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2015-01-06 Council PacketCITY OF MENDOTA HEIGHTS ,,_�� . CITY COUNCIL AGENDA January 6, 2015 — 7:00 pm 1 Mendota Heights City Hall 1. Call to Order 2. Oath of Office — Mayor Sandra Krebsbach and Councilmembers Ultan Duggan and Liz Petschel 3. Roll Call 4. Pledge of Allegiance 5. Adopt Agenda 6. Consent Agenda a. Approval of December 16, 2014 City Council Minutes b. Acknowledgement of December 13, 2014 Planning Commission Minutes c. Designation of Official Newspaper d. Approval of Resolution 2015-01, Approval of 2015 Fee Schedule e. Approval of Resolution 2015-06, and 2015-07, Financial Administrative Items f. Approval of Personnel Action Report g. Approval of Open -to -Business Joint Powers Agreement Renewal h. Approval of Dakota County Drug Task Force (DCDTF) Joint Powers Agreement Renewal i. Approval of Jana King Contract j. Appointment of Representative to Dakota County Domestic Preparedness Committee k. Approval of Resolution 2015-08, Ice Arena Joint Powers Agreement I. Approval of Resolution 2015-04, Acknowledging Gift from Larry Richter and Ilse DeWolf-Richter m. Approve Purchase of Vehicle n. Approval of Resolution 2015-09, Final Payment for Hunter & Orchard Neighborhood Improvements o. Approval of Change Order for Sibley Memorial Highway Trail Rehabilitation Project p. Approval of Amendment to Lease at 1196 Northland Drive q. Approval of Claims List 7. Public Comments 8. New and Unfinished Business a. Designation of 2015 Acting Mayor b. Appointments to Outside Commissions c. Resolution 2015-05, Declaration of Hazardous Structure at 595 Highway 110 d. Resolution 2015-03, Redevelopment Planning Grant and Interim Ordinance 472 Industrial District Moratorium e. Planning Case 2014-36, Comprehensive Plan Amendment and Rezoning Request at 2511 and 2525 Condon Court, Resolution 2015-02 and Ordinance 470 9. Community Announcements 10. Council Comments 11. Adjourn page 2 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, December 16, 2014 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Krebsbach called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Duggan, Povolny, and Petschel. Absent: Councilmember 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 Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1(Norton) 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 d) Appointment of Interim City Administrator and s) Approval of Resolutions 2014-85 and 2014-86 Certifying Delinquent Sewer and Weed Cutting Charges to Dakota County. a. Approval of December 2, 2014 City Council Minutes b. Acknowledgement of December 9, 2014 Park and Recreation Commission Minutes c. Approval of City Labor Attorney Designation d. Appointment of Interim City Administrator page 3 e. Appointment of Probationary Firefighters f. Approval of Personnel Action Report g. Approval of Extension to Consultant Planner Services Contract h. Approval of IT Server Purchase i. Approval of Resolution 2014-84, 2015 Employee Pay Classification Plan j. Approval of City Hall HVAC Control System Replacement k. Approval of November 2014 Par 3 Report 1. Receipt of November 2014 Fire Department Synopsis Report m. Approval of Tobacco License Renewals (Mayor Krebsbach noted that there were no violations or reasons that these should not be approved) n. Approval of On -Sale Wine and 3.2% Malt Liquor Licenses, King and I Thai, LLC o. Receipt of November 2014 Building Activity Report p. Accept Resignation of Firefighter Barry Sommervold q. Approval of Contract for Fire Department Space Needs Study r. Approval of Purchase Order for City Hall Office Renovations s. Approval of Resolutions 2014-85 and 2014-86 Certifying Delinquent Sewer and Weed Cutting Charges to Dakota County t. Approval of November Treasurer's Report u. Approval of Claims List v. Approval of Contractors List Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1(Norton) PULLED CONSENT AGENDA ITEM A) APPOINTMENT OF INTERIM CITY ADMINISTRATOR Mayor Krebsbach noted that City Administrator Justin Miller has taken a position with the City of Lakeville. Council members stated their appreciation for his three years of dedicated and competent service. Administrator Miller reinforced the recommendation made by City Council by naming Assistant to the City Administrator Tamara Schutta as Interim City Administrator. Ms. Schutta has been with the City for over three years and has taken on more and more responsibilities during that time. He expressed his confidence that she would be able to fill in during the interim period, effective December 27, 2014 until the position is filled. Councilmember Duggan moved to appoint Tamara Schutta as Interim City Administrator effective December 27, 2014. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1(Norton) page 4 S) APPROVAL OF RESOLUTIONS 2014-85 AND 2014-86 CERTIFYING DELINQUENT SEWER AND WEED CUTTING CHARGES TO DAKOTA COUNTY Mayor Krebsbach questioned how the rate of 7% interest was determined for these charges. City Administrator Justin Miller replied that this has been standard practice in the past and is in the City Ordinance as well. Councilmember Povolny moved to adopt RESOLUTIONS 2014-85 AND 2014-86 CERTIFYING DELINQUENT SEWER AND WEED CUTTING CHARGES TO DAKOTA COUNTY. Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 Absent: 1(Norton) PRESENTATIONS A) SERGEANT SWEARING IN CEREMONY Chief of Police Michael Aschenbrener announced the promotion of Officer Peyton Fleming and Officer Tanner Spicer to the position of Sergeant. Each officer recited the Code of Ethics before being sworn in by Mayor Krebsbach. B) RIVER TO RIVER GREENWAY TRAIL UPDATE Planner Nolan Wall presented the River to River Greenway Trail (formally known as NURT (North Urban Regional Trail)) Master Plan process. This is an 8 -mile trail that would use existing and newly constructed trail sections through Lilydale, Mendota Heights, West St. Paul, and South St. Paul. The Dakota County vision is to establish a countywide system of interconnected greenways that would provide recreation, non -motorized transportation infrastructure, ecologically functioning habitat, and improved water quality. Dakota County's 2030 master plan includes the Mendota -Lebanon Greenway, Rosemount Greenway, Vermillion Highlands Greenway, North Creek Greenway, Lake Marion Greenway, Minnesota River Greenway, and the River to River Greenway. The master planning process for the Mendota Lebanon Greenway was completed in 2013. Dakota County, along with a planning consultant, will be working on developing the Greenway Master Plan. Part of that contract includes community engagement. A couple of stakeholder events have been held and a number of ideas have been received for implementation in the future. City staff is participating as part of the technical advisory group. The ultimate goal of the planning process would be to have the Regional Greenway designation. The master plan purpose and outcomes are guidance for greenway development, Met Council designation as a regional trail/greenway, NURT alignment established — bring it up to greenway page 5 standards, and grade separated crossings analysis and cost estimates. The northwest quadrant of Highway 110 & Dodd Road has been identified as a potential grade separated crossing location. The master plan would also provide safety improvements, and include lighting and trail re -grading in some areas, trail width recommendations, natural resources integration, and cultural resources interpretation. Planner Wall shared maps of planned and proposed trail locations. The next step for the project includes finalizing the master plan by March 2015. Councilmembers asked questions regarding the status of the trail in the Henry Sibley High School area, parking along Warrior Drive, trail maintenance responsibility, and how Mendota Plaza fits into the plan. PUBLIC COMMENTS There were no public comments. NEW AND UNFINISHED BUSINESS There was no new or unfinished business. COMMUNITY ANNOUNCEMENTS Assistant to the City Administrator Tamara Schutta made the following announcements: • City Hall is a collection site for Toys for Tots. Toys will be received until December 18th • Residents can recycle unusable holiday lights at City Hall through January 30, 2015. • Applications are being received for open positions on City Commissions which include one opening on the Planning Commission, one opening on the Airport Commission, and one youth representative position on the Parks and Recreation Commission. Letters of interest and resumes are due by Monday, December 29, 2014. • City Hall will be closed on Wednesday, December 24 and Thursday, December 25. COUNCIL COMMENTS Councilmember Petschel noted that the Par 3 ended their season with a profit of approximately $11,000 and she commended Recreation Program Coordinator Sloan Wallgren on an excellent job. She also commented that City Administrator Justin Miller would be missed and stated that he was a wonderful administrator, consummate professional, incredibly ethical, and unflappable. Councilmember Petschel is very proud of the sergeant appointments that were made. She wished everyone a happy holiday season. page 6 Councilmember Povolny expressed his appreciation to City Administrator Justin Miller and wished everyone a happy and safe holiday. Councilmember Duggan complimented Chief of Police Michael Aschenbrener for the great job he has done in being able to draw six potential officers for the position of sergeant and his leadership example. He also expressed his appreciation to City Administrator Miller and called his tenure with the City as "seamless". He asked how many applications have been received to fill the position. Administrator Miller replied that twenty-seven applications have been received. Councilmember Duggan wished everyone a Happy Holiday and a safe and Happy New Year. Mayor Krebsbach acknowledged fellow West St. Paul Mayor Zanmiller, who had his last meeting on December 15, 2014, for his work on refurbishing the ice arena as it made a major change in the community. She also expressed her appreciation to City Administrator Miller for working with School District 197, as it is one of his many accomplishments, along with developments in our Industrial Park. She wished everyone a safe holiday and commended the Police Department, especially the two officers who were promoted to sergeant, and looks forward to the third promotion in the spring. ADJOURN Councilmember Duggan moved to adjourn. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1(Norton) Mayor Krebsbach adjourned the meeting at 7:47 p.m. Sandra Krebsbach Mayor ATTEST: Lorri Smith City Clerk page 7 1 CITY OF MENDOTA HEIGHTS 2 DAKOTA COUNTY, MINNESOTA 3 4 PLANNING COMMIS SON MINUTES 5 December 23, 2014 6 7 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, 8 December 23, 2014, in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. 9 10 The following Commissioners were present: Chair Litton Field, Jr., Commissioners Howard 11 Roston, Doug Hennes, and Mary Magnuson. Those absent: Commissioners Michael Noonan and 12 Ansis Viksnins Others present were City Planner Nolan Wall and Public Works Director/City 13 Engineer John Mazzitello. 14 15 Approval of Agenda 16 17 The agenda was approved as submitted. 18 19 Approval of November 25, 2014 Minutes 20 21 COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER MAGNUSON TO 22 APPROVE THE MINUTES OF NOVEMBER 25, 2014, AS PRESENTED. 23 AYES:4 24 NAYS:0 25 ABSENT:2 26 27 Hearings 28 29 PLANNING CASE #2014-36 30 Dick Bjorklund Properties, LLC, 2511 and 2525 Condon Court 31 Comprehensive Plan Amendment and Rezoning 32 33 City Planner Nolan Wall explained that the applicant requested a comprehensive plan amendment 34 and rezoning of the properties at 2511 and 2525 Condon Court. The subject parcels are collectively 35 1.26 acres and contain two single-family dwellings, both of which are zoned R-1 Residential and 36 guided for Limited Business PUD Development in the Comprehensive Plan. The applicant has 37 also submitted a concept development plan as part of the application. Approval of the 38 comprehensive plan amendment and the rezoning requests would allow the applicant to further 39 pursue the project, which would require another planning application process. 40 41 Planner Wall then shared an image of the properties and noted that the property at 2535 Condon 42 Court is not a part of this application and is not a property that is owned by the applicant. He then 43 shared the context of the areas surrounding the subject parcels. The request would be to amend the 44 future land use designation for these two specific parcels in the application to Medium Density 45 Residential (MR). As part of this request, the determination should be made that the proposed used 46 is compatible with the existing and future land uses that abut the area. Planner Wall also noted that page 8 47 comprehensive plan amendments require a four-fifths affirmation by the City Council and 48 ultimately Metropolitan Council approval as well. 49 50 The Metropolitan Council classifies this specific amendment as a minor amendment; therefore, it 51 does not require the adjacent review provisions that most other amendments may require so 52 jurisdiction review and comment was not required. However, because of its proximity to the City 53 of Eagan it was sent to them for review and they had no comments. 54 55 There is Limited Business -PUD (LB -PUD) in the area and, according to the Comprehensive Plan 56 that would include daytime office uses. That specific land use designation corresponds to the B- 57 1, B -1A, and B-2 zoning districts. The Medium Density Residential future land use designation 58 does provide for townhome and attached housing development, and that would correspond to the 59 R-2 and the MR -PUD zoning districts of the City Code. 60 61 Specific to the rezoning request, these two properties are zoned R-1 which is the designation as 62 well as the Visitation School property and the single-family residential to the east across Dodd 63 Road and then to the north; which is consistent with the properties on the other side of the 64 Visitation campus. The applicant requested to rezone these two parcels from R-1 (current 65 designation) to the R-2 Medium Density Residential District. The remaining parcel on Condon 66 Court is zoned B-1 Limited Business and is used as a single-family home (residential treatment 67 program), in compliance with the Code requirements. The rezoning is then necessary to eventually 68 construct the proposed concept development plan, which would be allowed in the R-2 zoning 69 district. 70 71 Planner Wall noted that the consideration of a rezoning request is reviewed as to its conformance 72 with the Comprehensive Plan. In this case, the corresponding zoning districts for the current 73 Limited Business -PUD future land use designation are not consistent with the current zoning of 74 the subject parcels. However, the proposed R-2 District is consistent with the proposed Medium 75 Density Residential (MR) future land use designation. 76 77 If this application were approved, the applicants would then proceed with their plans to gain 78 approval to subdivide the two subject parcels into five lots. Planner Wall shared an image of the 79 proposed five lots. The applicants propose to construct two 2 -unit townhomes and a new single - 80 family dwelling. It would also include an extension of water and sewer utilities to the site at the 81 applicant's cost. Although this plan is not under consideration at this time, Planner Wall noted that 82 proposed lots 3 and 4 would not comply with the minimum lot size standards for the R-2 District. 83 The applicant is aware of this and has been in discussion with MnDOT to potentially acquire some 84 additional property from their right-of-way to enable them to comply with the minimum lot size 85 requirements. Planner Wall also shared images of the proposed elevation. 86 87 Staff recommended approval of both requests with conditions. 88 89 Chair Field also noted that the Commission and Planner Wall received communication from a 90 neighboring property owner that were more related to the next steps of the potential project in 91 relation to some potential construction impacts as well as landscaping and grading concerns. Staff 92 assured them that there would be an additional process if the City Council and the Metropolitan page 9 93 Council ultimately approved this. If and when the applicant comes back for a subdivision 94 application, at that point in time those comments would be more relevant for consideration. 95 96 Commissioners asked for clarification on which properties were and were not under consideration, 97 the uniqueness of having two different zoning districts on one cul-de-sac with only one 98 ingress/egress point, and the MnDOT right-of-way. 99 100 Dick Bjorklund came forward to answer questions from the Commissioners regarding the history 101 of the properties and the surrounding area. 102 103 Chair Field opened the public hearing. 104 105 See no one coming forward, Chair Field asked for a motion to close the public hearing. 106 107 COMMISSIONER HENNES MOVED, SECONDED BY COMMISSIONER MAGNUSON, TO 108 CLOSE THE PUBLIC HEARING. 109 AYES:4 110 NAYS: 0 111 ABSENT:2 112 113 COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER MAGNUSON, 114 TO RECOMMEND APPROVAL OF THE COMPREHENSIVE PLAN AMENDMENT, 115 SUBJECT TO REVIEW AND APPROVAL BY THE METROPOLITAN COUNCIL, AND 116 ORDINANCE 470, BASED ON THE FOLLOWING FINDINGS OF FACT: 117 1. Limited business development in this area, in compliance with the goals and policies of the 118 City's 2030 Comprehensive Plan, is unlikely at this time due to access, visibility, 119 infrastructure, and market constraints. 120 2. The proposed future land use designation is consistent with the surrounding existing and 121 planned land uses. 122 3. The existing zoning and land use on the subject parcels are not consistent with the current 123 future land use designation. 124 4. The required rezoning, in order to consider the proposed concept development plan, 125 provides for increased residential density in the area and is consistent with the surrounding 126 zoning districts. 127 AND WITH THE FOLLOWING CONDITIONS: 128 1. The proposed comprehensive plan amendment is approved by the Metropolitan Council. 129 2. The applicant submits the necessary complete applications in consideration of the 130 proposed concept development plan within twelve (12) months of receiving approval 131 from the Metropolitan Council. 132 3. If the deadline is not met, the current future land use designation and existing zoning for 133 the subject parcels may remain in place. 134 AYES:4 135 NAYS:0 136 ABSENT:2 137 Chair Field advised the City Council would consider this application at its January 6, 2015 138 meeting. page 10 139 140 PLANNING CASE #2014-37 141 City of Mendota Heights 142 Proposed amendments to the Wetlands System Chapter of the City Code 143 144 City Planner Nolan Wall explained that this is a city -initiated application for proposed amendments 145 to the Wetlands System Chapter of the City Code, which concerns expansion of the eligible 146 projects for administrative approval. Due to the absence of two commissioners and the fact that it 147 is a city -initiated application and there is no rush to move forward, staff requested an action to 148 table this application until the next Planning Commission meeting. 149 150 COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER MAGNUSON, TO 151 TABLE PLANNING CASE #2014-37, PROPOSED AMENDMENTS TO THE WETLANDS 152 SYSTEM CHAPTER OF THE CITY CODE, TO THE JANUARY 27, 2015 PLANNING 153 COMMISSION MEETING. 154 AYES:4 155 NAYS:0 156 ABSENT:2 157 158 2015 Planning Commission Meeting Calendar 159 160 Planner Wall outlined the potential dates for the 2015 Planning Commission meetings and 161 requested feedback as to any potential conflicts from the Commissioners. 162 163 There were no objections from the Commissioners present; however, this calendar will be brought 164 back to the next Planning Commission meeting for finalization. 165 166 Verbal Review 167 168 Planner Wall gave the following verbal review: 169 170 PLANNING CASE #2014-33 171 T -Mobile, 1850 Eagle Ridge Drive 172 Conditional Use Permit for Upgrades to Cellular Equipment 173 • Approved by City Council as recommended by the Planning Commission 174 175 PLANNING CASE #2014-34 176 Glenn Petersen, 2361 Field Stone Ct and 580 Waters Edge Terrace 177 Wetlands Permit to Construction of Fence 178 • Approved by City Council as recommended by the Planning Commission 179 180 PLANNING CASE #2014-35 181 Matthew and Mary Paquette 182 Proposed Code Amendment to Allow Chickens in Residential Zoning Districts 183 • Denied by City Council as recommended by the Planning Commission 184 page 11 185 PLANNING CASE #2014-31 186 2270 Wagon Wheel Court 187 Lot Split and Lot Width Variance Request 188 • After being tabled twice by the applicant, they have subsequently withdrawn their 189 application. However, they plan to submit a new subdivision application as they and the 190 surrounding property owner have reached an agreement for additional acquisition of 191 property, which made the proposed variance part of the request null and void. 192 193 Staff Announcements 194 195 • The deadline to submit a resume and the letter of interest for the vacancies on the City 196 Commissions is Monday, December 29; send to HR Coordinator/Interim City 197 Administrator Tamara Schutta at City Hall (Planning Commission, Airport Commission, 198 and a non-voting student position on the Parks Commission) 199 • The City Council will be considering a number of planning -related issues at their annual 200 goal -setting workshop in February (cell phone tower CUP process, fees for after -the -fact 201 permits, chickens in residential zoning districts, and development goals for city -owned 202 properties) 203 • City Engineer John Mazzitello provided an update on the Lemay Shores Development 204 project by stating that the construction is underway, is a 60 -unit, 30 townhome residential 205 development located off of Lemay Lake Road. The contractor has begun clearing the site, 206 removing vegetation, stumps, and installing erosion control measures. Over the winter, 207 while the ground is frozen, they will be hauling out various quantities of construction debris 208 that has accumulated over the years. As soon as road restrictions are lifted and the ground 209 is thawed, they will start the installation of the public infrastructure and the building of the 210 model home. 211 • In regards to the search process for the new City Administrator, the personnel committee 212 met on Friday, December 19, 2014 to review the 27 applications received. They selected 213 the top seven or eight and forwarded them on to the full City Council. Interviews will be 214 scheduled in January 2015. 215 216 Adjournment 217 218 COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER MAGNUSON, TO 219 ADJOURN THE MEETING AT 7:32 P.M. 220 221 AYES:4 222 NAYS: 0 223 ABSENT: 2 page 12 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com mCITY OF MENDOTA HEIGHTS DATE: January 6, 2014 TO: Mayor and City Council, Interim City Administrator FROM: Lorri Smith, City Clerk SUBJECT: Designation of Official Newspaper BACKGROUND Minnesota Statutes §412.831 requires that the City Council, at its first meeting of the year, designate a legal newspaper of general circulation in the City as its official newspaper. Ordinances, financial reports, public notices, and other information as required by law, as well as matters the Council deems necessary shall be published in the City's designated official newspaper. The South-West Review is currently designated as the City's official newspaper. The publisher, Lillie Suburban News has expressed an interest in continuing that designation for the city. Attached is a quote from Lillie Suburban which has been serving the city of Mendota Heights for the past 35 years. To date we have received excellent service in addition to accurate and timely processing of all legal and official publications. The South-West Review is also the official newspaper for the cities of West St. Paul, Inver Grove Heights, Mendota, and Lilydale. The legal publication rates proposed for 2015 are $7.50 per column inch for a one-time publication. $ 7.20 per column inch is proposed for each additional publication of the same article or notification. They post all legal notices on their website at no additional charge. RECOMMENDATION Staff recommends the City Council designate the South-West Review as the city's official newspaper for 2015. This action requires a majority vote of the city council. Lillie Suburban Newspapers, Inc. Justin Miller, City Administrator City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Dear Mr. Miller: rc.t}'o( ' I a-( Ndye 2515 E. Seventh Avenue North St. Paul, MN 55109 (651) 777-8800 December 22, 2014 Thank you for the opportunity to bid on public notice publication services for the City of Mendota Heights. Lillie Suburban Newspapers has been serving the needs of the Mendota Heights area for 36 years, and is pleased to provide ongoing coverage of city government and school issues and community events. Lillie Suburban Newspapers is the oldest weekly newspaper company in the St. Paul area. It was founded in 1938 by the late T. R. Lillie. His grandsons, Jeffery Enright and Ted H. Lillie, are continuing the family tradition of publishing award-winning community newspapers in the St. Paul suburbs. It is our sincere desire to provide the best possible local news coverage in the Mendota Heights area. Our experienced news staff provides readers with a well-balanced, lively and informative product each week. We realize that Mendota Heights area residents look to the South-West Review as one of their primary sources of information about city activities and meetings, and we will continue to publish the city's press releases and photos. The South-West Review has the official designation of the neighboring communities of West St. Paul, Inver Grove Heights, Mendota and Lilydale. 5 P.M. Wednesday is the deadline each week for submitting public notices to our office. Public notices should be directed to Kitty Sundberg, Lillie Suburban Newspapers, 2515 E. Seventh Ave., North St. Paul, MN 55109. Our fax number is 651/777-8288. Notices may also be sent via e-mail to: legals@lillienews.com Legal publication rates for minutes, advertisements for bids and other notices are as follows: $8.40 per column inch for a one-time publication $8.10 per column inch for each additional publication Thank you for considering the South-West Review as the official legal newspaper for the City of Mendota Heights for 2015. If you have any further questions, don't hesitate to call us. Sincerely, Jeffery Enright / Publisher Ramsey County Review • Maplewood Review • Oakdale -Lake Elmo Review • Review Perspectives New Brighton Bulletin • Shoreview Bulletin • St. Anthony Bulletin • South-West Review Roseville -Little Canada Review • Woodbury -South Maplewood Review • East Side Review page 14 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com mCITY OF MENDOTA HEIGHTS DATE: January 6, 2015 TO: Mayor and City Council, Interim City Administrator FROM: Lorri Smith, City Clerk SUBJECT: Resolution 2015-01 Approving Revised Fee Schedule BACKGROUND City staff has reviewed the current fee schedule which was last approved on January 7, 2014. The significant amendments to the fee schedule are as follows: In the Building Permit fees section, staff has proposed to consolidate some of the fees by combining them into more general permits (i.e. mechanical and plumbing). Some permit fees have increased as part of the proposed fee schedule, while others have decreased. The proposed fee schedule was derived to better reflect the level of service each applicant receives. In the Engineering section, staff is proposing to add a fee for driveway permits. For Parks and Recreation, there is only one fee increase proposed which is for field reservations for soccer. In the Planning fees section, staff is proposing to add a fee for an accessory structure permit under 120 square feet. Escrows are also being proposed to be increased and/or added for a few of the required permits. RECOMMENDATION Staff recommends that the City Council approve Resolution 2015-01 Revising the Schedule of Fees for Services, to be effective February 1, 2015. This action requires a majority vote of the city council. page 15 Permit Fee Comparisons for Mendota Heights 1997 UBC fee schedule (current fee schedule) Permit based on $25,000 valuation Permit fee $391.25 Plan review fee $215.19 Plan review 55% of permit fee (current fee schedule) 2003 LMC fee schedule (proposed fee schedule) Permit based on $25,000 valuation Permit fee $413.00 Plan review fee $268.45 Plan review 65% of permit fee (proposed fee schedule) State of Minnesota fee schedule Permit based on $25,000 valuation Permit fee $464.15 Plan review fee $301.70 Plan review 65% of permit fee City of Minneapolis fee schedule Permit based on $25,000 valuation Permit fee 555.20 Plan review fee $360.88 Plan review 65% of permit fee Commercial reroofing permit Permit based on $250,000 valuation Current fee $1833.75 Proposed fee $1000.00 Residential reroofing permit Permit based on $15,000 valuation Current fee $251.25 Proposed fee $150.00 Residential residing permit Permit based on $42,000 valuation Current fee $562.95 Proposed fee $420.00 Residential window replacement permit Permit based on $30,000 valuation Current fee $441.75 Propose fee $300.00 Residential gas fireplace w/ gas line permit Permit fee based on $7,000 valuation Current fee $139.25 Proposed fee $100.00 Residential plumbing permit (10 fixtures) Permit fee based on $9,000 valuation Current fee $100.00 Proposed fee $90.00 Commercial mechanical permit Permit based on $10,000 valuation Current fee $100.00 Proposed fee $100.00 Residential furnace and — a.c. replacement permit Permit based on $8,000 valuation Current fee $80.00 Proposed fee $100.00 Commercial plumbing permit Permit fee based on $15,000 valuation Current fee $150.00 Proposed fee $150.00 Residential basement remodel Permit fee based on $53,000 valuation Current fee $664.75 Current plan review fee $365.61 Residential basement remodel Permit fee based on $53,000 valuation Proposed fee $704.25 Proposed plan review fee $00.00 Plan review No plan review fee charged when no structural changes made such as kitchen, bathroom and basement remodels and other minor residential remodeling and some commercial office remodels. This may be a change from past department policy. page 16 2015 City of Mendota Heights Fee Schedule Adopted by the City Council on January 6, 2015 Resolution 2015 - 01 2015 page 17 2014 ADMINISTRATION FEE SCHEDULE Agenda Mailing Annual subscription $25/year Assessment Search $25/year $15/search $15/search Assessment Split $25 plus staff time Certification of Delinquent Sewer Accounts $25 plus staff time $50/per certification $50/per certification City Hall Meeting Room $100 damage deposit City Ordinance Book $100 damage deposit $75/book $75/book Comprehensive Plan $50/Complete; $30/One Volume Critical Area Ordinance $50/Complete; $30/One Volume $4/each $4/each Election Filing Fee Per MN Statutes $5 205.13 (3) Friday News Mailing Annual subscription $75/year Legal Description Written $5/each Mailing Costs $75/year $5/each Actual or $1 /minimum Actual or $1 /minimum Minutes Resident or non- resident $ .25/page plus postage Minutes Mailing Annual subscription $50/year Notary Public Residents, businesses, No charge license applicants only Returned Checks $30 /check $ .25/page plus postage $50/year No charge $30 /check Subdivision Ordinance $7.50/each $7.50/each Wetlands Ordinance $2/each $2/each Zoning Ordinance $20/each $20/each DATA REQUESTS NOTE: Data released by the City adheres to MN Data Practices Act, MN Statutes Chap 13. Photo Copies 1 to 100 pages Photo Copies Request for Public Data CD with Photos/AudioNideo $ .25/single sided page $ .25/single sided page over 100 pages $ .25/ single sided page plus staff $ .25/ single sided page plus staff time time MN Statutes, Chapter $.00 to review info at city hall; $ $.00 to review info at city hall; $ 13 .25 per single sided copy; staff .25 per single sided copy; staff time is also charged when over time is also charged when over 100 100 copies copies $10 $10 2015 page 18 2014 ADMINISTRATION FEE SCHEDULE Intoxicating Liquor Licenses (fees set in City Code 3-1-9) Intoxicating Liquor Off Sale limited by State Statutes 340A.408 Subd. 3. a.(3) $150.00 Intoxicating Liquor On -Sale Tier 1 Tier 1 license $10,000 Intoxicating Liquor On -Sale Tier 2 Tier 2 license $7,500 $150.00 $10,000 $7,500 Intoxicating Liquor On -Sale Hotel Limited Service Hotel $3,000 $3,000 Club Liquor On -Sale limited by SS $350 (for 201-500 club members) $350 (for 201-500 club members) 340A.408 Subd. 2.b. Sunday Liquor limited by SS $200 340A.504 $200 Wine On -Sale limited by SS $2,000 340A.408 Subd. 2.c. $2,000 Wine On -Sale Institutional limited by SS $250 340A.408 Subd. 2.c. $250 Malt Liquor Licenses (fees set in City Code 3-1-9) Malt Liquor Off Sale (3.2%) $50 $50 Malt Liquor On Sale (3.2%) $250 $250 Temporary On Sale Special Event Licenses (fee set in City Code 3-1-9) Temporary On Sale Intoxicating Liquor, Malt Liquor, Wine Issued only to clubs, non -profits, religious organizations $50 / one to three day license $50 / one to three day license Application Investigation Fees Intoxicating Liquor, Wine, 3.2 Malt Renewal or Change $100/per establishment Liq Application Investigation $100/per establishment Intoxicating Liquor, Wine, 3.2 Malt New Applicant Liq Application Investigation $1,500/per licensee, $1,000 refunded if no out of state investigation needed (for out of state investigation, actual cost charged, up to $10,000) (SS340A.412 (subd. 2)) $1,500/per licensee, $1,000 refunded if no out of state investigation needed (for out of state investigation, actual cost charged, up to $10,000) (SS340A.412 (subd. 2)) page 19 2015 2014 ADMINISTRATION FEE SCHEDULE License and Permit Fees Dog License Not neutered or Not $10/annual $10/annual spayed Dog License Neutered or Spayed $5/annual $5/annual Massage Therapist License New licensee or $50 $50 renewal Massage Therapist License Investigation New licensee or $50 $50 renewal Massage Therapy Enterprise License New licensee or renewal $100 $100 Massage Therapy Enterprise License New licensee or Investigation renewal $100 $100 Rental License Fee 75/annual $75/annual Rubbish Hauler License City Code 4-2-3. Fee $75/annual plus $10 per truck tag $75/annual plus $10 per truck tag not prorated Tobacco License City Code 3-2-4. Fee $200/ annual $200/ annual not prorated. Tobacco Investigation Fee New or Renewal $100 per establishment $100 per establishment 1% of value/$100 minimum 1 2015 page 20 2014 Building Alterations BUILDING PERMIT FEE SCHEDULE Residential/Commercia Per Attachment A 1 Per Attachment A Building Moving Permit $75 Building Permit Fee Residential/Commercia Per Attachment A 1 Contractor License Annual $50/year Gas Fireplace w/new gas line Mechanical New Heating 1% of value/$50 minimum Mechanical New A/C 1% of value/$50 minimum Mechanical Alteration or Replace Residential or Commercial 1% of value/$ 25 75 minimum Mechanical Alteration or Replace Commercial 1% of value/$50 minimum Mechanical Gas Piping $ 50 75 Mechanical Install or Replacement - Residential or Heat & AC combination Commercial 1% of value/$100 minimum Plan Review Fee Residential or Commercial Per Attachment A Plumbing Permit Fee Residential or Commercial 1% of value/$ 50 75 minimum Plumbing Alteration or Repair Commercial Plumbing Permit Fee New Construction Residential Plumbing Alteration or Repair Residential Plumbing Bath Addition Residential $75 Per Attachment A $50/year 1% of value/$50 minimum 1% of value/$50 minimum 1% of value/$25 minimum 1% of value/$50 minimum $50 Per Attachment A 1% of value/$50 minimum 1% of value/$50 minimum $50 plus $5/per fixture 1% of value/$25 minimum $25 plus $5/per fixture Plumbing Fixtures after Residential $5/fixture/$25 minimum Rough In 2015 page 21 2014 BUILDING PERMIT FEE SCHEDULE Plumbing Rough In Separate from new construction $25- Plumbing Water Heater Replacement Residential 1% of value/$25 minimum Public Utility or Improved Public ROW Connection Residential/Commercia Amount assessed at time of 1 parcels not assessed at time of past City improvement when surrounding lots were assessed (includes newly created lots) improvement plus interest at rate offered to other assessments at time of improvement Roof Permit Commercial 1% of value/$100 minimum/$1,000 maximum Roofing and Siding Permit Residential 1% of value/$100 minimum 1% of value/$25 minimum Amount assessed at time of improvement plus interest at rate offered to other assessments at time of improvement I Or Sewer Permit Residential/Commercia 1 $ 25 75 Storm Sewer Utility Charge Commercial/Industrial $ 121.80 /acre Storm Sewer Utility Charge Residential $7.25 Water Permit Residential/Commercia $10 1 Window Replacement Residential 1% of value/$75 minimum $25 $ 121.80_/acre $7.25 $10 page 22 2015 2014 IIMENGINEERING PUBLIC IMPROVEMENT PROJECT FEE SCHEDULE Driveway Permit Replacement $50 Driveway Permit New or Expanded $100 Engineering and Drafting Actual costs plus staff time Services Feasibility Report Credit shall be given Actual costs plus staff time for information which can be used in plan and specification preparation Field Inspection and Actual costs plus staff time Staking Grading Permit Actual costs plus staff time Actual costs plus staff time Actual costs plus staff time $100/flat fee $100/flat fee Litigation Actual costs plus staff time Miscellaneous Charges Actual costs plus staff time Actual costs plus staff time Actual costs plus staff time Plans and Specifications Project Construction Actual costs plus staff time under $100,000 Plans and Specifications Actual costs plus staff time Project Construction 7% of final contract amount 7% of final contract amount over $100,000 Preliminary Studies Actual costs plus staff time Professional Services on Planning Cases Actual costs plus staff time 1st hour per case Included/ 1st hour per case Included/ thereafter actual costs plus staff thereafter actual costs plus staff time time Public Right of Way Commercial $200 / first 1000 feet Permit $25 / each additional 100 feet $200 / first 1000 feet $25 / each additional 100 feet Public Right of Way Residential $25 50 /flat fee $25/flat fee Permit Right -Of -Way Usage license $350 Vacation - ROW or Easement $350 $250 $250 Note: Staff time is computed on the basis of 250% of the employee's hourly rate for the above services page 23 2015 2014 ENGINEERING - MAPS, PLANS AND DRAWINGS FEE SCHEDULE CD of Data or Maps $5 plus map fee $5 plus map fee Maps/Plans/Drawings: Up to 11 x 17 $3 $3 Comprehensive Plan Black and White Critical Area GIS Land Use Plats Sanitary Sewer Storm Sewer Street Asbuilts Wetlands Zoning Maps/Plans/Drawings: Up to 11 x 17 Comprehensive Plan Color Critical Area GIS Land Use Plats Sanitary Sewer Storm Sewer Street Asbuilts Wetlands Zoning $10 $10 Maps/Plans/Drawings: Greater than 11 x 17 $6 $6 Comprehensive Plan Black and White Critical Area GIS Land Use Plats Sanitary Sewer Storm Sewer Street Asbuilts Wetlands Zoning Maps/Plans/Drawings: Comprehensive Plan Critical Area GIS Land Use Plats Sanitary Sewer Storm Sewer Street Asbuilts Wetlands Zoning Greater than 11 x 17 $20 Color $20 page 24 2015 2014 PARKS AND RECREATION FEE SCHEDULE Concessions Building Reservation $25/event $25/event Field Reservation Baseball $35/day $35/day Field Reservation Softball $35/day Field Reservation Soccer $35/day $35 50 /day $35/day Field Preparation 3 or more fields only Actual Cost or $100 minimum Field Chalk Actual Cost or $100 minimum $10 /bag $10 /bag Field Drying Agent $15 / bag Ice Rink Reservation $15 / bag $35 / hour $35 / hour Ice Rink Warming House Key Damage Deposit $100 Par 3 Greens Fees $100 Juniors/Seniors- $10 / round $10 / round Weekday Par 3 Greens Fees Juniors/Seniors- Weekend $12 / round $12 / round Par 3 Greens Fees Weekday $11 / round $11 / round Par 3 Greens Fees Weekend $13 / round Par 3 10 -Round Pass $13 / round $90 $90 Par 3 Pull Cart Rental $3/ round Par 3 Power Cart Rental $3/round $10 / round $10 / round 2015 page 25 2014 PARKS AND RECREATION FEE SCHEDULE Picnic Area/Shelter Resident - Private $25 / application fee $25 / application fee Picnic Area/Shelter Non -Resident - Private $25/day + $25/application fee Picnic Area/Shelter Resident - Business $50/day + $25/application fee Picnic Area/Shelter Non -Resident - Business $100/day + $25/app fee $25/day + $25/application fee $50/day + $25/application fee $100/day + $25/app fee Picnic Area Shelter Damage Deposit Waived for nonprofit youth service organizations and neighborhood groups reserving neighborhood park $100 / event $100 / event NOTE: Mendota Heights schools, city events, and non-profit civic organizations are fee exempt but must pay damage deposit. Picnic Area Cancellation 7 days advance notice 100% refund Picnic Area Cancellation Less than 7 days notice Not refundable Picnic Area Cancellation Due to inclement Not refundable but may be weather rescheduled at no add'l charge Picnic Table Additional On-site $15 / each per day 100% refund Not refundable Not refundable but may be rescheduled at no add'l charge $15 / each per day page 26 2015 2014 PARKS AND RECREATION FEE SCHEDULE ___IiiIMIE Tournament Fee - Softball or Soccer Two-day tournament $500/weekend $500/weekend Tournament Fee Soccer One -day tournament $250/day Tournament $250/day Additional Day(s) $45/per field $45/per field Tournament Fee Softball or Soccer MHAA In -House No Charge Only, City Recreation Tournament Additional MHAA In -House No Charge Day(s) Only, City Recreation Tournament $300 Damage Deposit Fee Trash Pick-up No Charge No Charge $300 Following Large $100/event $100/event Event, taken from damage deposit Tournament One month notice 100 % refundable Cancellation Fee 100 % refundable Tournament 15 to 30 advance 50 % refundable 50 % refundable Cancellation Fee notice Tournament 1 to 14 advance notice Not refundable Not refundable page 27 2015 2014 MIJAI PLANNING FEE SCHEDULE Accessory Structure Permit Comprehensive Plan Under 120 sq. ft. $25 * Escrow Required - $750 $750 Amendment See table Concept Plan Review for PUD/Plat * Escrow Required - $250 See table Conditional Use Permit $250 * Escrow Required - $350 $350 See table Critical Area Permit * Escrow Required - $100 See table CUP for PUD $100 * Escrow Required - $500 $500 See table Fence Permit $25/flat fee Lot Split $25/flat fee $350 $350 Mining Permit $350 Park Dedication Fee $350 New Residential Lot $2,700 $2,700 Park Dedication Fee New Commercial / Industrial Lot 10% of assessed value Rezoning 10% of assessed value * Escrow Required - $350 $350 See table Subdivision * Escrow Required - $750 See table Sign Permit $750 Triple fee charged if Per Attachment A Per Attachment A sign is erected w/o permit -Per Code 12- 1D-15 B. 2 Temporary Sign Permit $25 Variance Residential *Escrow Required - See table $ -WO 200 Variance Commercial or Industrial * Escrow Required - See table $ 150 250 Wetlands Permit Residential * Escrow Required - See table $ 135 150 Wetlands Permit Commercial or Industrial * Escrow Required - See table $ 175 200 $25 $100 $150 $135 $175 Zoning Ordinance $250 $250 Amendment page 28 2015 2014 PLANNING FEE SCHEDULE Escrow Table Variances, Wetlands, Rezoning, Critical Area, CUP, CUP for PUD, Concept PUD/Plat $500 Subdivisions R1, Res. Dev. 0 to 10 units $100/per unit, $250 minimum R1 -A 0 to 10 units $100/per unit, $250 minimum $100/per unit, $250 minimum $100/per unit, $250 minimum R1 -B 0 to 10 units $100/per unit, $250 minimum R-2 0 to 10 units $100/per unit, $250 minimum $100/per unit, $250 minimum $100/per unit, $250 minimum R-3 0 to 10 units $100/per unit, $250 minimum R1, Res. Dev. Over 10 units $50/per unit B-1, B-14 $1,000 B-2, B-3, B-4 $100/per unit, $250 minimum $50/per unit $1,000 $1,500 $1,500 $1,000 $1,000 Expenses billed to the city will be charged against the escrow accounts. Any remaining escrow will be returned to the applicant. Applicants will be billed for any city incurred expenses exceeding the escrow amount. 