council wishes to make a different decision they can but the
Commission would need to examine the rules and make a recommendation.
Commissioner Magnuson asked if the side lines being perpendicular were a requirement of the
code or a preference. Planner Wall replied that it is a requirement of the code.
Commissioner Hennes asked if staff had taken into consideration that there are many lots in the
area having less than 100 feet of frontage. Planner Wall replied that staff had taken that into
June 24, 2014 Mendota Heights Planning Commission Meeting—DRAFT Page 2
consideration and they tried to present objective findings for both sides of the argument.
Discussions were had with the applicant and other options explored; however, it had been an issue
that was raised with the location and size of the existing detached garage that there would be
problems with the code.
Commissioner Roston noted that if there is a neighborhood that has this characteristic, the question
should be if there should be another residential zoning district with another set of standards. There
are communities that have multiple residential zoning districts.
COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER ROSTON, TO
RECOMMEND DENIAL OF THE PROPOSED SUBDIVISION, LOT WIDTH VARIANCE,
DETACHED GARAGE SIZE VARIANCE, AND WETLANDS PERMIT REQUESTS BASED
ON THE FOLLOWING FINDINGS OF FACT:
1. The proposed subdivision does not meet the lot width standards and is not in harmony with
the general purposes and intent of the Code.
2. The practical difficulties associated with the lot width variance request are not unique to
the property. They are created by the applicant's desire to maintain the existing detached
garage on Parcel A, which resulted from the required lot combination in order to demolish
the former dwelling on Parcel B.
3. The applicant has other options for subdividing the subject parcel in compliance with the
Code.
4. In order to facilitate a compliant subdivision of the subject parcel and eliminate the need
for the variance requests, the existing detached garage can be demolished and reconstructed
on Parcel A in compliance with the Code requirements.
5. The detached garage size variance and wetlands permit requests are no longer relevant if
the proposed subdivision and lot width variance requests are not approved.
Commissioner Viksnins expressed his desire to come up with a creative solution but was currently
unable to do so.
Commissioner Magnuson stated that she was troubled as this was a family property that had been
in the family for many years and it is intended to stay within the family. However, they seem to be
caught up here on some code requirements that just do not fit the situation. She does not have a
creative solution around it but wished something could be done that would permit this to happen
so that these folks are not required to tear down a garage that has been there since 1962 or not
subdivide the property so the family can all live in one area.
AYES: 4
NAYS: 2
ABSENT: 1
Chair Field advised the City Council would consider this application at its July 1, 2014 meeting.
June 24, 2014 Mendota Heights Planning Commission Meeting—DRAFT Page 3
PLANNING CASE #2014-17
Ned Rukavina and Leslie Pilgrim, 1704 Vicki Lane
Front and Side Yard Setback Variance Requests
Planner Nolan Wall presented that staff report and explained that the applicant requested variances
from the front and side yard setback standards to construct an addition to their single family
dwelling. The subject parcel is .48 acres, contains a dwelling and a two -car attached garage with
cul-de-sac frontage. The property is zoned R -I and guided for low density residential development.
The applicant intended to construct an addition to enlarge the garage with an additional stall, add
a mud room and small studio, and remodel the kitchen.
The existing dwelling, including the existing attached garage, is within the required setbacks for
this district. The addition would encroach eleven feet at its greatest dimension into the front yard
setback and would encroach five feet at its greatest dimension into the side yard setback. The entire
addition would encroach approximately 222 square feet into both required setback areas and would
extend the existing structure as much as fifteen feet closer to the street.
The subject parcels location on a cul-de-sac does cause a curvilinear front yard setback line, which
according to the applicant makes square structures difficult to fit on the lots. The proposed site
plan also indicates an expanded driveway within two feet of the property line. The code does
require a five foot setback from side lot lines, which would require an additional variance if an
alternate design could not be accomplished.
Planner Wall then explained the Standards of Review that would apply to this application.
Staff recommended denial of the variance requests for construction of the proposed addition within
the required front and side yard setbacks.
Commissioners asked questions regarding the nature of the application and why the variance for
the driveway was not included.
Mr. Ned Rukavina was present to explain his request and to answer questions from the
Commission.
Chair Field opened the public hearing.
Seeing no one coming forward wishing to speak, Chair Field asked for a motion to close the public
hearing.
COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER ROSTON, TO
CLOSE THE PUBLIC HEARING.
AYES: 6
NAYS: 0
ABSENT: 1
June 24, 2014 Mendota Heights Planning Commission Meeting—DRAFT Page 4
Commissioner Roston commented that he was not unsympathetic to the desire to not block
windows and to have a third car stall; however, given where the ordinance is and what the rules
are for variances he did not see any way to reconcile this request with the language they have to
apply.
Commissioners Viksnins agreed with these comments.
Commissioner Magnuson stated that she believed this applicant to be different than the one before
in that this one probably has a solution even if unacceptable to the applicant. However, she is
unaware of how to get over the hurdle of the variance requirement when there seems to be possible
design solutions that are available.
COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER NOONAN, TO
RECOMMEND DENIAL OF THE VARIANCE REQUESTS FOR CONSTRUCTION OF AN
ADDITION WITHIN THE REQUIRED FRONT AND SIDE YARD SETBACKS, BASED ON
THE FOLLOWING FINDINGS OF FACT:
1. The proposed dwelling and garage addition's encroachment into the required front and side
yard setbacks is inconsistent with the intent of the Code to promote green space, preserve
adequate drainage and utility easement corridors, and allow for adequate buffering between
structures.
2. An addition to accommodate another garage stall may be accomplished without the need
for a setback variance.
3. While inconvenient or less desirable, an addition to expand the existing dwelling could be
accomplished by expanding other portions of the dwelling without the need for a variance.
4. The proposed encroachments into the required setback areas constitute an unreasonable
use of the setback area and will substantially increase the footprint of the structure towards
the street, both of which are out of character for the neighborhood.
AYES: 6
NAYS: 0
ABSENT: 1
Chair Field advised the City Council would consider this application at its July 1, 2014 meeting.
Mississippi River Corridor Critical Area —DRAFT Rules Update
Chair Field noted that the Commissioners received a copy of the Mississippi River Corridor
Critical Area — DRAFT Rules Update and a copy of the map.
Planner Wall introduced the materials for discussion and for questions. He also noted that staff
had some proposed changes and wished to collaborate with the Commission on those proposed
changes, and how this critical area rules may impact properties currently in existence and future
development within the critical area.
June 24, 2014 Mendota Heights Planning Commission Meeting—DRAFT Page 5
Verbal Review
Planner Wall gave the following verbal review:
PLANNING CASE #2014-16
SAC Wireless on behalf of AT&T and the Ridge South Condominium Association
1860 Eagle Ridge Drive
Conditional Use Permit and Variance for a wireless antenna facility
• Approved by the City Council as recommended by the Planning Commission
PLANNING CASE #2014-14
Michael and Michelle Bader
Concept Planned Unit Development Plan
• Discussed by the City Council and no action was taken
StaffAnnouncements
June 17 City Council Meeting — an extension to the development agreement for the Lemay
Shores Development was approved. That extension would go through the end of the year.
Topics for the July 22, 2014 Planning Commission meeting:
o Mississippi River Corridor Critical Area Discussion
o Information regarding some potential code amendments
City Council did consider institutional zoning at their workshop meeting and will continue to
discuss the preferred route — additional amendments in the current zoning ordinance or the
establishment of an entirely new institutional zoning district, both of which would be lengthy
processes.
Chair Field reminded the Commissioners and staff to keep in mind that any solutions they may
present to an applicant does not necessarily mean that suggestion would be approved — or even be
allowed to be approved.
COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER ROSTON, TO
ADJOURN THE MEETING AT 8:26 P.M.
AYES: 6
NAYS: 0
ABSENT: 1
June 24, 2014 Mendota Heights Planning Commission Meeting—DRAFT Page 6
page 13
5d.
1101 Victoria Curve I Menhoca 9eig ts, MN 55118
651.452.1850 phone 1 651.452.8940 fax
www.mendota-heights.com
of
IPP—
{CITY OF MJ
MENDDTA HEIGHTS
DATE: July 1, 2014
TO: Mayor and City Council
FROM: Sloan Wallgren, Recreation Program Coordinator
SUBJECT: Par 3 Update
Update
The golf course finished the month of May on a good note. The weather was very cooperative
and we had a very successful final 8 days in the month. All of our leagues are up and running
now. We have seen an increase in our Women's League, Junior Golf Camps and Junior Golf
Leagues. The largest increase is in our Women's League which went from 45 players last year
to 75 players this year.
Maintenance Update
The golf course is in great condition right now, we have received many positive comments. Staff
is looking to the possibilities to purchasing a bunker rake, which will help keep the sand trap
looking nice and reduce the amount of weeds that grow in the sand. Staff is searching trying to
find this piece of equipment for under $1,500.
Budget
Total sales for the month of May were $21,650 and total expenses were $15,832. Total sales for
the year through May are $41,685 and expenses are $41,496 resulting in a net profit of $189 year
to date. These figures include materials and parts for the remodel of the clubhouse. These
numbers will be adjusted once we receive payment from the insurance company.
page 14
MENDOTA HEIGHTS PAR 3
BUDGET TO ACTUAL REPORT
May 2014 (41.66% OF YEAR)
REVENUES
MAY
YTD
YTD
BUDGET
2014
2014
%
GREENS, LEAGUE & TOURN FEES
$105,000
$13,835
$17,426
16.60%
RECREATION PROGRAMS
$35,000
$6,138
$21,969
62.77%
CONCESSIONS
$21,000
$1,676
$2,291
10.91%
SUNDRY REVENUE
$100
$0
$0
0.00%
INTEREST
$250
$0
$0
0.00%
CAPITAL CONTRIBUTIONS
$0
$0
$0
0.00%
PAR 3 FUND REVENUE TOTAL
$161,350
$21,650
$41,685
25.84%
EXPENDITURES
MAY
YTD
YTD
BUDGET
2014
2014
%
CLUBHOUSE SALARIES
$32,700
$1,039
$1,039
3.18%
ADMINISTRATIVE SALARIES
$24,021
$1,861
$9,999
41.62%
FICA/PERA
$8,844
$517
$1,390
15.72%
MEDICAL INSURANCE
$7,144
$490
$2,448
34.27%
U/E & W/C INSURANCE
$6,100
$833
$1,236
20.25%
RENTALS
$1,500
$0
$0
0.00%
UTILITIES
$9,800
$689
$2,397
24.46%
PROFESSIONAL FEES - AUDIT
$2,425
$0
$0
0.00%
PROF FEES - CONSULTING FEES
$900
$972
$1,520
168.86%
PROF FEES - GROUNDS MGMT
$8,000
$2,000
$3,000
37.50%
PROF FEES - GROUNDS WAGES
$18,000
$883
$1,860
10.34%
PROF FEES - TREE MAINTENANCE
$500
$0
$0
0.00%
ADVERTISING/NEWSLETTER
$600
$104
$205
34.23%
LIABILITY/AUTO INSURANCE
$3,450
$0
$2,961
85.81%
OPERATING COSTS/SUPPLIES
$7,200
$5
$17
0.23%
FUEL
$2,000
$200
$382
19.09%
REPAIRS & MAINTENANCE
$15,000
$380
$1,833
12.22%
SUNDRY/DUES/MILEAGE/CLOTHING
$1,700
$333
$1,385
81.49%
CONTINGENCY
$0
$5,325
$9,359
0.00%
ONLINE REG & CREDIT CARD FEES
$2,750
$200
$465
0.00%
PAR 3 EXPENDITURES TOTAL
$152,634
$15,832
$41,496
27.19%
page 15
5e.
1101 Victoria Curve I Mendota he 118
651.452.1850 phone 1 651.452.8940 fax
www.mendota-heights.com ,
TO: Mayor, City Council, and City Administrator
FROM: Ryan Ruzek, PE, Assistant City Engineer
SUBJECT: System revisions to Mendota Heights Municipal State Aid (MSA) designations
BACKGROUND
Engineering staff has been working with the Minnesota Department of Transportation (MNDOT)
on revising streets currently being designated as MSA. These revisions are necessary due to rule
changes which has left Mendota Heights having an overage of 0.17 miles. Lexington Avenue, a
County Road, has historically been designated as a MSA street and can be revoked from the city
system. There are three road segments city staff would desire to designate as MSA for future
funding of rehabilitation projects and to maximize the city's allocation of funds. Frontage roads
still not designated are Victoria Road (Marie Ave to Lexington), Centre Point Curve and Dakota
Drive. Staff is proposing to revoke Lexington Avenue and add Victoria Road at this time. In
next year's cycle of revisions staff will attempt to designate the remaining streets.
BUDGET IMPACT
Funding for MSA streets is based on city population, total street mileage and Average Annual
Daily Traffic (AADT). The proposed changes should only have a minor impact on Mendota
Heights annual allocation.
RECOMMENDATION
If City Council wishes to implement the recommendation, pass a motion adopting Resolution
No. 2014-40, RESOLUTION ESTABLISHING AND REVOKING MUNICIPAL STATE AID
STREETS. This action requires a simple majority vote.
page 16
City of Mendota Heights
Dakota County, Minnesota
RESOLUTION NO. 2014 - 40
RESOLUTION ESTABLISHING AND REVOKING MUNICIPAL STATE AID STREETS
WHEREAS, it appears to the City Council of the City of Mendota Heights that the street
hereinafter described should be designated Municipal State Aid Street under the provisions of
Minnesota Law:
MSAS XXX* Victoria Road — Marie Avenue to Lexington Avenue (CSAH 43), 0.90 miles.
* MnDOT will designate route number upon approval
WHEREAS, it appears to the City Council of the City of Mendota Heights that the street
hereinafter described as a Municipal State Aid street under the provisions of Minnesota Laws should
be revoked:
MSAS 105 Lexington Avenue (CSAH 43) — Mendota Heights Road to Marie Avenue —1.78 miles.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mendota
Heights, Minnesota, that
1. MSAS XXX, Victoria Road, as described above, be and hereby is established, located,
and designated a Municipal State Aid Street of Mendota Heights, subject to the
approval of the Commissioner of Transportation of the State of Minnesota, and
2. MSAS 105, Lexington Avenue, as described above, be and hereby is revoked as a
Municipal State Aid Street of Mendota Heights subject to the approval of the
Commissioner of Transportation of the State of Minnesota.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to
forward two certified copies of this resolution to the Commissioner of Transportation for his
consideration, and that upon his approval of the designation of said road (MSAS XXX Victoria Road),
that same be improved and maintained as a Municipal State Aid Street of the City of Mendota Heights.
Adopted by the City Council of the City of Mendota Heights this first day of July, 2014.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
By
Sandra Krebsbach, Mayor
ATTEST:
Lorri Smith, City Clerk
page 17
5f.
1101 Victoria Curve I Mendotahel 118
651.452.1850 phone 1651.452.8940 fax
www.mendota-heights.com ,
T
CITY OF
MENDOTA HEIGHTS
DATE: July 1, 2014
TO: Mayor, City Council and City Administrator
FROM: Tamara Schutta, Assistant to the City Administrator/HR Coordinator
SUBJECT: Personnel Action Items
Item 1: Authorization Appointment of Public Works Parks Lead
Recently the City Council authorized the promotional process for the Park Lead position. The
position was posted according to the Teamsters Labor Agreement. Public Works Director/City
Engineer John Mazzitello, Public Works Superintendent Terry Blum and I interviewed John
Boland for the Parks Lead position.
It is our pleasure to recommend to you that the city appoint John Boland as the Parks Lead. Mr.
Boland has over 20 years of experience and successful performance with the Mendota Heights
Public Works Department. As the Park Lead, Mr. Boland will oversee maintenance and repair
work in all city parks and public sites.
The Park Lead position wage is $28.75 per hour based on the 2014 — 2015 Teamsters Labor
Agreement.
City staff recommends that city council approve the appointment of John Boland as the Parks
Lead effective Wednesday, July 2, 2014 with wages set at $28.75 per hour per the 2014 — 2015
Teamsters Labor Agreement.
Item 2: Public Works Staffing
Due to the staff changes within the Public Works Department, there is a vacancy within the
Parks Division. The 2014 — 2015 Teamsters Labor Agreement requires the city to post the job
vacancies within the designated bargaining unit for five working days. This gives members of
the bargaining unit to be considered for the vacancy.
Staff is requesting Council authorization to internally post the vacancy for five working days for the
Park Division — Maintenance position. The Park Division Maintenance III position wage is $27.53
per hour based on the 2014 — 2015 Teamsters Labor Agreement.
Item 3: Police Officers Eligibility List
There are currently two vacancies within the Police Department due to the recent retirements.
Earlier this year, the City Council approved the revised the police officer position description
and authorized staff to begin the recruitment process. Staff began the recruitment process in
April. The City received a 118 applications for the police officer position. Thirty-one candidates
page 18
were invited to the writing exercise. After the writing exercise, fifteen candidates were scheduled
for the first round of interviews. The first round of interviews included two interview panels; a
Police Officer panel and a Community panel. Following the first round of interviews, ten
candidates were invited to phase 3 of the hiring process. The ten Police Officer candidates
participated in three scenarios and a writing exercise. From the scenarios, the list was narrowed
to eight candidates for the final interview. Police Chief Mike Aschenbrener, Sergeant Eric
Petersen, City Administrator Justin Miller and I interviewed the eight individuals and have
identified the top five candidates.
Staff is seeking council approval to begin the final phases of the process which include a
thorough background investigation, psychological evaluation, and a physical examination
including a drug test. Once the candidates has successfully completed the final phases of the
process they will be presented to council for final approval.
BUDGETIMPACT
As noted above.
RECOMMENDATION
Staff recommends that the Mendota Heights City Council approves the actions requested above
for these three items.
page 19
1101 Victoria Curve I Mendota he 5g 18
651.452.1850 phone 1 651.452.8940 fax
www.mendota-heights.com ,
T
CITY OF
MENDOTA HEIGHTS
DATE: July 1, 2014
TO: Mayor, City Council and Administrator
FROM: Mike Aschenbrener, Chief of Police
SUBJECT: Personnel Action
Out of State Travel — Background investigations
BACKGROUND
On March 18, 2014 the Mendota Heights City Council authorized the creation of an eligibility list
for police officers. The first phase of the process is complete a list has been established and
background packets have been provided to the top two candidates. Upon successful completion
of a background checks a conditional offer will be made to the candidates. This will allow us to
finish the process with a state mandated psychological exam, a drug screen and physical.
It is anticipated you will be presented a candidate(s) for hire in August.
On July 3, 2012 the Mendota Heights City Council passed a resolution updating the "Travel
Authorization and Expense Reimbursement Policy" one of the requirements of the policy is to
seek Council approval at an open meeting in advance of the out of state travel.
In order to complete the background checks on the candidates out of state travel will be required.
Officer Chad Willson and Sergeant Eric Petersen are trained background investigators. It is
anticipated they will need to travel out of state several times to complete the background checks.
The City Administrator will approve any proposed travel in advance.
ACTION
Pass a motion authorizing Sergeant Eric Petersen or Investigator Chad Willson to travel as
necessary, with the City Administrator's approval, to complete background checks.
page 20
5h.
1101 Victoria Curve I Mendota he 118
651.452.1850 phone 1 651.452.8940 fax
www.mendota-heights.com ,
T
CITY OF
MENDOTA HEIGHTS
DATE: June 26, 2014
TO: Mayor, City Council, and City Administrator
FROM: Ryan Ruzek, PE, Assistant City Engineer
Almin Ramic, PE, Project Engineer
SUBJECT: Ordering of Feasibility Report for Kensington Neighborhood Street Rehabilitation
BACKGROUND
The purpose of this memo is to request the council to order a feasibility report for the proposed
2015 street rehabilitation project (see attached map). Staff identified the Kensington
Neighborhood as a good candidate for 2015 street rehabilitation project due to the current road
condition and on the request of the neighborhood association.
The proposed streets to be rehabilitated are Lockwood Drive, Concord Way, Claremont Circle
and Stockbridge Road (from Concord Way to the point of intersection with the pedestrian trail).
Based on our observations as well as our pavement management system, these streets have
deteriorated to the point where it is no longer cost effective to patch the street and rehabilitation
is necessary. Staff has received several telephone inquiries as to when resurfacing will take
place and a letter of request from the Kensington Association management. As a part of
feasibility study staff plans to survey 285 property owners that would be affected by Kensington
Neighborhood Rehabilitation project soliciting their opinions.
The streets have concrete curb and gutters so a street rehabilitation is proposed. Street
rehabilitation typically includes removing and replacing the existing bituminous surface with a
new bituminous surface, curb and gutter repair, and catch basin repair.
BUDGET IMPACT
The preliminary estimate has the total project costs for the Kensington Neighborhood
Improvements at approximately $572,000. The project costs is a rough estimate using 2012
dollar amounts, which will be refined during the budget, feasibility report and bidding process.
Kensington Neighborhood Improvements project is anticipated to be financed by special
assessments, municipal bond sales, and utility funds.
RECOMMENDATION
Staff recommends that council formalize and start the public improvement process by ordering
the preparation of a feasibility report for rehabilitating Lockwood Drive, Concord Way,
Claremont Circle and Stockbridge (from Concord Way to the point of intersection with the
pedestrian trail).
page 21
If city council wishes to implement the staff recommendation, pass a motion adopting A
RESOLUTION ORDERING PREPARATION OF FEASIBILITY REPORT FOR THE
KENSINGTON NEIGHBORHOOD IMPROVEMENTS (PROJECT #201409). This action
requires a simple majority vote.
page 22
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2014-41
A RESOLUTION ORDERING PREPARATION OF FEASIBILITY REPORT FOR THE
KENSINGTON NEIGHBORHOOD INPROVEMENTS
(PROJECT #201409)
WHEREAS, it is proposed to construct improvements on Kensington Neighborhood
Streets (Lockwood Drive, Concord Way, Claremont Circle and Stockbridge Road from Concord
Way to the point of intersection with the pedestrian trail) in Mendota Heights including the
construction of aggregate base, some concrete curb and gutter replacement, bituminous
surfacing, and appurtenant work; and
WHEREAS, this project is identified by the City's staff to be re -constructed based on the
assessment of its current condition and the request of Kensington Home Owners Association;
and
WHEREAS, it is proposed to assess the benefited property for all or a portion of the cost
of the improvements, pursuant to Minnesota Statutes, Chapter 429,
NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council that
the proposed improvements be referred to the City Engineer for study and that he is instructed to
report to the Council with all convenience and speed advising the Council in a preliminary way
as to whether the proposed improvements are necessary, cost-effective and feasible and as to
whether they should best be made as proposed or in connection with other improvements, and
the estimated costs for the improvements as recommended.
Adopted by the City Council of the City of Mendota Heights this First day of July, 2014.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Sandra Krebsbach, Mayor
ATTEST
Lorri Smith, City Clerk
page 24
5i.
1101 Victoria Curve I Mendota Heights
651.452.1850 phone 1 651.452.8940 fax
www.mendota-heights.com
MJCITY OF
MENDDTA HEIGHTS
DATE: July 1, 2014
TO: Mayor, City Council and City Administrator
FROM: John R. Mazzitello, PE, PMP, MBA
Public Works Director/City Engineer
SUBJECT: Emergency Purchase Order for Culvert Replacement — Interstate Valley
Creek Trail
BACKGROUND
On June 19th, the City of Mendota Heights received in excess of 4 inches of rain in a 12 -hour
period. As a result of this rain storm, a drainage culvert under Interstate Valley Creek Trail
between Marie Avenue and Highway 13 failed. The gravel base supporting the culvert was
compromised by the drainage flow that resulted from the intense rainfall. While the culvert
remains reasonably in place and the trail is passable, City staff determined a repair to the culvert
was needed immediately upon its discovery last Thursday afternoon due to the unstable nature of
the culvert base. Based on the emergency and immediate public safety nature of the repair, City
staff has already given the go-ahead to the contractor to repair the culvert.
BUDGET IMPACT
City staff received a cost estimate form Gartzke Construction, Inc. for $11,019.00 to complete
the emergency repair. Gartzke has done a number of projects for the City of Mendota Heights in
the past and Staff is comfortable with their level of expertise and product quality.
RECOMMENDATION
City staff recommends that Council approve, after -the -fact, the purchase order for Gartzke
Construction to complete the emergency repair of the failed storm drainage culvert along
Interstate Valley Creek Trail in the amount of $11,019.00.
CITY OFK0ENDOTAHEIGHTS
TREASURER'S REPORT MAY 2O14
BALANCE COLLATERAL
American Bank
Checking Account .0296 $22.619.36
Savings Account .0296 $E4{0.35
$23,259.71
Collateral -Bonds $1.100.000.00
Gov't. Guar. $250.000.00
Investments
Cost
PV
Saving Cert 7/2Q/ 3@0.20Y6Cherokee
$13.952.59
$13.952.59
FHLB 1.0096O3/27/20
$250.000.00
$350.143.50
FHLK8C1.25Y6O3/2G/21
$300,000.00
$300.771.00
FHLB 1.259612Y14/22
$510.000.88
$518.168.30
FHLB 1.OUY612/38/22
$700.000.00
$699.608.80
FHLB 1.2596O2/22/23
$260.000.00
$260.057.20
FHLB 1.2696 03/27/23
$255.000.00
$254.979.60
FHLB 1.12596OG/20/23
$1.750.000.00
$1.750.700.08
FHLK8C3.O09612/27/23
$250.000.00
$250.062.50
FHLB 2.00964/30/24
$185.000.00
$184.794.65
Goldman Sachs Bank 1.6096 12/08/14
$245.000.00
$245.80425
GE Capital Financial Inc 2.05% 11AK16
$245.000.00
$249.694.20
American Express Cent Bank 2.069612/1/1G
$245.000.00
$249.539.85
GE Capital Retail Bank 2.00967/G/18
$200.800.00
$201.802.00
Sallie Mae Bank 2.O509611/2[V18
$245.000.00
$247.050.65
BMW Bank 2.00Y612/11/18
$245.000.80
$247.337.30
Fidelity Institutional Government Portfolio (Piper)
$1.939.814.29
$1.939.814.20
Gov'LSecurities Fund 2896Sold G/4
$433.187.00
$1.031.000.80
K8K4kt Fd (WF)
$26.740.44
TOTAL FUNDS AVAILABLE 5/31/14
$8.421.954.03
Funds Available 1/1/2O14
$11.334.237.58
Rates Money Marke
May Bank 0.0296
5Yr. Tr. 1.5496
10 Yr. Tr. 2.48%
DATE:
TO:
FROM:
SUBJECT:
U m- "'C"mel g01
Sicnificant Claims
page 26
5k.
