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2014-09-02 Council PacketLnj 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Adopt Agenda 5. Consent Agenda CITY OF MENDOTA HEIGHTS CITY COUNCIL AGENDA September 2, 2014-7:00 pm Mendota Heights City Hall a. Approval of August 19, 2014 City Council Minutes b. Approval of August 19, 2014 City Council Workshop Minutes C. Acknowledgement of August 26, 2014 Planning Commission Minutes d. Approval of Personnel Action Report e. Award Contract for 2014 Street Striping Project f. Accept July 2014 Fire Department Synopsis Report g. Approval of City Administrator Out -of -State Travel Request h. Approval of Annual Contribution to the Mendota Heights Athletic Association i. Approve Appointment of Permanent Firefighters j. Approval of Temporary On -Sale Liquor License for St. Thomas Academy k. Accept Resignation of Planning Commission Robin Hennessy I. Approval of Resolution 2014-48 Conditional Use Permit for Upgrades to Wireless Antenna Tower at 1196 Northland Drive, Planning Case 2014-23 M. Approval of Resolution 2014-49 Conditional Use Permit for Upgrades to Wireless Antenna Tower at 894 Sibley Memorial Highway, Planning Case 2014-24 n. Approval of July 2014 Treasurer's Report 0. Approval of Claims List p. Approval of Contractors List 6. Public Comments 7. New and Unfinished Business a. Planning Case 2014-21, Wetlands Permit at 667 Ivy Falls Court, Approve Resolution 2014-47 b. Review of Proposed Gas and Electric Utility Franchise Agreements C. 2014 Bond Issue and Refunding 8. Community Announcements 9. Council Comments 10. Adjourn page 2 5 a. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, August 19, 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, Petschel, and Norton. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Krebsbach presented the agenda for adoption. Councilmember Duggan moved adoption of the agenda. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and approval. Councilmember Duggan moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein, pulling items e) Accept Fire Department Retirement and Resignation; g) Approval of Victoria/Rolling Green Street Improvement Project Change Order to Pave Hockey Rink at Marie Park; i) Approval of Wagon Wheel Trail Boulevard Reseeding; and k) Review of Ordinance 468, Permanently Allowing Motorized Boats on Rogers Lake. a. Approval of August 5, 2014 City Council Minutes b. Acknowledgement of August 11, 2014 Parks and Recreation Commission Minutes c. Acknowledgement of August 13, 2014 Airport Relations Commission Minutes d. Approval of Personnel Action Report e. Accept Fire Department Retirement and Resignation f. Approval of July 2014 Par 3 Report g. Approval of Victoria/Rolling Green Street Improvement Project Change Order to Pave Hockey Rink at Marie Park page 3 h. Approval of Fire Department Turnout Gear Purchase i. Approval of Wagon Wheel Trail Boulevard Reseeding j. Accept Bids and Award Project for 35E and Marie Avenue Storm Sewer Improvements k. Review of Ordinance 468, Permanently Allowing Motorized Boats on Rogers Lake 1. Receipt of July 2014 Building Activity Report in. Approval of Claims List n. Approval of Contractors List o. Approval of Temporary Liquor License for Holy Family Maronite Catholic Church Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEM E) ACCEPT FIRE DEPARTMENT RETIREMENT AND RESIGNATION Councilmember Duggan acknowledged the over 60 years of service provided by the Lerbs family to the City and he thanked them for their contributions as Mendota Heights Firefighters. Councilmember Duggan moved to regretfully accept the retirement of Jamie Lerbs effective September 1, 2014 and formally thank him, his wife Jane, and his daughter Betsy for his 35 years of service to the community as a Mendota Heights Firefighter; and to accept the resignation of Bob Petrasek effective August 14, 2014 and to formally thank Bob Petrasek and his family for his service to our community as a Mendota Heights Firefighter. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 G) APPROVAL OF VICTORIA/ROLLING GREEN STREET IMPROVEMENT PROJECT CHANGE ORDER TO PAVE HOCKEY RINK AT MARIE PARK City Engineer John Mazzitello explained the City has been reconstructing Victoria Road between Marie Avenue and Highway 13, as well as rehabilitating the Rolling Green neighborhood just to the south and west. As part of this project, staff utilized a portion of Marie Park, where the skating rink normally stands, as material storage for the project. As part of the project, City staff has asked the contractor to provide a quote on using remnant material from the project in the skating arena area for putting down a paved surface that could be flooded for future skating rinks in the park. If the project were done in association with the ongoing street project, the cost would be $21,000; and if done as a stand-alone project, the cost would be $43,600. This is a capital improvement that has been on the Park Maintenance wish list for quite some time. For the past 15 years, the Friendly Hills rink has been paved. The Parks maintenance staff has reported that the Friendly Hills rink floods in less than half the time of the grass rinks and is far easier to maintain because the ice surface retains its integrity better when the temperature goes above 32°. page 4 Staff requested the quote in an effort to get some economy for the capital improvement project. If approved, the funding for this project would be part of the Victoria/Rolling Green contract and not spent out of the special park fund. Councilmember Duggan commended City Engineer Mazzitello and staff for helping the City save some money and to expedite something in conjunction with another project. Mayor Krebsbach stated that her preference would be that the hockey boards come down in the summer, so the area could be used as some sort of field. Because she feels this would not prevail, she requested that it be maintained so that it would not be cracked and weedy. Engineer Mazzitello noted that the Friendly Hills Rink has been in place for approximately 15 years and is just now starting to show signs of needing crack sealing and surface maintenance. With the proper maintenance schedule, it is anticipated that it would not need repaving for approximately 30 years. Councilmember Povolny moved to approve a contract change order for City Project Number 2013-08 in the amount of $21,000.00 for the purpose of installing a paved area to be utilized as a skating rink in Marie Park. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 I) APPROVAL OF WAGON WHEEL TRAIL BOULEVARD RESEEDING Mayor Krebsbach noted that the City is reseeding the Wagon Wheel Trail boulevard because of the heat and lack of water last year. Engineer Mazzitello noted that this is the third time the City has seeded the boulevard. Wagon Wheel Trail was reconstructed in 2011, and due to the heat and drought of that year, all of the vegetation that was planted in the boulevard died. It was reseeded again in early 2013 and the end of last summer was also extremely dry and hot, causing the vegetation to die again. As this is the third time the boulevard is being reseeded, staff requested that the area residents take care and maintain the boulevard between the trail and street — water, weeding, cutting, etc. Councilmember Duggan moved to authorize a purchase order to Twin City Hydro Seeding for $10,068.80. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 K) REVIEW OF ORDINANCE 468, PERMANENTLY ALLOWING MOTORIZED BOATS ON ROGERS LAKE Mayor Krebsbach noted that this is an example of a neighborhood making a request and having a reasonable trial period. The City looked at how we could have electric motors on Rogers Lake without adversely affecting the neighborhood with a lot of motorized traffic. page 5 Engineer Mazzitello explained that this was an introduction of the new ordinance that would take the temporary restriction off of an ordinance that was passed last year that allowed motorized watercraft on Rogers Lake. After Council review of this ordinance, it will be sent to the Department of Natural Resources (DNR) for formal review and approval. When the approval comes back, it will be brought back before Council for permanent adoption. Councilmember Duggan moved to accept the review of Ordinance 468 Motorized Watercraft on Rogers Lake. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 Councilmember Petschel noted that the temporary ordinance that was passed was not the original request made by the neighborhood. The Council received the original request and thought that maybe the battery powered motors were too big. The residents reformulated their request and brought it back to the Council. The Council agreed to a year-long trial period. In the meantime, that neighborhood group could serve as a template to residents elsewhere in the City who are around ponds and bodies of water in terms of the time, care, and interest they took — and continue to take — in maintaining the water that they live around. She wished to give formal recognition to the Rogers Lake Homeowners Association for the exemplary example they have set. PUBLIC COMMENTS There were no public comments. PRESENTATIONS A) SWEARING IN CEREMONY OF POLICE OFFICER NICK GORGOS Chief of Police Michael Aschenbrener introduced the City's newest Police Officer, Mr. Nick Gorgos. He then explained the process necessary to become a Mendota Heights Police Officer. Mr. Gorgos is from St. Paul and attended Normandale Community College before moving to Savannah, Georgia and going to work for Savannah/Chatham Metropolitan Police Department, where he has 7.5 years of experience in narcotics, S.W.A.T., and investigations. He is bringing a world of knowledge with him. While working there, he graduated from Armstrong Atlanta State University in Savannah as Magna Cum Laude. Mr. Gorgos recited the Police Code of Ethics, after which Mayor Krebsbach swore him in as a Mendota Heights Police Officer. Mayor Krebsbach noted that many of Officer Gorgos' fellow officers were present to provide their support. The Council, staff, and the audience showed their support to all of the officers present. page 6 NEW AND UNFINISHED BUSINESS A) RESOLUTION 2014- 46 APPROVING AMENDMENTS TO THE FINAL PUD, FINAL PLAT, AND DEVELOPMENT AGREEMENT FOR LEMAY SHORES DEVELOPMENT Planner Nolan Wall explained that this was an approval of amendments to the Final PUD, Final Plat, and Development Agreement for Lemay Shores Development. The proposal would be for a 60 -unit townhome development south of the current Augusta Shores Development. The Council originally approved the PUD, Plat, and Development Agreement in 2007 but it was never constructed. Since then, the Development Agreement has been amended several times to allow for extensions of the project and of the contract itself. Most recently, the Council approved an extension in June 2014. Ryland Homes has now taken over development of the project. The amendments to the Final PUD and Final Plat are necessary to accommodate a new twin -home design. Staff believes this new design would enhance the overall frontage of the development. In order to accommodate this new design, Ryland Homes proposed amendments to the internal configuration of the lots and to amend the Final Plat. Staff has determined that these proposed amendments are considered minor and would not need review by the Planning Commission. Staff has also been working with the developer to amend the Development Agreement based on the proposed changes to the Final PUD and Final Plat. Councilmember Duggan applauded Mr. Patrick Hoffman and the Hoffman Family for continuing to be patient with the City, as the City has been with them. Mayor Krebsbach asked when development would begin. Mr. Ian Peterson, VP of Ryland Homes, replied that they plan to move forward as quickly as they can. They plan to start grading the area the first part of September. Their goal is to have a model home completed and some roads built in time for the Spring Parade of Homes to be held in the first week of March 2015. Councilmember Duggan moved to pass RESOLUTION 2014-46 APPROVING AMENDMENTS TO THE PLANNED UNIT DEVELOPMENT FINAL DEVELOPMENT PLAN, FINAL PLAT AND DEVELOPMENT AGREEMENT FOR LEMAY SHORES. Councilmember Norton seconded the motion. Councilmember Petschel suggested that Section 3-18 (c) of the Development Agreement should be changed as follows: (c) Residential twin home structures shetil shall be constructed according to the Lemay Shores Aircraft Noise Assessment performed by David Braslau Associates, Inc. dated August XX, 2014. Planner Wall replied that this had been discussed and that there is a list of conditions that go along with that section, which implies that they shall comply. He has also spoken with the developer and they are fine with changing that `should' to `shall'. Ayes: 5 Nays: 0 page 7 COMMUNITY ANNOUNCEMENTS Assistant to the City Administrator Tamara Schutta made the following announcements: August 20th there will be a concert at Market Square, Kids Dance Party, 6:30 p.m Dakota County is offering a "Master the Art of Recycling" class to be held on Tuesdays beginning September 16. The purpose of the class is to create a volunteer pool of knowledgeable residents who inspire and teach others in the community to reduce waste and recycle. 15th Annual Traditional Wacipi Pow Wow, September 12 — 14, 2014 at St. Peter's Church Grounds in Mendota, MN. COUNCIL COMMENTS Councilmember Petschel requested an update on the goat grazing. Administrator Miller replied that as part of the Management Intensive Grazing Plan for Pilot Knob Open Space, goats were introduced to the site this summer. They are out grazing and eating the goldenrod for the next two weeks. Councilmember Povolny wished his wife a Happy Birthday. Mayor Krebsbach expressed her appreciation to everyone in the City for their efforts, their generous and inspired work, dedication and generosity over the past two weeks following the death of Officer Scott Patrick. ADJOURN Councilmember Duggan moved to adjourn. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 Mayor Krebsbach adjourned the meeting at 7:35 p.m. Sandra Krebsbach Mayor ATTEST: Lorri Smith City Clerk page 8 CITY OF MENDOTA HEIGHTS Sb. DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Council Workshop Held Tuesday, August 19, 2014 Pursuant to due call and notice thereof, a workshop of the City Council, City of Mendota Heights, Minnesota was held at 5:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Krebsbach called the meeting to order at 5:00 p.m. The following members were present: Councilmembers Norton, Petschel, and Povolny. Council member Duggan arrived at 5:08 p.m. Also in attendance: City Administrator Miller, Assistant to the City Administrator Tammy Schutta, City Engineer/Public Works Director Mazzitello, Finance Director Kristen Schabacker, Police Chief Mike Aschenbrener, Fire Chief John Maczko, Assistant Fire Chief Dave Dreelan, IT Manager Sue Donovan, Planner Nolan Wall, and City Clerk Lorri Smith. 2015 DRAFT BUDGET AND TAX LEVY DISCUSSION Administrator Miller presented the draft budget and tax levy with a 4.34% increase from 2014. The overall proposed tax levy was $6,890,489. The council went through each department's budget and asked questions of department directors about specific line items in each of their budgets. A significant increase in the budget is under Improvement Bonds, due to the bonds that were issued to pay for the Hunter/Orchard street improvement project. It was noted that IT related items have been taken out of most departmental budgets and centralized under the Information Technology budget. The exceptions to this are in the police and fire budgets, where IT expenses need to be allocated out for the police and fire contracts with our neighboring cities. The Council discussed the implementation of a gas and electric franchise fee, and the possibility of dedicating the revenue towards existing debt which would lower the levy. The Council reviewed information provided showing how this would affect a customer's bill and the amount of revenue that would be collected by the city annually. The Council discussed the renovation of the ice arena in West St. Paul and giving a contribution towards that project. The project would be a joint effort with the City of West St. Paul and ISD #197 and is estimated to cost between $1.3 and $1.8 million. A commitment letter is needed by October 1 st in order to apply for a $200,000 State of Minnesota grant. The Council discussed the $500 per firefighter increase proposed for the city contribution for the fire relief fund to help bring them more in line with the average of the other area departments. This would bring the proposed contribution to $2,500 per year per firefighter. page 9 The Council discussed increased staffing in the Police Department and the costs of adding an additional sergeant and patrol position. The Council directed staff to return to the next workshop meeting with cost estimates of the additional two positions in the police department. By general consent, the Council will meet on September 2, 2014 at 5:30 p.m. for a workshop meeting to finalize the budget. Staff indicated that the proposed budget and levy would be presented at the September 16, 2014 city council meeting. ADJOURN Mayor Krebsbach adjourned the meeting at 6:45 p.m. ATTEST: Lorri Smith, City Clerk Sandra Krebsbach, Mayor 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 page 10 Sc. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSON MINUTES August 26, 2014 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, August 26, 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 Michael Noonan, Doug Hennes, Mary Magnuson, and Ansis Viksnins. Those absent: Commissioners Howard Roston and Robin Hennessy. Others present were City Planner Nolan Wall and Public Works Director/City Engineer John Mazzitello. Approval ofAzenda The agenda was approved as submitted. Approval of July 22, 2014 Minutes COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER NOONAN TO APPROVE THE MINUTES OF JULY 22, 2014, AS PRESENTED. AYES: 5 NAYS: 0 ABSENT: 2 Hearin -s PLANNING CASE #2014-21 Tom Christ, on behalf of Will and Katie Stewart, 667 Ivy Falls Court Wetland Permit for Vegetation Removal and Construction Planner Nolan Wall explained that the applicant was seeking a wetlands permit to remove vegetation and construct a pool and a sport court at 667 Ivy Falls Court. The subject parcel is .68 acres and contains an existing single-family dwelling and abuts a tributary stream to Ivy Creek at the rear of the property. The property is zoned R-1 and guided for low density residential development in the Comprehensive Plan. The proposed project includes the following improvements: • 720 square foot pool • 676 square foot sport court • Landscaping and sod • Ornamental fence • 1,950 square foot pool deck • 20 foot diameter fire pit/paver patio 0 Boulder wall page 11 47 The proposed activities are within 100 feet of a water resource related area and do not meet the 48 conditions for administrative approval. The wetlands chapter of the code does require a permit for 49 vegetation removal and construction within the buffer area. 50 51 According to the landscape plan, the improvements would be approximately 40 to 60 feet from the 52 stream bank. The vegetation to be removed includes an ash tree, two pin oaks, and numerous 53 saplings and ornamental landscape plants. 54 55 With the proposed improvements distance from the stream and the limited land disturbance within 56 the 25 foot non -disturb area staff felt satisfies that the purpose and intent of the code and 57 recommended approval of this application. 58 59 Commissioners requested clarification on which vegetation in the area is proposed to be removed, 60 asked questions regarding the erosion control plan, and the landscape plan. 61 62 Mr. Will Stewart, 667 Ivy Falls Court; and Mr. Tom Christ, 245 Indian Trail South, Afton came 63 forward to answer any additional questions from the Commission regarding the erosion control 64 plan and the landscape plan. 65 66 Chair Field opened the public hearing. 67 68 Mr. Ted Taylor, 670 Maple Park Drive, stated that the views from his property overlook the 69 applicant and so he was very concerned with what is being planned. He reminded everyone that 70 trees provide oxygen, cooling, and waste water evaporation. The loss of trees would cause more 71 run-offs to occur simply by not being there. 72 73 He also noted that the letter that was sent to the surrounding neighbors downplayed the extent of 74 the construction and the amount of impervious surface to be installed. He has put in a rain garden 75 to help with absorption of roof run-off back into the soil and is very concerned about this project. 76 Especially since no before or after elevations were shown in the documents he was able to find on - 77 line. 78 79 Ms. Julie Leslie, 680 Maple Park Drive, lives across the creek from the applicant. The reason she 80 and her family moved into the neighborhood was because of the location, the quiet, the privacy, 81 the trees, and the nature. They have put up with the noise of construction since the spring and are 82 tired of the lights that shine into their bedroom windows each night from this residence. If this 83 permit were to be approved it would not only increase the noise, it would decrease privacy and 84 negatively impact the nature in the neighborhood. She expressed her opposition to this proposal 85 and listed several points she felt staff failed to acknowledge in their report. 86 87 Mr. Dave Byrne, 669 Maple Park Drive, is a member of the homeowners association in the area, 88 but was not speaking on their behalf. The homeowners' association property has some large and 89 small banks and there is concern about being called to account someday if they agree to changes 90 with the banks that run through all of these creek beds within the area. He wanted to go on record 91 that he, personally, is opposed to this application. 92 page 12 93 Mr. Tom Christ returned to address the concerns expressed by the neighborhood residents. 94 95 Commissioners asked additional questions regarding vegetation and landscape possibilities and 96 whether or not there would be lighting on the sports court. 97 98 Ms. Agnes Taylor, 670 Maple Park Drive, noted that the staff report claimed that the applicant's 99 property is on a tributary that flows into Ivy Creek. She corrected that statement by claiming that 100 the property abuts the actual creek, not a tributary. She also expressed her concern about the 101 removal of trees to install a wall that everyone would be able to see six months out of the year. 102 103 Planner Wall clarified that grading, drainage, and erosion control plans would be required as part 104 of the building permit for construction of these improvements. The application before the 105 Commission was only for the wetlands permit. 106 107 Chair Field asked for a motion to close the public hearing. 108 109 COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER NOONAN, TO 110 CLOSE THE PUBLIC HEARING. 111 112 AYES: 5 113 NAYS: 0 114 ABSENT:2 115 116 COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO 117 RECOMMEND APPROVAL OF PLANNING CASE 2014-21, WETLANDS PERMIT 118 APPLICATION BASED ON THE FOLLOWING FINDINGS OF FACT: 119 1. The proposed project meets the purpose and intent of the Wetlands Systems Chapter of the 120 City Code. 121 2. No existing vegetation within the required 25 -foot buffer area will be removed. 122 3. Adequate erosion control measures will be observed during construction 123 AND WITH THE FOLLOWING CONDITIONS: 124 1. Building, fence, and grading permits are obtained from the City prior to construction. 125 2. Area between the proposed construction and the normal water level of the stream 126 (minimum of 25 feet) is to remain undisturbed and naturally -vegetated. 127 3. Construction and restoration activity, to include re -vegetation of disturbed areas, shall be 128 in compliance with the City's Land Disturbance Guidance Document. 129 130 Commissioner Magnuson offered an additional condition and that would be that the applicant 131 provide a list of trees that are going to be removed from the property for review by staff and that 132 no additional trees, other than what is contained in the list, would be removed as part of the project. 133 [Addition by Commissioner Noonan] A planting list would be provided which would detail the 134 vegetation that would be planted as part of this project. 135 136 Planner Wall responded by stating that the application dealt with the vegetation that was to be 137 removed, which is covered in the applicant's letter of intent. However, it is reasonable to request page 13 138 that the applicant update the landscape plan to include a table showing what was removed and a 139 planting schedule for the additional improvements. 140 141 Commissioners Noonan and Viksnins approved the addition of the condition. 142 143 AYES:5 144 NAYS:0 145 ABSENT:2 146 147 Chair Field advised the City Council would consider this application at its September 2, 2014 148 meeting. 149 150 PLANNING CASE 92014-23 151 SAC Wireless, on behalf of AT&T, 1196 Northland Drive 152 Conditional Use Permit for Upgrades to a Wireless Antenna Facility 153 154 City Planner Nolan Wall explained that this is a request for a Conditional Use Permit for wireless 155 antenna facility upgrades. The purpose of this upgrade would be to increase the data and call 156 capacity in the existing service area. The code does require CUP approval for wireless antennas. 157 158 The parcel is approximately 1.4 acres and bordered by Northland Drive to the north, Highway 55 159 to the east, I-494 to the south, and an office building in the industrial park to the west. The property 160 is zoned and guided for industrial development in the Comprehensive Plan. 161 162 The applicant is proposing various upgrades and installation of new equipment on the existing 163 tower. The subject parcel is actually owned by the City and AT&T operates this tower under a 164 lease agreement. 165 166 Planner Wall shared an image that showed the visual impact of the improvements, which would 167 not increase the height of the existing structure and no exterior modifications are being proposed 168 to the existing accessory structure. 