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2015-10-06 Council PacketAL CITY OF MENDOTA HEIGHTS CITY COUNCIL AGENDA October 6, 2015 — 7:00 pm Mendota Heights City Hall 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Adopt Agenda 5. Consent Agenda a. Approval of September 15, 2015 City Council Minutes b. Acknowledgement of September 22, 2015 Planning Commission Minutes c. Acknowledgement of September 8, 2015 Parks and Recreation Minutes d. Approval of Annual Contribution to Mendota Heights Athletics Association e. Approval of Ordinance 487, Amend City Code Section 3-7-1 Concerning Criminal History Background Checks f. Approval of Resolution 2015-76, Support for Dakota County Designation of County State Aid Highway 31 (Pilot Knob Road) as a 10 -Ton County Highway g. Approval of Resolution 2015-77, Calling for a Public Hearing on the Partial Vacation of Perron Road Right -of -Way h. Approval of Resolution 2015-78, Providing for the Sale of General Obligation Bonds and the Refunding of General Obligation Bonds i. Approve of City Administrator Service Club Membership/Continuing Education Expenses j. Approve Purchase of a New Gate Operator at Public Works k. Approve Purchase of Computer Network Infrastructure I. Approval of Resolution 2015-75 Accept Donation for Patrick Memorial m. Receipt of August 2015 Fire Department Synopsis Report n. Receipt of August Par 3 Update o. Approval of Claims List p. Approval of Contractor List q. Approve Treasurer's Report 6. Public Comments 7. Presentations a. MOMS Club of Mendota Heights Proclamation 8. Public Hearing — None 9. New and Unfinished Business a. Resolution 2015-74 Wetlands Permit at 2190 Glen Toro Road, Planning Case 2015-36 b. Adoption of Omnibus Agreement Between the City of Mendota Heights and the Board of Water Commissioners for the City of Saint Paul c. City of Eagan Proposed Comprehensive Guide Plan Amendment: MVZ Ventures, LLC d. Discussion of Website Redesign 10. Community Announcements 11. Council Comments 12. Adjourn page 3 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, September 15, 2015 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 8:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Krebsbach called the meeting to order at 8:00 p.m. taking note that the start time was later due to recognition of Rosh Hashanah. Also present were Councilmembers Duggan, Povolny, Petschel, and Norton. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Krebsbach presented the agenda for adoption. Councilmember Povolny moved adoption of the agenda. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and approval. Councilmember Norton moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein, pulling items i) Approval of Revised Resolution 2015-50, modifying the original conditions of approval for a lot split and variance at 650 North Freeway Road. a. Approval of September 1, 2015 City Council Minutes b. Approval of September 1, 2015 City Council Workshop Minutes c. Approval of August Building Activity Report d. Approval of Personnel Action Report e. Authorization to Execute Purchase Order for Professional Services to Provide Land Survey and Geotechnical Services for the Mendota Road Neighborhood Improvements Project f. Approval of Resolution 2015-70, Amendment to Building Permit Fee Schedule for Projects in Excess of $1 Million g. Authorization of a Purchase Order to Replace the Hockey Rink Boards at Wentworth Park page 4 h. Approval of Bourn Lane Property Cleanup i. Approval of Revised Resolution 2015-50 Modifying Original Conditions of Approval j. Approval of Claims List k. Approval of Contractor List Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEM I) APPROVAL OF REVISED RESOLUTION 2015-50 MODIFYING ORIGINAL CONDITIONS OF APPROVAL Planner Nolan Wall explained that Resolution 2015-50, in support of a lot split and variance at 650 North Freeway Road, was approved at the July 7th City Council meeting. One of the conditions in that resolution required the proposed garage addition to be completed prior to the lot being split. The applicant is now requesting a revised condition that would allow construction of the proposed garage addition on the existing parcel and construction of the dwelling on the newly created parcel to occur simultaneously. Staff has proposed a modified condition that they feel allows reasonable flexibility in the construction schedule and the recording process and still accomplishes the intent of the original condition, which was to ensure that the proposed garage is constructed in compliance with their original approval. Councilmembers asked what would happen if the garage is never finished. Wall stated the Certificate of Occupancy would be withheld until the project was finished. Councilmember Duggan moved to adopt the revised RESOLUTION 2015-50 APPROVING A LOT SPLIT AND VARIANCE AT 650 NORTH FREEWAY ROAD. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS There were no public comments. PRESENTATIONS A) DAKOTA COUNTY UPDATE ON HIGHWAY 110 PEDESTRIAN CROSSING Public Works Director/City Engineer John Mazzitello explained that as part of the Mendota -Lebanon Hills Greenway Master Plan, Dakota County received a grant through the Metropolitan Council to construct a pedestrian crossing at Highway 110. He introduced Dakota County Project Manager Mr. Jacob Rezac to explain the options being reviewed for the separated grade trail crossing. page 5 Mr. Rezac gave a brief background on the project and reviewed the options that have been developed to date. At this time, Dakota County is going through an analysis of each option to select a preferred alignment location and a preferred crossing type. The county has developed three possible alignments for the trail crossing. The western alignment crossing, which is located near the intersection of Highway 110 and Dodd Road, would cross at a 90 -degree angle to Highway 110 and utilize an existing trail easement. This particular crossing would be fairly low cost because of the 90 -degree angle and the low amount of earthwork involved. This would be a box culvert or tunnel option (approximately 200 feet long). This option would provide good connections to existing and future trails and is the lowest estimated cost option. It would require acquisition of part of the McDonald's property and would have drainage and utility impacts. A similar option would be located just to the east of the intersection but the alignment would be skewed from Highway 110. It would utilize the existing easements and require property acquisition from McDonald's. The trail connection points are the same. This option would have lower base construction costs, and reduce the drainage and utility impacts, and also provide for good connections to existing trails. This option would have more design options available, which could be more costly but are safer for pedestrians. A third option would utilize a parcel that is owned by the Dodge Nature Center but is encumbered by a MnDOT easement. This option would not require any additional property acquisition and would have less drainage and utility impacts. This option is located to the east of the Dodd/Hwy 110 intersection, near Oak Street, and would offer more design choice flexibility. This option could provide the highest base construction costs. Councilmembers asked questions with regard to each option. An open house will be scheduled in mid-October so residents can review the options, ask questions, and provide feedback. All comments or concerns would be given to Dakota County for consideration. NEW AND UNFINISHED BUSINESS A) ADOPTION OF OMNIBUS AGREEMENT BETWEEN THE CITY OF MENDOTA HEIGHTS AND THE BOARD OF WATER COMMISSIONERS FOR THE CITY OF SAINT PAUL Mayor Krebsbach requested that the Council vote on this item at the October 6, 2015 Council meeting. This would give Councilmembers time to gather additional information. Public Works Director John Mazzitello gave a summary of the existing agreement with St. Paul Regional Water Service and a summary of the proposed agreement. The City of Mendota Heights has been under a contract with St. Paul Regional Water Service (SPWC) since 1995 and this agreement is set to expire at the end of the 2015. With existing agreement, the City of Mendota Heights owns the water distribution system, the hydrants, and the water tower itself. The page 6 city contracts with St. Paul Regional Water Service to provide the water to residents, and provide for emergency repairs to the system, inspection or completion of new replacement projects, and provide bills to the customers. Mendota Heights is responsible for routine maintenance, rehabilitation, and replacement of system components to include capital improvements. Because of this arrangement, St. Paul Regional Water Service charges Mendota Heights customers a rate 20% higher than residents of the city of St. Paul or other municipal partners. This surcharge money is used to fund their services in the way of emergency repairs, inspections, etc. The City of Mendota Heights also charges a 10% surcharge to gain revenue in the water utility fund, which is used for maintenance activities as well as rehabilitation and replacement projects. The Council has been meeting with St. Paul Regional Water Service regarding a new agreement. Through discussions, the City has come up with a draft agreement as outlined below. Residents and businesses would not see any difference in their level of service. • Mendota Heights would deed ownership of the water distribution system to St. Paul Regional Water Service. • City of Mendota Heights would be able to enter into a separate agreement with the other municipal partners to obtain one of two seats on the Board of Water Commissioners • St. Paul Regional Water would be responsible for all routine maintenance, emergency repairs, and capital improvements. • Mendota Heights would be responsible for painting the fire hydrants and making any adjustments to the water system that are not part of a St. Paul Regional Water plan (i.e. needing to replace valve cover castings for a mill and overlay project). • St. Paul Regional Water Service and Mendota Heights would be required to review capital projects at least once per year to coordinate their execution and time frames. • The 20% surcharge currently charged to Mendota Heights' customers would be scaled back over a seven-year period, with the seventh year being no surcharge. • Mendota Heights would retain ownership of the land that the water tower sits on; St. Paul Regional Water Service would own the tower itself. Mendota Heights would grant an access easement agreement over city property to access the water tower for maintenance. St. Paul Regional Water Service would allow Mendota Heights to continue to store material in the water tower. Also, as part of this agreement, no exterior modifications or alterations to the water tower would be completed without the prior permission of the City of Mendota Heights. • The City