1101 Victoria Curve I MendotaHq 5118
651.452,1850 phone 1651.452,8940 fax
mmmendota-heights.com
CITY OF
MENDDTA HEIGHTS
July 1, 2014
Mayor, City Council and City Administrator
Kristen Schabacker, Finance Director lvloY
Claims List Summary
Inver Grove Ford — New Parks Truck $ 34,039.92
Metro Council Environmental Services — July Sewer Service/May SAC $ 88,669.89
A to Z Home Inspections — 5/2-6/6/14 Inspections $ 7,512.50
Dakota County Recorder — Special Assessments Fee/Abstract Recording $ 5,366.00
Emergency Automotive Technologies — New Squad Setup $ 11,272.89
Fire Catt — Testing — Fire Department $ 3,087.05
KDV — Final Audit Billing $ 17,350.00
Mid Northern Services — Lighting Repairs $ 6,737.50
Manual Checks Total $ 166,300.50
System Checks Total $ 113,074.39
Total for the list of claims for the July 1, 2014 city council meeting $ 279,374.89
RECOMMENDATION:
Approval of the list of claims for July 1, 2014.
page 27
CITY OF MENDOTA
HEIGHTS
06/26/14 9:54 AM
Page 1
Claims List
MANUALCHECKS
06/26/14 MAN
Account Comments
DEPT Descr
Amount
Search Name AFFINITY PLUS
G 01-2073 06/20/2014 PAYROLL
$130.00
Search Name AFFINITY PLUS
$130.00
Search Name GOLDCOM
E 01-4305-030-30 VOID CHECK #84532
Fire
-$24.48
Search Name GOLDCOM
-$24.48
Search Name I C M A RETIREMENT 457
G 01-2073 06/20/2014 PAYROLL
$192.00
G 01-2072 06/20/2014 PAYROLL
$483.99
Search Name I C M A RETIREMENT 457
$675.99
Search Name INVER GROVE FORD
E 01-4620-070-70 PARKS TRUCK
Parks & Recreation
$34,039.92
Search Name INVER GROVE FORD
$34,039.92
Search Name METRO COUNCIL ENVIRONMENT SVC
R 15-3615 MAY 2014 SAC
-$24.85
E 15-4449-060-60 JULY 2014 SEWER SERVICE
Utility Enterprise
$86,209.74
R 15-3320 MAY 2014 SAC
$2,485.00
Search Name METRO COUNCIL ENVIRONMENT SVC
$88,669.89
Search Name NATIONWIDE RETIREMENT SOLUTION
G 01-2072 06/20/2014 PAYROLL
$50.00
Search Name NATIONWIDE RETIREMENT SOLUTION
$50.00
Search Name NCPERS GROUP LIFE INS.
G 01-2071 JUNE 2014 PREMIUM
$80.00
G 01-2071 VOID CHECK #84650
-$96.00
Search Name NCPERS GROUP LIFE INS.
-$16.00
Search Name SELECT ACCOUNT
G 01-2071 HSA CONTRIBUTION
$1,903.80
Search Name SELECT ACCOUNT
$1,903.80
Search Name SW/WC SERVICE COOPERATIVES
E 01-4131-050-50 JULY 2014 HEALTH INSURANCE
Road & Bridges
$3,902.50
E 01-4131-070-70 JULY 2014 HEALTH INSURANCE
Parks & Recreation
$1,364.50
E 05-4131-105-15 JULY 2014 HEALTH INSURANCE
Engineering Enterprise
$4,268.50
G 01-2071 JULY 2014 HEALTH INSURANCE
$5,196.00
G 01-2074 JULY 2014 HEALTH INSURANCE
$780.50
E 01-4131-110-10 JULY 2014 HEALTH INSURANCE
Administration
$3,488.00
E 01-4131-020-20 JULY 2014 HEALTH INSURANCE
Police
$17,670.00
Search Name SW/WC SERVICE COOPERATIVES
$36,670.00
Search Name U. S. BANK
E 01-4435-200-70 PLAYGROUND PROGRAM SUPPLIES
Parks & Recreation
$77.78
E 29-4330-000-00 MAINT. MATERIALS - STORM SEWER
Spec Fds
$73.44
E 45-4490-045-45 ADVERTISING - PAR3
Golf Course
$350.00
E 01-4435-200-70 TENNIS SUPPLIES
Parks & Recreation
$674.69
E 01-4400-110-10 SEMINAR REGISTRATION - J. MILLER
Administration
$25.00
E 01-4435-200-70 YOUTH TRIP EXPENSE - COMO ZOO
Parks & Recreation
$150.00
E 01-4400-110-10 TRAVEL EXPENSE - J. MILLER
Administration
$494.36
Search Name UNITED WAY OF ST. PAUL
G 01-2070 06/20/2014 PAYROLL
Search Name UNITED WAY OF ST. PAUL
Search Name US POSTAL SERVICE
G 01-1210
Search Name US POSTAL SERVICE
Search Name XCEL ENERGY
E 01-4211-320-70
E 01-4212-320-70
E 45-4211-047-45
E 45-4211-046-45
E 45-4212-046-45
Search Name XCEL ENERGY
REPLENISH POSTAGE METER
MAY 2014 UTILITIES
MAY 2014 UTILITIES
MAY 2014 UTILITIES
MAY 2014 UTILITIES
MAY 2014 UTILITIES
X47 R4
:p-r/.OV
$1,200.00
$1,200.00
Parks & Recreation
$12.43
page 28
$9.45
CITY OF MENDOTA HEIGHTS
06/26/149:54 AM
Golf Course
$34.34
Page 2
$38.88
Claims List
MANUALCHECKS
06/26/14 MAN
Account
Comments DEPT Descr
Amount
E 01-4490-070-70
TRAINING SUPPLIES - PARKS & REC. Parks & Recreation
$41.18
E 01-4305-030-30
EMERGENCY NOTIFICATION SYSTEM Fire
$418.00
E 01-4435-200-70
SOFTBALL TEAMS REGISTRATION Parks & Recreation
$285.00
E 01-4400-109-09
SEMINAR REGISTRATION - S. KREBSBA City Council
$50.00
E 01-4435-200-70
YOUTH TRIP EXPENSE - COMO ZOO Parks & Recreation
$150.00
Search Name U. S. BANK
$2,789.45
Search Name UNITED WAY OF ST. PAUL
G 01-2070 06/20/2014 PAYROLL
Search Name UNITED WAY OF ST. PAUL
Search Name US POSTAL SERVICE
G 01-1210
Search Name US POSTAL SERVICE
Search Name XCEL ENERGY
E 01-4211-320-70
E 01-4212-320-70
E 45-4211-047-45
E 45-4211-046-45
E 45-4212-046-45
Search Name XCEL ENERGY
REPLENISH POSTAGE METER
MAY 2014 UTILITIES
MAY 2014 UTILITIES
MAY 2014 UTILITIES
MAY 2014 UTILITIES
MAY 2014 UTILITIES
X47 R4
:p-r/.OV
$1,200.00
$1,200.00
Parks & Recreation
$12.43
Parks & Recreation
$9.45
Golf Course
$68.94
Golf Course
$34.34
Golf Course
$38.88
zr 1 o -t. -t
$166,300.50
page 29
CITY OF MENDOTA HEIGHTS 06/26/14 9:57 AM
Claims List Page 1
SYSTEM CHECKS
07/01/14 PAY
Account Comments DEPT Descr Amount
Search Name 3RD LAIR SKATE PARK
E 01-4435-200-70 SKATEBOARD CAMP Parks & Recreation $900.00
Search Name 3RD LAIR SKATE PARK $900.00
Search Name A TO Z HOME INSPECTION, LLC
E 01-4231-040-40 05/22 - 06/06/14 INSPECTIONS
Code Enforcement/Ins
$3,212.50
E 01-4231-040-40 05/02 - 05/21/14 INSPECTIONS
Code Enforcement/Ins
$4,300.00
Search Name A TO Z HOME INSPECTION, LLC
$7,512.50
Search Name ALLEGRA PRINT & IMAGING
E 01-4300-040-40 ENVELOPES PRINTING
Code Enforcement/Ins
$42.74
E 01-4300-070-70 ENVELOPES PRINTING
Parks & Recreation
$42.74
E 01-4300-080-80 ENVELOPES PRINTING
Planning
$56.98
E 01-4300-110-10 ENVELOPES PRINTING
Administration
$56.98
E 05-4300-105-15 ENVELOPES PRINTING
Engineering Enterpris
$56.98
E 15-4300-060-60 ENVELOPES PRINTING
Utility Enterprise
$28.48
Search Name ALLEGRA PRINT & IMAGING
$284.90
Search Name ALLIANCE BENEFIT GROUP
E 01-4490-110-10 MAY 2014 COBRA ADMIN FEE
Administration
$25.00
Search Name ALLIANCE BENEFIT GROUP
$25.00
Search Name AMERIPRIDE SERVICES
E 15-4335-310-60 MAT SERVICE - PW GARAGE
Utility Enterprise
$25.86
E 08-4335-000-00 MAT SERVICE - CITY HALL
Spec Fds
$84.20
E 01-4335-310-70 MAT SERVICE - PW GARAGE
Parks & Recreation
$25.86
E 01-4335-310-50 MAT SERVICE - PW GARAGE
Road & Bridges
$25.87
E 45-4335-045-45 MAT SERVICE - PAR3
Golf Course
$31.37
Search Name AMERIPRIDE SERVICES
$193.16
Search Name APPLE VALLEY, CITY OF
E 01-4400-020-20 TRAINING - PD
Police
$385.00
Search Name APPLE VALLEY, CITY OF
$385.00
Search Name ASSOCIATED BAG COMPANY
E 01-4305-070-70 OPERATING SUPPLIES - PARKS
Parks & Recreation
$472.26
Search Name ASSOCIATED BAG COMPANY
$472.26
Search Name B S N SPORTS
E 01-4305-070-70
Search Name B S N SPORTS
Search Name BARTUSCH, TIM
E 78-4460-774-00
Search Name BARTUSCH, TIM
Search Name BLUE RAIN PLUMBING
R 01-3254
R 01-3315
Search Name BLUE RAIN PLUMBING
Search Name BYRNES, KEVIN
E 01-4490-080-80
Search Name BYRNES, KEVIN
OPEARTING SUPPLIES - PARKS MAINTENANCE Parks & Recreation $402.55
$402.55
HUNTER/ORCHARD PROJECT REPAIRS Spec Fds $186.29
$186.29
REFUND - PERMIT #7151
REFUND - PERMIT #7151
2ND QTR 2014 ARC MEETINGS Planning
$125.00
$5.00
$130.00
$25.00
$25.00
page 30
CITY OF MENDOTA HEIGHTS 06/26/14 9:57 AM
Page 2
Claims List
SYSTEM CHECKS
07/01/14 PAY
Account Comments DEPT Descr Amount
Search Name C. DARLENE OEHLKE, CAP
E 01-4220-110-10 06/17/14 CITY COUNCIL MEETING Administration $89.60
Search Name C. DARLENE OEHLKE, CAP $89.60
Search Name CENTRAL IRRIGATION SUPPLY
E 01-4330-215-70 IRRIGATION REPAIR PARTS
Parks & Recreation
$290.42
Search Name CENTRAL IRRIGATION SUPPLY
$290.42
Search Name CENTURY LINK
E 45-4210-045-45 JUNE -JULY 2014 SERVICE - PAR3
Golf Course
$55.13
Search Name CENTURY LINK
$55.13
Search Name 0 SPRAY, INC.
E 01-4330-490-70 EQUIPMENT - SHOP
Parks & Recreation
$45.83
E 15-4330-490-60 EQUIPMENT - SHOP
Utility Enterprise
$45.83
E 01-4330-490-50 EQUIPMENT - SHOP
Road & Bridges
$45.84
Search Name CJ SPRAY, INC.
$137.50
Search Name CLAREY S SAFETY EQUIPMENT
E 01-4330-460-30 EQUIPMENT - FIRE DEPT
Fire
$325.00
Search Name CLAREY S SAFETY EQUIPMENT
$325.00
Search Name CLARK, DEB
G 15-1150 REFUND - SEWER ACCT. BALANCE
$87.22
Search Name CLARK, DEB
$87.22
Search Name COMMERCIAL ASPHALT
E 01-4422-050-50 ASPHALT MIX
Road & Bridges
$2,518.56
Search Name COMMERCIAL ASPHALT
$2,518.56
Search Name CONTINENTAL RESEARCH CORP.
E 01-4305-070-70 OPERATING SUPPLIES - PARKS
Parks & Recreation
$330.83
Search Name CONTINENTAL RESEARCH CORP.
$330.83
Search Name COOL AIR MECHANICAL, INC.
E 45-4335-045-45 A/C REPAIRS - PAR3
Golf Course
$155.48
E 08-4335-000-00 A/C REPAIRS - CITY HALL
Spec Fds
$371.83
Search Name COOL AIR MECHANICAL, INC.
$527.31
Search Name DAKOTA COMMUNICATIONS CENTER
E 01-4275-020-20 JULY 2014 DCC FEE
Police
$16,835.00
E 01-4275-030-30 JULY 2014 DCC FEE
Fire
$535.00
Search Name DAKOTA COMMUNICATIONS CENTER
$17,370.00
Search Name DAKOTA COUNTY FINANCIAL SERVIC
E 01-4275-030-30 APR -MAY 2014 RADIO SUBSCRIBER FEES
Fire
$1,306.48
E 01-4200-610-50 APR -MAY 2014 RADIO SUBSCRIBER FEES
Road & Bridges
$326.62
E 01-4200-610-70 APR -MAY 2014 RADIO SUBSCRIBER FEES
Parks & Recreation
$186.64
E 15-4200-610-60 APR -MAY 2014 RADIO SUBSCRIBER FEES
Utility Enterprise
$46.66
E 05-4200-610-15 APR -MAY 2014 RADIO SUBSCRIBER FEES
Engineering Enterpris
$139.98
E 01-4275-020-20 APR -MAY 2014 RADIO SUBSCRIBER FEES
Police
$1,726.42
Search Name DAKOTA COUNTY FINANCIAL SERVIC
$3,732.80
Search Name DAKOTA COUNTY RECORDER
E 01-4220-080-80 MAY 2014 ABSTRACT FEES
Planning
$230.00
page 31
CITY OF MENDOTA HEIGHTS 06/26/14 9:57 AM
Page 3
Claims List
SYSTEM CHECKS
07/01/14 PAY
Account Comments DEPT Descr Amount
E 14-4490-000-00 SPECIAL ASSESSMENTS FEE Spec Fds $5,136.00
Search Name DAKOTA COUNTY RECORDER $5,366.00
Search Name DELTA DENTAL
E 01-4131-050-50
JULY 2014 DENTAL PREMIUM
Road & Bridges
$301.30
E 01-4131-070-70
JULY 2014 DENTAL PREMIUM
Parks & Recreation
$301.30
E 05-4131-105-15
JULY 2014 DENTAL PREMIUM
Engineering Enterpris
$192.40
E 08-4131-000-00
JULY 2014 DENTAL PREMIUM
Spec Fds
$41.75
E 15-4131-060-60
JULY 2014 DENTAL PREMIUM
Utility Enterprise
$217.80
G 01-2071
JULY 2014 DENTAL PREMIUM
$75.00
$1,306.80
G 01-2074
JULY 2014 DENTAL PREMIUM
$167.00
E 01-4131-020-20
JULY 2014 DENTAL PREMIUM
Police
$695.15
E 01-4131-110-10
JULY 2014 DENTAL PREMIUM
Administration
$259.55
Search Name DELTA DENTAL
$3,483.05
Search Name DIGITAL -ALLY
E 01-4330-440-20
EQUIPMENT REPAIR - PD
Police
$395.00
Search Name DIGITAL -ALLY
$395.00
Search Name DUNN, BILL
E 01-4490-080-80
2ND QTR 2014 ARC MEETINGS
Planning
$75.00
Search Name DUNN, BILL
$75.00
Search Name EAGAN HARDWARE HANK
E 01-4305-050-50
OPERATING SUPPLIES - STREETS
Road & Bridges
$71.92
Search Name EAGAN HARDWARE HANK
$71.92
Search Name ELECTRO WATCHMAN
E 01-4210-050-50
QUARTERLY SECURITY MONITORING - PW
Road & Bridges
$110.00
E 01-4210-070-70
QUARTERLY SECURITY MONITORING - PW
Parks & Recreation
$110.00
E 15-4210-060-60
QUARTERLY SECURITY MONITORING - PW
Utility Enterprise
$110.00
Search Name ELECTRO WATCHMAN
$330.00
Search Name EMERGENCY AUTOMOTIVE TECHNOLOG
E 01-4330-440-20 NEW SQUAD SET-UP - 2245 Police $5,845.79
E 01-4330-440-20 NEW SQUAD SET-UP - 2244 Police $5,427.10
Search Name EMERGENCY AUTOMOTIVE TECHNOLOG $11,272.89
Search Name EVANS, JACK
E 01-4490-070-70 2ND QTR 2014 PARK & REC. COMM. MEETING Parks & Recreation $50.00
Search Name EVANS, JACK $50.00
Search Name FASTENAL INDUSTRIAL & CONSTR
E 01-4330-490-50
EQUIPMENT REPAIR PARTS - STREETS
Road & Bridges
$20.76
E 01-4305-070-70
OPERATING SUPPLIES - PARKS
Parks & Recreation
$10.49
Search Name FASTENAL INDUSTRIAL & CONSTR
$31.25
Search Name FIELD, LITTON JR
E 01-4490-080-80
2ND QTR 2014 PLANNING COMM. MEETINGS
Planning
$75.00
Search Name FIELD, LITTON JR
$75.00
Search Name FIRE CATT
E 01-4330-460-30
FIRE HOSES TESTING - FIRE DEPT
Fire
$3,087.05
Search Name FIRE CATT
$3,087.05
page 32
CITY OF MENDOTA HEIGHTS 06/26/14 9:57 AM
Page 4
Claims List
SYSTEM CHECKS
07/01/14 PAY
Account Comments DEPT Descr Amount
Search Name FITZGERALD, JUSTIN
E 01-4400-030-30 TRAVEL EXP. REIMB. - J. FITZGERALD Fire $33.97
Search Name FITZGERALD, JUSTIN $33.97
Search Name FLEET SERVICES
E 01-4200-610-20 MAY 2014 SQUAD LEASES Police $4,934.71
Search Name FLEET SERVICES $4,934.71
Search Name FRONTIER AG & TURF
E 01-4330-490-70
E 01-4330-490-70
Search Name FRONTIER AG & TURF
Search Name GERLACH SERVICE INC.
E 01-4330-490-70
Search Name GERLACH SERVICE INC.
EQUIPMENT REPAIR PARTS - PARKS
EQUIPMENT REPAIR PARTS - PARKS
EQUIPMENT REPAIR PARTS - PARKS
Search Name GERTENS GREENHOUSE
E 01-4305-050-50
OPERATING SUPPLIES - STREETS
E 29-4337-000-00
STORM WATER SEWER MAINT. SUPPLIES
E 78-4460-774-00
PROJECT SUPPLIES - HUNTER/ORCHARD
E 45-4334-045-45
COURSE MAINT. SUPPLIES - PAR3
G 45-2035
COURSE MAINT. SUPPLIES - PAR3
E 45-4334-045-45
COURSE MAINT. SUPPLIES - PAR3
G 45-2035
COURSE MAINT. SUPPLIES - PAR3
E 78-4460-787-00
PROJECT SUPPLIES - CROWN PT.
Search Name GERTENS GREENHOUSE
Search Name GM MANAGEMENT
E 45-4268-045-45
Search Name GM MANAGEMENT
Search Name HANCO CORPORATION
G 45-2035
E 45-4330-490-45
Search Name HANCO CORPORATION
Search Name HENNES, DOUG
E 01-4490-080-80
Search Name HENNES, DOUG
Search Name HENNESSY, ROBIN
E 01-4490-080-80
Search Name HENNESSY, ROBIN
Search Name HINDERSCHEID, PAT
E 01-4490-070-70
Search Name HINDERSCHEID, PAT
Search Name HOSE INC
E 01-4330-490-50
Search Name HOSE INC
MAY 2014 CONSULTING - PAR3
EQUIPMENT REPAIR PARTS - PAR3
EQUIPMENT REPAIR PARTS - PAR3
Parks & Recreation $91.36
Parks & Recreation $27.83
$119.19
Parks & Recreation $603.23
$603.23
Road & Bridges
Spec Fds
Spec Fds
Golf Course
Golf Course
Spec Fds
Golf Course
Golf Course
2ND QTR 2014 PLANNING COMM. MEETINGS Planning
2ND QTR 2014 PLANNING COMM. MEETINGS Planning
$125.96
$97.96
$349.65
$223.80
-$14.40
$74.60
-$4.80
$15.60
$868.37
$1,000.00
$1,000.00
-$3.53
$54.90
$51.37
$75.00
$75.00
$50.00
$50.00
2ND QTR 2014 PARK & REC. COMM. MEETING Parks & Recreation $75.00
$75.00
EQUIPMENT REPAIR PARTS - STREETS
Road & Bridges
$74.06
$74.06
Search Name INNOVATIVE OFFICE SOLUTIONS
E 01-4300-640-12 OFFICE SUPPLIES - ELECTIONS Elections $17.40
Search Name INTEGRA TELECOM
E 15-4210-060-60
E 01-4210-050-50
E 01-4210-020-20
E 05-4210-105-15
E 01-4210-040-40
E 01-4210-020-20
E 01-4210-110-10
E 01-4210-070-70
Search Name INTEGRA TELECOM
Search Name INVER GROVE FORD
E 01-4330-490-70
E 01-4620-070-70
Search Name INVER GROVE FORD
JUNE -JULY 2014 TELEPHONE SERVICE
JUNE -JULY 2014 TELEPHONE SERVICE
JUNE -JULY 2014 TELEPHONE SERVICE
JUNE -JULY 2014 TELEPHONE SERVICE
JUNE -JULY 2014 TELEPHONE SERVICE
JUNE -JULY 2014 TELEPHONE SERVICE
JUNE -JULY 2014 TELEPHONE SERVICE
JUNE -JULY 2014 TELEPHONE SERVICE
EQUIPMENT REPAIR PARTS - PARKS
NEW TRUCK EQUIPMENT
Search Name JANI-KING OF MINNESOTA, INC.
E 01-4335-315-30 JUNE 2014 SERVICE - FIRE HALL
Search Name JANI-KING OF MINNESOTA, INC.
Search Name K D V
E 45-4220-130-45
E 15-4220-130-60
E 21-4220-130-00
E 01-4220-130-10
E 29-4220-130-00
E 10-4220-130-00
E 03-4220-130-00
E 05-4220-130-15
Search Name K D V
Search Name KIPP, IRA
E 01-4490-070-70
Search Name KIPP, IRA
Search Name KNEELAND, ALYSON
R 45-3305
G 45-2035
Search Name KNEELAND, ALYSON
Search Name L E L S
G 01-2075
Search Name L E L S
2013 AUDIT - FINAL BILLING
2013 AUDIT - FINAL BILLING
2013 AUDIT - FINAL BILLING
2013 AUDIT - FINAL BILLING
2013 AUDIT - FINAL BILLING
2013 AUDIT - FINAL BILLING
2013 AUDIT - FINAL BILLING
2013 AUDIT - FINAL BILLING
Utility Enterprise
Road & Bridges
Police
Engineering Enterpris
Code Enforcement/Ins
Police
Administration
Parks & Recreation
Parks & Recreation
Parks & Recreation
Fire
Golf Course
Utility Enterprise
Spec Fds
Administration
Spec Fds
Spec Fds
Spec Fds
Engineering Enterpris
2ND QTR 2014 PARK & REC. COMM. MEETING Parks & Recreation
REFUND - WOMEN'S GOLF LEAGUE
REFUND - WOMEN'S GOLF LEAGUE
JULY 2014 UNION DUES
Search Name LAWSON PRODUCTS, INC
$250.43
$42.63
$127.89
$167.76
$67.10
$268.41
$335.52
$42.63
$1,302.37
$15.39
$184.03
$199.42
$200.00
$200.00
$1,300.58
$1,394.44
$442.47
$10,056.02
$522.91
$603.36
$1,394.44
$1,635.78
$17,350.00
$75.00
$75.00
$92.42
$6.58
$99.00
$540.00
$540.00
page 33
CITY OF MENDOTA HEIGHTS
06/26/14 9:57 AM
Page 5
Claims List
SYSTEM CHECKS
07/01/14 PAY
Account
Comments
DEPT Descr
Amount
E 01-4300-020-20
OFFICE SUPPLIES - PD
Police
$10.61
E 01-4330-640-12
OFFICE SUPPLIES - ELECTIONS
Elections
$6.08
E 01-4300-020-20
OFFICE SUPPLIES - PD
Police
$30.05
E 05-4300-105-15
OFFICE SUPPLIES - ENGINEERING
Engineering Enterpris
$12.47
E 01-4300-640-12
OFFICE SUPPLIES - ELECTIONS
Elections
$24.12
E 05-4300-105-15
OFFICE SUPPLIES - ENGINEERING
Engineering Enterpris
$23.75
E 01-4300-110-10
OFFICE SUPPLIES - ADMIN.
Administration
$10.62
E 05-4300-105-15
OFFICE SUPPLIES - ENGINEERING
Engineering Enterpris
$16.09
Search Name INNOVATIVE OFFICE SOLUTIONS
$151.19
Search Name INTEGRA TELECOM
E 15-4210-060-60
E 01-4210-050-50
E 01-4210-020-20
E 05-4210-105-15
E 01-4210-040-40
E 01-4210-020-20
E 01-4210-110-10
E 01-4210-070-70
Search Name INTEGRA TELECOM
Search Name INVER GROVE FORD
E 01-4330-490-70
E 01-4620-070-70
Search Name INVER GROVE FORD
JUNE -JULY 2014 TELEPHONE SERVICE
JUNE -JULY 2014 TELEPHONE SERVICE
JUNE -JULY 2014 TELEPHONE SERVICE
JUNE -JULY 2014 TELEPHONE SERVICE
JUNE -JULY 2014 TELEPHONE SERVICE
JUNE -JULY 2014 TELEPHONE SERVICE
JUNE -JULY 2014 TELEPHONE SERVICE
JUNE -JULY 2014 TELEPHONE SERVICE
EQUIPMENT REPAIR PARTS - PARKS
NEW TRUCK EQUIPMENT
Search Name JANI-KING OF MINNESOTA, INC.
E 01-4335-315-30 JUNE 2014 SERVICE - FIRE HALL
Search Name JANI-KING OF MINNESOTA, INC.