169 170 The applicant has complied or will comply with all of the conditions included in the code for 171 approval of this Conditional Use Permit request. Staff recommended approval with conditions 172 based on the findings of fact. 173 174 Mr. Chris Rohr of SAC Wireless, 4300 Market Point Drive, was on hand to answer questions from 175 the Commission. He stated if AT&T knew that they would be required to request a CUP on top of 176 a CUP to add an antenna and some gear to an already existing tower, they would not have done it. 177 He is in charge of 257 sites and on 95% of them this would be a straight building permit application 178 since it is already a cellular installation; it's not like starting on a piece of raw land. He also noted 179 that this installation would increase capacity but would not increase coverage. The existing 180 equipment cannot handle the density of the users with their data plans. 181 182 In effect, they would be going from three to four antennas on the array and would change out a 183 little gear in the equipment enclosure — which does not have any outside affect. page 14 184 185 Chair Field opened the public hearing. 186 187 Seeing no one coming forward wishing to speak, Chair Field asked for a motion to close the public 188 hearing. 189 190 COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER HENNES, TO 191 CLOSE THE PUBLIC HEARING. 192 193 AYES:5 194 NAYS:0 195 ABSENT:2 196 197 COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER HENNES, TO 198 RECOMMEND APPROVAL OF PLANNING CASE 2014-23 CONDITIONAL USE PERMIT 199 FOR UPGRADES TO A WIRELESS ANTENNA FACILITY, BASED ON THE FOLLOWING 200 FINDINGS OF FACT: 201 1. The proposed project is consistent with the conditional use permit requirements allowing 202 such facilities. 203 2. The proposed project will not negatively affect the public health, safety and general welfare 204 of the community. 205 3. Upgrading the wireless antenna facility's antennas and equipment will help increase the 206 data and call capacity in the service area. 207 AND WITH THE FOLLOWING CONDITIONS: 208 1. The applicant shall abide by all regulations in Title 12-1D-14 of the City Code, as outlined 209 in the Staff report. 210 2. The applicant, or applicant's representative, will draft an amendment to the existing Lease 211 Agreement to be signed by the City. 212 213 AYES: 5 214 NAYS: 0 215 ABSENT:2 216 217 Chair Field advised the City Council would consider this application at its September 2, 2014 218 meeting. 219 220 PLANNING CASE #2014-24 221 SAC Wireless, on behalf of AT&T, 895 Sibley Memorial Highway 222 Conditional Use Permit for Upgrades to a Wireless Antenna Facility 223 224 Planner Nolan Wall explained that this is a request for a Conditional Use Permit for wireless 225 antenna facility upgrades; same circumstances and rationale as Planning Case 2014-23, which the 226 Commission had just heard. 227 228 Planner Wall also noted that although it is burdensome on the applicant to have to go through a 229 CUP process for this type of modification, there is some merit to it in order to make sure there are page 15 230 not any increases to the tower height or any increases or expansions of those existing accessory 231 structures. 232 233 The subject parcel is approximately .76 acres and is located between the CDI Building, the Excel 234 Energy property, and approximately 230 feet west of Sibley Memorial Highway. The property is 235 zoned B-1 and guided for limited business in the Comprehensive Plan. 236 237 The applicant has complied or will comply with all of the conditions included in the code for 238 approval of this Conditional Use Permit request. Staff recommended approval with conditions 239 based on the findings of fact. 240 241 Planner Wall also noted that this property is located within the Mississippi River Corridor or 242 Critical Area. However, since there were no changes to the ground area or the height of the 243 structure staff determined that a Critical Area Permit was not necessary for this request. 244 245 Chair Field opened the public hearing. 246 247 Seeing no one coming forward wishing to speak, Chair Field asked for a motion to close the public 248 hearing. 249 250 COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER VIKSNINS, 251 TO CLOSE THE PUBLIC HEARING. 252 253 AYES:5 254 NAYS:0 255 ABSENT:2 256 257 COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER NOONAN, TO 258 RECOMMEND APPROVAL OF PLANNING CASE 2014-24, CONDITIONAL USE PERMIT 259 FOR UPGRADES TO A WIRELESS ANTENNA FACILITY, BASED ON THE FOLLOWING 260 FINDINGS OF FACT: 261 1. The proposed project is consistent with the conditional use permit requirements allowing 262 such facilities. 263 2. The proposed project will not negatively affect the public health, safety and general welfare 264 of the community. 265 3. Upgrading the wireless antenna facility's antennas and equipment will help increase the 266 data and call capacity in the service area. 267 4. The proposed project does not include any ground disturbance and the exiting wireless 268 antenna structure's replacement and upgraded equipment will be painted to match the 269 existing equipment and will not have a negative impact on the Mississippi River Corridor 270 Critical Area. 271 AND WITH THE FOLLOWING CONDITION: 272 1. The applicant shall abide by all regulations in Title 12-1D-14 of the City Code, as outlined 273 in the Staff report. 274 275 page 16 276 AYES:5 277 NAYS:0 278 ABSENT:2 279 280 Chair Field advised the City Council would consider this application at its September 2, 2014 281 meeting. 282 283 PLANNING CASE 92014-20 284 Paul and Shannon Burke, 645 Sibley Memorial Highway 285 After -the -Fact Conditional Use Permit for Clearcutting within the Mississippi River Corridor 286 Critical Area. 287 288 Planner Nolan Wall explained that the applicant was requesting an after -the -fact approval of a 289 Conditional Use Permit to clear cut vegetation in the Mississippi Corridor Critical Area. 290 291 The applicant did receive a Critical Area Permit in October 2013 to construct a new single family 292 dwelling on the subject parcel. On July 1, 2014 staff was made aware of the clearcutting activity 293 within that impacted area and it was determined that action was not included as part of the 294 landscape plan of the approved Critical Area Permit. Staff investigated the issue and notified the 295 property owners of the appropriate course of action. 296 297 Planner Wall shared an image of the property with the dwellings and improvements that were on 298 the property as part of the Critical Area Permit, as well as the impacted area. This After -the -Fact 299 Conditional Use Permit only addresses the clearcutting activity that took place within the impacted 300 area this summer; any additional cutting or trimming may need to be considered in an additional 301 request in the future. 302 303 The applicant was required to provide a Hillside Vegetation Restoration Plan and noted that the 304 impacted area would be re-evaluated in September in order to insure that appropriate regrowth has 305 occurred. If at that time it is determined by staff or by the landscape architect working with the 306 property owner that additional plantings are needed, this planting schedule would be implemented 307 immediately. 308 309 Clearcutting is allowed in the critical area by Conditional Use Permit but is subject to compliance 310 with a number of different conditions. Planner Wall reviewed each of those conditions and related 311 how the application applies. 312 313 Planner Wall further explained that the City is authorized to issue a citation for violations of the 314 code provisions, which would be a maximum of up to a $1,000 fine in this case. No citation has 315 been issued at this time. The Planning Commission could consider that as a condition of approval 316 and forward on to the City Council. 317 318 Staff recommended approval of the After -the -Fact Conditional Use Permit with conditions. 319 page 17 Commissioners asked questions regarding the deepness of the area of clearcutting, what would happen if this application was not approved, the proposed conditions, the Hillside Vegetation Restoration Plan, and what would be `inadequate' regrowth. Mr. Paul Burke, 645 Sibley Memorial Highway; and Mr. Jeff Feulner with Keenan & Sveiven, 15119 Minnetonka Boulevard, Minnetonka, were on hand to answer questions from the Commission. Mr. Burke stated that he hired St. Croix Tree Service, who espoused knowledge of the regulations for trimming within the bluff zone and they provided a letter in which they claimed to have contacted the City last fall in anticipation of doing this trimming, and he turned the tree trimming activities over to them to provide some improvement in the views. However, he certainly would not characterize their work project as clearcutting. Commissioners asked the applicant questions regarding the sharing of the current situation with St. Croix Tree Service and what their reaction was, the purpose of the removal, if St. Croix Tree Service was involved in the previous cutting, how recent was the previous cutting, and if a permit had been issued for the previous cutting. Chair Field opened the public hearing. Planner Wall read a comment from the Minnesota Department of Natural Resources, which was received the afternoon of this Planning Commission meeting. Their recommendation is to get erosion control measures in place, as needed, to stabilize the slope before vegetation takes root to prevent any destabilization of the slope. Mr. Marco Scibora, 647 and 649 Sibley Memorial Highway, expressed his opposition to the granting of this Conditional Use Permit. He stated that the previous clearing had been done by the previous owner in 2003 and at that time, the mature trees were cut down to four feet from the ground to allow for growth. As a next door neighbor, he was very concerned about liability to his property. He has lost approximately one foot of his property since 1998 to erosion and severely questioned the consequences of this clearcutting event on his and his neighbors' properties. Mr. Scibora also questioned the hiring of the landscape architect to evaluate the regrowth. After speaking with the Department of Natural Resources, he believed that a geotechnical engineer would be better qualified to evaluate the site. He wished that he had been given the opportunity to express his opposition before the event took place. He believed that allowing this violation of the code to pass by without consequences would be wrong. He also wanted it put on the record that he requested the City issue a bond insurance to protect his property until this potential for erosion has been taken care of. Commissioners asked Mr. Scibora to confirm that, according to his experience; the previous cutting was not as extensive as this one and asked questions regarding his request for denial of the application. page 18 366 Mr. Tom Diamond, 2119 Savage Drive, St. Paul addressed the specific regulations in place that 367 have been established by the state to protect the slope, wildlife habitat, and views along the river. 368 He stated that clearcutting of the bluff is flat out prohibited in the critical area. He continued by 369 describing the area in this application as being approximately 80 feet by 80 feet with the grade 370 being roughly 66% slope. Now that the clearcutting has been done, it is very important that the 371 natural habitat be restored. The vegetation restoration plan is a landscaping plan — not a bluff 372 restoration plan and it will not have the root structure necessary to protect the bluff. 373 374 Also, the applicant keeps referring to `trimming' when what occurred was `clearcutting'. The 375 record indicates that this was done without a required permit and that the City is considering using 376 a Conditional Use Permit to authorize the clearcutting after the fact. He suggested that the permit 377 specify that the vegetation, including trees, must be allowed to regenerate; and that if the 378 regeneration of the vegetation does not happen then they must be re-established and restored, 379 including trees; and the replacement vegetation must be a mix of the species which are native to 380 that bluff area. 381 382 Mr. Burke returned to address concerns and opinions expressed in the public hearing. He stated 383 that the area that was cut was no different in size than what was cut in the past and, as in the past, 384 regrowth will occur. 385 386 Mr. Fuelner return to address the comments about the Hillside Vegetation Restoration Plan and 387 the reasons for using the plantings as proposed should the review require that the plan be 388 implemented. 389 390 Commissioners asked questions regarding if and when a geotechnical engineer would be 391 consulted; the training, background, and experience of the landscape architect that would give 392 them the ability to make a determination as to whether or not there has been any slope failure. 393 394 Ms. Phyllis Dosch, 1028 Brompton Place, expressed her concerns about the bluff. She also 395 indicated that the cutting done in 2003 was illegal and that the property owner at the time was 396 either penalized or threatened with penalty. She wondered why this is even being discussed as it 397 should never had been done in the first place; and what is to prevent someone else from doing it 398 as well. 399 400 Chair Field asked for a motion to close the public hearing. 401 402 COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER HENNES, TO 403 CLOSE THE PUBLIC HEARING. 404 405 AYES:5 406 NAYS:0 407 ABSENT:2 408 409 Commissioners asked additional questions regarding the possibility of recommending a fine; the 410 CUP approval running with the land and, therefore allowing clearcutting in the future; the page 19 411 provisions of the ordinance that would allow clearcutting; and if the contractor is liable for 412 anything in this situation. 413 414 415 COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER VIKSNINS, 416 TO RECOMMEND APPPROVAL OF AN AFTER -THE -FACT CONDITIONAL USE PERMIT 417 FOR CLEARCUTTING WITHIN THE MISSISSIPPI RIVER CORRIDOR WITH THE 418 FOLLOWING CONDITIONS: 419 1. The applicant supplies a report from a licensed landscape architect on the status of the 420 vegetation re -growth in the impacted area as soon as possible after September 1, 2014. If 421 determined to be inadequate, the Hillside Vegetation Restoration Plan will be implemented 422 immediately. 423 2. Any additional trimming or cutting, which is determined to require additional permitting, 424 will be included in a separate Critical Area Permit application for consideration. 425 AND WITH THE ADDITION OF THE FOLLOWING CONDITIONS: 426 3. At the expense of the applicant, a geotechnical engineer be retained to conduct a sight 427 investigation to assess whether clearcutting activity has undermined or impacted the slope 428 and if so to advance corrective and mitigation measures to be implemented immediately. 429 430 As a discussion item, Commissioner Noonan suggested the immediate implementation of a 431 restoration plan, approved by the City of Mendota Heights and the DNR. It was determined that 432 this is covered sufficiently under condition three. 433 434 Commissioners discussed the possibility of adding a fine. 435 436 Chair Field suggested Condition number two be amended to read: 437 2. No trimming, cutting, or any alteration of the slope may occur except in complete 438 conformity with the provisions of the City Code relating to the Mississippi River Corridor 439 Critical Area, and all other City Codes. 440 441 Commissioners Magnuson and Viksnins accepted this additional condition as part of the motion. 442 443 After the question was raised about what would happen if the conditions were not met, the addition 444 of the condition was suggested: 445 3. If a restoration plan is required to be implemented, a performance bond in compliance with 446 City Code requirements be posted guaranteeing the value of the work and posted for a two 447 year period following complete implementation. 448 449 Commissioners Magnuson and Viksnins accepted this additional condition as part of the motion. 450 451 AYES:5 452 NAYS:0 453 ABSENT:2 454 455 Chair Field advised the City Council may consider this application at a future meeting, but not 456 necessarily the first meeting in September. Planner Wall confirmed that due to the additional page 20 457 conditions and reporting required from the applicant, it would most likely be considered at a future 458 City Council meeting. 459 460 PLANNING CASE 92014-22 461 City of Mendota Heights 462 Proposed Code Amendments 463 464 Planner Nolan Wall explained that the City is considering various amendments to the Zoning and 465 Subdivision Ordinances within the City Code. Over the past year, staff has identified a number of 466 potential amendments packaged into a single application for consideration. The goal would be to 467 clean up, clarify, and simplify certain sections in order to improve the interpretation and 468 implementation of those ordinances. 469 470 There being no rush to review or approve these amendments, the Commission requested that this 471 topic be postponed to a future meeting. 472 473 The Commission also requested that when this is brought back that some definition be provided 474 as to what would trigger a traffic study. 475 476 Verbal Review 477 478 Planner Wall gave the following verbal review: 479 480 PLANNING CASE 92014-19 481 Mark Gergen, on behalf of Corey Morrisette and Gail Darling, 641 Callahan Place 482 Subdivision Request 483 Approved by the City Council as recommended by the Planning Commission. 484 485 Amendments to the Final Planned Unit Development Plan, Final Plat, and the Development 486 Agreement were approved for the Lemay Shores Development. 487 488 PLANNING CASE 92014-25 489 786 Marie Avenue 490 Wetlands Permit was approved administratively for an emergency stream bank restoration. 491 492 Adiournment 493 494 COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER VIKSNINS, 495 TO ADJOURN THE MEETING AT 9:11 P.M. 496 497 AYES:5 498 NAYS:0 499 ABSENT:2 page 21 Sd. 1101 Victoria Curve I Mendota He, » 15 651.452.1850 phone 1651.452.8440 fax www.rrendota-heights.com CITY OF MENDDTA HEIGHTS DATE: September 2, 2014 TO: Mayor, and City Council FROM: Justin Miller, City Administrator Tamara Schutta, Assistant to the City Administrator/HR Coordinator SUBJECT: Personnel Action Items Item 1: Approval of Completion of Probationary Period for IT Manager Sue Donovan Effective August 22, 2014, Sue Donovan successfully completed her one-year probationary period for her promotion to IT Manager. Over the past year, Ms. Donovan has solely managed the IT infrastructure, including the Police Department squad cars for the city. Ms. Donovan created an Intranet for employees, hosted several lunch and learn events on topics related to technology, and successfully upgraded all of the operating systems to Windows 7. Sue Donovan's position is a Grade Level 33 in the City's position and pay classification plan. Effective August 22, 2014, Ms. Donovan is at Grade Level 33, Step C with at a current annual salary of $78,245. City staff recommends that the City Council officially appoint Sue Donovan to the position of regular, full-time IT Manager, effective August 22, 2014. Item 2: Approval of Completion of Probationary Period for Planner Nolan Wall Effective August 26, 2014, Nolan Wall successfully completed his one-year probationary period as the Planner. Over the past year, Mr. Wall has successfully managed a number of planning cases along with learning the city code. He has also successfully managed the city's recycling program and organized the annual spring clean-up day. Nolan Wall's position is a Grade Level 20 in the City's position and pay classification plan. Effective August 26, 2014, Mr. Wall is at Grade Level 20, Step C with at a current annual salary of $56,762. City staff recommends that the City Council officially appoint Nolan Wall to the position of regular, full-time Planner, effective August 26, 2014. Item 3: Authorize Appointment of Mechanic At a recent meeting, the City Council authorized staff to begin the recruitment process to fill the Mechanic position. A total of 11 applications were received for the position. Public Works Superintendent Terry Blum, Parks Lead John Boland and Cliff Kirchner and I have interviewed all 11 candidates over the past couple of weeks. We then narrowed the number page 22 down to two candidates that were brought back for more in-depth interview. Public Works Director/City Engineer John Mazzitello, Public Works Superintendent Terry Blum, and I conducted the final interviews. John Boland and Cliff Kirchner also provided each candidate a tour of the Public Works Facility. A conditional job offer has been made contingent upon receipt of results of a background check, pre-employment physical, drug test and City Council approval. It is our pleasure to recommend to you that the city council appoint Nicholas Courteau as a Mechanic for the City of Mendota Heights. Mr. Courteau earned his Automotive Repair Certificate from Dakota County Technical College, is ASE Certified and has 13 years of automotive technician experience. Mr. Courteau will be a great addition to the Mendota Heights Public Works Department. City staff recommends that city council approve the appointment of Nicholas Courteau as the Mechanic. Date of employment will be based upon final results of his background check, physical examination and drug test. The Mechanic position wage is $28.75 per hour based on the 2014 — 2015 Teamsters Labor Agreement. BUDGET IMPACT As noted above. RECOMMENDATION Staff recommends that the Mendota Heights City Council approves the actions requested above for these three items. page 23 Se. 1101 Victoria Curve I Mendota He, 118 651.452.1850 phone 1 651.452.8940 fax www.rrendota-heights.com mCITY OF MENDDTA HEIGHTS DATE: September 2, 2014 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, PE, Assistant City Engineer SUBJECT: Authorization to Execute a Purchase Order for 2014 Street Striping BACKGROUND Funding for street paint striping is included in the Public Works Street Cleaning and Striping Budget. Following completion of the street sweeping operations, any remaining budget is allocated to paint striping or markings on city streets. The remaining budget after the spring street sweeping for 2014 is approximately $20,900.00. Staff estimates that a fall sweeping will cost approximately $5,000. City Council approved the use of epoxy enamel marking paint, which lasts two to four times longer than the paints previously used. This product is extensively used by Dakota County and MnDOT. Mendota Heights is able to secure bids for this service through the JPA with the City of Burnsville. Sir Lines -A -Lot was granted the service through the JPA and submitted a quote of $14,497.70. BUDGETIMPACT The project costs will be funded through the Public Works Street Cleaning and Striping Budget which has sufficient funds to cover the project costs. The total cost for the 2014 Street Striping is $14,497.70. Streets that were seal coated this year will need a second sweeping prior to striping which is not included in the estimate. Typical rates for sweeping are $85/hour. RECOMMENDATION Staff recommends that the council accept the quote and authorize staff to execute a Purchase Order. If city council wishes to implement the staff recommendations, pass a motion authorizing staff to execute a Purchase Order to Sir Lines -A -Lot for street striping and markings with a not to exceed amount of $14,497.70. This action requires a simple majority vote. page 24 5 f. 1101 Victoria Curve I Mendota Height 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com MCITY O i MENDDTA HEIGHTS DATE: September 2, 2014 TO: Mayor, City Council and City Administrator FROM: Dave Dreelan, Assistant Fire Chief SUBJECT: July 2014 Fire Synopsis Fire Call. The department responded to 30 calls for the month. The majority of calls were classified as false alarms or as good intent calls. Ten of the calls were residential in nature, of the other calls, two were commercial, fire were EMS calls, two were mutual aid calls, six were utility calls, two calls were for injury accidents, and one call was for extrication. There was one dumpster fire, one outhouse fire and one garage fire. Monthly Department Training The department continues to train at the vacant home on Wagon Wheel Trail. All of the trainings incorporated basic fire ground skills such as interior fire attack, ventilation, and search and rescue. The home has proved excellent hands-on opportunities for the firefighters. Monthly Squad Training The squad training for the month required each firefighter to participate in our annual fire pump certification program. Once a year, each of our firefighters go through an evaluation process that assures they are each capable of getting one of our trucks to the scene of an incident, charging the initial attack lines and establish a water supply from the fire hydrant without any assistance. Active Shooter Training During the months of June and July all of the Mendota Heights Firefighters participated in mandatory active shooter training. The training was conducted by a collation of Dakota County police departments and focused on the role that firefighters would now play in the event of an active shooter. Firefighters attended two four hour training sessions, the training will conclude with an exercise at the Burnsville mall in late September. MENDOTA HEIGHTS FIRE DEPARTMENT JULY 2014 MONTHLY REPORT FIRE CALLS NO. 14145 - 14174 NUMBER OF CALLS FIRE ALARMS DISPATCHED: NUMBER I STRUCTURE CONTENTS ACTUAL FIRES $0 Structure - MH Commercial $0 Structure - MH Residential 1 Structure - Contract Areas INSPECTIONS Vehicle - MH INVESTIGATIONS Vehicle - Contract Areas RE -INSPECTION Grass/Brush/No Value MH Grass/Brush/No Value Contract 1 MEDICAL 13 Assist 2 Extrication 1 HAZARDOUS SITUATION Spills/Leaks 2 Arcing/Shorting 1 Chemical Power Line Down 1 FALSE ALARM Residential Malfunction 4 Commercial Malfunction Unintentional - Commercial 1 Unintentional - Residential 1 Criminal GOOD INTENT Smoke Scare 3 Steam Mistaken for Smoke Other 11 MUTUAL AID 2 TOTAL CALLS 30 LOCATION OF FIRE ALARMS: TO DATE MENDOTA HEIGHTS 21 144 MENDOTA 