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2012-09-04 Council PacketCITY OF MENDOTA HEIGHTS CITY COUNCIL AGENDA September 4, 2012 – 7:00 p.m. Mendota Heights City Hall 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Adopt Agenda 5. Consent Agenda a. Acknowledgement of August 21, 2012 City Council Minutes b. Acknowledgement of August 21, 2012 City Council Workshop Minutes c. Acknowledgement of August 28, 2012 Planning Commission Minutes d. Receipt of August 2012 Building Activity Report e. Approval of Date Change for November 6th City Council Meeting f. Approval of Date Change for September 25th Planning Commission Meeting g. Approval of Temporary On-Sale Liquor License, Church of St. Peter h. Approval of Skate Park Repairs i. Approval of Repairs to Par 3 Clubhouse Roof j. Approval of Contractors List k. Approval of Claims List 6. Public Comments 7. Unfinished and New Business a. Approval of Deer Population Management Plan b. Approval of 2013 Preliminary Levy and Budget, Setting Date of Public Hearing 8. Council Comments 9. Adjourn page 1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, August 21, 2012 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Krebsbach called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Duggan, Povolny, Petschel and Vitelli. 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 with the exception of Item 8C, which was deferred to a meeting in the future. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and approval. Councilmember Duggan moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein; pulling items F) Approval of Critical Area Permit for a Fence at 1646 Mayfield Heights Road, Planning Case 2012-25 and N) Award of Bid for 2012 Sanitary Sewer Rehabilitation Project. a. Acknowledgement of August 7, 2012 City Council Minutes b. Acknowledgement of August 8, 2012 Airport Relations Commission Minutes c. Receipt of July Fire Synopsis Report d. Approval of Request for Proposals for Supplemental Insurance Offerings e. Authorization to Complete Acquisition of 2454 Lemay Lake Road f. Approval of Critical Area Permit for a Fence at 1646 Mayfield Heights Road, Planning Case 2012- 25 g. Acceptance of Donations to Night to Unite h. Approval of Out of State Travel Request i. Approval of Subordination Agreement with CG Mendota Heights WPSL, LLC page 2 j. Approval of Contract for 2012-2014 City Audit Services k. Appointment of Probationary Firefighters l. Accept Feasibility Report for Hunter and Orchard Neighborhood Street Improvements m. Approval of Assessment Appeal Settlement Agreement n. Award of Bid for 2012 Sanitary Sewer Rehabilitation Project o. Approval of Temporary On-Sale Liquor Licenses p. Receipt of July Par 3 Report q. Receipt of July 2012 Treasurer’s Report r. Approval of Contractors List s. Approval of Claims List Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 CONSENT AGENDA TOPIC F) APPROVAL OF CRITICAL AREA PERMIT FOR A FENCE AT 1646 MAYFIELD HEIGHTS ROAD, PLANNING CASE 2012-25 Councilmember Duggan suggested an edit to the resolution, which staff agreed to make. Councilmember Duggan introduced the following resolution and moved its adoption: RESOLUTION APPROVING A CRITICAL AREA PERMIT FOR A PRIVACY FENCE AT 1646 MAYFIELD HEIGHTS ROAD. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 CONSENT AGENDA TOPIC N) AWARD OF BID FOR 2012 SANITARY SEWER REHABILITATION PROJECT Councilmember Duggan asked for clarification on the estimated cost per foot on a project such as this. Assistant City Engineer Ryan Ruzek explained that this project is estimated at thirty-five dollars per foot; whereas, the cleaning and televising of the sanitary sewer on average were approximately twenty- eight dollars per foot. The current project is to install a liner inside an existing pipe, which would add value and life to the pipe without the additional cost of actually replacing the pipe. Councilmember Duggan introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE 2012 SANITARY SEWER REHABILITATION (PROJECT #201205). Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS There were no public comments. page 3 PUBLIC HEARING A) NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PHASE II STORM WATER PERMIT FOR MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) Mayor Krebsbach opened the public hearing and recognized Assistant City Engineer Ryan Ruzek to give the background. Assistant Engineer Ruzek explained that the City of Mendota Heights, owning a storm sewer system which discharges into public waters, is required to perform six minimum control measures as part of the federally mandated pollutant discharge elimination system. The local permit is referred to as a SWPPP (Storm Water Pollution Prevention Program). The city was required to generate this initially in 2003 and the current model was adopted in 2006. The six minimum control measures are as follows: 1. Public Education and Outreach 2. Public Participation/Involvement 3. Illicit Discharge Detection and Elimination 4. Construction Site Runoff and Control 5. Post-Construction Runoff Control 6. Pollution Prevention/Good Housekeeping Assistant Engineer Ruzek listed the activities that the City of Mendota Heights does to meet these control measures. Mayor Krebsbach then opened the meeting for public comments. There were no public comments. Councilmember Duggan moved to close the public hearing. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 Mayor Krebsbach opened the floor for any council comments. Councilmember Duggan asked for clarification about the public not being permitted to remove existing trees, even dead ones, from the wetland areas. Assistant Engineer Ruzek suggested that a property owner first call and describe the unsafe situation, at which time staff would probably give permission to cut down the dead tree but to leave the stump and ground soil undisturbed. Councilmember Petschel asked when the city is initiating a pond management program. Assistant Engineer Ruzek answered that the Pollution Control Agency is in the process of generating the next generation permit. Councilmember Petschel then asked if this has anything to do with the Lake Pepin situation, which Assistant Engineer Ruzek explained is a whole separate situation and does not have anything to do with the pond management program. Councilmember Duggan suggested this information be shared on the city’s website. page 4 UNFINISHED AND NEW BUSINESS A) APPROVAL OF SALE OF BONDS FOR 2012 STREET PROJECTS Representatives from Ehlers and Associates, Inc., in Roseville, Minnesota gave a report on the bond sale that occurred on August 21, 2012. The City received a rating of Aa1 from Moody’s and a stable outlook for the City’s operations and existing debt obligations. The representatives provided a handout to the Councilmembers that explained the details of the bond sale. There were only two bids but Ehlers was able to secure some very good savings for the City. Baird of Milwaukee, Wisconsin offered a 2.31% true interest cost, which was below projections, and they were the low bidder. The other bid was 2.59%. The difference between the two bids resulted in a $96,000 savings in interest over the life of the bonds. Because of the low interest rate, the size of the bond was lowered to $2.63 million. The projected closing date is September 12, 2012, which would be when proceeds would become available to the City. Councilmember Duggan introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE ISSUANCE OF $2,630,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2012A, PLEDGING SPECIAL ASSESSMENTS FOR THE SECURITY THEREOF AND LEVING A TAX FOR THE PAYMENT THEREOF Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 B) APPROVAL OF LIMITED USE PERMIT FOR INTERSTATE VALLEY CREEK TRAIL RELOCATION City Engineer John Mazzitello explained that the passing of this resolution would start the process for the City of Mendota Heights to enter into a license permission agreement with the State Department of Transportation for use of their Highway 110 right-of-way for a portion of Interstate Valley Creek Trail. Engineer Mazzitello reminded the Council of the pair of license agreements for the existing trail where it traverses two private pieces of property. This permission agreement with the State Department of Transportation would allow the City to relocate that trail off of the private properties and into public right-of-way until such a point that it would join with City property and could be reconnected to the trail. Engineer Mazzitello shared an exhibit showing the re-routing of the trail around the two private parcels and the proposed limited use permit area. He also explained that once the final design of the trail relocation is finalized, the legal description would be added to the permission agreement and MnDOT would draft it for City signature. The resolution gave permission to sign the agreement to the City Administrator and the Public Works Director after thorough review by the City Attorney. page 5 Councilmember Duggan asked if it was necessary to notify the neighbors nearest to the trail. Engineer Mazzitello replied that both of the private property owners affected by this are aware of the City’s actions. Councilmember Vitelli introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING A LIMITED USE PERMIT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR A PEDESTRIAN TRAIL IN THE RIGHT-OF-WAY OF TRUNK HIGHWAY 110 AND TRUNK HIGHWY 149. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 COUNCIL COMMENTS Councilmember Duggan began, and was echoed by all of the Councilmembers: • Recognized Councilmember Vitelli, as he is in the process of leaving the Council, for his great contributions to the City, for being a great friend and mentor, for bringing his executive experience to decision making, and for his contributions to various committees Councilmember Duggan: • Commented that the Music in the Park event last week was a wonderful program • Thelma Hunter, who Hunter Lane is named after, has a big birthday this weekend and wished her a Happy Birthday ADJOURN Mayor Krebsbach adjourned the meeting at 7:31 p.m. ____________________________________ Sandra Krebsbach Mayor ATTEST: _______________________________ Lorri Smith City Clerk page 6 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Council Workshop Held Tuesday, August 21, 2012 Pursuant to due call and notice thereof, a workshop of the City Council, City of Mendota Heights, Minnesota was held at 5:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Krebsbach called the meeting to order at 5:00 p.m. The following members were present: Councilmembers Duggan, Povolny, Petschel and Vitelli. Also in attendance were City Administrator Justin Miller, Sgt. Eric Petersen, City Engineer/Public Works Director John Mazzitello, Fire Chief John Maczko, Assistant Fire Chief Dave Dreelan, Finance Director Kristen Schabacker, and Assistant to the City Administrator Jake Sedlacek. DRAFT 2013 BUDGET Miller presented the draft 2013 budget highlighting the following items: 1) The overall levy is proposed to increase by 3.99%, or $246,487. Almost half (43% or $106,520) of this increase is due to debt service levies that are to pay off bonds previously issued by the city. 2) Contracts with two of the three labor unions had a 2% wage increase already negotiated for 2013. This 2% was carried over to the remaining union (police sergeants) and the non-unionized employees as well. 3) Health insurance premiums are set to increase by 14.2% in 2013. Included in this budget is a 10% increase in the city contribution, leaving the remaining increase to the employees. Within the general fund, salaries and benefits comprise 65% of all expenditures. 