Search Name K D V
E 45-4220-130-45
E 15-4220-130-60
E 21-4220-130-00
E 01-4220-130-10
E 29-4220-130-00
E 10-4220-130-00
E 03-4220-130-00
E 05-4220-130-15
Search Name K D V
Search Name KIPP, IRA
E 01-4490-070-70
Search Name KIPP, IRA
Search Name KNEELAND, ALYSON
R 45-3305
G 45-2035
Search Name KNEELAND, ALYSON
Search Name L E L S
G 01-2075
Search Name L E L S
2013 AUDIT - FINAL BILLING
2013 AUDIT - FINAL BILLING
2013 AUDIT - FINAL BILLING
2013 AUDIT - FINAL BILLING
2013 AUDIT - FINAL BILLING
2013 AUDIT - FINAL BILLING
2013 AUDIT - FINAL BILLING
2013 AUDIT - FINAL BILLING
Utility Enterprise
Road & Bridges
Police
Engineering Enterpris
Code Enforcement/Ins
Police
Administration
Parks & Recreation
Parks & Recreation
Parks & Recreation
Fire
Golf Course
Utility Enterprise
Spec Fds
Administration
Spec Fds
Spec Fds
Spec Fds
Engineering Enterpris
2ND QTR 2014 PARK & REC. COMM. MEETING Parks & Recreation
REFUND - WOMEN'S GOLF LEAGUE
REFUND - WOMEN'S GOLF LEAGUE
JULY 2014 UNION DUES
Search Name LAWSON PRODUCTS, INC
$250.43
$42.63
$127.89
$167.76
$67.10
$268.41
$335.52
$42.63
$1,302.37
$15.39
$184.03
$199.42
$200.00
$200.00
$1,300.58
$1,394.44
$442.47
$10,056.02
$522.91
$603.36
$1,394.44
$1,635.78
$17,350.00
$75.00
$75.00
$92.42
$6.58
$99.00
$540.00
$540.00
Search Name LEVINE, STEPHANIE
E 01-4490-070-70
2ND QTR 2014 PARK & REC. COMM. MEETING
Parks & Recreation
page 34
Search Name LEVINE, STEPHANIE
CITY OF MENDOTA HEIGHTS
E 28-4330-000-00
06/26/14 9:57 AM
Search Name LILLIE SUBURBAN NEWS
LIGHTING REPAIRS - PW
Search Name MID NORTHERN
Page 6
E 27-4240-788-00
Claims List
Spec Fds
$180.25
E 01-4240-080-80
SYSTEM CHECKS
Planning
$80.50
Search Name LILLIE SUBURBAN NEWS
07/01114 PAY
$260.75
Account
Comments
DEPT Descr
Amount
E 01-4305-050-50
OPERATING SUPPLIES - SHOP
Road & Bridges
$119.17
E 01-4305-070-70
OPERATING SUPPLIES - SHOP
Parks & Recreation
$119.17
E 15-4305-060-60
OPERATING SUPPLIES - SHOP
Utility Enterprise
$119.17
Search Name LAWSON PRODUCTS,
INC
Golf Course
$357.51
Search Name LEVINE, STEPHANIE
E 01-4490-070-70
2ND QTR 2014 PARK & REC. COMM. MEETING
Parks & Recreation
$50.00
Search Name LEVINE, STEPHANIE
LIGHTING REPAIRS - PW
E 28-4330-000-00
$50.00
Search Name LILLIE SUBURBAN NEWS
LIGHTING REPAIRS - PW
Search Name MID NORTHERN
SERVICES
E 27-4240-788-00
VICTORIA RD PROJECT PUBLICATIONS
Spec Fds
$180.25
E 01-4240-080-80
PLANNING NOTICES
Planning
$80.50
Search Name LILLIE SUBURBAN NEWS
$260.75
Search Name LORBERBAUM, SALLY
E 01-4490-080-80
2ND QTR 2014 ARC MEETINGS
Planning
$75.00
Search Name LORBERBAUM, SALLY
$75.00
Search Name M T I DISTRIBUTING COMPANY
E 45-4334-045-45
CHEMICLAS - PAR3
Golf Course
$421.50
Search Name M T I DISTRIBUTING COMPANY
$421.50
Search Name MADDEN, JOE
R 01-3305
YOUTH TRIP REFUND
$48.00
Search Name MADDEN, JOE
$48.00
Search Name MAGNUSON, MARY
E 01-4490-080-80
2ND QTR 2014 PLANNING COMM. MEETINGS
Planning
$75.00
Search Name MAGNUSON, MARY
$75.00
Search Name MAZZITELLO, JOHN
E 05-4415-105-15
MILEAGE REIMBURSEMENT - J. MAZZITELLO
Engineering Enterpris
$23.52
E 05-4404-105-15
LICENSE RENEWAL - J. MAZZITELLO
Engineering Enterpris
$134.50
Search Name MAZZITELLO, JOHN
$158.02
Search Name MENARDS
E 29-4337-000-00
E 08-4335-000-00
E 08-4335-000-00
E 08-4335-000-00
Search Name MENARDS
Search Name METRO SALES
E 01-4300-110-10
Search Name METRO SALES
STORM SEWER MAINT. SUPPLIES Spec Fds
SUPPLIES - CITY HALL Spec Fds
BLDG REPAIR SUPPLIES - CITY HALL Spec Fds
BLDG MAINTENANCE SUPPPLIES - CITY HALL Spec Fds
PRINTER CARTRIDGES - ADMIN
Search Name MID NORTHERN SERVICES
E 01-4335-310-70
LIGHTING REPAIRS - PW
E 01-4330-215-70
LIGHTING REPAIRS - PARKS
E 15-4335-310-60
LIGHTING REPAIRS - PW
E 28-4330-000-00
STREET LIGHTS
E 01-4335-310-50
LIGHTING REPAIRS - PW
Search Name MID NORTHERN
SERVICES
Search Name MILLER, DAVID
Administration
Parks & Recreation
Parks & Recreation
Utility Enterprise
Spec Fds
Road & Bridges
$209.00
$21.52
$66.07
$19.48
$316.07
$370.96
$370.96
$67.50
$135.00
$67.50
$6,400.00
$67.50
$6,737.50
page 35
CITY OF MENDOTA HEIGHTS
06/26/149:57 AM
Page 7
Claims List
SYSTEM CHECKS
07/01/14 PAY
Account
Comments
DEPT Descr
Amount
E 01-4490-070-70
2ND QTR 2014 PARK & REC. COMM. MEETING
Parks & Recreation
$50.00
Search Name MILLER, DAVID
$50.00
Search Name MN BENEFIT ASSN
E 01-4131-050-50
JULY 2014 PREMIUM
Road & Bridges
$11.82
G 01-2073
JULY 2014 PREMIUM
$14.95
Search Name MN BENEFIT ASSN
$26.77
Search Name MN CHIEFS OF POLICE
ASSN
E 01-4400-020-20
LEADERSHIP ACADEMY - SERGEANTS
Police
$1,000.00
Search Name MN CHIEFS OF POLICE
ASSN
$1,000.00
Search Name MN GLOVE INC
E 01-4305-050-50
OPERATING SUPPLIES - STREETS
Road & Bridges
$243.80
Search Name MN GLOVE INC
$243.80
Search Name MNPEA
G 01-2075
JULY 2014 UNION DUES
$78.00
Search Name MNPEA
$78.00
Search Name NATURE CALLS, INC
G 45-2035
MAY 2014 RENTALS - PAR3
-$3.44
E 45-4200-610-45
MAY 2014 RENTALS - PAR3
Golf Course
$53.44
E 01-4200-610-70
MAY 2014 RENTALS - PARKS
Parks & Recreation
$862.00
Search Name NATURE CALLS, INC
$912.00
Search Name NCPERS GROUP LIFE INS.
G 01-2071
JULY 2014 PREMIUM
$80.00
Search Name NCPERS GROUP LIFE INS.
$80.00
Search Name NEUHARTH, JIM
E 01-4490-080-80
2ND QTR 2014 ARC MEETINGS
Planning
$75.00
Search Name NEUHARTH, JIM
$75.00
Search Name NITTI SANITATION INC
E 45-4280-045-45
RUBBISH REMOVAL - PAR3
Golf Course
$47.13
Search Name NI1TI SANITATION INC
$47.13
Search Name NOONAN, MICHAEL
E 01-4490-080-80
2ND QTR 2014 PLANNING COMM. MEETINGS
Planning
$75.00
Search Name NOONAN, MICHAEL
$75.00
Search Name NORLING, GINA
E 01-4490-080-80
2ND QTR 2014 ARC MEETINGS
Planning
$75.00
Search Name NORLING, GINA
$75.00
Search Name NORTHEAST WISCONSIN TECH
E 01-4400-020-20
TRAINING - T. SPICER
Police
$350.00
Search Name NORTHEAST WISCONSIN TECH
$350.00
Search Name NORTHLAND CHEMICAL
E 01-4305-070-70
OPERATING SUPPLIES - PARKS
Parks & Recreation
$228.39
Search Name NORTHLAND CHEMICAL
$228.39
Search Name OFFICE DEPOT
E 15-4300-060-60
OFFICE SUPPLIES - PW
Utility Enterprise
$78.14
Search Name OLSEN COMPANIES
E 15-4335-310-60
ANNUAL HOIST INSPECTION - PW
Utility Enterprise
page 36
ANNUAL HOIST INSPECTION - PW
CITY OF MENDOTA HEIGHTS
06/26/149:57 AM
ANNUAL HOIST INSPECTION - PW
Road & Bridges
Search Name OLSEN COMPANIES
Page 8
Claims List
CALL
E 01-4330-490-50
SYSTEM CHECKS
Road & Bridges
E 01-4305-050-50
OPERATING SUPPLIES - STREETS
07/01/14 PAY
E 01-4330-460-30
EQUIPMENT REPAIR PARTS - FIRE DEPT
Account
Comments
DEPT Descr
Amount
E 01-4300-050-50
OFFICE SUPPLIES - PW
Road & Bridges
$6.71
E 01-4300-070-70
OFFICE SUPPLIES - PW
Parks & Recreation
$6.71
E 01-4300-070-70
OFFICE SUPPLIES - PW
Parks & Recreation
$78.14
E 01-4300-050-50
OFFICE SUPPLIES - PW
Road & Bridges
$78.15
E 01-4300-020-20
OFFICE SUPPLIES - PD
Police
$111.50
E 15-4300-060-60
OFFICE SUPPLIES - PW
Utility Enterprise
$6.70
Search Name OFFICE DEPOT
$366.05
Search Name OLSEN COMPANIES
E 15-4335-310-60
ANNUAL HOIST INSPECTION - PW
Utility Enterprise
E 01-4335-310-70
ANNUAL HOIST INSPECTION - PW
Parks & Recreation
E 01-4335-310-50
ANNUAL HOIST INSPECTION - PW
Road & Bridges
Search Name OLSEN COMPANIES
Search Name OREILLY AUTO/FIRST
CALL
E 01-4330-490-50
EQUIPMENT REPAIR SUPPLIES - STREETS
Road & Bridges
E 01-4305-050-50
OPERATING SUPPLIES - STREETS
Road & Bridges
E 01-4330-460-30
EQUIPMENT REPAIR PARTS - FIRE DEPT
Fire
E 01-4620-070-70
NEW PARKS TRUCK EQUIPMENT
Parks & Recreation
E 01-4620-070-70
NEW PARKS TRUCK EQUIPMENT
Parks & Recreation
E 01-4620-070-70
NEW PARKS TRUCK EQUIPMENT
Parks & Recreation
Search Name OREILLY AUTO/FIRST
CALL
Search Name PAPER, JOEL
E 01-4490-070-70
2ND QTR 2014 PARK & REC. COMM. MEETING
Parks & Recreation
Search Name PAPER, JOEL
Search Name PCE, INC.
E 01-4220-070-70
WORK FLOW STUDY
Parks & Recreation
Search Name PCE, INC.
Search Name PETERBILT NORTH
E 01-4330-490-70
EQUIPMENT REPAIR PARTS - PARKS
Parks & Recreation
Search Name PEfERBILT NORTH
Search Name PITNEY BOWES
E 15-4200-610-60
E 05-4200-610-15
E 01-4200-610-70
E 01-4318-080-80
E 01-4318-040-40
E 01-4200-610-30
E 01-4200-610-20
E 01-4200-610-10
Search Name PITNEY BOWES
Search Name PORTZ, PAUL
E 01-4490-080-80
Search Name PORTZ, PAUL
2014 2ND QTR POSTAGE RENTAL
2014 2ND QTR POSTAGE RENTAL
2014 2ND QTR POSTAGE RENTAL
2014 2ND QTR POSTAGE RENTAL
2014 2ND QTR POSTAGE RENTAL
2014 2ND QTR POSTAGE RENTAL
2014 2ND QTR POSTAGE RENTAL
2014 2ND QTR POSTAGE RENTAL
2ND QTR 2014 ARC MEETINGS
Search Name POSITIVE PROMOTIONS, INC
E 01-4403-030-30 FIRE PREVENTION SUPPLIES
Search Name POSITIVE PROMOTIONS, INC
Search Name PRAIRIE RESTORATIONS, INC.
Utility Enterprise
Engineering Enterpris
Parks & Recreation
Planning
Code Enforcement/Ins
Fire
Police
Administration
Planning
Fire
$78.33
$78.33
$78.34
$235.00
$23.88
$23.88
$11.58
-$122.10
$62.61
$459.49
$459.34
$50.00
$50.00
$1,962.89
$1,962.89
$44.70
$44.70
$14.17
$2.58
$3.86
$7.73
$18.03
$6.44
$16.75
$59.26
$128.82
$50.00
$50.00
$1,262.60
$1,262.60
page 37
CITY OF MENDOTA HEIGHTS 06/26/14 9:57 AM
Claims List Page 9
SYSTEM CHECKS
07/01/14 PAY
Account Comments DEPT Descr Amount
E 01-4330-215-70 WEEDS SPRAYING - PARKS Parks & Recreation $565.39
Search Name PRAIRIE RESTORATIONS, INC. $565.39
Search Name REILLY, WILLIAM
R 45-3305 REFUND - OVERPAYMENT
Search Name REILLY, WILLIAM
Search Name RIGID HITCH INCORPORATED
E 01-4620-070-70 NEW TRUCK EQUIPMENT Parks & Recreation
E 01-4620-070-70 NEW TRUCK EQUIPMENT Parks & Recreation
Search Name RIGID HITCH INCORPORATED
Search Name ROSTON, HOWARD
E 01-4490-080-80 2ND QTR 2014 PLANNING COMM. MEETINGS Planning
Search Name ROSTON, HOWARD
Search Name ROUGH CUTT
E 01-4490-040-40
E 01-4490-040-40
Search Name ROUGH CUTT
Search Name SLOAN, DAVE
E 01-4490-080-80
Search Name SLO.AN, DAVE
Search Name SPRINT
E 15-4210-060-60
E 01-4223-020-20
E 01-4210-030-30
E 01-4210-110-10
E 05-4210-105-15
E 01-4210-020-20
E 45-4210-045-45
Search Name SPRINT
Search Name SPRWS
E 01-4425-310-50
E 01-4425-310-70
E 15-4425-310-60
E 01-4425-070-70
E 01-4425-070-70
E 08-4425-000-00
E 01-4425-315-30
Search Name SPRWS
Search Name STREICHERS
E 01-4400-020-20
Search Name STREICHERS
Search Name SUN LIFE
E 01-4131-070-70
E 01-4131-110-10
E 01-4131-050-50
E 05-4131-105-15
E 08-4131-000-00
WEED CUTTING - MEDORA
WEED CUTTING - MEDORA
2ND QTR 2014 ARC MEETINGS
JUNE 2014 CELL SERVICE
JUNE 2014 CELL SERVICE
JUNE 2014 CELL SERVICE
JUNE 2014 CELL SERVICE
JUNE 2014 CELL SERVICE
JUNE 2014 CELL SERVICE
JUNE 2014 CELL SERVICE
MAY 2014 SERVICE - PW
MAY 2014 SERVICE - PW
MAY 2014 SERVICE - PW
MAY 2014 SERVICE - PARKS
MAY 2014 SERVICE - PARKS
MAY 2014 SERVICE - CITY HALL
MAY 2014 SERVICE - FIRE HALL
TRAINING SUPPLIES - PD
Code Enforcement/Ins
Code Enforcement/Ins
Planning
Utility Enterprise
Police
Fire
Administration
Engineering Enterpris
Police
Golf Course
Road & Bridges
Parks & Recreation
Utility Enterprise
Parks & Recreation
Parks & Recreation
Spec Fds
Fire
Police
$18.00
$18.00
$206.91
$103.94
$310.85
$50.00
$50.00
$145.00
$145.00
$290.00
$50.00
$50.00
$54.86
$319.92
$56.30
$157.32
$174.02
$855.03
$77.16
$1,694.61
$22.44
$22.44
$22.43
$86.45
$73.56
$60.56
$74.48
$362.36
$663.49
$663.49
JULY 2014 TERM LIFE & DISB. PREMIUM
Parks & Recreation
$185.36
JULY 2014 TERM LIFE & DISB. PREMIUM
Administration
$302.89
JULY 2014 TERM LIFE & DISB. PREMIUM
Road & Bridges
$215.24
JULY 2014 TERM LIFE & DISB. PREMIUM
Engineering Enterpris
$114.81
JULY 2014 TERM LIFE & DISB. PREMIUM
Spec Fds
$84.05
page 38
CITY OF MENDOTA HEIGHTS
06/26/149:57 AM
Page 10
Claims List
SYSTEM CHECKS
07/01/14 PAY
Account
Comments
DEPT Descr
Amount
E 15-4131-060-60
JULY 2014 TERM LIFE & DISB. PREMIUM
Utility Enterprise
$89.50
G 01-2071
JULY 2014 TERM LIFE & DISB. PREMIUM
$1,302.40
E 01-4131-020-20
JULY 2014 TERM LIFE & DISB. PREMIUM
Police
$160.64
Search Name SUN LIFE
$2,454.89
Search Name SUNNESS, EVELYN
R 01-3306
REFUND - PARK RESERVATION
$25.00
Search Name SUNNESS, EVELYN
$25.00
Search Name T MOBILE
E 01-4210-070-70
MAY 2014 CELL SERVICE
Parks & Recreation
$206.72
Search Name T MOBILE
$206.72
Search Name TOTH, MIKE
E 01-4490-080-80
2ND QTR 2014 ARC MEETINGS
Planning
$75.00
Search Name TOTH, MIKE
$75.00
Search Name TRI STATE BOBCAT
E 01-4330-490-50
EQUIPMENT REPAIR PARTS - STREETS
Road & Bridges
$8.70
E 01-4330-490-50
EQUIPMENT REPAIR PARTS - STREETS
Road & Bridges
$182.00
Search Name TRI STATE BOBCAT
$190.70
Search Name UNIFORMS UNLIMITED
E 01-4410-020-20
EQUIPMENT - E. PETERSEN
Police
$35.49
Search Name UNIFORMS UNLIMITED
$35.49
Search Name UNLIMITED SUPPLIES INC
E 01-4305-050-50
OPERATING SUPPLIES - STREETS
Road & Bridges
$160.56
Search Name UNLIMITED SUPPLIES INC
$160.56
Search Name VERSATILE VEHICLES
E 45-4200-610-45
JULY 2014 LEASE - GOLF CARTS
Golf Course
$550.00
Search Name VERSATILE VEHICLES
$550.00
Search Name VIKSNINS, ANSIS
E 01-4490-080-80
2ND QTR 2014 PLANNING MEETINGS
Planning
$75.00
Search Name VIKSNINS, ANSIS
$75.00
Search Name WALLGREN, SLOAN
E 01-4435-200-70
PLAYGROUND PROGRAM SUPPLIES
Parks & Recreation
$308.46
Search Name WALLGREN, SLOAN
$308.46
Search Name WARNING LITES OF MINN
E 01-4305-050-50
OPERATING SUPPLIES - STREETS
Road & Bridges
$297.00
Search Name WARNING LITES OF MINN
$297.00
2014 Licensing List for City Council
Type Contract®r Name
Excavating
General
HVAC
SpeckTacular Companies
Voss Utility & Plumbing
A+ Outdoor Services
Benson -Orth
G.M.M. Construction, Inc
Langer Construction
Ranweiler Construction, LLC
Right Away Construction Corp
Kline Corp dba Practical Systems
Kraft Contracting, LLC
Total Comfort
page 39
51.
Thursday, June 26, 2014 Page 1 of I
page 40
7a.
1101 Victoria Curve I Mendota h 8
651.452.1850 phone 1 651.452.8940 fax
www.mendota-heights.com ,
T
CITY OF
MENDOTA HEIGHTS
DATE: July 1, 2014
TO: Mayor and City Council
FROM: Justin Miller, City Administrator
SUBJECT: Notice of Intent to Consider Gas and Electric Utility Franchise Fees
BACKGROUND
As was discussed during the May 29th city council workshop, one potential revenue source for
the city is a franchise fee on gas and electric utility accounts. Franchise fees acknowledge the
utility's use of city rights-of-way, and the city already has a fee of 5% included in cable
television bills.
Xcel Energy is the sole provider of gas and electric services in the City of Mendota Heights, and
they have prepared the attached draft franchise fee ordinances (Ordinances 465 and 466). In
addition, Xcel has provided the attached model franchise ordinances (Ordinances 463 and 464),
which would be 20 year agreements between the utility and the city. The city has had these
agreements with Xcel (or their predecessors) in the past, but they have since expired. Xcel
prefers to have these agreements in place to formalize their relationships with the city and to lay
out expectations of both parties.
According to the draft franchise agreement, in order for a franchise fee to be enacted, notification
of the proposed ordinance must be sent to Xcel 90 days prior to adopting the fee (Ordinances 463
and 464, section 9.2 — Separate Ordinance). After the fee ordinance is enacted, Xcel then has 90
days before they start collecting the fee on behalf of the city. Since this fee (if implemented) is
being considered to help offset infrastructure expenses in the 2015 and future budgets, starting
this process now would ensure that the fees could be collected near the beginning of 2015.
Staff has requested that Xcel provide an analysis of what revenue different levels of franchise
fees would generate, but as of this time, this analysis has not been received. Therefore, staff is
asking council to simply recognize these franchise fee ordinances (Ordinances 463-466) and
direct staff to send them to Xcel with the understanding that the actual franchise fee amounts will
be added at a later time.
Taking these actions tonight is not an adoption of the ordinances nor is it an enactment of any
fee. Rather, it is simply protecting the rights of the city to enact such ordinances in the future
and preserving the right to collect such franchise fees as soon in 2015 as possible. It is staff's
intent to bring these discussions to the council again several times in the coming months with
various fee options.
page 41
BUDGETIMPACT
The amount generated is dependent on the fee structure, but it is staff's intent (after hearing
earlier council direction) to dedicate any funds collected by this fee towards offsetting debt
service payments or to lower the needed bonding amount for future infrastructure projects.
RECOMMENDATION
Staff recommends that the city council adopt a motion recognizing the attached draft ordinances
463-466 and direct staff to send them to Xcel Energy in accordance with the proposed contract
language.
page 42
ELECTRIC FRANCHISE ORDINANCE
ORDINANCE NO. 463
CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA
AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A
MINNESOTA CORPORATION, D/B/A XCEL ENERGY, ITS SUCCESSORS AND
ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN
THE CITY OF MENDOTA HEIGHTS, MINNESOTA, AN ELECTRIC DISTRIBUTION
SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES,
FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC
ENERGY TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE THE
PUBLIC GROUNDS AND PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES.
THE CITY COUNCIL OF THE CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY,
MINNESOTA, ORDAINS:
SECTION 1. DEFINITIONS.
For purposes of this Ordinance, the following capitalized terms listed in alphabetical order
shall have the following meanings:
1.1 City. The City of Mendota Heights, County of Daktoa, State of Minnesota.
1.2 City Utility System. Facilities used for providing non -energy related public utility
service owned or operated by City or agency thereof, including sewer and water service, but excluding
facilities for providing heating, lighting or other forms of energy.
1.3 Commission. The Minnesota Public Utilities Commission, or any successor agency
or agencies, including an agency of the federal government, which preempts all, or part of the authority
to regulate electric retail rates now vested in the Minnesota Public Utilities Commission.
1.4 Company. Northern States Power Company, a Minnesota corporation, d/b/a Xcel
Energy, its successors and assigns.
1.5 Electric Facilities. Electric transmission and distribution towers, poles, lines, guys,
anchors, conduits, fixtures, and necessary appurtenances owned or operated by Company for the
purpose of providing electric energy for public use.
1.6 Notice. A written notice served by one party on the other party referencing one or
more provisions of this Ordinance. Notice to Company shall be mailed to the General Counsel, 414
Nicollet Mall, 511, Floor, Minneapolis, MN 55401. Notice to the City shall be mailed to the City
Administrator, City Hall, 1101 Victoria Curve, Mendota Heights, MN 55118. Either party may
change its respective address for the purpose of this Ordinance by written notice to the other party.
1.7 Public Ground. Land owned by the City for park, open space or similar purpose,
which is held for use in common by the public.
page 43
1.8 Public Way. Any street, alley, walkway or other public right-of-way within the City.
SECTION 2. ADOPTION OF FRANCHISE.
2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the
date passed and approved by the City, the right to transmit and furnish electric energy for light, heat,
power and other purposes for public and private use within and through the limits of the City as its
boundaries now exist or as they may be extended in the future. For these purposes, Company may
construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public
Grounds and Public Ways of City, subject to the provisions of this Ordinance. Company may do all
reasonable things necessary or customary to accomplish these purposes, subject, however, to such
reasonable regulations as may be imposed by the City pursuant to ordinance and to the further
provisions of this franchise agreement.
2.2 Effective Date: Written Acceptance. This franchise agreement shall be in force and
effect from and after passage of this Ordinance, its acceptance by Company, and its publication as
required by law. The City, by Council resolution, may revoke this franchise agreement if Company
does not file a written acceptance with the City within 90 days after publication.
2.3 Service and Rates. The service to be provided and the rates to be charged by Company
for electric service in City are subject to the jurisdiction of the Commission. The area within the City
in which Company may provide electric service is subject to the provisions of Minnesota Statutes,
Section 21613.40.
2.4 Publication Expense. The expense of publication of this Ordinance -,vill be paid by
City and reimbursed to City by Company.
2.5 Dispute Resolution. If either party asserts that the other party is in default in the
performance of any obligation hereunder, the complaining party shall notify the other party of the
default and the desired remedy. The notification shall be written. Representatives of the parties must
promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not
resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate
further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator
is not used, or if the parties are unable to resolve the dispute within 30 days after first meeting with the
selected mediator, either party may commence an action in District Court to interpret and enforce this
franchise or for such other relief as may be permitted by law or equity for breach of contract, or either
party may take any other action permitted by law.
SECTION 3. LOCATION, OTHER REGULATIONS.
3.1 Location of Facilities. Electric Facilities shall be located, constructed and maintained
so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways
and so as not to disrupt normal operation of any City Utility System previously installed therein.
Electric Facilities shall be located on Public Grounds as determined by the City. Company's
construction, reconstruction, operation, repair, maintenance and location of Electric Facilities shall be
subject to permits if required by separate ordinance and to other reasonable regulations of the City to
the extent not inconsistent with the terms of this franchise agreement. Company may abandon
page 44
underground Electric Facilities in place, provided at the City's request, Company will remove
abandoned metal or concrete encased conduit interfering with a City improvement project, but only to
the extent such conduit is uncovered by excavation as part of the City improvement project.
3.2 Field Locations. Company shall provide field locations for its underground Electric
Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D.
3.3 Street Openings. Company shall not open or disturb any Public Ground or Public
Way for any purpose without first having obtained a permit from the City, if required by a separate
ordinance, for which the City may impose a reasonable fee. Permit conditions imposed on Company
shall not be more burdensome than those imposed on other utilities for similar facilities or work.
Company may, however, open and disturb any Public Ground or Public Way without permission from
the City where an emergency exists requiring the immediate repair of Electric Facilities. In such event
Company shall notify the City by telephone to the office designated by the City as soon as practicable.
Not later than the second working day thereafter, Company shall obtain any required permits and pay
any required fees.
3.4 Restoration. After undertaking any work requiring the opening of any Public Ground
or Public Way, Company shall restore the same, including paving and its foundation, to as good a
condition as formerly existed, and shall maintain any paved surface in good condition for two years
thereafter. The work shall be completed as promptly as weather permits, and if Company shall not
promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put
the Public Ground or Public Way in the said condition, the City shall have, after demand to Company
to cure and the passage of a reasonable period of time following the demand, but not to exceed five
days, the right to make the restoration at the expense of Company. Company shall pay to the City the
cost of such work done for or performed by the City. This remedy shall be in addition to any other
remedy available to the City for noncompliance with this Section 3.4, but the City hereby waives any
requirement for Company to post a construction performance bond, certificate of insurance, letter of
credit or any other form of security or assurance that may be required, under a separate existing or
future ordinance of the City, of a person or entity obtaining the City's permission to install, replace or
maintain facilities in a Public Way.