0 4 SUNFISH LAKE 1 9 LILYDALE 6 12 OTHER 2 5 TOTAL 30 174 WORK PERFORMED HOURS TO DATE FIRE CALLS 507.5 3121 MEETINGS 24 230.5 DRILLS 134 1060.5 WEEKLY CLEAN-UP 37 253 SPECIAL ACTIVITY 286.5 2429.75 ADMINISTATIVE 0 FIRE MARSHAL 75 386 TOTALS 1064 7480.75 page 25 30 MISC. TOTALS TO DATE $0 $10,000 $500 $59,500 $36,500 $0 TOTAL MONTHLY FIRE LOSSES $10,000 $500 $0 FIRE LOSS TOTALS MENDOTA HEIGHTS ALL FIRES, ALL AREAS (MONTH) $10,500 $621,000 MEND. HTS. ONLY STRUCT/CONTENTS $525,000 MEND. HTS. ONLY MISCELLANEOUS $36,500 MEND. HTS. TOTAL LOSS TO DATE $561,500 BILLING FOR SERVICES LAST YEAR 106 5 5 12 6 134 LAST YEAR 2142.5 267 1098 265.5 1396 0 422.5 5591.5 MN/DOT $0 MILW. RR $0 CNR RR $0 OTHERS: INSPECTIONS REMARKS: SEE OTHER SIDE FOR SYNOPSIS $0 TOTALS: $0 $0 FIRE MARSHAL'S TIME FOR MONTH INSPECTIONS 50.5 INVESTIGATIONS 8 RE -INSPECTION 1.5 MEETINGS 1 ADMINISTRATION 13 SPECIAL PROJECTS 1 TOTAL 75 REMARKS: SEE OTHER SIDE FOR SYNOPSIS page 26 1101 Victoria Curve I Mendota H , ' " » 15 651.452.1850 phone 1 651.452.8440 fax www.rrendota-heights.com CITY OF MENDDTA HEIGHTS DATE: September 2, 2014 TO: Mayor and City Council FROM: Justin Miller, City Administrator SUBJECT: Out of State Travel Request BACKGROUND City policy requires that the city council approve any out of state travel for city employees. City Administrator Justin Miller is requesting approval to attend the annual International City/County Management Association (ICMA) conference in Charlotte, North Carolina from September 13- 16. Expenses, including airfare, conference registration, lodging and meals, are estimated to total $1,800. BUDGETIMPACT Funds for this conference are included in the 2014 budget. RECOMMENDATION If council desires, a motion to approve the requested out of state travel would be in order. Approval of this action requires a majority vote of the city council. page 27 5h. 1101 Victoria Curve I Mendota He, :11]b 651.452.1850 phone 1 651.452.8440 fax www.rrendota-heights.com CITY OF MENDDTA HEIGHTS DATE: September 2, 2014 TO: Mayor and City Council FROM: Justin Miller, City Administrator SUBJECT: Mendota Heights Athletic Association Annual Contribution BACKGROUND Every year the City of Mendota Heights budgets $10,000 as a contribution to the Mendota Heights Athletic Association (MHAA). For the past several years, the city has requested that MHAA provide information relating to the their operations, including a breakdown of the percentage of their players who are from Mendota Heights, documentation of coaches training, and confirmation of taxes being filed. Attached to this memo is their report outlining the requested information. During the budget process for the 2014 budget, it was suggested that the city's contribution be tied to a specific expense of the association. In response, MHAA has requested that the city contribution offset their liability insurance premiums, which for 2014 totaled $11,006.86. The invoices for these policies are attached as well. BUDGET IMPACT The $10,000 contribution is a budgeted expense in the 2014 budget. RECOMMENDATION If council desires, a motion to approve a payment of $10,000 to the Mendota Heights Athletic Association would be in order. Approval of this action requires a majority vote of the city council. page 28 Mendota Heights Compliance Chart For Youth Athletic Associations Utilizing City Facilities Date: 5/19/2014 Mendota Heights Athletic Association Non -Profit Status verified: Yes, See attached. Bylaws provided: Yes, Bylaws are available on the MHAA website. Publicized Meetings Verified: Yes, Meeting schedule is available on the MHAA website. Annual Financial Statement provided: Yes, Attached is 2012.Granted extension for 2013. Notes: 2013 Taxes are being prepared by John Trudeau & Co. Pa, Lake Elmo, MN. 551-774-8785 Extension of annual filing granted, due 11/17/14. All Taxes up to date. *Coaches trained in concussion only. Rosters for all sports saved and available upon request. Soccer training manuals available on website. Code of Conduct contained in Bylaws. Our Liability Insurance for 2014 is $11,006.86, it covers general liability, crime & equipment, and Participant accident and medical. Reviewed By: L L v1 _ O a.+ i N U p}Qj Q ` [� Q H Ln 70 N C LU -� a43 0 � o � -0 � � a n a Y a U ;v � � -� a °,' C" 7 a-1 �..r i OCJ V [4 V [B V 41 W 41 47 iv U U ca- a 3 m CT 2= ❑ U ❑ m= ca CO U " a a m v, a v �, ca m Baseball — Travelling Yes 72% Yes * Yes Yes Yes Baseball — In House Yes 54% Yes * Yes Yes Yes Basketball — Travel Yes 44% Yes * Yes Yes Yes Basketball — In -House Yes 49% Yes * Yes Yes Yes Football Fall 3013 Yes 58% Yes * Yes Yes Yes Soccer— Ages 4-5 Yes 68% Yes Yes Yes Yes Soccer—Girls Grad es1-6 Yes 56% Yes Yes Yes Yes Soccer — Boys Grades 1-6 Yes 49% Yes Yes Yes Yes Softball—Travelling Yes 54% Yes Yes Yes Yes Softball —In House Yes 54% Yes * Yes Yes Yes Lacrosse Yes 47% Yes* Yes Yes Yes Notes: 2013 Taxes are being prepared by John Trudeau & Co. Pa, Lake Elmo, MN. 551-774-8785 Extension of annual filing granted, due 11/17/14. All Taxes up to date. *Coaches trained in concussion only. Rosters for all sports saved and available upon request. Soccer training manuals available on website. Code of Conduct contained in Bylaws. Our Liability Insurance for 2014 is $11,006.86, it covers general liability, crime & equipment, and Participant accident and medical. Reviewed By: Office of the Minnesota Secretary of State Minnesota Nonprofit Corporation I Annual Renewal Minnesota Statutes, Chapter 317x[ Must be filed by December 31 Read the instructions before completing this form. page 29 1. File Number: D 4'01' 2. Governed Linder the Laws of the State of MINNESO'T'A 3. Corporate Name: (Required) Mendota Heights Athletic Association 4_ Registered Office and Agent Registered Office Address: (Required) 1676 South Robert Street Street Address (A PO Box by itself is not acceptable) Registered Agent: (if applicable) Jahn Masica 5. Name and business address of the Corporate President: (Required) John Masica Name 1554 Lakeview Curve Street Address WSP City MN 55118 State Zip Eagan MN 55122 City State Zip Code Email Address for Official Notices Enter an email address to which the Secretary of State can forward official notices required by law and other notices: rnasi ca6@ rentu ryl i n k_ net ® Check here to have your email address excluded from requests for bulk data, to the extent allowed by Minnesota law. List a name and daytime phone number of a person who can be contacted about this form: John Masica 651-278-4216 Contact Name Phone Number Entities that own, lease, or have any financial interest in agricultural land or land capable of being farmed mast register with the MN Dept. of Agriculture's Corporate Farm Program. Does this entity own, lease, or have any financial interest in agricultural land or land capable of being farmed? Yes ❑ No NOTICE: Failure to file this form by December 31 of this year will result in the dissolution of this corporation without further notice from the Secretary of State, pursuant to Minnesota Swtates, section 317A.823. NoWrofrmwrewalRrv_ 611/2012 Business Filing Details Home (I Search (/Business/Search) Search » Business Filings Business Record Details http://mblsportal.sos.state.mn.us/Business/SearchDetai ls'?Fil ingG uid=f... page 30 Filings VBusiness/Filings] « Back to Search Results File Amendment or Renewal (/BusineWAmendments?filingGuid=f2lb90d8-bad4-e011- a886-001 ec94ffe7f) Order Copies Order a Certificate (/Business/Certificates?businessMasterGuid=f21b90d8-bad4-e011- a886-001 ec94ffe7f&route=€iling&productld=083dd338-fad3-e011-a886-001 ec94ffe7f& original FilingGu id= 77e4c745-63d5-e01 1 -a886-001 ec94ffe7f) Minnesota Business Name Mendota Heights Athletic Association Business Type Nonprofit Corporation (domestic) File Number D-429 Filing Date 06/0611960 Renewal Due Date: 17131/2014 Number of Shares NONE President John Masica 1554 Lakeview Curve Eagan MN 55122 USA Filing History Renewal History Filing History MN Statute 317A Home Jurisdiction Minnesota Status Active 1 In Good Standing Registered Office Address 1670 S Robert #305 W St Paul MN 55118 USA Registered Agent(s) (Optional) None provided 06/06/1960 Original Filing - Nonprofit Corporation (Domestic) 06/06/1960 Nonprofit Corporation (Domestic) Business Name 07/1411972 Registered Office and/or Agent - Nonprofit Corporation (Domestic) 09/1311972 Amendment - Nonprofit Corporation (Domestic) I of 2 6/22/2014 11:32 AM Business Filing fh:tails http://mbIsportal.sos.state.mn.us/€3usiness/SearchUetaiIs?tilingGuid=f... 09123/9992 Registered Office and/or Agent - Nonprofit Corporation (Domestic) page 31 0512611995 Nonprofit Corporation (Domestic) Business Name 0 513011 99 7 Registered Office and/or Agent - Nonprofit Corporation (Domestic) 09120/2005 involuntary Dissolution - Nonprofit Corporation (Domestic) 01/23/2009 Annual Reinstatement- Nonprofit Corporation (Domestic) 09/23/2009 Registered Office and/or Agent - Nonprofit Corporation (Domestic) 8/612012 Involuntary Dissolution - Nonprofit Corporation (Domestic) 6/21/2013 Annual Reinstatement - Nonprofit Corporation (Domestic) Officc of the MN Secretary of State Home Page (http://www.sos.state.mn.tis) System Requirements The MBLS application works with the following web browsers: • Microsoft Internet Explorer (version 7+) ■ Mozilla Firefox (version 3.5+) • Apple Safari (version 3+) ■ Google Chrome Copyright 2011 1 Secretary of State of Minnesota ] All rights reserved 2of2 Additional M$L.S Information Terms & Conditions (http://www.sos.state.mn-us /index.aspx?page=1667) Contact Us (http://www.sos.state.mn.us /indemaspx?page=42) Frequently Asked Questions (FAQ) (htt-p://www.sos.state.mn.us /index.aspx?page=12) 6/22/2014 11:32 AM Office of Minnesota Attorney General Lori Swanson - Search Results file:///F:/MI 1AA/M HAA 2014/Office of Minnesota Attorney General ... page 32 Organization Name MENDOTA HEIGHTS ATHLETIC ASSOCIATION Federal ID# 237219816 For Fiscal Year Ending 12/31/2012 Income Direct Public Support $16,064 Government Grants $0 Other Revenue $165,713 Total Revenue $181,777 Expenses Amount Spent for Program or Charitable Purposes $171,998 Management/General Expense $18,798 Fundraising Expense $0 Total Expenses $190,796 Excess/Deficit $-9,019 Total Assets $12,519 Total Liabilities $0 End of Year Fund Bal/Net Worth $12,519 Try.Another Search 1 of 1 6/22/2414 11:27 AM page 33 PAJ.A. PRICE AkC3E ICS INC. 6640 SHADY OAK ROAD -SUITE 500. EDEN PRAIRIE, MN 55344-8176 • TEL: 952-944-8790- FAX: 952-944-0097 www.japrice.com I N V 0 1 C E Mendota Heights Athletic Association Invoice Date 04/07/14 1670 South Robert Street Invoice No. 302439 #305 gill -To Code MENHE West St. Paul, MN 55118 Client Code MENHE Inv Order No. ]*181798 Named Insured: Mendota Heights Athletic Association Amount Remitted: $ Please return this porion with your payment. -- -- - Make checks payable to: J. A. Price Agency, Inc. Effective Date Policy Period Coverage Description Transaction Amount 05/41/14 05/01/14 Berkley Life and Health Insurance Co to Policy No. PAIL00900037001 05/01/15 Renewal - Participant Accident 3,835.86 Participant Accident/Medical Coverage. Please Pay Upon Receipt - Please Sign & Date Attached Form and Return With Payment Thank you voice Number: 302439 Amount Due:j 3,835.86 'Premiums Due and Payable on Effective Date RDB Page: 1 ORIGINAL INVOICE BUSINESS & PEPSONAL INSURANCE SPECIALISTS page 34 IAVA J.A. PENCE AGENCY INC. 6640 SHADY OAK ROAD • SUITE 500 - EDEN PRAIRIE, MN 55344-6176 -TEL: 952-944-8790 • FAX 952-944-0097 www.japrice.com I N V 01 C E -W---_-..__ Mendota Heights Athletic Association Invoice Date 04/08/14 1670 South Robert Street Invoice No. 302446 #30S Bill -To Code MENHE West St. Paul, MN 55118 Client Code MENHE Inv Order No. 1 * 1818 0 6 Named Insured: Mendota Heights Athletic Association Amount remitted: $ Please return thes portim with yrnr Payment Make checks payable to: J. A. Price Agency, Inc. Effective Date Policy Period Coverage Description Transaction Amount 05/01/14 05/01/14 Travelers to Policy No- 106065651 05/01/17 Renewal - Directors & Officers 750.00 First Annual Installment ice Number: 302446 Amount Due: - *Premiums Due and Payable on Effective Date RDS Page: 1 ORIGINAL INVOICE BUSINESS & PERSONAL INSURANCE SPECIALISTS 750.00 page 35 1A VAJ J.A. PRICE ACENC� INC. 6640 SHADY OAK ROAD SUITE 500 - EDEN PRAIRIE, MN 55344-6176 . TEL: 952-944-8790. FAX: 952-94.4-0097 www.japrice.com --------•-- I N V 0 1 C E ---------- Mendota Heights Athletic Association Invoice Date 04/05/14 1670 South Robert Street #305 Invoice No. 302429 West St- Paul, MN 55118 Bill -To Cade MENHE Client Code MENHE Named Insured: Mendota Heights Athletic Associationnv Order Na. I*181799 Plea%e re[unl INS pwtimwith yn,.,r payment Amount Remitted: $ Make checks payable to: J. A- Price Agency, Inc. ctive Date Policy Period Coverage Description 05/01/14 O5/01/14 iverport Insurance Company Transaction Amount to Policy No. SRPOOD0124 05/01/15 enewal - Commercial Package 6,421.00 General Liability, Crime & Equipment Coverage nvoice Number. 302429 Amount Due: 6,421.00 *Premiums Due and Payable on Effective Date RDB Page- i ORIGINAL INVOICE BUSINESS & PERSONAL INSURANCE SPECIALISTS 36 1101 Victoria Curve I Mendota Heights MN 55 651.452.1850 phone 1 651.452.89 51. www.mendota-heights.com ofs t Ciry of m MENDOTA HEIGHTS DATE: September 2, 2014 TO: Mayor, City Council and City Administrator FROM: John P. Maczko, Fire Chief SUBJECT: Firefighters Completion of Probationary Period BACKGROUND On September 18, 2013, firefighters Cory Lane, Pete Madland, George O'Gara, and David Winge will have completed their one year probationary period as firefighters on the Fire Department. The Officers and I have reviewed their performance over the past year and discussed their continued employment. After review, it was with unanimous recommendation that Firefighters Lane, Madland, O'Gara, and Winge be appointed as permanent firefighters. All four firefighters have competed their Firefighter I training and first responder training. They will now be working on their Haz-Mat training this year. All have been excellent participants in all aspects of the Fire Department. While they still have much to learn, it is the feeling of the officers they are excellent assets to the fire department and will serve the communities we protect very well. BUDGET IMPACT N/A RECOMMENDATION With the unanimous support of the officers, I recommend that the City Council approve the permanent appointments of Cory Lane, Pete Madland, George O'Gara, and David Winge as firefighters effective September 19, 2014. page 37 Sj. 1101 Victoria Curve I Mend s, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com 77 qpP-- m* CITY OF MENDOTA HEIGHTS DATE: September 2, 2014 TO: Mayor, City Council, and City Administrator FROM: Lorri Smith, City Clerk SUBJECT: Temporary On -Sale Liquor License for St. Thomas Academy INTRODUCTION Pursuant to State Statutes and our City Code, no person shall sell or give away liquor without first having received a license. Temporary On -Sale Liquor licenses shall be granted only to clubs and charitable, religious or nonprofit organizations for the sale of intoxicating liquor. The licenses are subject to final approval by the Director of Alcohol and Gambling Enforcement. DISCUSSION St. Thomas Academy, located at 949 Mendota Heights Road, is planning to hold their annual reunion weekend activities at St. Thomas Academy on October 1 - 3, 2014. The events will take place as follows: • Wednesday, October 1, Opus Sancti Thomae Major Benefactor Dinner in the Ciresi Atrium and Holtz Gym. • Thursday, October 2, Senior Stag Dinner from 5:00 — 8:00 p.m. in the Holtz Gym, and also the alumni gathering from 6:00 — 11:00 p.m. in the O'Shaughnessy Gym. • Friday, October 3, Athletic Hall of Fame Inductees Dinner from 5:30 — 7:00 p.m., and hospitality room for alumni and guests during homecoming football game. They have requested a Temporary On -Sale Liquor License to allow for the sale of alcoholic beverages at the events. St. Thomas Academy has submitted a complete application and a certificate of insurance for showing liquor liability for the event. It should be noted that Temporary On -Sale Liquor licenses have been issued in the past to St. Thomas Academy and other charitable, nonprofit and religious organizations within the city with no incidents or negative reports. RECOMMENDED ACTION Staff recommends the City Council approve a Temporary On -Sale Liquor License for St. Thomas Academy for October 1, 2, and 3, 2014, subject to approval of the Director of Alcohol and Gambling Enforcement. page 38 Sk. 1101 Victoria Curve I Mendota Heign s, 5118 651.452.1850 phone 1 651.452.8440 fax www.rrendota-heights.com CITY OF MENDDTA HEIGHTS DATE: September 2, 2014 TO: Mayor, City Council and City Administrator FROM: Nolan Wall, AICP Planner SUBJECT: Resignation of Robin Hennessy from the Planning Commission BACKGROUND Commissioner Hennessy was appointed to the Planning Commission in February 2013. As of September 30, 2014 she will no longer be a resident of Mendota Heights and has submitted notice of her resignation. We appreciate her service and wish her and her family the best of luck. BUDGETIMPACT N/A RECOMMENDATION Staff recommends the City Council accept Commissioner Hennessy's resignation, effective September 30, 2014. In addition, Staff recommends the appointment of a new planning commission member be delayed until February 2015 to follow the normal appointment timeline. This action requires a simple majority vote. page 39 F5 1. 1101 Victoria Curve I Mendota Hc,y=,7M5118 651.452.1850 phone 1 651.452.8940 fax www.rrendota-heights.com CITY OF MENDDTA HEIGHTS DATE: September 2, 2014 TO: Mayor, City Council and City Administrator FROM: Nolan Wall, AICP Planner SUBJECT: Resolution Approving a Conditional Use Permit for Upgrades to a Wireless Antenna Tower at 1196 Northland Drive BACKGROUND The applicant, on behalf of AT&T, is requesting a conditional use permit for wireless antenna facility upgrades to the existing facility at 1196 Northland Drive. Title 12-1D-4 of the Code requires conditional use permit approval for wireless antennas. The applicant is proposing various upgrades to the existing 126 -foot, freestanding tower to increase the data and call capacity in the service area. The upgrades consist of additional and relocated antennas and associated equipment. The height of the tower will not be increased and the exterior of the accessory structure will not modified. The property is owned by the City and AT&T operates under an existing lease agreement. Staff is recommending that agreement be amended as necessary. The Planning Commission conducted a public hearing at the August 26 meeting. There were no public comments. BUDGETIMPACT N/A RECOMMENDATION The Planning Commission recommended approval of the conditional use permit, with conditions, as described in Planning Case 2014-23. If the City Council desires to implement the recommendation, pass a motion adopting RESOLUTION 2014-48 APPROVING A CONDITIONAL USE PERMIT FOR UPGRADES TO A WIRELESS ANTENNA FACILITY AT 1196 NORTHLAND DRIVE. This matter requires a simple majority vote. page 40 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2014-48 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR UPGRADES TO A WIRELESS ANTENNA FACILITY AT 1196 NORTHLAND DRIVE WHEREAS, SAC Wireless, on behalf of AT&T, has applied for a conditional use permit for wireless antenna facility upgrades to an existing facility at 1196 Northland Drive (SECTION 34, TWN 28, RANGE 23; PID# 27-03400-75-014) as proposed in Planning Case 2014-23; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this matter at their regular meeting August 26, 2014. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the conditional use permit request as proposed in Planning Case 2014-23 is hereby approved with the following findings of fact: 1. The proposed project is consistent with the conditional use permit requirements allowing such facilities. 2. The proposed project will not negatively affect the public health, safety and general welfare of the community. 3. Upgrading the wireless antenna facility's antennas and equipment will help increase the data and call capacity in the service area. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the conditional use permit request as proposed in Planning Case 2014-23 is hereby approved with the following conditions: 1. The applicant shall abide by all regulations in Title 12-1D-14 of the City Code, as outlined in the Staff report. 2. The applicant, or applicant's representative, will draft an amendment to the existing Lease Agreement to be signed by the City. Adopted by the City Council of the City of Mendota Heights this second day of September, 2014. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST: Lorri Smith, City Clerk page 41 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-helghts.com T CI7Y OF m MENDOTA HEIGHTS DATE: August 26, 2014 TO: Planning Commission FROM: Nolan Wall, AICP Planner SUBJECT: Planning Case 2014-23 Conditional Use Permit for Wireless Antenna Facility Upgrades APPLICANT: SAC Wireless, on behalf of AT&T PROPERTY ADDRESS: 1196 Northland Drive ZONING/GUIDED: I-Industrial/I-Industrial ACTION DEADLINE: October 20, 2014 DESCRIPTION OF THE REQUEST The applicant, on behalf of AT&T, is seeking a conditional use permit for wireless antenna facility upgrades to existing facility at 1196 Northland Drive. Title 12-1D-4 of the Code requires conditional use permit approval for wireless antennas. BACKGROUND The subject parcel is approximately 1.4 acres (58,376 square feet) and is bordered by I-494 to the south and Highway 55 to the east (see attached aerial map). The parcel is zoned and guided for industrial development. The applicant is proposing various upgrades to the existing 126 -foot, freestanding wireless antenna facility to increase the data and call capacity in the service area. The parcel is owned by the City and was acquired from the Minnesota Department of Transportation in 1998. As a result, the City also took control of the existing lease agreements in place for use of the wireless antenna facility. ANALYSIS Title 12-1D-4 of the Code contains regulations regarding wireless antennas, towers, and accessory structures and requires a conditional use permit in all zoning districts. The purpose of the Code section is to protect the public health, safety and general welfare of the community while accommodating the communication needs of residents and businesses, and is necessary to: Avoid potential damage to adjacent properties and personal injury from tower collapse through structural standards and setback requirements. 2. Protect the aesthetic qualities of the community by requiring tower and antenna equipment to be screened from properties within viewing distance of the site and to be designed in a manner to blend in with the surroundings and complement existing structures. 3. Maximize the use of existing and approved freestanding antenna towers, buildings, and existing light poles for new wireless telecommunication antennas. page 42 4. Minimize the number of freestanding antenna towers needed to serve the community by utilizing collocation. 5. Facilitate the provision of wireless telecommunication services to the residents and businesses of the city. The proposed wireless antenna facility upgrades include the following: Proposed — Antenna Solution • Install (3) LTE AWS (1) per sector — (typ. for positions 1) • Install (4) 1/2" coax jumpers connecting each RRH to the AWS side of its antenna position 1 • Relocate existing GSM to new position 2 (typ. for 3 sectors) • Relocate existing UMTS to new position 3 (typ. for 3 sectors) • Install new antenna platform with handrail (3) antenna frames, (1) per sector, each frame with (4) new mounting pipes per sector, (3) sectors total • Install (4) new HPA-65R-B44-H8-K (2) per sector in positions 1 & 4 (alpha & gamma sector) • Install (2) new HPA-65R-B44-H8-K (2) in positions 1 & 4 (beta sector) • Install (3) fiber/DC jumpers from each LTE AWS RRH to existing fiber/DC distribution box Proposed — Power Solution Replace existing power plant for new power plant Proposed — Site Install (1) 8AWG — 6 conductor DC trunk line from raycap to fiber/DC distribution box • Proposed (3) LTE WCS RRH (1) per sector in new position 4 • Proposed (3) LTE 700 D/E RRH (1) per sector in new position 4 • Proposed (2) 8AWG — 6 conductor DC trunk line from raycap to fiber/DC distribution box • Proposed (1) raycap DC6-48-60-18-6F The Code section also contains the following specific evaluation criteria for a conditional use permit application. Wireless Antenna Facility Title 12-1D-14 contains the following provisions, which are analyzed based on the submitted materials: D. Freestanding Antennas And Towers: 1. Restrictions In Residential Districts: No freestanding antenna or antenna tower shall be allowed in any R-1, R -IA, or R-2 districts unless collocated on existing utility towers. The subject parcel is zoned I -Industrial. 2. Conditions: A freestanding antenna tower shall only be permitted if the applicant can demonstrate the following to the council: a. That a building mounted or water tower mounted antenna in the manner described in subsection C of this section will not provide sufficient communication effectiveness; and b. That it is not possible or feasible to collocate on an existing freestanding antenna tower or building in the vicinity of the proposed location. Not applicable, the wireless antenna facility is pre-existing. 3. Design And Color: Freestanding antenna towers must be of a monopole type design and painted eggshell. The existing wireless antenna structure is a monopole type design. The upgraded equipment will be painted to match the existing equipment and monopole structure. page 43 4. Height: All freestanding antenna towers shall be no higher than seventy five feet (75 ), as measured from the ground to the highest point of any portion of the tower, antenna, or any other component attached thereto, or the distance between the base of the antenna tower and the nearest setback line, whichever is least. The existing wireless antenna structure is approximately 126 feet high and approximately 40 feet from the nearest property boundary line to the east. The new and replacement antennas will not exceed the height of the existing antennas. 