1 2015 page 29 2014 PUBLIC SAFETY FEE SCHEDULE Fingerprints Must be a resident or an employee of a business located in the Mendota Heights service area $10.00 per card Car Seat Rental Residents Only $50 Deposit; check held for one month; upon return, $25 refund. If seat not returned within one month, deposit is non-refundable. Clearance Letter $5 $10.00 per card $50 Deposit; check held for one month; upon return, $25 refund. If seat not returned within one month, deposit is non-refundable. $5 DATA REQUESTS Data released by the City of Mendota Heights adheres to IPAD guidelines and MN Statutes Chapter 13. Copy of Incident Report Per IPAD/MSS 13.82 $.25/page up to 100 pages Copy of Accident Report In person, involved $.25/page up to 100 pages party request Copy of Accident Report Request from insurance or attorney Self-addressed, stamped envelope with signed release. If over 4 pgs, contact requestor for alternate payment. $.25/page up to 100 pages $.25/page up to 100 pages Self-addressed, stamped envelope with signed release. If over 4 pgs, contact requestor for alternate payment. Per IPAD/MSS 13.82: Must prove involvement in/relationship to accident and either present ID or a signed release Request for Public Data Per IPAD/MSS 13.82 $.00 if information is only reviewed at city hall. CD with Photos/Audio/Video Per IPAD/MSS 13.82 $10 $.00 if information is only reviewed at city hall. $10 page 30 2015 2014 OTHER PUBLIC SAFETY FEES Dog Impound Fee Vehicle Impound $ 67.00 for 1st Day $ 67.00 for 1st Day $ 16.00 each day thereafter $ 16.00 each day thereafter Current Tow Rate + Tax Current Tow Rate + Tax Vehicle Storage MHPD Indoor storage $ 35 per day Basic Property Storage $ 35 per day Stored at or by MHPD Small(2ftX4ft): $1/day Small(2ftX4ft): $1/day Medium(5ftX7ft): $3/day Medium(5ftX7ft): $3/day Large(8ftX10ft): $5/day Large(8ftX10ft): $5/day Off -Site: Actual costs Off -Site: Actual storage costs False Alarm, Police Per calendar year First three no charge, 4th -$50; 5th - $75; 6th -$100; ea add'l-add $25 False Alarm, Fire First three no charge, 4th -$50; 5th - $75; 6th -$100; ea add'l-add $25 Per calendar year First two no charge, third and each First two no charge, third and each additional - $150/ea additional - $150/ea Fire Alarm Permit Commercial Per Attachment A Removal of Underground Fuel Per Attachment A Residential/Commercia $50 minimum $50 minimum Tanks 1 Plan Check Fee Per Attachment A Fire Sprinkler Alteration Per Attachment A Per Attachment A Per Attachment A Day Care Fire Inspection Per MN Statutes $50 299F.011 $50 Attachment A to Resolution 2014-42 City of Mendota Heights - Building Permit Fees Valuation Permit Fees Plan Review $1.00 to $500.00 $23.50 $15.28 $501.00 to $600.00 $26.55 $17.26 $601.00 to $700.00 $29.60 $19.24 $701.00 to $800.00 $32.65 $21.22 $801.00 to $900.00 $35.70 $23.21 $901.00 to $1,000.00 $38.75 $25.19 $1,001.00 to $1,100.00 $41.80 $27.17 $1,101.00 to $1,200.00 $44.85 $29.15 $1,201.00 to $1,300.00 $47.90 $31.14 $1,301.00 to $1,400.00 $50.95 $33.12 $1,401.00 to $1,500.00 $54.00 $35.10 $1,501.00 to $1,600.00 $57.05 $37.08 $1,601.00 to $1,700.00 $60.10 $39.07 $1,701.00 to $1,800.00 $63.15 $41.05 $1,801.00 to $1,900.00 $66.20 $43.03 $1,901.00 to $2,000.00 $69.25 $45.01 $2,001.00 to $3,000.00 $83.25 $54.11 $3,001.00 to $4,000.00 $97.25 $63.21 $4,001.00 to $5,000.00 $111.25 $72.31 $5,001.00 to $6,000.00 $125.25 $81.41 $6,001.00 to $7,000.00 $139.25 $90.51 $7,001.00 to $8,000.00 $153.25 $99.61 $8,001.00 to $9,000.00 $167.25 $108.71 $9,001.00 to $10,000.00 $181.25 $117.81 $10,001.00 to $11,000.00 $195.25 $126.91 $11,001.00 to $12,000.00 $209.25 $136.01 $12,001.00 to $13,000.00 $223.25 $145.11 $13,001.00 to $14,000.00 $237.25 $154.21 $14,001.00 to $15,000.00 $251.25 $163.31 $15,001.00 to $16,000.00 $265.25 $172.41 $16,001.00 to $17,000.00 $279.25 $181.51 $17,001.00 to $18,000.00 $293.25 $190.61 $18,001.00 to $19,000.00 $307.25 $199.71 $19,001.00 to $20,000.00 $321.25 $208.81 $20,001.00 to $21,000.00 $335.25 $217.91 $21,001.00 to $22,000.00 $349.25 $227.01 $22,001.00 to $23,000.00 $363.25 $236.11 $23,001.00 to $24,000.00 $377.25 $245.21 $24,001.00 to $25,000.00 $391.25 $254.31 $25,001.00 to $26,000.00 $401.35 $260.88 $26,001.00 to $27,000.00 $411.45 $267.44 $27,001.00 to $28,000.00 $421.55 $274.01 $28,001.00 to $29,000.00 $431.65 $280.57 $29,001.00 to $30,000.00 $441.75 $287.14 $30,001.00 to $31,000.00 $451.85 $293.70 page 31 To figure surcharge .0005 x valuation Valuation Permit Fees Plan Review $31,001.00 to $32,000.00 $461.95 $300.27 $32,001.00 to $33,000.00 $472.05 $306.83 $33,001.00 to $34,000.00 $482.15 $313.40 $34,001.00 to $35,000.00 $492.25 $319.96 $35,001.00 to $36,000.00 $502.35 $326.53 $36,001.00 to $37,000.00 $512.45 $333.09 $37,001.00 to $38,000.00 $522.55 $339.66 $38,001.00 to $39,000.00 $532.65 $346.22 $39,001.00 to $40,000.00 $542.75 $352.79 $40,001.00 to $41,000.00 $552.85 $359.35 $41,001.00 to $42,000.00 $562.95 $365.92 $42 001.00 to $43,000.00 $573.05 $372.48 $43,001.00 to $44,000.00 $583.15 $379.05 $44,001.00 to $45,000.00 $593.25 $385.61 $45,001.00 to $46,000.00 $603.35 $392.18 $46,001.00 to $47,000.00 $613.45 $398.74 $47,001.00 to $48,000.00 $623.55 $405.31 $48,001.00 to $49,000.00 $633.65 $411.87 $49,001.00 to $50,000.00 $643.75 $418.44 $50,001.00 to $51,000.00 $650.75 $422.99 $51,001.00 to $52,000.00 $657.75 $427.54 $52,001.00 to $53,000.00 $664.75 $432.09 $53,001.00 to $54,000.00 $671.75 $436.64 $54,001.00 to $55,000.00 $678.75 $441.19 $55,001.00 to $56,000.00 $685.75 $445.74 $56,001.00 to $57,000.00 $692.75 $450.29 $57,001.00 to $58,000.00 $699.75 $454.84 $58,001.00 to $59,000.00 $706.75 $459.39 $59,001.00 to $60,000.00 $713.75 $463.94 $60,001.00 to $61,000.00 $720.75 $468.49 $61,001.00 to $62,000.00 $727.75 $473.04 $62,001.00 to $63,000.00 $734.75 $477.59 $63,001.00 to $64,000.00 $741.75 $482.14 $64,001.00 to $65,000.00 $748.75 $486.69 $65,001.00 to $66,000.00 $755.75 $491.24 $66,001.00 to $67,000.00 $762.75 $495.79 $67,001.00 to $68,000.00 $769.75 $500.34 $68,001.00 to $69,000.00 $776.75 $504.89 $69,001.00 to $70,000.00 $783.75 $509.44 $70,001.00 to $71,000.00 $790.75 $513.99 $71,001.00 to $72,000.00 $797.75 $518.54 $72,001.00 to $73,000.00 $804.75 $523.09 $73,001.00 to $74,000.00 $811.75 $527.64 $74,001.00 to $75,000.00 $818.75 $532.19 $75,001.00 to $76,000.00 $825.75 $536.74 City of Mendota Heights - Building Permit Fees Valuation Permit Fees Plan Review $76,001.00 to $77,000.00 $832.75 $541.29 $77,001.00 to $78,000.00 $839.75 $545.84 $78,001.00 to $79,000.00 $846.75 $550.39 $79,001.00 to $80,000.00 $853.75 $554.94 $80,001.00 to $81,000.00 $860.75 $559.49 $81,001.00 to $82,000.00 $867.75 $564.04 $82,001.00 to $83,000.00 $874.75 $568.59 $83,001.00 to $84,000.00 $881.75 $573.14 $84,001.00 to $85,000.00 $888.75 $577.69 $85,001.00 to $86,000.00 $895.75 $582.24 $86,001.00 to $87,000.00 $902.75 $586.79 $87,001.00 to $88,000.00 $909.75 $591.34 $88,001.00 to $89,000.00 $916.75 $595.89 $89,001.00 to $90,000.00 $923.75 $600.44 $90,001.00 to $91,000.00 $930.75 $604.99 $91,001.00 to $92,000.00 $937.75 $609.54 $92,001.00 to $93,000.00 $944.75 $614.09 $93,001.00 to $94,000.00 $951.75 $618.64 $94,001.00 to $95,000.00 $958.75 $623.19 $95,001.00 to $96,000.00 $965.75 $627.74 $96,001.00 to $97,000.00 $972.75 $632.29 $97,001.00 to $98,000.00 $979.75 $636.84 $98,001.00 to $99,000.00 $986.75 $641.39 $99,001.00 to $100,000.00 $993.75 $645.94 $100,001.00 to $101,000.00 $999.35 $649.58 $101,001.00 to $102,000.00 $1,004.95 $653.22 $102,001.00 to $103,000.00 $1,010.55 $656.86 $103,001.00 to $104,000.00 $1,016.15 $660.50 $104,001.00 to $105,000.00 $1,021.75 $664.14 $105,001.00 to $106,000.00 $1,027.35 $667.78 $106,001.00 to $107,000.00 $1,032.95 $671.42 $107,001.00 to $108,000.00 $1,038.55 $675.06 $108,001.00 to $109,000.00 $1,044.15 $678.70 $109,001.00 to $110,000.00 $1,049.75 $682.34 $110,001.00 to $111,000.00 $1,055.35 $685.98 $111,001.00 to $112,000.00 $1,060.95 $689.62 $112,001.00 to $113,000.00 $1,066.55 $693.26 $113,001.00 to $114,000.00 $1,072.15 $696.90 $114,001.00 to $115,000.00 $1,077.75 $700.54 $115,001.00 to $116,000.00 $1,083.35 $704.18 $116,001.00 to $117,000.00 $1,088.95 $707.82 $117,001.00 to $118,000.00 $1,094.55 $711.46 $118,001.00 to $119,000.00 $1,100.15 $715.10 $119,001.00 to $120,000.00 $1,105.75 $718.74 $120,001.00 to $121,000.00 $1,111.35 $722.38 page 32 To figure surcharge .0005 x valuation Valuation Permit Fees Plan Review $121,001.00 to $122,000.00 $1,116.95 $726.02 $122,00100 to $123,000.00 $1,122.55 $729.66 $123,001.00 to $124,000.00 $1,128.15 $733.30 $124,001.00 to $125,000.00 $1,133.75 $736.94 $125,001.00 to $126,000.00 $1,139.35 $740.58 $126,00100 to $127,000.00 $1,144.95 $744.22 $127,001.00 to $128,000.00 $1,150.55 $747.86 $128,001.00 to $129,000.00 $1,156.15 $751.50 $129,001.00 to $130,000.00 $1,161.75 $755.14 $130,001.00 to $131,000.00 $1,167.35 $758.78 $131,001.00 to $132,000.00 $1,172.95 $762.42 $132,001.00 to $133,000.00 $1,178.55 $766.06 $133,001.00 to $134,000.00 $1,184.15 $769.70 $134,001.00 to $135,000.00 $1,189.75 $773.34 $135,001.00 to $136,000.00 $1,195.35 $776.98 $136,001.00 to $137,000.00 $1,200.95 $780.62 $137,001.00 to $138,000.00 $1,206.55 $784.26 $138,001.00 to $139,000.00 $1,212.15 $787.90 $139,001.00 to $140,000.00 $1,217.75 $791.54 $140,001.00 to $141,000.00 $1,223.35 $795.18 $141,001.00 to $142,000.00 $1,228.95 $798.82 $142,001.00 to $143,000.00 $1,234.55 $802.46 $143,001.00 to $144,000.00 $1,240.15 $806.10 $144,001.00 to $145,000.00 $1,245.75 $809.74 $145,001.00 to $146,000.00 $1,251.35 $813.38 $146,001.00 to $147,000.00 $1,256.95 $817.02 $147,001.00 to $148,000.00 $1,262.55 $820.66 $148,001.00 to $149,000.00 $1,268.15 $824.30 $149,001.00 to $150,000.00 $1,273.75 $827.94 $150,001.00 to $151,000.00 $1,279.35 $831.58 $151,001.00 to $152,000.00 $1,284.95 $835.22 $152,001.00 to $153,000.00 $1,290.55 $838.86 $153,001.00 to $154,000.00 $1,296.15 $842.50 $154,001.00 to $155,000.00 $1,301.75 $846.14 $155,001.00 to $156,000.00 $1,307.35 $849.78 $156,001.00 to $157,000.00 $1,312.95 $853.42 $157,001.00 to $158,000.00 $1,318.55 $857.06 $158,001.00 to $159,000.00 $1,324.15 $860.70 $159,001.00 to $160,000.00 $1,329.75 $864.34 $160,001.00 to $161,000.00 $1,335.35 $867.98 $161,001.00 to $162,000.00 $1,340.95 $871.62 $162,001.00 to $163,000.00 $1,346.55 $875.26 $163,001.00 to $164,000.00 $1,352.15 $878.90 $164,001.00 to $165,000.00 $1,357.75 $882.54 $165,001.00 to $166,000.00 $1,363.35 $886.18 Attachment A - pg 2 of 12 City of Mendota Heights - Building Permit Fees Valuation Permit Fees Plan Review $166,001.00 to $167,000.00 $1,368.95 $889.82 $167,001.00 to $168,000.00 $1,374.55 $893.46 $168,001.00 to $169,000.00 $1,380.15 $897.10 $169,001.00 to $170,000.00 $1,385.75 $900.74 $170,001.00 to $171,000.00 $1,391.35 $904.38 $171,001.00 to $172,000.00 $1,396.95 $908.02 $172,001.00 to $173,000.00 $1,402.55 $911.66 $173,001.00 to $174,000.00 $1,408.15 $915.30 $174,001.00 to $175,000.00 $1,413.75 $918.94 $175,001.00 to $176,000.00 $1,419.35 $922.58 $176,001.00 to $177,000.00 $1,424.95 $926.22 $177,000.00 to $178,000.00 $1,430.55 $929.86 $178,001.00 to $179,000.00 $1,436.15 $933.50 $179,001.00 to $180,000.00 $1,441.75 $937.14 $180,001.00 to $181,000.00 $1,447.35 $940.78 $181,001.00 to $182,000.00 $1,452.95 $944.42 $182,001.00 to $183,000.00 $1,458.55 $948.06 $183,001.00 to $184,000.00 $1,464.15 $951.70 $184,001.00 to $185,000.00 $1,469.75 $955.34 $185,001.00 to $186,000.00 $1,475.35 $958.98 $186,001.00 to $187,000.00 $1,480.95 $962.62 $187,001.00 to $188,000.00 $1,486.55 $966.26 $188,001.00 to $189,000.00 $1,492.15 $969.90 $189,001.00 to $190,000.00 $1,497.75 $973.54 $190,001.00 to $191,000.00 $1,503.35 $977.18 $191,001.00 to $192,000.00 $1,508.95 $980.82 $192,001.00 to $193,000.00 $1,514.55 $984.46 $193,001.00 to $194,000.00 $1,520.15 $988.10 $194,001.00 to $195,000.00 $1,525.75 $991.74 $195,001.00 to $196,000.00 $1,531.35 $995.38 $196,001.00 to $197,000.00 $1,536.95 $999.02 $197,001.00 to $198,000.00 $1,542.55 $1002.66 $198,001.00 to $199,000.00 $1,548.15 $1006.30 $199,001.00 to $200,000.00 $1,553.75 $1009.94 $200,001.00 to $201,000.00 $1,559.35 $1013.58 $201,001.00 to $202,000.00 $1,564.95 $1017.22 $202,001.00 to $203,000.00 $1,570.55 $1020.86 $203,001.00 to $204,000.00 $1,576.15 $1024.50 $204,001.00 to $205,000.00 $1,581.75 $1028.14 $205,001.00 to $206,000.00 $1,587.35 $1031.78 $206,001.00 to $207,000.00 $1,592.95 $1035.42 $207,001.00 to $208,000.00 $1,598.55 $1039.06 $208,001.00 to $209,000.00 $1,604.15 $1042.70 $209,001.00 to $210,000.00 $1,609.75 $1046.34 $210,001.00 to $211,000.00 $1,615.35 $1049.98 page 33 To figure surcharge .0005 x valuation Valuation Permit Fees Plan Review $211,001.00 to $212,000.00 $1,620.95 $1053.62 $212,001.00 to $213,000.00 $1,626.55 $1057.26 $213,001.00 to $214,000.00 $1,632.15 $1060.90 $214,001.00 to $215,000.00 $1,637.75 $1064.54 $215,001.00 to $216,000.00 $1,643.35 $1068.18 $216,001.00 to $217,000.00 $1,648.95 $1071.82 $217,001.00 to $218,000.00 $1,654.55 $1075.46 $218,001.00 to $219,000.00 $1,660.15 $1079.10 $219,001.00 to $220,000.00 $1,665.75 $1082.74 $220,001.00 to $221,000.00 $1,671.35 $1086.38 $221,001.00 to $222,000.00 $1,676.95 $1090.02 $222,001.00 to $223,000.00 $1,682.55 $1093.66 $223,001.00 to $224,000.00 $1,688.15 $1097.30 $224,001.00 to $225,000.00 $1,693.75 $1100.94 $225,001.00 to $226,000.00 $1,699.35 $1104.58 $226,001.00 to $227,000.00 $1,704.95 $1108.22 $227,001.00 to $228,000.00 $1,710.55 $1111.86 $228,001.00 to $229,000.00 $1,716.15 $1115.50 $229,001.00 to $230,000.00 $1,721.75 $1119.14 $230,901.00 to $231,000.00 $1,727.35 $1122.78 $231,001.00 to $232,000.00 $1,732.95 $1126.42 $232,001.00 to $233,000.00 $1,738.55 $1130.06 $233,001.00 to $234,000.00 $1,744.15 $1133.70 $234,001.00 to $235,000.00 $1,749.75 $1137.34 $235,001.00 to $236,000.00 $1,755.35 $1140.98 $236,001.00 to $237,000.00 $1,760.95 $1144.62 $237,001.00 to $238,000.00 $1,766.55 $1148.26 $238,001.00 to $239,000.00 $1,772.15 $1151.90 $239,001.00 to $240,000.00 $1,777.75 $1155.54 $240,001.00 to $241,000.00 $1,783.35 $1159.18 $241,001.00 to $242,000.00 $1,788.95 $1162.82 $242,001.00 to $243,000.00 $1,794.55 $1166.46 $243,001.00 to $244,000.00 $1,800.15 $1170.10 $244,001.00 to $245,000.00 $1,805.75 $1173.74 $245,001.00 to $246,000.00 $1,811.35 $1177.38 $246,001.00 to $247,000.00 $1,816.95 $1181.02 $247,001.00 to $248,000.00 $1,822.55 $1184.66 $248,001.00 to $249,000.00 $1,828.15 $1188.30 $249,001.00 to $250,000.00 $1,833.75 $1191.94 $250,001.00 to $251,000.00 $1,839.35 $1195.58 $251,001.00 to $252,000.00 $1,844.95 $1199.22 $252,001.00 to $253,000.00 $1,850.55 $1202.86 $253,001.00 to $254,000.00 $1,856.15 $1206.50 $254,001.00 to $255,000.00 $1,861.75 $1210.14 $255,001.00 to $256,000.00 $1,867.35 $1213.78 Attachment A - pg 3 of 12 City of Mendota Heights - Building Permit Fees Valuation Permit Fees Plan Review $256,001.00 to $257,000.00 $1,872.95 $1217.42 $257,001.00 to $258,000.00 $1,878.55 $1221.06 $258,001.00 to $259,000.00 $1,884.15 $1224.70 $259,001.00 to $260,000.00 $1,889.75 $1228.34 $260,001.00 to $260,000.00 $1,895.35 $1231.98 $261,001.00 to $262,000.00 $1,900.95 $1235.62 $262,001.00 to $263,000.00 $1,906.55 $1239.26 $263,001.00 to $264,000.00 $1,912.15 $1242.90 $264,001.00 to $265,000.00 $1,917.75 $1246.54 $265,001.00 to $266,000.00 $1,923.35 $1250.18 $266,001.00 to $267,000.00 $1,928.95 $1253.82 $267,001.00 to $268,000.00 $1,934.55 $1257.46 $268,001.00 to $269,000.00 $1,940.15 $1261.10 $269,001.00 to $270,000.00 $1,945.75 $1264.74 $170,001.00 to $271,000.00 $1,951.35 $1268.38 $271,001.00 to $272,000.00 $1,956.95 $1272.02 $272,001.00 to $273,000.00 $1,962.55 $1275.66 $273,001.00 to $274,000.00 $1,968.15 $1279.30 $274,001.00 to $275,000.00 $1,973.75 $1282.94 $275,001.00 to $276,000.00 $1,979.35 $1286.58 $276,001.00 to $277,000.00 $1,984.95 $1290.22 $277,001.00 to $278,000.00 $1,990.55 $1293.86 $278,001.00 to $279,000.00 $1,996.15 $1297.50 $279,001.00 to $280,000.00 $2,001.75 $1301.14 $280,001.00 to $281,000.00 $2,007.35 $1304.78 $281,001.00 to $282,000.00 $2,012.95 $1308.42 $282,001.00 to $283,000.00 $2,018.55 $1312.06 $283,001.00 to $284,000.00 $2,024.15 $1315.70 $284,001.00 to $285,000.00 $2,029.75 $1319.34 $285,001.00 to $286,000.00 $2,035.35 $1322.98 $286,001.00 to $287,000.00 $2,040.95 $1326.62 $287,001.00 to $288,000.00 $2,046.55 $1330.26 $288,001.00 to $289,000.00 $2,052.15 $1333.90 $289,001.00 to $290,000.00 $2,057.75 $1337.54 $290,001.00 to $291,000.00 $2,063.35 $1341.18 $291,001.00 to $292,000.00 $2,068.95 $1344.82 $292,001.00 to $293,000.00 $2,074.55 $1348.46 $293,001.00 to $294,000.00 $2,080.15 $1352.10 $294,001.00 to $295,000.00 $2,085.75 $1355.74 $295,001.00 to $296,000.00 $2,091.35 $1359.38 $296,001.00 to $297,000.00 $2,096.95 $1363.02 $297,001.00 to $298,000.00 $2,102.55 $1366.66 $298,001.00 to $299,000.00 $2,108.15 $1370.30 $299,001.00 to $300,000.00 $2,113.75 $1373.94 $300,001.00 to $301,000.00 $2,119.35 $1377.58 page 34 To figure surcharge .0005 x valuation Valuation Permit Fees Plan Review $301,001.00 to $302,000.00 $2,124.95 $1381.22 $302,001.00 to $303,000.00 $2,130.55 $1384.86 $303,001.00 to $304,000.00 $2,136.15 $1388.50 $304,001.00 to $305,000.00 $2,141.75 $1392.14 $305,001.00 to $306,000.00 $2,147.35 $1395.78 $306,001.00 to $307,000.00 $2,152.95 $1399.42 $307,001.00 to $308,000.00 $2,158.55 $1403.06 $308,001.00 to $309,000.00 $2,164.15 $1406.70 $309,001.00 to $310,000.00 $2,169.75 $1410.34 $310,001.00 to $311,000.00 $2,175.35 $1413.98 $311,001.00 to $312,000.00 $2,180.95 $1417.62 $312,001.00 to $313,000.00 $2,186.55 $1421.26 $313,001.00 to $314,000.00 $2,192.15 $1424.90 $314,001.00 to $315,000.00 $2,197.75 $1428.54 $315,001.00 to $316,000.00 $2,203.35 $1432.18 $316,001.00 to $317,000.00 $2,208.95 $1435.82 $317,001.00 to $318,000.00 $2,214.55 $1439.46 $318,001.00 to $319,000.00 $2,220.15 $1443.10 $319,001.00 to $320,000.00 $2,225.75 $1446.74 $320,001.00 to $321,000.00 $2,231.35 $1450.38 $321,001.00 to $322,000.00 $2,236.95 $1454.02 $322,001.00 to $323,000.00 $2,242.55 $1457.66 $323,001.00 to $324,000.00 $2,248.15 $1461.30 $324,001.00 to $325,000.00 $2,253.75 $1464.94 $325,001.00 to $326,000.00 $2,259.35 $1468.58 $326,001.00 to $327,000.00 $2,264.95 $1472.22 $327,001.00 to $328,000.00 $2,270.55 $1475.86 $328,001.00 to $329,000.00 $2,276.15 $1479.50 $329,001.00 to $330,000.00 $2,281.75 $1483.14 $330,001.00 to $331,000.00 $2,287.35 $1486.78 $331,001.00 to $332,000.00 $2,292.95 $1490.42 $332,001.00 to $333,000.00 $2,298.55 $1494.06 $333,001.00 to $334,000.00 $2,304.15 $1497.70 $334,001.00 to $335,000.00 $2,309.75 $1501.34 $335,001.00 to $336,000.00 $2,315.35 $1504.98 $336,001.00 to $337,000.00 $2,320.95 $1508.62 $337,001.00 to $338,000.00 $2,326.55 $1512.26 $338,001.00 to $339,000.00 $2,332.15 $1515.90 $339,001.00 to $340,000.00 $2,337.75 $1519.54 $340,001.00 to $341,000.00 $2,343.35 $1523.18 $341,001.00 to $342,000.00 $2,348.95 $1526.82 $342,001.00 to $343,000.00 $2,354.55 $1530.46 $343,001.00 to $344,000.00 $2,360.15 $1534.10 $344,001.00 to $345,000.00 $2,365.75 $1537.74 $345,001.00 to $346,000.00 $2,371.35 $1541.38 Attachment A - pg 4 of 12 City of Mendota Heights - Building Permit Fees Valuation Permit Fees Plan Review $346,001.00 to $347,000.00 $2,376.95 $1545.02 $347,001.00 to $348,000.00 $2,382.55 $1548.66 $348,001.00 to $349,000.00 $2,388.15 $1552.30 $349,001.00 to $350,000.00 $2,393.75 $1555.94 $350,001.00 to $351,000.00 $2,399.35 $1559.58 $351,001.00 to $352,000.00 $2,404.95 $1563.22 $352,001.00 to $353,000.00 $2,410.55 $1566.86 $353,001.00 to $354,000.00 $2,416.15 $1570.50 $354,001.00 to $355,000.00 $2,421.75 $1574.14 $355,001.00 to $356,000.00 $2,427.35 $1577.78 $356,001.00. to $357,000.00 $2,432.95 $1581.42 $357,001.00 to $358,000.00 $2,438.55 $1585.06 $358,001.00 to $359,000.00 $2,444.15 $1588.70 $359,001.00 to $360,000.00 $2,449.75 $1592.34 $360,001.00 to $361,000.00 $2,455.35 $1595.98 $361,001.00 to $362,000.00 $2,460.95 $1599.62 $362,001.00 to $363,000.00 $2,466.55 $1603.26 $363,001.00 to $364,000.00 $2,472.15 $1606.90 $364,001.00 to $365,000.00 $2,477.75 $1610.54 $365,001.00 to $366,000.00 $2,483.35 $1614.18 $366,001.00 to $367,000.00 $2,488.95 $1617.82 $367,001.00 to $368,000.00 $2,494.55 $1621.46 $368,001.00 to $369,000.00 $2,500.15 $1625.10 $369,001.00 to $370,000.00 $2,505.75 $1628.74 $370,001.00 to $371,000.00 $2,511.35 $1632.38 $371,001.00 to $372,000.00 $2,516.95 $1636.02 $372,001.00 to $373,000.00 $2,522.55 $1639.66 $373,001.00 to $374,000.00 $2,528.15 $1643.30 $374,001.00 to $375,000.00 $2,533.75 $1646.94 $375,001.00 to $376,000.00 $2,539.35 $1650.58 $376,001.00 to $377,000.00 $2,544.95 $1654.22 $377,001.00 to $378,000.00 $2,550.55 $1657.86 $378,001.00 to $379,000.00 $2,556.15 $1661.50 $379,001.00 to $380,000.00 $2,561.75 $1665.14 $380,001.00 to $381,000.00 $2,567.35 $1668.78 $381,001.00 to $382,000.00 $2,572.95 $1672.42 $382,001.00 to $383,000.00 $2,578.55 $1676.06 $383,001.00 to $384,000.00 $2,584.15 $1679.70 $384,001.00 to $385,000.00 $2,589.75 $1683.34 $385,001.00 to $386,000.00 $2,595.35 $1686.98 $386,001.00 to $387,000.00 $2,600.95 $1690.62 $387,001.00 to $388,000.00 $2,606.55 $1694.26 $388,001.00 to $389,000.00 $2,612.15 $1697.90 $389,001.00 to $390,000.00 $2,617.75 $1701.54 $390,001.00 to $391,000.00 $2,623.35 $1705.18 page 35 To figure surcharge .0005 x valuation Valuation Permit Fees Plan Review $391,001.00 to $392,000.00 $2,628.95 $1708.82 $392,001.00 to $393,000.00 $2,634.55 $1712.46 $393,001.00 to $394,000.00 $2,640.15 $1716.10 $394,001.00 to $395,000.00 $2,645.75 $1719.74 $395,001.00 to $396,000.00 $2,651.35 $1723.38 $396,001.00 to $397,000.00 $2,656.95 $1727.02 $397,001.00 to $398,000.00 $2,662.55 $1730.66 $398,001.00 to $399,000.00 $2,668.15 $1734.30 $399,001.00 to $400,000.00 $2,673.75 $1737.94 $400,001.00 to $401,000.00 $2,679.35 $1741.58 $401,001.00 to $402,000.00 $2,684.95 $1745.22 $402,001.00 to $403,000.00 $2,690.55 $1748.86 $403,001.00 to $404,000.00 $2,696.15 $1752.50 $404,001.00 to $405,000.00 $2,701.75 $1756.14 $405,001.00 to $406,000.00 $2,707.35 $1759.78 $406,001.00 to $407,000.00 $2,712.95 $1763.42 $407,001.00 to $408,000.00 $2,718.55 $1767.06 $408,001.00 to $409,000.00 $2,724.15 $1770.70 $409,001.00 to $410,000.00 $2,729.75 $1774.34 $410,001.00 to $411,000.00 $2,735.35 $1777.98 $411,001.00 to $412,000.00 $2,740.95 $1781.62 $412,001.00 to $413,000.00 $2,746.55 $1785.26 $413,001.00 to $414,000.00 $2,752.15 $1788.90 $414,001.00 to $415,000.00 $2,757.75 $1792.54 $415,001.00 to $416,000.00 $2,763.35 $1796.18 $416,001.00 to $417,000.00 $2,768.95 $1799.82 $417,001.00 to $418,000.00 $2,774.55 $1803.46 $418,001.00 to $419,000.00 $2,780.15 $1807.10 $419,001.00 to $420,000.00 $2,785.75 $1810.74 $420,001.00 to $421,000.00 $2,791.35 $1814.38 $421,001.00 to $422,000.00 $2,796.95 $1818.02 $422,001.00 to $423,000.00 $2,802.55 $1821.66 $423,001.00 to $424,000.00 $2,808.15 $1825.30 $424,001.00 to $425,000.00 $2,813.75 $1828.94 $425,001.00 to $426,000.00 $2,819.35 $1832.58 $426,001.00 to $427,000.00 $2,824.95 $1836.22 $427,001.00 to $428,000.00 $2,830.55 $1839.86 $428,001.00 to $429,000_00 $2,836.15 $1843.50 $429,001.00 to $430,000.00 $2,841.75 $1847.14 $430,001.00 to $431,000.00 $2,847.35 $1850.78 $431,001.00 to $432,000.00 $2,852.95 $1854.42 $432,001.00 to $433,000.00 $2,858.55 $1858.06 $433,001.00 to $434,000.00 $2,864.15 $1861.70 $434,001.00 to $435,000.00 $2,869.75 $1865.34 $435,001.00 to $436,000.00 $2,875.35 $1868.98 Attachment A - pg 5 of 12 City of Mendota Heights - Building Permit Fees Valuation Permit Fees Plan Review $436,001.00 to $437,000.00 $2,880.95 $1872.62 $437,001.00 to $438,000.00 $2,886.55 $1876.26 $438,001.00 to $439,000.00 $2,892.15 $1879.90 $439,001.00 to $440,000.00 $2,897.75 $1883.54 $440,001.00 to $441,000.00 $2,903.35 $1887.18 $441,001.00 to $442,000.00 $2,908.95 $1890.82 $442,001.00 to $443,000.00 $2,914.55 $1894.46 $443,001.00 to $444,000.00 $2,920.15 $1898.10 $444,001.00 to $445,000.00 $2,925.75 $1901.74 $445,001.00 to $446,000.00 $2,931.35 $1905.38 $446,001.00 to $447,000.00 $2,936.95 $1909.02 $447,001.00 to $448,000.00 $2,942.55 $1912.66 $448,001.00 to $449,000.00 $2,948.15 $1916.30 $449,001.00 to $450,000.00 $2,953.75 $1919.94 $450,001.00 to $451,000.00 $2,959.35 $1923.58 $451,001.00 to $452,000.00 $2,964.95 $1927.22 $452,001.00 to $453,000.00 $2,970.55 $1930.86 $453,001.00 to $454,000.00 $2,976.15 $1934.50 $454,001.00 to $455,000.00 $2,981.75 $1938.14 $455,001.00 to $456,000.00 $2,987.35 $1941.78 $456,001.00 to $457,000.00 $2,992.95 $1945.42 $457,001.00 to $458,000.00 $2,998.55 $1949.06 $458,001.00 to $459,000.00 $3,004.15 $1952.70 $459,001.00 to $460,000.00 $3,009.75 $1956.34 $460,001.00 to $461,000.00 $3,015.35 $1959.98 $461,001.00 to $462,000.00 $3,020.95 $1963.62 $462,001.00 to $463,000.00 $3,026.55 $1967.26 $463,001.00 to $464,000.00 $3,032.15 $1970.90 $464,001.00 to $465,000.00 $3,037.75 $1974.54 $465,001.00 to $466,000.00 $3,043.35 $1978.18 $466,001.09 to $467,000.00 $3,048.95 $1981.82 $467,001.00 to $468,000.00 $3,054.55 $1985.46 $468,001.00 to $469,000.00 $3,060.15 $1989.10 $469,001.00 to $470,000.00 $3,065.75 $1992.74 $470,001.00 to $471,000.00 $3,071.35 $1996.38 $471,001.00 to $472,000.00 $3,076.95 $2000.02 $472,001.00 to $473,000.00 $3,082.55 $2003.66 $473,001.00 to $474,000.00 $3,088.15 $2007.30 $474,001.00 to $475,000.00 $3,093.75 $2010.94 $475,001.00 to $476,000.00 $3,099.35 $2014.58 $476,001.00 to $477,000.00 $3,104.95 $2018.22 $477,001.00 to $478,000.00 $3,110.55 $2021.86 $478,001.00 to $479,000.00 $3,116.15 $2025.50 $479,001.00 to $480,000.00 $3,121.75 $2029.14 $480,001.00 to $481,000.00 $3,127.35 $2032.78 page 36 To figure surcharge .0005 x valuation Valuation Permit Fees Plan Review $481,001.00 to $482,000.00 $3,132.95 $2036.42 $482,001.00 to $483,000.00 $3,138.55 $2040.06 $483,001.00 to $484,000.00 $3,144.15 $2043.70 $484,001.00 to $485,000.00 $3,149.75 $2047.34 $485,001.00 to $486,000.00 $3,155.35 $2050.98 $486,001.00 to $487,000.00 $3,160.95 $2054.62 $487,001.00 to $488,000.00 $3,166.55 $2058.26 $488,001.00 to $489,000.00 $3,172.15 $2061.90 $489,001.00 to $490,000.00 $3,177.75 $2065.54 $490,001.00 to $491,000.00 $3,183.35 $2069.18 $491,001.00 to $492,000.00 $3,188.95 $2072.82 $492,001.00 to $493,000.00 $3,194.55 $2076.46 $493,001.00 to $494,000.00 $3,200.15 $2080.10 $494,001.00 to $495,000.00 $3,205.75 $2083.74 $495,001.00 to $496,000.00 $3,211.35 $2087.38 $496,001.00 to $497,000.00 $3,216.95 $2091.02 $497,001.00 to $498,000.00 $3,222.55 $2094.66 $498,001.00 to $499,000.00 $3,228.15 $2098.30 $499,001.00 to $500,000.00 $3,233.75 $2101.94 $500,001.00 to $501,000.00 $3,238.50 $2105.03 $501,001.00 to $502,000.00 $3,243.25 $2108.11 $502,001.00 to $503,000.00 $3,248.00 $2111.20 $503,001.00 to $504,000.00 $3,252.75 $2114.29 $504,001.00 to $505,000.00 $3,257.50 $2117.38 $505,001.00 to $506,000.00 $3,262.25 $2120.46 $506,001.00 to $507,000.00 $3,267.00 $2123.55 $507,001.00 to $508,000.00 $3,271.75 $2126.64 $508,001.00 to $509,000.00 $3,276.50 $2129.73 $509,001.00 to $510,000.00 $3,281.25 $2132.81 $510,001.00 to $511,000.00 $3,286.00 $2135.90 $511,001.00 to $512,000.00 $3,290.75 $2138.99 $512,001.00 to $513,000.00 $3,295.50 $2142.08 $513,001.00 to $514,000.00 $3,300.25 $2145.16 $514,001.00 to $515,000.00 $3,305.00 $2148.25 $515,001.00 to $516,000.00 $3,309.75 $2151.34 $516,001.00 to $517,000.00 $3,314.50 $2154.43 $517,001.00 to $518,000.00 $3,319.25 $2157.51 $518,001.00 to $519,000.00 $3,324.00 $2160.60 $519,001.00 to $520,000.00 $3,328.75 $2163.69 $520,001.00 to $521,000.00 $3,333.50 $2166.78 $521,001.00 to $522,000.00 $3,338.25 $2169.86 $522,001.00 to $523,000.00 $3,343.00 $2172.95 $523,001.00 to $524,000.00 $3,347.75 $2176.04 $524,001.00 to $525,000.00 $3,352.50 $2179.13 $525,001.00 to $526,000.00 $3,357.25 $2182.21 Attachment A - pg 6 of 12 City of Mendota Heights - Building Permit Fees Valuation Permit Fees Plan Review $526,001.00 to $527,000.00 $3,362.00 $2185.30 $527,001.00 to $528,000.00 $3,366.75 $2188.39 $528,001.00 to $529,000.00 $3,371.50 $2191.48 $529,001.00 to $530,000.00 $3,376.25 $2194.56 $530,001.00 to $531,000.00 $3,381.00 $2197.65 $531,001.00 to $532,000.00 $3,385.75 $2200.74 $532,001.00 to $533,000.00 $3,390.50 $2203.83 $533,001.00 to $534,000.00 $3,395.25 $2206.91 $534,001.00 to $535,000.00 $3,400.00 $2210.00 $535,001.00 to $536,000.00 $3,404.75 $2213.09 $536,001.00 to $537,000.00 $3,409.50 $2216.18 $537,001.00 to $538,000.00 $3,414.25 $2219.26 $538,001.00 to $539,000.00 $3,419.00 $2222.35 $539,001.00 to $540,000.00 $3,423.75 $2225.44 $540,001.00 to $541,000.00 $3,428.50 $2228.53 $541,001.00 to $542,000.00 $3,433.25 $2231.61 $542,001.00 to $543,000.00 $3,438.00 $2234.70 $543,001.00 to $544,000.00 $3,442.75 $2237.79 $544,001.00 to $545,000.00 $3,447.50 $2240.88 $545,001.00 to $546,000.00 $3,452.25 $2243.96 $546,001.00 to $547,000.00 $3,457.00 $2247.05 $547,001.00 to $548,000.00 $3,461.75 $2250.14 $548,001.00 to $549,000.00 $3,466.50 $2253.23 $549,001.00 to $550,000.00 $3,471.25 $2256.31 $550,001.00 to $551,000.00 $3,476.00 $2259.40 $551,001.00 to $552,000.00 $3,480.75 $2262.49 $552,001.00 to $553,000.00 $3,485.50 $2265.58 $553,001.00 to $554,000.00 $3,490.25 $2268.66 $554,001.00 to $555,000.00 $3,495.00 $2271.75 $555,001.00 to $556,000.00 $3,499.75 $2274.84 $556,001.00 to $557,000.00 $3,504.50 $2277.93 $557,001.00 to $558,000.00 $3,509.25 $2281.01 $558,001.00 to $559,000.00 $3,514.00 $2284.10 $559,001.00 to $560,000.00 $3,518.75 $2287.19 $560,001.00 to $561,000.00 $3,523.50 $2290.28 $561,001.00 to $562,000.00 $3,528.25 $2293.36 $562,001.00 to $563,000.00 $3,533.00 $2296.45 $563,001.00 to $564,000.00 $3,537.75 $2299.54 $564,001.00 to $565,000.00 $3,542.50 $2302.63 $565,001.00 to $566,000.00 $3,547.25 $2305.71 $566,001.00 to $567,000.00 $3,552.00 $2308.80 $567,001.00 to $568,000.00 $3,556.75 $2311.89 $568,001.00 to $569,000.00 $3,561.50 $2314.98 $569,001.00 to $570,000.00 $3,566.25 $2318.06 $570,001.00 to $571,000.00 $3,571.00 $2321.15 page 37 To figure surcharge .0005 x valuation Valuation Permit Fees Plan Review $571,001.00 to $572,000.00 $3,575.75 $2324.24 $572,001.00 to $573,000.00 $3,580.50 $2327.33 $573,001.00 to $574,000.00 $3,585.25 $2330.41 $574,001.00 to $575,000.00 $3,590.00 $2333.50 $575,001.00 to $576,000.00 $3,594.75 $2336.59 $576,001.00 to $577,000.00 $3,599.50 $2339.68 $577,001.00 to $578,000.00 $3,604.25 $2342.76 $578,001.00 to $579,000.00 $3,609.00 $2345.85 $579,001.00 to $580,000.00 $3,613.75 $2348.94 $580,001.00 to $581,000.00 $3,618.50 $2352.03 $581,001.00 to $582,000.00 $3,623.25 $2355.11 $582,001.00 to $583,000.00 $3,628.00 $2358.20 $583,001.00 to $584,000.00 $3,632.75 $2361.29 $584,001.00 to $585,000.00 $3,637.50 $2364.38 $585,001.00 to $586,000.00 $3,642.25 $2367.46 $586,001.00 to $587,000.00 $3,647.00 $2370.55 $587,001.00 to $588,000.00 $3,651.75 $2373.64 $588,001.00 to $589,000.00 $3,656.50 $2376.73 $589,001.00 to $590,000.00 $3,661.25 $2379.81 $590,001.00 to $591,000.00 $3,666.00 $2382.90 $591,001.00 to $592,000.00 $3,670.75 $2385.99 $592,001.00 to $593,000.00 $3,675.50 $2389.08 $593,001.00 to $594,000.00 $3,680.25 $2392.16 $594,001.00 to $595,000.00 $3,685.00 $2395.25 $595,001.00 to $596,000.00 $3,689.75 $2398.34 $596,001.00 to $597,000.00 $3,694.50 $2401.43 $597,001.00 to $598,000.00 $3,699.25 $2404.51 $598,001.00 to $599,000.00 $3,704.00 $2407.60 $599,001.00 to $600,000.00 $3,708.75 $2410.69 $600,001.00 to $601,000.00 $3,713.50 $2413.78 $601 ,001.00 to $602,000.00 $3,718.25 $2416.86 $602,001.00 to $603,000.00 $3,723.00 $2419.95 $603,001.00 to $604,000.00 $3,727.75 $2423.04 $604,001.00 to $605,000.00 $3,732.50 $2426.13 $605,001.00 to $606,000.00 $3,737.25 $2429.21 $606,001.00 to $607,000.00 $3,742.00 $2432.30 $607,001.00 to $608,000.00 $3,746.75 $2435.39 $608,001.00 to $609,000.00 $3,751.50 $2438.48 $609,001.00 to $610,000.00 $3,756.25 $2441.56 $610,001.00 to $611,000.00 $3,761.00 $2444.65 $611,001.00 to $612,000.00 $3,765.75 $2447.74 $612,001.00 to $613,000.00 $3,770.50 $2450.83 $613,001.00 to $614,000.00 $3,775.25 $2453.91 $614,001.00 to $615,000.00 $3,780.00 $2457.00 $615,001.00 to $616,000.00 $3,784.75 $2460.09 Attachment A - pg 7 of 12 City of Mendota Heights - Building Permit Fees Valuation Permit Fees Plan Review $616,001.00 to $617,000.00 $3,789.50 $2463.18 $617,001.00 to $618,000.00 $3,794.25 $2466.26 $618,001.00 to $619,000.00 $3,799.00 $2469.35 $619,001.00 to $620,000.00 $3,803.75 $2472.44 $620,001.00 to $621,000.00 $3,808.50 $2475.53 $621,001.00 to $622,000.00 $3,813.25 $2478.61 $622,001.00 to $623,000.00 $3,818.00 $2481.70 $623,001.00 to $624,000.00 $3,822.75 $2484.79 $624,001.00 to $625,000.00 $3,827.50 $2487.88 $625,001.00 to $626,000.00 $3,832.25 $2490.96 $626,001.00 to $627,000.00 $3,837.00 $2494.05 $627,001.00 to $628,000.00 $3,841.75 $2497.14 $628,001.00 to $629,000.00 $3,846.50 $2500.23 $629,001.00 to $630,000.00 $3,851.25 $2503.31 $630,001.00 to $631,000.00 $3,856.00 $2506.40 $631,001.00 to $632,000.00 $3,860.75 $2509.49 $632,001.00 to $633,000.00 $3,865.50 $2512.58 $633,001.00 to $634,000.00 $3,870.25 $2515.66 $634,001.00 to $635,000.00 $3,875.00 $2518.75 $635,001.00 to $636,000.00 $3,879.75 $2521.84 $636,001.00 to $637,000.00 $3,884.50 $2524.93 $637,001.00 to $638,000.00 $3,889.25 $2528.01 $638,001.00 to $639,000.00 $3,894.00 $2531.10 $639,001.00 to $640,000.00 $3,898.75 $2534.19 $640,001.00 to $641,000.00 $3,903.50 $2537.28 $641,001.00 to $642,000.00 $3,908.25 $2540.36 $642,001.00 to $643,000.00 $3,913.00 $2543.45 $643,001.00 to $644,000.00 $3,917.75 $2546.54 $644,001.00 to $645,000.00 $3,922.50 $2549.63 $645,001.00 to $646,000.00 $3,927.25 $2552.71 $646,001.00 to $647,000.00 $3,932.00 $2555.80 $647,001.00 to $648,000.00 $3,936.75 $2558.89 $648,001.00 to $649,000.00 $3,941.50 $2561.98 $649,001.00 to $650,000.00 $3,946.25 $2565.06 $650,001.00 to $651,000.00 $3,951.00 $2568.15 $651,001.00 to $652,000.00 $3,955.75 $2571.24 $652,001.00 to $653,000.00 $3,960.50 $2574.33 $653,001.00 to $654,000.00 $3,965.25 $2577.41 $654,001.00 to $655,000.00 $3,970.00 $2580.50 $655,001.00 to $656,000.00 $3,974.75 $2583.59 $656,001.00 to $657,000.00 $3,979.50 $2586.68 $657,001.00 to $658,000.00 $3,984.25 $2589.76 $658,001.00 to $659,000.00 $3,989.00 $2592.85 $659,001.00 to $660,000.00 $3,993.75 $2595.94 $660,001.00 to $661,000.00 $3,998.50 $2599.03 page 38 To figure surcharge .0005 x valuation Valuation Permit Fees Plan Review $661,001.00 to $662,000.00 $4,003.25 $2602.11 $662,001.00 to $663,000.00 $4,008.00 $2605.20 $663,001.00 to $664,000.00 $4,012.75 $2608.29 $664,001.00 to $665,000.00 $4,017.50 $2611.38 $665,001.00 to $666,000.00 $4,022.25 $2614.46 $666,001.00 to $667,000.00 $4,027.00 $2617.55 $667,001.00 to $668,000.00 $4,031.75 $2620.64 $668,001.00 to $669,000.00 $4,036.50 $2623.73 $669,001.00 to $670,000.00 $4,041.25 $2626.81 $670,001.00 to $671,000.00 $4,046.00 $2629.90 $671,001.00 to $672,000.00 $4,050.75 $2632.99 $672,001.00 to $673,000.00 $4,055.50 $2636.08 $673,001.00 to $674,000.00 $4,060.25 $2639.16 $674,001.00 to $675,000.00 $4,065.00 $2642.25 $675,001.00 to $676,000.00 $4,069.75 $2645.34 $676,001.00 to $677,000.00 $4,074.50 $2648.43 $677,001.00 to $678,000.00 $4,079.25 $2651.51 $678,001.00 to $679,000.00 $4,084.00 $2654.60 $679,001.00 to $680,000.00 $4,088.75 $2657.69 $680,001.00 to $681,000.00 $4,093.50 $2660.78 $681,001.00 to $682,000.00 $4,098.25 $2663.86 $682,001.00 to $683,000.00 $4,103.00 $2666.95 $683,001.00 to $684,000.00 $4,107.75 $2670.04 $684,001.00 to $685,000.00 $4,112.50 $2673.13 $685,001.00 to $686,000.00 $4,117.25 $2676.21 $686,001.00 to $687,000.00 $4,122.00 $2679.30 $687,001.00 to $688,000.00 $4,126.75 $2682.39 $688,001.00 to $689,000.00 $4,131.50 $2685.48 $689,001.00 to $690,000.00 $4,136.25 $2688.56 $690,001.00 to $691,000.00 $4,141.00 $2691.65 $691,001.00 to $692,000.00 $4,145.75 $2694.74 $692,001.00 to $693,000.00 $4,150.50 $2697.83 $693,001.00 to $694,000.00 $4,155.25 $2700.91 $694,001.00 to $695,000.00 $4,160.00 $2704.00 $695,001.00 to $696,000.00 $4,164.75 $2707.09 $696,001.00 to $697,000.00 $4,169.50 $2710.18 $697,001.00 to $698,000.00 $4,174.25 $2713.26 $698,001.00 to $699,000.00 $4,179.00 $2716.35 $699,001.00 to $700,000.00 $4,183.75 $2719.44 $700,001.00 to $701,000.00 $4,188.50 $2722.53 $701,001.00 to $702,000.00 $4,193.25 $2725.61 $702,001.00 to $703,000.00 $4,198.00 $2728.70 $703,001.00 to $704,000.00 $4,202.75 $2731.79 $704,001.00 to $705,000.00 $4,207.50 $2734.88 $705,001.00 