3.5 Avoid Damage to Electric Facilities. Nothing in this Ordinance relieves any person
from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities
while performing any activity.
3.6 Notice of Improvements. The City must give Company reasonable notice of plans for
improvements to Public Grounds or Public Ways where the City has reason to believe that Electric
Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and
character of the improvements, (ii) the Public Grounds and Public Ways upon which the
improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will
start the work, and (v) if more than one Public Ground or Public Way is involved, the order in which
the work is to proceed. The notice must be given to Company a sufficient length of time in advance of
the actual commencement of the work to permit Company to make any necessary additions, alterations
or repairs to its Electric Facilities.
3.7 Shared Use of Poles. Company shall make space available on its poles or towers for
City fire, water utility, police or other City facilities upon terms and conditions acceptable to Company
page 45
whenever such use will not interfere with the use of such poles or towers by Company, by another
electric utility, by a telephone utility, or by any cable television company or other form of
communication company. In addition, the City shall pay for any added cost incurred by Company
because of such use by City.
SECTION 4. RELOCATIONS.
4.1 Relocation of Electric Facilities in Public Ways. If the City determines to vacate a
Public Way for a City improvement project, or at City's cost to grade, regrade, or change the line of any
Public Way, or construct or reconstruct any City Utility System in any Public Way, it may order
Company to relocate its Electric Facilities located therein if relocation is reasonably necessary to
accomplish the City's proposed public improvement. Except as provided in Section 4.3, Company
shall relocate its Electric Facilities at its own expense. The City shall give Company reasonable notice
of plans to vacate for a City improvement project, or to grade, regrade, or change the line of any Public
Way or to construct or reconstruct any City Utility System. If a relocation is ordered within five years
of a prior relocation of the same Electric Facilities, which was made at Company expense, the City
shall reimburse Company for non -betterment costs on a time and material basis, provided that if a
subsequent relocation is required because of the extension of a City Utility System to a previously
unserved area, Company may be required to make the subsequent relocation at its expense. Nothing in
this Ordinance requires Company to relocate, remove, replace or reconstruct at its own expense its
Electric Facilities where such relocation, removal, replacement or reconstruction is solely for the
convenience of the City and is not reasonably necessary for the construction or reconstruction of a
Public Way or City Utility System or other City improvement.
4.2 Relocation of Electric Facilities in Public Ground. City may require Company, at
Company's expense, to relocate or remove its Electric Facilities from Public Ground upon a finding by
City that the Electric Facilities have become or will become a substantial impairment to the existing or
proposed public use of the Public Ground.
4.3 Projects with Federal Funding. City shall not order Company to remove or relocate
its Electric Facilities when a Public Way is vacated, improved or realigned for a right-of-way project
or any other project which is financially subsidized in whole or in part by the Federal Government
or any agency thereof, unless the reasonable non -betterment costs of such relocation are first paid to
Company. The City is obligated to pay Company only for those portions of its relocation costs for
which City has received federal funding specifically allocated for relocation costs in the amount
requested by the Company, which allocated funding the City shall specifically request. Relocation,
removal or rearrangement of any Company Electric Facilities made necessary because of a federally -
aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, as
supplemented or amended. It is understood that the rights herein granted to Company are valuable
rights.
4.4 No Waiver. The provisions of this franchise apply only to facilities constructed in
reliance on a franchise from the City and shall not be construed to waive or modify any rights obtained
by Company for installations within a Company right-of-way acquired by easement or prescriptive
right before the applicable Public Ground or Public Way was established, or Company's rights under
state or county permit.
page 46
SECTION 5. TREE TRIMMING.
Company may trim all trees and shrubs in the Public Grounds and Public Ways of City to the
extent Company finds necessary to avoid interference with the proper construction, operation, repair
and maintenance of any Electric Facilities installed hereunder, provided that Company shall save the
City harmless from any liability arising therefrom, and subject to permit or other reasonable regulation
by the City.
SECTION 6. INDEMNIFICATION.
6.1 Indemnity of City. Company shall indemnify, keep and hold the City free and
harmless from any and all liability on account of injury to persons or damage to property occasioned by
the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the
Electric Facilities located in the Public Grounds and Public Ways. The City shall not be indemnified
for losses or claims occasioned through its own negligence except for losses or claims arising out of or
alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or
work. The City shall not be indemnified if the injury or damage results from the performance in a
proper manner, of acts reasonably deemed hazardous by Company, and such performance is
nevertheless ordered or directed by City after notice of Company's determination.
6.2 Defense of City. In the event a suit is brought against the City under circumstances
where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City
in such suit if written notice thereof is promptly given to Company within a period wherein Company
is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will
thereafter have control of such litigation, but Company may not settle such litigation without the
consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third
parties, a waiver of any defense or immunity otherwise available to the City and Company, in
defending any action on behalf of the City, shall be entitled to assert in any action every defense or
immunity that the City could assert in its own behalf
SECTION 7. VACATION OF PUBLIC WAYS.
The City shall give Company at least two weeks prior written notice of a proposed vacation of
a Public Way. Except where required for a City improvement project, the vacation of any Public Way,
after the installation of Electric Facilities, shall not operate to deprive Company of its rights to operate
and maintain such Electric Facilities, until the reasonable cost of relocating the same and the loss and
expense resulting from such relocation are first paid to Company. In no case, however, shall City be
liable to Company for failure to specifically preserve a right-of-way under Minnesota Statutes, Section
160.29.
SECTION 8. CHANGE IN FORM OF GOVERNMENT.
Any change in the form of government of the City shall not affect the validity of this
Ordinance. Any governmental unit succeeding the City shall, without the consent of Company,
succeed to all of the rights and obligations of the City provided in this Ordinance.
page 47
SECTION 9. FRANCHISE FEE.
9.1 Fee Schedule. During the term of the franchise hereby granted, and in lieu of any
permit or other fees being imposed on Company, the City may impose on Company a franchise fee
by collecting the amounts indicated in a Fee Schedule set forth in a separate ordinance from each
customer in the designated Company Customer Class. The parties have agreed that the franchise
fee collected by the Company and paid to the City in accordance with this Section 9 shall not exceed
the following amounts.
Class
Residential
Sm C & I — Non -Dem
Sm C & I — Demand
Large C & I
Public Street Ltg
Muni Pumping —N/D
Muni Pumping — Dem
Fee Per Premise Per Month
9.2 Separate Ordinance. The franchise fee shall be imposed by a separate ordinance
duly adopted by the City Council, which ordinance shall not be adopted until at least 90 days after
written notice enclosing such proposed ordinance has been served upon Company by certified mail.
The fee shall not become effective until the beginning of a Company billing month at least 90 days
after written notice enclosing such adopted ordinance has been served upon Company by certified
mail. Section 2.5 shall constitute the sole remedy for solving disputes between Company and the
City in regard to the interpretation of, or enforcement of, the separate ordinance. No action by the
City to implement a separate ordinance will commence until this Ordinance is effective. A separate
ordinance which imposes a lesser franchise fee on the residential class of customers than the
maximum amount set forth in Section 9.1 above shall not be effective against Company unless the
fee imposed on each other customer classification is reduced proportionately in the same or greater
amount per class as the reduction represented by the lesser fee on the residential class.
9.3 Terms Defined. For the purpose of this Section 9, the following definitions apply:
9.3.1 "Customer Class" shall refer to the classes listed on the Fee Schedule and as
defined or determined in Company's electric tariffs on file with the Commission.
9.3.2 "Fee Schedule" refers to the schedule in Section 9.1 setting forth the various
customer classes from which a franchise fee would be collected if a separate ordinance were
implemented immediately after the effective date of this franchise agreement. The Fee Schedule in
the separate ordinance may include new Customer Class added by Company to its electric tariffs
after the effective date of this franchise agreement.
9.4 Collection of the Fee. The franchise fee shall be payable quarterly and shall be based
on the amount collected by Company during complete billing months during the period for which
payment is to be made by imposing a surcharge equal to the designated franchise fee for the applicable
customer classification in all customer billings for electric service in each class. The payment shall be
page 48
due the last business day of the month following the period for which the payment is made. The
franchise fee may be changed by ordinance from time to time; however, each change shall meet the
same notice requirements and not occur more often than annually and no change shall require a
collection from any customer for electric service in excess of the amounts specifically permitted by this
Section 9. The time and manner of collecting the franchise fee is subject to the approval of the
Commission. No franchise fee shall be payable by Company if Company is legally unable to first
collect an amount equal to the franchise fee from its customers in each applicable class of customers by
imposing a surcharge in Company's applicable rates for electric service. Company may pay the City the
fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles,
refunds and correction of erroneous billings. Company agrees to make its records available for
inspection by the City at reasonable times provided that the City and its designated representative agree
in writing not to disclose any information which would indicate the amount paid by any identifiable
customer or customers or any other information regarding identified customers.
9.5 Equivalent Fee Requirement. The separate ordinance imposing the fee shall not be
effective against Company unless it lawfully imposes and the City monthly or more often collects a fee
or tax of the same or greater equivalent amount on the receipts from sales of energy within the City by
any other energy supplier, provided that, as to such a supplier, the City has the authority to require a
franchise fee or to impose a tax. The "same or greater equivalent amount" shall be measured, if
practicable, by comparing amounts collected as a franchise fee from each similar customer, or by
comparing, as to similar customers the percentage of the annual bill represented by the amount
collected for franchise fee purposes. The franchise fee or tax shall be applicable to energy sales for any
energy use related to heating, cooling or lighting, or to run machinery and appliances, but shall not
apply to energy sales for the purpose of providing fuel for vehicles. If the Company specifically
consents in writing to a franchise or separate ordinance collecting or failing to collect a fee from
another energy supplier in contravention of this Section 9.5, the foregoing conditions will be waived to
the extent of such written consent.
SECTION 10. PROVISIONS OF ORDINANCE.
10.1 Severability. Every section, provision, or part of this Ordinance is declared separate
from every other section, provision, or part and if any section, provision, or part shall be held
invalid, it shall not affect any other section, provision, or part. Where a provision of any other City
ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall
prevail.
10.2 Limitation on ApjLhca�bility. This Ordinance constitutes a franchise agreement
between the City and Company as the only parties, and no provision of this franchise shall in any
way inure to the benefit of any third person (including the public at large) so as to constitute any
such person as a third party beneficiary of the agreement or of any one or more of the terms hereof,
or otherwise give rise to any cause of action in any person not a party hereto.
SECTION 11. AMENDMENT PROCEDURE.
Either party to this franchise agreement may at any time propose that the agreement be
amended to address a subject of concern and the other party will consider whether it agrees that the
amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be
amended at any time by the City passing a subsequent ordinance declaring the provisions of the
page 49
amendment, which amendatory ordinance shall become effective upon the filing of Company's
written consent thereto with the City Clerk within 90 days after the date of final passage by the City
of the amendatory ordinance.
SECTION 12. PREVIOUS FRANCHISES SUPERSEDED.
This franchise supersedes any previous electric franchise granted to Company or its
predecessor.
Passed and approved: , 2014.
Attest:
City Clerk
Date Published:
Mayor
page 50
GAS FRANCHISE ORDINANCE
ORDINANCE NO. 464
CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA
AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A
MINNESOTA CORPORATION, D/B/A XCEL ENERGY, ITS SUCCESSORS AND
ASSIGNS, PERMISSION TO ERECT A GAS DISTRIBUTION SYSTEM FOR THE
PURPOSES OF CONSTRUCTING, OPERATING, REPAIRING AND MAINTAINING
IN THE CITY OF MENDOTA HEIGHTS, MINNESOTA, THE NECESSARY GAS
PIPES, MAINS AND APPURTENANCES FOR THE TRANSMISSION OR
DISTRIBUTION OF GAS TO THE CITY AND ITS INHABITANTS AND OTHERS
AND TRANSMITTING GAS INTO AND THROUGH THE CITY AND TO USE THE
PUBLIC GROUNDS AND PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES.
THE CITY COUNCIL OF THE CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY,
MINNESOTA, ORDAINS:
SECTION 1. DEFINITIONS.
For purposes of this Ordinance, the following capitalized terms listed in alphabetical order
shall have the following meanings:
1.1 City. The City of Mendota Heights, County of Daktoa, State of Minnesota.
1.2 City Utility System. Facilities used for providing non -energy related public utility
service owned or operated by City or agency thereof, including sewer and water service, but excluding
facilities for providing heating, lighting or other forms of energy.
1.3 Commission. The Minnesota Public Utilities Commission, or any successor agency
or agencies, including an agency of the federal government, which preempts all, or part of the authority
to regulate Gas retail rates now vested in the Minnesota Public Utilities Commission.
1.4 Company. Northern States Power Company, a Minnesota corporation, d/b/a Xcel
Energy, its successors and assigns.
1.5 Gas. "Gas" as used herein shall be held to include natural gas, manufactured gas, or
other form of gaseous energy.
1.6 Gas Facilities. Pipes, mains, regulators, and other facilities owned or operated by
Company for the purpose of providing gas service for public use.
1.7 Notice. A written notice served by one party on the other party referencing one or
more provisions of this Ordinance. Notice to Company shall be mailed to the General Counsel, 414
Nicollet Mall, 511, Floor, Minneapolis, MN 55401. Notice to the City shall be mailed to the City
Administrator, City Hall, 1101 Victoria Curve, Mendota Heights, MN 55118. Either party may
change its respective address for the purpose of this Ordinance by written notice to the other party.
page 51
1.8 Public Ground. Land owned by the City for park, open space or similar purpose,
which is held for use in common by the public.
1.9 Public Way. Any street, alley, walkway or other public right-of-way within the City.
SECTION 2. ADOPTION OF FRANCHISE.
2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the
date passed and approved by the City, the right to transmit and furnish Gas energy for light, heat,
power and other purposes for public and private use within and through the limits of the City as its
boundaries now exist or as they may be extended in the future. For these purposes, Company may
construct, operate, repair and maintain Gas Facilities in, on, over, under and across the Public Grounds
and Public Ways of City, subject to the provisions of this Ordinance. Company may do all reasonable
things necessary or customary to accomplish these purposes, subject, however, to such reasonable
regulations as may be imposed by the City pursuant to ordinance and to the further provisions of this
franchise agreement.
2.2 Effective Date: Written Acceptance. This franchise agreement shall be in force and
effect from and after passage of this Ordinance, its acceptance by Company, and its publication as
required by law. The City by Council resolution may revoke this franchise agreement if Company does
not file a written acceptance with the City within 90 days after publication.
2.3 Service and Rates. The service to be provided and the rates to be charged by Company
for Gas service in City are subject to the jurisdiction of the Commission.
2.4 Publication Expense. The expense of publication of this Ordinance will be paid by
City and reimbursed to City by Company.
2.5 Dispute Resolution. If either party asserts that the other party is in default in the
performance of any obligation hereunder, the complaining party shall notify the other party of the
default and the desired remedy. The notification shall be written. Representatives of the parties must
promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not
resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate
further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator
is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the
selected mediator, either party may commence an action in District Court to interpret and enforce this
franchise or for such other relief as may be permitted by law or equity for breach of contract, or either
party may take any other action permitted by law.
SECTION 3. LOCATION, OTHER REGULATIONS.
3.1 Location of Facilities. Gas Facilities shall be located, constructed and maintained so as
not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so
as not to disrupt normal operation of any City Utility System previously installed therein. Gas Facilities
shall be located on Public Grounds as determined by the City. Company's construction,
reconstruction, operation, repair, maintenance and location of Gas Facilities shall be subject to permits
if required by separate ordinance and to other reasonable regulations of the City to the extent not
page 52
inconsistent with the terms of this franchise agreement. Company may abandon underground gas
facilities in place, provided, at City's request, Company will remove abandoned metal pipe interfering
with a City improvement project, but only to the extent such metal pipe is uncovered by excavation as
part of the City's improvement project.
3.2 Field Locations. Company shall provide field locations for its underground Gas
Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D.
3.3 Street Openings. Company shall not open or disturb any Public Ground or Public
Way for any purpose without first having obtained a permit from the City, if required by a separate
ordinance, for which the City may impose a reasonable fee. Permit conditions imposed on Company
shall not be more burdensome than those imposed on other utilities for similar facilities or work.
Company may, however, open and disturb any Public Ground or Public Way without permission from
the City where an emergency exists requiring the immediate repair of Gas Facilities. In such event
Company shall notify the City by telephone to the office designated by the City as soon as practicable.
Not later than the second working day thereafter, Company shall obtain any required permits and pay
any required fees.
3.4 Restoration. After undertaking any work requiring the opening of any Public Ground
or Public Way, Company shall restore the same, including paving and its foundation, to as good a
condition as formerly existed, and shall maintain any paved surface in good condition for two years
thereafter. The work shall be completed as promptly as weather permits, and if Company shall not
promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put
the Public Ground or Public Way in the said condition, the City shall have, after demand to Company
to cure and the passage of a reasonable period of time following the demand, but not to exceed five
days, the right to make the restoration at the expense of Company. Company shall pay to the City the
cost of such work done for or performed by the City. This remedy shall be in addition to any other
remedy available to the City for noncompliance with this Section 3.4, but the City hereby waives any
requirement for Company to post a construction performance bond, certificate of insurance, letter of
credit or any other form of security or assurance that may be required, under a separate existing or
future ordinance of the City, of a person or entity obtaining the City's permission to install, replace
or maintain facilities in a Public Way.
3.5 Avoid Damage to Gas Facilities. Nothing in this Ordinance relieves any person from
liability arising out of the failure to exercise reasonable care to avoid damaging Gas Facilities while
performing any activity.
3.6 Notice of Improvements. The City must give Company reasonable notice of plans for
improvements to Public Grounds or Public Ways where the City has reason to believe that Gas
Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and
character of the improvements, (ii) the Public Grounds and Public Ways upon which the
improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will
start the work, and (v) if more than one Public Ground or Public Way is involved, the order in which
the work is to proceed. The notice must be given to Company a sufficient length of time in advance of
the actual commencement of the work to permit Company to make any necessary additions, alterations
or repairs to its Gas Facilities.
page 53
SECTION 4. RELOCATIONS.
4.1 Relocation of Gas Facilities in Public Ways. If the City determines to vacate a Public
Way for a City improvement project, or at City's cost to grade, regrade, or change the line of any Public
Way, or construct or reconstruct any City Utility System in any Public Way, it may order Company to
relocate its Gas Facilities located therein if relocation is reasonably necessary to accomplish the City's
proposed public improvement. Except as provided in Section 4.3, Company shall relocate its Gas
Facilities at its own expense. The City shall give Company reasonable notice of plans to vacate for a
City improvement project, or to grade, regrade, or change the line of any Public Way or to construct or
reconstruct any City Utility System. If a relocation is ordered within five years of a prior relocation of
the same Gas Facilities, which was made at Company expense, the City shall reimburse Company for
Non -Betterment Costs on a time and material basis, provided that if a subsequent relocation is required
because of the extension of a City Utility System to a previously unserved area, Company may be
required to make the subsequent relocation at its expense. Nothing in this Ordinance requires
Company to relocate, remove, replace or reconstruct at its own expense its Gas Facilities where such
relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not
reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or
other City improvement.
4.2 Relocation of Gas Facilities in Public Ground. City may require Company at
Company's expense to relocate or remove its Gas Facilities from Public Ground upon a finding by
City that the Gas Facilities have become or will become a substantial impairment to the existing or
proposed public use of the Public Ground.
4.3 Projects with Federal Funding. City shall not order Company to remove or relocate
its Gas Facilities when a Public Way is vacated, improved or realigned for a right-of-way project or
any other project which is financially subsidized in whole or in part by the Federal Government or
any agency thereof, unless the reasonable non -betterment costs of such relocation are first paid to
Company. The City is obligated to pay Company only for those portions of its relocation costs for
which City has received federal funding specifically allocated for relocation costs in the amount
requested by the Company, which allocated funding the City shall specifically request. Relocation,
removal or rearrangement of any Company Gas Facilities made necessary because of a federally -
aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, as
supplemented or amended. It is understood that the rights herein granted to Company are valuable
rights.
4.4 No Waiver. The provisions of this franchise apply only to facilities constructed in
reliance on a franchise from the City and shall not be construed to waive or modify any rights obtained
by Company for installations within a Company right-of-way acquired by easement or prescriptive
right before the applicable Public Ground or Public Way was established, or Company's rights under
state or county permit.
SECTION 5. TREE TRIMMING.
Company is also granted the permission and authority to trim all shrubs and trees, including
roots, in the Public Ways of City to the extent Company finds necessary to avoid interference with the
proper construction, operation, repair and maintenance of Gas Facilities, provided that Company shall
save City harmless from any liability in the premises.
page 54
SECTION 6. INDEMNIFICATION.
6.1 Indemnity of City. Company shall indemnify, keep and hold the City free and
harmless from any and all liability on account of injury to persons or damage to property occasioned by
the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Gas
Facilities located in the Public Grounds and Public Ways. The City shall not be indemnified for losses
or claims occasioned through its own negligence except for losses or claims arising out of or alleging
the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. The
City shall not be indemnified if the injury or damage results from the performance in a proper manner
of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or
directed by City after notice of Company's determination.
6.2 Defense of City. In the event a suit is brought against the City under circumstances
where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City
in such suit if written notice thereof is promptly given to Company within a period wherein Company
is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will
thereafter have control of such litigation, but Company may not settle such litigation without the
consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third
parties, a waiver of any defense or immunity otherwise available to the City and Company, in
defending any action on behalf of the City shall be entitled to assert in any action every defense or
immunity that the City could assert in its own behalf
SECTION 7. VACATION OF PUBLIC WAYS.
The City shall give Company at least two weeks prior written notice of a proposed vacation of
a Public Way. Except where required for a City improvement project, the vacation of any Public Way,
after the installation of Gas Facilities, shall not operate to deprive Company of its rights to operate and
maintain such Gas Facilities, until the reasonable cost of relocating the same and the loss and expense
resulting from such relocation are first paid to Company. In no case, however, shall City be liable to
Company for failure to specifically preserve a right-of-way under Minnesota Statutes, Section 160.29.
SECTION 8. CHANGE IN FORM OF GOVERNMENT.
Any change in the form of government of the City shall not affect the validity of this
Ordinance. Any governmental unit succeeding the City shall, without the consent of Company,
succeed to all of the rights and obligations of the City provided in this Ordinance.
SECTION 9. FRANCHISE FEE.
9.1 Fee Schedule. During the term of the franchise hereby granted, and in lieu of any
permit or other fees being imposed on the Company, the City may impose on the Company a
franchise fee by collecting the amounts indicated in a Fee Schedule set forth in a separate ordinance
from each customer in the designated Company Customer Class. The parties have agreed that the
franchise fee collected by the Company and paid to the City in accordance with this Section 9 shall not
exceed the following amounts:
page 55
Class
Fee Per Premise Per Month
Residential $
Commercial Firm Non -Demand $
Commercial Firm Demand $
Small Interruptible $
Medium and Large Interruptible $
Firm Transportation $
Interruptible Transportation $
9.2 Separate Ordinance. The franchise fee shall be imposed by a separate ordinance duly
adopted by the City Council, which ordinance shall not be adopted until at least 90 days after written
notice enclosing such proposed ordinance has been served upon Company by certified mail. The fee
shall not become effective until the beginning of a Company billing month at least 90 days after
written notice enclosing such adopted ordinance has been served upon Company by certified mail.
Section 2.5 shall constitute the sole remedy for solving disputes between Company and the City in
regard to the interpretation of, or enforcement of, the separate ordinance. No action by the City to
implement a separate ordinance will commence until this Ordinance is effective. A separate ordinance
which imposes a lesser franchise fee on the residential class of customers than the maximum amount
set forth in Section 8.1 above shall not be effective against Company unless the fee imposed on each
other customer classification is reduced proportionately in the same or greater amount per class as the
reduction represented by the lesser fee on the residential class.
9.3 Collection of the Fee. The franchise fee shall be payable quarterly and shall be based
on the amount collected by Company during complete billing months during the period for which
payment is to be made by imposing a surcharge equal to the designated franchise fee for the applicable
customer classification in all customer billings for gas service in each class. The payment shall be due
the last business day of the month following the period for which the payment is made. The franchise
fee may be changed by ordinance from time to time; however, each change shall meet the same notice
requirements and not occur more often than annually and no change shall require a collection from
any customer for gas service in excess of the amounts specifically permitted by this Section 9. The
time and manner of collecting the franchise fee is subject to the approval of the Commission. No
franchise fee shall be payable by Company if Company is legally unable to first collect an amount equal
to the franchise fee from its customers in each applicable class of customers by imposing a surcharge in
Company's applicable rates for gas service. Company may pay the City the fee based upon the
surcharge billed subject to subsequent reductions to account for uncollectibles, refunds and correction
of erroneous billings. Company agrees to make its records available for inspection by the City at
reasonable times provided that the City and its designated representative agree in writing not to
disclose any information which would indicate the amount paid by any identifiable customer or
customers or any other information regarding identified customers.
9.4 Terms Defined.
9.4.1 "Customer Class" shall refer to classes listed in the Fee Schedule and as
defined or determined in Company's gas rate book on file with the
Commission.
page 56
9.4.2 "Fee Schedule" refers to the Schedule in Section 9.1 setting forth the various
customer classes from which a franchise fee would be collected if a separate
ordinance were implemented immediately after the effective date of this
franchise agreement. The Fee Schedule in the separate ordinance may include
new Customer Classes added by the Company to its gas tariffs after the
effective date of this franchise agreement.
9.4.3 Therm shall be a unit of gas providing 100,000 Btu of heat content adjusted for
billing purposes under the rate schedules of Company on file with the
Commission.
9.5 Equivalent Fee Requirement The separate ordinance imposing the fee shall not be
effective against Company unless it lawfully imposes and the City monthly or more often collects a fee
or tax of the same or greater equivalent amount on the receipts from sales of energy within the City by
any other energy supplier, provided that, as to such a supplier, the City has the authority to require a
franchise fee or to impose a tax. The "same or greater equivalent amount" shall be measured, if
practicable, by comparing amounts collected as a franchise fee from each similar customer, or by
comparing, as to similar customers the percentage of the annual bill represented by the amount
collected for franchise fee purposes. The franchise fee or tax shall be applicable to energy sales for any
energy use related to heating, cooling or lighting, or to run machinery and appliances, but shall not
apply to energy sales for the purpose of providing fuel for vehicles. If the Company specifically
consents in writing to a franchise or separate ordinance collecting or failing to collect a fee from
another energy supplier in contravention of this Section 9.5, the foregoing conditions will be waived to
the extent of such written consent.
SECTION 10. PROVISIONS OF ORDINANCE.
10.1 Severability. Every section, provision, or part of this Ordinance is declared separate
from every other section, provision, or part and if any section, provision, or part shall be held
invalid, it shall not affect any other section, provision, or part. Where a provision of any other City
ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall
prevail.
10.2 Limitation on Apt�fica�bility. This Ordinance constitutes a franchise agreement
between the City and Company as the only parties and no provision of this franchise shall in any
way inure to the benefit of any third person (including the public at large) so as to constitute any
such person as a third party beneficiary of the agreement or of any one or more of the terms hereof,
or otherwise give rise to any cause of action in any person not a party hereto.
page 57
SECTION 11. AMENDMENT PROCEDURE.
Either party to this franchise agreement may at any time propose that the agreement be
amended to address a subject of concern and the other party will consider whether it agrees that the
amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be
amended at any time by the City passing a subsequent ordinance declaring the provisions of the
amendment, which amendatory ordinance shall become effective upon the filing of Company's
written consent thereto with the City Clerk within 90 days after the date of final passage by the City
of the amendatory ordinance.