4) Non-property tax revenues are anticipated to increase by 1.88%, or $21,701. The council briefly discussed health insurance and the city’s contribution towards the employee’s premiums and did not recommend making any changes. The council then asked each department director to highlight any major changes in their budgets for 2013. After reviewing the proposed budget, the council indicated that the draft looked appropriate and Miller stated that the council would be asked to approve a preliminary levy at the September 4th city council meeting. No formal action was taken. ADJOURN Mayor Krebsbach adjourned the meeting at 6:40 p.m. ____________________________________ Sandra Krebsbach Mayor ATTEST: _______________________________ Lorri Smith City Clerk page 7 Planning Commission Minutes August 28, 2012 1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES August 28, 2012 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, August 28, 2012, in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. The following Commissioners were present: Chair Norton, Commissioners Field, Hennes, Magnuson, Noonan, Roston, and Viksnins. Those absent: None. Those present were Assistant to the City Administrator Jake Sedlacek, Public Works Director/City Engineer Mazzitello, and NAC Planner Stephen Grittman. Minutes were recorded by Heidi Guenther. Approval of Agenda The agenda was approved as submitted. Approval of July 24, 2012, Minutes COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO APPROVE THE MINUTES OF JULY 24, 2012, AS PRESENTED. AYES: 7 NAYS: 0 Hearings PLANNING CASE #2012-13 City of Mendota Heights Zoning Amendment pertaining to new Property Maintenance Code for Commercial/Industrial Properties Planner Stephen Grittman presented the request of the City for approval of a zoning amendment pertaining to a new property maintenance code for commercial/industrial properties. Mr. Grittman noted that at the July meeting, the Planning Commission discussed the Commercial/Industrial Property Maintenance Code, and it was noted that a number of commissioners had comments that would be useful to build into the draft for further discussion. The zoning amendment before the commission this evening incorporated comments from Commissioners Noonan and Magnuson. The proposed changes were primarily clarifications based on the common concern that the language was overly broad. He reviewed the language changes in detail. Mr. Grittman presented staff’s analysis reviewed the language changes with the commission. Staff had no further recommendations on the code at this time. Commissioner Magnuson thanked staff for the addressing the proposed language changes. She questioned if it was necessary to create new code when the public nuisance code addressed many of the concerns. Mr. Grittman stated the enforcement abatement code currently addressed nuisances. The new code would provide an alternative remedy for specific conditions. Commissioner Roston expressed concerns that the code could put neighbor against neighbor. He questioned how noxious weeds versus natural plantings would be handled by the city. Mr. Grittman envisioned city staff would use their discretion in viewing natural landscapes as opposed to unkempt property. The commission asked for clarification on specific language, making two minor edits to the code as presented. page 8 Planning Commission Minutes August 28, 2012 2 Chair Norton opened the public hearing. Seeing no one coming forward wishing to speak, Chair Norton asked for a motion to close the public hearing. COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER FIELD, TO CLOSE THE PUBLIC HEARING. AYES 7 NAYS 0 COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER NOONAN, TO RECOMMEND APPROVAL OF THE COMMERCIAL/INDUSTRIAL PROPERTY MAINTENANCE CODE AS REQUESTED BASED ON THE FINDINGS OF FACT DETAILED IN THE STAFF REPORT AS AMENDED. Commissioner Hennes questioned the need for this ordinance. Commissioner Roston agreed stating this code may create a solution for a problem that does not exist. He indicated that City Hall would be in violation of the code, if it were applied to city properties. He explained there were other ordinances in place to address these nuisances concerns. Commissioner Viksnins supported the code. While few properties in the city have had problems in the past, the proposed code could be a useful tool. He noted the city has listened to the business communities concerns and their comments were considered in the code. Commissioner Noonan agreed stating the city has had a residential property maintenance ordinance for several years and shared his opinion that it has not led to an uprising of neighbor against neighbor situations. Commissioner Noonan felt that property maintenance codes were a useful tool to protect property value Commissioner Magnuson stated she has received calls supporting both sides of the matter. She was pleased with the revisions made to the document and indicated it made sense to have the document in place to address any concerns that may arise in the future. She supported moving forward with the code amendment. Commissioner Field did not support the zoning code and had many of the same concerns as Commissioner Roston. He was pleased with the revisions made to the document but would not be voting in favor this evening. Chair Norton also opposed the document for the same reasons noted by Commission Roston. AYES 4 NAYS 3 (ROSTON, FIELD AND CHAIR NORTON) Chair Norton advised the City Council would consider this application at its September 4, 2012, meeting. Verbal Review Mr. Sedlacek gave the following verbal review: PLANNING CASE #2012-22 Greg Quehl Wetlands Permit Approved by the City Council as recommended by the Planning Commission. PLANNING CASE #2012-23 Thomas Weiser Critical Area Permit Approved by the City Council as recommended by the Planning Commission. PLANNING CASE #2012-24 David Williams Wetlands Permit Approved by the City Council as recommended by the Planning Commission. PLANNING CASE #2012-25 Steve Stulz Conditional Use Permit page 9 Planning Commission Minutes August 28, 2012 3 Approved by the City Council as recommended by the Planning Commission. Reschedule of September Meeting Mr. Sedlacek advised that the September 25, 2012 meeting would start at 6:00 p.m. in observance of Yom Kippur. Commissioner