to $706,000.00 $4,212.25 $2737.96 Attachment A - pg 8 of 12 City of Mendota Heights - Building Permit Fees Valuation Permit Fees Plan Review $706,001.00 to $707,000.00 $4,217.00 $2741.05 $707,001.00 to $708,000.00 $4,221.75 $2744.14 $708,001.00 to $709,000.00 $4,226.50 $2747.23 $709,001.00 to $710,000.00 $4,231.25 $2750.31 $710,001.00 to $711,000.00 $4,236.00 $2753.40 $711,001.00 to $712,000.00 $4,240.75 $2756.49 $712,001.00 to $713,000.00 $4,245.50 $2759.58 $713,001.00 to $714,000.00 $4,250.25 $2762.66 $714,001.00 to $715,000.00 $4,255.00 $2765.75 $715,001.00 to $716,000.00 $4,259.75 $2768.84 $716,001.00 to $717,000.00 $4,264.50 $2771.93 $717,001.00 to $718,000.00 $4,269.25 $2775.01 $718,001.00 to $719,000.00 $4,274.00 $2778.10 $719,001.00 to $720,000.00 $4,278.75 $2781.19 $720,001.00 to $721,000.00 $4,283.50 $2784.28 $721,001.00 to $722,000.00 $4,288.25 $2787.36 $722,001.00 to $723,000.00 $4,293.00 $2790.45 $723,001.00 to $724,000.00 $4,297.75 $2793.54 $724,001.00 to $725,000.00 $4,302.50 $2796.63 $725,001.00 to $726,000.00 $4,307.25 $2799.71 $726,001.00 to $727,000.00 $4,312.00 $2802.80 $727,001.00 to $728,000.00 $4,316.75 $2805.89 $728,001.00 to $729',000.00 $4,321.50 $2808.98 $729,001.00 to $730,000.00 $4,326.25 $2812.06 $730,001.00 to $731,000.00 $4,331.00 $2815.15 $731,001.00 to $732,000.00 $4,335.75 $2818.24 $732,001.00 to $733,000.00 $4,340.50 $2821.33 $733,001.00 to $734,000.00 $4,345.25 $2824.41 $734,001.00 to $735,000.00 $4,350.00 $2827.50 $735,001.00 to $736,000.00 $4,354.75 $2830.59 $736,001.00 to $737,000.00 $4,359.50 $2833.68 $737,001.00 to $738,000.00 $4,364.25 $2836.76 $738,001.00 to $739,000.00 $4,369.00 $2839.85 $739,001.00 to $740,000.00 $4,373.75 $2842.94 $740,001.00 to $741,000.00 $4,378.50 $2846.03 $741,001.00 to $742,000.00 $4,383.25 $2849.11 $742,001.00 to $743,000.00 $4,388.00 $2852.20 $743,001.00 to $744,000.00 $4,392.75 $2855.29 $744,001.00 to $745,000.00 $4,397.50 $2858.38 $745,001.00 to $746,000.00 $4,402.25 $2861.46 $746,001.00 to $747,000.00 $4,407.00 $2864.55 $747,001.00 to $748,000.00 $4,411.75 $2867.64 $748,001.00 to $749,000.00 $4,416.50 $2870.73 $749,001.00 to $750,000.00 $4,421.25 $2873.81 $750,001.00 to $751,000.00 $4,426.00 $2876.90 page 39 To figure surcharge .0005 x valuation Valuation Permit Fees Plan Review $751,001.00 to $752,000.00 $4,430.75 $2879.99 $752,001.00 to $753,000.00 $4,435.50 $2883.08 $753,001.00 to $754,000.00 $4,440.25 $2886.16 $754,001.00 to $755,000.00 $4,445.00 $2889.25 $755,001.00 to $756,000.00 $4,449.75 $2892.34 $756,001.00 to $757,000.00 $4,454.50 $2895.43 $757,001.00 to $758,000.00 $4,459.25 $2898.51 $758,001.00 to $759,000.00 $4,464.00 $2901.60 $759,001.00 to $760,000.00 $4,468.75 $2904.69 $760,001.00 to $761,000.00 $4,473.50 $2907.78 $761,001.00 to $762,000.00 $4,478.25 $2910.86 $762,001.00 to $763,000.00 $4,483.00 $2913.95 $763,001.00 to $764,000.00 $4,487.75 $2917.04 $764,001.00 to $765,000.00 $4,492.50 $2920.13 $765,001.00 to $766,000.00 $4,497.25 $2923.21 $766,001.00 to $767,000.00 $4,502.00 $2926.30 $767,001.00 to $768,000.00 $4,506.75 $2929.39 $768,001.00 to $769,000.00 $4,511.50 $2932.48 $769,001.00 to $770,000.00 $4,516.25 $2935.56 $770,001.00 to $771,000.00 $4,521.00 $2938.65 $771,001.00 to $772,000.00 $4,525.75 $2941.74 $772,001.00 to $773,000.00 $4,530.50 $2944.83 $773,001.00 to $774,000.00 $4,535.25 $2947.91 $774,001.00 to $775,000.00 $4,540.00 $2951.00 $775,001.00 to $776,000.00 $4,544.75 $2954.09 $776,001.00 to $777,000.00 $4,549.50 $2957.18 $777,001.00 to $778,000.00 $4,554.25 $2960.26 $778,001.00 to $779,000.00 $4,559.00 $2963.35 $779,001.00 to $780,000.00 $4,563.75 $2966.44 $780,001.00 to $781,000.00 $4,568.50 $2969.53 $781,001.00 to $782,000.00 $4,573.25 $2972.61 $782,001.00 to $783,000.00 $4,578.00 $2975.70 $783,001.00 to $784,000.00 $4,582.75 $2978.79 $784,001.00 to $785,000.00 $4,587.50 $2981.88 $785,001.00 to $786,000.00 $4,592.25 $2984.96 $786,001.00 to $787,000.00 $4,597.00 $2988.05 $787,001.00 to $788,000.00 $4,601.75 $2991.14 $788,001.00 to $789,000.00 $4,606.50 $2994.23 $789,001.00 to $790,000.00 $4,611.25 $2997.31 $790,001.00 to $791,000.00 $4,616.00 $3000.40 $791,001.00 to $792,000.00 $4,620.75 $3003.49 $792,001.00 to $793,000.00 $4,625.50 $3006.58 $793,001.00 to $794,000.00 $4,630.25 $3009.66 $794,001.00 to $795,000.00 $4,635.00 $3012.75 $795,001.00 to $796,000.00 $4,639.75 $3015.84 Attachment A - pg 9 of 12 City of Mendota Heights - Building Permit Fees Valuation Permit Fees Plan Review $796,001.00 to $797,000.00 $4,644.50 $3018.93 $797,001.00 to $798,000.00 $4,649.25 $3022.01 $798,001.00 to $799,000.00 $4,654.00 $3025.10 $799,001.00 to $800,000.00 $4,658.75 $3028.19 $800,001.00 to $801,000.00 $4,663.50 $3031.28 $801,001.00 to $802,000.00 $4,668.25 $3034.36 $802,001.00 to $803,000.00 $4,673.00 $3037.45 $803,001.00 to $804,000.00 $4,677.75 $3040.54 $804,001.00 to $805,000.00 $4,682.50 $3043.63 $805,001.00 to $806,000.00 $4,687.25 $3046.71 $806,001.00 to $807,000.00 $4,692.00 $3049.80 $807,001.00 to $808,000.00 $4,696.75 $3052.89 $808,001.00 to $809,000.00 $4,701.50 $3055.98 $809,001.00 to $810,000.00 $4,706.25 $3059.06 $810,001.00 to $811,000.00 $4,711.00 $3062.15 $811,001.00 to $812,000.00 $4,715.75 $3065.24 $812,001.00 to $813,000.00 $4,720.50 $3068.33 $813,001.00 to $814,000.00 $4,725.25 $3071.41 $814,001.00 to $815,000.00 $4,730.00 $3074.50 $815,001.00 to $816,000.00 $4,734.75 $3077.59 $816,001.00 to $817,000.00 $4,739.50 $3080.68 $817,001.00 to $818,000.00 $4,744.25 $3083.76 $818,001.00 to $819,000.00 $4,749.00 $3086.85 $819,001.00 to $820,000.00 $4,753.75 $3089.94 $820,001.00 to $821,000.00 $4,758.50 $3093.03 $821,001.00 to $822,000.00 $4,763.25 $3096.11 $822,001.00 to $823,000.00 $4,768.00 $3099.20 $823,001.00 to $824,000.00 $4,772.75 $3102.29 $824,001.00 to $825,000.00 $4,777.50 $3105.38 $825,001.00 to $826,000.00 $4,782.25 $3108.46 $826,001.00 to $827,000.00 $4,787.00 $3111.55 $827,001.00 to $828,000.00 $4,791.75 $3114.64 $828,001.00 to $829,000.00 $4,796.50 $3117.73 $829,001.00 to $830,000.00 $4,801.25 $3120.81 $830,001.00 to $831,000.00 $4,806.00 $3123.90 $831,001.00 to $832,000.00 $4,810.75 $3126.99 $832,001.00 to $833,000.00 $4,815.50 $3130.08 $833,001.00 to $834,000.00 $4,820.25 $3133.16 $834,001.00 to $835,000.00 $4,825.00 $3136.25 $835,001.00 to $836,000.00 $4,829.75 $3139.34 $836,001.00 to $837,000.00 $4,834.50 $3142.43 $837,001.00 to $838,000.00 $4,839.25 $3145.51 $838,001.00 to $839,000.00 $4,844.00 $3148.60 $839,001.00 to $840,000.00 $4,848.75 $3151.69 $840,001.00 to $841,000.00 $4,853.50 $3154.78 page 40 To figure surcharge .0005 x valuation Valuation Permit Fees Plan Review $841,001.00 to $842,000.00 $4,858.25 $3157.86 $842,001.00 to $843,000.00 $4,863.00 $3160.95 $843,001.00 to $844,000.00 $4,867.75 $3164.04 $844,001.00 to $845,000.00 $4,872.50 $3167.13 $845,001.00 to $846,000.00 $4,877.25 $3170.21 $846,001.00 to $847,000.00 $4,882.00 $3173.30 $847,001.00 to $848,000.00 $4,886.75 $3176.39 $848,001.00 to $849,000.00 $4,891.50 $3179.48 $849,001.00 to $850,000.00 $4,896.25 $3182.56 $850,001.00 to $851,000.00 $4,901.00 $3185.65 $851,001.00 to $852,000.00 $4,905.75 $3188.74 $852,001.00 to $853,000.00 $4,910.50 $3191.83 $853,001.00 to $854,000.00 $4,915.25 $3194.91 $854,001.00 to $855,000.00 $4,920.00 $3198.00 $855,001.00 to $856,000.00 $4,924.75 $3201.09 $856,001.09 to $857,000.00 $4,929.50 $3204.18 $857,001.00 to $858,000.00 $4,934.25 $3207.26 $858,001.00 to $859,000.00 $4,939.00 $3210.35 $859,001.00 to $860,000.00 $4,943.75 $3213.44 $860,001.00 to $861,000.00 $4,948.50 $3216.53 $861,001.00 to $862,000.00 $4,953.25 $3219.61 $862,001.00 to $863,000.00 $4,958.00 $3222.70 $863,001.00 to $864,000.00 $4,962.75 $3225.79 $864,001.00 to $865,000.00 $4,967.50 $3228.88 $865,001.00 to $866,000.00 $4,972.25 $3231.96 $866,001.00 to $867,000.00 $4,977.00 $3235.05 $867,001.00 to $868,000.00 $4,981.75 $3238.14 $868,001.00 to $869,000.00 $4,986.50 $3241.23 $869,001.00 to $870,000.00 $4,991.25 $3244.31 $870,001.00 to $871,000.00 $4,996.00 $3247.40 $871,001.00 to $872,000.00 $5,000.75 $3250.49 $872,001.00 to $873,000.00 $5,005.50 $3253.58 $873,001.00 to $874,000.00 $5,010.25 $3256.66 $874,001.00 to $875,000.00 $5,015.00 $3259.75 $875,001.00 to $876,000.00 $5,019.75 $3262.84 $876,001.00 to $877,000.00 $5,024.50 $3265.93 $877,001.00 to $878,000.00 $5,029.25 $3269.01 $878,001.00 to $879,000.00 $5,034.00 $3272.10 $879,001.00 to $880,000.00 $5,038.75 $3275.19 $880,001.00 to $881,000.00 $5,043.50 $3278.28 $881,001.00 to $882,000.00 $5,048.25 $3281.36 $882,001.00 to $883,000.00 $5,053.00 $3284.45 $883,001.00 to $884,000.00 $5,057.75 $3287.54 $884,001.00 to $885,000.00 $5,062.50 $3290.63 $885,001.00 to $886,000.00 $5,067.25 $3293.71 Attachment A - pg 10 of 12 City of Mendota Heights - Building Permit Fees Valuation Permit Fees Plan Review $886,001.00 to $887,000.00 $5,072.00 $3296.80 $887,001.00 to $888,000.00 $5,076.75 $3299.89 $888,001.00 to $889,000.00 $5,081.50 $3302.98 $889,001.00 to $890,000.00 $5,086.25 $3306.06 $890,001.00 to $891,000.00 $5,091.00 $3309.15 $891,001.00 to $892,000.00 $5,095.75 $3312.24 $892,001.00 to $893,000.00 $5,100.50 $3315.33 $893,001.00 to $894,000.00 $5,105.25 $3318.41 $894,001.00 to $895,000.00 $5,110.00 $3321.50 $895,001.00 to $896,000.00 $5,114.75 $3324.59 $896,001.00 to $897,000.00 $5,119.50 $3327.68 $897,001.00 to $898,000.00 $5,124.25 $3330.76 $898,001.00 to $899,000.00 $5,129.00 $3333.85 $899,001.00 to $900,000.00 $5,133.75 $3336.94 $900,001.00 to $901,000.00 $5,138.50 $3340.03 $901,001.00 to $902,000.00 $5,143.25 $3343.11 $902,001.00 to $903,000.00 $5,148.00 $3346.20 $903,001.00 to $904,000.00 $5,152.75 $3349.29 $904,001.00 to $905,000.00 $5,157.50 $3352.38 $905,001.00 to $906,000.00 $5,162.25 $3355.46 $906,001.00 to $907,000.00 $5,167.00 $3358.55 $907,001.00 to $908,000.00 $5,171.75 $3361.64 $908,001.00 to $909,000.00 $5,176.50 $3364.73 $909,001.00 to $910,000.00 $5,181.25 $3367.81 $910,001.00 to $911,000.00 $5,186.00 $3370.90 $911,001.00 to $912,000.00 $5,190.75 $3373.99 $912,001.00 to $913,000.00 $5,195.50 $3377.08 $913,001.00 to $914,000.00 $5,200.25 $3380.16 $914,001.00 to $915,000.00 $5,205.00 $3383.25 $915,001.00 to $916,000.00 $5,209.75 $3386.34 $916,001.00 to $917,000.00 $5,214.50 $3389.43 $917,001.00 to $918,000.00 $5,219.25 $3392.51 $918,001.00 to $919,000.00 $5,224.00 $3395.60 $919,001.00 to $920,000.00 $5,228.75 $3398.69 $920,001.00 to $921,000.00 $5,233.50 $3401.78 $921,001.00 to $922,000.00 $5,238.25 $3404.86 $922,001.00 to $923,000.00 $5,243.00 $3407.95 $923,001.00 to $924,000.00 $5,247.75 $3411.04 $924,001.00 to $925,000.00 $5,252.50 $3414.13 $925,001.00 to $926,000.00 $5,257.25 $3417.21 $926,001.00 to $927,000.00 $5,262.00 $3420.30 $927,001.00 to $928,000.00 $5,266.75 $3423.39 $928,001.00 to $929,000.00 $5,271.50 $3426.48 $929,001.00 to $930,000.00 $5,276.25 $3429.56 $930,001.00 to $931,000.00 $5,281.00 $3432.65 page 41 To figure surcharge .0005 x valuation Valuation Permit Fees Plan Review $931,001.00 to $932,000.00 $5,285.75 $3435.74 $932,001.00 to $933,000.00 $5,290.50 $3438.83 $933,001.00 to $934,000.00 $5,295.25 $3441.91 $934,001.00 to $935,000.00 $5,300.00 $3445.00 $935,001.00 to $936,000.00 $5,304.75 $3448.09 $936,001.00 to $937,000.00 $5,309.50 $3451.18 $937,001.00 to $938,000.00 $5,314.25 $3454.26 $938,001.00 to $939,000.00 $5,319.00 $3457.35 $939,001.00 to $940,000.00 $5,323.75 $3460.44 $940,001.00 to $941,000.00 $5,328.50 $3463.53 $941,001.00 to $942,000.00 $5,333.25 $3466.61 $942,001.00 to $943,000.00 $5,338.00 $3469.70 $943,001.00 to $944,000.00 $5,342.75 $3472.79 $944,001.00 to $945,000.00 $5,347.50 $3475.88 $945,001.00 to $946,000.00 $5,352.25 $3478.96 $946,001.00 to $947,000.00 $5,357.00 $3482.05 $947,001.00 to $948,000.00 $5,361.75 $3485.14 $948,001.00 to $949,000.00 $5,366.50 $3488.23 $949,001.00 to $950,000.00 $5,371.25 $3491.31 $950,001.00 to $951,000.00 $5,376.00 $3494.40 $951,001.00 to $952,000.00 $5,380.75 $3497.49 $952,001.00 to $953,000.00 $5,385.50 $3500.58 $953,001.00 to $954,000.00 $5,390.25 $3503.66 $954,001.00 to $955,000.00 $5,395.00 $3506.75 $955,001.00 to $956,000.00 $5,399.75 $3509.84 $956,001.00 to $957,000.00 $5,404.50 $3512.93 $957,001.00 to $958,000.00 $5,409.25 $3516.01 $958,001.00 to $959,000.00 $5,414.00 $3519.10 $959,001.00 to $960,000.00 $5,418.75 $3522.19 $960,001.00 to $961,000.00 $5,423.50 $3525.28 $961,001.00 to $962,000.00 $5,428.25 $3528.36 $962,001.00 to $963,000.00 $5,433.00 $3531.45 $963,001.00 to $964,000.00 $5,437.75 $3534.54 $964,001.00 to $965,000.00 $5,442.50 $3537.63 $965,001.00 to $966,000.00 $5,447.25 $3540.71 $966,001.00 to $967,000.00 $5,452.00 $3543.80 $967,001.00 to $968,000.00 $5,456.75 $3546.89 $968,001.00 to $969,000.00 $5,461.50 $3549.98 $969,001.00 to $970,000.00 $5,466.25 $3553.06 $970,001.00 to $971,000.00 $5,471.00 $3556.15 $971,001.00 to $972,000.00 $5,475.75 $3559.24 $972,001.00 to $973,000.00 $5,480.50 $3562.33 $973,001.00 to $974,000.00 $5,485.25 $3565.41 $974,001.00 to $975,000.00 $5,490.00 $3568.50 $975,001.00 to $976,000.00 $5,494.75 $3571.59 Attachment A - pg 11 of 12 City of Mendota Heights - Building Permit Fees Valuation Permit Fees Plan Review $976,001.00 to $977,000.00 $5,499.50 $3574.68 $977,001.00 to $978,000.00 $5,504.25 $3577.76 $978,001.00 to $979,000.00 $5,509.00 $3580.85 $979,001.00 to $980,000.00 $5,513.75 $3583.94 $980,001.00 to $981,000.00 $5,518.50 $3587.03 $981,001.00 to $982,000.00 $5,523.25 $3590.11 $982,001.00 to $983,000.00 $5,528.00 $3593.20 $983,001.00 to $984,000.00 $5,532.75 $3596.29 $984,001.00 to $985,000.00 $5,537.50 $3599.38 $985,001.00 to $986,000.00 $5,542.25 $3602.46 $986,001.00 to $987,000.00 $5,547.00 $3605.55 $987,001.00 to $988,000.00 $5,551.75 $3608.64 $988,001.00 to $989,000.00 $5,556.50 $3611.73 $989,001.00 to $990,000.00 $5,561.25 $3614.81 $990,001.00 to $991,000.00 $5,566.00 $3617.90 $991,001.00 to $992,000.00 $5,570.75 $3620.99 $992,001.00 to $993,000.00 $5,575.50 $3624.08 $993,001.00 to $994,000.00 $5,580.25 $3627.16 $994,001.00 to $995,000.00 $5,585.00 $3630.25 $995,001.00 to $996,000.00 $5,589.75 $3633.34 $996,001.00 to $997,000.00 $5,594.50 $3636.43 $997,001.00 to $998,000.00 $5,599.25 $3639.51 $998,001.00 to $999,000.00 $5,604.00 $3642.60 $999,001.00 to $1,000,000.00 $5,608.75 $3645.69 page 42 To figure surcharge .0005 x valuation Valuation Permit Fees Plan Review Attachment A - pg 12 of 12 mCITY OF MENDOTA HEIGHTS page 43 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.9940 fax www.mendota-heights.com DATE: January 6, 2015 TO: Mayor, City Council and City Administrator FROM: Kristen Schabacker, Finance Director SUBJECT: 2015 Financial Items BACKGROUND There are 3 items that need to be reviewed by the council on an annual basis. Two of the items have attached resolutions and the other item need to be authorized and reviewed by the council. • Each year the city designates financial institutions that may be used as depositories for city funds. The attached resolution lists those institutions that may be used in 2015. • Minnesota statue 118A.03 requires that to the extent city funds in a financial institution exceed FDIC insurance amounts, a collateral security be pledged to cover the difference. The attached resolution states the collateral that is in place for the city at American Bank. • The council needs to authorize the finance director to execute electronic payments and prepay claims. This is not a change in process, but an acknowledgement that there are claims paid prior to your approval on the agenda. This item was recommended to be formally authorized by the city auditors. BUDGET IMPACT N/A RECOMMENDATION Staff recommends that the Mendota Heights City Council approve the attached resolutions designating city depositories and accepting pledged securities. Staff recommends that the finance director is given the authority to prepay claims. This action requires a majority vote of the city council. page 44 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2015- 06 RESOLUTION ESTABLISHING 2015 CITY DEPOSITORIES OF FUNDS BE IT RESOLVED by the city council of the City of Mendota Heights that the following institutions be designated as depositories for city funds and securities for 2015: American Bank Wells Fargo Bank Cherokee State Bank Gateway Bank U.S. Bancorp Piper Jaffray & Co. TCF National Bank Minnesota Municipal Money Market Fund Wells Fargo Advisors, Inc. BE IT FURTHER RESOLVED that investments of city funds be in any securities authorized by Minnesota Statutes Chapters 118.A04. Adopted by the City Council of the City of Mendota Heights this 6th day of January, 2015. CITY COUNCIL CITY OF MENDOTA HEIGHTS BY Sandra Krebsbach, Mayor ATTEST: Lorri Smith, City Clerk page 45 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 2015- 07 RESOLUTION ACCEPTING PLEDGED SECURITIES FOR 2015 WHEREAS, every designated depository of city funds must provide collateral or other security to the city to protect against financial loss, pursuant to Minnesota Statutes Chapter 118A.03 and 427.01; and WHEREAS, all financial institutions designated as depositories for 2015 are members of the Federal Deposit Insurance Corporation (FDIC) which provides suitable security up to established limits; and WHEREAS, the city's depositories in financial institutions routinely exceed these established limits necessitating the provision of additional security. NOW THEREFORE BE IT RESOLVED that the following pledged securities be accepted by the city as additional collateral for calendar year 2015. American Bank $1,100,000 FHLMC 1.40% due 8/22/2019 Adopted by the City Council of the City of Mendota Heights this 6th day of January, 2015. By ATTEST: Lorri Smith, City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor m CITY OF MENDOTA HEIGHTS DATE: January 6, 2015 TO: Mayor, and City Council FROM: Tamara Schutta, Interim City Administrator SUBJECT: Personnel Action Item page 46 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone A 651.452.9940 fax www.mendota-heights.com Item 1: Approval of Completion of Probationary Period for Park Lead John Boland Effective January 2, 2015, John Boland successfully completed his six-month probationary period for his promotion to Park Lead. Over the past six months, Mr. Boland has professionally managed the maintenance and repair work in all the city parks and public sites. The Park Lead position wage is $29.33 per hour based on the 2014 — 2015 Teamsters Labor Agreement. City staff recommends that the City Council officially appoint John Boland to the position of regular, full-time Park Lead, effective January 2, 2015. BUDGET IMPACT As noted above. RECOMMENDATION Staff recommends that the Mendota Heights City Council approves the action requested above for this item. au CITY OF MENDOTA HEIGHTS page 47 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone d 651.452.8940 fax www.mendota-heights.com DATE: January 6, 2015 TO: Mayor, City Council and Interim City Administrator FROM: Nolan Wall, AICP Planner SUBJECT: 2015 "Open To Business" Program Joint Powers Agreement BACKGROUND As part of the 2015 "Open to Business" Program through the Dakota County Community Development Agency (CDA), the following items are attached for review: 1. Dakota County CDA Resolution No. 14-5467 approving 2015 "Open To Business" Program 2. 2015 Contract for Services for the "Open To Business" Program between Dakota County CDA and Metropolitan Consortium of Community Developers (MCCD) 3. Proposed 2015 "Open To Business" Program Joint Powers Agreement between Dakota County CDA and the City of Mendota Heights This service is free to any Mendota Heights business or resident. The consultant from MCCD will be available for walk-in appointments, and can help plan and work through small business challenges, including: • Accounting and record keeping • Loan packaging • Business acquisition • Networking • Business start-up • Operations • Business plan development • Strategic planning • Cash flow, financial and business analysis • Commercial real estate analysis In addition, "Open to Business" advisors can assist entrepreneurs in identifying borrowing needs and financing options. Direct financing and loans up to $25,000 are also available through the "Open to Business" program. "Open to Business" consultants are provided by the MCCD. BUDGET IMPACT The 2015 proposed budget includes a contribution of $2,500 from the Business Development Fund to the $5,000 total fee. The Dakota County CDA provides the matching funds. RECOMMENDATION No resolution is required. Staff recommends that the City Council pass a motion APPROVING THE JOINT POWERS AGREEMENT BETWEEN THE DAKOTA COUNTY COMMUNITY DEVELPOMENT AGENCY AND THE CITY OF MENDOTA HEIGHTS FOR PARTICIPATION IN THE 2015 "OPEN TO BUSINESS" PROGRAM. This matter requires a simple majority vote. page 48 DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY BOARD OF COMMISSIONERS Meeting Date: December 16, 2014 Resolution No. 14-5467 Motion by Commissioner Schouweiler Seconded by Commissioner Gerlach Approve Participation in "Open To Business" Program for 2015 WHEREAS, the Dakota County Community Development Agency (CDA) was granted the powers of an economic development authority in 2000 by Minnesota Law and an authorizing resolution adopted by the Dakota County Board of Commissioners (Resolution No. 00-543); and WHEREAS, the Dakota County Board of Commissioners adopted an Economic Development Strategy on December 19, 2006 that sets forth Guiding Principles for Dakota County government involvement in economic development activities; and WHEREAS, community and economic development staff from the CDA and Dakota County cities identified the "Open To Business Program" as a collaborative economic development strategy to serve the needs of small businesses and potential entrepreneurs in Dakota County through the provision of business advisory services and access to capital; and WHEREAS, the CDA Board of Commissioners approved participation in and funding for the Open To Business program in 2013; and WHEREAS, the CDA entered into a contract with the Metropolitan Consortium of Community Developers (MCCD), pursuant to which MCCD would administer the Open To Business Program in Dakota County, and entered into a joint powers agreement with the participating Dakota County cities, pursuant to which the CDA would act as the fiduciary agent and administer a contract with MCCD; and WHEREAS, the CDA's portion of the cost of the program included a fifty percent (50%) match for each participating city, as well as covering the cost of serving the small cities and townships; and WHEREAS, the Open To Business program has shown success, assisting 136 businesses and entrepreneurs in 2013 and 176 businesses and entrepreneurs in the first three quarters of 2014, and providing $326,828 of funding for Dakota County businesses and entrepreneurs; and WHEREAS, MCCD agrees to continue the provision of Open To Business services in Dakota County in 2015 at the same cost as 2013 and 2014; and WHEREAS, the fiscal year end June 30, 2015 operating budget includes sufficient budget authority for this expense; and WHEREAS, the Open To Business program is consistent with the Economic Development Guiding Principles adopted by the Dakota County Board of Commissioners, in that it results from a collaborative approach, it is in response to a need for specialized expertise and economies of scale, it serves a need that is located in more than one community, and it is non -duplicative of other services. NOW, THEREFORE, BE IT RESOLVED, that the Dakota County Community Development Agency Board of Commissioners hereby: 1. Approves CDA participation in the Open to Business Program for 2015, subject to the participation of Dakota County cities sufficient to produce a minimum of $50,000 investment from the cities in the Open to Business Program. 2. Authorizes the Executive Director to execute a contract with MCCD for an amount not to exceed $135,000, of which the CDA's portion of the fee shall not exceed $71,250. page 49 3. Authorizes the Executive Director to execute a Joint Powers Agreement between the CDA and the participating cities, designating the CDA as fiscal agent for the contract with MCCD and requiring each city to submit a participation fee to the CDA. I, Cheryl Jacobson, as designee of the Executive Director, pursuant to the Dakota County Community Development Agency by-laws, do hereby certify that I have compared the foregoing copy of a resolution with the original minutes of the proceedings of the Dakota County Community Development Agency Board of Commissioners, at their regular session held on the 16th day of December 2014, now on file in the in the CDA Administration Department, and have found the same to be a true and correct copy thereof. Witness my hand and official seal of Dakota County CDA this 17th day of December 2014. Director of Administration Aye Nay Absent Abstain Slavik ® ❑ ❑ ❑ Gaylord ® ❑ ❑ ❑ Egan ® ❑ ❑ ❑ Schouweiler ® ❑ ❑ ❑ Workman ® ❑ ❑ ❑ Krause ❑ El ® ❑ Gerlach ® ❑ ❑ ❑ page 50 Contract for Services for the Open to Business Program THIS AGREEMENT is dated January , 2015 and is between the Dakota County Community Development Agency ("CDA") and Metropolitan Consortium of Community Developers, a Minnesota nonprofit corporation ("MCCD"). WHEREAS, the CDA, on behalf of itself and the eleven political subdivisions of the State of Minnesota listed on Exhibit A hereto (the "Local Government Entities"), which each have powers with respect to a city with a population over 10,000 (collectively the "Municipalities"), wishes to engage MCCD to render services under a model known as "Open to Business," an initiative providing small business technical assistance services to existing businesses and residents and other parties interested in opening a business within Dakota County (the "County") (the "Initiative"); and WHEREAS, MCCD has successfully provided the services required to administer and carry out the Initiative in Dakota County in 2013 and 2014; and WHEREAS, pursuant to CDA Resolution No. 14-5467, adopted on December 16, 2014 (the "Resolution"), the CDA is authorized to enter into this agreement with MCCD for the Initiative; and WHEREAS, pursuant to the Resolution and certain joint powers agreements to be entered into between the CDA and the Local Government Entities (the "Joint Powers Agreements"), the CDA will act as fiscal agent for the Local Government Entities in connection with this Agreement; and WHEREAS, the CDA will pay from its own funds 50% of the fee charged by MCCD for the Initiative in the Municipalities and 100% of the fee charged by MCCD for the Initiative in the small cities and townships within the County with populations of less than 10,000 people ("Small Cities and Townships"), as further described herein and in Exhibit A; and WHEREAS, pursuant to the Joint Powers Agreements, the Local Government Entities will be required to pay a Participation Fee to the CDA in accordance with the schedule in Exhibit A, representing the remaining 50% of the fee charged by MCCD for the Initiative in the Municipalities. Now therefore, for good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: TIME OF PERFORMANCE page 51 The term of this Agreement and the period during which MCCD will provide services hereunder will commence on January 1, 2015 and will end on December 31, 2015, subject to earlier termination as provided herein. MCCD will perform services necessary to carry out the Initiative as promptly as possible, and with the fullest due diligence. COMPENSATION Subject to reduction as provided below, the CDA will compensate MCCD for its services hereunder an amount equal to One Hundred Thirty -Five Thousand Dollars ($135,000) ("Contract Amount"). The CDA will pay such amount in two equal installments, the first no earlier than January 30, 2015 and the second no earlier than June 30, 2015, upon receipt of invoices from MCCD. Subject to the limits above, payments will be due within 15 days of receipt of the respective invoices. The portion of the Contract Amount payable from Participation Fees will be payable by the CDA only from and to the extent such Participation Fees are paid by the respective Local Government Entities. In the event a Local Government Entity does not pay to the CDA its Participation Fee in amounts and by the deadline described in Exhibit A, the CDA will notify MCCD, and MCCD will immediately cease the Initiative in that Municipality. Upon such termination, the Contract Amount will be reduced by an amount equal to the Participation Fee which such Local Government Entity did not pay and the amount the CDA would have paid as a matching payment. SCOPE OF SERVICES MCCD will provide technical assistance to existing businesses, residents and those parties interested in starting a business in any of the Municipalities and Small Cities and Townships as further described on Exhibit B and Exhibit C attached hereto, which sets forth the Dakota Open to Business Program Scope of Services. REPORTING MCCD will submit quarterly reports to the CDA in form and substance acceptable to the CDA. Reports will provide information in the aggregate for the County and will include a subreport for each Municipality and each of the Small Cities and Townships. Reports will include the following information: ➢ Number of inquiries ➢ Hours of technical assistance provided Type of assistance provided ➢ Type of business ➢ Annual sales revenue ➢ Number of businesses opened page 52 ➢ Number of business expanded/stabilized ➢ Number and amounts of financing packages ➢ Demographic information on entrepreneurs • Business address or resident address ➢ Number and wage of FTEs created ➢ Number and wage of FTEs retained The required reporting schedule is as follows: 1St quarter January — March, report due April 30th 2nd quarter April — June, report due July 31St 3rd quarter July— September, report due October 31' 4th quarter October — December, report due January 31St of 2015 In addition to the foregoing, MCCD will provide additional reports as reasonably requested by the CDA. PERSONNEL MCCD represents that it has, or will employ or contract for, at its own expense, all personnel required to perform the services necessary to carry out the Initiative. Such personnel will not be employees of, or have any contractual relationship with, the County, the CDA or any of the Local Government Entities. No tenure or any other rights or benefits, including worker's compensation, unemployment insurance, medical care, sick leave, vacation pay, severance pay, or any other benefits available to the County's, the CDA's or any of the Local Government Entities' employees shall accrue to MCCD or employees of MCCD performing services under this agreement. The MCCD is an independent contractor. All of the services required to carry out the Initiative will be performed by MCCD and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to perform such work. USE OF CDA OFFICE SPACE The CDA will make available a cubicle space for MCCD personnel at the CDA office building for use by MCCD in carrying out the Initiative. MCCD personnel will have access to the CDA's meeting rooms, wireless internet service, copy machines and printers. MCCD personnel shall comply with all CDA office rules and policies regarding the use of CDA office space, equipment and internet access. If the CDA, in its sole discretion, determines that MCCD Personnel have failed to comply with CDA office rules and policies, MCCD Personnel will be required to vacate the CDA office and the CDA will cease to provide MCCD office space to carry out the Initiative. page 53 INTEREST OF MEMBERS OF THE CDA AND OTHERS No officer, member, or employee of the CDA and no member of its governing body, and no other public official or governing body of any locality in which the Initiative is situated or being carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of the Initiative, will participate in the decision relating to this Agreement which affects his/her personal interest or the interest of any corporation, partnership, or association in which he/she is, directly or indirectly, interested or has any personal or pecuniary interest, direct or indirect, in this Agreement. ASSIGNABILTY MCCD will not assign any interest in this Agreement, and will not transfer any interest in the same without the prior written approval of the CDA. COMPLIANCE WITH LOCAL LAWS MCCD agrees to comply with all federal laws, statutes and applicable regulations of the State of Minnesota and the ordinances of the Local Government Entities. INSURANCE MCCD agrees at all times during the term of this Agreement, and beyond such term when so required, to have and keep in force the following insurance coverages: Limits 1. Commercial General Liability on an occurrence basis with contractual liability coverage: General Aggregate $2,000,000 Products—Completed Operations Aggregate 2,000,000 Personal and Advertising Injury 1,500,000 Each Occurrence—Combined Bodily Injury and Property Damage 1,500,000 2. Workers' Compensation and Employer's Liability: Workers' Compensation In the event that MCCD should hire employees or subcontract this work, MCCD shall obtain the required insurance. Statutory Employer's Liability. Bodily injury by: Accident—Each Accident 500,000 Disease—Policy Limit 500,000 Disease—Each Employee 500,000 INDEMNIFICATION page 54 MCCD agrees to defend, indemnify, and hold harmless the County, the CDA, the Local Government Entities, and each of their respective officials, officers, agents, volunteers and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of MCCD, its subcontractors, anyone directly or indirectly employed by MCCD or any of its subcontractors, and/or anyone for whose acts and/or omissions MCCD may be liable in the performance of the services required by this Agreement, and against all loss by reason of the failure of MCCD to perform any obligation under this Agreement. NOTICES A notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by mail, postage prepaid, return receipt requested, or delivered personally; and (a) In the case of MCCD, is addressed or delivered personally to: Metropolitan Consortium of Community Developers 3137 Chicago Avenue South Minneapolis, MN 55407 (b) In the case of the CDA is addressed or delivered personally to: Andrea Brennan, Director of Community and Economic Development Dakota County Community Development Agency 1228 Town Centre Dr. Eagan, MN 55123 or at such other address with respect to any party as that party may designate in writing and forward to the other as provide in the Section. MODIFICATION This Agreement may not be modified, changed, or amended in any manner whatsoever without the prior written approval of all the parties hereto. NON-DISCRIMINATION In connection with its activities under this Agreement, MCCD will not violate any Federal or State laws against discrimination. DEFAULT AND CANCELLATION Failure of the MCCD to perform any of its obligations under this Agreement to the satisfaction of the CDA will constitute a default hereunder. Unless MCCD's default is cured within 15 days following notice by the CDA, the CDA may (i) cancel this Agreement in its entirety by 5 additional days' written notice to MCCD, or (ii) withhold payment from MCCD as long as such default continues. page 55 MINNESOTA LAWS GOVERN The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the State of Minnesota. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. page 56 DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY By: Executive Director Date: MCCD By: Printed Name: Printed Title: Date: page 57 Exhibit A Local Government Entity Participation Fee Schedule Municipality Local Government Entity Total Fee CDA Share of Fee Local Government Entity Participation Fee Due 1/30/14 Eagan Eagan Economic Development Authority $15,000 $7,500 $7,500 Burnsville City of Burnsville $15,000 $7,500 $7,500 Lakeville City of Lakeville $15,000 $7,500 $7,500 Apple Valley Apple Valley Economic Development Authority $15,000 $7,500 $7,500 Inver Grove Heights Inver Grove Heights Economic Development Authority $12,500 $6,250 $6,250 Hastings Hastings Economic Development and Redevelopment Authority $10,000 $5,000 $5,000 Rosemount Rosemount Port Authority $10,000 $5,000 $5,000 Farmington Farmington Economic Development Authority $10,000 $5,000 $5,000 South St. Paul South St. Paul Housing and Redevelopment Authority $10,000 $5,000 $5,000 West St. Paul West St. Paul Economic Development Authority $10,000 $5,000 $5,000 Mendota Heights City of Mendota Heights $5,000 $2,500 $2,500 Small Cities and Townships n/a $7,500 $7,500 $0 Total $135,000 $71,250 $63,750 page 58 Exhibit B Dakota Open to Business Program Scope of Services Open to Business ("OTB") Technical Assistance Services MCCD will provide intensive one-on-one technical assistance to Municipalities' and Small Cities' and Townships' businesses, residents and aspiring entrepreneurs intending to establish, purchase, or improve a business in Municipalities and Small Cities and Townships within Dakota County (the "County"). MCCD will dedicate one full time staff person based in the County to provide the Technical Assistance Services ("Dakota OTB Staff"). In addition, MCCD will make available the expertise of all MCCD technical and support staff in the delivery of services to Dakota Open to Business Program. Technical assistance includes, but is not limited to, the following: ➢ Business plan development ➢ Feasibility analysis ➢ Marketing ➢ Cash flow and other financial projection development ➢ Operational analysis ➢ City and State licensing and regulatory assistance ➢ Loan packaging, and other assistance in obtaining financing ➢ Help in obtaining competent legal advice MCCD Dakota OTB Staff will be available to meet clients at the CDA office building, various Municipality city halls or at the client's place of business. MCCD Dakota OTB Staff will provide technical assistance on a walk-in basis monthly in each Municipality, if requested. MCCD will also hold two-hour "Test Drive Your Business Idea" sessions once a month in various Municipality locations. Open to Business Access to Capital Access to capital will be provided to qualifying businesses through MCCD's Emerging Small Business Loan Program (see Exhibit C Small Business Loan Program Guidelines below). MCCD also provides it's financing in partnership with other community lenders, banks or Local Government Entities interested in making capital available to residents and/or businesses in their community EXHIBIT C Small Business Loan Program Guidelines Loan Amounts: page 59 • Up to $25,000 for start-up businesses • Larger financing packages for established businesses • Designed to leverage other financing programs as well as private financing provided by the commercial banking community. Eligible Projects: • Borrowers must be a "for-profit" business. • Business must be complimentary to existing business community. • Borrowers must have equity injection as determined by fund management. Allowable Use of Proceeds: • Loan proceeds can be used for working capital, inventory, building and equipment and general business operations. Interest Rates: • Loan interest rate is dependent on use, term and other factors, not to exceed 10%. Loan Term Length: • Loan repayment terms will generally range from three to five years, but may be substantially longer for major asset financing such as commercial property. Fees and Charges: • Borrowers are responsible for paying all customary legal and other loan closing costs. page 60 JOINT POWERS AGREEMENT Open to Business Program THIS JOINT POWERS AGREEMENT (this "Agreement"), is made as of January 1, 2015, by and between the DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY (the "CDA"), a public body corporate and politic organized and existing under the laws of the State of Minnesota (the "State"), and each of the CITY OF BURNSVILLE, CITY OF LAKEVILLE, CITY OF MENDOTA HEIGHTS, INVER GROVE HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, APPLE VALLEY ECONOMIC DEVELOPMENT AUTHORITY, EAGAN ECONOMIC DEVELOPMENT AUTHORITY, HASTINGS ECONOMIC DEVELOPMENT AND REDEVELOPMENT AUTHORITY, ROSEMOUNT PORT AUTHORITY, FARMINGTON ECONOMIC DEVELOPMENT AUTHORITY, SOUTH ST. PAUL HOUSING AND REDEVELOPMENT AUTHORITY AND WEST ST. PAUL ECONOMIC DEVELOPMENT AUTHORITY, MINNESOTA (each individually a "Local Government Entity" and together the "Local Government Entities"), each a political subdivision of the State. RECITALS: A. In order to pursue common goals of fostering economic development, the CDA and the Local Government Entity Cities desire to engage the Metropolitan Consortium of Community Developers, a Minnesota non-profit corporation ("MCCD") to undertake the "Open To Business Program" (the "Program") within Dakota County (the "County"). B. Pursuant to the Program, MCCD will provide technical assistance and access to capital to small business and potential entrepreneurs in the County. C. The CDA and the Local Government Entities propose to jointly exercise their common economic development powers to undertake the Program. NOW, THEREFORE, in consideration of the mutual covenants and obligations of the CDA and each of the Local Government Entities, each party does hereby represent, covenant and agree with the others as follows: Section 1. Representations. Each of the Local Government Entities and the CDA makes the following representations as to itself as the basis for the undertaking on its part herein contained: (a) It is a political subdivision of the State of Minnesota with the power to enter into this Agreement and carry out its obligations hereunder. page 61 (b) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provisions of any restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which it is now a party or by which it is bound, or constitutes an event of default under any of the foregoing. Section 2. Powers to be Exercised. The powers to be jointly exercised pursuant to this Agreement are the powers of the CDA and the Local Government Entities under Minnesota Statutes, Chapter 469, to undertake activities to promote economic development within their respective jurisdictions. Section 3. Method for Exercising Common Powers; Funds. The CDA, on its own behalf and on behalf of the Local Government Entities, will initially enter into an agreement with MCCD in substantially the form attached hereto as Exhibit A (the "Agreement") to engage MCCD to operate the Program within Dakota County. The CDA and each of the Local Government Entities will make payments to MCCD as described in Exhibit A of the Agreement. The CDA may from time to time execute and deliver documents amending, modifying or extending the Agreement as it deems necessary or convenient, provided, that no such document will adversely affect services provided to, or amounts payable by, any Local Government Entity without the prior written consent of such Local Government Entity. Section 4. Limited Liability. Neither the CDA nor the any of the Local Government Entities shall be liable for the acts or omissions of the other in connection with the activities to be undertaken pursuant to this Agreement. To the extent permitted by law, (a) the CDA hereby indemnifies the Local Government Entities for costs associated with claims made against the Local Government Entities directly relating to actions taken by the CDA, and (b) each Local Government Entity hereby indemnifies the CDA for costs associated with claims made against the CDA directly relating to actions taken by such Local Government Entity. Nothing herein shall be deemed a waiver by the indemnifying party of the limits on liability set forth in Minnesota Statutes, Chapter 466; and the indemnifying party shall not be required to pay, on behalf of the indemnified party, any amounts in excess of the limits on liability set forth in Minnesota Statutes, Section 466.04, less any amounts the indemnifying party is required to pay on behalf of itself, its officers, agents and employees for claims arising out of the same occurrence. Section 5. Conflict of Interests; Representatives Not Individually Liable. The CDA and each of the Local Government Entities, to the best of its knowledge, represents and agrees that no member, official or employee of their respective bodies shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official or employee participate in any decision relating to this Agreement which affects his or her personal interests or the interests of any corporation, partnership, or association in which he or she is directly or indirectly interested. No member, official or employee of the CDA or any Local Government Entity shall be personally liable with respect to any default or breach by any of them or for any amount which may become due to the other party or successor or on any obligations under the terms of this Agreement. page 62 Section 6. Term; Distribution of Property. The term of this Agreement shall expire on December 31, 2015. There is no property which will be acquired by the CDA or any Local Government Entity pursuant to the Program which would need to be distributed at the end of the term hereof. Section 7. Notices and Demands. A notice, demand or other communication under this Agreement by any party to another shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested or delivered personally to the person and at the addresses identified on each signature page hereto, or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section. Section 8. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. [Remainder of page intentionally left blank] page 63 IN WITNESS WHEREOF, the CDA and the Local Government Entities have caused this Agreement to be duly executed in their respective names and behalf as of the date first above written, with actual execution on the dates set forth below. DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY Dated: By Its Executive Director Notice Address: Dakota County Community Development Agency 1228 Town Centre Drive Eagan, MN 55123 Attn: Andrea Brennan, Director of Community and Economic Development Dated: Notice Address: 1101 Victoria Curve Mendota Heights, MN 55118 Attn: page 64 CITY OF MENDOTA HEIGHTS By Its By Its page 65 Exhibit A Contract for Services for the Open To Business Program page 66 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone I 651.452.8940 fax www.mendota-heights.com Lnj DATE: TO: CITY OF MENIDOTA HEIGHTS January 6, 2015 Mayor, Council, and City Administrator FROM: Mike Aschenbrener, Chief of Police / Emergency Manager SUBJECT: Dakota County Drug Task Force (DCDTF) Joint Powers Agreement renewal Introduction The City of Mendota Heights Police Department is committed to 520 hours of service to the task force. In March of 2009 we renewed our commitment for 5 years. The drug task force in Dakota County focuses on all levels of offenders from the smallest local user to the major suppliers. As of May 1, 2014, we have no officer assigned to the drug task force, due to low staffing levels. However, once at full strength, we will select an officer to serve on the drug task force. Background The Joint Powers Agreement (JPA) renewal is essentially the same agreement we have used in the past to keep the task force operational. The current agreement will terminate 12-31-2014. There have been no changes to this JPA renewal from the JPA we were operating under for the past 5 years. With all of the scrutiny around JPA entities, this agreement was closely looked at before renewal in 2009 and updated. In 2014 the JPA was reviewed by Peggy Horsch of the Dakota County Attorney's Office to ensure the language was up to date. The JPA language was agreed upon by the County Attorney and all participating City Attorneys involved with the task force. The task force is funded by a grant from the State of Minnesota. The grant has been renewed and the drug task force will continue to operate under the JPA. Budget Implications This is a budgeted item for 2015. Attached • Joint Power Agreement (with all signature pages removed except Mendota Heights) Recommendations It is recommended that we continue to support the drug task force at the current level and look to increase our support if the grant is renewed for multiple years. Action Required Authorize the City Administrator to sign on behalf of the City of Mendota Heights and forward signed agreement to the Dakota County Drug Task Force. page 67 DAKOTA COUNTY DRUG TASK FORCE JOINT POWERS AGREEMENT The parties to this Agreement are units of government responsible for the enforcement of controlled substance laws in their respective jurisdictions. This Agreement is made pursuant to the authority conferred upon the parties by Minnesota Statutes §471.59. NOW THEREFORE, the undersigned governmental units, in the joint and mutual exercise of their powers, agree as follows: 1. Name. The parties hereby establish the Dakota County Drug Task Force ("Task Force"). 2. General Purpose. The purpose of this Agreement is to establish an organization to coordinate efforts to investigate illegal drug activity and assist in the prosecution of drug offenders. 3. Members. The members of this Agreement shall consist of the following units of government: City of Apple Valley City of Burnsville City of Eagan City of Farmington City of Hastings City of Inver Grove Heights City of Lakeville 4. Administrative Board. City of Mendota Heights City of Rosemount City of Savage City of South St. Paul City of West St. Paul Dakota County 4.1 Creation and Composition. A joint powers board, known as the Drug Task Force Administrative Board, is established for the purposes contained herein with the powers and duties set forth in this Agreement. The Board shall consist of one member from each of the member units of government, appointed by their respective police chief or sheriff, plus one member appointed by the Dakota County Attorney. Board members appointed by police chiefs and the sheriff must be full-time supervisory peace officers of their jurisdiction or office. Board members shall not be deemed employees of the Task Force and shall not be compensated by it. 4.2 Term. Board members shall serve at the pleasure of their respective police chief, sheriff or county attorney, or their legal successor. In the event that any Board member shall be removed by the appointing agency, the vacancy shall be filled by the appropriate appointing agency. 4.3 Officers. In January of each year, the Board shall elect from its members a chair, a vice -chair, a secretary/treasurer, and such other officers as it deems necessary to conduct its meetings and affairs. Officers shall serve for a term of one (1) year or until the officer ceases to be a board member, whichever is shorter. 4.4 Meetings. The Board shall have regular and special meetings at such times and places as the Board shall determine. Special meetings may be held on three (3) days' notice by the chair or any two (2) board members; except that a special meeting to consider adoption of or amendments to the Board's operating rules pursuant to paragraph 6.1 shall require ten (10) days' notice. The presence of two-thirds (2/3) of the board members at a meeting shall constitute a quorum. 4.5 Voting. Each Board member shall be entitled to one vote. Proxy voting is not permitted. The Board shall function by a majority vote of the board members present. DAKOTA COUNTY DRUG TASK FORCE 1 2015-2019 JOINT POWERS AGREEMENT page 68 5. Duties of the Administrative Board. 5.1 The Board shall formulate a program to carry out its purpose. 5.2 The Board shall coordinate intelligence between the members and the Task Force. 5.3 The Board shall appoint and supervise the Task Force Commander. The Board may appoint and supervise Team Leaders. All such appointments are subject to the concurrence of the Task Force Commander's police chief or sheriff. 5.4 The Board shall cause to be made an annual independent audit of the books and accounts of the Task Force and shall make and file a report to its members which includes the following information: (a) the financial condition of the Task Force; (b) the status of all Task Force projects; (c) the business transacted by the Task Force; and (d) other matters which affect the interests of the Task Force. 5.5 The Task Force's books, reports and records shall be open to inspection by its members at all reasonable times. 6. Powers of the Administrative Board. 6.1 The Board may adopt and amend such bylaws that it may deem necessary or desirable for the conduct of the business of the Board. Such bylaws shall be consistent with the terms of this Agreement and any applicable laws or regulations. 6.2 The Board may enter into any contract necessary or proper for the exercise of its powers or the fulfillment of its duties and enforce such contracts to the extent available in equity or at law. The Board may authorize the chair of the Board to execute those contracts. 6.3 The Board may disburse funds in a manner which is consistent with this Agreement and with the method provided by law for the disbursement of funds by the parties to this Agreement. 6.4 The Board may apply for and accept gifts, grants or loans of money or other property or assistance from- the United States Government, the State of Minnesota, or any person, association or agency for any of its purposes; enter into any agreement in connection therewith; and hold, use and dispose of such money, property or assistance in accordance with the terms of the gift, grant or loan relating thereto. 6.5 The Board may cooperate with other federal, state and local law enforcement agencies to accomplish the purpose for which it is organized. 6.6 The Board may contract with any of its members to take title to, hold, manage and convey real property obtained by the Board and on its behalf as a result of civil asset forfeiture proceedings; to enter into contracts regarding such real property; and to pay reasonable and necessary expenses related to the hold, managing and conveyance of such real property. The member shall be entitled to reimbursement for such expenses upon sale of the property and shall transmit any net proceeds to the Board. If expenses exceed the sale of proceeds, the Board shall reimburse the member from other funds. 6.7 The Board shall obtain liability insurance to indemnify the Board and its members for actions of the Board and the members of this Agreement arising out of this Agreement. DAKOTA COUNTY DRUG TASK FORCE 2 2015-2019 JOINT POWERS AGREEMENT page 69 6.8 The Board may hold such property as may be required to accomplish the purposes of this Agreement and upon termination of this Agreement make distribution of such property as provided for in this Agreement. 6.9 The Board may recommend changes in this Agreement to its members. 7. Budgeting and Funding. 7.1 The members intend to fund the cost of operation of the Task Force from grant funds and matching funds from member cities and Dakota County, from the proceeds of forfeiture actions, and from restitution. It is the members' intention that matching funds shall fund the continued cost of maintaining the replacement officers for the full-time officer assigned by some members to the Task Force. 7.2 The Board shall adopt a budget based upon grant funds, member matching funds and money made available from other sources. The Board may amend the budget from time to time. 7.3 The Board may contract with any of its members to provide budgeting and accounting services necessary or convenient for the Board. Such services shall include, but not be limited to: management of all funds, including member contributions and grant monies; forfeiture proceeds; payment for contracted services; and relevant bookkeeping and recordkeeping. No payment on any invoice for services performed by any person providing services in connection with this Agreement shall be authorized unless approved by the chair, vice -chair or secretary/treasurer. 7.4 The members agree to contribute their grant funds and required matching funds to operate the Task Force. 7.5 All funds shall be accounted for according to generally accepted accounting principles. The Secretary/Treasurer shall make a monthly financial report of all expenditures and receipts, and current fund balances to the Board. 7.6 The Board may not incur debts. 7.7 The Board's obligation to reimburse members for any expense, furnish equipment and the like is contingent upon the receipt of grant funds for that purpose. If insufficient grant funds are received, the Board may reduce the level of reimbursement and/or reduce other expenditures. 8. Agent. 8.1 Each member shall inform the Board in December of each year the allocated number of experienced, full-time licensed peace officer(s) to serve as Agents for the Task Force for the proceeding calendar year. The maximum number of licensed peace officers each member may assign to the Task Force, with the exception of the Dakota County Sheriff is two members. The maximum number of licensed peace officers the Dakota County Sheriff may assign to the Task Force is five. The number of licensed peace officer(s) per member allowed to serve as Agents for the Task Force must be approved in advance by the Board. 8.2 Agents shall not be employees of the Task Force. Agents shall remain employees of the member that has assigned them to the Task Force and shall be compensated by that member. Each party to this Agreement shall be responsible for injuries to or death of its own personnel. Each party to this Agreement waives its right to sue any other party for any workers' compensation benefits paid to its own employee or their dependents, even if the injury were caused wholly or partially by the negligence of any other party, or its officers, employees or agents. DAKOTA COUNTY DRUG TASK FORCE 3 2015-2019 JOINT POWERS AGREEMENT page 70 8.3 Agents will be responsible for drug investigation, including intelligence management, case development, case charging, handling and processing of evidence. Agents will also assist other Agents in surveillance and undercover operations. To the extent authorized by law Agents will work cooperatively with assisting agencies, including sharing intelligence and information acquired by agents pursuant to this Agreement. 8.4 Agents will be supervised by the Task Force Commander or, in his/her absence, by the Team Leader assigned by the Task Force Commander to act in his/her behalf. 8.5 The member appointing the Agent shall furnish the Agent a weapon, cellular phone, and a vehicle and pay any lease payments, insurance, maintenance and operating costs of the vehicle. Further, the member appointing the Agent shall pay all expenses associated with tuition, travel, lodging and meals. Each party shall be responsible for damages to or loss of its own equipment. Each party waives the right to sue any other party for any damages to or loss of its equipment, even if the damages or loss were caused wholly or partially by the negligence of any other party or its officers, employees or agents. 8.6 The members shall maintain the officer positions hired to replace the officer assigned to the Task Force, or maintain the Full Time Equivalent staffing assigned to the Task Force as shown in 8.1. 9. Task Force Commander and Team Leader(s). 9.1 From among the full-time Agents assigned by members, the Board shall appoint a Task Force Commander who shall serve at the Board's pleasure. The Task Force Commander must be a full-time, licensed supervisory peace officer of a member. The Task Force Commander shall remain an employee of the member that has assigned them to the Task Force. 9.2 The Task Force Commander shall be in charge of the day-to-day operation of the Task Force, including supervising the Task Force's assigned personnel subject to direction received from the Board. The Task Force Commander is responsible for staffing, scheduling, case assignment, case management, record keeping, informant management, buy fund management, petty cash management and intelligence management. The Task Force Commander will be responsible to keep the Board updated as to the Task Force's activity, which would include major case development within member jurisdictions. The Task Force Commander will supervise the drafting and execution of all search warrants initiated by the Task Force Unit and will work cooperatively with the agencies with venue over the case. The Task Force Commander will be responsible for all buy fund monies and petty cash funds, and will provide Board members with a monthly accounting of all funds disbursed and a written summary of activity with the unit. 9.3 The Task Force Commander may exclude Agents from further Task Force involvement subject to review by the Board. The member agency that assigned the Agent to the Task Force will be immediately notified of the Task Force Commander's actions. 9.4 From the Agents assigned by members, a Team Leader(s) may be appointed by the Board, with the concurrence of the Agent's member agency, and serve at the Board's pleasure. The Team Leader(s) must be a full-time, licensed peace officer of a member and may be paid a supervisor's salary by that member agency only during that time that the Task Force Commander is absent. The Team Leader(s) shall remain an employee of the member city or county at all times. 9.5 The duties, responsibilities and authority of the Team Leader(s), while the Task Force Commander is absent, shall be the same as the Task Force Commander as described in paragraph 9.2 herein. If there is more than one Team Leader, the Task Force Commander will assign one Team Leader to act as Task Force Commander while the Task Force Commander is absent. DAKOTA COUNTY DRUG TASK FORCE 4 2015-2019 JOINT POWERS AGREEMENT page 71 10. Forfeiture, Seizures and Fines. Items that are seized pursuant to this Agreement shall be used to support Task Force efforts. The use and disbursement of these items must be approved by the Board. In the case of federal forfeiture actions, established federal rules shall be followed. The Board may divide all remaining forfeited items among Task Force members in proportion to the then -assigned Full Time Equivalent contributions of each member of this Agreement as set forth in paragraph 8.1 herein. Fine and restitution monies ordered paid to the Task Force by court order shall be used to offset equipment or operating costs of the Task Force not funded by grant or matching funds. 11. Insurance, Indemnification and Hold Harmless. The Board shall purchase general liability insurance for activities of the Task Force. Such insurance shall name each member as an additional insured. By purchasing insurance, the members do not intend to waive, and the Agreement shall not be interpreted to constitute a waiver of, by any member, limitations on liability or immunities provided by any applicable Minnesota law, including Minn. Stat. Chs. 466 and 471. The cost of the general liability insurance shall be paid from funds provided pursuant to paragraph 7 hereunder. The members of this Agreement are not liable for the acts or omissions of the other members of this Agreement except to the extent to which they have agreed in writing to be responsible for acts or omissions of the other members. The Task Force shall defend and indemnify the members, and their officers, employees, and agents, from and against all claims, damages, losses, and expenses, including attorney fees, arising from Task Force activities or operations, and decisions of the Board. Nothing in this Agreement shall constitute a waiver of the statutory limits or liability set forth in Minnesota Statutes, Chs. 466 and 471, or a waiver of any available immunities or defenses. To the fullest extent permitted by law, action by the members to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the members that they shall be deemed a "single governmental unit" for the purposes of liability, as set forth in Minnesota Statutes, section 471.59, subd. 1a(a), provided further that for purposes of that statute, each member to this Agreement expressly declines responsibility for the acts or omissions of another member. Nothing herein shall be construed to provide insurance coverage or indemnification to an officer, employee, or agents of any member for any act or omission for which the officer, employee, or agent is guilty of malfeasance in office, willful neglect of duty, or bad faith. Any excess or uninsured liability shall be borne equally by all the members, but this does not include the liability of any individual officer, employee, or agent which arises from his or her own malfeasance, willful neglect of duty, or bad faith. 12. Effective Date. This Agreement shall take full effect on January 1, 2015. All members need not sign the same copy. The signed Agreement shall be filed with the Board's designated fiscal agent, who shall notify all members in writing of its effective date. 13. Termination and Withdrawal. 13.1 Termination Date. This Agreement shall terminate upon the occurrence of any one of the following events, whichever occurs first: When necessitated by operation of law or as a result of a decision by a court of competent jurisdiction; or DAKOTA COUNTY DRUG TASK FORCE 5 2015-2019 JOINT POWERS AGREEMENT page 72 When a majority of members agree by resolution to terminate the agreement upon a date certain; or On December 31, 2019. 13.2 Withdrawal. Any member may withdraw from this Agreement upon 60 -days written notice to the Board. The Board shall notify the members pursuant to paragraph 14. Withdrawal shall not act to discharge any liability incurred by the member prior to withdrawal. Such liability shall continue until discharged by law or agreement. In the event of withdrawal by any member, the agreement shall remain in full force and effect as to all remaining members. 13.3 Effect of Termination. Upon termination of this Agreement, all property of the Task Force shall be sold or distributed to the members in proportion to the then -assigned Full Time Equivalent contributions of each member of this Agreement as set forth in paragraph 8.1 herein. 14. Notice. Notice of withdrawal shall be provided by first class mail to the following: Apple Valley Chief of Police 7100 147th Street West Apple Valley, MN 55124 Burnsville Chief of Police 100 Civic Center Parkway Burnsville, MN 55337 Eagan Chief of Police 3830 Pilot Knob Road Eagan, MN 55122 Farmington Chief of Police 19500 Municipal Drive Farmington, MN 55024 Hastings Chief of Police 150 3rd Street East Hastings, MN 55033 Inver Grove Heights Chief of Police 8150 Barbara Avenue Inver Grove Heights, MN 55077 Lakeville Chief of Police 9237 183rd Street West Lakeville, MN 55044 Mendota Heights Chief of Police 1101 Victoria Curve Mendota Heights, MN 55118 Rosemount Chief of Police 2875 145th Street West Rosemount, MN 55068 Savage Chief of Police 6000 McColl Drive Savage, MN 55378 South St. Paul Chief of Police 125 3rd Avenue North South St. Paul, MN 55075 West St. Paul Chief of Police 1616 Humboldt Avenue West St. Paul, MN 55118 Dakota County Sheriff Law Enforcement Center 1580 Highway 55 Hastings, MN 55033 IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing bodies, have caused this Agreement to be executed in accordance with the authority of Minnesota Statute §471.59. DAKOTA COUNTY DRUG TASK FORCE 6 2015-2019 JOINT POWERS AGREEMENT Approved by the City Council CITY OF MENDOTA HEIGHTS Dated: page 73 By Date of Signature Attest Date of Signature DAKOTA COUNTY DRUG TASK FORCE 14 2015-2019 JOINT POWERS AGREEMENT page 74 Approved by Dakota County Board COUNTY OF DAKOTA Resolution No. By Date of Signature Approved as to form: Assistant County Attorney/Date Dakota County Attorney's Office Dakota County Judicial Center 1560 Highway 55 Hastings, MN 55033 651-438-4438 Ks/14/Ks14-320 DCDTF JPA DAKOTA COUNTY DRUG TASK FORCE 19 2015-2019 JOINT POWERS AGREEMENT page 75 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com Lnj CITY OF MENIDOTA HEIGHTS DATE: January 6, 2015 TO: Mayor, Council and City Administrator FROM: Mike Aschenbrener, Chief of Police / Emergency Manager SUBJECT: Authorization to sign Jani King Contract for 2015 BACKGROUND Fire and Public works departments have contracted with Jani King for many years to take care of their cleaning needs. Last year Jani King was brought in an attempt to save the tile areas within the police department, they cleaned and waxed the tile areas making them presentable. They did wonderful work and a proposal was received to handle the services not provided internally. They have staff certified to work inside of police agencies and are fully aware of the security issues around working in these areas. We will meet with their staff to work out the logistics before signing the contract. See attached copy of contract and exhibit A detailing work agreements. BUDGET IMPACT The city budget for the service in 2015 is $9,384.00. RECOMMENDATION If Council desires to implement the recommendation, pass a motion authorizing the City Administrator to sign the contract with Jani King. Jani-King of Minnesota, Inc. 5930 Shingle Creek Pkwy. Brooklyn Center, MN 55430 (763) 746-7333 Fax: (763) 746-7334 Other Franchising Centers United States Albuquerque Atlanta • Austin Baltimore Baton Rouge Birmingham Boston • Buffalo Charleston Charlotte • Chicago Cincinnati • Cleveland Colton • Columbia Columbus • Dallas Dayton • Denver Detroit • Fort Worth Greensboro Greenville/Spartanburg Hampton Roads Hartford • Hawaii Houston • Huntsville Indianapolis • Jackson \lacksonville • Kansas City /i Knoxville • Las Vegas Los Angeles • Louisville Madison • Memphis Miami • Milwaukee Minneapolis • Mobile Nashville • New Jersey New Orleans New York • Oakland Oklahoma City • Orlando Philadelphia • Phoenix Pittsburgh • Portland Raleigh/Durham Rhode Island • Richmond Sacramento St. Louis • Salt Lake City San Antonio • San Diego San Francisco • Seattle Southeast Mississippi Tampa Bay • Tucson Tulsa • Washington, D.C. Australia Belgium Brazil Canada France Great Britain Hong Kong Korea Mexico New Zealand Portugal Spain Taiwan page 76 staff -ria, 14 , f c,�ea,.• +++ L7 July 30, 2014 Mendota Heights Police Dept Mike Aschenbrenner 1101 Victoria Curve Mendota Heights, MN 55118 Dear Mike, Thank you for meeting with me and discussing your housekeeping needs for your facility. Jani-King of Minnesota, Inc. appreciates this opportunity. Enclosed is our completed proposal for a professionally operated cleaning program, including the cleaning schedule. The total monthly charge represents your only cost, and is inclusive of: • All labor • All supervision • All equipment for cleaning • All payroll, payroll taxes, insurance, etc. Each Jani-King representative is fully covered by an insurance program that protects you and your business in several ways. This comprehensive program provides complete coverage, including General Liability, Workers' Compensation, Destruction, Dishonesty, and Disappearance Crime Insurance and Lost Key Insurance. Please contact me in the event you have questions regarding this proposal or for additional information you deem necessary in assessing our proposal. Trusting we may be of service, Mike Hornung Regional Director of Development (763) 746-7332 page 77 THE JANI-KING FRANCHISING CONCEPT JANI-KING is a commercial cleaning service, in the business since 1969, that has dramatically changed the commercial cleaning and maintenance industry. JANI-KONG recognized years ago that serious problems existed with conventional cleaning services. These problems stemmed from a lack of proper supervision and communication and little concern about a job well done. At JANI-KING, we realize that quality work is directly related to the individual workers' training, motivation and supervision. Locating quality individuals who possess the ability to consistently supervise and motivate cleaning personnel can solve these problems. At JANI-KING, we look for an individual who will care as much about your building as you do. Because we cannot provide individuals with ownership in your company or your building, acts which would surely promote the quality and concern we look for, we offer individuals ownership in a business - a JANI-KING franchise. The JANI-KING FRANCHISING CONCEPT has enabled us to provide clients throughout the world, both large and small, with a business person who has the intelligence, attitude, desire and determination • to maintain the high cleaning standards that you demand for your building. . Each JANI-KING AUTHORIZED FRANCHISEE has successfully completed an extensive training program and, as a member of our team, has the procedures, personnel, equipment, insurance, bonding and support necessary to become an integral part- of your maintenance program. Our franchisees' concern - the dedication to your building -cannot be equaled. It is a pleasure to share the JANI-KING program with you, a program that has been the answer to cleaning problems encountered by building managers throughout the world. Please do not hesitate to call us for any additional information you might need. page 78 GENERAL PROCEDURES I. SUPERVISION • JANI-KING will stay in close contact with the management concerning all work performed. • All JAM -KING personnel will be trained and supervised to perform to the best of their ability in order to accomplish the cleaning you deserve. • All personnel will be checked regularly as to performances and ability to maintain JANI-KING standards. II. WAGE SCALE • All personnel will be paid no less than the minimum wage required by Federal Law. • Work hours, workweek, job methods, procedures, pay periods, and pay scale will be thoroughly explained to all personnel. III. SECURITY PROCEDURES AND INSURANCE • JANI-KING representatives will work closely with management in regard to the use of acceptable personnel. • Before leaving the building, JANI-KING personnel will check to ensure that the building is properly secured. • JANI-KING will provide all necessary insurance and bonds on all JAM -KING personnel. page 79 ACORO® CO CERTIFICATE OF LIABILITY INSURANCE 6/1/2015 DATE (MM/DD/YYYY) 5/29/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER LOCKTON COMPANIES 2100 ROSS AVENUE, SUITE 1400 DALLAS TX 75201 214-969-6700• • CONTACT NAME: PHO No. Extt: FAX INC. No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURER A :Liberty Mutual Fire Insurance Company 23035 INSURED J KING INTERNATIONAL, INC. 1335106 JANI-KING LEASING, INC. JANI-KING FRANCHISING, INC. JANI-KING, INC. AND ITS SUBSIDIARIES 16885 DALLAS PARKWAY A on.Tcnr r my -7wni INSURERB : Continental Casualty Company 20443 INSURER C : Great American Insurance Company 16691 INSURER D : Employers Insurance Company of Wausau 21458 INSURER E $ 100,000 INSURER F : COVERAGES * CERTIFICATE NUMBER: 3633283 REVISION NUMBER: X tJ XXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. (LTR TYPE OF INSURANCE ADDL (NSD SUBR WVD POLICY NUMBER POLICY EFF (MMIDDIYYYY) POLICY EXP• (MMIDD/YYYY) LIMITS A x COMMERCIAL GENERAL LIABILITY N N TB2-695-450953-214 6/1/2014 6/1/2015 . EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 CLAIMS -MADE I x (OCCUR MED FRCP (Any one person) $ 10,000 , PERSONAL & ADV INJURY $ 1,000,000 • AGGREGATE $ 25,000,000 GEN'LAGGREGATE POLICY OTHER: LIMIT APPLIES PER:HGENERAL JECT I I LOC -• PRODUCTS-COMP/OPAGG $ 2.000.000 $ A AUTOMOBILE X _ LIABILITY ANY AUTO ALLOWNED AUTOS HIRED AUTOS — _ SCHEDULED AUTOS NON -OWNED AUTOS N N AS2-691-438428-014 6/1/2014 6/1/2015Ea COMexldenlBINED; INGLE LIMIT ( $ 1,000,000 BODILY INJURY (Per person) $ =wax BODILY INJURY (Per accident) $ X.X000' C PROPERTY DAMAGE (PeracrldenU $ XXXX�C $ )0X00 B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE N N 6011338559 6/1/2014 6/1/2015 EACH OCCURRENCE $ 25,000,000 AGGREGATE $ 25,000,000 DED RETENTION$ $ XXXXX D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N OFF CER/MEM ER EXCLUDED? PROPRIETOR/PARTNER/EXECUTIVE IN 1 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A N WCC -695-456062-894 6/1/2014 6/1/2015 - X PLR STATUTE O(H- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE -EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 C BLANKET BMP DISHONESTY N N SAA024-90-47-02 6/1/2014 6/1/2015 $2,000,000 Each Occurence DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) JANI-KING OF MINNESOTA, INC. (MINNEAPOLIS REGION), 5930 SHINGLE CREEK PARKWAY, BROOKLYN CENTER, MN 55430 • CERTIFICATE HOLDER CANCELLATION 3633283 SPECIMEN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ,J ACORD 25 (2014/01) ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD page 80 JANI-KING®MAINTENANCE AGREEMENT This Maintenance Agreement ("Agreement") is made as of the Effective Date below by and between Jani-King of Minnesota , Inc. ("Jani- King") and Mendota Heights Police Dept ("Client"). 1. PERFORMANCE OF SERVICES 1.1. Performance of the services scheduled shall begin the day of , 2 . 1.2. The term of this Agreement shall be for one (1) year from the date services are scheduled to begin. 1.3. Jani-King will provide the services described in Exhibit A ("Services") to the "Named Areas" which are defined in Exhibit A. 1.4. The Services shall be performed at the location(s) listed on Exhibit A of this Agreement. 1.5. Jani-King agrees to provide the Service to the Named Areas Four (4) times per week on the days circled: Monday Tuesday Wednesday Thursday Friday Saturday Sunday 1.6. Jani-King agrees to furnish all equipment and tools necessary to provide the Services. 1.7. Client warrants that the Named Areas are free of asbestos and other hazardous materials. Client hereby agrees to hold Jani-King and its authorized franchise owners harmless from any liability resulting from any Jani-King personnel's exposure to hazardous or harmful materials located in the Named Areas. 2. PAYMENT OF SERVICES 2.1. Client agrees to pay to Jani-King each month the total minimum sum stated in the Pricing Schedule, attached hereto as Exhibit A, on or before the last day of each month the Services are rendered. Client also agrees to pay for any charges relating to an Initial Clean Option and any authorized additional cleans options, as described in Exhibit A, and any sales or use tax levied by a taxing authority on the value of the Services or supplies purchased. Client agrees that all payments made to Jani-King shall only be considered paid and properly credited when delivered to the address listed on the invoice. 2.2. Credits for holidays were pre -determined and given as part of the monthly charge herein, and no other adjustments will be made for those holidays. 2.3. From time to time, as the parties may agree, the monthly charge to be paid by Client may be increased or decreased to reflect an increase or decrease in the area of space serviced and the kind, amount, or frequency of the Service. Any modifications will only be binding if in writing and signed by both parties. In the event mutual agreement relating to frequency of service, type of service, space serviced, or amount to be paid cannot be reached, the frequency of service, type of service, space serviced or amount to be paid shall remain unchanged. 2.4. It is expressly agreed that the total minimum sum stated in the Pricing Schedule may be increased (i) annually by Jani-King by a percentage amount not to exceed the annual increase of the Consumer Price Index as most recently published in the Wall Street Journal, or (ii) by Jani-King at any time in the event of an increase in any applicable federal, state, or local minimum wage, living wage, or other wage required by law, in an amount necessary to comply with such an increase. 2.5. In the event payment for Services is not received within thirty (30) days from the date such payment is due, Jani-King may suspend Services to Client until such time Client has paid for all services rendered to date. Suspension of services by Jani-King under this Section shall not deprive Jani- King of any of its remedies or actions against Client for past or future payments due under this Agreement, nor shall the bringing of any action for payment of services or other rights contained herein be construed as a waiver of any Jani-King rights. Jani-King also reserves the right to cease providing services on trade credit and require that payments be made advance if it deems Client to be a credit risk. 3. INDEPENDENT BUSINESS RELATIONSHIP 3.1. It is expressly agreed that the Services will be provided by an authorized Jani-King franchise owner and employees of the franchise owner. 