SECTION 12. PREVIOUS FRANCHISES SUPERSEDED.
This franchise supersedes any previous Gas franchise granted to Company or its predecessor.
Passed and approved: .2014.
Attest:
City Clerk
Date Published:
Mayor
page 58
ORDINANCE NO. 465
AN ORDINANCE IMPLEMENTING AN ELECTRIC SERVICE FRANCHISE FEE ON
NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, D/B/A XCEL
ENERGY, ITS SUCCESSORS AND ASSIGNS, FOR PROVIDING ELECTRIC SERVICE WITHIN
THE CITY OF MENDOTA HEIGHTS.
THE CITY COUNCIL OF THE CITY OF MENDOTA HEIGHTS DOES ORDAIN:
SECTION 1. The City of Mendota Heights Municipal Code is hereby amended to include reference to the
following Special Ordinance.
Subdivision 1. Purpose. The Mendota Heights City Council has determined that it is in the best
interest of the City to impose a franchise fee on those public utility companies that provide electric services
within the City of Mendota Heights.
(a) Pursuant to City Ordinance , a Franchise Agreement between the City of and
Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy, its successors
and assigns, the City has the right to impose a franchise fee on Northern States Power
Company, a Minnesota corporation, d/b/a Xcel Energy, its successors and assigns, in an
amount and fee design as set forth in Section 9 of the Northern States Power Company
Franchise and in the fee schedule attached hereto as Schedule A.
Subdivision 2. Franchise Fee Statement. A franchise fee is hereby imposed on Northern
States Power Company, a Minnesota Corporation, d/b/a Xcel Energy, its successors and assigns, under its
electric franchise in accordance with the schedule attached here to and made a part of this Ordinance,
commencing with the Xcel Energy , 20_ billing month.
This fee is an account -based fee on each premise and not a meter -based fee. In the event that an
entity covered by this ordinance has more than one meter at a single premise, but only one account, only
one fee shall be assessed to that account. If a premise has two or more meters being billed at different
rates, the Company may have an account for each rate classification, which will result in more than one
franchise fee assessment for electric service to that premise. If the Company combines the rate
classifications into a single account, the franchise fee assessed to the account will be the largest franchise
fee applicable to a single rate classification for energy delivered to that premise. In the event any entities
covered by this ordinance have more than one premise, each premise (address) shall be subject to the
appropriate fee. In the event a question arises as to the proper fee amount for any premise, the
Company's manner of billing for energy used at all similar premises in the city will control.
Subdivision 3. Payment. The said franchise fee shall be payable to the City in accordance
with the terms set forth in Section 9.4 of the Franchise.
Subdivision 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission
may allow Company to add a surcharge to customer rates of city residents to reimburse Company for the
cost of the fee.
page 59
Subdivision 5. Enforcement. Any dispute, including enforcement of a default regarding
this ordinance will be resolved in accordance with Section 2.5 of the Franchise Agreement.
Subdivision 6. Effective Date of Franchise Fee. The effective date of this Ordinance shall be
after its publication and ninety (90) days after the sending of written notice enclosing a copy of this adopted
Ordinance to Xcel Energy by certified mail. Collection of the fee shall commence as provided above.
Passed and approved: 12014.
Attest:
City Clerk
SEAL
Mayor
SCHEDULE A
Franchise Fee Rates:
Electric Utility
page 60
The franchise fee shall be in an amount determined by applying the following schedule per customer
premise/per month based on metered service to retail customers within the City:
Class
Residential
Sm C & I — Non -Dem
Sm C & I — Demand
Large C & I
Public Street Ltg
Muni Pumping —N/D
Muni Pumping — Dem
Amount per month
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Franchise fees are to be collected by the Utility at the rate listed below, and submitted to the City on a
quarterly basis as follows:
January — March collections due by April 30.
April — June collections due by July 31.
July — September collections due by October 31.
October — December collections due by January 31.
page 61
ORDINANCE NO. 466
AN ORDINANCE IMPLEMENTING A GAS SERVICE FRANCHISE FEE ON NORTHERN
STATES POWER COMPANY, A MINNESOTA CORPORATION, D/B/A XCEL ENERGY, ITS
SUCCESSORS AND ASSIGNS, FOR PROVIDING GAS SERVICE WITHIN THE CITY OF
MENDOTA HEIGHTS.
THE CITY COUNCIL OF THE CITY OF MENDOTA HEIGHTS DOES ORDAIN:
SECTION 1. The City of Mendota Heights Municipal Code is hereby amended to include reference to the
following Special Ordinance.
Subdivision 1. Purpose. The Mendota Heights City Council has determined that it is in the best
interest of the City to impose a franchise fee on those public utility companies that provide natural gas
services within the City of Mendota Heights.
(a) Pursuant to City Ordinance , a Franchise Agreement between the City of Mendota
Heights and Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy, its
successors and assigns, the City has the right to impose a franchise fee on Northern States
Power Company, a Minnesota corporation, d/b/a Xcel Energy, its successors and assigns, in an
amount and fee design as set forth in Section 9 of the Northern States Power Company
Franchise and in the fee schedule attached hereto as Schedule A.
Subdivision 2. Franchise Fee Statement. A franchise fee is hereby imposed on Northern
States Power Company, a Minnesota Corporation, d/b/a Xcel Energy, its successors and assigns, under its
gas franchise in accordance with the schedule attached here to and made a part of this Ordinance,
commencing with the Xcel Energy 12013 billing month.
This fee is an account -based fee on each premise and not a meter -based fee. In the event that an
entity covered by this ordinance has more than one meter at a single premise, but only one account, only
one fee shall be assessed to that account. If a premise has two or more meters being billed at different
rates, the Company may have an account for each rate classification, which will result in more than one
franchise fee assessment for electric service to that premise. If the Company combines the rate
classifications into a single account, the franchise fee assessed to the account will be the largest franchise
fee applicable to a single rate classification for energy delivered to that premise. In the event any entities
covered by this ordinance have more than one premise, each premise (address) shall be subject to the
appropriate fee. In the event a question arises as to the proper fee amount for any premise, the
Company's manner of billing for energy used at all similar premises in the city will control.
Subdivision 3. Payment. The said franchise fee shall be payable to the City in accordance
with the terms set forth in Section 9 of the Franchise.
Subdivision 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission
may allow Company to add a surcharge to customer rates of city residents to reimburse Company for the
cost of the fee.
Subdivision 5. Enforcement. Any dispute, including enforcement of a default regarding
this ordinance will be resolved in accordance with Section 2.5 of the Franchise Agreement.
page 62
Subdivision 6. Effective Date of Franchise Fee. The effective date of this Ordinance shall be
after its publication and ninety (90) days after the sending of written notice enclosing a copy of this adopted
Ordinance to Xcel Energy by certified mail. Collection of the fee shall commence as provided in above.
Passed and approved: 12014.
Attest:
City Clerk
SEAL
SCHEDULE A
Franchise Fee Rates:
Gas Utility
Mayor
page 63
The franchise fee shall be in an amount determined by applying the following schedule per customer
premise/per month based on metered service to retail customers within the City:
Class
Residential
Commercial Non -Demand
Commercial Firm Demand
Small Interruptible
Medium and Large Interruptible
Firm Transportation
Interruptible Transportation
Amount per month
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Franchise fees are to be collected by the Utility at the rate listed below, and submitted to the City on a
quarterly basis as follows:
January — March collections due by April 30.
April — June collections due by July 31.
July — September collections due by October 31.
October — December collections due by January 31.
page 64
7b.
1101 Victoria Curve I Mendota Heights, MN 53 Ile
651.452.1850 phone 1 651.452.8940 fax
www.mendota-helghts.com
CITY OF
MENDOTA HEIGHTS
DATE: July 1, 2014
TO: Mayor, City Council and City Administrator
FROM: Nolan Wall, AICP
Planner
SUBJECT: Resolution Denying a Lot Split, Lot Width Variance, Detached Garage Size Variance, and
Wetlands Permit
BACKGROUND
The applicants reside at 677 4' Avenue and have applied for a lot split, lot width variance, detached garage size variance,
and wetlands permit to subdivide the parcel in order to construct a new single-family dwelling. The subject parcel is 1.19
acres and contains an existing single-family dwelling with an attached garage, a 1,064 -square foot detached garage, and an
accessory structure. The parcel is zoned R-1 and guided for low density residential development.
The subject parcel was formerly two lots containing two dwellings. The applicant was required to combine the lots in order
to demolish the dwelling on the easterly lot, so as not to create a nonconformity with accessory structures without a principal
structure. It is the applicant's desire to maintain the existing detached garage on Parcel A, as shown on the survey map, and
demolish the existing accessory structure.
The applicant initially applied for a lot split to create a new 15,055 -square foot lot with 100 feet of frontage and a
noncompliant side lot line (as included on the survey as part of the 05.27.14 Staff Report). Staff presented alternative
options for the applicant and Planning Commission to discuss at the May 27 meeting and tabled the discussion to consider
an amended application. The amended application included a variance request from the 100 -foot lot width requirement in
order to comply with the side lot line requirements.
The existing detached garage is oversized by 64 square feet (6%), based on the recently amended Code requirements for
parcels between 0.75 and 1.5 acres, and requires a variance to remain on Parcel A of the proposed subdivision. In addition,
the subject parcel is within 100 feet of a wetland or water resource -related area. If approvals for the subdivision and variance
requests are granted, a wetlands permit would be required prior to construction of a new dwelling. As a result, Staff
recommended the applicant also include a wetlands permit as part of the application submittal.
The Planning Commission conducted public hearings at the May 27 and June 24 meetings. The only public comments were
in support of the request from surrounding property owners.
BUDGETIMPACT
N/A
RECOMMENDATION
The Planning Commission recommended denial of the four requests included in the application submittal, as described in
Planning Case 2014-13. If the City Council desires to implement the recommendation, pass a motion adopting
RESOLUTION 2014-38 RESOLUTION DENYING A LOT SPLIT, LOT WIDTH VARIANCE, DETACHED GARAGE
SIZE VARIANCE, AND WETLANDS PERMIT.
This matter requires a simple majority vote.
page 65
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2014-38
RESOLUTION DENYING A LOT SPLIT, LOT WIDTH VARIANCE, DETACHED
GARAGE SIZE VARIANCE, AND WETLANDS PERMIT
WHEREAS, Ken and Mary Kay Noack have applied for a lot split, lot width variance,
detached garage size variance, and wetlands permit to subdivide the parcel at 677 4" Avenue in
order to construct a single-family dwelling (PID#: 27-69703-07-082, SMITH TT SUBDIVISION
NO. 4, LOTS 3 THRU 8 BLOCK 7 & PRT OF VAC 20 FT ALLEY ACCRUING THERETO, LOT
8, BLOCK 7) as proposed in Planning Case 2014-13; and
WHEREAS, the Mendota Heights Planning Commission held a public hearing on this
matter at their regular meetings on May 27 and June 24, 2014.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the lot
split, lot width variance, detached garage size variance, and wetlands permit requests as proposed in
Planning Case 2014-13 are hereby denied with the following findings of fact:
1. The proposed subdivision does not meet the lot width standards and is not in harmony with
the general purposes and intent of the Code.
2. The practical difficulties associated with the lot width variance request are not unique to the
property. They are created by the applicant's desire to maintain the existing detached garage
on Parcel A, which resulted from the required lot combination in order to demolish the
former dwelling on Parcel B.
3. The applicant has other options for subdividing the subject parcel in compliance with the
Code.
4. In order to facilitate a compliant subdivision of the subject parcel and eliminate the need for
the variance requests, the existing detached garage can be demolished and reconstructed on
Parcel A in compliance with the Code requirements.
5. The detached garage size variance and wetlands permit requests are no longer relevant if the
proposed subdivision and lot width variance requests are not approved.
Adopted by the City Council of the City of Mendota Heights this first day of July, 2014.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Sandra Krebsbach, Mayor
ATTEST:
Lorri Smith, City Clerk
page 66
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2014-38 (ALTERNATE)
RESOLUTION APPROVING A LOT SPLIT, LOT WIDTH VARIANCE, DETACHED
GARAGE SIZE VARIANCE, AND WETLANDS PERMIT
WHEREAS, Ken and Mary Kay Noack have applied for a lot split, lot width variance,
detached garage size variance, and wetlands permit to subdivide the parcel at 677 4th Avenue in
order to construct a single-family dwelling (PID#: 27-69703-07-082, SMITH TT SUBDIVISION
NO. 4, LOTS 3 THRU 8 BLOCK 7 & PRT OF VAC 20 FT ALLEY ACCRUING THERETO, LOT
8, BLOCK 7) as proposed in Planning Case 2014-13; and
WHEREAS, the Mendota Heights Planning Commission held a public hearing on this
matter at their regular meetings on May 27 and June 24, 2014.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the lot
split, lot width variance, detached garage size variance, and wetlands permit requests as proposed in
Planning Case 2014-13 are hereby approved with the following findings of fact:
1. The proposed subdivision would create two parcels that are compliant with the R-1 Zoning
District lot size and setback standards.
2. The newly -created parcel would be larger than the original platted 66 -foot wide lot in the
same location and construction of a new dwelling on a 70 -foot wide Parcel B would result in
the same density of development along 4th Avenue as a 100 -foot wide lot.
3. The surrounding neighborhood contains numerous lots that are legally nonconforming with
the existing 100 -foot lot width standard, some as narrow as 60 feet.
4. The existing detached garage is a legal nonconforming structure and pre -dates the recent
Code amendment.
5. The proposed subdivision would allow Parcel A to maintain the ability to contain a 1,000 -
square foot detached garage with a conditional use permit.
6. The existing 1,064 -square foot detached garage structure meets the purposes and intent of the
Code and Comprehensive Plan and will not alter the essential character of the neighborhood.
7. The construction of a dwelling on Parcel B would have no negative impacts on the
surrounding wetland/water resource -related area.
BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the lot split, lot
width variance, detached garage size variance, and wetlands permit requests as proposed in Planning
Case 2014-13 are hereby approved with the following conditions:
1. A building permit be obtained prior to construction of a new dwelling.
2. The existing accessory structure is demolished, as noted on the survey included in the
application submittal.
3. The applicant shall dedicate 10 -foot wide drainage and utility easements along the front
property lines and 5 -foot wide drainage and utility easements along the side and rear property
lines to be denoted on the map submitted to Dakota County.
4. Park dedication fee in the amount of $2,700, in lieu of land, is collected after City Council
approval and before issuance of any additional permits by the City.
5. Connection charges for sanitary sewer and water main shall be paid prior to issuance of a
building permit.
page 67
6. The applicant shall submit grading and utility plans and a dimensioned site plan with
associated easements, subject to review and approval by the City Engineering Department as
part of any building permit application.
7. Any land disturbance activities must be in compliance with the City's Land Disturbance
Guidance document.
Adopted by the City Council of the City of Mendota Heights this first day of July, 2014.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Sandra Krebsbach, Mayor
ATTEST:
Lorri Smith, City Clerk
page 68
1101 Victoria Curve I Mendota Heights, MN 55118
651.452.1850 phone 1 651.452.8940 fax
www.mendota-heights.com ,
CITY OF
MENDIDTA HEIGHTS
DATE:
June 24, 2014
TO:
Planning Commission
FROM:
Nolan Wall, AICP
Planner
SUBJECT:
Planning Case 2014-13
Subdivision Request for a Lot Split, Lot Width and Detached Garage
Size Variances, and Wetlands Permit
APPLICANT:
Ken and Mary Kay Noack
PROPERTY ADDRESS:
677 4' Avenue
ZONING/GUIDED:
R-1 One Family Residential/LR Low Density Residential
ACTION DEADLINE:
August 26, 2014
DESCRIPTION OF THE REQUEST
The applicant is seeking approval to subdivide the existing parcel at 677 4' Avenue into two parcels and is
requesting variances from the lot width and detached garage size standards. In addition, if the subdivision
and variance requests were to be approved, the applicant is also seeking a wetlands permit to construct a
dwelling on the new parcel.
BACKGROUND
The subject parcel is approximately 1.19 acres and contains a single-family dwelling with an attached
garage, a 1,064 -square foot detached garage, and an accessory structure. The parcel is zoned R-1 One
Family Residential and guided for low density residential development. The applicant is proposing to
subdivide the subject parcel to create an additional parcel to construct a single-family dwelling in the future.
The subject parcel was formerly two lots containing two dwellings. The applicant was required to combine
the lots in order to demolish the dwelling on the easterly lot, so as not to create a nonconformity with an
accessory structure without a principal structure. It is the applicant's desire to maintain the existing
detached garage on Parcel A, as shown on the survey map, and demolish the existing accessory structure.
The applicant originally applied for a subdivision to create a new 15,055 -square foot lot with 100 feet of
frontage and a noncompliant side lot line. The Planning Commission discussed other options available to
the applicant and tabled the discussion to consider an amended application. The applicant is now seeking
a variance from the 100 -foot lot width requirement in order to comply with the side lot line requirements.
The City Council recently amended the Code to allow an additional detached garage for dwellings with an
attached garage, based on compliance with certain lot and structure size requirements. The existing
detached garage exceeds the allowable size standards and requires a variance to remain on Parcel A in
compliance with the Code if a subdivision is approved.
In addition, the subject parcel is within 100 feet of a wetland or water resource -related area. If approvals
for the subdivision and variance requests were to be granted, a wetlands permit would be required prior to
page 69
construction of a new dwelling. As a result, Staff recommended the applicant also include a wetlands
permit as part of the application submittal.
ANALYSIS
Lot Split
Title 11-3-2 of the Code (Subdivision Ordinance) allows the subdivision of parcels, provided that the
resulting lots are compliant with the requirements of the applicable zoning district. According to the survey
map included as part of the application submittal, and shown in the table below, Parcel B does not meet the
lot width requirements and requires a variance. However, the lot size and setback requirements are met for
both parcels.
*final front yard setback to be determined and confirmed during the building permit application review
**measurements based on proposed 2,640 sq. ft. building pad as shown on the survey map — future dwelling could be
located anywhere within the proposed area
Lot Width Variance
The applicant has amended the original subdivision application, which proposed to create a 100 -foot wide
lot with a noncompliant side lot line, to create a 70 -foot wide lot with compliant side lot lines. The amended
request requires a variance from the minimum lot width standard in the R-1 District for Parcel B in order
to accommodate the existing detached garage structure on Parcel A. When considering a variance for the
reduced lot width, the City is required to find that:
1. The request is in harmony with the general purposes and intent of the ordinance and comprehensive
plan and the applicant proposes to use the property in a reasonable manner.
Single-family residential dwellings on both parcels and a detached garage on Parcel A are reasonable uses
of the properties and are compliant with the Comprehensive Plan. Title 11-3-2(D) of the Code requires that
"every lot must the have the minimum frontage as required in the zoning ordinance on a city -approved
street other than an alley. " As noted, the minimum lot width for a newly -created lot in the R-1 District is
100 feet.
2. The applicant establishes there are practical difficulties with complying with the ordinance due to
circumstances that are unique to the property which are not created by the applicant or based on
economic considerations.
The practical difficulties of this request are not unique to the property and are created by the applicant. The
lot combination which created the existing 1.19 -acre subject parcel was required in order to demolish the
former dwelling located on the proposed Parcel B, which originally contained the existing detached garage.
The applicant's request for a variance to create a 70 -foot wide lot is driven by the desire to have the garage
remain on Parcel A.
Removal and reconstruction, or relocation, of the existing detached garage farther onto Parcel A is an option
to avoid the lot width variance request. According to the applicant, the structure is not able to be relocated
Standard
Parcel A
Parcel B
Lot Area
15,000 sq. ft.
32,900 sq. ft.
18,922 sq. ft.
(0.34 acres)
(0.76 acres)
(0.43 acres)
Lot Width
100 ft.
179.27 ft.
70 ft.
Front Yard Setback
30 ft.
30 ft. (approx.)
33 ft.*
Side Yard Setback
10 ft. (up to 15' depending on
75 ft. (dwelling)
10 ft.**
structure height)
10.3 ft. (garage)
Rear Yard
30 ft. or 20% of the average lot
70 ft. (dwelling)
190 ft.
depth (whichever is eater)
170 ft. (garage)
*final front yard setback to be determined and confirmed during the building permit application review
**measurements based on proposed 2,640 sq. ft. building pad as shown on the survey map — future dwelling could be
located anywhere within the proposed area
Lot Width Variance
The applicant has amended the original subdivision application, which proposed to create a 100 -foot wide
lot with a noncompliant side lot line, to create a 70 -foot wide lot with compliant side lot lines. The amended
request requires a variance from the minimum lot width standard in the R-1 District for Parcel B in order
to accommodate the existing detached garage structure on Parcel A. When considering a variance for the
reduced lot width, the City is required to find that:
1. The request is in harmony with the general purposes and intent of the ordinance and comprehensive
plan and the applicant proposes to use the property in a reasonable manner.
Single-family residential dwellings on both parcels and a detached garage on Parcel A are reasonable uses
of the properties and are compliant with the Comprehensive Plan. Title 11-3-2(D) of the Code requires that
"every lot must the have the minimum frontage as required in the zoning ordinance on a city -approved
street other than an alley. " As noted, the minimum lot width for a newly -created lot in the R-1 District is
100 feet.
2. The applicant establishes there are practical difficulties with complying with the ordinance due to
circumstances that are unique to the property which are not created by the applicant or based on
economic considerations.
The practical difficulties of this request are not unique to the property and are created by the applicant. The
lot combination which created the existing 1.19 -acre subject parcel was required in order to demolish the
former dwelling located on the proposed Parcel B, which originally contained the existing detached garage.
The applicant's request for a variance to create a 70 -foot wide lot is driven by the desire to have the garage
remain on Parcel A.
Removal and reconstruction, or relocation, of the existing detached garage farther onto Parcel A is an option
to avoid the lot width variance request. According to the applicant, the structure is not able to be relocated
page 70
due to its construction and condition, and therefore presents a practical difficulty and is not a viable option
for consideration at this time (see Exhibit 1).
3. The request will not alter the essential character of the locality.
The neighborhood contains existing lots of record with varying widths. As shown in Exhibit 2, the
neighborhood has approximately 30 lots that are existing nonconformities with the 100 -foot lot width
standard. Of those, approximately 9 lots are 70 feet wide or less. Regardless of the approved lot
configuration, no more than one additional dwelling can be created from the subject parcel. Therefore,
construction on a 70 -foot wide lot instead of a 100 -foot wide lot has the same density along this stretch of
4' Avenue.
However, while Parcel B may be consistent with other narrow lot widths in the neighborhood and would
create another lot for single-family residential development, redevelopment in the area will most likely
consist of larger lots compliant with the Code requirements.
Detached Garage Size Variance
Ordinance 454, passed by the City Council in January 2014, amended the Code to allow for detached and
attached private garages for residential properties in compliance with the following size requirements:
Lot Size
.75 acres or less
Permitted
Not Allowed
Conditional Use Permit
Not Allowed
>.75 acres — 1.5 acres
750 sq. ft.
1,000 sq. ft.
>1.5 acres — 2.5 acres
1,000 sq. ft.
1,200 sq. ft.
>2.5 acres
1,500 sq. ft.
1,800 sq. ft.
The existing dwelling on the entire 1.19 -acre subject parcel contains an attached garage and 1,064 -square
foot detached garage. Currently, the garage is a legal nonconforming structure due to the subject parcel
being less than 1.5 acres. Title 12 -1D -1(D)(4) of the Code allows normal maintenance of a legal
nonconforming structure which does not intensify the nonconformity. However, according to Title 12 -1D -
3(B)(5) of the Code:
In the event that any property upon which an accessory structure or structures have been erected shall later
be subdivided, then the number and size of accessory structures on the subdividedproperty shall conform
to the requirements of this chapter, and those which do not conform shall be relocated, removed or
reconstructed so that they do conform.
As a result of the proposed subdivision request, the existing detached garage requires a variance from the
lot size requirement. When considering a variance for the garage to remain on Parcel A, as in the
proposed subdivision request, the City is required to find that:
1. The request is in harmony with the general purposes and intent of the ordinance and comprehensive
plan and the applicant proposes to use the property in a reasonable manner.
The Code allows for additional detached garages on residential parcels with an attached garage. While
over -sized based on the lot size standards, the continued use of the existing detached garage on a residential
property over 0.75 acres is reasonable and meets the purposes and intent of the Code and Comprehensive
Plan.
2. The applicant establishes there are practical difficulties with complying with the ordinance due to
circumstances that are unique to the property which are not created by the applicant or based on
economic considerations.
The Code requires a parcel with an attached garage to be at least 0.75 acres in order to construct an
additional detached garage. On parcels larger than 0.75 acres and less than 1.5 acres, a 1,000 -square foot
page 71
structure is permitted by conditional use permit. The entire subject parcel is 1.19 acres, which makes the
existing 1,064 -square foot detached garage a legal nonconforming structure. As in the proposed subdivision
request, Parcel A would maintain the existing structure and is over 0.75 acres.
The existing detached garage pre -dates the current Code requirements and exceeds the applicable structure
size requirement based on the proposed lot size by 6% (64 square feet). Applying the recently -adopted size
standards for an existing detached garage creates a practical difficulty in subdividing the parcel in
compliance with the Code, without demolishing and reconstructing the structure.
3. The request will not alter the essential character of the locality.
The neighborhood contains a mix of attached and detached garages. However, few parcels containing an
attached garage have the required acreage to construct an additional detached garage. As noted, the existing
structure pre -dates the Code requirements and has existed in its current location as the neighborhood
developed around it. Regardless of any future subdivision, it will not alter the essential character of the
neighborhood.
Wetlands Permit
As noted, if a lot split is approved, the applicant intends to construct a single-family residential dwelling
on Parcel B. Title 12-2-6(A) of the Code requires a wetlands permit for the construction, alteration, or
removal of any structure within the 100 -foot wetland or water resource -related buffer area. In an effort to
avoid another planning application approval process prior to applying for a building permit to construct
the dwelling, Staff recommended the applicant seek approval of a wetlands permit in conjunction with the
other requests.
The purpose of the Wetlands Systems Chapter of the Code is to (Title 12-2-1):
1. Provide for protection, preservation, maintenance, and use wetlands and water resource -related
areas;
2. Maintain the natural drainage system;
3. Minimize disturbance which may result from alteration by earthwork, loss of vegetation, loss of
wildlife and aquatic organisms as a result of the disturbance of the natural environment or from
excessive sedimentation;
4. Provide for protection of potable fresh water supplies; and
5. Ensure safety from floods.
The subject parcel is located approximately 60 feet from a wetland/water resource -related area and is
separated by 4' Avenue. The construction of a dwelling Parcel B would have no negative impacts on the
surrounding wetland/water resource -related area.
STAFF RECOMMENDATION
Staff recommends denial of the proposed subdivision and lot width variance requests. If the Planning
Commission desires to make a similar recommendation, the detached garage size variance and wetlands
permit should also be denied because they are dependent on approval of the subdivision and lot width
variance requests.
If the Planning Commission desires to approve the entire application submittal, as proposed, the following
conditions should be included:
1. A building permit be obtained prior to construction of a new dwelling.
page 72
The existing accessory structure is demolished, as noted on the survey included in the application
submittal.
3. The applicant shall dedicate 10 -foot wide drainage and utility easements along the front property
lines and 5 -foot wide drainage and utility easements along the side and rear property lines to be
denoted on the map submitted to Dakota County.