5. Setbacks: All freestanding antenna towers and accessory structures must adhere to all appropriate setbacks for the given zone. Not applicable, the wireless antenna facility is pre-existing. E. Aesthetics: 1. Design: All freestanding antenna towers shall be of a monopole type design. The use of guyed towers is prohibited. The existing wireless antenna structure is a monopole type design. 2. Color: a. Those portions of all freestanding antenna towers and all antennas which protrude into the air shall be painted eggshell. The upgraded equipment will be painted to match the existing equipment and monopole structure. b. Those portions of all antennas that are flush mounted to the sides of buildings shall be painted to match the exterior of the building. Not applicable, the existing wireless antenna structure is a monopole type design. 3. Screening: All accessory buildings to all freestanding towers shall be screened from public view by a landscape plan according to the landscape standards of the appropriate zone and as described in subsection 12 -ID -13-2D1 of this article subject to council review. Not applicable, the existing accessory buildings are adequately screened. 4. Advertising: Advertising of any kindshall not bepermitted on any freestanding antenna tower, antenna, or accessory structure. No advertising currently exists, or is proposed, for the wireless antenna facility. 5. Lighting: Artificial lighting of any kind shall not be permitted on any freestanding antenna tower, antenna, or accessory structure unless such lighting is required by the FCC, the FAA, or another federal or state regulatory body. Ifsuch a requirement exists, only the minimum amount of lighting required shall be allowed. No tower -mounted lighting will be installed. 6. Prohibitions: Structures, functions, uses or activities that are not found by the city to be specifically necessary for the proper functioning of the antennas shall be prohibited on any antenna or tower without express permission from the city unless the city grants a waiver to this requirement. The applicant is required to comply with this provision. page 44 F. Safety: 1. Report Of Compliance: For a freestanding antenna tower, the applicant must provide a report from a licensed qualified professional structural engineer certifying that the tower will meet or exceed current EIAITIA-222-E standards including, but not limited to, standards for withstanding meteorological conditions such as high winds and radial ice. The applicant has submitted a structural analysis report that may be reviewed by a City -contracted structural engineer, at the applicant's cost, to verify compliance with the applicable standards if determined necessary by the Building Official. 2. Compliance With Building And Electrical Codes: All antennas, freestanding antenna towers, and accessory structures shall conform to all building and electrical codes. The applicant is required to comply with this provision. 3. Fencing: The applicant may be required by the council to erect a security fence around any freestanding antenna. Not applicable. G. Accessory Structures For Antennas: 1. Location And General Requirements: Accessory buildings to antennas or freestanding antenna towers must lie completely within all applicable setbacks from all property lines and must otherwise conform to all requirements for accessory buildings within the description of the specific zone. 2. Architecture: a. Accessory structures and equipment buildings shall be designed to be architecturally compatible with any principal structures on the site or, in the absence ofsuch structures, with their immediate surroundings in an aesthetically pleasing manner. b. Accessory structures shall be finished on all sides. c. The planning commission shall review and the council shall approve the design of any accessory structures and equipment buildings. Not applicable, no external modification to the existing accessory structure is being proposed. H. Additional Requirements: 1. Abandoned Structures: a. Removal Required.' Unused or obsolete freestanding antenna towers, antennas, structures or apparatus must be removed within six (6) months of when the operation ceases. b. Bond.' A successful applicant shall provide an abandonment bond to the city equal to one and a half (11/z) times the current cost of removal and disposal of all antennas and accompanying apparatus as estimated by a consultant selected by the city andpaid for by the applicant, which bond shall be used by the city to remove the antennas and apparatus should they become unused or obsolete and the applicant or its successors or assigns become disbarred or otherwise fail to remove said antennas and apparatus. The applicant is required to comply with these provisions. 2. Other Required Licenses: The applicant must submit proof of any applicable federal, state, or local licenses to the council prior to receiving a building permit. The applicant is required to comply with this provisions. 3. Interference With Public Safety Systems Prohibited: The applicant must agree in writing to support, participate in and refrain from interfering with public warning systems and public safety communications and other radio frequencies as may be regulated by the federal communications commission (FCC). The applicant is required to comply with this provision. page 45 4. Coverage/Interference And Capacity Analyses: The applicant shall demonstrate, by providing a coverage/interference analysis and capacity analysis, that the location and height of any freestanding antenna tower or antenna as proposed is necessary to meet the communication, frequency reuse and spacing needs of the communication services system, and to provide adequate coverage and capacity to areas that cannot be adequately served by locating the towers in a less restrictive district or on an existing structure, freestanding antenna tower or antenna including such in neighboring municipalities. Response from the applicant: The purpose of the proposal is a technology upgrade of existing antennas and misc. equipment, combined with the installation of additional antennas at an existing cellular site. Updated coverage maps have been requested from AT&T as a necessary submittal with the application and shall be provided as a condition of final approval. The new coverage map will show only incremental expansion of the coverage area, but will more importantly show enhanced coverage in the existing coverage area. 5. Compliance With FCC Regulations; Noninterference Required.- All new or existing telecommunications service and equipment shall meet or exceed all federal communications commission (FCC) standards and regulations and shall not interfere with any other communications, computers, laboratory equipment or manufacturing equipment, including television and other home electronics. The applicant shall provide to the city a report from a qualified professional engineer guaranteeing noninterference and a copy of the FCC approval of the antenna in regard to noninterference. The applicant has included a NEPA-RF Emissions Verification Form. 6. Environmental Impact Statement: In the event that the FCC or other agency or other governmental body having jurisdiction requires the applicant to submit an environmental impact statement or similar document, a copy of this document shall be submitted to the city. Not applicable. 7. Nonconformances: Existing nonconforming freestanding antenna towers, antennas, or accessory structures shall be allowed to continue operation unless use of the freestanding antenna tower; antenna, or accessory structure for its intended purpose ceases for a continuous period ofsix (6) months, in which case, resumption of use shall require a reapplication for a conditional use permit. The Code limits the height of all freestanding antenna towers to 75 feet, as measured from the ground to the highest point of any portion of the tower, antenna, or any other component attached thereto, or the distance between the base of antenna tower and the nearest setback line, whichever is the least. The existing 126 -foot wireless antenna structure is legally nonconforming and the proposed antenna and equipment upgrades will not increase the height of the structure. 8. Area Map: All applications for either a freestanding antenna, a freestanding antenna tower; or a building mounted antenna shall be accompanied by a map of all existing towers and antennas of the same provider within a two (2) mile radius of the proposed site and all future planned antennas of the same provider for the next five (5) years within a two (2) mile radius of the proposed site. Response from the applicant: An area map will be provided as a condition of final approval. However, we respectfully offer that this requirement is unnecessary given that this is not a new cellular site, but rather only a technology upgrade to an existing cellular site. Whereby we are not increasing the number of cellular sites in the jurisdiction. 9. Costs To Applicant: All costs of an application, including, but not limited to, those incurred by city staff time and resources, engineering studies by consultants, and other data as may be required by the city staff, the planning commission or the city council shall be borne in full by the applicant. The applicant is required to comply with this provision. 10. Variances: The council may at its discretion waive any or all of the requirements of this section in order to approve a unique "stealth" or "camouflage" design of freestanding antennas or poles or building page 46 mounted antennas if, in the opinion of the council, said apparatus will be sufficiently disguised as trees, light poles, church steeples, or other similar objects. Not applicable. 11. Prohibitions: Use of mobile cell/PCS sites or COWS (cell sites on wheels), or any other temporary antenna apparatus is strictly prohibited except in the case of emergency equipment used for public safety purposes for a limited time during or in the immediate aftermath of a natural disaster or other emergency. (Ord. 429, 8-3-2010) The applicant is required to comply with this provision. STAFF RECOMMENDATION The proposed wireless antenna facility upgrades will not result in any significant physical changes to the tower structure. The visual changes will relate primarily to the addition of the platform and antennas. The facility's location in an industrial area surrounded by roads on three sides and significant ground -cover screening will mitigate any additional negative impacts on the surrounding properties. Staff recommends approval of the conditional use permit for wireless antenna facility upgrades to an existing facility, with the following conditions: 1. The applicant shall abide by all regulations in Title 12-1D-14 of the City Code, as outlined in the Staff report. 2. The applicant, or applicant's representative, will draft an amendment to the existing Lease Agreement to be signed by the City. ACTION REQUESTED Following a public hearing, the Planning Commission may consider the following actions: 1. Recommend approval of the conditional use permit for wireless antenna facility upgrades to an existing facility, based on the attached findings of fact. WIN 2. Recommend denial of the conditional use permit for wireless antenna facility upgrades to an existing facility, based on the finding of fact that the proposed project is inconsistent with the Code and Comprehensive Plan. WIN 3. Table the request. MATERIALS INCLUDED FOR REVIEW 1. Site Photo 2. Aerial Site Map 3. Planning Application, including supporting materials page 47 FINDINGS OF FACT FOR APPROVAL Conditional Use Permit Request for Wireless Antenna Facility Upgrades to an Existing Facility 1196 Northland Drive The following Findings of Fact are made in support of approval of the proposed request: 1. The proposed project is consistent with the conditional use permit requirements allowing such facilities. The proposed project will not negatively affect the public health, safety and general welfare of the community. 3. Upgrading the wireless antenna facility's antennas and equipment will help increase the data and call capacity in the service area. �. �' e �, F r �� . ';� � •• i t r �F ,� �. �I �` �' ��i�' f � �`��` 1 ,�.�._ t _ � .�. Planning Case 2014-23 City of 1196 Northland Drive Mendota ° 90Heights Date: 8/8/2014 011mi SCALE IN FEET .r► y AP • r - 00 _M y -0. 10 101 M MINE!!! 01 W. Bea �mjd 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 50 W I R E L E S S July 31, 2014 City of Mendota Heights Mr. Nolan Wall, Planner 1101 Victoria Curve Mendota Heights, MN 55118 RE: AT&T Antenna & Equipment Upgrade Location -10094898 —1196 Northland Drive Dear Mr. Wall, SAC Wireless, on behalf of AT&Tis requestingthe necessary approvalstoadd antennas and upgrade equipment attheirwireless telecommunication equipment atthe above referenced location. AT&TRF Engineers have determined an additional facility is required at this location to help increase the data and call capacity for the residents and workforce in this area. Enclosed please find the following: CUP Application 2 Sets Architectural Drawings Structural Analysis Application Fee $350 We greatly appreciate your help with this proposed AT&T Facility. Please let me know if you have any questions. Best Regards, Christopher Rohr Zoning & Permitting Specialist SAC Wireless for AT&T 4300 Market Place Drive, Suite 150 Bloomington, MN 55435 612-226-6470 christopher.rohr@sacw.com s page 51 651.4521850 phone 1651:-052.89 wwwrnendota heightsmm CITY or MENDOTA HEIGHTS APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Property Address/Street Location: 1196 Northland Ave, Mendota Heights,MN 55120 Applicant Name: SAC Wireless for AT&T Phone: 612-226-6470 Applicant E -Mail Address: Christopher. Rohr@sacw.com Applicant Mailing Address: 4300 Market Point Drive, Bloomington, MN 55435 Property Owner Name: City of Mendota Heights Phone: 651-452-1850 Property Owner Mailing Address: 1101 Victoria Drive, Mendota Heights, MN 55118 Legal Description & PIN of Property: (Complete Legal from Title or Deed must be provided) ATTACHED Type of Request: ❑ Rezoning ❑ Variance ❑ Subdivision Approval ❑ Code Amendment ® Conditional Use Permit ❑ Conditional Use Permit for PUD ❑ Wetlands Permit ❑ Critical Area Permit ❑ Lot Split ❑ 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. CGIi�er Roby 7/31/14 Signature of Applicant Date 8/12/14 Signature of Owner Date Signature of Owner (if more than one) Date Planning Application (modified 1/28/2014) Page 1 of 1 page 52 f 1101 Victoria Curve. I Mendota Heights; MN 55118 651.452.1850 phone 1 651:452:8940 fax W- www rnendota4leights_com CITY OF MENDOTA HEIGHTS. CONDITIONAL USE 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 1/z x 11. ® Any drawing in color— must submit 24 copies. The following materials must be submitted for the application to be considered complete: id 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. id 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. Site Development Plan, including: I@ Location of all buildings, including existing and proposed. ® Location of all adjacent buildings located within 350' of the exterior boundaries of the property in question. ❑ Floor area ratio. ❑ Location and number of existing and proposed parking spaces. ❑ Vehicular circulation. ❑ Architectural elevations (type and materials used on all external surfaces). ❑ Sewer and water alignment, existing and proposed. ❑ Location and candle power of all luminaries. ❑ Location of all existing easements. Conditional Use Permit Request (modified 12/6/2013) Page 1 of 2 f. page 53 Dimension Plan, including: ❑ Lot dimensions and area. ON Dimensions of proposed and existing structures. ❑ "Typical' floor plan and "typical' room plan. ❑ Setbacks on all structures existing or proposed on property in question. ❑ Proposed setbacks. Grading Plan, including: ❑ Existing contour. ❑ Proposed grading elevations. ❑ Drainage configuration. ❑ Storm sewer catch basins and invert elevations. ❑ Spot elevations. ❑ Proposed road profile. Landscape Plan, including: ❑ Location of all existing trees, type, diameter and which trees will be removed. ❑ Location, type and diameter of all proposed plantings. ❑ Location and material used of all screening devices. NOTES: Replacement of antennas and select equipment at cellular site with additional antennas beyond the initial installation. Conditional Use Permit Request (modified 12/6/2013) Page 2 of 2 Legal Description That part of Tract A described below: page 54 Tract A. That part of the South Half of the Southeast Quarter of Section 34, Township 28 North, Range 23 West, Dakota County, Minnesota, described as follows: Beginning at the southwest corner of the Southeast Quarter of the Southeast Quarter of said Section 34; thence North 19 degrees 45 minutes 00 seconds West 700 feet; thence east and parallel with the south line of said Section 34 a distance of 82 feet to the westerly line of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company's right of way; thence South 30 degrees 48 minutes 00 seconds East along said right of way 787 feet to the south line of said Section 34; thence west along the south line of said Section 34 a distance of 217.4 feet to the point of beginning; excepting therefrom that part described as follows: Commencing at the most easterly corner of Lot 2, Block 5, Mendota Heights Industrial Park, which corner is shown as Right of Way Boundary Corner B 13 on Minnesota Department of Transportation Right of Way Plat No. 19-33 as the same is on file and of record in the office of the County Recorder in and for said county; thence run southeasterly along the boundary of said plat on an azimuth of 148 degrees 42 minutes 23 seconds for 108.33 feet to the point of beginning of Tract A to be described; thence on an azimuth of 148 degrees 42 minutes 23 seconds along the boundary of said plat, 80 feet; thence on an azimuth of 238 degrees 35 minutes 22 seconds, 95.02 feet to the boundary of said plat; thence on an azimuth of 339 degrees 43 minutes 48 seconds along the boundary of said plat, 81.54 feet; thence on an azimuth of 58 degrees 35 minutes 22 seconds, 79.43 feet to the point of beginning; which lies northerly of Line 1 described below: Line 1. Beginning at Right of Way Boundary Comer B10 as shown on said Plat No. 19- 33; thence run easterly along the boundary of said plat on an azimuth of 73 degrees 25 minutes 29 seconds for 570.23 feet to Right of Way Boundary Corner B 11; thence continue on the last described course for 200 feet and there terminating; containing 1.34 acres, more or less; GP:766729 v2 page 55 FOR- 10 !! Lease Tract AT&T Description of Lease Tract and Access and Utility Easement (Page one of two) A lease tract, and also, access and utility tracts lying in the South One-half of the Southeast Quarter of Section 34, Township 28, Range 23, Dakota County, Minnesota described as follows: Commencing at Monument B-1 I as shown on Minnesota Department of Transportation Right of Way Plat No. 19-33; thence North 73 degrees 54 minutes 56 seconds East (basis of bearings: the line from Monument B-11 to Monument B-12 as shown on MN -DOT Right -of -Way Plat No. 19- 33 has an assumed bearing of North 19 degrees 47 minutes 16 seconds West) along the South line of the utility easement benefitting Northern States Power Company, as described in Document Number 628272, a distance of 100.21 feet to the southeast comer of said utility easement; thence north 19 degrees 47 minutes 16 seconds West, along the easterly line of said utility easement, a distance of 5.57 feet to the point of beginning of the Lease Area to be described; thence continuing on the last described course of North 19 degrees 47 minutes 16 seconds West, along the easterly line of said utility easement, a distance of 75.39 feet; thence North 59 degrees 11 minutes 19 seconds East 34.42 feet; thence South 30 degrees 48 minutes 41 seconds East 74.00 feet; thence South 59 degrees 11 minutes 19 seconds West 48.84 feet, more or less, to the point of beginning. Together with an easement for access (over and across) and utility (over, under and across) purposes, the access easement being 20 feet in width and lying 10 feet on either side of the following two described centerlines and a 6 foot wide utility easement, the easterly line of which, lies 10 feet westerly of and parallel with the following described centerline Number 1: Centerline Number I Commencing at Monument B-11 as shown on Minnesota Department of Transportation Right of Way Plat No. 19-33; thence North 73 degrees 54 minutes 56 seconds East (basis of bearings: the line from Monument B -I I to Monument B-12 as shown on MN -DOT R/W Plat No. 19-33 has an assumed bearing of North 19 degrees 47 minutes 16 seconds West) along the South line of the utility easement benefitting Northern States Power Company, as described in Document Number 628272, a distance of 100.21 feet to the southeast corner of said utility easement; thence North 19 degrees 47 minutes 16 seconds West along the easterly line of said utility easement, a distance of 80.96 feet; thence North 39 degrees 59 minutes 47 seconds West 167.40 feet; thence North 29 degrees 36 minutes 19 seconds West 118.29 feet, more or less, to a point on the southerly Right -of -Way line of Northland Drive and said centerline there terminating. Continued on next page } page 56 EXHIBIT B Lease Tract AT&T Description of Lease Tract and Access and Utility Easement (page two of two) Centerline Number 2 Commencing at Monument B-11 as shown on Minnesota Department of Transportation Right of Way Plat No. 19-33; thence North 73 degrees 54 minutes 56 seconds East (basis of bearings: the line from Monument B-11 to Monument B-12 as shown on MN -DOT R/W Plat No. 19-33 has an assumed bearing of North 19 degrees 47 minutes 16 seconds West) along the South line of the utility easement benefitting Northern States Power Company, as described in Document Number 628272, a distance of 100.21 feet to the southeast corner of said utility easement; thence North 19 degrees 47 minutes 16 seconds West, along the easterly line of said utility easement, a distance of 91.15 feet to the Point of Beginning of the centerline to be described; thence North 59 degrees I I minutes 19 seconds East 25.63 feet and said centerline there terminating. NOTE: The sidelines of the above described 6 foot wide utility easement are to be extended to terminate at the northwesterly line of the above described Premises Area. Description of Nextel Premise Area: Commencing at Monument B-11 as shown on Minnesota Department of Transportation Right of Way Plat No. 19-33; thence North 73 degrees 54 minutes 56 seconds East (basis of bearings: the line from Monument B-11 to Monument B-12 as shown on MN -DOT R/W Plat No. 19-33 has an assumed bearing of North 19 degrees 47 minutes 16 seconds West) along the South line of the utility easement benefitting Northern States Power Company, as described in Document Number 628272, a distance of 100.21 feet to the southeast comer of said utility easement; thence North 19 degrees 47 minutes 16 seconds West, along the easterly line of said utility easement, a distance of 50.39 feet to the Point of Beginning of the Premise Area to be described; thence North 59 degrees 11 minutes 19 seconds East 25.84 feet; thence North 30 degrees 48 minutes 41 seconds West 30.00 feet; thence South 59 degrees I I minutes 19 seconds West 20.00 feet to a point on the easterly line of said utility easement; thence south 19 degrees 47 minutes 16 seconds East, along said easterly line a distance of 30.56 feet, more or less, to the point of beginning. NOTES: Latitude of Tower: 44 degrees 51 minutes 44.5 seconds (NAD 83) Longitude of Tower: 93 degrees 09 minutes 05.9 seconds (NAD 83) Ground elevation at existing tower: 885 Ft., NGVD 29 page 57 W I R E L E S S August 7, 2014 City of Mendota Heights Mr. Nolan Wall, Planner 1101 Victoria Curve Mendota Heights, MN 55118 RE: 1196 Northland Drive - AT&T Antenna & Equipment Upgrade Dear Mr. Wall, Regarding the information required to complete your staff report, I offer the following. 1. Tower mounted antennas: All antennas shall be paint matched to the existing tower color. 2. The new and replacement antennas shall not exceed the height of the existing antennas. 3. The existing tower is a monopole and shall remain as so. 4. Screening — Does not apply in this situation for tower antenna mount. 5. Advertising: No advertising shall be placed on the site. 6. Lighting: No tower mounted lighting shall be installed. 7. Safety: I have previously submitted a Structural Analysis in this regard. 8. Compliance: All building and electrical codes shall be adhered to. 9. Fencing: Does not apply for this antenna installation. 10. Accessory Structures: No external modification to the existing accessory structure. 11. Architecture: Architectural plans have been submitted,for your review. 12. Abandonment Structures: Removal Requt�ed and Bond shall be per Mendota Heights requirements. 13. Coverage/Interference and Capacity Anaglj ,Is: I've ordered this to be compiled so I can submit. (Email request attached). 14. Compliance with FCC Regulations: NEPA;-; F Emissions Verification Form Attached. 15. Environment Impact Statement: Document -to be submitted if required. 16. Nonconformances: In agreement with your language on this per the Eagle Ridge staff report. 17. Area Map: As included in the Coverage Analysis. 18. Costs to Applicant: All application costs shall be borne by the applicant. 19. Variance: Not Applicable. 