Roston appreciated the meeting time being changed but stated he would still not be able to attend. Commissioner Viksnins questioned if the meeting date could be changed. Mr. Sedlacek indicated the commission could request a date change, which would be brought to city council at their next meeting.. COMMISSIONER FIELD MOVED, SECONDED BY CHAIR NORTON, TO MOVE THE SEPTEMBER PLANNING COMMISSION MEETING TO SEPTEMBER 24, 2012 AT 7:00 P.M. AYES 7 NAYS 0 COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER FIELD, TO ADJOURN THE MEETING AT 7:29 P.M. AYES 7 NAYS 0 Respectfully submitted, Heidi Guenther, Recording Secretary page 10 page 11 DATE: August 21, 2012 TO: Mayor and City Council FROM: Justin Miller, City Administrator SUBJECT: Change of November 6th City Council Meeting Date BACKGROUND This year’s general election falls on Tuesday, November 6th. This date also happens to be the same as a regularly scheduled city council meeting. State statutes prohibit public meetings from being held while polls are open, so traditionally the city has changed the meeting start time to 8:00 pm when this conflict occurs. Staff is recommending instead that the city council meeting of November 6th be moved to Tuesday, October 30th. There are five Tuesdays in October this year, and moving the meeting to this date will keep the every-other meeting pattern in place for October. There will then be an extra week between the October 30th meeting and the November 20th meeting. A special meeting of the city council will need to be scheduled between November 9th and 16th in order to canvass the results of the general election. This date will be set as we get closer and can coordinate schedules so that we can ensure that a quorum will be present. BUDGET IMPACT N/A RECOMMENDATION Staff recommends that the Mendota Heights City Council approve moving the November 6th city council meeting to Tuesday, October 30th. This action requires a majority vote of the city council. page 12 Page 1 of 1 DATE: September 4, 2012 TO: Mayor, City Council and City Administrator FROM: Jake Sedlacek, Assistant to the City Administrator SUBJECT: September Planning Commission Meeting BACKGROUND The next regular meeting of the Mendota Heights Planning Commission is on Tuesday, September 25, 2012. This also happens to be the start of Yom Kippur. The commission passed a motion at their August 28, 2012 requesting that their September meeting be changed to Monday, September 24, 2012, starting at 7:00 p.m. BUDGET IMPACT N/A RECOMMENDATION If city council wishes to implement this recommendation, pass a motion changing the date for the September 2012 planning commission meeting to Monday, September 24, 2012. This action requires a simple majority vote. page 13 CITY OF MENDOTA HEIGHTS MEMO DATE: September 4, 2012 TO: Mayor, City Council, and City Administrator FROM: Lorri Smith, City Clerk SUBJECT: Temporary On-Sale Liquor License for Church of St. Peter INTRODUCTION Pursuant to City Code Section 3, Chapter 1, no person except wholesalers and manufacturers, shall directly or indirectly deal in, sell, or dispose of by gift, sale or otherwise, or keep or offer for sale, any intoxicating liquor, wine or 3.2 percent malt liquor within the city without first having received a license to do so. Temporary On-Sale Liquor licenses shall be granted only to clubs and charitable, religious or nonprofit organizations that have been in existence for three years for the sale of intoxicating liquor on the premises only on the days specified in the license. No organization shall be granted more than two special event licenses in any calendar year. No license shall be issued for more than three days. The licenses are subject to final approval by the Director of Alcohol and Gambling Enforcement. DISCUSSION Church of St. Peter, located at 1405 Hwy 13, is planning to hold their annual Fall Festival on Sunday, October 7, 2012, from 10 a.m. to 3:00 p.m. on the church grounds. They have requested a temporary on-sale liquor license to allow for the sale of alcoholic beverages at the event. Please find attached the request from Church of St. Peter. They have submitted an application, applicable fees, and a certificate of insurance for showing liquor liability for the event. It should be noted that temporary on-sale liquor licenses have been issued in the past to Church of St. Peter and many other charitable, nonprofit and religious organizations within the city with no incidents or negative reports. RECOMMENDED ACTION Staff recommends the City Council approve a temporary on-sale liquor license for Church of St. Peter for October 7, 2012, subject to final approval of the Director of Alcohol and Gambling Enforcement. page 14 page 15 Page 1 of 2 DATE: September 4, 2012 TO: Mayor, City Council and City Administrator FROM: Jake Sedlacek, Assistant to the City Administrator SUBJECT: Rogers Lake Skate Park Mini Ramp BACKGROUND The Mini Ramp (half pipe) at Rogers Lake Skate Park serves as the main attraction in a very popular parks facility. The Mini Ramp was installed in 2004, signs of deterioration of the skating surface started showing up in 2011. Staff and the parks and recreation commission have held several discussions about the mini ramp (and the skate park in general) over the past 12 months. The parks and recreation commission has recommended that staff identify a contractor to repair the ramp, with the work completed as soon as possible. The commission has asked that the cost for this work be split between the Special Parks Fund and the Parks Maintenance Budget. Staff has had conversations with several vendors for SkateLite ramp surfacing, the current standard for this type of facility. Each vendor felt that there may be structural issues with the ramp which have caused the material to fail in less than eight years. Terry Sullivan and I had a chance to meet with representatives from Plywood Benders, a contractor we have used in the past, to inspect the ramp. We discovered that the underlying framework is good, but