4. Park dedication fee in the amount of $2,700, in lieu of land, is collected after City Council approval
and before issuance of any additional permits by the City.
5. Connection charges for sanitary sewer and water main shall be paid prior to issuance of a building
permit.
The applicant shall submit grading and utility plans and a dimensioned site plan with associated
easements, subject to review and approval by the City Engineering Department as part of any
building permit application.
7. Any land disturbance activities must be in compliance with the City's Land Disturbance Guidance
document.
ACTION REQUESTED
Following a public hearing, the Planning Commission may consider the following actions:
1. Recommend denial of the proposed subdivision, lot width variance, detached garage size variance,
and wetlands permit requests based on the attached findings of fact.
'1
Recommend approval of the proposed subdivision, lot width variance, detached garage size
variance, and wetlands permit requests based on the attached findings of fact, with conditions.
'1
3. Table the request.
MATERIALS INCLUDED FOR REVIEW
1. Aerial site map
2. Applications, including supporting materials
3. Exhibit 1: Site photos
4. Exhibit 2: Neighborhood Lot Widths map
page 73
FINDINGS OF FACT FOR DENIAL
Subdivision Request for Lot Split, Lot Width Variance,
Detached Garage Size Variance, and Wetlands Permit
677 4te Avenue
The following Findings of Fact are made in denial of the proposed requests:
1. The proposed subdivision does not meet the lot width standards and is not in harmony with the
general purposes and intent of the Code.
The practical difficulties associated with the lot width variance request are not unique to the
property. They are created by the applicant's desire to maintain the existing detached garage on
Parcel A, which resulted from the required lot combination in order to demolish the former
dwelling on Parcel B.
3. The applicant has other options for subdividing the subject parcel in compliance with the Code.
4. In order to facilitate a compliant subdivision of the subject parcel and eliminate the need for the
variance requests, the existing detached garage can be demolished and reconstructed on Parcel A
in compliance with the Code requirements.
5. The detached garage size variance and wetlands permit requests are no longer relevant if the
proposed subdivision and lot width variance requests are not approved.
page 74
FINDINGS OF FACT FOR APPROVAL
Subdivision Request for Lot Split, Lot Width Variance,
Detached Garage Size Variance, and Wetlands Permit
677 4te Avenue
The following Findings of Fact are made in support of approval of the proposed requests:
1. The proposed subdivision would create two parcels that are compliant with the R-1 Zoning
District lot size and setback standards.
2. The newly -created parcel would be larger than the original platted 66 -foot wide lot in the same
location and construction of a new dwelling on a 70 -foot wide Parcel B would result in the same
density of development along 4' Avenue as a 100 -foot wide lot.
3. The surrounding neighborhood contains numerous lots that are legally nonconforming with the
existing 100 -foot lot width standard, some as narrow as 60 feet.
4. The existing detached garage is a legal nonconforming structure and pre -dates the recent Code
amendment.
5. The proposed subdivision would allow Parcel A to maintain the ability to contain a 1,000 -square
foot detached garage with a conditional use permit.
6. The existing 1,064 -square foot detached garage structure meets the purposes and intent of the
Code and Comprehensive Plan and will not alter the essential character of the neighborhood.
7. The construction of a dwelling on Parcel B would have no negative impacts on the surrounding
wetland/water resource -related area.
page 75
PLANNING CASE 2014-13
Source: Staff
Figure 1: Existing Detached Garage
171YU
EXHIBIT 2
Planning Case 2014-13 City of
Neighborhood Lot Widths 0 230 M Mendota
Date- 6/13/2014 "!%� Heights
I SCALE IN FEET
4Lah -7-11 -- — -- ---- -------- C ------ r 0
678
6
00
6 T9[9%1 14
inaa.i am i 6, 14 5
.--- I Fbq
6 ill 4
6 1 J67
67
L
1459 13 E3
6411
N 66
L F6
15
------------- -----------
5 1 5 480 1
8
K
716 >
go 9
02
1 0
------ - 15 9
15
E3
1416
15 665 io 1
EP
-1 ' 6 1
r5FF�� ! : E315
1527 -71 -
LOT WIDTH -------------------------------- -
< 70- _1 54
662
> 70'and < 100'
65
GIS Map Disclaimer:
This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat,
survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information contained
in this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errors
or omissions herein. If discrepancies are found, please contact the City of Mendota Heights.
Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation.
Planning Case 2014-13
677 4th Avenue
Date: 5/19/2014
�v
0 70
SCALE IN FEET
City of
Mendota
Heights
GIS Map Disclaimer:
This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat,
survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information contained
in this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errors
or omissions herein. If discrepancies are found, please contact the City of Mendota Heights.
Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation.
1101 Victoria Curve I gPARoTheights, MN 55118
651.452.1850 phone 1 651.452.8940 fax
www,mendota-heights.com
CITY OF
MENDDTA HEIGHTS
May 28, 2014
Ken and Mary Noack
677 4°i Avenue
Mendota Heights, MN 55118
RE: Planning Case 2014-13 — Application Extension
Dear Mr. and Mrs. Noack:
Based on the comments from the May 27 Planning Commission meeting, it is our understanding you intend
to submit an amended application for consideration at the June 24 meeting.
Your application was deemed complete on April 28, 2014, starting a 60 -day review period, which will expire
June 27, 2014. At this time, the City is extending the time limit an additional 60 days until August 26, 2014
in compliance with MN STAT. 15.99 (2013). The extension is necessary to facilitate the appropriate review
timeline in accordance with upcoming meeting dates.
As discussed, the following items should be included in the amended application:
1. Cover letter referencing the additional variance request
2. Variance request application for the lot width reduction
3. Revised survey, including labeled parcels ("A" and `B") and required drainage and utility easements
We look forward to continuing the application review process. Please contact me with any additional
questions at 651.452.1850 or nolanw@mendota-heights.com.
Sincerely,
Nolan Wall, AICP
Planner
cc/cc: Planning Case File #2014-13
Applicant (via email: noackken@yahoo.com)
Tom Lehmann, City Attorney (via email: Tlehmann@eckberglammers.com)
Enclosure: Variance Request Application
page 79
1101 Victoria Curve I Mendota Heights, MN 55118
651.452.1850 phone 1 651:452.8940 Fax
www:mendota-f7eiglits:com
CITY OF
MENDOTA HEIGHTS.
APPLICATION FOR CONSIDERATION OF PLANNING REQUEST
Property Address/Street Location:. 7:2� ��y' AP,
Applicant Name: K�-
-„o c � /t/v,¢e'hone:� �% lS7 &g f
IO
Applicant E -Mail Address:ge �✓!"I i� a
Applicant Mailing Address: (, >7 e17_77 /14/L -
Property Owner Name: ,, ^18,0e/e— Phone:
Property Owner Mailing Address: 52ZW;£
Legal Description & PIN of Property: (Complete Legal from Title or Deed must be provided)
a> 7
9n'3�`7
Type of Request:
❑ Rezoning
Variance
❑ Subdivision Approval
❑ Code Amendment
❑ Conditional Use Permit
Wetlands Permit
❑ Critical Area Permit
qael of Split
❑ Conditional Use Permit for PUD
❑ Preliminary/Final Plat Approval
❑ Comprehensive Plan Amendment
❑ Other
I hereby declare that all statements made in this request and on the additional material are true.
I further authorize City Officials and agents to inspect the above property during daylight hours.
y _16/_111
Signature of Applicatr Date
Signature of Ownerl�� Date
Signature of Owner (if more than one) Date
Planning Application (modified 1/28/2014) Page 1 of 1
page 80
1101 Victoria Curve. I Mendota Heights. MN 55118
651.452.1850 phone 1 651:4518940 fax
__ ��w�ti:mendota-hefgllts:co,m ,,,,
CITY OF
MENDO.TA HEIGHTS.
WETLANDS PERMIT REQUEST
Applications will be scheduled for consideration by the
Planning Commission and/or City Council only after all
required materials have been submitted. Application
submittal deadlines are available on the City's website
or by contacting the City Planner. Late or incomplete
applications will not be put on the agenda.
APPLICATION REQUIREMENTS:
• Dated original of all the materials checked must be submitted by the end of the business day
the Monday before the first Tuesday of the month.
• If all original materials are 11 x 17 or smaller — only submit originals.
• If materials are larger than 11 x 17, please provide 24 copies, folded to 8'/2 x 11.
• Any drawing in color — must submit 24 copies.
The following materials must be submitted for the application to be considered complete:
❑ Fee, as included in Fee Schedule (check payable to City of Mendota Heights)
NOTE: Planning Application fees do not cover building permit fees, utilities, or other fees
which may be required for you to complete your project.
Completed Application Form (only original needs to be submitted).
`) Letter of Intent.
�jj k ❑ Full and adequate description of all phases of the operation and/or proposed physical
changes.
Nl ❑ Soil survey map of the proposed plat.
)ff Topographic map of the area. Contour intervals shall be drawn at two (2) foot intervals.
v'114' ❑ Detailed site plan of the proposal showing proposed drainage, grading, and landscaping.
❑ Site design map showing the location of existing and future man-made features within the
N 1 site.
❑ Information on existing drainage and vegetation of all land within the site.
❑ Time period for completion of development including timing for staging of development if
A114- applicable.
Wl A- ❑ Design specifications for all sediment and erosion control measures.
Wetlands Permit Request (modified 12/6/2013) Page 1 0
page 81
1161Victoria Curve I Mendota H69ht5, MN 35178
$51.452.1850 phone 1 WA5189,40'fax
wwvJ.meiidota=tieigBts:com
c1 r, .9r
IVIENOOTA HEIGHTS
VARIANCE CHECKLIST/QUESTIONNAIRE
Applications will be scheduled for consideration by the
Planning Commission and/or City Council only after all
required materials have been submitted. Application
submittal deadlines are available on the City's website
or by contacting the City Planner. Late or incomplete
applications will not be put on the agenda.
A variance is a request to vary from the City of Mendota Heights zoning standards. Under
Minnesota State Law, variances shall only be permitted when they are in harmony with the
general purposes and intent of the zoning code and when consistent with the comprehensive
plan. Variances may be granted when the applicant establishes that there are practical
difficulties in complying with the zoning standards. "Practical difficulties," in regards to variance
requests, has three parts: (1) the proposed use of the property is a reasonable; (2) unique
circumstances exist on the property which are not created by the landowner; and (3) the
variance, if granted, will not alter the essential character of the neighborhood. Please consider
these requirements carefully before requesting a variance.
APPLICATION REQUIREMENTS:
• Dated original of all the materials checked must be submitted by the end of the business day
the Monday before the first Tuesday of the month.
• If all original materials are 11 x 17 or smaller— only submit originals.
• If materials are larger than 11 x 17, please provide 24 copies, folded to 8 Y2 x 11.
• Any drawing in color — must submit 24 copies.
The following materials must be submitted for the application to be considered complete:
Fee, as included in Fee Schedule (check payable to City of Mendota Heights)
NOTE: Planning Application fees do not cover building permit fees, utilities, or other fees
which may be required for you to complete your project.
bM Completed Application Form (only original needs to be submitted).
Sketch plan showing all pertinent dimensions, and including the location of any easements
having an influence upon the variance request.
Letter of Intent.
Please complete the attached questions regarding your request.
Variance Checklist/Questionnaire (modified 12/6/2013) Page 1 of 3
page 82
Please answer the following questions as they relate to the variance request.
You may fill in this form or create your own.
1. In your opinion, does the proposal peat the property to use in a reasonable manner?
IN YES ® NO
vvny or why not?
This garage has been on this family property and in continuous use since 1962. It is still needed
and used for storage of antiques and equipment dating back to the original homestead in 1900.
e. a -,ease aescrioe ine circumstances unique to the props not created by you).
This garage was built at 1064 sq. feet out of cement blocks. It can't be moved or down sized to
conform with the current City code.
3. In your opinion, will the variance, if granted, fit with the character of the
neighborhood?
YES ® NO
vvny or why not?
This garage has been in the neighborhood before most of the houses have been built. There are
other detached garages near by at 665 & 662 4th ave, and a much larger pole bam at 723 3rd
ave. This garage is in an older established neighborhood with very low density on 4th ave.
(4 homes including ours)
The Planning
must makes an affirmafiva fndinn nn arr sof th® swit®rG� /icFenl
above in order to grant a variance. The applicant for a variance has the burden of proof to
shove that all of the criteria listed above have been satisfied.
Variance Checklist/Quesdonnaire (modified 921612093) Page 2 of 3
page 83
May 28, 2014
To: Mendota Heights Planning Commission and City Council
1101 Victoria Curve
Mendota Heights MN 55118
From: Ken Noack, Mary Kay Noack
677 4th Ave
Mendota Heights MN 55118
RE: Variance for a 70 ft. lot width
Dear members of the Planning Commission and Council:
We are requesting a variance to allow for a 70 ft. front lot width as part of our Planning Case 2014-13.
This lot was originally platted at 66 ft. wide and had a house on it until 2010. This will allow for a
perpendicular side lot line to be in compliant with the code. This also does allow a large enough lot for a
home to be built on. Thank you for your additional consideration.
Sincerely,
Ken Noack Mary Kay Noack
page 84
1101 Victoria Curve I Mendota. Heights, HN 55118
551.452.1850 phone 1 551:452:8940fax
`- .i wwtv:meiitlota-fieic�hEs:com
CITY 'OF
IMENDOTA HEIGHTS
VARIANCE CHECKLIST/QUESTIONNAIRE
A variance is a request to vary from the City of Mendota Heights zoning standards. Under
Minnesota State Law, variances shall only be permitted when they are in harmony with the
general purposes and intent of the zoning code and when consistent with the comprehensive
plan. Variances may be granted when the applicant establishes that there are practical
difficulties in complying with the zoning standards. "Practical difficulties," in regards to variance
requests, has three parts: (1) the proposed use of the property is a reasonable; (2) unique
circumstances exist on the property which are not created by the landowner; and (3) the
variance, if granted, will not alter the essential character of the neighborhood. Please consider
these requirements carefully before requesting a variance.
APPLICATION REQUIREMENTS:
• Dated original of all the materials checked must be submitted by the end of the business day
the Monday before the first Tuesday of the month.
® If all original materials are 11 x 17 or smaller— only submit originals.
® If materials are larger than 11 x 17, please provide 24 copies, folded to 8'/ x 11.
• Any drawing in color— must submit 24 copies.
The following materials must be submitted for the application to be considered complete:
❑ Fee, as included in Fee Schedule (check payable to City of Mendota Heights)
NOTE: Planning Application fees do not cover building permit fees, utilities, or other fees
which may be required for you to complete your project.
`®'Completed Application Form (only original needs to be submitted).
�4—Sketch plan showing all pertinent dimensions, and including the location of any easements
having an influence upon the variance request.
Letter of Intent.
Please complete the attached questions regarding your request.
Variance Checklist/Questionnaire (modified 12/6/2093) Page 1 of 3
page 85
Please answer the following questions as they relate to the variance request.
You may fill in this form or create your own.
1. In your opinion, does the proposal put the property to use in a reasonable manner?
Od YES ❑ NO
Why or why not?
This lot with a 70ft front footage is large enough for a single family home. At 70 feet wide, this lot
would comply with the code requirement of having side lot lines perpedicular to 4th avenue. This
proposed lot would be 18,900 sq. ft. which exceeds the code requirements.
c. riease aescnoe the circumstances unique to the propertv (not created by vou).
Because of the detached garage location, a lot split with a 100 ft. front lot line creates an uneven
side lot line, not compliant with Title 11-3-2 (C) of the cde.
s. in your opinion, wm the variance, it granted, fit with the character of the
neighborhood?
® YES ❑ NO
Why or why not?
The original lot plat from 1887 had a 66 ft. lot on this same plat. There was a house on this lot
until 2010. There are numerous other lots in this neighborhood that are non conforming, some as
narrow as 60 ft.
i ne rianning Commission must make an affirmative finding on all of the criteria listed
above in order to grant a variance. The applicant for a variance has the burden of proof to
show that all of the criteria listed above have been satisfied.
Variance Checklist/Questionnaire (modified 92/6/2093) Page 2 of 3
O
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page 87
Affidavit ®f Publication
State of Minnesota
SS
County of Dakota
ANNE THILLEN being duly sworn, on oath, says that
he/she is the publisher or authorized agent and employee of the publisher of the newspaper known
as SOUTH-WEST REVIEW , and has full knowledge of the facts which are
stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified
newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended.
(B) The printedNOTICE OF HEARING
which is attached was cut from the columns of said newspaper, and was printed and published once each
week, for 1 successive weeks; it was first published on SUNDAY_, the 8TH day of
JUNE 2014 , and was thereafter printed and published on every to and
including the day of 20 ; and printed below is a copy of the
lower case alphabet from A to Z, both inclusive, which -is hereby acknowledged as being the size and kind of
type used in the composition and publication of the notice:
'ABCDEFGHIJKLMNOPQRSTUVWXYZ
'ABCDEFGHIJKLMNOPQRSTUVWXYZ
'abcdefgh ijklmnopq rstuvwxyz
Subscribed and sworn to before me on
th's 9TH day of JUNE 14
Notary Public
BY:Q�.V.
TITLE LEGAL COORDINATOR
*Alphabet should be in the same size and kind of type as the notice.
w
5� ,= Notary Public -Minnesota RATE INFORMATION
My Commission Expires Jan 91, 2015
(1) Lowest classified rate paid by
commercial users for comparable space............................................................... $25.00 per col. inch
(2) Maximum rate allowed by law for the above matter ............................................. $25.00 per col. inch
(3) Rate actually charged for the above matter.......................................................... $ per col. inch
1/14
page 88
page 89
Planning Case 2014-13 Public Hearing Notice Mailing List
276970304081 2.77120000040
1502 VANDALL ST 1509 DODD RD
AGNES C TSTE MCCLUNEY DEAN S & BARBARA VERDOES
271470000121 271470000221
10 689 WENTWORTH AVE W 101 M 683 WENTWORTH AVE W W2
ALLEN & JUDITH WERTHAUSER ELIZABETH H GUTHMANN
277120000090 277120000080
1500 SOMERSET CT M 1490 SOMERSET CT
ANDREW W & NANCY W LYNN ERIC C & LAURIE LYNN TOSTRUD
277120000120
1485 SOMERSET CT
FRANCIS & HELGA E PARNELL
271470000201
689 WENTWORTH AVE W 303
GAYLORD & RUTH TRST GLARNER
277120000110
1495 SOMERSET CT
GEORGE H & MARCELLA KEYS
271470000211
695 WENTWORTH AVE W W1
HURON & LETICIA M SMITH
271470000151
689 WENTWORTH AVE W 202
JANET M KING
277120000070
1480 SOMERSET CT
wmdw
JAY & MARILYN BREMER
277120000130 275190001030
1475 SOMERSET CT 1527 VANDALL ST
DAVID W & PENNY L SCHILLING JEFF L & GAYLE E CLOSMORE
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a Map Scale
legal document and should not be substituted for a title search,appraisal, survey, or for zoning I inch = 305 feet
verification. Dakota County assumes no legal responsibility for the information contained in this data. 5/7/2014
276970304020
10
678 3RD AVE S
ANTON A BRUCKMUELLER
271470000091
1585 DODD RD 303
ARLENE W SONDAY
271470000061
1585 DODD RD 203
BROOKE D TSTE MORDY
2.71470000111
1575 DODD RD E2
BRUCE G TSTE ODLAUG
276970304040
666 3RD AVE
CYRIL J B KOBBERMANN
277120000100
1505 SOMERSET CT
DANIEL M & ELISHA G LOPEZ
277120000120
1485 SOMERSET CT
FRANCIS & HELGA E PARNELL
271470000201
689 WENTWORTH AVE W 303
GAYLORD & RUTH TRST GLARNER
277120000110
1495 SOMERSET CT
GEORGE H & MARCELLA KEYS
271470000211
695 WENTWORTH AVE W W1
HURON & LETICIA M SMITH
271470000151
689 WENTWORTH AVE W 202
JANET M KING
277120000070
1480 SOMERSET CT
wmdw
JAY & MARILYN BREMER
277120000130 275190001030
1475 SOMERSET CT 1527 VANDALL ST
DAVID W & PENNY L SCHILLING JEFF L & GAYLE E CLOSMORE
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a Map Scale
legal document and should not be substituted for a title search,appraisal, survey, or for zoning I inch = 305 feet
verification. Dakota County assumes no legal responsibility for the information contained in this data. 5/7/2014
page 90
Page 2
271470000151
689 WENTWORTH AVE W 201
JOHN F JR & SHARON A DIEDRICH
271470000181
689 WENTWORTH AVE W 301
JOHN ] & DELORES J WOOD
276970104023
662 4TH AVE
JOSEPH M ISAAC
276970104025
JOSEPH M ISAAC
276970307082
677 4TH AVE
KENNETH ] & MARY KAY NOACK
271470000191
M 689 WENTWORTH AVE W 302
NANCY JARDINE
271470000021
1585 DODD RD 102
NANCY T TSTE FIELD
276970305080
1501 VANDALL ST
OLIVER B & CAROL ] HANSON
271470000041
1585 DODD RD 201
PATRICIA A TSTE TINUCCI
276970103070
665 4TH AVE
PAULI STANTON
275190001010
276970306101
1515 VANDALL
PAUL J STANTON
LOUIS S & MARGARET P LIZARRAGA
271470000171
689 WENTWORTH AVE W 203
MARK A GIORGINI REVOCABLE
TRUST 5/26/9
271470000101
1595 DODD RD E1
MARY H COMMERS
276970104030
1565 DODD RD
MARY L OFLAHERTY
276970305060
684 3RD AVE
MY THREE SONS LLC
271470000071
M 1585 DODD RD 301
RAYMOND A & MARY LOU MCLEVISH
271470000011.
1585 DODD RD 101
RICHARD A JAMIESON
276970305100
ROBERT & KATHLEEN BONINE
276970305050
688 3RD AVE
ROBERT & KATHLEEN BOVINE
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed, This is not a Map Scale
iegal document and should not be substituted for a title search,appraisal, survey, or for zoning 1 inch = 305 feet
276970307041 277120000010
0 1516 VANDALL ST 661 4TH AVE
ROBERT D BRADT THOMAS G & JUDITH STANTON
271470000081 271470000131
a) 1585 DODD RD 302 689 WENTWORTH AVE W 102
ROBERT F & KAREN K GARLAND TIMOTHY R MCLEVISH
275190001020 271470000141
1521 VANDALL ST 0 689 WENTWORTH AVE W 103
ROBERT K GUENTHER TIMOTHY R MCLEVISH
271470000051 276970104024
1585 DODD RD 202 1549 DODD RD
ROBERT L & MARY H TEMPLE TODD J ADRIAN
271470000031 277120000030
1585 DODD RD 103 1521 DODD RD
RONALD P & HELEN J LIFSON WILLIAM D €k MICHELLE NIELSEN
277120000020
1533 DODD RD
STEVEN J & KARLA J GOTHAM
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a Map Scale
legal document and should not be substituted for a title search, appraisal, survey, or for zoning 1 inch = 304 feet
verification. Dakota County assumes no legal responsibility for the information contained in this data. 5/7/2014
page 92
1101 Victoria Curve I Mendota Heights, MN 55118
651.452.1850 phone 1 651.452.8940 fax
www.mendota-heights.com ,
CITY OF
MENDIDTA HEIGHTS
DATE:
May 27, 2014
TO:
Planning Commission
FROM:
Nolan Wall, AICP
Planner
SUBJECT:
Planning Case 2014-13
Subdivision Request for a Lot Split, Variance, and Wetlands Permit
APPLICANT:
Ken and Mary Kay Noack
PROPERTY ADDRESS:
677 4' Avenue
ZONING/GUIDED:
R-1 One Family Residential/LR Low Density Residential
ACTION DEADLINE:
June 27, 2014
DESCRIPTION OF THE REQUEST
The applicant is seeking approval to subdivide the existing parcel at 677 4' Avenue into two parcels and is
requesting a variance to allow an over -sized detached garage. In addition, if the request(s) were to be
approved, the applicant is also seeking a wetlands permit to construct a dwelling on the new parcel.
BACKGROUND
The subject parcel is approximately 1.19 acres and contains a single-family dwelling with an attached
garage, a 1,064 -square foot detached garage, and an accessory structure. The parcel is zoned R-1 One
Family Residential and guided for low density residential development. The applicant is proposing to
subdivide the subject parcel to create an additional parcel to construct a single-family dwelling in the future.
The subject parcel was formerly two parcels containing two dwellings. The applicant was required to
combine the lots in order to demolish the dwelling on the easterly lot, so as not to create a nonconformity
with an accessory structure without a principal structure. It is the applicant's desire to maintain the existing
detached garage on the subject parcel and demolish the existing accessory structure.
The City Council recently amended the Code to allow an additional detached garage for dwellings with an
attached garage, based on compliance with certain lot and structure size requirements. The existing
detached garage exceeds the allowable size standards and requires a variance to remain on the subject parcel
in compliance with the Code if a subdivision is approved.
In addition, the subject parcel is within 100 feet of a wetland or water resource -related area. If approvals
for the subdivision and variance requests were to be granted, a wetlands permit would be required prior to
construction of a new dwelling. As a result, Staff recommended the applicant also include a wetlands
permit as part of the application submittal.
page 93
ANALYSIS
Lot Split
Title 11-3-2 of the Code (Subdivision Ordinance) allows the subdivision of parcels, provided that the
resulting lots are compliant with the requirements of the applicable zoning district. According to the survey
map included as part of the application submittal, and shown in the table below, both proposed parcels meet
the R-1 lot standards.
*final front yard setback to be determined and confirmed during the building permit application review
**measurements based on proposed 2,750 sq. ft. building pad as shown on the survey map — future dwelling could be
located anywhere within the proposed area
Title 11-3-2(C) of the Code requires side lot lines to be approximately at right angles to street lines. In
order to meet the 100 -foot lot width requirement on the new parcel, and maintain the existing detached
garage on the subject parcel, the new lot configuration creates a non -perpendicular side lot line from 4'
Avenue abutting both parcels. Side lot lines at right angles with streets lines are desired to maintain
appropriate drainage and utility easements and avoid property line disputes. It is Staffs interpretation that
the proposed shared side lot line is not compliant with the Code provision.
The applicant can seek input from the Planning Commission on alternative lot configurations that do not
create noncompliant side lot lines. The following options, among others suggested by the Planning
Commission, can be considered:
1. Existing detached garage located on new parcel.
It is the applicant's desire to retain the existing detached garage on the subject parcel in order to
maintain ownership and use of the structure. However, its existing location on the subject parcel
and inability to be relocated are causing the undesirable side lot line in order to meet the 100 -foot
lot width requirement. The lots could be reconfigured to reduce the subject parcel to maintain the
required size, frontage, and setback requirements for the existing dwelling and attached garage (see
Exhibit 1).
Title 12 -1D -3(B)(3) requires a principal structure to be constructed prior to an accessory structure.
As a result, if this option was pursued, Staff would recommend a condition that requires a building
permit to be applied for within one year of an approved subdivision in order to ensure compliance
with this provision.
2. Variance from the 100 -foot lot width requirement.
Title 11-3-2(D) requires every lot to have the minimum frontage for the appropriate zoning district
on a City -approved street other than an alley. As noted above, the R-1 District requires a minimum
lot width of 100 feet. In order to avoid the proposed side lot line configuration, the applicant could
seek a variance from the lot width requirement.