20. Prohibitions: No use of mobile cell/PCS sites are COWs is agreed to.. We greatly appreciate your help with this proposed AT&T Facility. Please let me know if you have any questions B;riXsto ards, er Rohr Zoning& Permitting Specialist SAC Wireless for AT&T 4300 Market Place Drive, Suite 150 Bloomington, MN 55435 612-226-6470 christopher.rohr@sacw.com 5 ;10081768.RG116.05-08-2014.xlsx -mlan 2.3 Antennas mounted at cell toware such as: Monopoles, Guyed, Self Support, Stealth Pole Internal NEPA ®RF Emissions Verification Form NEPA-RFSE Job Aid Antennas mounted at low centerline category sites such as: Rooftops, Building Side -Mount, Certification Type: LTE Mod _._. Design organization: Parking Structure, Water Tank, Tank, Billboard, Utility Pole, Cow, Stealth Structure, Silo, Indoor For Modifications, Date of Last Analysis: Method of Evaluation: DAS (K)AS), Outdoor DAS (oDAS), In -Building, Tunnel -Underground or Stadlum-Event Area Market Name: Site ID: MNL03054 Roofvlew Analysis User Site Name: LILYDALE Roofview Analysis Date � USID: 1734 FA Code: 10081768 Vendor. N/A Structure Type: MONOPOLE Report Date: Antenna Bottom Tip Height from Ground Level: 75 MPE Analysis User. Instructions Answer the questions below. "No" means that the site is MPE Analysis Date: U categorically excluded from routine RF evaluation. N/A "Yes" for if there is another reason for concern) means that the site must be evaluated for RF exposure in accordance with AT&T's RF Safety Pollcy. For the questions below, please select N/A If the selected coverage will not be provided at the site. Cellular (850 MHz) Antennas mounted at cell toware such as: Monopoles, Guyed, Self Support, Stealth Pole Internal Non -Building Mounted Antennas: Array, Stealth Pole External Array A) Non -building -mounted antennas: height above ground level to lowest point of antenna < 40' and total powe Antennas mounted at low centerline category sites such as: Rooftops, Building Side -Mount, Building Mounted Antennas: Parking Structure, Water Tank, Tank, Billboard, Utility Pole, Cow, Stealth Structure, Silo, Indoor B) Building -mounted antennas: total power of all channels > 1,000 watts ERP' DAS (K)AS), Outdoor DAS (oDAS), In -Building, Tunnel -Underground or Stadlum-Event Area Cellular (850 MHz) Which of the following apply (Select for A or B below): A) Non -building -mounted antennas: height above ground level to lowest point of antenna < 40' and total powe No of all channels > 1,000 watts ERP' B) Building -mounted antennas: total power of all channels > 1,000 watts ERP' N/A AWS -1 (170012100 MHz) Which of the following apply (Select for A and B below): A) Non -building -mounted antennas: height above ground level to lowest point of antenna < 40' and total powe � of all channels > 2,000 watts ERP' B) Building -mounted antennas: total power of all channels > 2,000 watts ERP' N/A Broadband PCS (1900 MHz) Which of the following apply (Select for A and B below): A) Non -building -mounted antennas: height above ground level to lowest point of antenna < 40' and total powe of all channels > 2,000 watts ERP' U B) Building -mounted antennas: total power of all channels > 2,000 watts ERP' N/A WCS (2300 MHz) Which of the following apply (Select for A or B below): A) Non -building -mounted antennas: height above ground level to lowest point of antenna < 40' and total N/A power of all channels > 1,000 wafts ERP' B) Building -mounted antennas: the total power of all channels > 1,000 watts ERP N/A 700 MHz Which of the following apply (Select for A or B below): A) Non-building{nounted antennas: height above ground level to lowest point of antenna < 40' and total power of all channels > 1,000 watts ERP' B) Building -mounted antennas: the total power of all channels > 1,000 watts ERP N/A Microwave —Is microwave tieing installed or modified? No If "Yes" microwave evaluation should be conducted as described in this link: MW Calc SS v.2 (in Microwave folder) 'The term Moatotal power of all channels&@ means the sum of all cc -located simultaneously operating transmitters owned and operated by a single licensee. For facilities using sectored antennas, this rule is applied separately for each sector. FCC's ERP limits should not be considered when aswering these questions. RF Safety Remediation Requirements: pagePMe 1 of 2 file:///C:/Users/crohr/Desktop/10081768_RG116_05-08-2014 xlsx_aspx.htm 8/7/2014 J wW mN>N Z - 052 rz LXLn W .r •�` \.z o� LO 0o J Z J ' t� � lNil lib'-- < & jj C T � iVW W N 7 � YS$f W N C Z N O E � N qq N E„O,, c&U�� i N 9LVj f0 7 J II €�3�r U r m o y o 0 4 M 2 8 ab W N- V €N U 3 as ro E ti LO tSG�1�g�g Z d Q� c din ��2 y C C t y U -10 ci ld VANSl 6 W w� 33 =xm z o _ a w ------------ ----------------------- — ---------- w o - 0 W f m o mix ap Qr'V was Saes &A DR! &��o � 1 •N - q f �' S a;?s �' 21b �' vm=pz �0 Np W Z _U N r OS a V &m : qR� q8� C Y QJ �J � Q N w mWG7 _5 NMoZ �zx NZO a 00 a Z r oa W 9 Milli 3« M OZ < aU EN MR Ll o m < m zo��m O E d Y ¢ M 76����a 4 z a N 0 e rm �m �ro� C��a to G G W m o Ero.�+p C o o a 7 J o I y�L�r ���roG1 Z II on - \ 4aacc Ys 20 a p �amM MSo ^Nw a•y_ m w 'EH'rod 0 3 o� - m ui 3Q0.E TOy dY Z 7 Lo N C N C C d -22 r 9 ro `v� a CAO Rig 20 aN 2'q -m O O a � N z z z N a w W < Im3 < a 11-H oz� GW ozo x �o 3N EDPA Q�2 page 61 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 10TH day of AUGUST , 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 this 11TH day of AUGUST 0 14 10K. IL Notary Public BY: OWN Y; 7QK& TITLE LEGAL COORDINATOR *Alphabet should be in the same size and kind of type as the notice. " TONYA R WHITEHEAD Notary Public -Minnesota RATE INFORMATION �..: x ;;�R• My Commission Expires Jan 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 62 Planning Case 2014-23 Public Hearing Notice Mailing List page 63 1 4w " ��. _, •iia �, ' . � - - TRAPP RD wr l- 275225002030 274825301020 1171 NORTHLAND DR 1191 NORTHLAND DR J AYRE PROPERTY & INVESTMENTS LLC MENDOTA PLACE LLC 274825201010 ©270340075012 v 1201 NORTHLAND DR CITY OF MENDOTA HEIGHTS SNH MEDICAL OFFICE PROPERTIES TRUST 270340075014 270340075013 1196 NORTHLAND DR STATE OF MN -DOT CITY OF MENDOTA HEIGHTS 275225001040 100030001010 ELEVEN -SEVENTY FAMILY LMTD PTNSHP STATE OF MN - DOT 274844701010 100030001020 13 1210 NORTHLAND DR MENDOTA OFFICE THREE & FOUR LLC STATE OF MN - DOT 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 = 574 feet verification. Dakota County assumes no legal responsibility for the information contained in this data page 64 5m. 1101 Victoria Curve I Mendota H , X5118 651.452.1850 phone 1 651.452.8940 fax www.rrendota-heights.com CITY OF MENDDTA HEIGHTS DATE: September 2, 2014 TO: Mayor, City Council and City Administrator FROM: Nolan Wall, AICP Planner SUBJECT: Resolution Approving a Conditional Use Permit for Upgrades to a Wireless Antenna Tower at 894 Sibley Memorial Highway BACKGROUND The applicant, on behalf of AT&T, is requesting a conditional use permit for wireless antenna facility upgrades to the existing facility at 894 Sibley Memorial Highway. Title 12-1D-4 of the Code requires conditional use permit approval for wireless antennas. The applicant is proposing various upgrades to the existing 75 -foot, freestanding tower to increase the data and call capacity in the service area. The upgrades consist of additional and relocated antennas and associated equipment. The height of the tower will not be increased and the exterior of the accessory structure will not modified. The property is owned and operated by AT&T. The subject parcel is located within the Mississippi River Corridor Critical Area. Since no changes to the ground area or height of the wireless antenna structure are proposed as part of the project, Staff determined the request did not require a critical area permit. The Planning Commission conducted a public hearing at the August 26 meeting. There were no public comments. BUDGETIMPACT N/A RECOMMENDATION The Planning Commission recommended approval of the conditional use permit, with conditions, as described in Planning Case 2014-24. If the City Council desires to implement the recommendation, pass a motion adopting RESOLUTION 2014-49 APPROVING A CONDITIONAL USE PERMIT FOR UPGRADES TO A WIRELESS ANTENNA FACILITY AT 894 SIBLEY MEMORIAL HIGHWAY. This matter requires a simple majority vote. page 65 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2014-49 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR UPGRADES TO A WIRELESS ANTENNA FACILITY AT 894 SIBLEY MEMORIAL HIGHWAY WHEREAS, SAC Wireless, on behalf of AT&T, has applied for a conditional use permit for wireless antenna facility upgrades to an existing facility at 894 Sibley Memorial Highway (RIVERWOOD PLACE 2ND ADDITION, LOT 1, BLOCK 1; PID# 27-64251-01-010) as proposed in Planning Case 2014-24; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this matter at their regular meeting August 26, 2014. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the conditional use permit request as proposed in Planning Case 2014-24 is hereby approved with the following findings of fact: 1. The proposed project is consistent with the conditional use permit requirements allowing such facilities. 2. The proposed project will not negatively affect the public health, safety and general welfare of the community. 3. Upgrading the wireless antenna facility's antennas and equipment will help increase the data and call capacity in the service area. 4. The proposed project does not include any ground disturbance and the exiting wireless antenna structure's replacement and upgraded equipment will be painted to match the existing equipment and will not have a negative impact on the Mississippi River Corridor Critical Area. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the conditional use permit request as proposed in Planning Case 2014-24 is hereby approved with the condition that the applicant shall abide by all regulations in Title 12-1D-14 of the City Code. Adopted by the City Council of the City of Mendota Heights this second day of September, 2014. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST: Lorri Smith, City Clerk page 66 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-helghts.com T CI7Y OF m MENDOTA HEIGHTS DATE: August 26, 2014 TO: Planning Commission FROM: Nolan Wall, AICP Planner SUBJECT: Planning Case 2014-24 Conditional Use Permit for Wireless Antenna Facility Upgrades APPLICANT: SAC Wireless, on behalf of AT&T PROPERTY ADDRESS: 894 Sibley Memorial Highway ZONING/GUIDED: B-1 Limited Business/LB Limited Business ACTION DEADLINE: October 20, 2014 DESCRIPTION OF THE REQUEST The applicant, on behalf of AT&T, is seeking a conditional use permit for wireless antenna facility upgrades to existing facility at 894 Sibley Memorial Highway. Title 12-1D4 of the Code requires conditional use permit approval for wireless antennas. BACKGROUND The subject parcel is approximately 0.76 acres (33,223 square feet) and is located between the CDI office building and the Xcel Energy property, approximately 230 feet west of Sibley Memorial Highway (see attached aerial map). The parcel is zoned and guided for limited business. The applicant is proposing various upgrades to the existing 75 -foot, freestanding wireless antenna facility to increase the data and call capacity in the service area. ANALYSIS Title 12-1D4 of the Code contains regulations regarding wireless antennas, towers, and accessory structures and requires a conditional use permit in all zoning districts. The purpose of the Code section is to protect the public health, safety and general welfare of the community while accommodating the communication needs of residents and businesses, and is necessary to: Avoid potential damage to adjacent properties and personal injury from tower collapse through structural standards and setback requirements. 2. Protect the aesthetic qualities of the community by requiring tower and antenna equipment to be screened from properties within viewing distance of the site and to be designed in a manner to blend in with the surroundings and complement existing structures. 3. Maximize the use of existing and approved freestanding antenna towers, buildings, and existing light poles for new wireless telecommunication antennas. 4. Minimize the number of freestanding antenna towers needed to serve the community by utilizing collocation. page 67 5. Facilitate the provision of wireless telecommunication services to the residents and businesses of the city. The proposed wireless antenna facility upgrades include the following: Phase I • Remove and replace existing power plant with new power plant and install (3) 15A breakers • Remove existing tower arms and replace with new low -profile platform with handrails • Remove (3) existing LTE antennas, (1) per sector in position 2 • Relocate existing GSM and UMTS antennas in position 2 & 3 in all sectors • Relocate (3) existing LTE RRH's, (1) per sector to position 1 • Install (12) new antenna mounting pipes, (4) per sector • Install (6) new HPA-65R-BUU-H8-K, (2) per sector in positions 1 & 4 • Install (3) total LTE AWS RRH, (1) per sector - (4) 1/2" coax jumpers connecting each AWS to the AWS side of its antenna position 1 • Install (3) fiber/DC jumpers from each LTE AWS RRH to existing fiber/DC distribution box Phase II • Proposed (3) LTE WCH RRH, (1) per sector in new position 4 • Proposed (3) LTE 700 D/E RRH, (1) per sector in new position 4 • Proposed (2) 8 AWG 6 conductor DC trunk lines run from raycap to proposed fiber/DC distribution box on existing waveguide • Proposed (1) raycap DC6-48-60-18-8F The Code section also contains the following specific evaluation criteria for a conditional use permit application. Wireless Antenna Facility Title 12-1D-14 contains the following provisions, which are analyzed based on the submitted materials: D. Freestanding Antennas And Towers: 1. Restrictions In Residential Districts: No freestanding antenna or antenna tower shall be allowed in any R-1, R -IA, or R-2 districts unless collocated on existing utility towers. The subject parcel is zoned B-1 Limited Business. 2. Conditions: A freestanding antenna tower shall only be permitted if the applicant can demonstrate the following to the council: a. That a building mounted or water tower mounted antenna in the manner described in subsection C of this section will not provide sufficient communication effectiveness; and b. That it is not possible or feasible to collocate on an existing freestanding antenna tower or building in the vicinity of the proposed location. Not applicable, the wireless antenna facility is pre-existing. 3. Design And Color: Freestanding antenna towers must be of a monopole type design and painted eggshell. The existing wireless antenna structure is a monopole type design. The upgraded equipment will be painted to match the existing equipment and monopole structure. 4. Height: All freestanding antenna towers shall be no higher than seventy five feet (75 ), as measured from the ground to the highest point of any portion of the tower, antenna, or any other component attached page 68 thereto, or the distance between the base of the antenna tower and the nearest setback line, whichever is least. The existing wireless antenna structure is approximately 75 feet high and the new and replacement antennas will not exceed the height of the existing antennas. 5. Setbacks: All freestanding antenna towers and accessory structures must adhere to all appropriate setbacks for the given zone. Not applicable, the wireless antenna facility is pre-existing. E. Aesthetics: 1. Design: All freestanding antenna towers shall be of a monopole type design. The use of guyed towers is prohibited. The existing wireless antenna structure is a monopole type design. 2. Color: a. Those portions of all freestanding antenna towers and all antennas which protrude into the air shall be painted eggshell. The upgraded equipment will be painted to match the existing equipment and monopole structure. b. Those portions of all antennas that are flush mounted to the sides of buildings shall be painted to match the exterior of the building. Not applicable, the existing wireless antenna structure is a monopole type design. 3. Screening: All accessory buildings to all freestanding towers shall be screened from public view by a landscape plan according to the landscape standards of the appropriate zone and as described in subsection 12 -1D -13-2D1 of this article subject to council review. Not applicable, no external modification to the existing accessory structure is being proposed. 4. Advertising: Advertising of any kind shall not be permitted on any freestanding antenna tower, antenna, or accessory structure. No advertising currently exists, or is proposed, for the wireless antenna facility. 5. Lighting: Artificial lighting of any kind shall not be permitted on any freestanding antenna tower, antenna, or accessory structure unless such lighting is required by the FCC, the FAA, or another federal or state regulatory body. If such a requirement exists, only the minimum amount of lighting required shall be allowed. No tower -mounted lighting will be installed. 6. Prohibitions: Structures, functions, uses or activities that are not found by the city to be specifically necessary for the proper functioning of the antennas shall be prohibited on any antenna or tower without express permission from the city unless the city grants a waiver to this requirement. The applicant is required to comply with this provision. F. Safety: 1. Report Of Compliance: For a freestanding antenna tower, the applicant must provide a report from a licensed qualified professional structural engineer certifying that the tower will meet or exceed current page 69 EIAITIA-222-E standards including, but not limited to, standards for withstanding meteorological conditions such as high winds and radial ice. The applicant has submitted a structural analysis report that may be reviewed by a City -contracted structural engineer, at the applicant's cost, to verify compliance with the applicable standards if determined necessary by the Building Official. 2. Compliance With Building And Electrical Codes: All antennas, freestanding antenna towers, and accessory structures shall conform to all building and electrical codes. The applicant is required to comply with this provision. 3. Fencing: The applicant may be required by the council to erect a security fence around any freestanding antenna. Not applicable. G. Accessory Structures For Antennas: 1. Location And General Requirements: Accessory buildings to antennas or freestanding antenna towers must lie completely within all applicable setbacks from all property lines and must otherwise conform to all requirements for accessory buildings within the description of the specific zone. 2. Architecture: a. Accessory structures and equipment buildings shall be designed to be architecturally compatible with any principal structures on the site or, in the absence ofsuch structures, with their immediate surroundings in an aesthetically pleasing manner. b. Accessory structures shall be finished on all sides. c. The planning commission shall review and the council shall approve the design of any accessory structures and equipment buildings. Not applicable, no external modification to the existing accessory structure is being proposed. H. Additional Requirements: 1. Abandoned Structures: a. Removal Required.' Unused or obsolete freestanding antenna towers, antennas, structures or apparatus must be removed within six (6) months of when the operation ceases. b. Bond.' A successful applicant shall provide an abandonment bond to the city equal to one and a half (11/2) times the current cost of removal and disposal of all antennas and accompanying apparatus as estimated by a consultant selected by the city andpaid for by the applicant, which bond shall be used by the city to remove the antennas and apparatus should they become unused or obsolete and the applicant or its successors or assigns become disbarred or otherwise fail to remove said antennas and apparatus. The applicant is required to comply with these provisions. 2. Other Required Licenses: The applicant must submit proof of any applicable federal, state, or local licenses to the council prior to receiving a building permit. The applicant is required to comply with this provision. 3. Interference With Public Safety Systems Prohibited: The applicant must agree in writing to support, participate in and refrain from interfering with public warning systems and public safety communications and other radio frequencies as may be regulated by the federal communications commission (FCC). The applicant is required to comply with this provision. page 70 4. Coverage/Interference And Capacity Analyses: The applicant shall demonstrate, by providing a coverage/interference analysis and capacity analysis, that the location and height of any freestanding antenna tower or antenna as proposed is necessary to meet the communication, frequency reuse and spacing needs of the communication services system, and to provide adequate coverage and capacity to areas that cannot be adequately served by locating the towers in a less restrictive district or on an existing structure, freestanding antenna tower or antenna including such in neighboring municipalities. Response from the applicant: The purpose of the proposal is a technology upgrade of existing antennas and misc. equipment, combined with the installation of additional antennas at an existing cellular site. Updated coverage maps have been requested from AT&T as a necessary submittal with the application and shall be provided as a condition of final approval. The new coverage map will show only incremental expansion of the coverage area, but will more importantly show enhanced coverage in the existing coverage area. S. Compliance With FCC Regulations; Noninterference Required.- All new or existing telecommunications service and equipment shall meet or exceed all federal communications commission (FCC) standards and regulations and shall not interfere with any other communications, computers, laboratory equipment or manufacturing equipment, including television and other home electronics. The applicant shall provide to the city a report from a qualified professional engineer guaranteeing noninterference and a copy of the FCC approval of the antenna in regard to noninterference. The applicant has included a NEPA-RF Emissions Verification Form. 6. Environmental Impact Statement: In the event that the FCC or other agency or other governmental body having jurisdiction requires the applicant to submit an environmental impact statement or similar document, a copy of this document shall be submitted to the city. Not applicable. 7. Nonconformances: Existing nonconforming freestanding antenna towers, antennas, or accessory structures shall be allowed to continue operation unless use of the freestanding antenna tower; antenna, or accessory structure for its intended purpose ceases for a continuous period of six (6) months, in which case, resumption of use shall require a reapplication for a conditional use permit. The applicant is required to comply with this provision. 8. Area Map: All applications for either a freestanding antenna, a freestanding antenna tower; or a building mounted antenna shall be accompanied by a map of all existing towers and antennas of the same provider within a two (2) mile radius of the proposed site and all future planned antennas of the same provider for the next five (S) years within a two (2) mile radius of the proposed site. Response from the applicant: An area map will be provided as a condition of final approval. However, we respectfully offer that this requirement is unnecessary given that this is not a new cellular site, but rather only a technology upgrade to an existing cellular site. Whereby we are not increasing the number of cellular sites in the jurisdiction. 9. Costs To Applicant: All costs of an application, including, but not limited to, those incurred by city staff time and resources, engineering studies by consultants, and other data as may be required by the city staff, the planning commission or the city council shall be borne in full by the applicant. The applicant is required to comply with this provision. 10. Variances: The council may at its discretion waive any or all of the requirements of this section in order to approve a unique "stealth" or "camouflage" design of freestanding antennas or poles or building mounted antennas if, in the opinion of the council, said apparatus will be sufficiently disguised as trees, light poles, church steeples, or other similar objects. Not applicable. page 71 11. Prohibitions: Use of mobile cell/PCS sites or COWS (cell sites on wheels), or any other temporary antenna apparatus is strictly prohibited except in the case of emergency equipment used for public safety purposes for a limited time during or in the immediate aftermath of a natural disaster or other emergency. (Ord. 429, 8-3-2010) The applicant is required to comply with this provision. Mississippi River Corridor Critical Area The subject parcel is located within the Critical Area. Since no changes to the ground area or height of the wireless antenna structure are proposed as part of the project, Staff determined the request did not require a critical area permit. STAFF RECOMMENDATION The proposed wireless antenna facility upgrades will not result in any significant physical changes to the tower structure. The visual changes will relate primarily to the addition of the platform and antennas. The facility's location in a commercial area and distance from the river will mitigate any additional negative impacts on the surrounding properties. Staff recommends approval of the conditional use permit for wireless antenna facility upgrades to an existing facility, with the condition that the applicant shall abide by all regulations in Title 12-1D-14 of the City Code, as outlined in the Staff report. ACTION REQUESTED Following a public hearing, the Planning Commission may consider the following actions: 1. Recommend approval of the conditional use permit for wireless antenna facility upgrades to an existing facility, based on the attached findings of fact. OR 2. Recommend denial of the conditional use permit for wireless antenna facility upgrades to an existing facility, based on the finding of fact that the proposed project is inconsistent with the Code and Comprehensive Plan. 3. Table the request. MATERIALS INCLUDED FOR REVIEW 1. Site Photo 2. Aerial Site Map 3. Planning Application, including supporting materials page 72 FINDINGS OF FACT FOR APPROVAL Conditional Use Permit Request for Wireless Antenna Facility Upgrades to an Existing Facility 894 Sibley Memorial Highway The following Findings of Fact are made in support of approval of the proposed request: 1. The proposed project is consistent with the conditional use permit requirements allowing such facilities. The proposed project will not negatively affect the public health, safety and general welfare of the community. 