the original installation did not included sufficient underlayment to the surfacing. Plywood Benders has provided the attached quote to repairs the underlayment and surfacing. The scope of work includes city staff removing the surfacing and underlayment. This allows city staff an opportunity to add additional support to the ramp to ensure that we get a full 15-20 years use out of the new surfacing. The contractor would dispose of old materials, install two layers of plywood underlayment and new SkateLite Pro surfacing. Our purchasing policy suggests that the city receive three competitive quotes for expenses over $5,000, but staff has had difficulty in finding qualified contractors. Staff has reviewed materials costs, and feels that the estimate for labor is fair. BUDGET IMPACT The 2012 Special Parks Fund budget included $25,000 for parks improvements, which the parks and recreation commission has recommended for improvements to the skate park. As a maintenance project, rather than an addition of new park features, the parks and recreation page 16 Page 2 of 2 commission has asked that the cost for resurfacing the mini ramp be split between the Special Parks Fund and the Parks Maintenance Budget. RECOMMENDATION Staff recommends accepting the proposal from Plywood Benders. If city council wishes to implement the recommendation, pass a motion authorizing the city administrator to accept the proposal. This action requires a simple majority vote. page 17 Plywood Benders L.L.C. P.O. Box 16372 St. Louis Park, MN 55416 612 280 5856 Mendota Heights, MN Half Pipe restoration: Replace worn Substrate and Surface on Half Pipe Building Specifications: * Substrate replacement will be two layers of 1/2" treated plywood * Skating surface is 1/4", waterproof Skatelite Pro Timeline: Estimated time of construction is 2 days This Bid includes: * Fasteners, Substrate, and Surfacing * Deck and Coping adjustment * All labor required to fix substrate and resurface Half Pipe * The ordering and delivery of materials to the construction site Cost: SkateLite Pro:$4200 Green Treated 1/2" Plywood:$800 Screws for Plywood:$100 Screws for SkateLite:$450 Materials Subtotal:$5550 Labor & Expenses:$2450 Total Cost:$8000 Submitted by the Plywood Benders L.L.C. 8/23/2012 www.plywoodbenders.com page 18 Page 1 of 1 DATE: September 4, 2012 TO: Mayor, City Council and City Administrator FROM: Jake Sedlacek, Assistant to the City Administrator SUBJECT: Par 3 Roof Replacement BACKGROUND The roof on the clubhouse at the Mendota Heights Par 3 Golf Course was damaged in the storm that swept through our community June 19, 2012. The roof itself is functional, but several shingles were lost in the storm. The age and condition of the roof are such that simple repairs are not possible. Staff has collected competitive proposals for full replacement of the roof, which would include removing two layers of existing shingles, making necessary repairs and installed architectural shingles to match the addition which was constructed recently on the south end of the building. Proposals were received from J&B Roofing, R.K. Hunter, Inc., Action Roofing and Siding LLC and Henry Vangurp. J&B Roofing provided the lowest bid at $4,450. BUDGET IMPACT Staff anticipates that this expense will be included in the reimbursement claim being paid by FEMA and the State of Minnesota. The City will have to meet our deductible for the entire storm event, this expense will go towards meeting this requirement. RECOMMENDATION Staff recommends accepting the low bid for this project from J&B Roofing. If city council wishes to implement the recommendation, pass a motion authorizing the city administrator to accept the proposal. This action requires a simple majority vote. page 19 page 20 page 21 page 22 page 23 page 24 page 25 page 26 page 27 page 28 page 29 page 30 page 31 page 32 page 33 DATE: August 21, 2012 TO: Mayor and Council FROM: Mike Aschenbrener, Police Chief SUBJECT: Deer Population Management Plan BACKGROUND The City of Mendota Heights adopted its first deer management plan in 1995 with assistance from the Minnesota Department of Natural Resources (DNR) and began working with the Metro Bow Hunters Resource Base (MBHRB) at that time to provide the hunters. Since that time the hunt has changed along with the density of the populations in the City of Mendota Heights. In 2008, the council adopted a resolution to continue with the same deer management plan under the same rules as we had used since the 2004 hunt. The MBHRB has received high marks from the property owners on whose land they have hunted. See attached copy of code governing hunting and discharge of bow and arrow and/guns. The City Code 5-1-1 prohibits discharges of firearms or bow and arrow with four exemptions, one of which is for deer population control hunts under city direction. Code 5-4-1 prohibits all other hunting in the city with exemptions for government employees and persons who meet an exemption in 5-4-1 B. We regularly receive requests to hunt private property within the City of Mendota Heights. Generally the call is from a hunter who knows or has permission from a land owner to hunt property in the city. In the past ten years, the city has not granted a hunting exemption to a private party and has only issued a single archery permit. It has been approximately 15 years since the city maintained a public archery practice area. A group of residents requested the city consider deer population control in their neighborhoods. At the goal setting workshop, an outline was discussed for potential options to expand the current status of the deer population management plan. Since the City Council goal setting workshop several things have occurred: • A review of the rules for hunting in neighboring communities has been completed. page 34 • There have been several meetings with the MBHRB to discuss and review the options they offer the city. • A staff discussion has occurred around what public properties (parks, open space, or outlots) could