of Mendota Heights would collect 100% of the cell tower revenue from the water tower for the first six years. After six years, the revenue would be divided 50150. • St. Paul Regional Water Service would complete all quarterly billing. • Mendota Heights would be responsible for adjustments to the system (i.e. water casting). • The City of Mendota Heights would not be billed for water consumed for fire response or fire training. • Mendota Heights, if they choose to, can terminate this agreement and regain ownership of the water distribution system. The City would reimburse St. Paul Regional Water Service for the depreciated cost of capital improvements made to the system that are not listed in Exhibits A -D. The City of Mendota Heights would be reimbursed any funds collected by St. Paul Regional Water Service but not expended on capital improvements for those assets listed in Exhibits A -D. page 7 Mr. Matt Anfang, President of the Board of Water Commissioners, and Mr. Dave Wagner, Engineering Manager, were available to answer questions from the Council. Councilmember Povolny explained he is not comfortable with the agreement and his reasons for not supporting this initiative; however, he has no complaints on the quality of service provided. Mayor Krebsbach recommended that language be included in Article IV, stating that the City of Mendota Heights has the first right of refusal to buy back the system if it is ever sold for any reason. She asked about language in Article II and what happens to the easement at the tower site should St. Paul Regional Water Service sell the utility. In Article III Section 2, she asked what the payment for adjustments to the depths of any deficient mains identified in Exhibit B is for. Mr. Wagner explained that this cost would be paid for by the surcharge fee included on the bills. Councilmember Duggan asked about Article V Section 9, the inspection of house plumbing connections and the fees for these inspections. Public Works Director Mazzitello stated the inspections are for the service lines that connect the property to the main. This will be clarified in the agreement. Councilmember Duggan questioned language in Article X, first paragraph "the preservation, regulation, and protection of its water supply, including water waste, water conservation, sprinkling restrictions, and water use for air conditioning equipment". Mazzitello stated this means that St. Paul Regional Water Service can enforce conservation rules or water restrictions it feels are necessary. Regarding Article XI, Councilmember Duggan questioned if hydrant spacing was determined by St. Paul Regional Water Services. Mr. Wagner stated that any changes to the placement existing of hydrants or additional hydrants will be paid for by the City of Mendota Heights. He referred to Exhibit G which is attached to the agreement. Councilmember Duggan asked about Article XIII Section 5, how is the depreciation value determined. This information will be forwarded to the city staff. Councilmember Povolny questioned the map showing cast iron pipes in the area. Mr. Anfang displayed a map of the entire St. Paul Regional Water Service area which showed a ranking of the water mains and how likely they are to fail. Mr. Wagner stated the map was based on a recent study where the water mains were ranked based on a number of criteria. Councilmember Duggan noted the very small number of complaints received by St. Paul Regional Water Service and the wonderful quality of the water. Mayor Krebsbach requested that answers to any questions, or language that needs to be clarified in the agreement, be provided to Councilmembers before the October 6 meeting. Councilmember Duggan moved to table the ADOPTION OF OMNIBUS AGREEMENT BETWEEN THE CITY OF MENDOTA HEIGHTS AND THE BOARD OF WATER COMMISSIONERS FOR THE CITY OF SAINT PAUL to the October 6, 2015 City Council Meeting. Councilmember Petschel seconded the motion Ayes: 5 Nays: 0 page 8 B) RESOLUTIONS 2015-71, 2015-72, 2015-73 CERTIFICATION OF THE PRELIMINARY 2016 TAX LEVY AND BUDGET Finance Director Kristen Schabacker explained that staff began working on the 2016 preliminary budget in July 2015 and workshops were held with the City Council in August and September 2015. Different than previous years, the department heads prepared improvement packages for the Council's consideration. Most of these requests were for capital equipment and some requests for additional services. Half of the improvement packages are included in the 2016 preliminary budget. Adjustments have been made to the preliminary budget: • Tuition requests capped at $3,000 for 2016 • City contribution to firefighter pension amounts was increased to $3,000 per firefighter per year • In 2015 there was a police patrol position that was included in the budget; however, that position was not included in the 2016 preliminary budget • A request for a 2.5 ton dump truck for the street department is included with equipment certificates to be issued this fall, to be included with the bond for the street improvements. That bond request will come to the Council at the next meeting. • The budget includes an increase in workers compensation and a 2% cost of living increase for employees • The City's contribution towards employee health insurance remained at the same level. Director Schabacker explained that the 2016 preliminary levy represents a 5.95% increase from 2015, approximately $416,000 more. Included in the packet is an analysis for