3. Upgrading the wireless antenna facility's antennas and equipment will help increase the data and call capacity in the service area. 4. The proposed project does not include any ground disturbance and the exiting wireless antenna structure's replacement and upgraded equipment will be painted to match the existing equipment and will not have a negative impact on the Mississippi River Corridor Critical Area. page 73 Exhibit 1: Existing Wireless Antenna Facility Source: Staff Planning Case 2014-24 City of 894 Sibley Memorial Highway Mendota ° 80 Heights Date- 8/12/2014 SCALE IN FEET '901 �► ,� ,t -j � j- 910 *' i i i o l� co i a o r r Aeroketrics 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 75 SEI(c W I R E L E S S July 31, 2014 City of Mendota Heights Mr. Nolan Wall, Planner 1101 Victoria Curve Mendota Heights, MN 55118 RE: 894 Sibley Memorial Highway - AT&T Antenna & Equipment Upgrade Dear Mr. Wall, SAC Wireless, on behalf ofAT&Tis requesting the necessary approvalsto add antennas and upgrade equipment at their wireless telecommunication equipment at the above referenced location. AT&TRF Engineers have determined an additional facility is required at this location to help increase the data and call capacity for the residents and workforce inthis area. Enclosed please find the following: CUP Application 2 Sets Architectural Drawings Structural Analysis Application Fee $350 We greatly appreciate your help with this proposed AT&T Facility. Please let me know ifyou have any questions. Best Regards, Christopher Rohr Zoning& Permitting Specialist SAC Wireless for AT&T 4300 Market Place Drive, Suite 150 Bloomington, MN 55435 612-226-6470 christopher.rohr@sacw.com page 76 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1650 phone 1 651:452.8940 fax www.mendota 11e1ght%=rn CITY OF MENDOTA HEIGHTS APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Property Address/Street Location: 894 Sibley Memorial Highway, Mendota Heights, MN 55118 Applicant Name: SAC Wireless for AT&T Phone: 612-226-6470 Applicant E -Mail Address: Christopher.Rohr@sacw.com Applicant Mailing Address: 4300 Market Point Drive, Bloomington, MN 55435 Property Owner Name: AT&T Towers Phone: SAME Property Owner Mailing Address: SAME Legal i,Description & PIN of Property: (Complete Legal from Title or Deed must be provided) L A - V1�W Jrd� ll4 -L 7--'( 6�- Type of Request: ❑ Rezoning ❑ Variance ❑ Subdivision Approval ❑ Code Amendment Conditional Use Permit ❑ Wetlands Permit ❑ Critical Area Permit ❑ Lot 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. chntD ha- Rohl - 7/31/14 Signature of Applicant Date Signature of Owner Date Signature of Owner (if more than one) Date Planning Application (modified 1/28/2014) Page 1 of 1 --� page 77 i 1101 VictoriaCurve. I Mendota Heights, MN 55118 651.452,1850 phone I 651:452:8940 fax www:mendotaaheights_com CITY' OF MENOOTA HEIGHTS CONDITIONAL USE PERMIT REQUEST 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. id 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. Site Development Plan, including: ® Location of all buildings, including existing and proposed. ® Location of all adjacent buildings located within 350' of the exterior boundaries of the property in question. ❑ Floor area ratio. ❑ Location and number of existing and proposed parking spaces. ❑ Vehicular circulation. ❑ Architectural elevations (type and materials used on all external surfaces). ❑ Sewer and water alignment, existing and proposed. ❑ Location and candle power of all luminaries. ❑ Location of all existing easements. Conditional Use Permit Request (modified 12/6/2013) Page 1 of 2 C page 78 Dimension Plan, including: ❑ Lot dimensions and area. Dimensions of proposed and existing structures. ❑ "Typical' floor plan and "typical' room plan. ❑ Setbacks on all structures existing or proposed on property in question. ❑. Proposed setbacks. Grading Plan, including: ❑ Existing contour. ❑ Proposed grading elevations. ❑ Drainage configuration. ❑ Storm sewer catch basins and invert elevations. ❑ Spot elevations. ❑ Proposed road profile. Landscape Plan, including: ❑ Location of all existing trees, type, diameter and which trees will be removed. ❑ Location, type and diameter of all proposed plantings. ❑ Location and material used of all screening devices. NOTES: Replacement of antennas and select equipment at cellular site with additional antennas beyond the initial installation. Conditional Use Permit Request (modified 92/6/2093) Page 2 of 2 page 79 W I R E L E s s August 7, 2014 City of Mendota Heights Mr. Nolan Wall, Planner 1101 Victoria Curve Mendota Heights, MN 55118 RE: 894 Sibley Memorial Highway - AT&T Antenna & Equipment Upgrade Dear Mr. Wall, Regarding the information required to complete your staff report, I offer the following. 1. The drawing shall be corrected to reflect the correct address as in Mendota Heights. 2. Tower mounted antennas: All antennas shall be paint matched to the existing tower color. 3. The new and replacement antennas shall not exceed the height of the existing antennas. 4. The existing tower is a monopole and shall remain as so. 5. Screening — Does not apply in this situation for tower antenna mount. 6. Advertising: No advertising shall be placed on the site. 7. Lighting: No tower mounted lighting shall be installed. 8. Safety: I have previously submitted a Structural Analysis in this regard. 9. Compliance: All building and electrical codes shall be adhered to. 10. Fencing: Does not apply for this antenna installation. 11. Accessory Structures: No external modification to the existing accessory structure. 12. Architecture: Architectural plans have been submitted for your review. 13. Abandonment Structures: Removal Required and Bond shall be per Mendota Heights requirements. 14. Coverage/Interference and Capacity Analysis: I've ordered this to be compiled so I can submit. (Email request attached). 15. Compliance with FCC Regulations: NEPA — RF Emissions Verification Form Attached. 16. Environment Impact Statement: Document to be submitted if required. 17. Nonconformances: In agreement with your language on this per the Eagle Ridge staff report. 18. Area Map: As included in the Coverage Analysis. 19. Costs to Applicant: All application costs shall be borne by the applicant. 20. Variance: Not Applicable. 21. Prohibitions: No use of mobile cell/PCS sites are COWS is agreed to. We greatly appreciate your help with this proposed AT&T Facility. Please let me know if you have any questions. Bessstt ?egards, 1 -, 41 Christopher Rohr Zoning& Permitting Specialist SAC Wireless for AT&T 4300 Market Place Drive, Suite 150 Bloomington, MN 55435 612-226-6470 christopher.rohr@sacw.com 5 10094898.RG 116.05-08-2014.xlsx version 2.3 NEPA ® RF Emissions Verification Form NEPA-RFSE Job Aid Certification Type: ' LTE Mod Design Organization: RAN For Modifications, Date of Last Analysis: Method of Evaluation: Market Name: Site ID: MNLO3071 Roofvlew Analysis User Site Name: MENDOTA HEIGHTS RooNtew Analysis Date USID: 1742 Antennas mounted at low center -fine category sites such as: Rooftops, Building Side -Mount, FA Code: 10094898 Vendor. Structure Type: MONOPOLE Report Date: Antenna Bottom Tip Height from Ground Level: 122 Which of the following apply (Select for A and B below): MPE Analysis User. Instructions Ho Answer the questions below. "No" means that the site is MPE Analysis Date: categorically excluded from routine RF evaluation. N/A "Yes" for if there is another reason for concern) means that the site must be evaluated for RF exposure in accordance with ATS T's RF Safety Pollcv. For the questions below, please select N/A If the selected coverage wilinot be provided at the site. Cellular (850 MHz) Antennas mounted at cell towers such as: Monopoles, Guyed, Self Support, Stealth Pole Internal Non -Building Mounted Antennas: Army, Stealth Pole External Array A) Non -building -mounted antennas: height above ground level to lowest point of antenna < 40' and total powe Antennas mounted at low center -fine category sites such as: Rooftops, Building Side -Mount, Building Mounted Antennas: Parking Structure, Water Tank, Tank, Billboard, Utility Pole, Cow, Stealth Structure, Silo, Indoor B) Building -mounted antennas: total power of all channels > 1,000 watts ERP' DAS (iDAS), Outdoor DAS (oDAS), in -Building, Tunnel -Underground or StadlurrrEvenl Area Cellular (850 MHz) Which of the following apply (Select for or B below): A) Non -building -mounted antennas: height above ground level to lowest point of antenna < 40' and total powe Ho of all channels > 1,000 watts ERP' B) Building -mounted antennas: total power of all channels > 1,000 watts ERP' H/A AWS -1 (170012100 MHz) Which of the following apply (Select for A and B below): A) Non -building -mounted antennas: height above ground level to lowest point of antenna < 40' and total powe Ho of all channels > 2,000 watts ERP' B) Building -mounted antennas: total power of all channels > 2,000 watts ERP' N/A Broadband PCS (1900 MHz) Which of the following apply (Select for A and B below): A) Non -building -mounted antennas: height above ground level to lowest point of antenna < 40' and total powe Ho of all channels > 2,000 watts ERP' B) Building -mounted antennas: total power of all channels > 2,000 watts ERP' N/A WCS (2300 MHz) Which of the following apply (Select for A or B below): A) Non -building -mounted antennas: height above ground level to lowest point of antenna < 40' and total N/p power of all channels > 1,000 watts ERP' B) Buitding-mounted antennas: the total power of all channels > 1,000 watts ERP N/A 700 MHz Which of the following apply (Select for A or B below): A) Non -building -mounted antennas: height above ground level to lowest point of antenna < 40' and total Ho power of all channels > 1,000 watts ERP* B) Building -mounted antennas: the total power of all channels > 1,000 watts ERP H/A Microwave Is microwave being installed or modified? No If "Yes" microwave evaluation should be conducted as described in this link: MW Calc SS v.2 lin Microwave folder) 'The term aEcatotal power of all channelsaE means the sum of all co -located simultaneously operating transmitters owned and operated by a single licensee. For facilities using sectored antennas, this rule is applied separately for each sector. FCC's ERP limits should not be considered when aswering these questions. 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(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 10TH day of AUGUST , 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 *abcdefghijklm nopgrstuvwxyz Subscribed and sworn to before me on this 11TH day of AUGUST0 14 BY: * :Y&� TITLE LEGAL COORDINATOR Notary Public *Alphabet should be in the same size and kind of type as the notice. G;wvor.-%N&&AAAAAAnn TONYA R. WHITEHEAD Notary Public -Minnesota RATE INFORMATION ' My Commission Expires Jan 31, 2015 �sd (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 84 page 85 Planning Case 2014-24 Public Hearing Notice Mailing List 0.1 �7' 275425101020 276425101010 a276CDI 2 PAUL GENERAL INC Q NCWPCS MPL 27 YR SITE TOWER HOLDINGS L 276425101030 ►0 910 SIBLEY MEMORIAL HWY CDI ST PAUL GENERAL INC 270230010007 10 880 SIBLEY MEMORIAL HWY #102 DAVID L AYERS 270230010006 a 880 SIBLEY MEMORIAL HWY #114 GABRIEL LAW BLDG LLC 270140075011 NORTHERN STATES POWER CO 270230002012 NORTHERN STATES POWER CO 1 270230002013 NORTHERN STATES POWER CO 270230010009 270230010004 0 880 SIBLEY MEMORIAL HWY #110 0 880 SIBLEY MEMORIAL HWY #109 GABRIEL LAW BUILDING LLC ROBERT D MCNAMARA FAMILY LTD PTNSHP 270230010008 270230010005 0 880 SIBLEY MEMORIAL HWY ##100 (0 880 SIBLEY MEMORIAL HWY #113 HAROLD H & MARGARET RIEHM ROBERT MCNAMARA FAMILY LTD PTNSHP 270230010001 240140078010 880 SIBLEY MEMORIAL HWY #101 ED 815 SIBLEY MEMORIAL HWY HEALTH SPECIAL RISK INC SCHAEFER/MAGILL LLC 270230010003 240230001010 0 880 SIBLEY MEMORIAL HWY #105 go 901 SIBLEY MEMORIAL HWY HEALTH SPECIAL RISK INC THOMPSON LIGHTNING PROTECTION INC page 86 CITY OFKOENBOTA HEIGHTS TREASURER'S REPORT JULY 28i4 , BALANCE COLLATERAL American Bank Checking Account .02% $65.302.85 Savings Account .0296 $64K}.3[7 $65,943.22 Collateral -Bonds $1.100.000.00 Gov't. Guar. $250.000.00 Investments Cost PV Saving Cert 7/28/14@O.1596Cherokee $13.952.59 $13.952.59 FHLB 2.00% 07/30/19 $300.000.00 $209.862.00 FHLB 1.00%O3/27/2O $350.000.00 $350.280.00 FHLyWC12S96O3/2G/21 $300.000.00 $300.027.00 FHLB 1.2596 12/14/22 $510.000.00 $509.028.60 FHLB 1.009612/28/22 $700.000.00 $698.747.00 FHLB 1.2G96O2/22/23 $260.000.00 $260.007.80 FHLB 1.25Y6O3/27/23 $255.000.00 $264.943.80 FHLB 1.1259606/20/23 $1.750.000.00 $1.749.195.00 Goldman Sachs Bank 1.5096 12/08/14 $246.000.00 $245.583.10 GECapital Financial Inc 2.O59611/4y18 $345.000.00 $247.900.80 American Express Cent Bank 2.O59612/1/1G $245.000.00 $247.697.45 GE Capital Retail Bank 2.00% 7/6/18 $200.000.00 $109.158.00 Sallie Mae Bank 2.0509611/20/18 $245.000.00 $243.463.85 BMW Bank 2.OD9612/11/18 $245.000.00 $243.686.80 Fidelity Institutional Government Portfolio (Piper) $4.306.843.84 $4.306.843.84 Gov't.Securities Fund 3896Sold S/4 $433.187.00 $1,031.000.00 K8Knk±Fd(VVF) $185.944.77 TOTAL FUNDS AVAILABLE 7/31N4 00.865.871.42 Funds Available 1/1/2U14 $11.334.237.58 Rates Money Market July Bank 0.0296 GYr. Tr. 1.7696 1OYr. Tr. 2.5896 page 87 So. 1101 Victoria Curve I Mendota Hei 5118 651.452.1850 phone 1 651.452.8940 fax www.mendota•heights.com , CITY OF MENDDTA HEIGHTS DATE: September 2, 2014 TO: Mayor, City Council and City Administrator FROM: Kristen Schabacker, Finance Director SUBJECT: Claims List Summary X_ MJ : l�11 Sinnificant Claims Bolton & Menk — Victoria Road Project $ 5,174.00 Emergency Apparatus Maintenance — Equipment Repair $ 3,033.96 Martin McAllister — Police Dept. $ 5,200.00 US Bank — July Credit Card Billing $ 4,839.79 Manual Checks Total $ 46,646.34 System Checks Total $ 87,593.64 Total for the list of claims for the September 2, 2014 city council meeting $ 134,239.98 RECOMMENDATION: Approval of the list of claims for September 2, 2014. page 88 CITY OF MENDOTA HEIGHTS 08/28/1410:19 AM Page 1 Claims List MANUALCHECKS 08/27/14 MAN Account Comments DEPT Descr Amount Search Name I C M A RETIREMENT 457 G 01-2072 08/15/2014 PAYROLL $483.99 G 01-2073 08/15/2014 PAYROLL $192.00 Search Name I C M A RETIREMENT 457 $675.99 Search Name NATIONWIDE RETIREMENT SOLUTION G 01-2072 08/15/2014 PAYROLL Search Name NATIONWIDE RETIREMENT SOLUTION Search Name SW/WC SERVICE COOPERATIVES E 01-4131-110-10 SEPT 2014 HEALTH INS. PREMIUM G 01-2074 SEPT 2014 HEALTH INS. PREMIUM G 01-2071 SEPT 2014 HEALTH INS. PREMIUM E 05-4131-105-15 SEPT 2014 HEALTH INS. PREMIUM E 01-4131-070-70 SEPT 2014 HEALTH INS. PREMIUM E 01-4131-050-50 SEPT 2014 HEALTH INS. PREMIUM E 01-4131-020-20 SEPT 2014 HEALTH INS. PREMIUM Search Name SW/WC SERVICE COOPERATIVES Search Name UNITED WAY OF ST. PAUL G 01-2070 08/15/2014 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 JUNE -JULY 2014 UTILITIES JUNE -JULY 2014 UTILITIES JUNE -JULY 2014 UTILITIES JUNE -JULY 2014 UTILITIES JUNE -JULY 2014 UTILITIES $50.00 $50.00 Administration $3,488.00 Parks & Recreation $3,706.00 Golf Course $7,311.00 Engineering Enterprise $4,268.50 Parks & Recreation $1,364.50 Road & Bridges $7,478.00 Police $16,305.50 $43,921.50 $47.89 $47.89 $1,200.00 $1,200.00 Parks & Recreation $12.43 Parks & Recreation $9.62 Golf Course $601.83 Golf Course $98.22 Golf Course $28.86 $750.96 $46,646.34 CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 09/02/14 PAY page 89 08/28/14 10:25 AM Page 1 Account Comments DEPT Descr Amount Search Name 4 PAWS ANIMAL CONTROL LLC G 01-2035 JULY 2014 ANIMAL CONTROL -$20.63 E 01-4225-800-90 JULY 2014 ANIMAL CONTROL Animal Control $610.63 Search Name 4 PAWS ANIMAL CONTROL LLC $590.00 Search Name ALLEGRA PRINT & IMAGING E 01-4300-020-20 ENVELOPES - PD Police $209.12 Search Name ALLEGRA PRINT & IMAGING $209.12 Search Name AMERIPRIDE SERVICES E 01-4335-310-50 MAT SERVICE - PW GARAGE Road & Bridges $25.87 E 01-4335-310-70 MAT SERVICE - PW GARAGE Parks & Recreation $25.86 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 45-4335-045-45 MAT SERVICE - PAR3 Golf Course $56.61 E 45-4335-045-45 MAT SERVICE - PAR3 Golf Course $31.37 Search Name AMERIPRIDE SERVICES $249.77 Search Name ANCHOR SCIENTIFIC, INC. E 15-4330-490-60 EQUIPMENT REPAIR PARTS - SEWER Utility Enterprise $248.51 Search Name ANCHOR SCIENTIFIC, INC. $248.51 Search Name ANCOM COMM INC E 01-4330-450-30 RADIO EQUIPMENT - FIRE DEPT Fire $155.00 Search Name ANCOM COMM INC $155.00 Search Name APACHE GROUP E 01-4305-030-30 SUPPLIES - FIRE HALL Fire $202.41 Search Name APACHE GROUP $202.41 Search Name ARROW MOWER INC. E 01-4330-490-50 EQUIPMENT REPAIR PARTS - STREETS Road & Bridges $24.30 Search Name ARROW MOWER INC. $24.30 Search Name ASPEN MILLS E 01-4305-030-30 SUPPLIES - FIRE DEPT Fire $50.00 E 01-4305-155-30 CLOTHING - FIRE MARSHALL Fire $87.90 Search Name ASPEN MILLS $137.90 Search Name BOLTON & MENK INC E 27-4220-788-00 VICTORIA RD PROJECT Spec Fds $5,174.00 Search Name BOLTON & MENK INC $5,174.00 Search Name C. DARLENE OEHLKE, CAP E 01-4220-110-10 08/19/14 CITY COUNCIL MTG. Administration $54.60 Search Name C. DARLENE OEHLKE, CAP $54.60 Search Name CDW GOVERNMENT, INC E 01-4301-114-14 COMPUTER EQUIPMENT Info Tech $336.81 Search Name CDW GOVERNMENT, INC $336.81 Search Name COCA-COLA REFRESHMENTS E 45-4310-210-45 BEVERAGES - PAR3 Golf Course $372.48 Search Name COCA-COLA REFRESHMENTS $372.48 page 90 CITY OF MENDOTA HEIGHTS 08/28/1410:25 AM Page 2 Claims List SYSTEM CHECKS 09/02/14 PAY Account Comments DEPT Descr Amount Search Name COMMERCIAL ASPHALT E 01-4422-050-50 ASPHALT MIX Road & Bridges $1,378.02 Search Name COMMERCIAL ASPHALT $1,378.02 Search Name CUSTOM FIRE APPARATUS E 01-4330-460-30 EQUIPMENT REPAIR PARTS - FIRE DEPT Search Name CUSTOM FIRE APPARATUS Search Name DAKOTA COMMUNICATIONS CENTER E 01-4275-020-20 SEPTEMBER 2014 DCC FEE E 01-4275-030-30 SEPTEMBER 2014 DCC FEE Search Name DAKOTA COMMUNICATIONS CENTER Search Name DELTA DENTAL E 15-4131-060-60 E 01-4131-070-70 G 01-2074 G 01-2071 E 01-4131-110-10 E 08-4131-000-00 E 01-4131-050-50 E 01-4131-020-20 E 05-4131-105-15 Search Name DELTA DENTAL SEPT 2014 DENTAL PREMIUM SEPT 2014 DENTAL PREMIUM SEPT 2014 DENTAL PREMIUM SEPT 2014 DENTAL PREMIUM SEPT 2014 DENTAL PREMIUM SEPT 2014 DENTAL PREMIUM SEPT 2014 DENTAL PREMIUM SEPT 2014 DENTAL PREMIUM SEPT 2014 DENTAL PREMIUM Search Name DIESEL COMPONENTS, INC Fire Police Fire Utility Enterprise Parks & Recreation Administration Spec Fds Road & Bridges Police Engineering Enterpris E 15-4330-490-60 EQUIPMENT REPAIR PARTS - SEWER Utility Enterprise Search Name DIESEL COMPONENTS, INC Search Name ELECTRO WATCHMAN E 15-4210-060-60 QTRLY SECURITY MONITORING - LIFT STATION Utility Enterprise E 08-4335-000-00 QTRLY SECURITY MONITORING - CITY HALL Spec Fds Search Name ELECTRO WATCHMAN Search Name EMERGENCY APPARATUS MTNC E 01-4330-460-30 EQUIPMENT REPAIR - FIRE DEPT E 01-4330-460-30 EQUIPMENT REPAIR - FIRE DEPT E 01-4330-460-30 EQUIPMENT REPAIR - FIRE DEPT Search Name EMERGENCY APPARATUS MTNC Search Name FARMINGTON PLUMBING & HEATING R 01-3253 REFUND - PERMIT OVERPAYMENT Search Name FARMINGTON PLUMBING & HEATING Search Name FLEET SERVICES E 01-4200-610-20 E 01-4200-610-20 E 01-4200-610-20 Search Name FLEET SERVICES 2014 REBATE JUNE 2014 SQUAD LEASES JULY 2014 SQUAD LEASES Fire Fire Fire Police Police Police Search Name FRONTIER AG & TURF E 01-4330-490-70 EQUIPMENT REPAIR PARTS - PARKS Parks & Recreation E 01-4330-490-70 EQUIPMENT REPAIR PARTS - PARKS Parks & Recreation Search Name FRONTIER AG & TURF $36.41 $36.41 $16,835.00 .ts*is nn $217.80 $301.30 $167.00 $1,348.55 $259.55 $41.75 $301.30 $736.90 $192.40 $3,566.55 $793.29 $793.29 $495.00 $255.00 $750.00 $336.52 $786.56 $1,910.88 $3,033.96 $22.50 $22.50 -$2,022.00 $4,596.72 $4,565.68 $7,140.40 $161.88 $16.06 $177.94 page 91 CITY OF MENDOTA HEIGHTS 08/28/1410:25 AM Page 3 Claims List SYSTEM CHECKS 09/02/14 PAY Account Comments DEPT Descr Amount Search Name GERLACH SERVICE INC. E 01-4330-490-70 EQUIPMENT REPAIR PARTS - PARKS Parks & Recreation $40.00 Search Name GERLACH SERVICE INC. $40.00 Search Name GM MANAGEMENT E 45-4268-045-45 JULY 2014 CONSULTING - PAR3 Golf Course $1,000.00 Search Name GM MANAGEMENT $1,000.00 Search Name GOLDCOM E 01-4305-030-30 OPERATING SUPPLIES - FIRE DEPT Fire $42.84 E 01-4305-030-30 OPERATING SUPPLIES - FIRE DEPT Fire $16.51 Search Name GOLDCOM $59.35 Search Name GRAFIX SHOPPE E 01-4330-440-20 MARKINGS - SQUAD 2244 Police $375.00 Search Name GRAFIX SHOPPE $375.00 Search Name HOME DEPOT CREDIT SERVICES E 01-4200-610-70 EQUIPMENT RENTAL - PARKS Parks & Recreation $150.00 E 01-4305-070-70 OPERATING SUPPLIES - PARKS Parks & Recreation $99.87 E 01-4200-610-70 EQUIPMENT RENTAL - PARKS Parks & Recreation -$75.04 E 01-4305-070-70 OPERATING SUPPLIES - PARKS Parks & Recreation $95.01 E 01-4305-070-70 OPERATING SUPPLIES - PARKS Parks & Recreation $64.97 G 45-2035 BLDG MAINT. SUPPLIES - PAR3 -$1.16 E 45-4335-045-45 BLDG MAINT. SUPPLIES - PAR3 Golf Course $17.98 E 01-4305-070-70 OPERATING SUPPLIES - PARKS Parks & Recreation $168.46 E 08-4335-000-00 BLDG EQUIPMENT SUPPLIES - CITY HALL Spec Fds $13.27 E 08-4335-000-00 BLDG REPAIR SUPPLIES - CITY HALL Spec Fds $30.52 Search Name HOME DEPOT CREDIT SERVICES $563.88 Search Name HOSE INC E 01-4330-490-50 EQUIPMENT REPAIR PARTS - STREETS Road & Bridges $34.50 Search Name HOSE INC $34.50 Search Name INNOVATIVE OFFICE SOLUTIONS E 01-4300-110-10 OFFICE SUPPLIES - ADMIN Administration $101.49 E 01-4300-030-30 OFFICE SUPPLIES - FIRE DEPT Fire $4.71 E 01-4300-030-30 OFFICE SUPPLIES - FIRE DEPT Fire $28.75 E 01-4300-110-10 OFFICE SUPPLIES - ADMIN Administration $22.92 E 05-4300-105-15 OFFICE SUPPLIES - ENG. Engineering Enterpris $59.80 E 01-4300-640-12 OFFICE SUPPLIES - ELECTIONS Elections $68.52 E 01-4300-110-10 OFFICE SUPPLIES - ADMIN Administration $15.06 E 05-4300-105-15 OFFICE SUPPLIES - ENG. Engineering Enterpris $9.36 E 01-4300-020-20 OFFICE SUPPLIES - PD Police $11.69 E 01-4300-030-30 OFFICE SUPPLIES - FIRE DEPT Fire $41.21 E 01-4305-030-30 OFFICE SUPPLIES - FIRE DEPT Fire $44.40 E 01-4305-030-30 OFFICE SUPPLIES - FIRE DEPT Fire $102.12 E 01-4305-030-30 OFFICE SUPPLIES - FIRE DEPT Fire $84.36 E 01-4300-640-12 OFFICE SUPPLIES - ELECTIONS Elections $25.23 E 01-4300-020-20 OFFICE SUPPLIES - PD Police $74.42 Search Name INNOVATIVE OFFICE SOLUTIONS $694.04 Search Name INTEGRA TELECOM E 01-4210-110-10 AUG -SEP 2014 TELEPHONE SERVICE Administration $337.24 Search Name INVER GROVE FORD E 01-4620-050-50 NEW STREETS TRUCK EQUIPMENT Road & Bridges $187.01 page 92 Police CITY OF MENDOTA HEIGHTS E 01-4620-050-50 NEW STREETS TRUCK EQUIPMENT 08/28/14 10:25 AM $184.03 Search Name INVER GROVE FORD Page 4 Search Name JRK SEED & TURF SUPPLY Claims List E 01-4330-215-70 CHEMICALS - PARKS Parks & Recreation SYSTEM CHECKS E 01-4330-215-70 FERTILIZER - PARKS Parks & Recreation $2,261.40 09/02/14 PAY $2,573.00 Account Comments DEPT Descr Amount E 15-4210-060-60 AUG -SEP 2014 TELEPHONE SERVICE Utility Enterprise $249.65 E 01-4210-070-70 AUG -SEP 2014 TELEPHONE SERVICE Parks & Recreation $42.51 E 01-4210-050-50 AUG -SEP 2014 TELEPHONE SERVICE Road & Bridges $42.51 E 01-4210-020-20 AUG -SEP 2014 TELEPHONE SERVICE Police $127.52 E 05-4210-105-15 AUG -SEP 2014 TELEPHONE SERVICE Engineering Enterpris $168.62 E 01-4210-020-20 AUG -SEP 2014 TELEPHONE SERVICE Police $269.79 E 01-4210-040-40 AUG -SEP 2014 TELEPHONE SERVICE Code Enforcement/Ins $67.45 Search Name INTEGRA TELECOM E 15-4305-060-60 OPERATING SUPPLIES - SHOP Utility Enterprise $1,305.29 Search Name INVER GROVE FORD E 01-4620-050-50 NEW STREETS TRUCK EQUIPMENT Road & Bridges $187.01 E 01-4330-440-20 EQUIPMENT REPAIR PARTS - PD Police $130.40 E 01-4620-050-50 NEW STREETS TRUCK EQUIPMENT Road & Bridges $184.03 Search Name INVER GROVE FORD $501.44 Search Name JRK SEED & TURF SUPPLY E 01-4330-215-70 CHEMICALS - PARKS Parks & Recreation $311.60 E 01-4330-215-70 FERTILIZER - PARKS Parks & Recreation $2,261.40 Search Name JRK SEED & TURF SUPPLY $2,573.00 Search Name KNOX COMPANY E 01-4305-030-30 LOCK BOXES - FIRE DEPT Fire $198.00 Search Name KNOX COMPANY $198.00 Search Name KREMER SERVICES, LLC E 01-4330-490-50 DOT INSPECTION Road & Bridges $87.95 Search Name KREMER SERVICES, LLC $87.95 Search Name L E L S G 01-2075 SEPT 2014 UNION DUES $495.00 Search Name L E L S $495.00 Search Name LAWSON PRODUCTS, INC E 01-4305-070-70 OPERATING SUPPLIES - SHOP Parks & Recreation $64.40 E 15-4305-060-60 OPERATING SUPPLIES - SHOP Utility Enterprise $64.40 E 01-4305-050-50 OPERATING SUPPLIES - SHOP Road & Bridges $64.40 E 15-4330-490-60 EQUIPMENT REPAIR PARTS - SEWER Utility Enterprise $352.36 Search Name LAWSON PRODUCTS, INC $545.56 Search Name LEGEND TECHNICAL SERVICES, INC E 08-4335-000-00 MOLD TESTING - CITY HALL Spec Fds $214.28 Search Name LEGEND TECHNICAL SERVICES, INC $214.28 Search Name LEXISNEXIS E 01-4223-020-20 JULY 2014 SERVICE Police $50.00 Search Name LEXISNEXIS $50.00 Search Name LOGIS E 01-4223-020-20 APPLICATION SUPPORT - PD Police $2,272.00 E 01-4301-030-30 APPLICATION SUPPORT - FIRE DEPT Fire $55.00 E 01-4223-020-20 NETWORK SERVICE Police $371.25 Search Name LOGIS $2,698.25 Search Name LOWES BUSINESS ACCOUNT E 01-4305-050-50 OPERATING SUPPLIES - STREETS Road & Bridges $25.42 page 93 CITY OF MENDOTA HEIGHTS 08/28/1410:25 AM Page 5 Claims List SYSTEM CHECKS 09/02/14 PAY Account Comments DEPT Descr Amount Search Name LOWES BUSINESS ACCOUNT $25.42 Search Name M T I DISTRIBUTING COMPANY E 01-4330-490-70 EQUIPMENT REPAIR PARTS - PARKS Parks & Recreation $319.94 E 45-4330-490-45 EQUIPMENT REPAIR PARTS - PAR3 Golf Course $85.70 E 01-4330-490-70 EQUIPMENT REPAIR PARTS - PARKS Parks & Recreation $101.34 Search Name M T I DISTRIBUTING COMPANY $506.98 Search Name MARKS TOWING E 15-4330-490-60 TOWING - UTILITIES Utility Enterprise $178.20 Search Name MARKS TOWING $178.20 Search Name MARTIN-MCALLISTER E 01-4220-020-20 PERSONNEL EVALUATIONS - PD Police $5,200.00 Search Name MARTIN-MCALLISTER $5,200.00 Search Name MENARDS E 01-4305-050-50 OPERATING SUPPLIES - STREETS Road & Bridges $92.09 E 27-4460-788-00 VICORIA RD PROJECT SUPPLIES Spec Fds $37.62 E 37-4330-479-00 MAINT. SUPPLIES - WATER TOWER Spec Fds $213.92 E 08-4335-000-00 SUPPLIES - CITY HALL Spec Fds $23.73 Search Name MENARDS $367.36 Search Name METRO SALES E 01-4301-030-30 PRINTER - FIRE DEPT Fire $300.00 E 01-4330-440-20 QTRLY COPIER MAINT. - PD Police $278.04 Search Name METRO SALES $578.04 Search Name MID NORTHERN SERVICES E 01-4330-420-50 TRAFFIC LIGHTS REPAIRS Road & Bridges $410.90 E 01-4335-310-50 LIGHTING REPAIRS - PW Road & Bridges $145.74 E 01-4335-310-70 LIGHTING