be included in an expanded management hunt. • Initial contacts have been put out to additional large private and public property owners in the city to determine if there is interest for participation in the deer population management hunts. At this time no smaller parcel property owners have been approached for inclusion in a hunt. Once a plan is in place, additional discussions could take place with individual property owners to discuss hunting on private property at the owner’s request. The current hunt land owners have also requested the hunters shoot coyotes while hunting deer. A review of Minnesota State Statutes shows this would be legal. During MBHRB meetings it was learned that the coyotes have become so accustomed to humans that they were unafraid of them while hunting. Each hunter stated they saw multiple coyotes during the deer hunts. They will not do exclusive coyote hunting. They will shoot and properly dispose of nuisance coyotes if the city authorizes them to do so. This would only be incidental to the deer population management hunts. The MBHRB advised that they would prefer a contract with the City should we continue to work with them to manage the deer herd. They provided a copy of the contract they use with other cities. They work with numerous other cities and counties to keep the deer population under control in the metro. In the past few years they have stopped working with communities and one county when the elected officials chose to open the hunt areas to public hunting. It would be my recommendation that city contract with the MBHRB to hunt on public and private lands in the city. I would further recommend that the city continues to only approve the MBHRB hunts, sign a contract with the MBHRB, authorize them to shoot coyotes as part of the hunt, and allow private property owners to request deer hunting on their property by the MBHRB (subject to city approval). I also request that city staff develop a policy governing the deer population management process and reports the results of the hunt annually to the Council. See attached contract proposal, resolution and map of potential public properties to be hunted. BUDGET IMPACT The police department spends approximately 20 hours of staff time annually maintaining this project and by extending the permissions out to 5 years we would reduce city resources spent on this project. RECOMMENDATION Adopt the attached resolution and authorize staff to sign a contract with the MBRB. page 35 City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 12- A RESOLUTION AUTHORIZING DEER POPULATION CONTROL BOW HUNT ON PRIVATE PROPERTY AND PUBLIC PROPERTY WHEREAS, the City of Mendota Heights has received requests from various affected property owners to reduce the number of deer within the City of Mendota Heights; and WHEREAS, these property owners have expressed concerns regarding this growing deer population and its associated negative impacts including excessive deer browsing and damage to vegetation and traffic safety concerns due to accidental deer-vehicle collisions; and WHEREAS, the City has conducted numerous similar hunts in previous years which were deemed successful; and WHEREAS, the City desires to maintain a reasonable deer population with the City boundaries; and WHEREAS, such a balance can only be achieved through regular on-going deer population control efforts. NOW THEREFORE, BE IT RESOLVED that the City Council authorizes a limited deer hunt within Mendota Heights during the authorized Minnesota Bow Hunting Season as set by the Minnesota Department of Natural Resources, subject to the following conditions: 1) The Metro Bow Hunters Resource Base (MBHRB) receives written reauthorization from each private property owner wishing to participate in the program once every five years. 2) MBHRB notifies the City in writing of the property they are authorized to hunt on before they begin hunting. 3) The hunt is conducted by the Metro Bow Hunters Resource Base (MBRB) who will certify and select qualified bow hunters to participate in the hunt. 4) All deer shall be taken by bow and arrow in a safe and humane manner. 5) The number of deer taken shall not exceed that recommended by the Minnesota Department of Natural Resources. MBRB will notify the City of Mendota Heights of the number of deer taken during the previous season. 6) Deer of any age or sex maybe taken, however, bow hunters shall not pass up shots at antler less deer. 7) Hunters are authorized to shoot nuisance coyotes. 8) All hunters must be appropriately licensed and hold valid tags as issued by the Minnesota Department of Natural Resources. Adopted by the City Council of the City of Mendota Heights this 4th day of September 2012. CITY COUNCIL CITY OF MENDOTA HEIGHTS By_________________________________ Sandra Krebsbach, Mayor ATTEST: By____________________________ Lorri Smith, City Clerk page 36 CONTRACT FOR GOODS/SERVICES City of Mendota Heights (City), a political subdivision of the State of Minnesota, is in need of services and/or goods (hereinafter "services") and Metro Bowhunters Resource Base, Inc., PO Box 161 Circle Pines, MN 55014 (Contractor) desires to provide such services. NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein the parties enter into this Contract and agree as follows: 1. TERM. The term of this Contract is from the date of execution by all parties through December 31, 2017, or until all work under this Contract is completed and payments made, which ever occurs first, unless earlier terminated by law or according to the provisions of this Contract. 2. SCOPE OF SERVICES. The City requests and the Contractor agrees to provide the services that are attached and incorporated as Exhibit A. If there is a conflict between this Contract and Exhibit A, this Contract shall govern. Services provided under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the Contractor's occupation performing services under similar conditions. 