what the residents would see as far as their portion of the City's property tax with this levy. A home valued at $500,000 for 2016 would see an increase in the city portion of their property taxes of approximately $93.00. A home valued at $225,000 in 2016 would see an increase in the city portion of their property taxes of approximately $42.00. Councilmember Povolny noted that this is only the city tax and does not include the county, the school district, or any other taxing entity. Director Schabacker explained that once the preliminary levy is approved, it would be certified to Dakota County. After that point, the levy cannot be increased, however, it could be decreased if the Council desired. Mayor Krebsbach noted that this is a very tight budget and even at a less than 6% levy increase, things have had to be cut out. The City has decided to not hire an additional police officer. She noted the City will see over $7 million; however, there is another $1.8 million that comes out of the City's taxes that the City does not see. This amount goes into the state fiscal disparities fund. Mayor Krebsbach stated that one of the reasons the Council is considering the transfer of the water system is because if there should be a major breakage, the City does not have a large reserve to go to. The reserve has been kept at 75% to keep a high bond rating. She noted that a workshop will be held later this year to look at the City's revenue sources and what types of expenses can be pulled back on. page 9 Councilmembers asked questions regarding the `Fiscal Disparities Contribution'. City Administrator Mark McNeill explained that some cities are required to pay into the fiscal disparities fund. He stated that Mayor Krebsbach is recommending to the state representatives that a cap be put on the fiscal disparities amount for cities with a population under 15,000. Councilmember Povolny moved to adopt RESOLUTIONS 2015-71, 2015-72, 2015-73, CERTIFICATION OF THE PRELIMINARY 2016 TAX LEVY AND BUDGET. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 C) ORDINANCE 477 CONCERNING TRADE SCHOOL DEFINITION, PLANNING CASE 2015-14 Planner Nolan Wall explained that the City is considering an amendment to Title 12, Chapter 1, Article B, Section 2 of the City Code, concerning the definition of a trade school. The City has been approached with several requests to establish different types of educational facilities within the industrial district. To clarify the city's interpretation of the existing definition, this amendment is being proposed. The original definition in the code read: TRADE SCHOOL: An educational institution, either private or public, which offers classes and training to full and/or part time students including, but not limited to, technical, mechanical, services and computing fields. The proposed amendment to the definition, as it was sent to the Planning Commission, read: TRADE SCHOOL: An privately -owned, post -secondary, skill -based educational institution, either- private a ptiblie, which offers elms completion programs that issue certificates, diplomas, and demand certified training to full and/or part time students including, but not limited to, technical, mechanical, services and computing fields. The Planning Commission recommended the definition read as follows: TRADE SCHOOL: An post- secondary, skill -based educational institution, , which offers completion Programs that issue certificates, degrees, or elasses-zan certified training to full and/or part time students inelu ing, W4 net limite *^, such as those in technical, mechanical, services and computing fields. Mayor Krebsbach expressed her desire to remove `Trade School' as a definition and permitted use in the Industrial District. City Attorney Tom Lehmann noted that to make such a substantive change to the Ordinance would require that it go back to the Planning Commission. Mayor Krebsbach moved to adopt the amended definition as it was originally presented to the Planning Commission. Councilmember Norton seconded the motion. Councilmembers asked for an explanation of the nuances of the Planning Commission in making their amendments to the suggested definition. Planner Wall stated the Planning Commission felt that both public and private post -secondary schools should be included in the definition since that language is in the current ordinance. page 10 After continued discussion regarding the motion on the table, Councilmember Norton withdrew his second of the motion. Councilmember Norton moved to approve ORDINANCE 477, AN ORDINANCE AMENDING TITLE 12 -IB -2 OF THE CITY CODE CONCERNING TRADE SCHOOLS with the definition as proposed by the Planning Commission. Councilmember Petschel seconded the motion. Mayor Krebsbach noted that she would not vote in favor of this motion and requested that in the City's planning process they look at removing `Trade Schools' as a permitted use in the Industrial District. Councilmember Duggan suggested removing the term `completion' and the term `services' from the ordinance. Councilmember Norton amended his motion to include removing the word "completion" from the definition; Councilmember Petschel seconded the amended motion. Ayes: 4 Nays: 1 (Krebsbach) D) ORDINANCE 485 CONCERNING ALTERNATIVE ENERGY SYSTEMS, PLANNING CASE 2015-34 Planner Nolan Wall explained that the City was considering amendments to Title 12, Chapter 1, Articles B, D, and E of the City Code concerning alternative energy systems. Currently there are no standards