REPAIRS - PW Parks & Recreation $145.73 E 15-4335-310-60 LIGHTING REPAIRS - PW Utility Enterprise $145.73 E 01-4330-420-50 TRAFFIC LIGHTS REPAIRS Road & Bridges $270.00 Search Name MID NORTHERN SERVICES $1,118.10 Search Name MN DEPT OF LABOR & INDUSTRY E 01-4335-315-30 BOILER LICENSE - FIRE HALL Fire $10.00 Search Name MN DEPT OF LABOR & INDUSTRY $10.00 Search Name MN FALL MAINTENANCE EXPO E 01-4400-050-50 SEMINAR REGISTRATION - PW Road & Bridges $160.00 Search Name MN FALL MAINTENANCE EXPO $160.00 Search Name MN FIRE SERVICE CERTIFICATION E 01-4403-030-30 FF I EXAMS Fire $500.00 Search Name MN FIRE SERVICE CERTIFICATION $500.00 Search Name MN LOCKS E 01-4305-020-20 PADLOCKS - PD Police $162.00 Search Name MN LOCKS $162.00 Search Name MN ST ADMIN ITG TELECOM SRVCE E 01-4220-133-10 JULY 2014 WAN SERVICE Administration $111.00 E 01-4223-020-20 JULY 2014 WAN SERVICE Police $125.81 page 94 CITY OF MENDOTA HEIGHTS 08/28/1410:25 AM Page 6 Claims List SYSTEM CHECKS 09/02/14 PAY Account Comments DEPT Descr Amount Search Name MN ST ADMIN ITG TELECOM SRVCE $236.81 Search Name MNPEA G 01-2075 SEPT 2014 UNION DUES $78.00 Search Name MNPEA $78.00 Search Name NATURE CALLS, INC E 01-4200-610-70 JULY 2014 RENTALS - PARKS Parks & Recreation $928.00 E 45-4200-610-45 JULY 2014 RENTALS - PAR3 Golf Course $60.92 G 45-2035 JULY 2014 RENTALS - PAR3 -$3.92 Search Name NATURE CALLS, INC $985.00 Search Name NCPERS GROUP LIFE INS. G 01-2071 SEPT 2014 PREMIUM $80.00 Search Name NCPERS GROUP LIFE INS. $80.00 Search Name NORTHERN TECHNOLOGIES, INC E 27-4220-788-00 VICTORIA RD PROJECT Spec Fds $1,744.75 Search Name NORTHERN TECHNOLOGIES, INC $1,744.75 Search Name NORTHFIELD LINES, INC. E 01-4480-110-10 LINE OF DUTY DEATH EXPENSE Administration $1,813.65 Search Name NORTHFIELD LINES, INC. $1,813.65 Search Name NORTHLAND CHEMICAL E 15-4305-060-60 SHOP SUPPLIES - PW Utility Enterprise $51.29 E 01-4305-050-50 SHOP SUPPLIES - PW Road & Bridges $51.30 E 01-4305-070-70 SHOP SUPPLIES - PW Parks & Recreation $51.30 Search Name NORTHLAND CHEMICAL $153.89 Search Name OCEANTECH E 01-4220-114-14 ELECTRONICS RECYCLING Info Tech $237.50 Search Name OCEANTECH $237.50 Search Name OREILLY AUTO/FIRST CALL E 01-4620-070-70 NEW TRUCK EQUIPMENT Parks & Recreation $600.75 E 01-4330-490-50 EQUIPMENT REPAIR SUPPLIES - SHOP Road & Bridges $11.52 E 01-4330-460-30 EQUIPMENT REPAIR PARTS - FIRE DEPT Fire -$21.73 E 01-4305-050-50 OPERATING SUPPLIES - SHOP Road & Bridges $39.96 E 01-4305-070-70 OPERATING SUPPLIES - SHOP Parks & Recreation $39.96 E 01-4330-460-30 EQUIPMENT REPAIR PARTS - FIRE DEPT Fire $0.99 E 01-4330-460-30 EQUIPMENT REPAIR PARTS - FIRE DEPT Fire $79.33 E 01-4330-490-70 EQUIPMENT REPAIR PARTS - PARKS Parks & Recreation $79.56 E 01-4330-490-70 EQUIPMENT REPAIR PARTS - PARKS Parks& Recreation $9.57 E 15-4330-490-60 EQUIPMENT REPAIR PARTS - SEWER Utility Enterprise -$19.95 E 01-4305-070-70 OPERATING SUPPLIES - PARKS Parks & Recreation $23.64 E 15-4330-490-60 EQUIPMENT REPAIR PARTS - SEWER Utility Enterprise $22.32 E 15-4330-490-60 EQUIPMENT REPAIR PARTS - SEWER Utility Enterprise $59.89 E 15-4330-490-60 EQUIPMENT REPAIR PARTS - SEWER Utility Enterprise $28.48 E 01-4330-460-30 EQUIPMENT REPAIR PARTS - FIRE DEPT Fire $49.96 E 15-4305-060-60 OPERATING SUPPLIES - SHOP Utility Enterprise $39.96 E 01-4305-050-50 OPERATING SUPPLIES - STREETS Road & Bridges $25.98 Search Name OREILLY AUTO/FIRST CALL $1,070.19 Search Name OXYGEN SERVICE CO page 95 CITY OF MENDOTA HEIGHTS 08/28/1410:25 AM Page 7 Claims List SYSTEM CHECKS 09/02/14 PAY Account Comments DEPT Descr Amount E 01-4305-050-50 OPERATING SUPPLIES - SHOP Road & Bridges $37.57 E 15-4305-060-60 OPERATING SUPPLIES - SHOP Utility Enterprise $60.69 E 01-4305-070-70 OPERATING SUPPLIES - SHOP Parks & Recreation $60.70 E 01-4305-050-50 OPERATING SUPPLIES - SHOP Road & Bridges $60.70 E 01-4305-070-70 OPERATING SUPPLIES - SHOP Parks & Recreation $37.56 E 15-4305-060-60 OPERATING SUPPLIES - SHOP Utility Enterprise $37.56 Search Name OXYGEN SERVICE CO $294.78 Search Name PARKER, MICHELLE E 01-4400-030-30 TRAVEL EXPENSE REIMB. - M. PARKER Fire $57.10 Search Name PARKER, MICHELLE $57.10 Search Name PCE, INC. E 01-4220-070-70 WORK FLOW STUDY Parks & Recreation $665.82 Search Name PCE, INC. $665.82 Search Name PETERBILT NORTH E 01-4330-440-20 EQUIPMENT REPAIR PARTS - PD Police $40.84 E 01-4330-440-20 EQUIPMENT REPAIR PARTS - PD Police $42.95 E 01-4330-460-30 EQUIPMENT REPAIR PARTS - FIRE DEPT Fire $2.70 E 01-4330-490-50 EQUIPMENT REPAIR PARTS - STREETS Road & Bridges $169.56 E 15-4330-490-60 EQUIPMENT REPAIR PARTS - SEWER Utility Enterprise -$2.80 E 01-4330-490-70 EQUIPMENT REPAIR PARTS - PARKS Parks & Recreation -$5.60 Search Name PETERBILT NORTH $247.65 Search Name RIGID HITCH INCORPORATED E 01-4620-050-50 NEW TRUCK EQUIPMENT Road & Bridges $127.85 Search Name RIGID HITCH INCORPORATED $127.85 Search Name ROUGH CUTT E 01-4490-040-40 WEED CUTTING - MEDORA Code Enforcement/Ins $145.00 Search Name ROUGH CUTT $145.00 Search Name SCHUTTA, TAMARA E 01-4400-110-10 TRAVEL EXPENSE REIMB. - T. SCHUTTA Administration $459.51 Search Name SCHUTTA, TAMARA $459.51 Search Name SETS DESIGN INC E 01-4305-220-20 D.A.R.E. SUPPLIES Police $2,280.00 Search Name SETS DESIGN INC $2,280.00 Search Name SK)ERVEN, GORDON E 01-4400-030-30 TRAVEL EXPENSE REIMB. - G. SK)ERVEN Fire $29.99 Search Name SKJERVEN, GORDON $29.99 Search Name SMOLIK, DAN E 78-4460-774-00 HUNTER/ORCHARD REPAIRS Spec Fds $1,500.00 Search Name SMOLIK, DAN $1,500.00 Search Name SOUTH EAST TOWING E 01-4305-020-20 TOWING - PD Police $95.00 Search Name SOUTH EAST TOWING $95.00 Search Name SPRINT E 15-4210-060-60 AUG 2014 CELL SERVICE Utility Enterprise $50.44 Search Name STONE, JASON E 01-4305-155-30 Search Name STONE, JASON Search Name SUN LIFE E 01-4131-070-70 G 01-2071 E 15-4131-060-60 E 05-4131-105-15 E 01-4131-050-50 E 01-4131-020-20 E 01-4131-110-10 E 08-4131-000-00 Search Name SUN LIFE Search Name T MOBILE E 01-4210-020-20 E 01-4210-070-70 Search Name T MOBILE Search Name TOTAL CONSTRUCTION FIRE GEAR REIMBURSEMENT SEP 2014 TERM & ST DISB PREMIUM SEP 2014 TERM & ST DISB PREMIUM SEP 2014 TERM & ST DISB PREMIUM SEP 2014 TERM & ST DISB PREMIUM SEP 2014 TERM & ST DISB PREMIUM SEP 2014 TERM & ST DISB PREMIUM SEP 2014 TERM & ST DISB PREMIUM SEP 2014 TERM & ST DISB PREMIUM AUG 2014 SERVICE - PD JULY 2014 SERVICE - PARKS E 15-4330-400-60 LIFT STATIONS REPAIRS Search Name TOTAL CONSTRUCTION Search Name TRIANGLE RUBBISH & RECYCLING E 01-4280-315-30 JUNE 2014 SERVICE - FIRE HALL Search Name TRIANGLE RUBBISH & RECYCLING Search Name TWIN CITIES OCCUPATIONAL HLTH E 01-4306-020-20 MEDICAL EXAM - PD Search Name TWIN CITIES OCCUPATIONAL HLTH Search Name TWIN CITY TELEPHONE E 01-4330-440-20 E 08-4335-000-00 Search Name TWIN CITY TELEPHONE Search Name U. S. BANK E 01-4306-020-20 E 01-4435-200-70 E 01-4435-200-70 E 15-4305-060-60 E 01-4435-200-70 E 01-4306-020-20 E 05-4400-105-15 E 01-4435-200-70 E 01-4306-020-20 NEW SERVICE SET-UP - PD CABLE INSTALL -CITY HALL TRAVEL EXPENSE - BACKGROUND CHECK TENNIS LESSONS SUPPLIES SAFETY CAMP SUPPLIES OPEARATING SUPPLIES - SEWER TENNIS LESSONS SUPPLIES TRAVEL EXPENSE - BACKGROUND CHECK CONE REGISTRATION - ENG. PLAYGROUNDS PROGRAMS TRAVEL EXPENSE - BACKGROUND CHECK Fire Parks & Recreation Utility Enterprise Engineering Enterpris Road & Bridges Police Administration Spec Fds Police Parks & Recreation Utility Enterprise Fire Police Police Spec Fds Police Parks & Recreation Parks & Recreation Utility Enterprise Parks & Recreation Police Engineering Enterpris Parks & Recreation Police t1 rn nn 4.lOV.VV $185.36 $1,367.83 $89.50 $114.81 $248.36 $330.07 $302.89 $84.05 $2,722.87 $31.84 $193.43 $225.27 $627.29 $627.29 $53.10 $53.10 $422.00 $422.00 $228.00 $518.75 $746.75 $50.00 $4.99 $18.33 $39.99 $3.50 $90.88 $95.00 $218.13 $120.86 page 96 CITY OF MENDOTA HEIGHTS 08/28/1410:25 AM Page 8 Claims List SYSTEM CHECKS 09/02/14 PAY Account Comments DEPT Descr Amount E 01-4223-020-20 AUG 2014 CELL SERVICE Police $202.21 E 01-4210-030-30 AUG 2014 CELL SERVICE Fire $73.24 E 05-4210-105-15 AUG 2014 CELL SERVICE Engineering Enterpris $134.58 E 01-4210-110-10 AUG 2014 CELL SERVICE Administration $91.22 E 01-4210-020-20 AUG 2014 CELL SERVICE Police $854.42 E 45-4210-045-45 AUG 2014 CELL SERVICE Golf Course $85.60 Search Name SPRINT $1,491.71 Search Name STONE, JASON E 01-4305-155-30 Search Name STONE, JASON Search Name SUN LIFE E 01-4131-070-70 G 01-2071 E 15-4131-060-60 E 05-4131-105-15 E 01-4131-050-50 E 01-4131-020-20 E 01-4131-110-10 E 08-4131-000-00 Search Name SUN LIFE Search Name T MOBILE E 01-4210-020-20 E 01-4210-070-70 Search Name T MOBILE Search Name TOTAL CONSTRUCTION FIRE GEAR REIMBURSEMENT SEP 2014 TERM & ST DISB PREMIUM SEP 2014 TERM & ST DISB PREMIUM SEP 2014 TERM & ST DISB PREMIUM SEP 2014 TERM & ST DISB PREMIUM SEP 2014 TERM & ST DISB PREMIUM SEP 2014 TERM & ST DISB PREMIUM SEP 2014 TERM & ST DISB PREMIUM SEP 2014 TERM & ST DISB PREMIUM AUG 2014 SERVICE - PD JULY 2014 SERVICE - PARKS E 15-4330-400-60 LIFT STATIONS REPAIRS Search Name TOTAL CONSTRUCTION Search Name TRIANGLE RUBBISH & RECYCLING E 01-4280-315-30 JUNE 2014 SERVICE - FIRE HALL Search Name TRIANGLE RUBBISH & RECYCLING Search Name TWIN CITIES OCCUPATIONAL HLTH E 01-4306-020-20 MEDICAL EXAM - PD Search Name TWIN CITIES OCCUPATIONAL HLTH Search Name TWIN CITY TELEPHONE E 01-4330-440-20 E 08-4335-000-00 Search Name TWIN CITY TELEPHONE Search Name U. S. BANK E 01-4306-020-20 E 01-4435-200-70 E 01-4435-200-70 E 15-4305-060-60 E 01-4435-200-70 E 01-4306-020-20 E 05-4400-105-15 E 01-4435-200-70 E 01-4306-020-20 NEW SERVICE SET-UP - PD CABLE INSTALL -CITY HALL TRAVEL EXPENSE - BACKGROUND CHECK TENNIS LESSONS SUPPLIES SAFETY CAMP SUPPLIES OPEARATING SUPPLIES - SEWER TENNIS LESSONS SUPPLIES TRAVEL EXPENSE - BACKGROUND CHECK CONE REGISTRATION - ENG. PLAYGROUNDS PROGRAMS TRAVEL EXPENSE - BACKGROUND CHECK Fire Parks & Recreation Utility Enterprise Engineering Enterpris Road & Bridges Police Administration Spec Fds Police Parks & Recreation Utility Enterprise Fire Police Police Spec Fds Police Parks & Recreation Parks & Recreation Utility Enterprise Parks & Recreation Police Engineering Enterpris Parks & Recreation Police t1 rn nn 4.lOV.VV $185.36 $1,367.83 $89.50 $114.81 $248.36 $330.07 $302.89 $84.05 $2,722.87 $31.84 $193.43 $225.27 $627.29 $627.29 $53.10 $53.10 $422.00 $422.00 $228.00 $518.75 $746.75 $50.00 $4.99 $18.33 $39.99 $3.50 $90.88 $95.00 $218.13 $120.86 page 97 $87,593.64 CITY OF MENDOTA HEIGHTS 08/28/1410:25 AM Page 9 Claims List SYSTEM CHECKS 09/02/14 PAY Account Comments DEPT Descr Amount E 01-4305-020-20 OPEARTING SUPPLIES - PD Police $63.20 E 01-4403-030-30 FIRE PREVENTION SUPPLIES Fire $79.45 E 01-4490-640-12 ELECTIONS MEALS Elections $21.32 E 01-4306-020-20 TRAVEL EXPENSE - BACKGROUND CHECK Police $48.00 E 01-4306-020-20 TRAVEL EXPENSE - BACKGROUND CHECK Police $1,271.00 E 01-4435-200-70 SAFETY CAMP SUPPLIES Parks & Recreation $214.25 E 01-4435-200-70 TENNIS LESSONS EXPENSE Parks & Recreation $20.00 E 01-4435-200-70 FIELD TRIPS - BUNKER BEACH Parks & Recreation $15.00 E 01-4306-020-20 TRAVEL EXPENSE - BACKGROUND CHECK Police $847.07 E 01-4435-200-70 FIELD TRIPS - BUNKER BEACH Parks & Recreation $682.00 E 01-4435-200-70 PLAYGROUNDS PROGRAMS SUPPLIES Parks & Recreation $61.86 E 01-4435-200-70 SOFTBALL TROPHIES Parks & Recreation $264.49 E 01-4435-200-70 TENNIS LESSONS EXPENSE Parks & Recreation $30.00 E 01-4435-200-70 SAFETY CAMP SUPPLIES Parks & Recreation $19.34 E 01-4435-200-70 TENNIS LESSONS EXPENSE Parks & Recreation $60.00 E 01-4435-200-70 SAFETY CAMP SUPPLIES Parks & Recreation $18.33 E 01-4435-200-70 SOFTBALL TROPHIES Parks & Recreation $46.55 E 01-4435-200-70 PLAYGROUNDS PROGRAMS Parks & Recreation $436.25 Search Name U. S. BANK $4,839.79 Search Name UNIFORMS UNLIMITED E 01-4305-024-20 UNIFORMS - RESERVES Police $112.95 E 01-4305-024-20 UNIFORM - R. PENTEL Police $41.85 E 01-4410-020-20 UNIFORMS - HENNING/SPICER Police -$18.00 E 01-4410-020-20 UNIFORMS - HENNING/SPICER Police $103.00 E 01-4305-024-20 UNIFORM - R. PENTEL Police $259.20 E 01-4410-020-20 UNIFORM -CH. WILLSON Police $63.45 E 01-4410-020-20 UNIFORM - M. SHEPARD Police $375.92 E 01-4410-020-20 UNIFORM - S. MEYER Police $295.00 E 01-4410-020-20 UNIFORM D. URMANN Police $134.29 E 01-4410-020-20 EQUIPMENT - J. LARRIVE Police $20.00 Search Name UNIFORMS UNLIMITED $1,387.66 Search Name VERIZON WIRELESS E 01-4210-030-30 JUNE -JULY 2014 CELL SERVICE Fire $162.35 Search Name VERIZON WIRELESS $162.35 Search Name YALE MECHANICAL E 01-4335-315-30 BLDG MAINTENANCE - FIRE HALL Fire $186.75 Search Name YALE MECHANICAL $186.75 $87,593.64 page 98 7a. 1101 Victoria Curve I Mendota He, X5118 651.452.1850 phone 1 651.452.8940 fax www.rrendota-heights.com CITY OF MENDDTA HEIGHTS DATE: September 2, 2014 TO: Mayor, City Council and City Administrator FROM: Nolan Wall, AICP Planner SUBJECT: Resolution Approving a Wetlands Permit at 667 Ivy Falls Court BACKGROUND The applicant is requesting a Wetlands Permit to remove vegetation and construct a pool and sport court in the rear yard of the subject property. The proposed activities are within 100 feet of a wetland or water resource -related area and do not meet the conditions for an administrative approval. The subject parcel is 0.68 acres (29,676 square feet) and contains an existing single-family dwelling abutting a tributary stream to Ivy Falls Creek. Title 12-2-6(A) of the Code requires a wetlands permit for the removal of vegetation, and the construction of any structure within the 100 -foot wetland or water resource -related buffer area. If approved, the project would be constructed this year. The Planning Commission conducted a public hearing at the August 26 meeting. Public comments consisted of concerns regarding run-off and vegetation removal from the proposed improvements. Grading, drainage, and erosion control plans will be required and reviewed by the Engineering Department as part of the building permit process. The applicant also provided updated information regarding the vegetation that will be installed as part of the project. BUDGETIMPACT N/A RECOMMENDATION The Planning Commission recommended approval of the Wetlands Permit request, with conditions, as described in Planning Case 2014-21. If the City Council desires to implement the recommendation, pass a motion adopting RESOLUTION 2014-47 APPROVING A WETLANDS PERMIT AT 667 IVY FALLS COURT. This matter requires a simple majority vote. page 99 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2014-47 RESOLUTION APPROVING A WETLANDS PERMIT AT 667 IVY FALLS COURT WHEREAS, Tom Christ, on behalf of Will and Katie Stewart, has applied for a wetlands permit to remove vegetation and construct improvements at 667 Ivy Falls Court within a wetlands or water resource -related area (Ivy Falls 2nd Addition, Lot 3, Block 1; PID# 27-37601-01-030) as proposed in Planning Case 2014-21; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this matter at their regular meeting on August 26, 2014. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the wetlands permit request as proposed in Planning Case 2014-21 is hereby approved with the following findings of fact: 1. The proposed project meets the purpose and intent of the Wetlands Systems Chapter of the City Code. 2. No existing vegetation within the required 25 -foot buffer area will be removed. 3. Adequate erosion control measures will be observed during construction. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the wetlands permit request as proposed in Planning Case 2014-21 is hereby approved with the following conditions: 1. Building, fence, and grading permits are obtained from the City prior to construction. 2. Area between the proposed construction and the normal water level of the stream (minimum of 25 feet) is to remain undisturbed and naturally -vegetated. 3. Construction and restoration activity, to include re -vegetation of disturbed areas, shall be in compliance with the City's Land Disturbance Guidance Document. Adopted by the City Council of the City of Mendota Heights this second day of September, 2014. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST: Lorri Smith, City Clerk page 100 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-helghts.com T CI7Y OF MENEDOTA HEIGHTS DATE: August 26, 2014 TO: Planning Commission FROM: Nolan Wall, AICP Planner SUBJECT: Planning Case 2014-21 Wetlands Permit Application APPLICANT: Tom Christ, on behalf of Will and Katie Stewart PROPERTY ADDRESS: 667 Ivy Falls Court ZONING/GUIDED: R-1 One Family Residential/LR Low Density Residential ACTION DEADLINE: September 29, 2014 DESCRIPTION OF THE REQUEST The applicant, on behalf of the property owners, is seeking a Wetlands Permit to remove vegetation and construct a pool and sport court in the rear yard of the subject property. The proposed activities are within 100 feet of a wetland or water resource -related area and do not meet the conditions for an administrative approval. BACKGROUND The subject parcel is 0.68 acres (29,676 square feet) and contains an existing single-family dwelling abutting a tributary stream to Ivy Falls Creek. hi addition, it is zoned R -I One Family Residential and guided for low density residential development. The proposed project includes the following improvements: • 720 -square foot pool • 1,950 -square foot pool deck (non -permeable natural stone) • 676 -square foot sport court • 20 -foot diameter fire pit/paver patio • Landscaping and sod • Boulder wall • Ornamental fence Title 12-2-6(A) of the Code requires a wetlands permit for the removal of vegetation, and the construction, alteration, or removal of any structure within the 100 -foot wetland or water resource -related buffer area. If approved, the project would be constructed this year. ANALYSIS Comprehensive Plan The subject parcel is guided LR Low Density Residential in the 2030 Comprehensive Plan. The applicant's request to remove vegetation and construct the proposed project on the property is consistent with the continued use as a single-family residential dwelling. Wetlands Permit The purpose of the Wetlands Systems Chapter of the Code is to (Title 12-2-1): page 101 1. Provide for protection, preservation, maintenance, and use wetlands/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. According to the information submitted by the applicant, Staff has determined the pool area and sport court will be set back approximately 40-60 feet from the edge of the stream. According to the applicant, an Ash, two Pin Oaks and numerous saplings, and various landscape plants and trees will be removed to accommodate the project. In addition, a boulder wall and ornamental fence will be constructed. The proposed improvements' distance from the stream and limited land disturbance within the 25 -foot non -disturb buffer area, satisfies the purpose and intent of the Code. STAFF RECOMMENDATION Staff recommends approval of the Wetlands Permit with the following conditions: 1. Building, fence, and grading permits are obtained from the City prior to construction. 2. Area between the proposed construction and the normal water level of the stream (minimum of 25 feet) is to remain undisturbed and naturally -vegetated. 3. Construction and restoration activity, to include re -vegetation of disturbed areas, shall 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 approval of the Wetlands Permit for vegetation removal and construction within the 100 - foot buffer area of a water resource -related area, based on the attached findings of fact, with conditions. 2. Recommend denial of the Wetlands Permit for vegetation removal and construction within the 100 - foot buffer area of a water resource -related area, based on a finding that the proposed improvements will have negative impacts on the existing water resource -related area and is therefore inconsistent with the Wetland Systems Chapter of the City Code. C/l:� 3. Table the request. MATERIALS INCLUDED FOR REVIEW 1. Site Photos 2. Aerial Site Map 3. Planning Applications, including supporting materials page 102 FINDINGS OF FACT FOR APPROVAL Wetlands Permit for Vegetation Removal and Construction 667 Ivy Falls Court The following Findings of Fact are made in support of approval of the proposed request: 1. The proposed project meets the purpose and intent of the Wetlands Systems Chapter of the City Code. 2. No existing vegetation within the required 25 -foot buffer area will be removed. 3. Adequate erosion control measures will be observed during construction. j•, � •rte , � r � � �.,�, : "� F �ry� Planning Case 2014-21 667 Ivy Falls Court July 22, 2014 City of Mendota o so ■►■■ � ■ Heights SCALE IN FEET -~rea �► f 675 1. def/a ae f--- 4�e� . i 667 P 661 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 107 1101 Victoria Curve I Mendota Heights. MN 55118 651.452.1850 phone 1 651.452.8940 fax �•n^wa.m ertdota-heights.con CITY OF MENDOTA HEIGHTS APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Property Address/Street Location: 6 6_7 �yyA41/50 044t M Fei U ASIS AW, Applicant Name: /0-M 6r1 -5t Phone: 1�5'y- 75J—O2Z_9 Applicant E -Mail Address: ` aon Applicant Mailing Address: 26 9-5 WaM kvw Property Owner Name: Wal I 4 14aPt' �jfe.)n Phone: Lel"154 154 -772-7- Property Owner Mailing Address: 567 11,114 F4111 �► Sfh �'' 55il� Legal Description & PIN of Property: (Comple a Legal from Title or Deed must be provided) L v.4 '2, d9- dt of f' KP, . (5 /.,t Type of Request: ❑ Rezoning ❑ Co itional Use Permit 13 Conditional Use Permit for PUD Ll Variance Wetlands Permit ❑ Preliminary/Final Plat Approval ❑ Subdivision Approval ❑ Critical Area Permit ❑ Comprehensive Plan Amendment ❑ Code Amendment ❑ Lot Split ❑ 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. Ad- Sianature of/ADWicant Date of Owner Signature of Owner (if more than one) Planning Application (modified 1/28/2014) Page 1 of 1 77 &V CITY OF MENDOTA HEIGHTS WETLANDS PERMIT REQUEST page 108 1101 Victoria Curve ( Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 faX www.m ert dota-heights.com Applications will be scheduled for consideration by the Office Use Only.- Planning nly:Planning Commission and/or City Council only after all required materials have been submitted. Application Case #: K - 2`1 submittal deadlines are available on the City's website Applicant: ` L^% d - or by contacting the City Planner. Late or incomplete applications will not be put on the agenda. Address: i�e ? l v y r—A h s CA APPLICATION REQUIREMENTS: 0 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�f /lowing materials must be submitted for the application to be considered complete: R 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 ji, * h may be required for you to complete your project. Rzeiterof mpleted Application Form (only original needs to be submitted). f�An Intent. ;'**YFull and adequate description of all phases of the operation and/or proposed physical es. /hang oil survey map of the proposed plat. X ®T graphic map of the area. Contour intervals shall be drawn at two (2) foot intervals. 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 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 applicable. ® Design specifications for all sediment and erosion control measures. Wetlands Permit Request (modified 12/6/2013) Page 1 of 1 C'E7 NI°ga U z zg� � 3 - g z F g 8 = / d $ 3 z � Fi gaz� N z zone41 Ian d s ca Pe s. ry is es inc. P.O. Box 25978 Woodbury, Minnesota 55125 651.734.1119 Proposed To: Stewart Residence 667 Ivy Falls Court Mendota Heights, MN 55118 Phone: 651-457-7727 Proposal page 110 Date Estimate Area 8/28/2014 Back Yard Qty Description Unit price Total Plant removal 1 White Ash 16" diameter 0.00 0.00 2 Pin Oak 10" diameter 0.00 0.00 1 Pin Oak 5" diameter 0.00 0.00 1 Maple 7" diameter 0.00 0.00 1 Dead Buckthorn 0.00 0.00 12 Volunteer Saplings 1" diameter or less 0.00 0.00 6 Arborvitae 7-8' (existing landscape) 0.00 0.00 4 Colorado Spruce 10-12' (existing landscape) 0.00 0.00 Plant list 1 Lilac 'Dwarf Korean' (Tree Form) 2" B&B 0.00 0.00 90 Assorted perennials 0.00 0.00 50 Ground cover'Sweet Woodruff 4"A0 tray 0.00 0.00 2 Ninebark'Center Glow' #10 pot Tree Form 0.00 0.00 1 Maple'Autumn Blaze' 3" B&B 0.00 0.00 6 Arborvitae 'Pyramidal' 8' B&B 0.00 0.00 6 Lilac'Miss Kim' #7 pot 0.00 0.00 1 Spruce 'Dwarf Blue Globe' #20 pot Tree Form 0.00 0.00 3 Creeping Phlox'Emerald Pink' #1 pot 0.00 0.00 7 Rose 'Knock Out' #3 pot 0.00 0.00 1 Crabtree 'Red Barron' 2" B&B 0.00 0.00 6 Juniper 'Compact Andorra'#5 pot 0.00 0.00 7 Boxwood 'Green Mountain' #7 pot 0.00 0.00 3 Spirea'Magic Carpet' #5 pot 0.00 0.00 3 Rhododendron 'Aglo' #2 pot 0.00 0.00 1 Lilac'Japanese Tree Lilac' 8' clump 0.00 0.00 3 Arborvitae'Techny' 8' B&B 0.00 0.00 1 Ninebark'Diablo' #5 pot 0.00 0.00 2 Spruce 'Dwarf Alberta' #7 pot Spiral 0.00 0.00 9 Boxwood 'Green Velvet' #10 pot (on site) 0.00 0.00 10 Hosta 0.00 0.00 All unit prices include installation Total $0.00 page 111 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 saidnewspaper, and was printed and published once each week, for 1 successive weeks; it was first published on SUNDAY , the 10 Tx day of AUGUST , 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 ijklmnopgrstuvwxyz Subscribed and sworn to before me on this 11TH day of AUGUST 0 14 .�1 Notary Public V. BY: Qla�,U TITLE LEGAL COORDINATOR *Alphabet should be in the same size and kind of type as the notice. 