3. PAYMENT. The City agrees to pay for the services, including expenses in an amount not to exceed $50.00, (check if applicable) and in accordance with payment rates or schedule set forth in the Exhibit(s). The City will reimburse MBRB for the cost to list the City as an additional insured party on its insurance policy for these services. 4. CITY LIAISON. Contractor shall work closely with the City's liaison, Glen Blair, 763-291-7380. 5. GENERAL CONDITIONS. The General Conditions of this Contract are attached and incorporated as Exhibit B. 6. ENTIRE AGREEMENT. This Contract is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon. IN WITNESS WHEREOF, the parties hereto have executed this Contract on the date(s) indicated below. FOR CITY OF MENDOTA HEIGHTS By: Justin Miller City Administrator Date of signature: FOR THE CONTRACTOR (I represent and warrant that I am authorized by law to execute this contract and legally bind the Contractor). By: Print Name: Title: Telephone No. Date of signature: page 37 Scope of Services for 2012 Mendota Heights Deer Management Project August 7, 2012 Provide hunt management services – Metro Bowhunters Resource Base (MBRB) MBRB Activities • Provide a crew of MBRB qualified archers with sharpshooter status. • Provide certificate of liability insurance with the City listed as an additional insured before start of hunt. • Send mailing list of MBRB hunt participants to City before start of hunt. • Hunt Orientation Check-in and Meeting presentation before start of hunt. o Provide agreed upon hunter identification to hunters o Provide agreed upon hunter vehicle markings for each vehicle to be used in hunt. o Post main entrances to public lands hunted at beginning of season advising of hunt dates. • Mendota Heights Hunt Dates will be one weekend per month and at least one weekend will be set aside as a make up in the event of inclement weather or low hunt numbers. • Gather hunt data from each participant each day. • Provide City a verbal report on hunt progress and issues monthly. • Administer hunt in accordance with hunt rules and other procedures necessary for a safe and orderly hunt event. • Assist in tracking and recovery of deer that are reported hit by participants. • Provide liaison with the City and Police Department so that there is one point of contact for all hunting activities. • Report rule infractions and other pertinent incidents to City. • Take nuisance coyotes during hunt and dispose of properly. • Send final summary report of hunt data to City staff one month after completion of hunt. page 38 5 3 2 4 1 I494 HWY 5 5 DO D D R D HWY 110 I3 5 E DE L A W A R E A V E SIB L E Y M E M O R I A L H W Y HWY 13 MARIE AVE W LONE OAK RD MENDOTA HEIGHTS RD LE X I N G T O N A V E LILY D A L E R D D S T ONEILL RD HUBER DR I94 PI L O T K N O B R D CH E R O K E E A V E SER V I C E R D LAKE DR WENTWORTH AVE NORTHLAND DR EAG A N D A L E B L V D WAGON WHEEL TRL 1ST AVE LE M A Y L A K E R D WA L S H L N TRAPP RD NO R T H W E S T P K W Y 4TH S T HIGHVIEW AVE BLUE GENTIA N R D DI A N E R D 3RD AVE LO N E O A K D R DE C O R A H L N CH I P P E W A A V E AP A C H E S T HWY 4 9 4 R A M P JA M E S R D HU N T E R L N LIL A C L N BU R N S I D E A V E SKYLINE RD TI M M Y S T CHERI LN E G A N A V E 2ND AVE CENTRE POINTE CUR PA G E L R D SO U T H L N E S T G S T DODD RD RAMP BLUEBILL DR TR A I L R D HILLT O P R D W A T E R S D R EMERSON AVE W AVALON AVE AZT E C L N WA R R I O R D R DOUGLAS RD F S T TH E R E S A S T CHEYEN N E L N VICTORIA CUR DO R S E T R D WESLEY LN WI L L I A M C T CO M M E R S D R SU M M I T L N VIL A S L N EN T E R P R I S E D R OVERLOOK RD CALLAHAN PL KN O B R D MEA R S A V E STAPLES AVE CORPORATE CENTER DR BACHELOR AVE ORCHARD PL KEOKUK LN C S T L O N E O A K P K W Y IV Y H I L L D R 3RD ST PUEB L O L N SKYLINE DR FIEL D S T O N E D R MCKEE ST MENDOTA RD RAMP 2ND ST FO X P L BE A M L N 1S T S T A C A C I A D R CONCORD WAY LIND E N S T PON D V I E W 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HI G H R I D G E T E R PRIVATE RD C O M M E R C E D R BETTY LN VAIL DR AS H L E Y L N WA C H T L E R A V E V A L L E Y C U R V E R D FA R O L N PA R K L N I N L A N D R D RAINIER LN LA U R A S T ARCAD I A D R JUNCTION LN LO N E O A K L N NA V A J O L N JOHN ST CE N T E R C T LO N D O N R D STON E B R I D G E R D KENDON LN WI T B Y D R AP A C H E C T VIC K I L N UPPER COLONIAL DR DODD RD LOOP EA G A N W O O D S D R HIGHVIEW CIR S FA I R L A W N P L PONDHAVEN LN PARK PLACE DR C L E M E N T S T PO N D C I R E HWY 1 1 0 L O O P PON D C I R W A R B O R C T HAVENVIEW CT LEMAY L A K E D R I 3 5 E L O O P EX E C U T I V E D R BRIDGEVIEW AVE LAKEVIEW AVE CY G N E T L N PARK CIR NA T U R E W A Y SIBLEY CT MARIE AVE I494 RAMP ORCHARD CIR CORPORATE CENTER CURV MARY ADELE AVE VI S I T A T I O N D R FURLONG AVE HI W A S S E E T E R DARLA CT ELLEN ST AS P E N W A Y TRAP P P T BE D F O R D C T PAM E L A L N BLUFF CIR VICTORY AVE S AR V I N D R ADELIN E C T VICTORIA CT G R Y C C T PO P P L E R L N HE A T H E R C T DOUG L A S C T RAE CT PRIV A T E R D I494 C L E M E N T S T HWY 494 RAMP HWY 5 5 I494 HWY 110 WA C H T L E R A V E HWY 13 LE X I N G T O N A V E PRIV A T E R O A D I3 5 E I494 1S T S T PR I V A T E R O A D HI G H R I D G E T E R ONEILL R D LONE O A K D R 2ND ST EAGAN INDUSTRIAL RD HWY 110 Potential Deer Hunting Areas August 2, 2012 City ofMendotaHeights02,000 SCALE IN FEET Legend City Boundary Private Area: Working With Landowners (Not All Allowing Hunting) City Owned Properties 1-5 City Properties With 5+ Acres page 39 DATE: September 4, 2012 TO: Mayor and City Council FROM: Kristen Schabacker, Finance Director SUBJECT: Preliminary Levy for 2013 BACKGROUND On Tuesday, August 21, 2012 the city council held a budget workshop to discuss the proposed 2013 budget. The total general fund budget for 2013 is $6,589,363 which is 2.50% greater than the 2012 budget. The total city budget for 2013 is $11,252,371. The levy for 2013 will increase by $246,487 from the 2012 levy. Changes can be made to the preliminary budget prior to the adoption of the final budget in December 2012. The