Based on the proposed survey, a revised perpendicular side lot line to maintain the required setbacks
for the existing detached garage and proposed building pad would create a lot width of 70.35 feet
Standard
Lot Area
15,000 sq. ft.
36,766 sq. ft.
15,055 sq. ft.
(0.34 acres)
(0.84 acres)
(0.35 acres)
Lot Width
100 ft.
149.27 ft.
100 ft.
Front Yard Setback
30 ft.
30 ft. (approx.)
33 ft.*
Side Yard Setback
10 ft. (up to 15' depending on
45 ft. (approx.)
10 ft.**
structure height)
Rear Yard
30 ft. or 20% of the average lot
70 ft. (approx.)
110 ft.
depth (whichever is greater)
*final front yard setback to be determined and confirmed during the building permit application review
**measurements based on proposed 2,750 sq. ft. building pad as shown on the survey map — future dwelling could be
located anywhere within the proposed area
Title 11-3-2(C) of the Code requires side lot lines to be approximately at right angles to street lines. In
order to meet the 100 -foot lot width requirement on the new parcel, and maintain the existing detached
garage on the subject parcel, the new lot configuration creates a non -perpendicular side lot line from 4'
Avenue abutting both parcels. Side lot lines at right angles with streets lines are desired to maintain
appropriate drainage and utility easements and avoid property line disputes. It is Staffs interpretation that
the proposed shared side lot line is not compliant with the Code provision.
The applicant can seek input from the Planning Commission on alternative lot configurations that do not
create noncompliant side lot lines. The following options, among others suggested by the Planning
Commission, can be considered:
1. Existing detached garage located on new parcel.
It is the applicant's desire to retain the existing detached garage on the subject parcel in order to
maintain ownership and use of the structure. However, its existing location on the subject parcel
and inability to be relocated are causing the undesirable side lot line in order to meet the 100 -foot
lot width requirement. The lots could be reconfigured to reduce the subject parcel to maintain the
required size, frontage, and setback requirements for the existing dwelling and attached garage (see
Exhibit 1).
Title 12 -1D -3(B)(3) requires a principal structure to be constructed prior to an accessory structure.
As a result, if this option was pursued, Staff would recommend a condition that requires a building
permit to be applied for within one year of an approved subdivision in order to ensure compliance
with this provision.
2. Variance from the 100 -foot lot width requirement.
Title 11-3-2(D) requires every lot to have the minimum frontage for the appropriate zoning district
on a City -approved street other than an alley. As noted above, the R-1 District requires a minimum
lot width of 100 feet. In order to avoid the proposed side lot line configuration, the applicant could
seek a variance from the lot width requirement.
Based on the proposed survey, a revised perpendicular side lot line to maintain the required setbacks
for the existing detached garage and proposed building pad would create a lot width of 70.35 feet
page 94
(see Exhibit 2). The neighborhood was originally platted in 1887 and contains numerous lots that
are legally nonconforming with the existing 100 -foot width requirement, some as narrow as 60 feet.
3. Develop right-of-way to the north.
The subject parcel borders an undeveloped City right-of-way to the north from Vandall Street that
could be developed and utilized for access to a new parcel. The subject parcel's lot width bordering
the right-of-way is approximately 135 feet, which would meet the R-1 District requirement (see
Exhibit 3). The City Council recently denied a request to utilize an existing undeveloped right-of-
way for a private driveway to serve a lot which would not have meet the 100 -foot width
requirement. In initial discussions regarding subdivision options, Staff discouraged the applicant
from pursuing this option and provided preliminary cost information for an improved right-of-way
constructed to City standards.
Therefore, a developed right-of-way is the only option to create a new lot with appropriate access
which meets the frontage requirement. Due to the economic considerations of such an option, the
applicant could seek participation from other interested surrounding property owners abutting the
right-of-way on a collaborative subdivision plan.
The applicant has indicated no interest in demolishing the existing detached garage; therefore it is not
included as an option for consideration in this report. Any alternative option pursued by the applicant would
require a variance for the existing detached garage to remain on either parcel. Therefore, Staff recommends
the applicant revise the proposed subdivision request based on direction from the Planning Commission on
the alternatives listed above or others discussed at the meeting.
Variance
Ordinance 454, passed by the City Council in January 2014, amended the Code to allow for detached and
attached private garages for residential properties in compliance with the following size requirements:
Lot Size
.75 acres or less
Permitted
Not Allowed
Conditional Use Permit
Not Allowed
>.75 acres — 1.5 acres
750 sq. ft.
1,000 sq. ft.
>1.5 acres — 2.5 acres
1,000 sq. ft.
1,200 sq. ft.
>2.5 acres
1,500 sq. ft.
1,800 sq. ft.
The existing dwelling on the entire 1.19 -acre subject parcel contains an attached garage and 1,064 -square
foot detached garage. Currently, the detached garage is a legal nonconforming structure due to the subject
parcel being less than 1.5 acres. Title 12 -1D -1(D)(4) of the Code allows normal maintenance of a legal
nonconforming structure which does not intensify the nonconformity. However, according to Title 12 -1D -
3(B)(5) of the Code:
In the event that any property upon which an accessory structure or structures have been erected shall later
be subdivided, then the number and size of accessory structures on the subdividedproperty shall conform
to the requirements of this chapter, and those which do not conform shall be relocated, removed or
reconstructed so that they do conform.
As a result of the proposed subdivision request, or any subsequent revised request, the existing detached
garage requires a variance from the lot size requirement. When considering a variance for the garage to
remain on the subject parcel, as in the proposed subdivision request, the City is required to find that:
1. The request is in harmony with the general purposes and intent of the ordinance and comprehensive
plan and the applicant proposes to use the property in a reasonable manner.
The Code allows for additional detached garages on residential parcels with an attached garage. While
over -sized based on the lot size standards, the continued use of the existing detached garage on a residential
page 95
property over 0.75 acres is reasonable and meets the purposes and intent of the Code and Comprehensive
Plan.
2. The applicant establishes there are practical difficulties with complying with the ordinance due to
circumstances that are unique to the property which are not created by the applicant or based on
economic considerations.
The Code requires 0.75 acres for a parcel with an attached garage to construct an additional detached garage.
On parcels larger than 0.75 acres and less than 1.5 acres, a 1,000 -square foot structure is permitted by
conditional use permit. The entire subject parcel is 1.19 acres, which makes the existing 1,084 -square foot
detached garage a legal nonconforming structure. As in the proposed subdivision request, and in the
alternative options discussed in the report, the parcel maintaining the existing structure would be over 0.75
acres.
The existing detached garage pre -dates the current Code requirements and exceeds the applicable structure
size requirement based on the proposed lot size(s) by 84 square feet. Applying the structure size standard
for an existing detached garage on a newly -created parcel creates a practical difficulty in subdividing the
parcel in compliance with the Code.
3. The request will not alter the essential character of the locality.
The neighborhood contains a mix of attached and detached garages. However, few parcels containing an
attached garage have the required acreage to construct an additional detached garage. As noted, the existing
structure pre -dates the Code requirements and has existed in its current location as the neighborhood
developed around it. Regardless of any future subdivision, it will not alter the essential character of the
neighborhood.
Based on Staffs recommendation to revise the proposed subdivision request, the applicant may withdraw
the request and resubmit as part of a future subdivision application submittal.
Wetlands Permit
As noted, if a lot split is approved, the applicant intends to construct a single-family residential dwelling
on the new parcel. Title 12-2-6(A) of the Code requires a wetlands permit for the construction, alteration,
or removal of any structure within the 100 -foot wetland or water resource -related buffer area. In an effort
to avoid another planning application approval process prior to applying for a building permit to construct
the dwelling, Staff recommended the applicant seek approval of a wetlands permit in conjunction with the
other requests.
The purpose of the Wetlands Systems Chapter of the Code is to (Title 12-2-1):
1. Provide for protection, preservation, maintenance, and use wetlands and water resource -related
areas;
2. Maintain the natural drainage system;
3. Minimize disturbance which may result from alteration by earthwork, loss of vegetation, loss of
wildlife and aquatic organisms as a result of the disturbance of the natural environment or from
excessive sedimentation;
4. Provide for protection of potable freshwater supplies; and
5. Ensure safety from floods.
The subject parcel is located approximately 60 feet from a wetland and water resource -related area and is
separated by 4' Avenue. The construction of a dwelling on newly -created parcel would have no negative
page 96
impacts on the surrounding wetlands and water resource -related area. Staff would be supportive of a
wetlands permit included as part of a revised, approved subdivision request.
STAFF RECOMMENDATION
Staff recommends denial of the proposed subdivision request and encourages the applicant to pursue other
options outlined in this report or suggested by the Planning Commission. In addition, Staff recommends
the variance request and wetlands permit application be withdrawn and included as part of a revised
subdivision application submittal.
If the Planning Commission desires to approve the entire application submittal, as proposed, the following
conditions should be included:
1. The existing accessory structure is demolished, as noted on the survey included in the application
submittal.
2. Park dedication fee in the amount of $2,700, in lieu of land, is collected after City Council approval
and before issuance of any additional permits by the City.
Connection charges for sanitary sewer and water main shall be paid prior to issuance of a building
permit.
4. The applicant shall dedicate 10 -foot wide drainage and utility easements along the front property
lines and 5 -foot wide drainage and utility easements along the side and rear property lines to be
denoted on the map submitted to Dakota County.
The applicant shall submit grading and utility plans and a dimensioned site plan with associated
easements, subject to review and approval by the City Engineering Department as part of any
building permit application.
Any land disturbance activities must be in compliance with the City's Land Disturbance Guidance
document.
ACTION REQUESTED
Following a public hearing, the Planning Commission may consider the following actions:
1. Recommend denial of the proposed subdivision request based on the attached findings of fact.
'1
2. Recommend approval of the proposed subdivision and variance requests and wetlands permit based
on the attached findings of fact, with conditions.
3. Table the request.
MATERIALS INCLUDED FOR REVIEW
1. Aerial site map
2. Applications, including supporting materials
3. Site photos
page 97
FINDINGS OF FACT FOR DENIAL
Subdivision Request for Lot Split
677 4' Avenue
The following Findings of Fact are made in denial of the proposed request:
1. The proposed subdivision does not meet the side lot design standards of the Code.
2. The proposed side lot line configuration makes it difficult to accommodate the required drainage
and utility easements and may create property boundary disputes in the future.
3. The applicant has other options for subdividing the subject parcel in compliance with the Code.
4. The existing detached garage can be demolished, which eliminates the need for a variance and
facilitates a more appropriate subdivision of the subject parcel.
page 98
FINDINGS OF FACT FOR APPROVAL
Subdivision Request of a Lot Split, Variance and Wetlands Permit
677 4' Avenue
The following Findings of Fact are made in support of approval of the proposed request:
1. The proposed subdivision would create two parcels that are compliant with the R-1 Zoning
District lot standards.
2. The proposed side lot line configuration is necessary to comply with the lot width requirements
for the new parcel and setback requirements for the existing detached garage to remain on the
subject parcel.
3. The existing detached garage is a legal nonconforming structure and pre -dates the recent Code
amendment.
4. The proposed subdivision would allow the subject parcel to maintain the ability to contain a
1,000 -square foot detached garage with a conditional use permit.
5. The existing 1,084 -square foot detached garage structure meets the purposes and intent of the
Code and Comprehensive Plan and will not alter the essential character of the neighborhood.
6. The construction of a dwelling on the new parcel would have no negative impacts on the
surrounding wetland and water resource -related area.
page 99
PLANNING CASE 2014-13
Source: Staff
Figure 1: Existing Detached Garage
EXHIBIT 1
Planning Case 2014-13
677 4th Avenue
Date: 5/19/2014
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Heights
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GIS Map Disclaimer:
This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat,
survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information contained
in this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errors
or omissions herein. If discrepancies are found, please contact the City of Mendota Heights.
Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation.
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City of
MiMendota
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GIS Map Disclaimer:
This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat,
survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information contained
in this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errors
or omissions herein. If discrepancies are found, please contact the City of Mendota Heights.
Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation.
EXHIBIT 2
Planning Case 2014-13
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in this data. The City of Mendota Heighte, or any other entity from which data was obtained, assumes noliability for any errors
or omissions herein. If discrepancies are found, please contact the City of MendotaHeights.
Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation.
EXHIBIT 3
Planning Case 2014-13
677 4th Avenue
Date- 5/19/2014
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GIS Map Disclaimer:
This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat,
survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information contained
in this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errors
or omissions herein. If discrepancies are found, please contact the City of Mendota Heights.
Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation.
Planning Case 2014-13
677 4th Avenue
Date: 5/19/2014
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SCALE IN FEET
City of
Mendota
Heights
s
GIS Map Disclaimer:
This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat,
survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information contained
in this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errors
or omissions herein. If discrepancies are found, please contact the City of Mendota Heights.
Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation.
page 104
April 21, 2014
To: Mendota Heights Planning Commission and City Council
1101 Victoria Curve
Mendota Heights MN 55118
From: Ken Noack, Mary Kay Noack
6770 Ave
Mendota Heights MN 55118
RE: Lot Split and Garage Variance
Dear members of the Planning Commission and Council:
We are requesting that you allow us to create a buildable lot on our property at 677 4 I Ave. (property
ID276970307082) The property is large enough, and previously had a home on the same area as
proposed. This is to allow our son and his family to move back to the property he grew up on.
Our second request is to grant us a variance to allow the nonconforming detached garage to remain on
our property after the lot split. (See attachments)
Sincerely,
Ken Noack Mary Kay Noack
page 105
1101 Victoria Curve I Mendota Heights, MN 55118
651.452.1850 phone 1 651:452.8940 Fax
www:mendota-f7eiglits:com
CITY OF
MENDOTA HEIGHTS.
APPLICATION FOR CONSIDERATION OF PLANNING REQUEST
Property Address/Street Location:. 7:2� ��y' AP,
Applicant Name: K�-
-„o c � /t/v,¢e'hone:� �% lS7 &g f
IO
Applicant E -Mail Address:ge �✓!"I i� a
Applicant Mailing Address: (, >7 e17_77 /14/L -
Property Owner Name: ,, ^18,0e/e— Phone:
Property Owner Mailing Address: 52ZW;£
Legal Description & PIN of Property: (Complete Legal from Title or Deed must be provided)
a> 7
9n'3�`7
Type of Request:
❑ Rezoning
Variance
❑ Subdivision Approval
❑ Code Amendment
❑ Conditional Use Permit
Wetlands Permit
❑ Critical Area Permit
qael of Split
❑ Conditional Use Permit for PUD
❑ Preliminary/Final Plat Approval
❑ Comprehensive Plan Amendment
❑ Other
I hereby declare that all statements made in this request and on the additional material are true.
I further authorize City Officials and agents to inspect the above property during daylight hours.
y _16/_111
Signature of Applicatr Date
Signature of Ownerl�� Date
Signature of Owner (if more than one) Date
Planning Application (modified 1/28/2014) Page 1 of 1
page 106
1101 Victoria Curve. I Mendota Heights. MN 55118
651.452.1850 phone 1 651:4518940 fax
__ ��w�ti:mendota-hefgllts:co,m ,,,,
CITY OF
MENDO.TA HEIGHTS.
WETLANDS PERMIT REQUEST
Applications will be scheduled for consideration by the
Planning Commission and/or City Council only after all
required materials have been submitted. Application
submittal deadlines are available on the City's website
or by contacting the City Planner. Late or incomplete
applications will not be put on the agenda.
APPLICATION REQUIREMENTS:
• Dated original of all the materials checked must be submitted by the end of the business day
the Monday before the first Tuesday of the month.
• If all original materials are 11 x 17 or smaller — only submit originals.
• If materials are larger than 11 x 17, please provide 24 copies, folded to 8'/2 x 11.
• Any drawing in color — must submit 24 copies.
The following materials must be submitted for the application to be considered complete:
❑ Fee, as included in Fee Schedule (check payable to City of Mendota Heights)
NOTE: Planning Application fees do not cover building permit fees, utilities, or other fees
which may be required for you to complete your project.
Completed Application Form (only original needs to be submitted).
`) Letter of Intent.
�jj k ❑ Full and adequate description of all phases of the operation and/or proposed physical
changes.
Nl ❑ Soil survey map of the proposed plat.
)ff Topographic map of the area. Contour intervals shall be drawn at two (2) foot intervals.
v'114' ❑ Detailed site plan of the proposal showing proposed drainage, grading, and landscaping.
❑ Site design map showing the location of existing and future man-made features within the
N 1 site.
❑ Information on existing drainage and vegetation of all land within the site.
❑ Time period for completion of development including timing for staging of development if
A114- applicable.
Wl A- ❑ Design specifications for all sediment and erosion control measures.
Wetlands Permit Request (modified 12/6/2013) Page 1 0
page 107
1161Victoria Curve I Mendota H69ht5, MN 35178
$51.452.1850 phone 1 WA5189,40'fax
wwvJ.meiidota=tieigBts:com
c1 r, .9r
IVIENOOTA HEIGHTS
VARIANCE CHECKLIST/QUESTIONNAIRE
Applications will be scheduled for consideration by the
Planning Commission and/or City Council only after all
required materials have been submitted. Application
submittal deadlines are available on the City's website
or by contacting the City Planner. Late or incomplete
applications will not be put on the agenda.
A variance is a request to vary from the City of Mendota Heights zoning standards. Under
Minnesota State Law, variances shall only be permitted when they are in harmony with the
general purposes and intent of the zoning code and when consistent with the comprehensive
plan. Variances may be granted when the applicant establishes that there are practical
difficulties in complying with the zoning standards. "Practical difficulties," in regards to variance
requests, has three parts: (1) the proposed use of the property is a reasonable; (2) unique
circumstances exist on the property which are not created by the landowner; and (3) the
variance, if granted, will not alter the essential character of the neighborhood. Please consider
these requirements carefully before requesting a variance.
APPLICATION REQUIREMENTS:
• Dated original of all the materials checked must be submitted by the end of the business day
the Monday before the first Tuesday of the month.
• If all original materials are 11 x 17 or smaller— only submit originals.
• If materials are larger than 11 x 17, please provide 24 copies, folded to 8 Y2 x 11.
• Any drawing in color — must submit 24 copies.
The following materials must be submitted for the application to be considered complete:
Fee, as included in Fee Schedule (check payable to City of Mendota Heights)
NOTE: Planning Application fees do not cover building permit fees, utilities, or other fees
which may be required for you to complete your project.
bM Completed Application Form (only original needs to be submitted).
Sketch plan showing all pertinent dimensions, and including the location of any easements
having an influence upon the variance request.
Letter of Intent.
Please complete the attached questions regarding your request.
Variance Checklist/Questionnaire (modified 12/6/2013) Page 1 of 3
page 108
Please answer the following questions as they relate to the variance request.
You may fill in this form or create your own.
1. In your opinion, does the proposal peat the property to use in a reasonable manner?
IN YES ® NO
vvny or why not?
This garage has been on this family property and in continuous use since 1962. It is still needed
and used for storage of antiques and equipment dating back to the original homestead in 1900.
e. a -,ease aescrioe ine circumstances unique to the props not created by you).
This garage was built at 1064 sq. feet out of cement blocks. It can't be moved or down sized to
conform with the current City code.
3. In your opinion, will the variance, if granted, fit with the character of the
neighborhood?
YES ® NO
vvny or why not?
This garage has been in the neighborhood before most of the houses have been built. There are
other detached garages near by at 665 & 662 4th ave, and a much larger pole bam at 723 3rd
ave. This garage is in an older established neighborhood with very low density on 4th ave.
(4 homes including ours)
The Planning
must makes an affirmafiva fndinn nn arr sof th® swit®rG� /icFenl
above in order to grant a variance. The applicant for a variance has the burden of proof to
shove that all of the criteria listed above have been satisfied.
Variance Checklist/Quesdonnaire (modified 121612013) Page 2 of 3
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Affidavit ®f Publication
State of Minnesota
SS
County of Dakota
page 110
ANNE THILLEN , being duly sworn, on oath, says that
he/she is the publisher or authorized agent and employee of the publisher of the newspaper known
as SOUTH-WEST REVIEW and has full knowledge of the facts which are
stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified
newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended.
(B) The printedNOTICE OF HEARING
which is attached was cut from the columns of said newspaper, and was printed and published once each
week, for 1 successive weeks; it was first published on SUNDAY , the 11TH day of
MAY 2014 , and was thereafter printed and published on every to and
including , the day of ; 20 ; and printed below is a copy of the
lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of
type used in the composition and publication of the notice:
'ABCDEFGHIJKLMNOPQRSTUVWXYZ
'ABCDEFGHIJKLMNOPQRSTUVWXYZ
'abcdefghijklmnopq rstuwaxyz
Subscribed and sworn to before me on
th's 12TH day of MAY._, 20
BY: 0'4�.
TITLE LEGAL COORDINATOR
Notary Public
*Alphabet should be in the same size and kind of type as the notice.
TC?NYA R. WHITEHEAD
VRATE INFORMATION
Notary Public -Minnesota
'+ My Commission E�xvpIres Jen 31, 2015
(1) Lowest classified rate paid by
commercial users for comparable space............................................................... $25.00 per Col. inch
(2) Maximum rate allowed by law for the above matter ............................................. $25.00 per Col. inch
(3) Rate actually charged for the above matter.......................................................... $ per Col. inch
1/14
page 111
page 112
Planning Case 2014-13 Public Hearing Notice Mailing List
276970304081 277120000040
1502 VANDALL ST 1509 DODD RD
AGNES C TSTE MCCLUNEY DEAN S & BARBARA VERDOES
271470000121 271470000221
10 689 WENTWORTH AVE W 101 M 683 WENTWORTH AVE W W2
ALLEN & JUDITH WERTHAUSER ELIZABETH H GUTHMANN
277120000090 277120000080
1500 SOMERSET CT M 1490 SOMERSET CT
ANDREW W & NANCY W LYNN ERIC C & LAURIE LYNN TOSTRUD
277120000120
1485 SOMERSET CT
FRANCIS & HELGA E PARNELL
271470000201
689 WENTWORTH AVE W 303
GAYLORD & RUTH TRST GLARNER
277120000110
1495 SOMERSET CT
GEORGE H & MARCELLA KEYS
271470000211
695 WENTWORTH AVE W W1
HURON & LETICIA M SMITH
271470000151
689 WENTWORTH AVE W 202
JANET M KING
277120000070
1480 SOMERSET CT
wmdw
JAY & MARILYN BREMER
277120000130 275190001030
1475 SOMERSET CT 1527 VANDALL ST
DAVID W & PENNY L SCHILLING JEFF L & GAYLE E CLOSMORE
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a Map Scale
legal document and should not be substituted for a title search,appraisal, survey, or for zoning I inch = 305 feet
verification. Dakota County assumes no legal responsibility for the information contained in this data. 5/7/2014
276970304020
10
678 3RD AVE S
ANTON A BRUCKMUELLER
271470000091
1585 DODD RD 303
ARLENE W SONDAY
271470000061
1585 DODD RD 203
BROOKE D TSTE MORDY
271470000111
1575 DODD RD E2
BRUCE G TSTE ODLAUG
276970304040
666 3RD AVE
CYRIL J B KOBBERMANN
277120000100
1505 SOMERSET CT
DANIEL M & ELISHA G LOPEZ
277120000120
1485 SOMERSET CT
FRANCIS & HELGA E PARNELL
271470000201
689 WENTWORTH AVE W 303
GAYLORD & RUTH TRST GLARNER
277120000110
1495 SOMERSET CT
GEORGE H & MARCELLA KEYS
271470000211
695 WENTWORTH AVE W W1
HURON & LETICIA M SMITH
271470000151
689 WENTWORTH AVE W 202
JANET M KING
277120000070
1480 SOMERSET CT
wmdw
JAY & MARILYN BREMER
277120000130 275190001030
1475 SOMERSET CT 1527 VANDALL ST
DAVID W & PENNY L SCHILLING JEFF L & GAYLE E CLOSMORE
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a Map Scale
legal document and should not be substituted for a title search,appraisal, survey, or for zoning I inch = 305 feet
verification. Dakota County assumes no legal responsibility for the information contained in this data. 5/7/2014
page 113
Page 2
271470000151
689 WENTWORTH AVE W 201
JOHN F JR & SHARON A DIEDRICH
271470000181
689 WENTWORTH AVE W 301
JOHN ] & DELORES J WOOD
276970104023
662 4TH AVE
JOSEPH M ISAAC
276970104025
JOSEPH M ISAAC
276970307082
677 4TH AVE
KENNETH ] & MARY KAY NOACK
271470000191
M 689 WENTWORTH AVE W 302
NANCY JARDINE
271470000021
1585 DODD RD 102
NANCY T TSTE FIELD
276970305080
1501 VANDALL ST
OLIVER B & CAROL ] HANSON
271470000041
1585 DODD RD 201
PATRICIA A TSTE TINUCCI
276970103070
665 4TH AVE
PAULI STANTON
275190001010
276970306101
1515 VANDALL
PAUL J STANTON
LOUIS S & MARGARET P LIZARRAGA
271470000171
689 WENTWORTH AVE W 203
MARK A GIORGINI REVOCABLE
TRUST 5/26/9
271470000101
1595 DODD RD E1
MARY H COMMERS
276970104030
1565 DODD RD
MARY L OFLAHERTY
276970305060
684 3RD AVE
MY THREE SONS LLC
271470000071
M 1585 DODD RD 301
RAYMOND A & MARY LOU MCLEVISH
271470000011.
1585 DODD RD 101
RICHARD A JAMIESON
276970305100
ROBERT & KATHLEEN BONINE
276970305050
688 3RD AVE
ROBERT & KATHLEEN BOVINE
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed, This is not a Map Scale
iegal document and should not be substituted for a title search,appraisal, survey, or for zoning 1 inch = 305 feet
page 114
Page 3
At
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276970307041 277120000010
1516 VANDALL ST 661 4TH AVE
ROBERT D BRADT THOMAS G & JUDITH STANTON
271470000081 271470000131
1585 DODD RD 302 689 WENTWORTH AVE W 102
ROBERT F & KAREN K GARLAND TIMOTHY R MCLEVISH
275190001020 271470000141
1521 VANDALL ST 0 689 WENTWORTH AVE W 103
ROBERT K GUENTHER TIMOTHY R MCLEVISH
271470000051 276970104024
1585 DODD RD 202 1549 DODD RD
ROBERT L & MARY H TEMPLE TODD J ADRIAN
271470000031 277120000030
1585 DODD RD 103 1521 DODD RD
RONALD P & HELEN J LIFSON WILLIAM D €k MICHELLE NIELSEN
277120000020
1533 DODD RD
STEVEN J & KARLA J GOTHAM
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a Map Scale
legal document and should not be substituted for a title search, appraisal, survey, or for zoning 1 inch = 304 feet
verification. Dakota County assumes no legal responsibility for the information contained in this data. 5/7/2014
page 115
7c.
1101 Victoria Curve I Mendota H
651.452.1850 phone 1 651.452.8940 fax
www rrendota-heights.com
CITY OF
MENDOTA HEIGHTS
DATE: July 1, 2014
TO: Mayor, City Council and City Administrator
FROM: Nolan Wall, AICP
Planner
SUBJECT: Resolution Denying Front and Side Yard Setback Variance Requests
BACKGROUND
The applicants are requesting variances from the front and side yard setback standards to construct an
addition to their single-family residential dwelling at 1704 Vicki Lane. The proposed addition would
enlarge the existing two -car attached garage with another stall, add a mudroom and small studio, and
remodel the kitchen. However, the proposed improvements encroach into the required front and side yards
and necessitate variances from both standards.