9MA Y "'M`� T'i?N`(i� RI. WH6TEHEAD RATE INFORMATION iVotary Public-6flinnesota �`. MyCommisslon •�,�;;. Expires Jan 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 112 page 113 Planning Case 2014-21 Public Hearing Notice Mailing List 273760006160 670 MAPLE PARK DR 270380017020 I ALLAN ] & AGNES K TS TAYLOR JAMES R & MARY M AUDETTE 273760005060 O 679 MAPLE PARK DR DANIEL & MARY RATHKE 273760006120 10 694 MAPLE PARK DR DANIEL C & JENNIFER TRAEGER 273760104030 0 1260 SYLVANDALE RD FRANCIS T STIFTER 273760104020 1236 SYLVANDALE RD GREGORY W & ERIN K MUNSON 273760006150 676 MAPLE PARK DR JOSEPH P HASDAY 273760101040 675 IVY FALLS CT LACHLAN & JULIENNE DUNLOP 273760101050 681 IVY FALLS CT LOUIS E NEWMAN 273760101020 M 661 IVY FALLS CT MARLA OSRIEN 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 = 241 feet verification. Dakota County assumes no legal responsibility for the information contained in this data. 7/31/2014 273760101010 271335000026 1205 SYLVANDALE RD 650 IVY FALLS AVE ANGELA L THORN BU RG JAMES R & MARY M AUDETTE 273760006130 273760101080 684 MAPLE PARK DR 1271 SYLVANDALE RD BETTY J LOMMEN JAY STEVEN JOHNSON 273760006180 273760101090 D 1165 SYLVANDALE RD 1255 SYLVANDALE RD CHARLES J & THERESE NOEL JENNIFER ANN RIDGE -WAY 273760101100 273760101070 1231 SYLVANDALE RD ® 678 IVY FALLS CI CHRISTOPHER E & JANE SIMMONS JOHN M & MARCELLA R ALTON 273760006100 273760101110 Q 1200 FALLS VIEW CT 672 IVY FALLS CT CURTIS J BUTE REVOCABLE TST JOHN M PETERSON 273760005060 O 679 MAPLE PARK DR DANIEL & MARY RATHKE 273760006120 10 694 MAPLE PARK DR DANIEL C & JENNIFER TRAEGER 273760104030 0 1260 SYLVANDALE RD FRANCIS T STIFTER 273760104020 1236 SYLVANDALE RD GREGORY W & ERIN K MUNSON 273760006150 676 MAPLE PARK DR JOSEPH P HASDAY 273760101040 675 IVY FALLS CT LACHLAN & JULIENNE DUNLOP 273760101050 681 IVY FALLS CT LOUIS E NEWMAN 273760101020 M 661 IVY FALLS CT MARLA OSRIEN 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 = 241 feet verification. Dakota County assumes no legal responsibility for the information contained in this data. 7/31/2014 Page 2 ■ WW page 114 271785000010 273760005050 642 MAPLE PARK DR 689 MAPLE PARK DR MARY A SCHUSTER SCOTT W JOHNSON 271335000031 273760006110 1200 SYLVANDALE RD 1198 FALLS VIEW CT MICHELLE O HANSEN STEVEN R & NATALIE B BROSHAR 273760006170 273760104010 664 MAPLE PARK DR 1220 SYLVANDALE RD PHILIP & GAYLE DALSETH STEVEN T NILSSON 273760101060 273760006140 682 IVY FALLS CT 680 MAPLE PARK DR RICHARD A TSTE & DIA SMOOKLER TIMOTHY ] LESLIE 273760005070 273760101030 669 MAPLE PARK DR 667 IVY FALLS CT ROSEANNE S BYRNE WILLIAM B & MARY K STEWART 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 = 241 feet verification. Dakota County assumes no legal responsibility for the information contained in this data. 7j31/2014 page 115 77 1101 Victoria Curve I Mendota H iqrn min » i5 651.452.1850 phone 1 651.452.8440 fax www.rrendota-heights.com CITY OF MENDDTA HEIGHTS DATE: September 2, 2014 TO: Mayor and City Council FROM: Justin Miller, City Administrator SUBJECT: Review of Draft Utility Franchise Agreements BACKGROUND Over the course of the 2015 budget process, the city has been discussing the possibility of adopting franchise fees on gas and electric utility bills paid in the city. In order for such fees to be applied, formal franchise agreements and franchise fee ordinances will need to be approved by the city council. If the council wishes to implement these fees starting at the beginning of 2015, Xcel Energy requires that they be approved by October 1St of this year so they can gain the appropriate approvals from the Public Utilities Commission. Noting that there are only two meetings in September before this October 1St deadline, staff is placing the proposed agreements and ordinances on this agenda simply for council review and comment. If there are any questions or concerns from the council, staff will then have time to consult with legal counsel and Xcel Energy and bring final documents to the September 16th city council meeting. It should be noted that this timeline would only be in effect if the council wishes to proceed with a franchise fee as part of the 2015 budget discussion. The attached agreements have been reviewed by staff and the city attorney and we are comfortable with them as presented. They formalize current practice and staff finds no areas of concern. BUDGET IMPACT The amount of revenue generated from any adopted franchise fee is dependent on the structure of the approved fee. It is anticipated that the council will identify what fee (if any) will be adopted as part of the 2015 budget process. RECOMMENDATION No formal action is required at this time. Staff will be looking for comments or questions and will bring back a formal request for action on September 16th if the council wishes to proceed. page 116 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, 5th 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 117 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 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. 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 118 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 119 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 120 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 121 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 122 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 Agt�lica�bili1y. 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 123 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 124 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, 5th 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 125 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 126 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 127 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 128 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 129 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 130 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 Agt�lica�bili1y. 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 131 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 Comas franchise granted to Company or its predecessor. Passed and approved: , 2014. Attest: City Clerk Date Published: Mayor page 132 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 133 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: 52014. Attest: City Ckrk SEAL Mayor SCHEDULE A Franchise Fee Rates: Electric Utility page 134 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 135 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 , 2013 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 136 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: 52014. Attest: City Ckrk SEAL SCHEDULE A Franchise Fee Rates: Comas Utility Mayor page 137 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 138 1101 Victoria Curve I Mendota Heigh 7c' 651.452.1850 phone 1 651.452.8940 fax www.rrendota-heights.com , CITY OF rn MENDDTA HEIGHTS DATE: September 2, 2014 TO: Mayor, City Council and City Administrator FROM: Kristen Schabacker, Finance Director SUBJECT: 2014 Bond Issue and Refunding BACKGROUND The city has ordered the Victoria Road and Rolling Green Neighborhood improvement projects to be completed this construction season. Tonight we will begin the process to issue bonds to finance these projects. I have contacted Ehlers & Associates to assist us with the issuance of these bonds. The schedule is as follows: Pre -Sale Review by Council Distribute Official Statement Conference with Rating Agency Award Sale of Bonds Estimated Closing Date September 2, 2014 Week of September 25th, 2014 Week of September 29th, 2014 October 7, 2014 November 5, 2014 Ehlers has prepared a Pre -Sale report that is attached for your review. We will be issuing $1,050,000 General Obligation Improvement Bonds for these street projects with a term of 20 years. The 2007 Improvement Bonds are eligible to be called and refunded. By refunding these bonds the city will save approximately $151,400 in interest over the remaining 13 years of the bonds. Ehlers has prepared a Pre -Sale report for this issue. We will be issuing $900,000 for the refunding of these bonds. It will follow the same schedule listed above. BUDGET IMPACT The bonds will be paid with a combination of special assessments and an amount levied each year for the annual bond payments. RECOMMENDATION I recommend that council pass a motion to adopt Resolution 2014- "RESOLUTION PROVIDING FOR THE SALE OF $1,050,000 G.O. IMPROVEMENT BONDS, SERIES 2014A and RESOLUTION PROVIDING FOR THE SALE OF $900,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2014B." page 139 Ift EHLERS LEADERS IN PUBLIC FINANCE September 2, 2014 Pre -Sale Report City of Mendota Heights, Minnesota $1,050,000 General Obligation Improvement Bonds, Series 2014A Prepared by: Stacie Kvilvang Senior Financial Advisor And Nick Anhut Financial Advisor 1-800-552-1171 1 www.ehiers-inc.com page 140 Executive Summary of Proposed Debt Proposed Issue: $1,050,000 General Obligation Improvement Bonds, Series 2014A Purposes: The proposed issue includes financing for the following projects: • Victoria Road & Rolling Green Neighborhood Improvements - Debt service will be paid from special assessments and tax levy. It is the intent of the City to levy the special assessments in the amount of approximately $257,950 for the street rehabilitation portion of the project to benefiting property owners in 2015 for collection in years 2016 through 2025 at a rate of 6% (10 years). The City anticipates receiving approximately $128,975 (50%) in prepayments on the special assessments from the project this fall. The City will also levy special assessments in the amount of approximately $143,200 for the street reconstruction portion of the project to benefiting property owners in 2015 for collection in years 2016 through 2034 at a rate of 6% (19 years). The City anticipates receiving approximately $35,800 (25%) in prepayments on the special assessments from this portion of the project this fall. The issue size has been reduced by the aforementioned prepayment amounts. In addition, the City anticipates utilizing approximately $500,000 in MSA funds and $497,900 from its utility funds for the improvements. Remaining debt service will be paid from a tax levy, which will not be required until 2016 (we have capitalized interest in the amount of approximately $27,000 to offset any levy requirement for 2015). Authority: The Bonds are being issued pursuant to Minnesota Statutes, Chapters 429 and 475. Because the City is assessing at least 20% of the project costs, the Bonds can be a general obligation without a referendum and will not count against the City's debt limit. The Bonds will be general obligations of the City for which its full faith, credit and taxing powers are pledged. Term/Call Feature: The Bonds are being issued for a 20 year term. Principal on the Bonds will be due on February 1 in the years 2017 through 2035. Interest is payable every six months beginning August 1, 2015. The Bonds maturing on and after February 1, 2024 will be subject to prepayment at the discretion of the City on February 1, 2023 or any date thereafter. Bank Qualification: Because the City is issuing less than $10,000,000 in the calendar year, the City will be able to designate the Bonds as "bank qualified" obligations. Bank qualified status broadens the market for the Bonds, which can result in lower interest rates. page 141 Rating: The City's most recent bond issues were rated AAA by Standard & Poor's. The City will request a new rating for the Bonds. Basis for Recommendation: Based on our knowledge of your situation, your objectives communicated to us, our advisory relationship as well as characteristics of various municipal financing options, we are recommending the issuance of general obligation bonds as a suitable financing option for the following reasons: - This is a viable option available to finance this type of project under state law. - This is the most overall cost effective option that still maintains future flexibility for the repayment of debt. - This coincides with the City's past practices to finance these types of projects with this type of debt issue Method of Sale/Placement: In order to obtain the lowest interest cost to the City, we will solicit competitive bids for purchase of the Bonds from local banks in your area and regional underwriters. We have included an allowance for discount bidding equal to 1.3% of the principal amount of the issue. The discount is treated as an interest item and provides the underwriter with all or a portion of their compensation in the transaction. If the Bonds are purchased at a price greater than the minimum bid amount (maximum discount), the unused allowance may be used to lower your borrowing amount. Premium Bids: Under current market conditions, most investors in municipal bonds prefer "premium" pricing structures. A premium is achieved when the coupon for any maturity (the interest rate paid by the issuer) exceeds the yield to the investor, resulting in a price paid that is greater than the face value of the bonds. The sum of the amounts paid in excess of face value is considered "reoffering premium." The amount of the premium varies, but it is not uncommon to see premiums for new issues in the range of 2.00% to 10.00% of the face amount of the issue. This means that an issuer with a $2,000,000 offering may receive bids that result in proceeds of $2,040,000 to $2,200,000. For this issue of Bonds we have been directed to use the premium to reduce the size of the issue or increase the net proceeds for the project. The adjustments may slightly change the true interest cost of the original bid, either up or down. You have the choice to limit the amount of premium in the bid specifications. This may result in fewer bids, but it may also eliminate large adjustments on the day of sale and other uncertainties. Review of Existing Debt: We have reviewed all outstanding indebtedness for the City and find that, aside from the 2007B Bonds proposed to be refunded, there are no refunding opportunities at this time. page 142 This presale report summarizes our understanding of the City's objectives for the structure and terms of this financing as of this date. As additional facts become known or capital markets conditions change, we may need to modify the structure and/or terms of this financing to achieve results consistent with the City's objectives. We will continue to monitor the market and the call dates for the City's outstanding debt and will alert you to any future refunding opportunities. Continuing Disclosure: Because the City has more than $10,000,000 in outstanding debt (including this issue) and this issue is over $1,000,000, the City will be agreeing to provide certain updated Annual Financial Information and its Audited Financial Statement annually as well as providing notices of the occurrence of certain "material events" to the Municipal Securities Rulemaking Board (the "MSRB"), as required by rules of the Securities and Exchange Commission (SEC). The City is already obligated to provide such reports for its existing bonds, and has contracted with Ehlers to prepare and file the reports. Arbitrage Monitoring: Because the Bonds are tax-exempt securities/tax credit securities, the City must ensure compliance with certain Internal Revenue Service (IRS) rules throughout the life of the issue. These rules apply to all gross proceeds of the issue, including initial bond proceeds and investment earnings in construction, escrow, debt service, and any reserve funds. How issuers spend bond proceeds and how they track interest earnings on funds (arbitrage/yield restriction compliance) are common subjects of IRS inquiries. Your specific responsibilities will be detailed in the Nonarbitrage Certificate prepared by your Bond Attorney and provided at closing. You have retained Ehlers to assist you with compliance with these rules. Risk Factors: Special Assessments: If significant amounts of prepayments of special assessments are received (above what has been anticipated), the levy may need to be increased in future years because the City's investment earnings on additional prepayments will likely be less than 6%. This presale report summarizes our understanding of the City's objectives for the structure and terms of this financing as of this date. As additional facts become known or capital markets conditions change, we may need to modify the structure and/or terms of this financing to achieve results consistent with the City's objectives. page 143 Proposed Debt Issuance Schedule Pre -Sale Review by City Council September 2, 2014 Distribute Official Statement: Week of September 25, 2014 Conference with Rating Agency: Week of September 29, 2014 City Council Meeting to Award Sale of the Bonds: October 7, 2014 Estimated Closing Date: November 5, 2014 Attachments Sources and Uses of Funds Proposed Debt Service Schedule Resolution Authorizing Ehlers to Proceed With Bond Sale Ehlers Contacts Financial Advisors: Disclosure Coordinator: Financial Analyst: Stacie Kvilvang Nick Anhut Pia Troy Alicia Gage (651)697-8506 (651)697-8507 (651)697-8556 (651)697-8551 The Official Statement for this financing will be mailed to the City Council at their home address or e-mailed for review prior to the sale date. page 144 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2014-51 RESOLUTION PROVIDING FOR THE SALE OF $1,050,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2014A WHEREAS, the City Council of the City of Mendota Heights, Minnesota has heretofore determined that it is necessary and expedient to issue the City's $1,050,000 General Obligation Improvement Bonds, Series 2014A (the "Bonds"), to finance street reconstruction and rehabilitation projects in the City; and WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"), as its independent financial advisor for the Bonds and is therefore authorized to solicit proposals in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. Authorization, Findings. The City Council hereby authorizes Ehlers to solicit proposals for the sale of the Bonds. 2. Meeting: Proposal Opening. The City Council shall meet at 7:00 p.m. on October 7, 2014, for the purpose of considering sealed proposals for and awarding the sale of the Bonds. 3. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. Adopted by the City Council of the City of Mendota Heights this second day of September, 2014. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST: Lorri Smith, City Clerk page 145 Ift EHLERS LEADERS IN PUBLIC FINANCE September 2, 2014 Pre -Sale Report City of Mendota Heights, Minnesota $900,000 General Obligation Refunding Bonds, Series 2014B Prepared by: Stacie Kvilvang Senior Financial Advisor And Nick Anhut Financial Advisor 1-800-552-1171 1 www.ehiers-inc.com page 146 Executive Summary of Proposed Debt Proposed Issue: $900,000 General Obligation Refunding Bonds, Series 2014B Purposes: The proposed issue to finance a current refunding of the City's 2007B General Obligation Improvement Bonds. The issue size has been reduced by approximately $160,000 from prepaid special assessments. Interest rates on the obligations to be refunded are 4.00% to 4.15°/x. The refunding is expected to reduce interest expense by approximately $151,400 over the remaining 13 years. The Net Present Value Benefit of the refunding is estimated to be approximately $238,000, or 20.913% of the refunded debt service. Debt service will continue to be paid from special assessments and tax levy. This financing is considered to be a current refunding as the bond being refunded is callable (pre -payable) on February 1, 2015, which is within 90 days of the issuance date of the new Bonds. Authority: The Bond is being issued pursuant to Minnesota Statutes, Chapter 475 and will be a general obligation of the City for which its full faith, credit and taxing powers are pledged. Term/Call Feature: The Bond is being issued for a 13 year term, which is the remaining term on the existing obligation. Principal on the Bond will be due on February 1 in the years 2016 through 2027. Interest is payable every six months beginning August 1, 2015. The Bonds maturing on and after February 1, 2023 will be subject to prepayment at the discretion of the City on February 1, 2022 or any date thereafter. Bank Qualification: Because the City is issuing less than $10,000,000 in the calendar year, the City will be able to designate the Bond as "bank qualified" obligations. Bank qualified status broadens the market for the Bonds, which can result in lower interest rates. Rating: The City's most recent bond issues were rated AAA by Standard & Poor's. The City will request a new rating for the Bond. page 147 Basis for Recommendation: Based on our knowledge of your situation, your objectives communicated to us, our advisory relationship as well as characteristics of various municipal financing options, we are recommending the issuance of general obligation bonds as a suitable financing option for the following reasons: This is a viable option available to refinance this type of project under State law. This is the most overall cost effective refinancing option for interest savings. - This maintains the security and terms of the original debt issue. page 148 Method of Sale/Placement: hi order to obtain the lowest interest cost to the City, we will solicit competitive bids for purchase of the Bonds from local banks in your area and regional underwriters. We have included an allowance for discount bidding equal to 1.0% of the principal amount of the issue. The discount is treated as an interest item and provides the underwriter with all or a portion of their compensation in the transaction. If the Bonds are purchased at a price greater than the minimum bid amount (maximum discount), the unused allowance may be used to lower your borrowing amount. Premium Bids: Under current market conditions, most investors in municipal bonds prefer "premium" pricing structures. A premium is achieved when the coupon for any maturity (the interest rate paid by the issuer) exceeds the yield to the investor, resulting in a price paid that is greater than the face value of the bonds. The sum of the amounts paid in excess of face value is considered "reoffering premium." The amount of the premium varies, but it is not uncommon to see premiums for new issues in the range of 2.00% to 10.00% of the face amount of the issue. This means that an issuer with a $2,000,000 offering may receive bids that result in proceeds of $2,040,000 to $2,200,000. For this issue of Bonds we will use the premium to reduce the size of the issue. The adjustments may slightly change the true interest cost of the original bid, either up or down. You have the choice to limit the amount of premium in the bid specifications. This may result in fewer bids, but it may also eliminate large adjustments on the day of sale and other uncertainties. Review of Existing Debt: We have reviewed all outstanding indebtedness for the City and find that there are no other refunding opportunities at this time. We will continue to monitor the market and the call dates for the City's outstanding debt and will alert you to any future refunding opportunities. Continuing Disclosure: Because the City has more than $10,000,000 in outstanding debt (including this issue) and this issue is over $1,000,000, the City will be agreeing to provide certain updated Annual Financial Information and its Audited Financial Statement annually as well as providing notices of the occurrence of certain "material events" to the Municipal Securities Rulemaking Board (the "MSRB"), as required by rules of the Securities and Exchange Commission (SEC). The City is already obligated to provide such reports for its existing bonds, and has contracted with Ehlers to prepare and file the reports. page 149 Arbitrage Monitoring: Because the Bonds are tax-exempt securities/tax credit securities, the City must ensure compliance with certain Internal Revenue Service (IRS) rules throughout the life of the issue. These rules apply to all gross proceeds of the issue, including initial bond proceeds and investment earnings in construction, escrow, debt service, and any reserve funds. How issuers spend bond proceeds and how they track interest earnings on funds (arbitrage/yield restriction compliance) are common subjects of IRS inquiries. Your specific responsibilities will be detailed in the Nonarbitrage Certificate prepared by your Bond Attorney and provided at closing. You have retained Ehlers to assist you with compliance with these rules. Risk Factors: Current Refunding: The Bond is being issued for the purpose of a current refunding of prior City debt obligations. This prior debt obligation is "callable" now and can therefore be paid off within 90 days or less. The new Bond will not be pre -payable until February 1, 2022. This refunding is being undertaken based in part on an assumption that the City does not expect to have future revenues to pay off this debt and that market conditions warrant the refinancing at this time. This presale report summarizes our understanding of the City's objectives for the structure and terms of this financing as of this date. As additional facts become known or capital markets conditions change, we may need to modify the structure and/or terms of this financing to achieve results consistent with the City's objectives. page 150 Proposed Debt Issuance Schedule Pre -Sale Review by City Council September 2, 2014 Distribute Official Statement: Week of September 25, 2014 Conference with Rating Agency: Week of September 29, 2014 City Council Meeting to Award Sale of the Bonds: October 7, 2014 Estimated Closing Date: November 5, 2014 Attachments Sources and Uses of Funds Proposed Debt Service Schedule Resolution Authorizing Ehlers to Proceed With Bond Sale Ehlers Contacts Financial Advisors: Disclosure Coordinator: Financial Analyst: Stacie Kvilvang Nick Anhut Pia Troy Alicia Gage (651)697-8506 (651)697-8507 (651)697-8556 (651)697-8551 The Official Statement for this financing will be mailed to the City Council at their home address or e-mailed for review prior to the sale date. page 151 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2014-52 RESOLUTION PROVIDING FOR THE SALE OF $900,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2014B WHEREAS, the City Council of the City of Mendota Heights, Minnesota has heretofore determined that it is necessary and expedient to issue the City's $900,000 General Obligation Refunding Bonds, Series 2014B (the "Bonds"), to finance a current refunding of the 2016 to 2027 maturities of the City's $1,595,000 General Obligation Improvement Bonds, Series 200713; and WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"), as its independent financial advisor for the Bonds and is therefore authorized to solicit proposals in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. Authorization: Findings. The City Council hereby authorizes Ehlers to solicit proposals for the sale of the Bonds. 2. Meeting, Proposal Opening. The City Council shall meet at 7:00 p.m. on October 7, 2014, for the purpose of considering sealed proposals for and awarding the sale of the Bonds. 3. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. Adopted by the City Council of the City of Mendota Heights this second day of September, 2014. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST: Lorri Smith, City Clerk