3.2. Jani-King and all authorized representatives are not employees of Client but are independent contractors. All Jani-King authorized franchise owners and the employees of the franchise owner will not be within the protection or coverage of Client's Workers' Compensation Insurance and no withholding of Social Security, Federal or State Income Tax or other deductions shall be made from the sums agreed to be paid to Jani-King herein, the same being contract payments and not wages. 3.3. Client agrees that during the term of this Agreement, and within one hundred and eighty (180) days after termination, that Client will not employ or engage as a contractor, any employees, agents, representatives or franchisees of Jani-King without the express written consent of Jani-King. Jani- King agrees that during the term of this Agreement and within one hundred and eighty (180) days after termination, it will not employ or engage as a contractor, any employees, agents or representatives of Client without the express written consent of Client. 4. RENEWAL AND TERMINATION 4.1. This Agreement shall be automatically extended and renewed for additional one (1) year terms on the same terms and conditions, unless either party shall give written notice, as described herein, of termination at least thirty (30) days prior to the scheduled expiration date. Otherwise, this Agreement may only be terminated for non-performance as set out below. 4.2. Non-perfomrance is defined as the failure to perform any act stipulated under this Agreement. Before any termination for non-performance is effective, the terminating party must give the other party written notice, as described herein, specifying in detail the nature of any defect or failure in performance. Upon the effective date of the receipt of notice of non-performance, the non -terminating party shall have thirty (30) days in which to cure the defect in performance (the "Cure Period") to the reasonable satisfaction of the terminating party. In the event the defect is not satisfactorily cured within the Cure Period, the terminating party shall provide written notification to the non -terminating party of the failure to satisfactorily cure the defect. In the event the second notice is not received within five (5) days from the end of the Cure Period, all deficiencies will be deemed cured. MAINTENANCE AGREEMENT SIDE I OF 2 page 81 In the event the second notice is received within the required time period, this Agreement shall then terminate thirty (30) days from the date of the second written notice. 4.3. All notices between Client and Jani-King shall be in writing. Any notice shall be deemed duly served if such notice is deposited, postpaid and certified, with the United States Postal Service, or a recognized common parcel courier providing express, receipted delivery to the address stated on the signature page of this Agreement for Jani-King or Client. All other notices, including notices personally delivered to individuals performing services under this Agreement, shall be ineffective. Either party may change the address of notice by providing the other party written notice of such change. Time is of the essence for all notices required under the terms of this Agreement. 5. GENERAL PROVISIONS 5.1. In the event it becomes necessary for either party to institute suit against the other to secure or protect its rights under this Agreement, the prevailing party shall be entitled to all associated costs of the suit, including reasonable attorney's fees, administrative fees, court costs and damages as part of any judgment entered in its favor. 5.2. The terms of this Agreement shall be binding upon and inure to the benefit of Jani-King and Client and their respective heirs, representatives, successors and assigns, except as otherwise herein provided. This Agreement shall be binding on Jani-King at the time of execution by an authorized Jani-King agent. In the event this Agreement is executed by an authorized franchise owner ofJani-King, it shall not be binding on Jani-King until it has been approved and executed by an authorized Jani-King agent. Jani-King franchise owners are not authorized to bind Jani-King to this Agreement. 5.3. Any waiver by either party to this Agreement of a breach of any term or condition of this Agreement shall not constitute a waiver of any subsequent breach of the same or any other term or condition of this Agreement. 5.4. Jurisdiction and venue for any suit brought on this Agreement shall be in the govemmental division of the county where the Jani-King regional office is located. 5.5. The parties acknowledge that this Agreement and the exhibits supersede all prior agreements, representations, and understandings of the parties. No changes to this Agreement will be effective unless signed by both parties and attached hereto. 5.6. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable; this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement; and, the remaining provisions of this Agreement shall remain in fall force and effect and shall not be affected by such illegal, invalid, or unenforceable provision or by its severance from this Agreement. IN WITNESS WHEREOF, the Parties hereto have set their hands this day of , 20 . Jani-King of Minnesota , Inc. Mendota Heights Police Dept Client Name Signature of Jani-King's Authorized Agent Mike Hornung/Regional Director of Development Signature of Client's Authorized Agent Print Name/Title Print Name/Title Notice Address for Jani-King: Billing and Notice Address of Client: 5930 Shingle Creek Parkway 1101 Victoria Curve Address Address Brooklyn Center, MN 55430 Mendota Heights, MN 55118 City, State, ZIP City, State, ZIP MAINTENANCE AGREEMENT SIDE 2 OF 2 page 82 EXHIBIT A TO JANI-KING MAINTENANCE AGREEMENT Cleaning Schedule, Initial Clean Option, Pricing Schedule, Additional Cleans Option Cleaning Schedule Location(s) Where Services Will Be Performed: Named Areas: Building Name(s): Mendota Heights Police Dept Street: 1101 Victoria Curve City: Mendota Heights State: MN Zip: 55118 Nightly Cleaning A. Office, Lobby, Lunchroom, Conference Room B. Restrooms (2) Two C. D. E. A. Offices, Lobby, Lunchroom, Conference Room 1. Empty all trash receptacles, replace liners, as needed, and remove trash to a collection point. (Client to furnish trash receptacle liners) 2. Vacuum carpeting. Jani-King will not be responsible for removal of staples from carpets. 3. Clean and polish drinking fountain(s). 4. Thoroughly dust all horizontal surfaces, including desktops, files, windowsills, chairs, tables, pictures and all manner of furnishings. 5. Damp wipe all horizontal surfaces to remove coffee rings and spillage, as needed. 6. Dust telephones. 7. Dust mop hard surface floors with a treated dust mop. 8. Damp mop hard surface floors to remove any spillage from soiled areas. 9. Damp wipe entryway and clean fmgerprints from entrance glass. 10. Spot clean partition glass. 11. Inspect and pick up, as needed, building entrance area. B. Restrooms 1. Stock towels, tissue, and hand soap. (Client to furnish) 2. Empty sanitary napkin receptacles and wipewith a disinfectant. 3. Empty trash receptacles and wipe if needed. 4. Clean and polish mirrors. 5. Wipe towel cabinet covers. 6. Toilets and urinals to be cleaned and sanitized inside and outside. Polish bright work. 7. Toilet seats to be cleaned on both sides using a disinfectant. 8. Scour and sanitize all basins. Polish bright work. 9. Dust partitions, top of mirrors, and frames. 10. Remove splash marks from walls around basins. 11. Mop and rinse restroom floors with a disinfectant. Exhibit A Side 1 07/30/14 page 83 Weekly Cleaning A. Offices, Lobby, Lunchroom, Conference Room 1. Dust all vertical surfaces of desks, file cabinets, chairs, tables and other office furniture. 2. Thoroughly vacuum all carpeting, taking care to get into corners, along edges and beneath furniture. 3. Damp mop hard surface floors, taking care to get into corners, along edges and beneath furniture. Monthly Cleaning A. Offices, Lobby, Lunchroom, Conference Room 1. Complete all high dusting not reached in the above-mentioned cleaning. 2. Remove fingerprints and marks from around light switches and doorframes. 3. Vacuum all upholstered furniture. 4. Damp wipe telephones using a disinfectant. Semi -Annual Cleaning 1. Strip and wax (5 coats to be reapplied) to all VCT surfaces. PRICING SCHEDULE The Service, as defined in the Agreement, will be performed four (4) days per week for the monthly charge of: Seven Hundred Eighty Dollars ($780.00) (Tax Not Included) Client's Authorizing Signature Jani-King Signature Print Name/Title Mike Hornung/Regional Director of Development ADDITIONAL CLEANS OPTION By authorizing below, the following services will be performed for the additional fee listed below for each service: Carpet Shampoo $ per square foot ($50 minimum) Initial To Authorize Strip, reseal and refinish tile floors $ per square foot ($75 minimum) Initial To Authorize Window Washing (Interior) $ per square foot of surface glass Initial To Authorize Window Washing (Exterior) $ per square foot of surface glass Initial To Authorize Exhibit A Side 2 07/30/14 page 84 Mike Aschenbrener From: Mike Hornung <minrsm@janiking.com> Sent: Wednesday, July 30, 2014 3:47 PM To: Mike Aschenbrener Subject: Jani-King proposal Mike, Thanks for taking the time to meet with me and review your needs for cleaning the Police Dept in Mendota Heights. I am proposing a 4 times a week cleaning to include the entire Police Dept as we reviewed last week. I am also including in the price 2 strip and waxes of the vinyl tile throughout the Police Department. The total price for all this is $780.00/month. I have the cleaning schedule detail I can drop off to you should you decide to move forward with this. Please let me know if there is anything else I can provide you in order to help you in your decision making process. Thanks, Mike Hornung Jani-King of Minnesota, Inc Regional Director of Development "We don't clean it cheaper, we clean it better." 5930 Shingle Creek Parkway Brooklyn Center, MN 55430 Cell: 612-991-8117 Direct line: 763-746-7332 1 mCITY OF MENDOTA HEIGHTS page 85 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.452.1950 phone 1651.452.9940 fax www.mendota•hei g hts.com DATE: January 6, 2015 TO: Mayor, Council and City Administrator FROM: Mike Aschenbrener SUBJECT: Appointment of Representative to the Dakota County Domestic Preparedness Committee (DCDPC) BACKGROUND In 2001 all Dakota County cities along with the County formed a county wide initiative of planning and preparing for emergency response. The original committee was funded by a .25 cent per resident contribution. In 2003 the City Council authorized the membership in a county wide Joint Powers Agreement (JPA) with the direction of seeking ways to improve emergency cooperation across Dakota County. The DCDPC has worked hard to secure grant funding to offset the start-up costs of the programming. The committee is funded primarily through grant dollars and by a budgeted contribution from each member city. In 2011 a long term capital budget was prepared and approved by the county administrators group. The long term funding begin appearing in the 2014 Mendota Heights Emergency Management budget. The committee has implemented many programs all focused on the mission of better preparing Dakota County for large scale emergency response. The DCDPC meets monthly and hosts a variety of training programs throughout the year, such as the 2011 workshop for the council and the September 2014 county wide drill at Burnsville Center. The DCDPC continues to work hard at leveraging as many grant dollars as possible to start and maintain programs/processes to our resident's safe. BUDGET IMPACT The city budget for the DCDPC in 2015 is $25,000.00. Many of the costs associated with the DCDPC are offset by grant money. RECOMMENDATION If Council desires to implement the recommendation, pass a motion authorizing the City Administrator send the DCDPC Chair Nealon Thompson a letter stating the appointment of the Police Chief for 2015. m CITY OF MENDOTA HEIGHTS page 86 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone A 651.452.9940 fax www.mendota-heights.com DATE: January 6, 2015 TO: Mayor, and City Council FROM: Tamara Schutta, Interim City Administrator SUBJECT: Approve Resolution 2015-08, Formally Authorizing Participation in a Joint Powers Agreement for the Renovation of the John V. Hoene Ice Arena BACKGROUND On September 16, 2014, the Mendota Heights City Council authorized a commitment of $555,333.00 towards the renovation and refurbishment of the West St. Paul Ice Arena. The ice arena is in need of repairs, upgrades, replacement of the refrigeration system and an extensive renovation. The Joint Powers Agreement addresses the City Council's conditions discussed previously. Mendota Heights will be a full partner in reviewing the scope of this project. The City will make %2 of the contribution in 2015 and the second %2 will be paid in 2019. The term of this agreement is for 20 years. If the Ice Arena closes prior to the expiration of the term of the agreement, Mendota Heights may terminate this agreement and request reimbursement for our respective portion of the contributed project construction costs on a pro- rated basis. Per the JPA, if the Ice Arena closes prior to the expiration of 20 years due to any of the following: (a) Local youth hockey programs rents less than 65% of the ice time at the Ice Arena than the youth hockey programs rented the previous year; (b) School District discontinues its hockey program or rents less than 65% of the ice time at the Ice Arena than the School District rented the previous year; or (c) Uncontrollable Circumstances. Then the City of Mendota Heights would not be entitled to reimbursement for any portion of the contributed project construction costs. The attached JPA has been reviewed by the City/School District Attorney for each member. The JPA has been reviewed by our City Attorney Lehmann. Staff recommends adopting Resolution 2015-08, authorizing participation in a Joint Powers Agreement for the Renovation of the John V. Hoene Ice Arena. page 87 ATTACHED • Resolution 2015-08, Formally Authorizing Participation in the JPA for the Renovation of the John V. Hoene Ice Arena • JPA for the Renovation of John V. Hoene Ice Arena BUDGET IMPACT As noted above. RECOMMENDATION If Council desires to implement the recommendation, pass a motion authorizing the Mayor to sign Resolution No. 2015-08; JOINT POWERS AGREEMENT (JPA) FOR THE RENOVATION OF THE JOHN V. HOENE ICE ARENA and execute the agreement. page 88 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 2015-08 RESOLUTION FORMALLY AUTHORIZING PARTICIPATION IN A JOINT POWERS AGREEMENT (JPA) FOR THE RENOVATION OF THE JOHN V. HOENE ICE ARENA WHEREAS, the City of Mendota Heights recognizes the importance of the John V. Hoene Ice Arena, located in West St. Paul, to the northern Dakota County area; and WHEREAS, the ice arena is in need of repairs and upgrades, without which may require the closing of the arena; and WHEREAS, the Mendota Heights City Council on September 16, 2014 approved a letter pledging up to $555,333 towards the renovation of the ice arena in conjunction with the City of West St. Paul and ISD 197; and WHEREAS, the City Council Mendota Heights will make '/2 of the contribution in 2015 with the second '/2 being paid in 2019; and WHEREAS, the City Council of Mendota Heights have duly considered this matter and wish to enter into an agreement for the renovation of the John V. Hoene Ice Arena. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Mendota Heights, Minnesota has by RESOLUTION 2015-08 FORMALLY AUTHORIZED PARTICAPTION IN A JOINT POWERS AGREEMENT FOR THE RENOVATION OF THE JOHN V. HOENE ICE ARENA. Adopted by the City Council of the City of Mendota Heights this 6th day of January, 2015. CITY COUNCIL CITY OF MENODTA HEIGHTS ATTEST Sandra Krebsbach, Mayor Lorri Smith, City Clerk page 89 JOINT POWERS AGREEMENT FOR THE RENOVATION OF THE JOHN V. HOENE ICE ARENA This Joint Powers Agreement ("Agreement") is between the City of West St Paul ("West St. Paul"), the City of Mendota Heights ("Mendota Heights") and Independent School District 197 ("School District"), collectively referred to as the "Parties." 1. GENERAL PURPOSE Under Minn. Stat. §471.59, the Parties are empowered to enter into agreements for the joint exercise of powers with other governmental units. The John V. Hoene Ice Arena, which is located in West St. Paul, serves students and adult skating and hockey needs for Henry Sibley High School and other youth hockey programs. The Ice Arena is in need of upgrades, repairs, replacement of the refrigeration system and an extensive renovation in order to provide a facility that will serve the needs of the Parties for the next 20 years. 2. TERM OF AGREEMENT The term of this Agreement shall commence on November 1, 2014, or the date all required signatures are obtained, whichever is later, ("Effective Date") and shall remain in full force and effect for 240 months from the Effective Date ("Term") unless terminated by the Parties as provided in this Agreement, whichever occurs first. 3. DEFINITIONS In this Agreement the following terms shall be defined as follows unless the context requires otherwise: 3.1. Agreement: This Agreement, as it may be amended, supplemented, or restated from time to time. 3.2. Change Order: A written order to the Contractor approved by the Parties to this Agreement and signed by the West St. Paul Representative on behalf of the Parties authorizing a change in the work included within the Contract Documents and/or an adjustment in the price and/or an adjustment in the construction schedule, issued after execution of the contract for the construction of the Project. 3.3. Contract Documents: Drawings, specifications, general and special conditions, addenda, if any, Change Orders, and the construction contract for the Project, approved by the Parties, or their respective representatives. 3.4. Contractor: The person or entity that is awarded the contract for the construction of the Project. The Contractor's construction contract for the Project shall be with West St. Paul. page 90 3.5. Ice Arena: The John V. Hoene Ice Arena, located at 60 West Emerson Avenue, West St. Paul, Dakota County, Minnesota. 3.6. Mendota Heights: The City of Mendota Heights, a Minnesota municipal corporation. 3.7. Mendota Heights Representative: The Mendota Heights City Administrator, or his designee. 3.8. Project: The renovation of the John V. Hoene Ice Arena, further described on Exhibit A, attached hereto and incorporated herein. 3.9. Project Construction Costs: All costs for and associated with Project construction. 3.10. School District: Independent School District 197, a Minnesota public corporation 3.11. School District Representative: The School District Director of Operations, or his designee. 3.12. Uncontrollable Circumstances: The occurrence or non-occurrence of acts or events beyond the reasonable control of the Party relying thereon, and not the result of willful or negligent action or inaction of the Party claiming the event as an Uncontrollable Circumstance, that materially and adversely affects the performance of the Party claiming the event as an Uncontrollable Circumstance including but not limited to the following: (a) Acts of God, including, but not limited to floods, ice storms, blizzards, tornadoes, landslides, lighting and earthquakes (but not including reasonably anticipated weather conditions for the geographic area), riots, insurrections, war or civil disorder affecting the performance of work, blockades, power or other utility failure, and fires or explosions. (b) The adoption of or change in any federal, state, or local laws, rules, regulations, ordinances, permits, or licenses, or changes in the interpretation of such laws, rules, regulations, ordinances, permits, or licenses by a court or public agency having appropriate jurisdiction after the date of the execution of this Agreement. (c) A suspension, termination, interruption, denial, or failure of renewal of any permit, license, consent, authorization, or approval essential to the construction of the Project. (d) Orders and/or judgments of any federal, state, or local court, administrative agency, or governmental body, provided, however, that the contesting in good faith by such Party of any such order and/or judgment shall not constitute or be construed to constitute a willful or negligent action or inaction of such Party. (e) Strikes or other such labor disputes shall not be considered an Uncontrollable Circumstance, unless such strike or labor dispute involves persons with whom the Parties have no employment relationship and for whom, despite using best efforts, the Parties cannot obtain substitute performance. page 91 3.13. West St. Paul: The City of West St. Paul, a Minnesota municipal corporation. 3.14. West St. Paul Representative: The West St. Paul City Manager, or his designee. 4. PROJECT DEVELOPMENT, DESIGN, CONTRACT AWARD, CONSTRUCTION 4.1. Development and Design. The Parties will jointly develop and design the scope of the Project. 4.2. Contract Award. The Contract Documents shall be approved by the Parties prior to the solicitation of bids. In accordance with the applicable provisions of Minnesota Statutes Ch. 429, West St. Paul will cause bids to be received by it for the construction of the Project and, subject to approval by the Mendota Heights and School District Representatives, shall award the contract for the construction of the Project to the lowest responsible bidder. 4.3. Project Construction. Subject to Uncontrollable Circumstances, West St. Paul shall cause the Project to be constructed in accordance with the Contract Documents. 4.4. Construction Administration. West St. Paul shall perform appropriate Project construction administration services, including, without limitation, representation of the Parties hereto with regard to activities of the Contractor at the construction site, periodic observations of the work at the construction site, initiate appropriate action to present or have corrected as appropriate, any work observed not to be in accordance with the Contract Documents, process Change Orders, and process Contractor pay request. West St. Paul shall not be responsible for the acts or omissions of the Contractor nor shall West St. Paul be responsible for construction means, methods, techniques, sequences, procedures or safety precautions at the construction site. 4.5. Change Orders. The Parties acknowledge that Contract Documents will be entered into by West St. Paul on behalf of the Parties with respect to the Project, and that Change Orders or other documents may be entered into by the Parties, or by West St. Paul on behalf of the Parties, with respect to the Project. To the extent any Change Order increases the cost of the Project described in Exhibit A which would result in an increase in the contribution of one or both of the other Parties, West St. Paul must not approve such a Change Order without the approval of the governing body of the Party or Parties affected by the increased cost of the Project. This Agreement shall be construed so as to give the fullest effect to its provisions, consistent with the provisions of the other contracts and documents referred to above. 5. PROJECT COSTS 5.1. Allocation. The expenses associated with the Project shall be allocated amongst the Parties as follows: (a) West St. Paul shall contribute $555,333.00 through general obligation bonds issued on or before July 1, 2015. (b) School District shall contribute $555,333.00 by paying West St. Paul by check or wire transfer on or before May 15, 2015. page 92 (c) Mendota Heights shall contribute $555,333.00 by paying West St. Paul by check or wire transfer as follows: 1. $277,666.50 on or before May 15, 2015 2. $277,666.50 on or before January 15, 2019 5.2. Payments to Contractor. West St. Paul shall make progress payments to the Contractor for the construction of the Project, and upon prior approval of the Parties, shall make the final payment to the Contractor in accordance with the Contract Documents as agent for the other Parties and on its own behalf. 6. REPRESENTATIVES To assist the Parties in the day-to-day performance of this Agreement and to ensure compliance with the specifications and provide ongoing consultation, representatives shall be designated by the Parties. The Parties shall inform the others, in writing, of any change in the designated representative. At the time of execution of this Agreement the designated representatives are identified in Section 3, the Definitions Section of this Agreement. 7. LIABILITY AND INSURANCE Each Party to this Agreement shall be liable for its own acts or omissions and those of its own employees and the results thereof to the extent authorized by law, and shall not be responsible for the acts of the other Party, its agents or employees. It is understood and agreed that liability and damages arising from the Parties' acts and omissions are governed by the provisions of the municipal Tort Claims Act, Minn. Stat. Ch. 466, the Minnesota Tort Claims Act and other applicable laws. Each Party warrants that it is able to comply with the aforementioned liability and insurance requirements through an insurance or self-insurance program and that each has minimum coverage consistent with the liability limits contained in Minn. Stat. Ch. 466. This Agreement shall not be construed as and does not constitute a waiver by any Party of any conditions, exclusions or limitations on the Party's liability provided by Minnesota Statutes, Chapter 466, or other applicable laws. This clause will not be construed to bar any legal remedies that each Party may have for another's failure to fulfill its obligations under this Agreement. 8. GOVERNMENT DATA PRACTICES The Parties must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by each Party under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by any Party under this Agreement. 9. VENUE page 93 Venue for all legal proceedings out of this Agreement, or its breach, must be in the appropriate court of competent jurisdiction in Dakota County, Minnesota. 10. TERMINATION 10.1. Termination. This Agreement may be terminated by any Party for Cause. "Cause" is defined as a breach of this Agreement by a Party or a Party's habitual neglect in the performance of its obligations pursuant to this Agreement. Cause will not be deemed to exist unless and until the Party asserting that a breach or habitual neglect has occurred provides the Party in breach or habitual neglect with written notice providing specific notice of the breach or habitual neglect and a sixty (60) calendar day opportunity to cure the breach or habitual neglect and the Party in receipt of the notice of breach or habitual neglect fails to remedy such breach or habitual neglect within sixty (60) calendar days. Upon termination of this Agreement for Cause, School District or Mendota Heights may request reimbursement for their respective portion of the contributed Project Construction Costs that have been paid to West St. Paul, on a pro -rated basis. 10.2. Termination for Insufficient Funding. Any Party may immediately terminate this Agreement if West St. Paul fails to successfully issue general obligation bonds to fund its portion of the Project. A Party is not obligated to pay for any services that are provided after notice and effective date of termination. A Party will not be assessed any penalty or damages if the Agreement is terminated due to lack of funding under this paragraph. West St. Paul must provide the other Parties notice of the lack of funding within a reasonable time of receiving that notice. 10.3. Termination for Closing Prior to 20 years. If the Ice Arena closes prior to the expiration of the Term of this Agreement, School District or Mendota Heights may terminate this Agreement and may request reimbursement for their respective portion of the contributed Project Construction Costs that have been paid to West St. Paul, on a pro -rated basis. However, if the Ice Arena closes prior to the expiration of 20 years due to any of the following: (a) Local youth hockey programs rents less than 65% of the ice time at the Ice Arena than the youth hockey programs rented the previous year; (b) School District discontinues its hockey program or rents less than 65% of the ice time at the Ice Arena than the School District rented the previous year; or (c) Uncontrollable Circumstances, then no Party shall be entitled to reimbursement for any portion of the contributed Project Construction Costs. 10.4. On -Going Ownership and Operation of Ice Arena. At the end of the Term of this Agreement or upon its termination as described in this Article 10, West St. Paul will continue to own and operate the Ice Arena at its own expense, for a period of at least 20 years. page 94 11. MISCELLANEOUS PROVISIONS 11.1. Execution in Counterparts. This Agreement may be executed in any number of counterparts and by the Parties hereto on separate counterparts, each of which counterparts when so executed and delivered shall be deemed to be an original, and all of which counterparts when taken together shall constitute but one and the same Agreement. 11.2. Assignment. No Party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other Parties and a fully executed Assignment Agreement, executed and approved by the same Parties who executed and approved this Agreement, or their successors in office. 11.3. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same Parties who executed and approved the original Agreement, or their successors in office. 11.4. Waiver. If any Party fails to enforce any provision of this Agreement, that failure does not waive the provision or its right to enforce it. 11.5. Contract Complete. This Agreement contains all negotiations, understandings and agreements between the Parties. No other understanding, agreement or revision regarding this Agreement, whether written or oral, may be used to bind any Party unless stated in writing and signed by all Parties. 11,6 Severability. In case any one or more of the provisions of the Agreement will be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained in this Agreement will not in any way be affected or impaired thereby. 11.7 Notices. All notices or communications required or permitted pursuant to this Agreement shall be either hand delivered or mailed to the Parties, certified mail, return -receipt requested, to the following address: WEST ST. PAUL: West St. Paul Attn: City Manager 1616 Humboldt Avenue West St. Paul, MN 55118 MENDOTA HEIGHTS: Mendota Heights Attn: City Administrator 1101 Victoria Curve Mendota Heights, MN 55118 page 95 SCHOOL DISTRICT: ISD 197 Attn: Director of Operations 1897 Delaware Avenue Mendota Heights, MN 551158 IN WITNESS WHEREOF, the undersigned governmental units have caused this Agreement to be executed by its duly authorized officers. WEST ST. PAUL David Meisinger Mayor Matthew Fulton City Manager Date: page 96 CITY OF MENDOTA HEIGHTS Sandra Krebsbach Mayor Tamara Schutta Interim City Administrator Date: INDEPENDENT SCHOOL DISTRICT 197 Name: Title: Name: Title: Date: page 97 Architectural systems Roofing Exterior issues Interior Issues Mechanical Systems plumbing HVAC Electrical lighting Ice System concrete floor refrigeration (R-22 Replacement) Total Construction Design/Engineering (16%) Total Project estimate Funding Sources State of Minnesota West St Paul Mendota Heights ISD 197 EXHIBIT A Total Project Estimate $ 50,000 $ 60,000 $ 36,000 $ 39,000 $ 250,000 $ 46,000 $ 525,000 $ 600,000 $ 1,606,000 $ 260,000 $ 1,866,000 $ 200,000 $ 555,333 $ 555,333 $ 555,333 $ 1,865,999 page 98 2015* 2019 $ 60,000 $ 36,000 $ 39,000 $ 40,000 $ 46,000 S 525,000 $ 600,000 $ 1,346,000 $ 201,900 $ 1,547,900 $ 50,000 $ 210,000 $ 260,000 $ 39,000 $ 299,000 $ 200,000 $ 555,333 $ 277,666 $ 277,666 $ 555,333 $ 1,588,332 $ 277,666 *2105 Project elements will be completed between March 15 and September 15, 2015 nCITY OF MENDGTA HEIGHTS DATE: TO: January 6, 2015 Mayor, Council and City Administrator page 99 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com FROM: Mike Aschenbrener, Chief of Police / Emergency Manager SUBJECT: Resolution 2015-04: Formally Acknowledging Receipt of Gift of a $50 to the Police Department BACKGROUND The city auditor has advised that Minnesota State Statute 465.03 "Gifts to municipalities" requires all donations be acknowledged by resolution. This memo meets Minnesota State Statutory requirements. Last week received a Christmas card with a check enclosed for use as the police officers would like from Larry Richter and Ilse DeWolf-Richter. I recommend the City Council pass the attached resolution accepting the donation to the police department to be used as the officers see fit during 2015. Thank you letters will be sent to Larry and Ilse after the resolution has been passed. RECOMMENDATION If Council desires to implement the recommendation, pass a motion adopting Resolution No. 2015-04"RESOLUTION FORMALLY ACKNOWLEDGING THE RECEIPT OF A $50 TO THE POLICE DEPARTMENT." page 100 City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 2015-04 FORMALLY ACKNOWLEDGING THE RECEIPT OF A $50 TO THE POLICE DEPARTMENT WHEREAS, the City of Mendota Heights desires to follow Minnesota Statute 465.03 "Gifts to municipalities"; and WHEREAS, the Minnesota State Statute requires a resolution to accept gifts to municipalities; and WHEREAS, the City has previously acknowledged gifts with a resolution; and WHEREAS, the City Council of the City of Mendota Heights have duly considered this matter and wish to acknowledge the civic mindedness of citizens and officially recognize their donations. NOW THEREFORE BE IT HEREBY RESOLVED that the City Council of the City of Mendota Heights accepts the donation of $50 from the Larry Richter and Ilse DeWolf-Richter for use as the police officer wish. Adopted by the City Council of the City of Mendota Heights this 6th day of January 2015. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST: Lorri Smith, City Clerk Lnj CITY OF MENIDOTA HEIGHTS page 101 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com DATE: January 6, 2015 TO: Mayor, Council, City Administrator and Chief of Police FROM: Mike Aschenbrener, Chief of Police/Emergency Manager SUBJECT: Trade in Drug Task Force (DTF) vehicle & purchase vehicle INTRODUCTION: The current DTF vehicle is a 2005 Ford Five Hundred and has been scheduled to be traded in the past several years. The DTF car has traditionally been a used car purchased or seizure. The past two budget cycles have yielded no serviceable seizures to help offset the purchase. This summer Investigator Chad Willson began working to resolve all forfeitures in the cities possession. The forfeiture money will be applied to this purchase for continued use towards drug and alcohol enforcement in accordance with Minnesota State Statute 609.531 Forfeitures and 609.5315 Disposition of Forfeited Property. Sergeant Petersen worked with local dealers and ended up with Luther Kia offering over double the trade in on the 2005 Ford, more than any offer received in the last attempts to trade the car. In 2013, the best offer was $1,000 from Inver Grove Ford. The city mechanic has looked at the car and has concerns about it being used without extensive repairs. Luther has arranged for a 2013 Hyundai SantaFe which has some of the original factory warranty still in effect. BUDGET IMPATCT: $6,000 was budgeted for this purchase along with the trade in of $3,200 and the forfeiture money from December 2014 ($4,550) will cover the cost of $11,642.67. RECOMMENDATION: If the Council so desires authorize staff to sign the title on the trade in vehicle and execute a purchase agreement for the 2013 Hyundai. CITY OF MENDOTA HEIGHTS page 102 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com DATE: January 6, 2015 TO: Mayor, City Council and City Administrator FROM: Ryan Ruzek, Assistant City Engineer SUBJECT: Final Payment and Acceptance of the Hunter & Orchard Neighborhood Improvements Job No. 200902 BACKGROUND: The contract work for the Hunter & Orchard Neighborhood Improvements project has been completed, inspected, approved and is ready for final payment (this will start the one-year guarantee period). Total contract costs for this project is $1,498,592.28, not including engineering and overhead costs. The original contract amount was $1,537,313.21. The project was $38,720.93 under the contract amount. BUDGET IMPACT: Final payment of this contract totals $58,289.51. RECOMMENDATION: Staff recommends that the city council pass a motion adopting Resolution No. 2015-04, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR JOB NUMBER 200902". page 103 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 2015-09 RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR JOB NUMBER 200903 WHEREAS, pursuant to a written contract signed with the City of Mendota Heights on May 8, 2013, with Northdale Construction Company, Inc. of Albertville, Minnesota, has satisfactorily completed the improvements for the Hunter & Orchard Neighborhood Improvements, job number 200902, in accordance with such contract. NOW THEREFORE IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby directed to issue a proper order for the final payment on such contract in the amount of $58,289.51 taking the contractor's receipt in full. Adopted by the City Council of the City of Mendota Heights this 6th day of January, 2015. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST Lorri Smith, City Clerk CITY OF MENDOTA HEIGHTS page 104 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www,mendota-heights.com DATE: January 6, 2015 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Assistant City Engineer SUBJECT: Sibley Memorial Highway Trail Rehabilitation Project — Change Order BACKGROUND Mendota Heights City Council approved the extension of a bituminous trail along Sibley Memorial Highway at their September 3, 2013 meeting. As construction was started it was discovered that an existing water main which is located underneath the proposed trail was too shallow for Minnesota winters and could potentially cause a freezing issue. It is assumed that the water main was installed at the shallow depth as a cost savings when it was originally constructed due to the geology of the area being mostly bed rock. A large rock hammer was brought in to chip away at the bed rock and install the water main at the proper depth. Three storm sewer manholes also needed to have bed rock removed. Pete's Sewer was the utility subcontractor for the project and submitted a time and materials invoice for this work. Mendota Heights is being invoiced $70,364.75 for the water main relocation and $15,634 for the storm sewer work. Urban companies, the prime contractor, is also needing to remove the excavated rock as it is not suitable for reuse on the project. Urban Companies is estimating approximately 200 yards of material would need to be removed to a landfill at a cost of $7600.00. This project was designed by a consultant and staff has been reviewing the history of the project to determine if the city has leverage for a cost share with the consultant. BUDGET IMPACT The additional utility work on the project is proposed to be funded using Municipal State Aid (MSA) on the project. Due to this work being on a private system MnDOT may require the city use local funds for the relocation work. Reimbursement for water main relocation and rock haul off would then be funded through the Mendota Heights water utility fund and the storm sewer would be funded through the storm water utility fund. Both funds have an adequate balance for this work. RECOMMENDATOIN If Council agrees with the staff s recommendation, pass a motion by simple majority vote approving change order #1 (Petes's Sewer) and change order #2 (Urban Companies) for the Sibley Memorial Highway Trail Extension Project. m CITY OF MENDOTA HEIGHTS page 105 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone A 651.452.9940 fax www.mendota-heights.com DATE: January 6, 2015 TO: Mayor and City Council FROM: Tamara Schutta, Interim City Administrator SUBJECT: Amendment to the Lease at 1196 Northland Drive At the September 2, 2014 City Council meeting, the Council approved a conditional use permit for AT&T to upgrade the wireless antenna facility's antennas and equipment to help increase the data and call capacity in the service area. The CUP also required an amendment to the existing Lease Agreement to be signed by the City. The Second Amendment to the Lease Agreement includes the following items: • The remaining term of the Lease will be six (6) renewal terms of five (5) years each. The new final Lease expiration date will be April 30, 2045. • On January 1, 2015, the rent will remain at 2,815.17 per month. • On May 1, 2015, and on the anniversary of the date each year, the monthly rent increase will be based on the Consumer Price Index published by the Bureau of Labor and Statistics of the United States Department of labor. In no event will the increase in rent calculated for any one year period exceed five percent (5%) of the most recent rent. In the event of a decrease in the CPI -U indicator, the rent will not decrease but will remain the same as in the previous year. City staff and City Attorney Lehmann have reviewed the second amendment to the lease agreement for 1196 Northland Drive and recommend approval. ATTACHED • Second Amendment to Lease Agreement for 1196 Northland Drive BUDGET IMPACT As noted above. RECOMMENDATION Staff recommends approval of the second amendment to the lease agreement for 1196 Northland Drive. If Council wishes to implement the recommendation, pass a motion authorizing the Mayor to execute the lease document. page 106 Site: Mendota Heights BUN: 856038 / FA: 10094898 SECOND AMENDMENT TO LEASE AGREEMENT THIS SECOND AMENDMENT TO LEASE AGREEMENT (this "Amendment") is made effective this da3m1gPS 1'0 of Date , 201_, by and between CITY OF MENDOTA HEIGHTS, a Minnesota municipal corporation ("Landlord"), having a mailing address of 1101 Victoria Curve, Mendota Heights, Minnesota 55118, and CCATT, a Delaware limited liability company ("Tenant"), with a mailing address of 2000 Corporate Drive, Canonsburg, Pennsylvania 15317. RECITALS: WHEREAS, Landlord and Tenant are the current parties under that certain Lease Agreement dated as of April 19, 2000, with a commencement date of December 1, 2000, originally by and between AT&T Wireless Services of Minnesota, Inc., a Nevada corporation ("AT&T"), as tenant, and Landlord, as landlord (the "Lease"), whereby AT&T leased certain real property from Landlord, together with access and utility easements, that is more particularly described in the Lease (the "Leased Premises"), which is located on a portion of Landlord's property that is more particularly described on Exhibit "A" ("Landlord's Property"); WHEREAS, the Lease was amended by that certain First Amendment to Lease Agreement dated April 25, 2005; WHEREAS, Tenant is the successor in interest to AT&T; WHEREAS, the Lease as amended and assigned is referred to herein as the "Agreement"; WHEREAS, the Leased Premises may be used for the purpose of installing, removing, replacing, modifying, maintaining and operating a communications facility, including, without limitation, antenna equipment, cable wiring, backup power sources (including generators and fuel storage tanks), related fixtures and, if applicable to the Leased Premises, an antenna structure; WHEREAS, the Agreement has an original term (including all Extension Terms) that will expire on April 30, 2030 (the "Original Term"), and Landlord and Tenant desire to amend the terms of the Agreement to provide for additional terms beyond the Original Term; and WHEREAS, Landlord and Tenant desire to further amend the Agreement on the terms and conditions contained herein. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant agree as follows: 1 Site: Mendota Heights BUN: 856038 / FA: 10094898 BH01 \2159204.1 ID\EKC - 101460\1921 page 107 1. Defined Terms. Any capitalized terms not defined herein shall have the meanings ascribed to them in the Agreement. 2. Term. Landlord and Tenant acknowledge and agree that the current Extension Term of the Agreement will expire on April 30, 2015. In lieu of the remaining Extension Terms set forth in the Agreement, from and after the date hereof, Tenant shall have the right to renew the Agreement for six (6) additional five (5) year terms (each, an "Extension Term"). Each Extension Term shall automatically renew unless Tenant provides Landlord with written notice of its intent not to renew the Agreement at least sixty (60) days prior to the expiration of the then current Extension Term. The Term of the Agreement, including all Extension Terms, if exercised, will expire on April 30, 2045. 3. Rent. As of the date of this Amendment, the monthly rent paid to Landlord shall be Two Thousand Eight Hundred Fifteen and 17/100 ($2,815.17) per month. 4. Future Rent Increases. Commencing on May 1, 2015, and on the anniversary of that date each year thereafter (each, an "Adjustment Date"), the monthly rent shall increase based on the Consumer Price Index published by the Bureau of Labor and Statistics of the United States Department of Labor for all Urban Consumers, US City Average, All Items, Not Seasonally Adjusted, Base Period 1982-84=100 ("CPI -U") indicator and shall be determined by dividing the CPI -U indicator published three (3) months prior to the applicable Adjustment Date by the CPI -U indicator published one (1) year and three (3) months prior to the applicable Adjustment Date, and multiplying the resultant number by the monthly lease rental amount of the most recent rent. In no event shall the increase in rent calculated for any one (1) year period exceed five percent (5%) of the most recent rent. In the event of a decrease in the CPI -U indicator, the rent will not decrease but will remain the same as in the previous year. Such rent escalations shall replace any rent escalations currently in the Agreement. 5. Right of First Refusal. If Landlord receives an offer from any person or entity that owns towers or other wireless telecommunications facilities (or is in the business of acquiring Landlord's interest in the Agreement) to purchase fee title, an easement, a lease, a license, or any other interest in any portion of Landlord's Property, or Landlord's interest in the Agreement, or an option for any of the foregoing, Landlord shall provide written notice to Tenant of said offer, and Tenant shall have a right of first refusal to acquire such interest on the same terms and conditions in the offer, excluding any terms or conditions which are (i) not imposed in good faith or (ii) directly or indirectly designed to defeat or undermine Tenant's possessory or economic interest in the Leased Premises. If Landlord's notice covers portions of Landlord's Property beyond the Leased Premises, Tenant may elect to acquire an interest in only the Leased Premises, and the consideration shall be prorated on an acreage basis. Landlord's notice shall include the prospective buyer's name, the purchase price and/or other consideration being offered, the other terms and conditions of the offer, the due diligence period, the proposed closing date and, if a portion of Landlord's Property is to be sold, leased or otherwise conveyed, a description of said portion. If the Landlord's notice shall provide for a due diligence period of less than sixty (60) days, then the due diligence period shall be extended to be sixty (60) days from exercise of the right of first refusal and closing shall occur no earlier than fifteen (15) days thereafter. If Tenant does not exercise its right of first refusal by written notice to Landlord 2 Site: Mendota Heights BUN: 856038 / FA: 10094898 BH01 \2159204.1 ID\EKC - 101460\1921 page 108 given within thirty (30) days, Landlord may convey the property as described in the Landlord's notice. If Tenant declines to exercise its right of first refusal, then the Agreement shall continue in full force and effect and Tenant's right of first refusal shall survive any such conveyance. Tenant shall have the right, at its sole discretion, to assign the right of first refusal to any person or entity, either separate from an assignment of the Agreement or as part of an assignment of the Agreement. Such assignment may occur either prior to or after Tenant's receipt of Landlord's notice and the assignment shall be effective upon written notice to Landlord. 6. Rent Guarantee. If at any time prior to January 31, 2020: (a) Tenant exercises any of Tenant's rights to terminate the Agreement, or (b) Tenant elects not to renew the Agreement, Tenant shall pay a termination fee ("Termination Fee") equal to the amount of rent that Tenant would have owed to Landlord under the Agreement, as amended, between the date of such early termination or election not to renew, as the case may be, and January 31, 2020. The Termination Fee will be due and payable in the same manner and on the same dates as set forth in the Agreement. Notwithstanding the foregoing, Tenant will be released from any and all of its obligations under the. Agreement as of the effective date of such termination and shall not be required to pay the Termination Fee if Tenant terminates the Agreement due to a Landlord default. 7. Governmental Approvals. If requested by Tenant, Landlord will execute, at Tenant's sole cost and expense, all documents required by any governmental authority in connection with any development of, or construction on, the Leased Premises, including documents necessary to petition the appropriate public bodies for certificates, permits, licenses and other approvals deemed necessary by Tenant in Tenant's absolute discretion to utilize the Leased Premises for the purpose of constructing, maintaining and operating communications facilities, including, without limitation, tower structures, antenna support structures, cabinets, meter boards, buildings, antennas, cables, equipment and uses incidental thereto. Landlord agrees to be named applicant if requested by Tenant. In furtherance of the foregoing, Landlord hereby appoints Tenant as Landlord's attorney-in-fact to execute all land use applications, permits, licenses and other approvals on Landlord's behalf. 8. Notice. The parties agree and acknowledge that all notices provided to Tenant pursuant to the Agreement shall be sent to the following address: CCATT c/o Crown Castle USA Inc. E. Blake Hawk, General Counsel Atte: Legal — Real Estate Department 2000 Corporate Drive Canonsburg, Pennsylvania 15317 9. Representations, Warranties and Covenants of Landlord. Landlord represents, warrants and covenants to Tenant as follows: 3 Site: Mendota Heights BUN: 856038 / FA: 10094898 BH01\2159204.1 1D\EKC - 101460\1921 page 109 (a) Landlord is duly authorized to and has the full power and authority to enter into this Amendment and to perforin all of Landlord's obligations under the Agreement as amended hereby. (b) Except as expressly identified in this Amendment, Landlord owns the Leased Premises free and clear of any mortgage, deed of trust, or other lien secured by any legal or beneficial interest in the Leased Premises, or any right of any individual, entity or governmental authority arising under an option, right of first refusal, lease, license, easement or other instrument other than any rights of Tenant arising under the Agreement as amended hereby and the rights of utility providers under recorded easements. (c) Upon Tenant's request, Landlord shall discharge and cause to be released (or, if approved by Tenant, subordinated to Tenant's rights under the Agreement as amended hereby) any mortgage, deed of trust, lien or other encumbrance that may now or hereafter exist against the Leased Premises. (d) Upon Tenant's request, Landlord shall cure any defect in Landlord's title to the Leased Premises which in the reasonable opinion of Tenant has or may have an adverse effect on Tenant's use or possession of the Leased Premises. (e) Tenant is not currently in default under the Agreement, and to Landlord's knowledge, no event or condition has occurred or presently exists which, with notice or the passage of time or both, would constitute a default by Tenant under the Agreement. (f) Landlord agrees to execute and deliver such further documents and provide such further assurances as may be requested by Tenant to effect any release or cure referred to in this Section, carry out and evidence the full intent and purpose of the parties under the Agreement as amended hereby, and ensure Tenant's continuous and uninterrupted use, possession and quiet enjoyment of the Leased Premises under the Agreement as amended hereby. 10. Counterparts. This Amendment may be executed in multiple counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one and the same agreement. 11. Remainder of Agreement Unaffected. In all other respects, the remainder of the Agreement and all amendments thereto shall remain in full force and effect. Any portion of the Agreement and all amendments thereto that are inconsistent with this Amendment are hereby amended to be consistent. 12. Letter Agreement. This Amendment supersedes that certain Letter Agreement by and between Landlord and Tenant dated as of November 12, 2014 (the "November 2014 Letter Agreement"), and in the case of any conflict or inconsistency between the terms and conditions contained in the November 2014 Letter Agreement and the terms and conditions contained in this Amendment, the terms and conditions of this Amendment shall govern and control. In the event Landlord (as defined in this Amendment) includes any individual or entity that was not a 4 Site: Mendota Heights BUN: 856038 / FA: 10094898 BH01\2159204.1 ID\EKC - 101460\1921 page 110 party to the November 2014 Letter Agreement, such individual or entity agrees to be bound by the Landlord's (as defined in the November 2014 Letter Agreement) obligations, representations, and warranties set forth in the November 2014 Letter Agreement. [SIGNATURE PAGES TO FOLLOW] 5 Site: Mendota Heights BUN: 856038 / FA: 10094898 BH01 \2159204.1 ID\EKC - 101460\1921 page 111 IN WITNESS WHEREOF, Landlord and Tenant have executed this Amendment as of the date first written above. LANDLORD: CITY OF MENDOTA HEIGHTS, a Minnesota municipal corporation By: Name: Its: [TENANT'S SIGNATURE PAGE TO FOLLOW] 6 Site: Mendota Heights BUN: 856038 / FA: 10094898 BH01\2159204.1 ID \EKC - 101460\1921 page 112 TENANT: CCATT, a Delaware limited liability company By: Name: Title: 7 Site: Mendota Heights BUN: 856038 / FA: 10094898 BH01 \2159204.1 ID\EKC - 101460\1921 EXHIBIT "A" LEGAL DESCRIPTION OF LANDLORD'S PROPERTY Land situated in Dakota County, Minnesota more particularly described as follows: Tract A. page 113 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 B13 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 Corner 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 B11; thence continue on the last described course for 200 feet and there terminating; containing 1.34 acres, more or less; Tax Parcel Identification Number: 27-03400-75-014 Common Address: 1196 Northland Drive, Mendota Heights, Minnesota 55120 A-1 Site: Mendota Heights BUN: 856038 / FA: 10094898 BH0112159204.1 ID \EKC - 101460\1921 page 114 MEMORANDUM OF LEASE AGREEMENT See Exhibit "A" for Legal Description, Common Address and Parcel No. THIS MEMORANDUM OF LEASE AGREEMENT (this "Memorandum") is made this day of Pie "se Do Not Date 201 , by and between CITY OF MENDOTA HEIGHTS, a Minnesota municipal corporation ("Landlord"), having a mailing address of 1101 Victoria Curve, Mendota Heights, Minnesota 55118, and CCATT, a Delaware limited liability company ("Tenant"), whose mailing address is c/o Crown Castle USA Inc., E. Blake Hawk, General Counsel, Attn: Legal — Real Estate Department, 2000 Corporate Drive, Canonsburg, Pennsylvania 15317. RECITALS WHEREAS, Lease Agreement dated as of April 19, 2000, with a commencement date of December 1, 2000, originally by and between AT&T Wireless Services of Minnesota, Inc., a Nevada corporation ("AT&T"), as tenant, and Landlord, as landlord, as amended by that certain First Amendment to Lease Agreement dated April 25, 2005 (together, the "Lease"); WHEREAS, Tenant is the successor in interest to AT&T; WHEREAS, the parties have modified the terms of the Lease by that certain Second Amendment to Lease Agreement dated the same date as this Memorandum, by and between Landlord and Tenant, and wish to provide record notice of the existence of the Lease as amended thereby (hereafter, the Lease is referred to as the "Amended Lease") and the status of certain rights and interests thereunder through the recording of this Memorandum in the Public Records of Dakota County, Minnesota; and WHEREAS, the Amended Lease pertains to certain real property leased to Tenant (the "Leased Premises") together with access and utility easements granted to Tenant more particularly described in the Amended Lease, located on a portion of Landlord's property that is more particularly described on Exhibit "A" attached hereto and incorporated by this reference ("Landlord's Property"). Site: Mendota Heights BUN: 856038 / FA: 10094898 BHOI \2159205.1 ID\EKC - 101460\1921 page 115 OPERATIVE PROVISIONS NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Landlord and Tenant hereby agree as follows: 1. The recitals hereinabove are true and correct and are incorporated herein by this reference. 2. Landlord hereby acknowledges, ratifies, and confirms Tenant's interest in and to the Amended Lease. 3. The terms and provisions of the Amended Lease are hereby restated and incorporated herein by this reference. 4. The Amended Lease will expire on April 30, 2015, after which Tenant shall have the right to extend the term of the Amended Lease for six (6) extension terms of five (5) years each. The term of the Amended Lease, including all extension terms, if exercised, will expire on April 30, 2045. 5. The Amended Lease pertains to a portion of that certain real property described on Exhibit "A" attached hereto. 6. The Amended Lease provides Tenant with a right of first refusal with respect to all or a portion of Landlord's Property, upon the terms and conditions more particularly set forth in the Second Amendment to Lease Agreement. 7. The parties consent to the recording of this Memorandum in the public records of the county in which the Leased Premises is situated, and agree that this Memorandum shall be executed in recordable form. 8. This Memorandum may be executed in counterparts, each of which shall constitute an original instrument. [Remainder of page intentionally left blank; signatures begin on the following page] 2 Site: Mendota Heights BUN: 856038 / FA: 10094898 BHOI \2159205.1 ID\EKC - 101460\1921 page 116 IN WITNESS WHEREOF, Landlord and Tenant have executed this Memorandum as of the date first written above. LANDLORD: CITY OF MENDOTA HEIGHTS, a Minnesota municipal corporation By: Name: Its: Date: ACKNOWLEDGEMENT STATE OF ) SS COUNTY OF ) On this, the day of , 201 , before me Notary Public, the undersigned officer, personally appeared , who acknowledged him/herself to be the of the City of Mendota Heights, a Minnesota municipal corporation, and that he/she, being authorized to do so, executed the foregoing Memorandum of Lease Agreement for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public, State of , County of Acting in the County of My Commission Expires: 3 Site: Mendota Heights BUN: 856038 / FA: 10094898 BH01\2159205.1 ID\EKC - 101460\1921 page 117 TENANT: CCATT, a Delaware limited liability company By: Name: Title: Date: ACKNOWLEDGEMENT STATE OF TEXAS ) SS COUNTY OF HARRIS On this, the day of , 201_, before me Notary Public, the undersigned officer, personally appeared , who acknowledged him/herself to be the of CCATT, a Delaware limited liability company, and that he/she, being authorized to do so, executed the foregoing Memorandum of Lease Agreement for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public, State of Texas, County of Harris My Commission Expires: This document was prepared by: After recording return to: DYKEMA GOSSETT PLLC Erin K. Collins, Esq. 39577 Woodward Ave., Suite 300 Bloomfield Hills, Michigan 48304-5086 4 Site: Mendota Heights BUN: 856038 / FA: 10094898 BH01\2159205.1 ID\EKC - 101460\1921 page 118 EXHIBIT "A" LEGAL DESCRIPTION OF LANDLORD'S PROPERTY Land situated in Dakota County, Minnesota more particularly described as follows: 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 B13 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 Corner 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 1311; thence continue on the last described course for 200 feet and there terminating; containing 1.34 acres, more or Tess; Tax Parcel Identification Number: 27-03400-75-014 Common Address: 1196 Northland Drive, Mendota Heights, Minnesota 55120 A-1 Site: Mendota Heights BUN: 856038 / FA: 10094898 BH01 \2159205.1 ID\EKC - 101460\1921 page 119 1101 Victoria Curve I Mendota Weights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com DATE: TO: FROM: SUBJECT: CITY OF MENDOTA HEIGHTS BACKGROUND January 6, 2015 Mayor, City Council and City Administrator Kristen Schabacker, Finance Director \ , \I' Claims List Summary Significant Claims Blue Chip Tree Co — Tree Removal CDW — G - Computer Equipment Crawford Door — Public Works Garage Door Replacement Goodpoint Technology — Asset Management System - Engineering McNamara Construction — Victoria Road Project Northdale Construction — Hunter/Orchard Project RK Hunter — City Hall Heat Cable Project Tim Lemke Construction — City Hall Office Remodel Wallraff Electric Co — City Hall Heat Cable Project $ 4,200.00 $ 4,472.34 $ 6,258.00 $ 37,995.00 $ 528,964.69 $ 58,289.51 $ 8,424.00 $ 3,000.00 $ 6,930.00 Manual Checks Total $ 39,127.69 System Checks Total $ 730,933.26 Total for the list of claims for the January 6, 2015 city council meeting $ 770,060.95 RECOMMENDATION: Approval of the list of claims for January 6, 2015. Account CITY OF MENDOTA HEIGHTS Claims List MANUAL CHECKS 12/31/14 MAN Comments DEPT Descr Amount page 120 12/31/14 11:01 AM Page 1 Search Name HINZE, SHARON E 01-4490-109-09 Search Name HINZE, SHARON CITY RECEPTION SUPPLIES City Council Search Name I C M A RETIREMENT 457 G 01-2073 12/19/2014 PAYROLL G 01-2072 12/19/2014 PAYROLL Search Name I C M A RETIREMENT 457 Search Name NATIONWIDE RE 1 IREMENT SOLUTION G 01-2072 12/19/2014 PAYROLL Search Name NATIONWIDE RETIREMENT SOLUTION Search Name SCHUTTA, TAMARA E 01-4490-109-09 Search Name SCHUTTA, TAMARA CITY RECEPTION - J. MILLER City Council Search Name SW/WC SERVICE COOPERATIVES G 05-1210 G 01-1215 G 01-1215 JAN 2015 HEALTH PREMIUM JAN 2015 HEALTH PREMIUM JAN 2015 HEALTH PREMIUM Search Name SW/WC SERVICE COOPERATIVES Search Name UNITED WAY OF ST. PAUL G 01-2070 12/19/2014 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 01-4212-320-70 E 01-4211-320-70 E 45-4211-046-45 E 45-4212-046-45 E 45-4211-047-45 Search Name XCEL ENERGY REPLENISH POSTAGE METER NOV 2014 UTILITIES NOV 2014 UTILITIES NOV 2014 UTILITIES NOV 2014 UTILITIES NOV 2014 UTILITIES Parks & Recreation Parks & Recreation Golf Course Golf Course Golf Course $73.55 r $73.55 $192.00 $483.99 $675.99 $50.00 $50.00 $661.12 $661.12 $4,008.00 $27,030,00 $5,057.00 $36,095.00 $47.75 $47.75 $1,200.00 $1,200.00 $16.37 $12.88 $33.28 $63.29 $198.46 $324.28 $39,127,69 CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 01/06/15 PAY page 121 12/31/14 11:05 AM Page 1 Account Comments DEPT Descr Amount Search Name ADVANTAGE SIGNS & GRAPHICS G 01-2010 STREET SIGNS $747.50 G 01-2010 STREET SIGNS $141.00 Search Name ADVANTAGE SIGNS & GRAPHICS $888.50 Search Name AIRWATCH E 01-4301-114-14 Search Name AIRWATCH MOBILE DEVICE MGMT SOFTWARE Info Tech $2,760.00 $2,760.00 Search Name ALLINA HEALTH G 01-2010 MEDICAL EXAMS - FIRE DEPT $2,346.00 Search Name ALLINA HEALTH $2,346.00 Search Name AMERICAN PROMOTIONAL INCENTIVE G 01-2010 STAFF T-SHIRTS - PARK & REC. Search Name AMERICAN PROMOTIONAL INCENTIVE Search Name AMERIPRIDE SERVICES G 01-2010 MAT SERVICE - PW GARAGE G 15-2010 MAT SERVICE - PW GARAGE Search Name AMERIPRIDE SERVICES $849.70 $849.70 $56.21 $28.10 $84.31 Search Name ARROW MOWER INC. G 01-2010 EQUIP. REPAIR PARTS - PARKS $8.32 G 01-2010 EQUIP. REPAIR PARTS - PARKS $187.42 Search Name ARROW MOWER INC. $195.74 Search Name ASSURANT EMPLOYEE BENEFITS E 01-4132-031-30 JAN 2015 LTD PREMIUM Fire $169.60 Search Name ASSURANT EMPLOYEE BENEFITS $169.60 Search Name BESSER WELDING & FABRICATION G 15-2010 MATERIAL - SHOP G 01-2010 MATERIALS - SHOP G 01-2010 EQUIP. REPAIR PARTS - STREETS Search Name BESSER WELDING & FABRICATION Search Name BLUE CHIP TREE CO. G 01-2010 TREE REMOVAL Search Name BLUE CHIP TREE CO. Search Name BURNSVILLE, CITY OF G 01-2010 JPA ADMIN. FEE Search Name BURNSVILLE, CITY OF Search Name BYRNES, KEVIN G 01-2010 4TH QTR ARC MEETINGS Search Name BYRNES, KEVIN Search Name C. DARLENE OEHLKE, CAP G 01-2010 12/23/14 PLANNING COMM. MEETING G 01-2010 12/16/14 CITY COUNCIL MEETING Search Name C. DARLENE OEHLKE, CAP Search Name CDW GOVERNMENT, INC $35.75 $71.48 $23.94 $131.17 $4,200.00 $4,200.00 $1,319.57 $1,319.57 $50.00 $50.00 $57.60 $59.40 $117.00 CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 01/06/15 PAY page 122 12/31/14 11:05 AM Page 2 Account Comments DEPT Descr Amount G 01-2010 COMPUTER REPLACEMENT - PD $1,490.78 G 01-2010 COMPUTER EQUIPMENT - PD $2,981.56 Search Name CDW GOVERNMENT, INC $4,472.34 Search Name CEMSTONE PRODUCTS CO G 01-2010 PARK MAINT. SUPPLIES Search Name CEMSTONE PRODUCTS CO Search Name CONTINENTAL SAFETY EQ G 15-2010 SAFETY SUPPLIES - SEWER Search Name CONTINENTAL SAFETY EQ $117.30 $117.30 $44.77 $44.77 Search Name CRAWFORD DOOR G 01-2010 GARAGE DOOR REPLACEMENT - PW $4,172.00 G 15-2010 GARAGE DOOR REPLACEMENT - PW $2,086.00 Search Name CRAWFORD DOOR $6,258.00 Search Name CSI ERGONOMICS G 01-2010 Search Name CSI ERGONOMICS $293.00 OFFICE SUPPLIES - ADMIN $293.00 Search Name DAKOTA COMMUNICATIONS CENTER E 01-4275-020-20 JAN 2015 DCC FEE Police $16,785.00 E 01-4275-030-30 JAN 2015 DCC FEE Fire $585.00 Search Name DAKOTA COMMUNICATIONS CENTER $17,370.00 Search Name DAKOTA COUNTY E 15-4490-060-60 JPA PUMP FEES - 2015 Search Name DAKOTA COUNTY Utility Enterprise $178.20 $178.20 Search Name DAKOTA COUNTY CHAMBER OF COMM E 21-4490-000-00 2015 GUIDE Spec Fds $1,000.00 Search Name DAKOTA COUNTY CHAMBER OF COMM $1,000.00 Search Name DAKOTA COUNTY FINANCIAL SERVIC G 01-2010 NOTARY SIGNATURE RECORDING - N. BADE Search Name DAKOTA COUNTY FINANCIAL SERVIC Search Name DC MAAG G 01-2010 $20.00 $20.00 2014 SWAT WEEK EXPENSE $362.20 Search Name DC MAAG $362.20 Search Name DELTA DENTAL G 01-2071 JAN 2015 DENTAL PREMIUM $1,118.50 E 01-4131-020-20 JAN 2015 DENTAL PREMIUM Police $911.65 G 01-2074 JAN 2015 DENTAL PREMIUM $283.45 E 08-4131-000-00 JAN 2015 DENTAL PREMIUM Spec Fds $42.90 E 05-4131-105-15 JAN 2015 DENTAL PREMIUM Engineering Enterprise $197.65 E 01-4131-070-70 JAN 2015 DENTAL PREMIUM Parks & Recreation $309.50 E 01-4131-110-10 JAN 2015 DENTAL PREMIUM Administration $266.60 E 01-4131-050-50 JAN 2015 DENTAL PREMIUM Road & Bridges $464.25 E 15-4131-060-60 JAN 2015 DENTAL PREMIUM Utility Enterprise $223.70 Search Name DELTA DENTAL $3,818.20 Search Name DUNN, BILL Account G 01-2010 Search Name DUNN, BILL Search Name ELECTRO WATCHMAN E 01-4210-050-50 E 01-4210-070-70 E 15-4210-060-60 Search Name ELECTRO WATCHMAN Search Name ESRI INC. E 05-4301-105-15 E 01-4300-080-80 Search Name ESRI INC. CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 01/06/15 PAY Comments 4TH QTR ARC MEETINGS DEPT Descr page 123 12/31/14 11:05 AM Page 3 QUARTERLY SECURITY MONITORING - PW QUARTERLY SECURITY MONITORING - PW QUARTERLY SECURITY MONITORING - PW SOFTWARE LICENSES SOFTWARE LICENSES Road & Bridges Parks & Recreation Utility Enterprise Amount $50.00 $50.00 $110.00 $110.00 $110.00 $330.00 Engineering Enterprise $800.00 Planning $400.00 $1,200.00 Search Name EVANS, JACK G 01-2010 4TH QTR PARK & REC COMM. MEETINGS $75.00 Search Name EVANS, JACK $75.00 Search Name EVEREST EMERGENCY VEHICLES INC G 01-2010 EQUIP. REPAIR PARTS - STREETS $398.98 Search Name EVEREST EMERGENCY VEHICLES INC $398.98 Search Name FIELD, LITTON JR G 01-2010 Search Name FIELD, LITTON JR 4TH QTR PLANNING COMM. MEETINGS $75.00 $75.00 Search Name FIT TEST INC G 01-2010 FIT TEST - PD $345.00 Search Name FIT TEST INC $345.00 Search Name FLEET FARM/GE MONEY BANK G 01-2010 OPERATING SUPPLIES - STREETS $110.66 G 01-2010 KEROSENE - SHOP $48.23 Search Name FLEET FARM/GE MONEY BANK $158.89 Search Name FLEET SERVICES G 01-2010 NOV 2014 SQUAD LEASES $4,418.40 Search Name FLEET SERVICES $4,418.40 Search Name GERLACH SERVICE INC. G 01-2010 EQUIP. MAINTENANCE PARTS - PARKS $84.15 Search Name GERLACH SERVICE INC. $84.15 Search Name GOODPOINT TECHNOLOGY, INC. G 05-2010 ASSET MGMT SYSTEM - ENGINEERING $19,995.00 E 05-4301-105-15 ASSET MGMT SYSTEM - 2015 SUPPORT Engineering Enterprise $18,000.00 Search Name GOODPOINT TECHNOLOGY, INC. $37,995.00 Search Name GRAYBAR ELECTRIC G 01-2010 LIGHTING SUPPLIES - PW $66.72 G 15-2010 LIGHTING SUPPLIES - PW $33.36 G 01-2010 LIGHTING SUPPLIES - PW $66.72 G 15-2010 LIGHTING SUPPLIES - PW $33.36 Search Name GRAYBAR ELECTRIC $200.16 Search Name HENNES, DOUG CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 01/06/15 PAY page 124 12/31/14 11:05 AM Page 4 Account Comments DEPT Descr Amount G 01-2010 4TH QTR PLANNING COMM. MEt I INGS $50.00 Search Name HENNES, DOUG $50.00 Search Name HINDERSCHEID, PAT G 01-2010 4TH QTR PARK & REC. COMM. MEETINGS $75.00 Search Name HINDERSCHEID, PAT $75.00 Search Name HOME DEPOT CREDIT SERVICES G 08-2010 G 01-2010 G 01-2010 G 01-2010 G 01-2010 G 01-2010 G 01-2010 G 08-2010 G 08-2010 •G 15-2010 G 01-2010 G 15-2010 G 01-2010 G 08-2010 G 01-2010 G 01-2010 G 01-2010 G 08-2010 BLDG MAINT. SUPPLIES - CITY HALL OPERATING SUPPLIES - FIRE DEPT BLDG MAINT. SUPPLIES - FIRE HALL MAIL BOX REPAIR MATERIALS OPERATING SUPPLIES -STREETS OPERATING SUPPLIES - PARKS OPEARTING SUPPLIES - PARKS BLDG MAINT. SUPPLIES - CITY HALL CLEANING SUPPLIES - CITY HALL SHOP SUPPLIES SHOP SUPPLIES OPERATING SUPPLIES - SEWER OPERATING SUPPLIES - PARKS BLDG MAINT. SUPPLIES - CITY HALL OPERATING SUPPLIES - PARKS OPERATING SUPPLIES - STREETS OPERATING SUPPLIES - STREETS BLDG MAINT. SUPPLIES - CITY HALL -$9.97 $12.86 $59.36 $213.45 $147.83 $73.21 $235.02 $9.97 $22.33 $43.66 $87.30 $45.09 $30.83 $14.59 $34.94 $147.83 -$147.83 $33.52 Search Name HOME DEPOT CREDIT SERVICES $1,053.99 Search Name HOSE INC G 01-2010 EQUIP. REPAIR PARTS - STREETS $123.18 Search Name HOSE INC $123.18 Search Name INNOVATIVE OFFICE SOLUTIONS G 01-2010 G 01-2010 G 05-2010 G 01-2010 G 15-2010 G 05-2010 G 01-2010 OFFICE SUPPLIES - FIRE DEPT OFFICE SUPPLIES - ADMIN OFFICE SUPPLIES - ENG. OFFICE SUPPLIES - FIRE DEPT OFFICE SUPPLIES - UB OFFICE SUPPLIES - ENG. OFFICE SUPPLIES - ADMIN $53.40 $109.45 $24.56 $29.55 $1.97 $6.87 $20.39 Search Name INNOVATIVE OFFICE SOLUTIONS $246.19 Search Name INTEGRA TELECOM E 01-4210-020-20 JAN 2015 TELEPHONE SERVICE Police $63.87 E 15-4210-060-60 JAN 2015 TELEPHONE SERVICE Utility Enterprise $125.07 E 01-4210-050-50 JAN 2015 TELEPHONE SERVICE Road & Bridges $21.29 E 05-4210-105-15 JAN 2015 TELEPHONE SERVICE Engineering Enterprise $83.71 E 01-4210-040-40 JAN 2015 TELEPHONE SERVICE Code Enforcement/Inspe $33.49 E 01-4210-020-20 JAN 2015 TELEPHONE SERVICE Police $133.94 G 15-2010 DEC 2014 TELEPHONE SERVICE $125.06 G 01-2010 DEC 2014 TELEPHONE SERVICE $106.45 G 05-2010 DEC 2014 TELEPHONE SERVICE $83.71 E 01-4210-070-70 JAN 2015 TELEPHONE SERVICE Parks & Recreation $21.29 G 01-2010 DEC 2014 TELEPHONE SERVICE $334.85 CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 01/06/15 PAY page 125 12/31/14 11:05 AM Page 5 Account Comments DEPT Descr Amount E 01-4210-110-10 JAN 2015 TELEPHONE SERVICE Administration $167.43 Search Name INTEGRA TELECOM $1,300.16 Search Name INTERSTATE BATTERY SYSTEM G 01-2010 EQUIPMENT MAINTENANCE - PD $159.90 Search Name INTERSTATE BATTERY SYSTEM $159.90 Search Name INVER GROVE FORD G 01-2010 G 01-2010 G 01-2010 G 01-2010 Search Name INVER GROVE FORD EQUIP. REPAIR PARTS - PD EQUIP. REPAIR PARTS - PD EQUIP. REPAIR PARTS - PD EQUIP. REPAIR PARTS - PD Search Name INVER GROVE HEIGHTS, CITY OF G 01-2010 TRAINING EQUIPMENT - PD Search Name INVER GROVE HEIGHTS, CITY OF Search Name JRK SEED & TURF SUPPLY G 01-2010 FERTILIZER - PARKS Search Name JRK SEED & TURF SUPPLY $247.15 -$31.47 $278.62 -$247.15 $247.15 $798.79 $798.79 $2,236.50 $2,236.50 Search Name KEEPRS, INC G 01-2010 EQUIPMENT - PD $362.00 Search Name KEEPRS, INC $362.00 Search Name KING AND I THAI G 01-2010 Search Name KING AND I THAI INVESTIGATION FEE REFUND $1,000.00 $1,000.00 Search Name KIPP, IRA G 01-2010 4TH QTR PARK & REC COMM. MEETINGS $75.00 Search Name KIPP, IRA $75.00 Search Name KLM ENGINEERING, INC G 01-2125 T -MOBILE RETAINER Search Name KLM ENGINEERING, INC $1,500.00 $1,500.00 Search Name KREBSBACH, SANDRA G 01-2010 DEC 2014 MILEAGE REIMBURSEMENT $44.80 Search Name KREBSBACH, SANDRA $44.80 Search Name LEL S G 01-2075 JAN 2015 UNION DUES $517.00 Search Name L E LS $517.00 Search Name LAWSON PRODUCTS, INC G 01-2010 OPERATING SUPPLIES - SHOP G 15-2010 OPERATING SUPPLIES - SHOP G 01-2010 EQUIP. REPAIR PARTS - STREETS Search Name LAWSON PRODUCTS, INC Search Name LEVINE, STEPHANIE G 01-2010 Search Name LEVINE, STEPHANIE $125.72 $62.86 $76.68 $265.26 4TH QTR PARK & REC COMM. MEETINGS $75.00 $75.00 CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 01/06/15 PAY page 126 12/31/14 11:05 AM Page 6 Account Comments DEPT Descr Amount. Search Name LITTLE FALLS MACHINE, INC. G 01-2010 EQUIP. REPAIR PARTS - STREETS Search Name LITTLE FALLS MACHINE, INC. Search Name LOGIS G 01-2010 G 01-2010 Search Name LOGIS Search Name LORBERBAUM, SALLY G 01-2010 Search Name LORBERBAUM, SALLY NETWORK SERVICE APPLICATION SUPPORT $349.31 $349.31 $99.00 $2,327.00 $2,426.00 4TH QTR ARC MEETINGS $25.00 Search Name M T I DISTRIBUTING COMPANY G 45-2010 - EQUIP. REPAIR PARTS - PAR3 Search Name M T I DISTRIBUTING COMPANY Search Name MAGNUSON, MARY G 01-2010 Search Name MAGNUSON, MARY Search Name MAZZITELLO, JOHN G 05-2010 Search Name MAZZITELLO, JOHN Search Name MCNAMARA CONTRACTING, INC. G 27-2010 VICTORIA RD/ROLLING GREEN PROJECT Search Name MCNAMARA CONTRACTING, INC. Search Name MENARDS $25.00 $230.09 $230.09 4TH QTR PLANNING COMM. MEETINGS $75.00 $75.00 NOV-DEC 2014 MILEAGE $115.92 G 01-2010 G 08-2010 G 01-2010 G 01-2010 G 01-2010 G 15-2010 Search Name MENARDS OPERATING SUPPLIES - PARKS CLEANING SUPPLIES - CITY HALL PARK MAINT. SUPPLIES PARK MAINT. SUPPLIES OPERATING SUPPLIES - SHOP OPERATING SUPPLIES - SEWER Search Name MID NORTHERN SERVICES G 08-2010 G 28-2010 G 01-2010 LIGHTING REPAIRS - CITY HALL STREET LIGHTING SUPPLIES LIGHTING REPAIRS - FIRE HALL $115.92 $528,964.69 $528,964.69 $344.97 $42.48 $13.42 $38.52 $41.14 $71.39 $551.92 $135.00 $285.00 $483.95 Search Name MID NORTHERN SERVICES $903.95 Search Name MILLER, DAVID G 01-2010 4TH QTR PARK & REC COMM. MEETINGS $75.00 Search Name MILLER, DAVID $75.00 Search Name MN BENEFIT ASSN G 01-2073 E 01-4131-050-50 Search Name MN BENEFIT ASSN JAN 2015 PREMIUM JAN 2015 PREMIUM Search Name MN CHIEFS OF POLICE ASSN G 01-2010 PERMIT FORMS - PD $236.65 Road & Bridges $1.68 $238.33 $109.90 CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 01/06/15 PAY page 127 12/31/14 11:05 AM Page 7 Account Comments DEPT Descr Amount Search Name MN CHIEFS OF POLICE ASSN $109.90 Search Name MN DEPT OF AGRICULTURE E 15-4490-060-60 PESTICIDE LICENSE RENEWAL Search Name MN DEPT OF AGRICULTURE Search Name MN DEPT OF TRSPT G 27-2010 Utility Enterprise $15.00 $15.00 VICTORIA RD PROJECT $292.10 Search Name MN DEPT OF TRSPT $292.10 Search Name MN GLOVE INC G 01-2010 SUPPLIES - STREETS $88.90 Search Name MN GLOVE INC $88.90 Search Name MN STATE FIRE DEPARTMENT ASSN E 01-4404-030-30 2015 MEMBERSHIP Fire $315.00 Search Name MN STATE FIRE DEPARTMENT ASSN $315.00 Search Name MNFIAM BOOK SALES G 01-2010 - BOOKS - FIRE DEPT $910.00 Search Name MNFIAM BOOK SALES $910.00 Search Name MNPEA G 01-2075 JAN 2015 UNION DUES $206.00 Search Name MNPEA $206.00 Search Name MUNICI-PALS E 01-4404-110-10 2015 MEMBERSHIP Administration $25.00 Search Name MUNICI-PALS $25.00 Search Name NATURE CALLS, INC G 01-2010 NOV 2014 RENTALS - PARKS $228.00 Search Name NATURE CALLS, INC $228.00 Search Name NCPERS GROUP LIFE INS. G 01-2071 JAN 2015 PREMIUM Search Name NCPERS GROUP LIFE INS. $80.00 $80.00 Search Name NEUHARTH, JIM G 01-2010 4TH QTR ARC MEETINGS $50.00 Search Name NEUHARTH, JIM $50.00 Search Name NIEBUR TRACTOR & EQUIPMENT INC G 01-2010 EQUIP. REPAIR PARTS - PARKS $160.14 Search Name NIEBUR TRACTOR & EQUIPMENT INC $160.14 Search Name NOONAN, MICHAEL G 01-2010 4TH QTR PLANNING COMM. MEETINGS $25.00 Search Name NOONAN, MICHAEL $25.00 Search Name NORLING, GINA G 01-2010 4TH QTR ARC MEE (1NGS $50.00 Search Name NORLING, GINA $50.00 Search Name NORTHDALE CONST CO G 78-2010 HUNTER/ORCHARD PROJECT $58,289.51 CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 01/06/15 PAY page 128 12/31/14 11:05 AM Page 8 Account Comments DEPT Descr Amount Search Name NORTHDALE CONST CO $58,289.51 Search Name NUTRITIONAL WEIGHT & WELLNESS G 01-2010 WELLNESS SEMINAR $400.00 Search Name NUTRITIONAL WEIGHT & WELLNESS $400.00 Search Name OREILLY AUTO/FIRST CALL G 01-2010 SHOP SUPPLIES G 15-2010 EQUIP. REPAIR PARTS - SEWER G 01-2010 EQUIP. REPAIR PARTS - PD Search Name OREILLY AUTO/FIRST CALL Search Name OXYGEN SERVICE CO G 01-2010 G 15-2010 Search Name OXYGEN SERVICE CO $23.88 $26.98 $12.58 $63.44 CYLINDER ERNT - PW $79.15 CYLINDER ERNT - PW $39.57 $118.72 Search Name PAPER, JOEL G 01-2010 4TH QTR PARK & REC COMM. MEETINGS $75.00 Search Name PAPER, JOEL $75.00 Search Name PITNEY BOWES G 01-2010 G 05-2010 G 15-2010 Search Name PITNEY BOWES Search Name PORTZ, PAUL G 01-2010 Search Name PORTZ, PAUL Search Name R K HUNTER G 08-2010 Search Name R K HUNTER Search Name ROSTON, HOWARD G 01-2010 Search Name ROSTON, HOWARD Search Name SAND CREEK GROUP G 01-2010 Search Name SAND CREEK GROUP Search Name SANDO, YVONNE G 01-2010 Search Name SANDO, YVONNE Search Name SD RENOVATIONS G 03-2010 G 15-2010 Search Name SD RENOVATIONS Search Name SELECT ACCOUNT G 05-2010 G 15-2010 G 01-2010 2014 4TH QUARTER RENTAL 2014 4TH QUARTER RENTAL 2014 4TH QUARTER RENTAL 4TH QTR ARC MEEI INGS HEAT CABLE INSTALL - CITY HALL 4TH QTR PLANNING COMM. MEETINGS EMPLOYEE SEMINAR REFUND - FIELD TRIPS WAC REFUND - PERMIT #22608 SAC REFUND - PERMIT #22608 DEC 2014 HSA PARTICIPANT FEE DEC 2014 HSA PARTICIPANT FEE DEC 2014 HSA PARTICIPANT FEE $112.07 $2.58 $14.17 $128.82 $50.00 $50.00 $8,424.00 $8,424.00 $75.00 $75.00 $250.00 $250.00 $60.00 $60.00 $200.00 $2,485.00 $2,685.00 $5.42 $2.11 $32.19 Account CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 01/06/15 PAY Comments DEPT Descr page 129 12/31/14 11:05 AM Page 9 Amount Search Name SELECT ACCOUNT Search Name SLOAN, DAVE G 01-2010 Search Name SLOAN, DAVE Search Name SPRINT G 15-2010 G 45-2010 G 05-2010 G 01-2010 Search Name SPRINT 4TH QTR ARC MEt 11NGS DEC 2014 CELL SERVICE DEC 2014 CELL SERVICE DEC 2014 CELL SERVICE DEC 2014 CELL SERVICE Search Name ST. PAUL STAMP WORKS G 01-2010 NOTARY STAMP - L. SMITH Search Name ST. PAUL STAMP WORKS Search Name STEIN, DALE G 01-2010 Search Name STEIN, DALE Search Name SUN LIFE E 01-4131-070-70 G 01-2074 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 G 01-2010 G 01-2010 Search Name T MOBILE SUPPLIES - HAZMAT TRAINING JAN 2015 TERM LIFE INS PREMIUM JAN 2015 TERM LIFE INS PREMIUM JAN 2015 TERM LIFE INS PREMIUM JAN 2015 TERM LIFE INS PREMIUM JAN 2015 TERM LIFE INS PREMIUM JAN 2015 TERM LIFE INS PREMIUM JAN 2015 TERM LIFE INS PREMIUM JAN 2015 TERM LIFE INS PREMIUM JAN 2015 TERM LIFE INS PREMIUM DEC 2014 CELL SERVICE - ADMIN DEC 2014 CELL SERVICE - PD Search Name TIM LEMKE CONSTRUCTION E 08-4620-000-00 BUILD -OUT - CITY HALL Search Name TIM LEMKE CONSTRUC.I ION Search Name TOTH, MIKE G 01-2010 Search Name TOTH, MIKE 4TH QTR PARK & REC COMM. MEETINGS Search Name TRIANGLE RUBBISH & RECYCLING G 01-2010 NOV 2014 SERVICE - FIRE HALL Search Name TRIANGLE RUBBISH & RECYCLING Search Name TWIN CITIES OCCUPATIONAL HLTH G 01-2010 MEDICAL EXAMS - PD Search Name TWIN CITIES OCCUPATIONAL HLTH Search Name U. S. BANK Parks & Recreation Utility Enterprise Engineering Enterprise Road & Bridges Police Administration Spec Fds Spec Fds $39.72 $25.00 $25.00 $49.02 $44.87 $133.88 $919.55 $1,147.32 $43.80 $43.80 $143.28 $143.28 $198.72 $124.43 $1,396.86 $89.50 $114.81 $293.63 $375.60 $321.91 $84.05 $2,999.51 $120.80 $73.80 $194.60 $3,000.00 $3,000.00 $50.00 $50.00 $53.10 $53.10 $280.00 $280.00 Account CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 01/06/15 PAY Comments DEPT Descr page 130 12/31/14 11:05 AM Page 10 Amount G 01-2010 G 01-2010 G 01-2010 G 01-2010 G 01-2010 G 01-2010 Search Name U. S. BANK Search Name UNIFORMS UNLIMITED G 01-2010 G 01-2010 G 01-2010 G 01-2010 G 01-2010 G 01-2010 G 01-2010 Search Name UNIFORMS UNLIMITED Search Name US POSTAL SERVICE E 15-4318-060-60 E 01-4268-650-10 Search Name US POSTAL SERVICE Search Name VIKSNINS, ANSIS G 01-2010 Search Name VIKSNINS, ANSIS WORKSHOP SUPPLIES SHIPPING CHARGES - FIRE DEPT NOTARY RENEWAL - L. SMITH SUPPLIES - FIRE DEPT SOFTWARE RENEWAL - FIRE DEPT SUPPLIES - EMP. ORIENTATION EQUIPMENT - E. PETERSEN UNIFORM - P. FLEMING UNIFORM - T. SPICER UNIFORM - D. URMANN UNIFORM - P. FLEMING UNIFORM - T. SPICER UNIFORM - J. VONFELDT 2015 POSTAL PERMITS 2015 POSTAL PERMITS 4TH QTR PLANNING COMM. MEETINGS Search Name VONFELDT, JEFFORY G 01-2010 TUITION REIMBURSEMENT - J. VONFELDT Search Name VONFELDT, 3EFFORY Search Name WALLGREN, SLOAN G 01-2010 Search Name WALLGREN, SLOAN Search Name WALLRAFF ELECTRIC CO. G 08-2010 HEAT CABLE INSTALL - CITY HALL Search Name WALLRAFF ELECTRIC CO. TUITION REIMBURSEMENT - S. WALLGREN Search Name WSB & ASSOCIATES G 22-2010 Search Name WSB & ASSOCIATES Search Name ZIEGLER INC G 01-2010 Search Name ZIEGLER INC SIBLEY MEMORIAL TRL PROJECT Utility Enterprise Administration $42.85 $68.23 $120.00 $77.61 $32.12 $52.62 $393.43 $122.97 $15.98 $15.98 $52.96 $8.99 $8.99 $9.98 $235.85 $220.00 $220.00 $440.00 $50.00 $50.00 $2,310.00 $2,310.00 $2,081.13 $2,081.13 $6,930.00 $6,930.00 $357.00 $357.00 EQUIP. REPAIR PARTS - STREETS $523.68 $523.68 $730,933.26 m CITY OF MENDOTA HEIGHTS DATE: January 6, 2015 TO: Mayor, and City Council FROM: Tamara Schutta, Interim City Administrator SUBJECT: Designation of Acting Mayor page 131 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone A 651.452.9940 fax www.mendota-heights.com BACKGROUND Minnesota State Statute 412.121 requires the city to appoint an acting mayor at the first city council meeting of each year. The acting mayor shall perform the duties of the mayor during the disability or absence of the mayor from the city or in event of vacancy in the office of the mayor, until such time a successor has been appointed. The acting mayor is selected at the will of the city council with no established pattern. The past eight years the acting mayor position for the City of Mendota Heights has been held by the following councilmembers: 2014: Liz Petschel 2013: Liz Petschel 2012: Jack Vitelli 2011: Jack Vitelli 2010: Jack Vitelli 2009: Mary Jeanne Schneeman 2008: Ultan Duggan 2007: Sandra Krebsbach BUDGET IMPACT Not applicable. RECOMMENDATION Staff recommends the council make a motion to name a councilmember as the acting mayor for 2015. This action requires a majority vote. page 132 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com ILICITY OF MENDOTA HEIGHTS DATE: January 6, 2014 TO: Mayor and City Council FROM: Tamara Schutta, Interim City Administrator SUBJECT: Outside Commission Appointments BACKGROUND From time to time, the city is required to name representatives to various boards and commissions. The following appointments need to be made at this time: NDC4 (Cable Commission): One councilmember and one citizen representative are required for a two year term. (2/1/2015 — 1/31/2017) Current Representation: Councilmember Duggan and Mickey Kieffer The current appointees have indicated interest in continuing to serve on the NDC4 Commission. BUDGET IMPACT N/A RECOMMENDATION Staff recommends making appointments to the NDC4. This action requires a majority vote of the city council. CITY OF MENDDTA HEIGHTS page 133 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www,mendota-heights.com DATE: January 6, 2015 TO: Mayor, City Council, and City Administrator FROM: John R. Mazzitello, PE, PMP, MBA — Public Works Director/City Engineer Michael Andrejka — Building Official Jim Lee — Fire Marshall SUBJECT: Declaration of Hazardous Structure at 595 Highway 110 BACKGROUND On December 18, 2014 the Fire Marshall for the City of Mendota Heights determined that the structure located at 595 Highway 110 in Mendota Heights is unsafe for occupation or entry. This determination was made based on the damage the structure received as a result of a fire on March 10, 2014. A copy of the notice is attached. As a result of this determination, State Statute, Building Code, and Fire Code require the hazards associated with this unsafe structure be mitigated as soon as possible. The City does have the right to remove the hazard, up to and including razing the structure, and have the cost of such action charged against the property owner. The attached resolution formally declares the structure as unsafe for occupation or entry. Once adopted, the property owner has 30 days to obtain permits for any proposed renovation or demolition of the structure. If no action is taken within the 30 days, the City may initiate mitigation procedures as outlined above. City Staff met with the property owner on December 29, 2014 and explained the circumstances and the process moving forward. Both the property owner and a representative for a prospective buyer were present and acknowledged the status of the structure and the City's process for abatement of the hazards. A letter was delivered to the property owner outlining the process and their obligation to mitigate/abate the hazards. A copy of this letter is attached. BUDGET IMPACT If the City were to undertake abatement procedures, costs would be initially expended by the City, but would be reimbursed by the property owner in accordance with State Statute. RECOMMENDATOIN Staff recommends Council adopt the attached Resolution 2015-05, A RESOLUTION ORDERING THE REPAIR OR REMOVAL OF HAZARDOUS CONDITIONS LOCATED AT 595 HIGHWAY 110. If Council agrees with the staff's recommendation, pass a motion adopting the attached Resolution by simple majority vote. page 134 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 2015-05 RESOLUTION ORDERING THE REPAIR OR REMOVAL OF HAZARDOUS CONDITIONS AT 595 HIGHWAY 110 WHEREAS, pursuant to Minnesota Statutes 463.15 and 463.261, the City Council of the City of Mendota Heights find the building located at 595 Highway 110 to be a hazardous building for the following reasons: 1. Damage caused by fire on March 10, 2014 2. Charred wood framing, trusses, and joists 3. Compromised weather protection due to incomplete roofing 4. Smoke and fire damage WHEREAS, the conditions listed above are more fully documented in the photographs and reports taken and prepared by the City of Mendota Heights Fire Marshall between March 10, 2014 and December 18, 2014; copies of which are attached to this Resolution as Exhibit A. NOW THEREFORE IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota that: 1. Pursuant to the foregoing findings and in accordance with Minnesota Statutes 463.15 and 463.261, the council orders the record owners of the above hazardous building or their representatives to make the following corrections on the property located at 595Highway 110: a. Renovations sufficient to be in compliance with all Building, Fire, and Municipal Zoning Code requirements; or, b. Demolition of the structure 2. The repairs listed above must be made within 30 days after the order is served upon the property owner. The repairs must be completed in compliance with all applicable codes and regulations and done pursuant to proper permits fomr the City. 3. A motion for summary enforcement of the order will be made to the District Court of Dakota County in which the hazardous building or property is situated unless corrective action is taken, or unless an answer is filed within the time specified in Minnesota Statute 463.18, which is 20 days. 4. In accordance with Minnesota Statute 463.24, the owner of the property or occupant must remove personal property and/or fixtures that will reasonably interfere with the work within 30 days. If the property and/or fixtures are not removed and the City enforces this order, the City may sell personal property, fixtures, and/or salvage materials at a public auction after three days posted notice. page 135 5. If the City must take actions to enforce this order, all enforcement costs will be specially assessed against the property and collected in accordance with Minnesota Statutes 463.22, 463.21, and 463.161. 6. The City Attorney is authorized to serve this order upon the owner of the premises at 595 Highway 110 and all lien -holders of record. 7. The City Attorney is authorized to proceed with the enforcement of this order as provided in Minnesota Statutes 463.15 and 463.261. Adopted by the City Council of the City of Mendota Heights this 6th day of January, 2015. ATTEST CITY COUNCIL CITY OF MENDOTA HEIGHTS BY BY Lorri Smith, City Clerk Sandra Krebsbach, Mayor page 136 December 29, 2014 Larry Mrozinski 595 Highway 110 Mendota Heights, MN 55118 RE: Unsafe Property at 595 Highway 110 Dear Mr. Mrozinski: On December 18, 2014 the Fire Marshall for the City of Mendota Heights determined that the structure located at 595 Highway 110 in Mendota Heights is unsafe for occupation or entry. This determination was made based on the damage the structure received as a result of a fire on March 10, 2014. A copy of the notice is enclosed with this letter. As a result of this determination, State Statute, Building Code, and Fire Code require the hazards associated with this unsafe structure be mitigated as soon as possible. The City does have the right to remove the hazard, up to and including razing the structure, and have the cost of such action charged against the property owner. It is in your own best interest to address this issue as quickly as possible. You must decide whether you plan to rehabilitate or demolish the structure in question, and you will be required to obtain City permits for either action. A hearing is scheduled for the January 6, 2015 City Council meeting where the Council will be asked to officially declare the structure as unsafe. If permits for your planned action are not obtained within 30 days of this declaration, the City will likely move forward with abatement procedures to demolish the structure. We respectfully request this matter be addressed as soon as possible. The City Building Official — Mike Andrejka, the City Fire Marshall — Jim Lee, or I can be reached by calling Mendota Heights City Hall at 651-452-1850 to discuss this issue. Thank you in advance for your cooperation on this matter. Sincerely, John R. Mazzitello, PE, PMP, MBA Public Works Director/City Engineer Encl: Fire Marshall Notice Case Number 14049 Lead Investigator J. Lee FIRE INVESTIGATION REPORT Investigation Report Property Name: Larry Mrozinski Address: 595 Highway 110 City: Mendota Heights County: Dakota State: MN Zjp: Phone: 651-456-0869 Contact Name: Contact Phone: Property Use Code: R3 Incident Detail Date: 03/10/2014 Time: 11:46 Fire Cause: unknown # Injuries: 0 Fire Dept.: Mendota Heights Type of Occupancy: Single Family Home Pre Fire Value: $ Loss: Smoke Detector Performance: Unknown Sprinkler System Performance: none Occupied: Yes: x No: El Disposition Open: x Closed: El Referred to other agency: LI Referral Info: This file will remain open until further information is received regarding this case. Owner 1 Last: Mrozinski Check if Occupant: x First: Larry Middle: page 139 DOB Gender 07/15/1952 Male Address: same City: Mendota Heights State: MN Zip: Phone: same Contact Name: Contact Phone: Owner 2 Check if Occupant: LI Last: First: Middle Address: City: State: MN Zip: Phone: Insurance Record Insurance Agency: Allied Agent: Phone: City: Gary Insurance Center North St. Paul, MN Insurance Co: Policy Number: Inception Date: Amount of Policy: Building: Contents: Other: Expiration Date: Gender Claim Number: Remarks: Payable to: Adjuster: Phone: page 140 Narrative Report People Homeowner Larry Mrozinski Background The home owner stated he smelled something like a hot wire in the morning but couldn't find anything and thought it was from the broccoli he was eating and then left for work. Property Description This is a 2 story wood frame single family home with an attached garage. Exterior Examination Heavy fire damage to the roof on the north side of the building with collapse. Interior Examination Heavy fire damage to the main floor bathroom extending into the second floor with a hole in the floor and to the roof with a roof collapse Evidence None taken Photographs See attachments Interviews Included with this report. Investigation Activity Because of the amount of damage I called Roy Kinsley from Apple Valley for assistance on the investigation. The area of origin is in the bathroom north and east walls extending through the second floor because of a burn through the floor. The fire extended to the roof and because of the heavy fire damage the roof collapsed. The area of origin is the bathroom area near the hot tub. Two dead animals were found in the building and removed to the home owners truck to be taken to the vet for disposal. Conclusion The area of origin of this fire is the bathroom area in the area of the hot tub. This fire is ruled undetermined until further evidence is received. page 141 March 17, 2014 insurance investigator for the insurance company sent an email to Roy Kingsley and he stated the whirlpool was installed in 1999 but not completed by the installer due to the absence of a grounded circuit. The homeowner put in a multi outlet plug beneath the tub, plugged pump into multi -outlet strip and ran the cord through the wall into master bedroom, used a 3 prong to 2 prong adapter and plugged into am ungrounded outlet in the master bedroom. The insurance investigator left me a voice mail stating he was ruling this fire accidental. Respectfully submitted, James Lee Fire Marshal City of Mendota Heights Date Submitted: March 18, 2014 page 142 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.452.1850 phone 1 651.452,8940 fax www.mendota-heights,com December 19, 2014 CITY OF MENDDTA HEIGHTS To: Larry Mrozinski 595 Highway 110 Mendota Heights, Minnesota 55118 651 456 0869 From: Mike Andrejka- Building Official Mendota Heights Subject: Fire damaged single family dwelling located at 595 Highway 110, Mendota Heights, Minnesota Dear Sir, The Mendota Heights Fire Marshall, Jim Lee, has deemed the building located at 595 Highway 110 an unsafe structure due to fire damage. You the owner of the building must correct the unsafe condition by repair, demolition or other approved action. The property has been posted, by the Fire Marshal, with a sign that says "Unsafe Structure- Do not enter". No one may enter the building without approval from the Fire Marshal. You may contact him at 651 255 1156. Please contact the City of Mendota Heights to make clear your intentions for the property. If you plan to repair the building, obtain a building permit application and submit your plans to the City. If you plan to demolish the building, you must obtain a demolition permit. No work of any type may commerce without a permit. You may call me if you have questions about this process. You should know that the City has the right to remove the hazardous condition or raze the building and the cost will be charged against the property. We would need the City Council's permission to proceed with an order of this type. It is in your own best interest to promptly decide to repair or demolish your building. 1 know that these circumstances must be difficult. It has been several months since the fire. Please respond with your intentions within thirty days. Mike Andrejka- Mendota Heights Building Official 651 255 1143 cL CD CD 3 (D CD 0) 0 (D CL CD CD 3 CD 0- cL 0 CD (7). 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(D -a, - a. 0 ) Cre "9 0 0) 0) N 03a CD 0) -o -o 0) (T) cn SI) (00) O N O 2) CL 71 SD St 0(7 CD a) (0(0 000 0- • cr 0 5. au CITY OF MENDOTA HEIGHTS page 145 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone d 651.452.8940 fax www.mendota-heights.com DATE: January 6, 2015 TO: Mayor, City Council and Interim City Administrator FROM: Nolan Wall, AICP Planner SUBJECT: Redevelopment Planning Grant and Industrial District Moratorium BACKGROUND Redevelopment Planning Grant The Redevelopment Incentive Grant Program, administered by the Dakota County Community Development Agency (CDA), provides funding for redevelopment planning efforts. Staff is proposing to seek $10,000 to create a Redevelopment Plan for the Industrial Zoning District area. The existing area contains a mix of industrial, office, and residential land uses, many of which were developed as part of planned unit developments. In addition, there are a few properties that remain undeveloped, while other properties are vacant and/or under-utilized and may redevelop in the future. The Plan would include an analysis of existing zoning regulations, site conditions, potential constraints, and market factors that may influence the future development/redevelopment potential of the properties. As a result, a vision and potential comprehensive plan and/or zoning regulation amendments are desired to be identified by the planning process. The Plan could also be utilized to seek potential funding for future property acquisition and remediation if necessary. The grant application is due January 15, 2015 and requires City Council approval of the attached resolution. If the application is successful and approved by the CDA Board, it is anticipated that reimbursements will be available by March 2015. In the meantime, Staff will work with the City's planning consultant to further develop the project scope and bring back a formal proposal and contract for further discussion. Temporary Moratorium Ordinance Based on discussions with real estate brokers and existing property owners, there is heightened interest in development and redevelopment opportunities within the Industrial District. In 2014, two new industrial developments were approved, as well as the new Southview Design office building. In addition, the City owns approximately 7.5 acres of undeveloped land along Pilot Knob Road, south of Acacia Boulevard. In order to protect the planning process and allow adequate time to study the issues without the pressure of time generated by pending applications, Staff recommends adopting a temporary moratorium ordinance. As proposed in Ordinance 472, a 12 -month moratorium would be placed on the issuance of conditional use permits within the Industrial Zoning District, which also includes PUD amendments. As a result, permitted and accessory uses in the Industrial District would continue to be allowed in compliance with the City Code, which includes manufacturing/wholesaling and non -manufacturing uses, such as business and professional offices, trade schools, and warehousing. The intent of the restriction only on new conditional use permits is to not completely disrupt minor development activity, such as new tenants moving into existing buildings, that is already permitted and may not require City Council approval. page 146 The attached letter from the City Attorney includes a legal analysis of the proposed moratorium. BUDGET IMPACT The City is seeking $10,000 through the Redevelopment Planning Grant Program, which requires a minimum 1:1 leverage rate. The City's $10,000 match would be paid out of the Industrial Development Fund. RECOMMENDATION Staff recommends that the City Council pass a motion APPROVING AN APPLICATION FOR A REDEVELOPMENT PLANNING GRANT FROM THE DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY. Staff also recommends that the City Council pass a motion adopting AN INTERIM ORDINANCE PLACING A TEMPORARY MORATORIUM ON CONDITIONAL USE PERMITS IN THE INDUSTRIAL ZONING DISTRICT OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA, DAKOTA COUNTY, AND DIRECTING A STUDY TO BE CONDUCTED. These matters require a simple majority vote. page 147 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2015-03 RESOLUTION APPROVING AN APPLICATION FOR A REDEVELOPMENT PLANNING GRANT FROM THE DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY WHEREAS, the City of Mendota Heights has identified a proposed project within the City that meets the Dakota County Community Development Agency (CDA) Redevelopment Incentive Grant program's purposes and criteria; and WHEREAS, the City will establish a Redevelopment Plan of which the proposed project is a component; and WHEREAS, the City has the capability and capacity to ensure the proposed project be completed and administered within the Redevelopment Incentive Grant program guidelines; and WHEREAS, the City has the legal authority to apply for financial assistance; and WHEREAS, the City is supportive of affordable housing and of the CDA's mission, to improve the lives of Dakota County residents through affordable housing and community development. NOW THEREFORE BE IT RESOLVED that the City of Mendota Heights approves the application for funding from the Dakota County CDA Redevelopment Incentive Grant program. BE IT FURTHER RESOLVED that upon approval of its application by the Dakota County CDA, that Tamara Schutta, the Interim City Administrator, is hereby authorized to execute such agreements as are necessary to receive and use the funding for the proposed project. Adopted by the City Council of the City of Mendota Heights this sixth day of January, 2015. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST: Lorri Smith, City Clerk reDakota County Community Development Agency CDA Redevelopment PLANNING Grant Application page 148 General Information Planning Project Name: Industrial District Redevelopment Area Plan Applicant City: City of Mendota Heights Applicant Address: 1101 Victoria Curve, Mendota Heights, MN 55118 Application/Project Contact: Nolan Wall Contact Email Address: nolanw@mendota-heights.com Phone Number: (651) 452-1850 Fax Number: (651) 452-8940 Authorized Official(s) for Execution of Contracts (name and title): Tammy Schutta, Interim City Administrator How much funding are you requesting? $10,000 Project Site Information (supply information if known) Site Address(es): The site encompasses the entire Industrial Zoning District, which is located in the southwest corner of the City. The area is generally located north of I-494 between State Highways 13 and 55 (see attached site map). Acreage of Site: 500 acres (approx.) Number of Parcels: 110 (approx.) Is the site publicly or privately owned? The proposed redevelopment area includes public and privately -owned properties. The City owns a grouping of vacant, undeveloped parcels totaling 7.5 acres (see attached map). The other city -owned property is the Public Work Garage. Current Site Owner(s): Large/notable property owners include the City of Mendota Heights, United Properties, MnDOT, Lloyd's Food Products, and 3M. Current Appraised or Assessed Value of the Site: N/A Projected appraised or Assessed Value of the Site after redevelopment: N/A Attach the appraisal or assessor's current and projected values. After redevelopment is complete, will the site be publicly or privately owned? Privately -owned Post -redevelopment Site Owner(s): N/A When has/will the acquisition be completed?N/A Legal Description of Site: may be attached N/A Provide a location map, photos, and current site plan. Maps should include property boundaries, north arrow, and bar scale. Attach a brief history of the site including previous uses, activities, prior or existing contamination, and other attempts at redevelopment. page 149 How many residential buildings are on site? 3 Commercial buildings? N/A How many residential buildings are vacant? 0 Commercial buildings? 1 (estimate) Project Information Describe the city's goals and need for this project. The grants funds would be utilized to develop a redevelopment plan for properties within the City's Industrial Zoning District. There are a few undeveloped parcels remaining and some developed sites are vacant and/or underutilized and are ripe for potential redevelopment in the future. Describe the type and scope of the planning project. The redevelopment plan would include an analysis of existing zoning regulations, site conditions, potential constraints, and market factors that may influence the future development potential of the properties. What outcome or product will the planning project help identify? The redevelopment plan would be utilized to seek potential funding for future property acquisition and remediation if necessary. Zoning ordinance and future land use amendments may be proposed. Describe how this planning project fits into the pre -redevelopment activities. In order for successful redevelopment of potential sites, a vision, based on the identified issues and opportunities, and potential comprehensive plan and/or zoning regulation amendments are desired. Describe the redevelopment project, if established, for which this planning project is a component. It is anticipated that the redevelopment plan will be utilized for various projects in the future. Who will perform this planning project? If approved, the City would retain the services of a contracted planning consultant to complete the plan. Describe all other funding sources. Source of Funds Amount Committed Pending RIG Planning Grant $10,000 ❑ a Required Matching Funds $10,000 ❑ a Total: When is the planning project expected to be completed? Fall 2015 INDUSTRIAL ZONING DISTRICT Redevelopment Planning Grant Application Date: 12/30/2014 0 1,000 SCALE IN FEET edge 150 City of Mendota Heights AcACTA BLV : • f-1 it ` f4:- 0 I" LEGEND Industrial Zoning District City -owned Residential Use Vacant/Undeveloped/Under-utilized MRecently Developed/Approved jl// 1 I . ,:„ �\ h 1494 1494 1494—'4 14.9.4 RAMP 4111111111H- e e's- • ��.\ i hili . V� 1494 RAMP I 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 151 ECKBERG LAMMERS MEMORANDUM To: Mendota Heights City Council FROM: Thomas Lehmann DATE: December 29, 2014 RE: Planning Moratorium — Conditional Use Permits Industrial Zoning BACKGROUND I was asked by City Administrator Miller to draft a moratorium ordinance on conditional use permits in the Industrial Zoning District for the city to review its zoning and conditional uses that would be appropriate in the Industrial Zone. Recent activities that have occurred in the Industrial Zoning District have necessitated the city to revisit its zoning and conditional uses pertaining to this zoning district. LEGAL ANALYSIS Adoption of an interim ordinance (more commonly known as a moratorium) may aid cities in the zoning ordinance amendment process, by allowing a city to study an issue without the pressure of time generated by pending applications. Cities may use a moratorium to protect the planning process, particularly when formal studies may be needed on a particular issue. Cities must follow the procedures established in state statute to initiate a moratorium. Procedure for interim ordinance adoption: (Minn. Stat. § 462.355, subd. 4(a). Cities must initiate a moratorium by adopting an ordinance (Interim ordinance). The interim ordinance may regulate, restrict, or prohibit any use, development, or subdivision within the city or a portion of the city for a period not to exceed one year from the effective date of the ordinance. An interim ordinance may only be adopted where the city: • Is conducting studies on the issue. • Has authorized a study to be conducted. • Has held or scheduled a hearing for the purpose of considering adoption or amendment of a comprehensive plan or other official controls, including the zoning code, subdivision controls, site plan regulations, sanitary codes, building codes and official maps. • Has annexed new territory into the city for which plans or controls have not been adopted. The legal justification for the interim ordinance should be stated in the findings of fact when the ordinance is adopted. page 152 In the present case the City of Mendota Heights has determined that existing conditional uses in the Industrial Zoning District may be detrimental to the public health, safety, and general welfare of the citizens of the City of Mendota Heights; and the City's comprehensive plan, zoning, and development regulations may not adequately address various impacts to the public health, safety, morals, and general welfare that potential uses may present. The purpose of this interim ordinance is to protect the planning process. The ordinance will allow the City to complete a study and consider adoption of comprehensive land use and zoning regulations and/or amendments. The City is also concerned that the City's zoning regulations may not adequately address specific existing or future conditional uses. Finally, there are a number of planning and land use issues pertaining to the regulation of such uses. Here, the City will address what appropriate conditional uses may or may not be needed in the Industrial Zone. It is appropriate to study these issues and a moratorium permits the City to adequately address and study what would be appropriate going forward. TRL/jlp page 153 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 472 AN INTERIM ORDINANCE PLACING A TEMPORARY MORATORIUM ON CONDITIONAL USE PERMITS IN THE INDUSTRIAL ZONING DISTRICT OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA, DAKOTA COUNTY, AND DIRECTING A STUDY TO BE CONDUCTED WHEREAS, the City of Mendota Heights has determined that existing conditional uses in the Industrial Zoning District may be detrimental to the public health, safety, and general welfare of the citizens of the City of Mendota Heights; and, WHEREAS, the City's comprehensive plan, zoning, and development regulations may not adequately address various impacts to the public health, safety, morals, and general welfare that potential uses may present; and, WHEREAS, to provide for adequate time for study, analysis, and consider finalization of potential city code or comprehensive plan amendments. The City Council of the City of Mendota Heights, Minnesota, does hereby ordain: Section 1. AUTHORITY. 1.1 The City of Mendota Heights is authorized under Minnesota Statutes Section 462.355, Subd. 4, to regulate, restrict or prohibit any use, development, or subdivision within the jurisdiction or a portion thereof while the City is conducting studies, or has authorized a study to be conducted or has scheduled a hearing to consider adoption or amendment of the comprehensive plan or official zoning controls. Section 2. PURPOSE. 2.1 The purpose of this interim ordinance is to protect the planning process and the health, safety, and welfare of the citizens of Mendota Heights by placing temporary moratorium requirements on conditional use permits in the Industrial District within the City. 2.2 The ordinance will allow the City to complete a study and consider adoption of comprehensive land use and zoning regulations and/or amendments. 2.3 The City Council is also concerned that the City's zoning regulations may not adequately address specific existing or future conditional uses. 2.4 In addition to the proper zoning classifications of such uses there are a number of significant planning and land use issues pertaining to the regulation of such uses. 2.5 Minnesota Statutes, Section 462.355, sub. 4, permit the adoption of interim zoning ordinances. page 154 Section 3. PLANNIG AND ZONING STUDY; MORATORIUM. 3.1 A study is authorized to be conducted by City staff or a contracted consultant. 3.2 Upon completion of the study, the matter is to be considered by the Planning Commission for its review and recommendation to the City Council. 3.3 Pending completion of the study and adoption of any amendments to the City's official controls, a moratorium is established on the issuance of any conditional use peiniits in the Industrial Zoning District. 3.4 This ordinance will be effective for a period of twelve (12) months after its effective date. Section 4. ENFORCEMENT. 4.1 Violation of any portion of this ordinance shall be a misdemeanor punishable by imprisonment for up to 90 days and a fine of $1,000.00 or both, plus the costs of prosecution. Each day that a violation occurs shall be considered a separate offense. 4.2 The City may enforce any provision of this ordinance by mandamus, injunction or any other appropriate civil remedy in any court of competent jurisdiction. Section 5. SEPARABILITY. 5.1 Every section, provision or part of this ordinance is declared separable from every section, provision or part of this ordinance. If any section, provision, or part of this ordinance is adjudged to be invalid by a court of competent jurisdiction, such judgment shall not invalidate any other section, provision, or part of this ordinance. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST Lorri Smith, City Clerk rm, DATE: TO: CITY OF MENDOTA HEIGHTS page 155 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com December 6, 2015 Mayor, City Council and City Administrator FROM: Nolan Wall, AICP Planner SUBJECT: Resolution Approving a Comprehensive Plan Amendment and Ordinance Approving a Rezoning Request at 2511 and 2525 Condon Court BACKGROUND The applicant is requesting a comprehensive plan amendment and rezoning of the parcels located at 2511 and 2525 Condon Court. In order to proceed with a proposed future development, as described in the application materials and shown on the concept development plans, the specific requests concerning the subject parcels include: 1. Amend the future land use designation in the 2030 Comprehensive Plan from LB Limited Business -PUD to MR Medium Density Residential. 2. Rezone from R-1 One -Family Residential to R-2 Medium Density Residential. The subject parcels are owned by the applicant and encompass approximately 1.26 acres (54,878 square feet) on Condon Court, south of Mendota Heights Road and west of Dodd Road. The parcels are zoned R-1 One -Family Residential, guided LB Limited Business -PUD, and contain two existing single-family dwellings. If the initial requests are granted, the applicant intends to demolish the existing structures and bring forward a subdivision application to replat the property into five lots. As shown in the concept development plans, the applicant proposes to construct two 2 -unit townhomes and a single-family dwelling. The Planning Commission conducted a public hearing at the December 23 meeting. The only comments provided were from the neighboring property owner at 2535 Condon Court. Their comments were concerning the potential future development and construction impacts. They were advised that those comments would be relevant if, and when, a future subdivision application was submitted for consideration. BUDGET IMPACT N/A RECOMMENDATION The Planning Commission recommended approval of both requests, with conditions, as described in Planning Case 2014-36. If the City Council desires to implement the recommendations, pass separate motions adopting RESOLUTION 2015-02 APPROVING A COMPREHENSIVE PLAN AMENDMENT AND ORDINANCE NO. 470 AMENDING THE OFFICIAL ZONING MAP FOR 2511 AND 2525 CONDON COURT. According to Title 12 -1L -9(B) of the City Code, an affirmative vote of four-fifths (4/5) of the City Council is required to adopt amendments to the comprehensive plan, as in Resolution 2015-02. Ordinance No. 470 requires a simple majority vote. page 156 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2015-02 RESOLUTION APPROVING A COMPREHENSIVE PLAN AMENDMENT FROM LIMITED BUSINESS -PUD (LB -PUD) TO MEDIUM DENSITY RESIDENTIAL (MR) AT 2511 AND 2525 CONDON COURT WHEREAS, Dick Bjorklund Properties, LLC has applied for a comprehensive plan amendment to reclassify the future land use designation contained in the City's 2030 Comprehensive Plan for the properties located at 2511 Condon Court and 2525 Condon Court as proposed in Planning Case 2014-36 and described in Exhibits A and B; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this matter at their regular meeting on December 23, 2014. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the comprehensive plan amendment request as proposed in Planning Case 2014-36 is hereby approved with the following findings of fact: 1. Limited business development in this area, in compliance with the goals and policies of the City's 2030 Comprehensive Plan, is unlikely at this time due to access, visibility, infrastructure, and market constraints. 2. The proposed future land use designation is consistent with the surrounding existing and planned land uses. 3. The existing zoning and land use on the subject parcels are not consistent with the current future land use designation. 4. The required rezoning, in order to consider the proposed concept development plan, provides for increased residential density in the area and is consistent with the surrounding zoning districts. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the comprehensive plan amendment request as proposed in Planning Case 2014-36 is hereby approved with the following conditions: 1. The proposed comprehensive plan amendment is approved by the Metropolitan Council. 2. The applicant submits the necessary complete applications in consideration of the proposed concept development plan within twelve (12) months of receiving approval from the Metropolitan Council. 3. If the deadline is not met, the current future land use designation and existing zoning for the subject parcels may remain in place. Adopted by the City Council of the City of Mendota Heights this sixth day of January, 2015. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST: Lorri Smith, City Clerk page 157 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 470 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP The City Council of the City of Mendota Heights, Minnesota, does hereby ordain: Section 1. The Official Zoning Map of Mendota Heights, as referenced in Title 12, Chapter 1, Article C of the City Code and known as the "Mendota Heights Zoning Ordinance," is hereby amended in the following respects: The following land is to be rezoned to R-2 Medium Density Residential and subject to the same restrictions pertaining to other R-2 zones: Those described in Exhibit A and Exhibit B. More commonly, these properties are known as 2511 Condon Court and 2525 Condon Court Section 2. This Ordinance shall be in effect from and after the date of its passage and publication. Adopted and ordained into an Ordinance this sixth day of January, 2015. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST Lorri Smith, City Clerk page 158 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.452.1850 phone 651.452.8940 fax www.mendota-heights.com DATE: TO: FROM: SUBJECT: CITY OF MfnNDOTA HEIGHTS APPLICANT: PROPERTY ADDRESS: ZONING/GUIDED: ACTION DEADLINE: December 23, 2014 Planning Commission Nolan Wall, AICP Planner Planning Case 2014-36 Comprehensive Plan Amendment and Rezoning Requests Dick Bjorklund Properties, LLC 2511 and 2525 Condon Court R-1 One -Family Residential/LB Limited Business -PUD February 1, 2015 DESCRIPTION OF THE REQUEST The applicant is requesting a comprehensive plan amendment and rezoning of the parcels located at 2511 and 2525 Condon Court. In order to proceed with a proposed future development, as described in the attached application narrative and shown on the concept development plans, the specific requests concerning the subject parcels include: 1. Amend the future land use designation in the 2030 Comprehensive Plan from LB Limited Business - PUD to MR Medium Density Residential. 