While portions of the proposed addition encroach into different required yards, Staff recommended the
Planning Commission consider the variance requests together since the entire addition is being considered
as one project.
The Planning Commission conducted a public hearing at the June 24 meeting. There were no public
comments.
BUDGETIMPACT
N/A
RECOMMENDATION
The Planning Commission recommended denial of the variance requests, as described in Planning Case
2014-17. If the City Council desires to implement the recommendation, pass a motion adopting
RESOLUTION 2014-39 DENYING FRONT AND SIDE YARD SETBACK VARIANCES.
This matter requires a simple majority vote.
page 116
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2014-39
RESOLUTION DENYING FRONT AND SIDE YARD SETBACK VARIANCES
WHEREAS, Ned Rukavina and Leslie Pilgrim have applied for variances from the front and
side yard setback standards in order to construct an addition to their single-family dwelling at 1704
Vicki Lane (PID#: 27-76400-01-250, TILSENS HIGHLAND HEIGHTS, PT OF LOT 24 BLK 1
LYING E OF W LINE L 35 EXT S TO VICKI LANE AND ALL OF LOT 25, BLOCK 1) as
proposed in Planning Case 2014-17; and
WHEREAS, the Mendota Heights Planning Commission held a public hearing on this
matter at their regular meeting on June 24, 2014.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the
front and side yard setback variance requests as proposed in Planning Case 2014-13 are hereby
denied with the following findings of fact:
1. The proposed dwelling and garage addition's encroachment into the required front and side
yard setbacks is inconsistent with the intent of the Code to promote green space, preserve
adequate drainage and utility easement corridors, and allow for adequate buffering between
structures.
2. An addition to accommodate another garage stall may be accomplished without the need for
a setback variance.
3. While inconvenient or less desirable, an addition to expand the existing dwelling could be
accomplished by expanding other portions of the dwelling without the need for a variance.
4. The proposed encroachments into the required setback areas constitute an unreasonable use
of the setback area and will substantially increase the footprint of the structure towards the
street, both of which are out of character for the neighborhood.
Adopted by the City Council of the City of Mendota Heights this first day of July, 2014.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Sandra Krebsbach, Mayor
ATTEST:
Lorri Smith, City Clerk
page 117
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2014-39 (ALTERNATE)
RESOLUTION APPROVING FRONT AND SIDE YARD SETBACK VARIANCES
WHEREAS, Ned Rukavina and Leslie Pilgrim have applied for variances from the front and side
yard setback standards in order to construct an addition to their single-family dwelling at 1704 Vicki Lane
(PID#: 27-76400-01-250, TILSENS HIGHLAND HEIGHTS, PT OF LOT 24 BLK 1 LYING E OF W
LINE L 35 EXT S TO VICKI LANE AND ALL OF LOT 25, BLOCK 1) as proposed in Planning Case
2014-17; and
WHEREAS, the Mendota Heights Planning Commission held a public hearing on this matter at
their regular meeting on June 24, 2014.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the front
and side yard setback variance requests as proposed in Planning Case 2014-13 are hereby approved with
the following findings of fact:
1. The proposed addition is a reasonable use of the subject property.
2. The proposed garage expansion is minimal and will only encroach 18 -square feet into the required
side yard to provide for three vehicle stalls and will be offset by areas of the garage in which the
setback is greater relative to the side property line.
3. The proposed addition cannot be accommodated within the required front and side yard setbacks
due to the existing location of the dwelling on the irregularly shaped lot with cul-de-sac frontage.
BE IT FURTHER RESOLVED by the Mendota Heights City Council that the front and
side yard setback variance requests as proposed in Planning Case 2014-13 are hereby approved with the
following conditions:
1. A building permit be obtained prior to construction of the addition.
2. The proposed driveway expansion is revised to be compliant with the side yard setback
requirements or an additional variance is obtained to construct it as proposed
3. The applicant shall submit grading plans and a dimensioned site plan with associated easements,
subject to review and approval by the City Engineering Department as part of any building permit
application.
4. Any land disturbance activities must be in compliance with the City's Land Disturbance Guidance
document.
Adopted by the City Council of the City of Mendota Heights this first day of July, 2014.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Sandra Krebsbach, Mayor
ATTEST:
Lorri Smith, City Clerk
page 118
1101 Victoria Curve I Mendota Heights, MN 55118
651.452.1850 phone 1 651.452.8940 fax
www.mendota-heights.com ,
CITY OF
MENDIDTA HEIGHTS
DATE:
June 24, 2014
TO:
Planning Commission
FROM:
Nolan Wall, AICP
Planner
SUBJECT:
Planning Case 2014-17
Front and Side Yard Setback Variance Requests
APPLICANT:
Ned Rukavina and Leslie Pilgrim
PROPERTY ADDRESS:
1704 Vicki Lane
ZONING/GUIDED:
R-1 One Family Residential/LR Low Density Residential
ACTION DEADLINE:
August 3, 2014
DESCRIPTION OF THE REQUEST
The applicants are seeking variances from the front and side yard setback standards to construct an addition
to their single-family residential dwelling at 1704 Vicki Lane.
BACKGROUND
The subject parcel is 0.48 acres (21,104 square feet) and contains an existing single-family residential
dwelling with an attached two -car garage. In addition, it is zoned R-1 One Family Residential and guided
for low density residential development. The applicants intend to construct an addition to enlarge the garage
with an additional stall, add a mudroom and small studio, and remodel the kitchen. The proposed addition
encroaches into the required front and side yards and necessitates variances from both standards.
ANALYSIS
Comprehensive Plan
The subject parcel is guided LR Low Density Residential in the 2030 Comprehensive Plan. The applicant's
request to construct an addition is consistent with the continued use as a single-family residential dwelling.
Setback Variance Requests
The existing dwelling, including the attached garage, are within the required 30 -foot front yard and 10 -foot
side yard setbacks for the R-1 District. As shown in the attached Site Plan, the proposed addition would
encroach 11 feet, at its greatest dimension, into the required front yard and totals 204 square feet. The
addition would also encroach 5 feet, at its greatest dimension, into the required side yard and totals 18
square feet. In total, the proposed addition would encroach approximately 222 square feet into the required
setback areas.
The proposed addition would extend the western portion of the existing structure 15 feet closer to the street
and would match a similar, existing extension on the eastern portion of the dwelling. The subject parcel is
page 119
located on a cul-de-sac which causes a curvilinear front yard setback line. According to the applicants, the
existing location of the dwelling, on the nearly half -acre, pie -shaped subject parcel, makes square structures
difficult to fit.
Title 12-IE-I(B)(4) of the City Code requires that driveways in single-family residential zoning districts
be a minimum of 5 feet from side lot lines and no greater than 25 feet wide at the property line. The Site
Plan indicates an expanded driveway would be located within 2 feet of the side lot line. To the extent that
an alternate design cannot be accomplished in compliance with the Code requirements, the applicants would
be required to apply for another variance to construct the driveway as proposed.
When considering variances for the proposed addition, the City is required to find that:
1. The request is in harmony with the general purposes and intent of the ordinance and comprehensive
plan and the applicant proposes to use the property in a reasonable manner.
An expansion of the existing single-family dwelling and attached garage is a reasonable use of the property
and compliant with the Comprehensive Plan. The existing attached garage is approximately 400 square
feet and, based on the preliminary architectural drawing submitted as part of the application, the additional
garage stall and square footage appears to meet the permitted 1,200 -square foot standard for attached private
garages in residential zoning districts.
However, side yard setbacks for structures are intended to ensure that green space exists between properties
to accommodate drainage and utility easements along property boundary lines and provide adequate
buffering between structures. The proposed expansion of the structure to accommodate an additional
garage stall will leave approximately 5 feet between the new wall and the property line at the farthest
dimension of the encroachment.
In addition, front yard setbacks for structures are intended to promote a uniform frontage along the street
and allow adequate space between the right-of-way and property boundary lines for utilities or future
improvements. The proposed expansion would encroach as much as I I feet into the required front yard,
leaving just under 20 feet in certain areas between the structure and right-of-way.
2. The applicant establishes there are practical difficulties with complying with the ordinance due to
circumstances that are unique to the property which are not created by the applicant or based on
economic considerations;
The existing location of the dwelling on the subject parcel only creates a practical difficulty in expanding
the structure in the manner as proposed by the applicants. It appears that an expansion of the garage and
other portions of the existing dwelling into the side and rear yards could be accomplished without
encroaching into the required setbacks (see Exhibit 1). However, based on the existing layout of the house,
expansions in these areas may not fit the applicant's needs and/or desires.
The Code allows encroachments for covered/enclosed entryways, including porches, decks, stoops, or
similar structures, into the required front yard under certain conditions. Based on the proposed
improvements within the front yard encroachment, consisting of a mud room, studio, and remodeled
kitchen, it is unlikely that any would be eligible under this Code provision. Nevertheless, the applicants
can pursue expansion of the existing dwelling into the required front yard in compliance with this Code
provision which would not require a variance.
3. The request will not alter the essential character of the locality.
The Vicki Lane cul-de-sac neighborhood, which contains 10 single-family residential dwellings, does not
have any three -car garages. According to the applicants, they intend to make the addition fit in with the
existing dwelling and the additional garage stall will eliminate a parked car in the driveway, improving the
look of the neighborhood. However, the proposed addition and associated encroachments will eliminate a
page 120
significant portion of the existing driveway and substantially increase the footprint of the structure towards
the street. Based on an analysis of aerial photos of the neighborhood, it appears that all existing dwellings
in the neighborhood meet or exceed the R-1 District's 30 -foot front yard setback (see Exhibit 2). For that
reason, Staff's believes the proposed addition is out of character for the neighborhood.
STAFF RECOMMENDATION
Staff recommends denial of the variance requests for construction of the proposed addition within the
required front and side yard setbacks. While portions of the proposed addition encroach into different
required yards, Staff recommends the Planning Commission consider the variance requests together since
the entire addition is being considered as one project. The existing dwelling and attached garage were
constructed in their current configuration in compliance with the applicable setback requirements and the
applicants may pursue other expansion alternatives that may not require setback variances.
If the Planning Commission desires to approve the entire application submittal, as proposed, the following
conditions should be included:
1. A building permit be obtained prior to construction of the addition.
The proposed driveway expansion is revised to be compliant with the side yard setback
requirements or an additional variance is obtained to construct it as proposed.
3. The applicant shall submit grading plans and a dimensioned site plan with associated easements,
subject to review and approval by the City Engineering Department as part of any building permit
application.
4. Any land disturbance activities must be in compliance with the City's Land Disturbance Guidance
document.
ACTION REQUESTED
Following a public hearing, the Planning Commission may consider the following actions:
1. Recommend denial of the variance requests for construction of an addition within the required
front and side yard setbacks, based on the attached findings of fact.
M,
2. Recommend approval of the variance requests for construction of an addition within the required
front and side yard setbacks, based on the attached findings of fact, with conditions.
CIT
3. Table the request.
MATERIALS INCLUDED FOR REVIEW
1. Aerial site map
2. Variance Application, including supporting materials
3. Exhibit 1: Potential Garage Expansion map
4. Exhibit 2: Vicki Lane Front Yard Setbacks map
page 121
FINDINGS OF FACT FOR DENIAL
Variance Requests for Dwelling and Garage Addition
1704 Vicki Lane
The following Findings of Fact are made in support of denial of the proposed request:
1. The proposed dwelling and garage addition's encroachment into the required front and side yard
setbacks is inconsistent with the intent of the Code to promote green space, preserve adequate
drainage and utility easement corridors, and allow for adequate buffering between structures.
2. An addition to accommodate another garage stall may be accomplished without the need for a
setback variance.
3. While inconvenient or less desirable, an addition to expand the existing dwelling could be
accomplished by expanding other portions of the dwelling without the need for a variance.
4. The proposed encroachments into the required setback areas constitute an unreasonable use of the
setback area and will substantially increase the footprint of the structure towards the street, both
of which are out of character for the neighborhood.
page 122
FINDINGS OF FACT FOR APPROVAL
Variance Requests for Dwelling and Garage Addition
1704 Vicki Lane
The following Findings of Fact are made in support of approval of the proposed request:
1. The proposed addition is a reasonable use of the subject property.
2. The proposed garage expansion is minimal and will only encroach 18 -square feet into the
required side yard to provide for three vehicle stalls and will be offset by areas of the garage in
which the setback is greater relative to the side property line.
3. The proposed addition cannot be accommodated within the required front and side yard setbacks
due to the existing location of the dwelling on the irregularly shaped lot with cul-de-sac frontage.
::-
EXHIBIT 1:
Planning Case 2014-17
page 123
Potential Garage Expansion
i
t- VIN K
�! ze"uLt, vrq�1 I #+i _
EXHIBIT 2
Planning Case 2014-17
Vicki Lane 30' FY Setbacks
Date: 6/16/2014
v
o ao n7
"!%iii
SCALE IN FEET
City of
Mendota
Heights
GIS Map Disclaimer:
This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat,
survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information contained
in this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errors
or omissions herein. If discrepancies are found, please contact the City of Mendota Heights.
Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation.
Planning Case 2014-17
1704 Vicki Lane
Date: 6/12/2014
0 30
SCALE IN FEET
City of
Mendota
Heights
GIS Map Disclaimer:
This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat,
survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information contained
in this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errors
or omissions herein. If discrepancies are found, please contact the City of Mendota Heights.
Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation.
page 126
1101 Victoria Curve I Mendota Heights, MN 55118
6514521850 phone I 651:452.8940 fax
www:mendota-heigl'ltsxc)lm 1
CITY OF
MENDOTA HEIGHTS
APPLICATION FOR CONSIDERATION OF PLANNING REQUEST
Property Address/Street Loc tion: a L.
Applicant Name:
Applicant E -Mail Address: • r 1n,Mfi ' 69SAWI�WAIM, C6 M
Applicant Mailing Address: 6 ' .-
Property Owner Name:
Property Owner Mailing Address: e�� 44,ve-
Legal Description & PIN of Property: (Complete Legal from Title or Deed must be provided)
1^4 i c A-1 d// 4A d%t,#A,+ Al / A 4 2d. 1141AM 9A4A!r/1* 64 AA Ore16AMAAF;,V &I_�I,
Live. i- Le3< Ack
� �► L" f, - ksAr- `)�f fie.' G�►� ,�., RCec,�
T
Type of Request: put2$
❑ Rezoning ❑ Conditional Use Permit ❑ Conditional Use Permit for PUD
N, Variance ❑ Wetlands Permit ❑ Preliminary/Final Plat Approval
❑ Subdivision Approval
❑ Code Amendment
❑ Critical Area Permit
❑ Lot Split
❑ Comprehensive Plan Amendment
❑ Other
I hereby declare that all statements made in this request and on the additional material are true.
I further authorize City Officials and agents to inspect the above property during daylight hours.
Sig ature 6fA;
. ant Date
-2- /z/
&atur,nerDate
.Z- Y
Signature of Owner (if more than one) Date
Planning Application (modified 1/28/2014) Page 1 of 1
page 127
Please answer the following questions as they relate to the variance request.
You may fill in this form or create your own.
1. In your opinion, does the proposal put the property to use in a reasonable manner?
YES ❑ NO
Why or why not?
. /H' -fir
we- tot�4 Jk— A4& �tx— c' A&;%'f— Ai -
/004 X004
2. Please describe the circumstances unique to the property (not created by YOU).
Iry
/0
WWj
A Arv*�
MOOLP-
3. In your opinion, will the variance, if granted, tit witn the cnaracter or the
neighborhood?
YES ❑ NO
by or why not? A ,
10r
moi..
•
•v Imo.. fe wJJ /1 �A s /1/F�1�
The Planning Commissi n must make an affirmative finding on alf of the criteria listed
above in order to grant a variance. The applicant for a variance has the burden of proof to
show that all of the criteria listed above have been satisfied.
Variance Checklist/Questionnaire (modified 1216/2013) Page 2 of 3
Date:
page 128
SIGNATURES OF CONSENT FOR WAIVING PUBLIC HEARING REQUIREMENT
To: Mendota Heights Planning Commission
From: _"
Subject: Application for a Variance at: 110YAkt—Li Z44641
The request for a variance is to construct: (MrA4,4n�2n�— ,x.►
We the undersigned have reviewed the plans for 1 76!4 01 c.K', 1A&e c.._ , and
understand the terms and conditions of the requested variance.
We have no objections to this request and do hereby give our written consent and consent to
waiver of public hearing.
Sincerely,
NAME (Please Print)
SIGNATURE
. Vis. • � •: t .l_.a�i�r"r"'
ADDRESS (INCL. LOT)
/70'7 11A-lelf Z14"V£
lib t -A o- I ,A vxe-
\CA iV . .,
3
�G
Variance Checklist/Questionnaire (modified 12/6/2013) Page 3 of 3
page 129
Parcel ID: 27-76400-01-240
1707 VICKI LN
MENDOTA HEIGHTS MN 55118
Property Details
Comparable Properties
Subdivision Plat
Tax Statement
Tax Payment Stub
Tax Facts
[Click to enlarge photo]
Owner JOSEPH & MICHELE B MORGAN
Owner Address 1707 VICKI LN
SAINT PAUL MN 55118-3657
Municipality MENDOTA HEIGHTS
Primary Use RESIDENTIAL
Acres 0.51
Square Feet 22,298
Sale Value (Improved) $0
Plat Name TILSENS HIGHLAND HEIGHTS
Tax Description PT N OF LINE OF LOT 23 BLK 1 COM INT W LINE & N LINE LOT 15 E TO PT ON E LINE LOT
23 8 FT N OF SE COR & PT OF LOT 24 BLK 1 LYING W OF W LINE LOT 35 EXT S TO VICKI LANE
Lot and Block 241
PLS Location SEI/4 SWI/4 SECTION 23-028-23
School District 197
page 130
Parcel ID: 27-76400-01-120
1686 LILAC LN
MENDOTA HEIGHTS MN 55118
Property Details
Comparable Properties
Subdivision Plat
Tax Statement
Tax Payment Stub
Tax Facts
[Click to enlarge photo]
Owner LEWIS A & MARJORIE BLUSTIN
Owner Address 1686 LILAC LN
SAINT PAUL MN 55118-3646
Municipality MENDOTA HEIGHTS
Primary Use RESIDENTIAL
Acres 0.47
Square Feet 20,413
Sale Value (Improved) $0
Plat Name TILSENS HIGHLAND HEIGHTS
Lot and Block 121
PLS Location NE1/4 SW1/4 SECTION 23-028-23
School District 197
Watershed District LOWER MISSISSIPPI
page 131
Parcel ID: 27-76400-01-320
1713 VICTORIA RD S
MENDOTA HEIGHTS MN 55118
Property Details
Comparable Properties
Subdivision Plat
Tax Statement
Tax Payment Stub
Tax Facts
[Click to enlarge photo]
Owner KEITH J & NANCY E STANTON
Owner Address 1713 VICTORIA RD S
SAINT PAUL MN 55118-3661
Municipality MENDOTA HEIGHTS
Primary Use RESIDENTIAL
Acres 0.32
Square Feet 13,754
Date of Sale (Improved) 2/26/1997
Sale Value (Improved) $137,000
Plat Name TILSENS HIGHLAND HEIGHTS
Lot and Block 321
PLS Location SEI/4 SWI/4 SECTION 23-028-23
School District 197
Watershed District LOWER MISSISSIPPI
page 132
Parcel ID: 27-76400-01-260
1710 VICKI LN
MENDOTA HEIGHTS MN 55118
Property Details
Comparable Properties
Subdivision Plat
Tax Statement
Tax Payment Stub
Tax Facts
[Click to enlarge photo]
Owner MARA BENJAMIN
Joint Owner LAURIE MIRYAM KABAKOV
Owner Address 1710 VICKI LN
MENDOTA HEIGHTS MN 55118
Municipality MENDOTA HEIGHTS
Primary Use RESIDENTIAL
Acres 0.28
Square Feet 12,339
Date of Sale (Improved) 8/4/2008
Sale Value (Improved) $350,000
Plat Name TILSENS HIGHLAND HEIGHTS
Lot and Block 261
PLS Location SEI/4 SWI/4 SECTION 23-028-23
School District 197
page 133
Parcel ID: 27-76400-01-360
1691 VICTORIA RD S
MENDOTA HEIGHTS MN 55118
Property Details
Comparable Properties
Subdivision Plat
Tax Statement
Tax Payment Stub
Tax Facts
[Click to enlarge photo]
Owner KRISTI K ODEGARD BERGENE
Owner Address 1691 VICTORIA RD S
MENDOTA HEIGHTS MN 55118
Municipality MENDOTA HEIGHTS
Primary Use RESIDENTIAL
Acres 0.69
Square Feet 30,094
Date of Sale (Improved)10/4/2010
Sale Value (Improved) $230,000
Plat Name TILSENS HIGHLAND HEIGHTS
Tax Description ALL OF LOT 35 BLK 1 & S 1/2 OF
Lot and Block 361
PLS Location NEI/4 SWI/4'SECTION 23-028-23
School District 197
page 134
Nolan Wall
From:
Ned Rukavina
Sent:
Monday, June 02, 2014 9:20 AM
To:
Nolan Wall
Subject:
1704 Vicki Lane - Variance
Nolan,
Hi -
Just a quick note to follow up on the variance application that I submitted this Morning.
We are planning an addition to our home to add a garage stall, increase the size of our existing garage, add a mudroom,
small studio and remodel our kitchen. Landscaping will be rework and the driveway will be limited to an efficient form.
Joe & Michelle Morgan ... the neighbor most effected by our plans have walked the site with us and are comfortable with
our proposal.
Provided everything comes together ... a Fall construction start would be planned.
Please let me know if you have any questions or if you need anything else.
Thank for your assistance with this process.
Best regards,
Ned
le -
page 135
107l
1
1 8,
t- VIN K
page 137
Affidavit ®f Publication
State of Minnesota
SS
County of Dakota
ANNE THILLEN being duly sworn, on oath, says that
he/she is the publisher or authorized agent and employee of the publisher of the newspaper known
as SOUTH-WEST REVIEW and has full knowledge of the facts which are
stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified
newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended.
(B) The printedNOTICE OF HEARING
which is attached was cut from the columns of said newspaper, and was printed and published once each
week, for 1 successive weeks; it was first published on SUNDAY , the 8 TH day of
JUNE 2014 , and was thereafter printed and published on every to and
including , the day of , 20 ; and printed below is a copy of the
lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of
type used in the composition and publication of the notice:
`ABCDEFGHIJKLMNOPQRSTUVWXYZ
`ABCDEFGHIJKLMNOPQRSTUVWXYZ
*abcdetgh ijklmnopq rstuvwxyz
Subscribed and sworn to before me on
t is 9TH day of JUNE _ 20 14
BY: L. /Y r. 74&,,
TITLE LEGAL COORDINATOR
Notary Public
"Alphabet should be in the same, size and kind of type as the notice.
=` `f®NYA R VIlH{TEHEAD
:.
�^ Notary Public -Minnesota RATE INFORMATION
My Commission Expires J.31
n 312015
(1) Lowest classified rate paid by
commercial users for comparable space............................................................... $25.00 per col. inch
(2) Maximum rate allowed by law for the above matter ............................................. $25.00 per col. inch
(3) Rate actually charged for the above matter.......................................................... $ per col. inch
1/14
page 138
APU13LIC HEARING ON'A
REQUEST FOR VARIANCES TO'..
meeting.
Lorri Smith
City Clerk
(South-West Review: June 8, 2014)
Planning Case 2014-17 Public bearing Notice Mailing List
277640100220 277640001240
1689 LILAC LN 1707 VICKI LN
ALLAN RUST JOSEPH & MICHELE B MORGAN
277640001270
0 1720 VICKI LN
EDUARDO CHAVEZ
2.77640100200
0 1695 LILAC LN
JAMES S KULHANEK
277640001280
0 1724 VICKI LN
JILL M RUKAVINA
277640001130
ED 1694 LILAC LN
JOAN R BEHR YARMO
277640001120
1686 LILAC LN
LEWIS A & MARJORIE BLUSTIN
277640001260
1710 VICKI LN
MARA BENJAMIN
277640001330
1705 VICTORIA RD
MARCIA M BYRD
277640001140
1700 LILAC LN
MARK H & JOANNE L MANSUR
page 139
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a Map Scale
legal document and should not be substituted for a title search,appraisal, survey, or for zoning 1 inch = 432 feet
verification. Dakota County assumes no legal responsibility for the information contained in this data. 6/4/2014
277127502020
277640001370
1690 CELIA RD
1681 VICTORIA RD S
ALLEN & BETH SHAW
KATHLEEN PINE LEMAY
277640001210
277640001320
1721 VICKI LN
to 1713 VICTORIA RD S
CHRISTOPHER & ANNA KINCANNON
KEITH J & NANCY E STANTON
277640001230
278195000020
1711 VICKI LN
CITY OF MENDOTA HEIGHTS
KEITH R BELLIS
277640100221
277127502010
a
1681 LILAC LN
M 1696 CELIA RD
CRAIG B FAULKNER
KEVIN J & BEVERLY E BOHRER
277640001340
277640001360
1699 VICTORIA RD S
1691 VICTORIA RD S
EDUARDO CHAVEZ
KRISTI K ODEGARD BERGENE
277640001270
0 1720 VICKI LN
EDUARDO CHAVEZ
2.77640100200
0 1695 LILAC LN
JAMES S KULHANEK
277640001280
0 1724 VICKI LN
JILL M RUKAVINA
277640001130
ED 1694 LILAC LN
JOAN R BEHR YARMO
277640001120
1686 LILAC LN
LEWIS A & MARJORIE BLUSTIN
277640001260
1710 VICKI LN
MARA BENJAMIN
277640001330
1705 VICTORIA RD
MARCIA M BYRD
277640001140
1700 LILAC LN
MARK H & JOANNE L MANSUR
page 139
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a Map Scale
legal document and should not be substituted for a title search,appraisal, survey, or for zoning 1 inch = 432 feet
verification. Dakota County assumes no legal responsibility for the information contained in this data. 6/4/2014
Page 2
277640001100
� 2.70370013010
1672 LILAC LN !�7
MARY E KINGSTON �•/ STATE OF MN DOT
277127501050 277640001200
1679 CELIA RD 1733 VICKI LN
NAUM & MARINA LIBERMAN STEPHEN P & MAUREEN BARRY
277640001250
1704 VICKI LN
NED V RUKAVINA
277640001090
1666 LILAC LN
PATRICIA M CARSON
277640001310
1721 VICTORIA RD S
PATRICK T SEIFERT
277640001180
1730 LILAC LN
STEVEN M MASSEY
277640001150
ta 1704 LILAC LN
THOMAS J & NANCY ] NELSON
277640001201
1725 VICKI LN
THOMAS P PARKER
277640001170 277640001300
1710 LILAC LN 1731 VICTORIA RD
ROLLIN NEIL LARSON THOMAS S KREAGER
277640001380 277640001290
1671 VICTORIA RD S 1732 VICKI LN
ROXY A KLEIN TRACI A GELLER
277640001110
1678 LILAC LN
SANDRA & PER MOBERG
Disclaimer; Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a Map Scale
legal document and should not be substituted for a title search, appraisal, survey, or for zoning 1 inch = 431 feet
verification. Dakota County assumes no legal responsibility for the information contained in this data. 6/4/2014