preliminary levy cannot be increased once it is certified in September 2012. The budget may be increased if funded by sources other than the property tax levy. Each year the City Council needs to adopt a preliminary budget and tax levy in September. This levy is certified to Dakota County before September 15th. There are three resolutions that need to be passed. The first adopts the proposed budget for 2013. The second adopts the preliminary levy to be certified to the county. There is a third resolution that adopts a levy for the special taxing district. The special taxing district levy affects only the industrial park properties and is used to maintain and operate their street lights. Dakota County will send out parcel specific tax statements to the residents in November. This will show the change in taxes based on the preliminary levy adopted. The final budget and levy will then be discussed and approved at the council meeting on Tuesday, December 4, 2012. The final levy needs to be certified to the County no later than December 28, 2012. BUDGET IMPACT Below is a comparison of the proposed levy for 2013 to the final levy for 2012. page 40 2012 2013 Final Preliminary General Fund $5,193,935 $5,331,402 Emergency Prep. 25,000 25,000 Fire Relief 68,500 68,000 Infrastructure/Facility Reserve 20,000 20,000 Equipment Reserve 20,000 20,000 Legal & Contingency 40,000 40,000 Net General Levy $ 5,367,435 $ 5,504,402 Improvement Bonds $ 441,786 $ 545,471 Equipment Certificates $ 53,004 $ 52,059 Mrkt Value Rfrndm(Par 3 Bonds) $ 262,847 $ 266,627 Special Street Light District $ 45,000 $ 48,000 Net Certified Levy $ 6,170,072 $ 6,416,559 The proposed levy for 2013 reflects a 3.99% increase over the final levy for 2012. RECOMMENDATION Staff recommends that the Mendota Heights City Council approve the attached resolutions adopting the 2013 proposed budget, the 2013 proposed levy and the final tax levy for the special taxing district. page 41 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2012- RESOLUTION APPROVING PROPOSED 2012 LEVY COLLECTIBLE IN 2013 WHEREAS, the state law requires the City of Mendota Heights to certify a tentative tax levy for 2013 prior to September 15, 2012; and WHEREAS, the levy may be adjusted prior to December 28, 2012, to an amount not to exceed the adopted tentative levy. NOW THEREFORE BE IT RESOLVED, that the city council adopt the following tentative levy for tax against all taxable property in the City of Mendota Heights for collection in the year 2013: 2013 Preliminary General Fund 5,331,402 Emergency Preparedness 25,000 Fire Relief 68,000 Infrastructure Reserve 20,000 Equipment Reserve 20,000 Legal & Contingency Levy ___40,000 Net General Tax Levy $5,504,402 Special Debt Levies Improvement Bonds 545,471 Equipment Certificates 52,059 Net Levy Debt Service $ 597,530 Market Value Referendum Levy $ 266,627 Street Light District $ 48,000 Preliminary Levy Certified $6,416,559 page 42 BE IT FURTHER RESOLVED that the levy shall be amended following budget hearings to reflect the adopted city budget. BE IT FURTHER RESOLVED that the city council will hold a hearing Tuesday, December 4, 2012 at 7:00 P.M. at their regularly scheduled council meeting for the purpose of considering the proposed budget and levy. The public is invited to attend the meeting and speak to the final budget and levy. Adopted by the City Council of the City of Mendota Heights this 4th day of September, 2012. CITY COUNCIL CITY OF MENDOTA HEIGHTS ____________________________ Sandra Krebsbach, Mayor ATTEST ____________________________ Lorri Smith, City Clerk page 43 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2012- RESOLUTION ADOPTING 2013 PROPOSED BUDGET WHEREAS, State Statute requires city council adoption of a proposed budget for 2013 on or before September 15, 2012; and WHEREAS, the city council has received and reviewed the city administrator’s proposed 2013 budget; and WHEREAS, council recognized that the budget document was prepared on the basis of a preliminary levy; and WHEREAS, the final budget and levy will be considered at a council meeting set for December 4, 2012. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Mendota Heights that the city administrator’s proposed 2013 budget appropriates expenditures in a manner consistent with service level needs and preliminary levy funding; and BE IT FURTHER RESOLVED, that council hereby adopts the administrator’s proposed 2013 budget subject to amendment following budget and levy hearings and adoption of a final levy. The 2013 proposed budget reflects $11,252,371 of expenditures for all budgeted funds. Adopted by the City Council of the City of Mendota Heights this 4th day of September, 2012. CITY COUNCIL CITY OF MENDOTA HEIGHTS By __________________________ Sandra Krebsbach, Mayor ATTEST ____________________ Lorri Smith, City Clerk page 44 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2012- RESOLUTION APPROVING FINAL 2012 TAX LEVY FOR SPECIAL TAXING DISTRICT NO. 1 COLLECTIBLE IN 2013 WHEREAS, the City of Mendota Heights has, by Resolution No. 87-91, authorized the levy of taxes within Special Tax District No. 1 for the purpose of paying operating costs of the street lighting system established with said district; and WHEREAS, the City of Mendota Heights has determined that the sum of $48,000 will be required in 2013 for the purpose of paying such operating costs. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Mendota Heights adopt the following levy against all taxable property within said Special Taxing District No. 1. Operation and Maintenance costs $48,000 BE IT FURTHER RESOLVED, that any tax exempt property within said district be billed for services at a comparable rate computed on the assessor’s market value of such property. Adopted by the City Council of the City of Mendota Heights this 4th day of September, 2012. CITY COUNCIL CITY OF MENDOTA HEIGHTS By __________________________ Sandra Krebsbach, Mayor ATTEST ________________________ Lorri Smith, City Clerk page 45