2. Rezone from R-1 One -Family Residential to R-2 Medium Density Residential. BACKGROUND The subject parcels are owned by the applicant and encompass approximately 1.26 acres (54,878 square feet) on Condon Court, south of Mendota Heights Road and west of Dodd Road (see aerial site map). The parcels are zoned R-1 One -Family Residential, guided LB Limited Business -PUD, and contain two existing single-family dwellings. If the initial requests are granted, the applicant intends to demolish the existing structures and bring forward a subdivision application to replat the property into five lots. As shown in the attached concept development plans, the applicant proposes to construct two 2 -unit townhomes and a single-family dwelling. ANALYSIS Comprehensive Plan Amendment The Land Use Plan, as included in the City's 2030 Comprehensive Plan, is intended to depict the general desired locations of future land uses in the City. As part of the proposed amendment request, a page 159 determination should be made that the proposed use is compatible with the surrounding existing and future land uses. According to Title 12 -1L -9(B) of the City Code, an affirmative vote of four-fifths (4/5) of the City Council is required to adopt amendments to the comprehensive plan. The proposed comprehensive plan amendment also requires approval from the Metropolitan Council. In addition, adjacent governmental units and affected school districts are typically required to be notified and given the opportunity to comment. In this case, the proposed amendment was determined to be "minor" and meets the adjacent review waiver criteria. However, due to the site's proximity to Eagan, the proposed amendment was sent to their Community Development Department for review; no comments were offered. Current Future Land Use Designation All three parcels on Condon Court are guided as LB Limited Business -PUD. According to the 2030 Comprehensive Plan (p. 44): Commercial land uses are typically divided into two general categories; (1) office and (2) retail. The office category includes land uses generally considered to be of a limited business nature, typically a daytime office use. The Land Use Map identifies these areas as "LB -Limited Business" or "LB -PUD". The corresponding zoning district classifications are B-1 (Limited Business), B -1A (Business Park) and B-2 (Neighborhood Business). The abutting land, west of Dodd Road and north/south of Mendota Heights Road, is owned by Visitation Monastery and guided as PS Private School. The land east of Dodd Road is guided LR Low Density Residential and MR Medium Density Residential (see attached maps). Proposed Future Land Use Designation The applicant is requesting to amend the Land Use Plan to designate the future land use for the subject parcels as MR Medium Density Residential. According to the 2030 Comprehensive Plan (p. 43): This land use provides for townhome and attached housing development at urban densities of up to 4.35 units per acre. There is no vacant land within this designation. The corresponding zoning district classifications are: R-2 (Medium Density Residential District) and MR -PUD (Medium Density Residential Planned Unit Development). The concept development plan includes five units on 1.26 acres, which yields a density of 3.97 units/acre and complies with the maximum density for the MR designation. Rezoning The subject parcels are currently zoned R-1 One Family Residential. The remaining parcel on Condon Court, which is not included as part of either request, is zoned B-1 Limited Business and contains a single- family residential dwelling used for a residential program for treatment of chemically -dependent adults. The existing uses on all three parcels are compliant with their respective zoning districts. The applicant is requesting to rezone the subject parcels to R-2 Medium Density Residential in order to construct the concept development plan included as part of the application submittal. Dwelling structures containing 2-24 units and one -family detached dwellings are both permitted uses in the R-2 District. Consideration of a rezoning of property is reviewed as to its conformance with the comprehensive plan. The corresponding zoning districts for the current "Limited Business -PUD" future land use designation are not consistent with the current zoning of the subject parcels. However, the R-2 District is consistent with page 160 the "MR Medium Density Residential" future land use designation being proposed as part of the comprehensive plan amendment request. Concept Development Plan In an effort to provide a vision for the site, based on the proposed comprehensive plan amendment and rezoning requests, the applicant has provided a concept development plan as part of the application submittal. These are preliminary plans and are not meant to represent a formal subdivision application. As shown on the concept preliminary plat, the two existing subject parcels would be subdivided into five lots for construction of two 2 -unit townhomes and a single-family dwelling. The existing properties on Condon Court are not served by the City's sanitary sewer or water systems. As part of the development, the applicant will extend the infrastructure, at his cost, along Mendota Heights Road to the site. Lots 3 and 4 of the concept preliminary plat do not meet the R-2 District's minimum lot size requirement. If the comprehensive plan amendment and rezoning requests receive the required approvals, the applicant intends to acquire a portion of excess MnDOT right-of-way which contains Condon Court to gain additional square footage for all of the proposed lots. STAFF RECOMMENDATION Staff recommends approval of the comprehensive plan amendment and rezoning requests with the following conditions: 1. The proposed comprehensive plan amendment is approved by the Metropolitan Council. 2. The applicant submits the necessary complete applications in consideration of the proposed concept development plan within twelve (12) months of receiving approval from the Metropolitan Council. 3. If the deadline is not met, the current future land use designation and existing zoning for the subject parcels may remain in place. Limited business development in this area, in compliance with the goals and policies of the 2030 Comprehensive Plan, is unlikely at this time due to access, visibility, infrastructure, and market constraints. In addition, the existing zoning and land uses on the subject parcels are not consistent with the current future land use designation. The required rezoning, in order to consider the proposed concept development plan, provides for increased residential density in the area and is consistent with the surrounding existing and planned land uses. While each request should be considered on its own merits, approval of both by the City Council is required for the proposed project to proceed to the next step. As noted, the Metropolitan Council also has to approve the proposed comprehensive plan amendment. Approval of the comprehensive plan amendment can be adopted by resolution, but the rezoning request requires adoption of an ordinance. However, it is recommended that the Planning Commission consider action on both requests in a single motion. ACTION REQUESTED Following the public hearing and further discussion, the Planning Commission may consider the following actions: 1. Recommend approval of the comprehensive plan amendment, subject to review and approval by the Metropolitan Council, and Ordinance 470, based on the attached findings of fact. page 161 OR 2. Recommend denial of the comprehensive plan amendment and Ordinance 470, based on the finding of fact that the requests are inconsistent with the future land use designation in the City's 2030 Comprehensive Plan and with surrounding existing and planned land uses. OR 3. Table the request. MATERIALS INCLUDED FOR REVIEW 1. DRAFT Ordinance 470 2. Aerial site map 3. Current planned land use map 4. Proposed planned land use map 5. Planning applications 6. Concept development plans page 162 FINDINGS OF FACT FOR APPROVAL Comprehensive Plan Amendment and Rezoning 2511 and 2525 Condon Court The following Findings of Fact are made in support of approval of the proposed request: 1. Limited business development in this area, in compliance with the goals and policies of the City's 2030 Comprehensive Plan, is unlikely at this time due to access, visibility, infrastructure, and market constraints. 2. The proposed future land use designation is consistent with the surrounding existing and planned land uses. 3. The existing zoning and land use on the subject parcels are not consistent with the current future land use designation. 4. The required rezoning, in order to consider the proposed concept development plan, provides for increased residential density in the area and is consistent with the surrounding zoning districts. Planning Case 2014-36 Comp Plan Amendment/Rezoning 2511 & 2525 Condon Court Date: 12/15/2014 0 160 SCALE IN FEET 4 pdye 163 City of Mendota Heights WB 1494 TO DODD RD DODD RD TO WB 1494 r , DODD RD TO WB 1494 GIS Map Disclaimer: This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat, survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information contained in this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errors or omissions herein. If discrepancies are found, please contact the City of Mendota Heights. Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation. Planning Case 2014-36 Comprehensive Plan Amendment 2511 & 2525 Condon Court Current Planned Land Use Date: 12/5/2014 0 340 SCALE IN FEET payer 1G4 City of Mendota Heights A PLANNED LAND USE Current LB -PUD LR MR -PUD PS 0- 41 00 111 /1 tze cn O / SMP N ,.0 r 1494 RAMP 1494 DODD • 1 Ii "vniIsl.e"'Ti ----- ---1---j i 4T i 494 EAGAN `•,\ I 1 i i 11 Planning Case 2014-36 Comprehensive Plan Amendment 2511 & 2525 Condon Court Proposed Planned Land Use Date: 12/5/2014 0 340 SCALE IN FEET Nay., 1 C:, City of Mendota Heights PLANNED LAND USE }\ ' Proposed LB -PUD 0--°LRMR 00MR-PUD\4# �■ PS ---i - 1 i / i SMP N ,.. 0 :ze :0 (1) • i 'i r. 1 / t at i \ ��i�� 11 .'. r --- : I i i /._-• / 1i i ii 11111 '1k; "4* • • • r 1494 RAMP 1494 DODD -a 1..4 co ----- ---1--- i 494 �� G A N �•�\\ i 11 page 166 1101 Victorla Curve 1 Mendota. Heights, MN 55118 651.4523850 phone 1 651.4523940 fax www.mendota-height*,carn CITY OF IVIENDOTA HEIGHTS APPLICATION FOR CONSIDERATION OF PLANNING REQUEST fice :Use Only ase (plication Date t' iplicable Ordinance ee.Paid. L r o a taff Initials section..: xisting U„.',';*441Proposed' Property Address/Street Location: Z S) 1 q Z 5 Z s Cenr C/3vR Applicant Name: ISnaiZi�zvJ46 Phone: I, i — Zl, I -- 9g Applicant E -Mail Address: dtcic611cLu4.4 m,., Applicant Mailing Address: -' Z'►- 1►fe,N Sere~ &"'t , (l'(rN -re I1P44.4 ) ,i' , SSi a.c, Property Owner Name: `,,C)(. ez,RKtU.u6 Phone: Z1pl- 41 g O Property Owner Mailing Address: Z32 4- f�fcn 5�� v� M-gNDwrA 11Ts /Y1,v 5 'to Legal Description & PIN of Property: (Complete Legal from Title or Deed must be provided) 2.S1I CoN ) Cl",== Clench..) 3,' Z$ , t3 6-cP4ir1-Y . = Z7 d s 'o s2S Lrvosnl N" = (ACfI�,J 14,1J t51 N, bt,z15n;ry TA = d35oa Sa Type of Request: Rezoning ❑ Conditional Use Permit ❑ Conditional Use Permit for PUD ❑ 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. i(te.k Signature b`f Applicant Date j 2.4(13 Signature f Owner Date Signature of Owner (if more than one) Date Planning Application (modified 1/28/2014) Page 1 of 1 page167 ABSTRACT OF TITLE TO No. 193 All that part of -the SE -1- of Section 35, Township 28, Range 23, described as follows: Commencing at the intersection of the southerly line of the SE+ of said Section 35 with the center line of Minnesota State Highway No. 88 as used and existing on and prior to November 30, 1950; thence West along said southerly line of the SE -1- for a distance of 450 feet; thence North for a distance of 1092 feet to the point of beginning of the land to be described; thence North for a distance of 273 feet; thence East and parallel with said Southerly line of said SE -1- for a distance of 301.8 feet, more or less, to the center line of Minnesota State Highway No. 88; thence Southerly along the center line of said Highway for a distance of 273.3 feet, more or less; thence West and parallel with said Southerly line of said SE+ for a distance of 295.3 feet, more or less, to the point of beginning, containing approximately 2 acres, subject to Highway. No. 194 SZ5 en, no .da Civ 2�- EXHIBIT "A" Legal Description page 168 That part of the SE'/. of Section 35, Township 28, Range 23, Dakota County, Minnesota, Described as follows: Commencing at the intersection of the South line of the SE'/. of said Section 35, with the center line of Trunk Highway No. 49, (formerly No. 88) thence West, along the said South line, 450 feet, thence North 932 feet to the point of beginning; thence North 160 feet, thence East parallel with the South line of said SE'/., a distance of 295.3 feet, more or less to the center line of Trunk Highway No. 49, as built, (formerly No. til 88); thence Southerly, along the center line of said highway, 160 feet, more or Tess, to a point on a line which is a parallel with the South line of the said SE Y. and passes through the point of beginning, thence West, parallel with the South line of the said SE Y. a I distance of 305 feet more or Tess, to the point of beginning, Excepting therefrom that part which lies Easterly of a line run parallel with and distant 162.5 feet Westerly of the t ,qesfollowing line beginning ata point on the East and West quarter line of Section 2, WI Township 27, Range 23, distant 612.2 feet West of the East quarter thereof; thence run s Northerly at an angle of 88 degrees 5 minutes 30 seconds with said East and West quarter line (when measured East to North) 325.9 feet, thence deflect to the (eft at an angle of 13 1 &), degrees 59 minutes for 2064.8 feet, thence deflect to the right on ten chord spiral curve of decreasing radius (spiral angle 1 degree 7 minutes 30 seconds) for 150 feet, thence deflect /2.- to the right on a 1 degree 30 minute circular curve (delta angle 22 degrees 54 minutes) for 1526.7 feet and terminating; together with a strip 12.5 feet in width adjoining and Westerly of the above described strip; beginning opposite a point on the above described line cgt distant 633.5 feet Southerly of its point of termination (when measured along said line) and extending Northerly to the North line of the above described tract. page 169 Dick Bjorklund Properties, LLC 2324 Field Stone Drive Mendota Heights, MN 55120-1920 Cell No. 651-261-9980 November 22, 2014 City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 To the City Planner, Members of the Planning Commission, and Members of the City Council: RE: 2511 & 2525 Condon Court ("The Oaks of Mendota Heights") Rezoning and Comprehensive Plan Amendment Application I'd like to take this opportunity to express my excitement in making this application. As a lifelong resident of Mendota Heights, I have seen many changes over the years in our community. And so for me, this application represents an idea for improving a unique piece of property and making it spectacular! My first request in this application has to do with the Comprehensive Plan Amendment. I am requesting to change it from the existing LB -PUD to MR. My second request is a Rezoning change. I am asking to change the zoning from the current Rl to R2. Background: I own two existing properties on Condon Court (2511 and 2525 Condon Court). Both of these properties are older houses. The first property, 2511 Condon Court, is located on the north corner of Condon Court and Mendota Heights Road and was built in 1940. It is a 932 square foot, 1 1/2 story house. The second property, 2525 Condon Court, is located just to the south of 2511. It was built in 1948 and moved to this current location in 1964. It is a one-story rambler with 1156 square feet. page 170 My Plan: My proposal is to build five new townhouses on the property. This would consist of two 2 -unit buildings and one single unit building. I believe with the great design and layout as well as the landscaping to be used, it will be a great -looking development and improvement for the City of Mendota Heights and the neighborhood. I believe my plan for this property is an improvement to the current Comprehensive Plan of Businesses for this location. And with the rezoning, I am barely increasing the density. There are two properties now and with my plan there will be a total of five. The traffic will have a minimal effect. The new units will be "state of the art" in construction and efficiency. The two existing old houses have passed their prime. I plan to connect all the units to the city sewer and water system at my expense. The existing water is on the north side of Mendota Heights Road. The sewer will have to come from the west along Mendota Heights Road and then have the sewer/water connections on the west side of the property. The sewer and water proposals and engineering details will most likely be part of the Developers agreement. I will agree to this. My proposal for the two 2 -unit buildings does not meet the city requirement of 20,000 square feet per lot. The middle two -unit building has 19,007 square feet. The southern two -unit building lot has 18,210 square feet. The front of the middle building is approximately 100 feet behind the curb. The front of the southern building is approximately 105-109 feet straight behind the curb. There is a "large area" (approximately 10,000 to 11,000 square feet) of DOT right of way across the front of the property. I have been in contact with them and they are currently looking into my plan. I have also been in contact with Xcel Energy to ask them if they could move two of their power poles to the east side of Condon Court. They said this was possible, but that it would be at my expense. I will cover this cost. The power poles are ugly! Then, Xcel Energy would also do the underground electric services back under the street to get power for each unit. This will be a fabulous improvement! The DOT then would not need all the right of way for the power poles because the poles would be across the street. I would like to pick up approximately 16 feet across the front. I'm not asking for all the right of way, just enough so that I would have the 20,000 square feet for each lot. page 171 The DOT will most likely write a letter to me saying what they can do once the power poles are gone and then my survey can be revised showing the changes. If this does not work out, then I believe I would have to apply for a variance to the 20,000 square foot requirement. I believe that I have a unique property here. The front setbacks from the street are huge! Almost all the townhouses that I have seen are just behind the curb and you can only park one car in the driveway. We are about 100 feet back. The side yard dimensions are also more than required by the code. When all the trees and evergreen trees are planted, this property will look great! As the owner of this property, my goal is to build these homes next summer. Since I believe in this development with all my heart, and as a lifelong resident of Mendota Heights, I want to not only see this development happen, I would also like to live in this new development. Without a doubt, I want to do a fabulous job. My hope is that people will see this as a fantastic development and a great place to live! Thank you for your consideration. Regards, r lC1C Dick Bjorklund page 172 Dick Bjorklund Properties, LLC 2324 Field Stone Drive Mendota Heights, MN 55120-1920 Cell No. 651-261-9980 November 22, 2014 City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 To the City Planner, Members of the Planning Commission, and Members of the City Council RE: 2511 & 2525 Condon Court ("The Oaks of Mendota Heights") Rezoning and Comprehensive Plan Amendment Application Written Statement: 1. Character: Stylishly designed and landscaped. 5 new townhomes. 10 foot ceilings, great flowing floor plan. 2 -2unit buildings, 1 single unit building. 2. Financing: I prefer to pre -sell two—four of the units before construction. 3. Ownership: I own the properties. 4. Development Schedule: I'd like to start construction in the spring of 2015 and fmish by the end of the year. 5. Character/Density: Quality built units that will be a welcoming entrance to southern Mendota Heights. See survey. 6. Industrial: Not applicable, not industrial. 7. Square Footage: Not applicable, not industrial. 8. Developed Open Space: Details in the survey. o_ 0 0 N N page 173 23046EXC.dwq I 1 a 0 kolod`P•\-`e x 897.7 a _ 0 a 0 895.3 a 0 a x 0 a O a 0 a 0 a 0 886.4 a 0 a _ 0 885.9 a O a 2 0 885.6 a 0 1 884.5 886 x 896.3 cto X96 0 SW CORNER OF THE SE 1/4 / - OF SEC 35, T. 28, R. 23 C9 890.5 x 898.5 IPPk° 906.7TC 301.8 (EAST DEED) N89°49'51 "E 907.4TC 0 O 900 �� I l 24 DAK i / ° A o 0 oV O Z 0 0 Z ri N o9v x 886.7 x 885.9 x 885.5 1397.84 N 89d49'51" E 884.8 / r CY N O o Z 0 N Z 0) o0 O• 0 0) w o w 0 Z / 1 1 wPI 0 = Z zo (0 • x 903.7 RIGHT OF WAY LINE PER MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 19-53. 0 29" OAK x 900.5 17" SPRUCE 15" SPRUCE 127.01 N89°53'12"E CLEAN OUTS x 896.1 0 28" OAK (0 x 902.9 'n? 5.0 `n x 903.1 N 9�2 0 rn 20" PINE o�Q x 902.2 19" PINE • a 0 cr 0 x 903.1 x 902.2 4.0 i a. s 901.4_ N PARCEL B 17.0 0 z _ 0 x 901.5 x 899.4 900.6 x 901.7 901.5TC 900 27.4 x 898.2 898 895 160.64 O I 894 CP CLEAN - OUT x 890.7 0 26" MAPLE a r 0 -OHP 295.3 ± S89°49'51 "•W *FIT. • x 897.6 5.3 x 898.0 4.2 N'N o0o 55 /n�11N/M 55; /0xN/ a Fri w 5 < 55 5 5 5 12.0 0 t • 14.0/.4 x 890.0 5 1, A x 859.2 141.04 (EAST DEED) x 898.2 CAPPED_ WELL 11 , CP 898 x 897.4 CAPPED WELL CpCPm 15 5 55 5" 55 555 55 5 5 5 ti. 5,, ,5 5 AAA* 5 55 5 55 5 5 , 4 55 { 55 55 ; 55 '• t 5 y 859? 12.5 a S 0 a 0 a 0 n 05 1 I - - Z 00t Z SOS wZZ Lid Z CL �a 3 03 Z Lu �0 0 I- ce saw a x 890.8 w N O N Z O N Z 0 N o ow ,,�w 85.8 co F5 5 t5 t „5 X 887.4 C EXISTING HOUSE #2535 5 ▪ ti., , 55 55 5 5 55 51 5 55 4 S ♦ 4 5 � �5 t5 55 4n 305 1 1 6�G 0 S S89°49'51" WEST DEED) 5 .5 5 893.0TC (DEED 450 WEST) 448.48 S89°49'51"W 0 C x 897.6 WO x 8g4-9TC --- 162.50 ---- -162.50 ----------- a_ - - rt 1 164 ± 2641.51 S89°49'51"W - SOUTH LINE OF THE SE 1/4 OF SECTION 35, T. 28, R.23 1 -H O (0 i Z� 0- >- 0 0 >- = LL1 Q 0 • Ct J W 0 CC 0 SE CORNER OF THE SE 1/4 OF SEC 35, T. 28, R. 23 PARCEL A, LEGAL DESCRIPTION PROVIDED BY CLIENT: That part of the Southeast Quarter of Section 35, Township 28, Range 23, Dakota County, Minnesota, described as follows: Commencing at the intersection of the south line of the Southeast Quarter of said Section 35, with the center line of Trunk Highway No. 49, (formerly No. 88) thence west, along said south line, 450 feet, thence north 932 feet to the point of beginning; thence north 160 feet, thence east parallel with the south line of said Southeast Quarter, a distance of 295.3 feet, more or less, to the center line of Trunk Highway No. 49, as built, (formerly No. 88); thence southerly, along the center line of said highway, 160 feet, more or less, to a point on a line which is parallel with the south line of the said Southeast Quarter and passes through the point of beginning, thence west, parallel with the south line of said Southeast Quarter a distance of 305 feet, more or less, to the point of beginning, Excepting therefrom that part which lies easterly of a line run parallel with and distant 162.5 feet westerly of the following described line, beginning at a point on the east and west quarter line of Section 2, Township 27, Range 23, distant 612.2 feet west of the east quarter thereof; thence run northerly at and angle of 88 degrees 5 minutes 30 seconds with said east and west quarter line (when measured east to north) 325.9 feet, thence deflect to the left at an angle of 13 degrees 59 minutes for 2064.8 feet; thence deflect to the right on ten chord spiral curve of decreasing radius (spiral angle 1 degree 7 minutes 30 seconds) for 150 feet; thence deflect to the right on a 1 degree 30 minute circular curve (delta angle 22 degrees 54 minutes) for 1526.7 feet and terminating. Together with a strip 12.5 feet in width adjoining and westerly of the above described strip; beginning opposite a point on the above described line distant 633.5 feet southerly of its point of termination (when measured along said line) and extending northerly to the north line of the above described tract. PARCEL B, LEGAL DESCRIPTION PROVIDED BY CLIENT: All that part of the Southeast Quarter of Section 35, Township 28, Range 23, described as follows: Commencing at the intersection of the southerly line of the Southeast Quarter of said Section 35, with the center line of Minnesota State Highway No. 88 as used and existing on and prior to November 30, 1950; thence west along said southerly line of the Southeast Quarter for a distance of 450 feet; thence north for a distance of 1092 feet to the point of beginning of the land described; thence north for a distance of 273 feet; thence east and parallel with the southerly line of said Southeast Quarter for a distance of 301.8 feet, more or less, to the center line of Minnesota State Highway 88; thence southerly along the center line of said Highway for a distance of 273.3, more or less; thence west and parallel with the southerly line of said Southeast Quarter for a distance of 295.3 feet, more or less, to the point of beginning, containing approximately 2 acres, subject to Highway. 0 SCALE IN FEET 30 60 1 inch = 30 feet 90 LEGEND: O • O 0 C • • r . •'.• 1.• $ • X OHP X NOTES TO SURVEY: IRON SET IRON FOUND FIRE HYDRANT MANHOLE CLEAN OUT LIGHT POLE TELEPHONE BOX CAPPED WATER WELL GUY WIRE POWER POLE TELEPHONE PEDESTAL ELECTRIC METER EXISTING TREES ASPHALT SURFACE GRAVEL SURFACE CONCRETE SURFACE FENCE LINE TREE LINE OVERHEAD POWER LINE RETAINING WALL Orientation of this bearing system is based on the south line of the Southeast Quarter of Section 35 to have an assumed bearing of S89°49'51 "W. No specific soil investigation has been completed on this lot by James R. Hill, Inc. The suitability of soils to support the specific structure proposed is not the responsibility of James R. Hill, Inc. or by the Surveyor. This survey has been prepared without benefit of a title commitment or title opinion. A title search for recorded or unrecorded easements which may benefit or encumber this property has not been completed by the surveyor. The location and information shown regarding utilities serving this property or existing on this property as shown as a part of this survey, have been located by on site observation or taken from plans provided by others. For further information concerning these utilities please contact the city of Mendota Heights Engineering Department and or Gopher State One Call. Contour interval is two feet. Elevations are based on Minnesota Department of Transportation Benchmarks, NAVD 88. Benchmark 1985 AX elevation=911.81, Benchmark 1982 BR elevation=889.76, and Benchmark 1982 BQ elevation=885.29. Address of Parcel A is 2525 Condon Court, Mendota Heights, Minnesota 55120. Parcel Identification Number for Parcel A is 27-03500-80-022. Parcel A gross area is 47,927 square feet or 1.1003 acres. Area of right of way within Parcel A is 23,882 square feet or 0.5483 acres. Net area of Parcel A is 24,045 square feet of 0.5520 acres. Address of Parcel B is 2511 Condon Court, Mendota Heights, Minnesota 55120. Parcel Identification Number for Parcel B is 27-03500-80-010. Parcel B gross area is 80,888 square feet or 1.8569 acres. Area of right of way within Parcel B is 50,055 square feet or 1.1491 acres. Net area of Parcel B is 30,833 square feet of 0.7078 acres. CERTIFICATION: We hereby certify that this is a true and correct survey of the above described property and that it was performed by me or under my direct supervision and that I am a duly licensed Professional Land Surveyor under the laws of the State of Minnesota. That this survey does not purport to show all improvements, easements or encroachments to the property except as shown thereon. Signed this 4th day of June, 2014 For: James R. Hill, Inc. By: Harold C. Peterson, Land Surveyor, MN License No. 12294 CC W W CD W J 0 V O 0 LC) C.J FAX: (952)890-6244 PHONE: (952)890-6044 DRAWN BY JDJ/CJK DATE 6/4/1 4 REVISIONS 10/6/14 Prop. hse 11/21/14 PLAN SET CAD FILE 23046EXC PROJECT NO. 23046 FILE NO. 1-14-053 1.0 0 N N page 174 23046PP.dwq 7 opoo voice SW CORNER OF THE SE 1/4 OF SEC 35, T. 28, R. 23 1397.84 N 89d49'51" E i1/401'9 (EAST DEED) 301.8 , N89°49'51"E RIGHT OF WAY LINE PER MINNESOTA DEPARTMENT OF TRANSPORTATION / RIGHT OF WAY PLAT NO. 19-53. 127.01 N89°53'12"E 00 0 / 1 5 0 0 cV co I , _ w NO CsJi 0 z -60.8 50.9 15 0 0 rr I _4 -53.2 0 w rn 2.0 0 U w 0 w ° 19.86 0 12.17N N8.88, O N 1068 -13.84 0 LOT 1 \ \ 17662 S.F. 0.405 Acres cn o a ._) "\, `' Q�^� 17.81 PROPOSED �' 0 HOUSE 0 0 16.36 r N 1.68 GARAGE 0 32.30 0 • ,bb 71)1 ,‘/ \ No F PROPOSED DRIVEWAY / -172.76---10.0<. --- .e-_-- 10 0 I L° 34.25 14.5cv .0 PROPOSED HOUSE 163.12 76.5 PROPOSED HOUSE 14.5 '-0, c" 1' o 0l 76.5 34.25 x 0 0 a 1 0 I N LOT 2 10407 S.F. 0.239 Acres q, 21.21 GARAGE N GARAGE 155.53 In 34.25 14.5 Ni PROPOSED 37.2-- 0 HOUSE -39.4-- - 2.0 0 Lu 0 76.5 148.69 76. PROPOSED HOUSE 14.5 'c? Imo' 1`0 = Qi U cti 0 6' q, 21.21 GARAGE 5 PROPOSED .4 DRIVEWAY 0 N PROPOSED/ DRIVEWAY/ LOT 3 / / 10 48600 S.F. 0.197 Acres cd LOT 4 8210 S.F. 0.188 Acres GARAGE 6�09N) 21.21 0 0 34.25 ri 141.04 N89°49'51 "E J PROPOSED / DRIVEWAY / o PROPOSED/ cV DRIVEWAY/ I LOT 5 10000 S.F. 0.230 Acres --16Z50_ w U X II w - -162.50 WEST DEED) 1 (DEED 450 WEST) 448.48 S89°49'51"W 2641.51 S89°49'51"W --- SOUTH LINE OF THE SE 1/4 OF SECTION 35, T. 28, R.23 -H N +I 0 c0 / o =o .3,z z-+ oTo r_ m -no rn r oco� z / SE CORNER OF THE SE 1/4 OF SEC 35, T. 28, R. 23 PARCEL A, LEGAL DESCRIPTION PROVIDED BY CLIENT: That part of the Southeast Quarter of Section 35, Township 28, Range 23, Dakota County, Minnesota, described as follows: Commencing at the intersection of the south line of the Southeast Quarter of said Section 35, with the center line of Trunk Highway No. 49, (formerly No. 88) thence west, along said south line, 450 feet, thence north 932 feet to the point of beginning; thence north 160 feet, thence east parallel with the south line of said Southeast Quarter, a distance of 295.3 feet, more or less, to the center line of Trunk Highway No. 49, as built, (formerly No. 88); thence southerly, along the center line of said highway, 160 feet, more or less, to a point on a line which is parallel with the south line of the said Southeast Quarter and passes through the point of beginning, thence west, parallel with the south line of said Southeast Quarter a distance of 305 feet, more or less, to the point of beginning, Excepting therefrom that part which lies easterly of a line run parallel with and distant 162.5 feet westerly of the following described line, beginning at a point on the east and west quarter line of Section 2, Township 27, Range 23, distant 612.2 feet west of the east quarter thereof; thence run northerly at and angle of 88 degrees 5 minutes 30 seconds with said east and west quarter line (when measured east to north) 325.9 feet, thence deflect to the left at an angle of 13 degrees 59 minutes for 2064.8 feet; thence deflect to the right on ten chord spiral curve of decreasing radius (spiral angle 1 degree 7 minutes 30 seconds) for 150 feet; thence deflect to the right on a 1 degree 30 minute circular curve (delta angle 22 degrees 54 minutes) for 1526.7 feet and terminating. Together with a strip 12.5 feet in width adjoining and westerly of the above described strip; beginning opposite a point on the above described line distant 633.5 feet southerly of its point of termination (when measured along said line) and extending northerly to the north line of the above described tract. PARCEL B, LEGAL DESCRIPTION PROVIDED BY CLIENT: All that part of the Southeast Quarter of Section 35, Township 28, Range 23, described as follows: Commencing at the intersection of the southerly line of the Southeast Quarter of said Section 35, with the center line of Minnesota State Highway No. 88 as used and existing on and prior to November 30, 1950; thence west along said southerly line of the Southeast Quarter for a distance of 450 feet; thence north for a distance of 1092 feet to the point of beginning of the land described; thence north for a distance of 273 feet; thence east and parallel with the southerly line of said Southeast Quarter for a distance of 301.8 feet, more or less, to the center line of Minnesota State Highway 88; thence southerly along the center line of said Highway for a distance of 273.3, more or less; thence west and parallel with the southerly line of said Southeast Quarter for a distance of 295.3 feet, more or less, to the point of beginning, containing approximately 2 acres, subject to Highway. 0 SCALE IN FEET 30 60 1 inch = 30 feet NOTES TO SURVEY: 90 Orientation of this bearing system is based on the south line of the Southeast Quarter of Section 35 to have an assumed bearing of S89°49'51 "W. No specific soil investigation has been completed on this lot by James R. Hill, Inc. The suitability of soils to support the specific structure proposed is not the responsibility of James R. Hill, Inc. or by the Surveyor. This survey has been prepared without benefit of a title commitment or title opinion. A title search for recorded or unrecorded easements which may benefit or encumber this property has not been completed by the surveyor. The location and information shown regarding utilities serving this property or existing on this property as shown as a part of this survey, have been located by on site observation or taken from plans provided by others. For further information concerning these utilities please contact the city of Mendota Heights Engineering Department and or Gopher State One Call. Address of Parcel A is 2525 Condon Court, Mendota Heights, Minnesota 55120. Parcel Identification Number for Parcel A is 27-03500-80-022. Parcel A gross area is 47,927 square feet or 1.1003 acres. Area of right of way within Parcel A is 23,882 square feet or 0.5483 acres. Net area of Parcel A is 24,045 square feet of 0.5520 acres. Address of Parcel B is 2511 Condon Court, Mendota Heights, Minnesota 55120. Parcel Identification Number for Parcel B is 27-03500-80-010. Parcel B gross area is 80,888 square feet or 1.8569 acres. Area of right of way within Parcel B is 50,055 square feet or 1.1491 acres. Net area of Parcel B is 30,833 square feet of 0.7078 acres. CERTIFICATION: We hereby certify that this is a true and correct survey of the above described property and that it was performed by me or under my direct supervision and that I am a duly licensed Professional Land Surveyor under the laws of the State of Minnesota. That this survey does not purport to show all improvements, easements or encroachments to the property except as shown thereon. By: Signed this 4th day of June, 2014 For: James R. Hill, Inc. Harold C. Peterson, Land Surveyor, MN License No. 12294 ■ v ■ (/) CC W W CDW (/) W 0 V 0 0 N FAX: (952)890-6244 PHONE: (952)890-6044 DRAWN BY JDJ/CJK DATE 6/4/14 REVISIONS 10/6/14 Prop. hse 11/21/14 PLAN SET CAD FILE 23046PP PROJECT NO. 23046 FILE NO. 1-14-053 2.0 Dimensions, notes, details and conformation to all local codes are to be verified by owner and contractor prior to the start of construction Phillips Planning, Inc. will assume no responsibility for same after commencement of construction. LAP SIDING ASPHALT SHINGLES VENT 1/300th OF ROOF AREA 50% TO 80% NEAR RIDGE REMAINDER IN SOFFIT FLASH OVER ALL EXT OPGS 12 4 12 LAP SIDING I I T MAINTAIN 6" MIN SEPARATION WOOD to EARTH I I ALL EXTERIOR FTGS TO BE 1 J 42" MIN BELOW FINISHED GRADE LEFT ELEVATION 1 /8"=1-0" • 12 I I I I I I I I I I I I I I 11 REAR ELEVATION 1 /8"=1'-0" f 12 LAP SIDING od-.Elm .. -.gid--tea-.o owl-. um -.fid-. e . avgr"' . de r_w "`..ems LAP SIDING RIGHT ELEVATION 1 /8"=1-0" VERIFY BRACKET 6 FRIEZE 3' 6" 1'-4" • C135111 6" TRIM .. .. .. .. ■■ ■■ ■■ ■■ op Lama I I 11 II 11 I 1 11 II II II 111111 111111 I I I T II 111111 I I I T II 111111 II ■■ ■■ .. 6" TRIM .. .. .. .. ■■ STEEL PANEL OVERHEAD DOORS (VERIFY STYLE) SHAKE & LAP SIDING AS SHOWN (VERIFY MATERIAL) LIGHT WEIGHT STONE AS SHOWN El 0 TYPICAL PORCH COLUMN: 6x6 TREATED POST WITHIN 12" ROUND COLUMN OVER 24" SQUARE STONE BASE 41 � PLAN# E 4-1117A THE J. JC ISA SERVICE MARK OF THE BUILDERS ASSOCIATION OF THE TWIN CITIES AND IS USED WITH PERMISSION page 175 REVISIONS phillipsplanning in( 13754 FRONTIER COURT SUITE 100 BURNSVILLE, MN 55337 (952) 432-2044 www.phillipsplan.com MEMBER OF BUILDERS ASSOCIATION OF THE TWIN CITIES.. III, © COPYRIGHT 2014 PHILLIPS PLANNING, INC. page 176 Dimensions, notes, details and conformation to all local codes are to be verified by owner and contractor prior to the start of construction Phillips Planning, Inc. will assume no responsibility for same after commencement of construction. 12 ASPHALT SHINGLES VENT 1/300th OF ROOF AREA 50% TO 80% NEAR RIDGE REMAINDER IN SOFFIT FLASH OVER ALL EXT OPGS LAP SIDING LAP SIDING n 8:12 PITCH 11 MAINTAIN 6" MIN SEPARATION WOOD to EARTH ALL EXTERIOR FTGS TO BE 42" MIN BELOW FINISHED GRADE LEFT ELEVATION 1/8"=1'-0" .tee 0 IOW LAP SIDING 12 LAP SIDING C 12 LAP SIDING z1 LAP SIDING 1 REAR ELEVATION 1/8"=11-0" LAP SIDING VERIFY BRACKET LIII U U 1 1 U Lill U Lill U Lil111 IIII 11 111111 11111 111111 I 812 PITCH 1,1 1 I I II 1 I I 1 1 11 1111 II I I U 1 U U 1 U U I U U 1 6" TRIM 518" TYPE -X GYPSUM UNDER SOFFIT 12 8:12 PITCH 12 8� 12 LAP SIDING 1 6" TRIM .. .. ■■ .. .. .. .. STEEL PANEL OVERHEAD DOORS (VERIFY STYLE) SHAKE & LAP SIDING AS SHOWN (VERIFY MATERIAL) LIGHT WEIGHT STONE AS SHOWN — TYPICAL PORCH COLUMN: 6x6 TREATED POST WITHIN 12" ROUND COLUMN OVER 24" SQUARE STONE BASE C LAP SIDING LAP SIDING C RIGHT ELEVATION 1/8"=1'-0" II PLAN# 4-1118A THE ISA SERVICE MARK OF THE BUILDERS ASSOCIATION OF THE TWIN CITIES AND IS USED WITH PERMISSION REVISIONS Z (/) Z 0 U 0 Z J 0 m U 0 phillipsplanning in, 13754 FRONTIER COURT SUITE 100 BURNSVILLE, MN 55337 (952) 432-2044 www.phillipsplan.com MEMBER OF rti 1c BUILDERS ASSOCIATION OF THE TWIN CITIES © COPYRIGHT 2014 PHILLIPS PLANNING, INC. page 177 4 ,- • .......e...-...F...c.-f.:e..- - 111111r - 11111111u' du 1 ill i _ — - rfsgpr A J� ;irirstrvagre'.t5if`.- a.rarKa_TIS AFT PAD? .3.`ff&- 3erariAirt -0.4r4Rgaifeezefoxkr 5f Cism,-a" W.N.rar-B3&P.F'ja a' Pates �r�1°.xl&&r§iAZ�f�rE��'a^Yna�w3 ,} :JG+fir7tG,+Wrissiofrr". dQ Jr Avargormidrazt _ rrAzizoS ate.x-o.tr_�. sem- 35ff, '�St r.'a'�'•:g:�'{ i w`l ` tesma 2''+f"..•.� '. s�'; ...n4-,,. t.} 5�st"%i..t-ma '3 t'i' k?J i3lf"..t14['• y,in .i •34 .r`" i:+'Y.w r ?fs•'.�;#3.�d.§i=s�a3+PF.r�' 1Cr.C��"f�efi�vs.:.� •" +*F,£st"aa".�3`1"�'3E�x.:L%.a�4i�+�. vfY:3`#ltc$#i"...ta}:et �':•�• rv_.Fi�Yfii*"p�Gll4Sla4Ciii.4ora'Ana %:�JYa"...',' c.n,gk°''- yyr}}e p MI6 . 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L r iz'1: 1_.- ✓.t_d,-v"'e 1 L_11! _IP_;..� Affidavit of uublicaflon page 179 State of Minnesota SS County of Dakota E. KITTY SUNDBERG 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 printed NOTICE OF HEARING which is attached was cut from the columns of said newspaper, and was printed and published once each -7TH week, for 1 successive weeks; it was first .published on SUNDAY , the day of DECEMBER , 20 14 , 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 *abcdefghijkimnopgrstuvwxyz Subscribed and sworn to before me on this 8TH day of DECEMBER , 20 TIMl... Notary Public *Alphabet should be in the same size and kind of type as the notice. TONYA R. WHITEHEAD Notary Public -Minnesota My Commission EMpires Jan 31, 2015 RATE INFORMATION (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 180 CITY OF MENDOTA HEIGHTS. NOTICE OF HEARING A PUBLIC :HEARING .ON., A' REQUEST FOR A :COMPREHENSIVE, PLAN AMENDMENT AND REZONINGAT 2511. AND 2525 CONDON COURT TO WHOM IT MAY CONCERN: NOTICE Is hereby given that the Planning Commission of Mendota Heights will 'meet at 7:00 P.M., or ,'as soon as. possible thereafter, on :Tuesday, .December, 23, 2014, In :the City Hall Council. Chambers, ,1,101 Victoria , Curve, Mendota Heights, - Minnesota, to consider an'. € application: from -Dick Bjorklund . to amend the Comprehensive Plan to allow residential uses and rezone the properties, at 2511 and 2525,Condon Court: toR-2 Medium Density :Residential, (PID# 27-03506780-010 and 27-03500-80-022). This request ;has been assigned Planning`'Case number 2014-36. ,. This notice is pursuant to Title 12 -(Zoning) of the Mendota Heights City :Code. Such persons as desireito be heard with reference to: this request; will be heard at this meeting.. , Lorrl Smith City Clerk (South-West Review: Dec. 7,12014) Planning Case 2014-36 Public Hearing Notice Mailing List page 181 Disclaimer. Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. Dakota County assumes no legal responsibility for the information contained in this data. Map Scale 1 inch = 411 feet 12/3/2014