in place for alternative energy systems in the Code. Ordinance 485 would create a new section in the Code and provide standards for solar energy systems. Additional sections could then be added as necessary in the future to address ground source heat pumps, wind energy systems, and any other technology that arises in the future. The intention now is to only deal with solar energy systems. The proposed ordinance would ensure that consistent standards are in place to encourage sustainable practices that staff feels do not have any adverse impacts on the community. The Planning Commission recommended approval of Ordinance 485; however, they were unsure if the proposed use should be considered a permitted use or a conditional use. Planner Wall briefly highlighted the proposed standards. Councilmembers asked questions regarding the different types of solar systems and solar gardens. They discussed that this should be a conditional use (requires public notice and requires a public hearing) for now. Councilmember Duggan moved to adopt ORDINANCE NO. 485 AMENDING TITLE 12, CHAPTER 1, ARTICLES B, D, & E OF THE CITY CODE CONCERNING ALTERNATIVE ENERGY SYSTEMS with the additional language that this be a conditional use. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 page II COMMUNITY ANNOUNCEMENTS Assistant to the City Administrator Tamara Schutta made the following announcements: • The fall edition of the Heights Highlights has been delivered to residents. • Pickleball courts are now ready to use. Residents can request use of the city's racquets and balls from the city hall. • The 2015 Halloween Bonfire is scheduled for October 31 at 7:00 pm. Information will be posted on the City's website. Brush will be collected through October 29 for the bonfire. • A neighborhood meeting is scheduled for September 28 at 6:30 pm at City Hall to talk about the 2016 Mendota Road and Warrior Drive street reconstruction project. • Lilydale is having their 5th Annual Lily Daze Festival on September 20 at Lilydale City Hall • Residents can recycle computers, paint, batteries, coffee makers, and other items on Saturday, October 3 at the Burnsville Maintenance Facility at no cost. COUNCIL COMMENTS Councilmember Norton wished a Happy New Year to the Jewish residents. Councilmember Duggan noted a photograph he brought in of the 175th Anniversary of St. Peters Church. He also expressed congratulations to the City of Eagan on the Viking's acquisition of land in their area. Traffic on Dodd Road and Highway 149 is anticipated to be significant and the City of Mendota Heights should have some input in how the traffic would be handled. Mayor Krebsbach noted the passing of Thelma Hunter, a long-term Mendota Heights resident and patron of the arts. ADJOURN Councilmember Duggan moved to adjourn. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 Mayor Krebsbach adjourned the meeting at 10:26 p.m. Sandra Krebsbach Mayor ATTEST: Lorri Smith City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 page 12 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSON MINUTES September 22, 2015 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, September 22, 2015 in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. The following Commissioners were present: Chair Litton Field, Jr., Commissioners Michael Noonan, Doug Hennes, Mary Magnuson, Christine Costello and Ansis Viksnins. Those absent: Howard Roston. Others present were City Planner Nolan Wall and Public Works Director/City Engineer John Mazzitello. Approval ofA,-enda The agenda was approved as submitted. Approval of August 25, 2015 Minutes Chair Field noted a minor proposed amendment concerning an incorrect case number reference on page 5, line 227 of the DRAFT minutes. COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER MAGNUSON, TO APPROVE THE MINUTES OF AUGUST 25, 2015 AS AMENDED. AYES: 6 NAYS: 0 ABSENT:1 Hearings PLANNING CASE #2015-36 AMEK Custom Builders, LLC, 2190 Glen Toro Road Wetlands Permit City Planner Nolan Wall explained that AMEK Customer Builders, LLC was seeking a Wetlands Permit to construct a new single family dwelling on the parcel located at 2190 Glen Toro Road. He shared an image of the Glen Toro 2nd Addition Plat and noted that the City approved the Planned Unit Development (PUD), Preliminary and Final Plat, and Development Agreement for the development in 1998. The development consists of nine lots, five of which have been developed and another lot currently under construction. Recently, the Planning Commission processed a wetlands permit for construction on a separate lot within the development due to the 100 -foot buffer from the same wetland in -question. The original PUD approval and subsequent amendments did not address the incorporation of a city -issued page 13 47 wetlands permits due to the fact that the wetland on the subject parcel was not identified on the 48 city's official wetlands map. That map was updated in 2006, at which time the wetland was 49 identified. 50 51 Council did approve a Planned Unit Development amendment to allow reduced setbacks on several 52 lots in the development in 2002. Specific to the subject parcel, a 10 -foot side yard setback was 53 approved to allow for preservation of existing trees near the wetland and that building pad would 54 be able to be located as far as possible away from those overhead power lines. 55 56 As part of the PUD process development on the subject parcel was described in great detail by the 57 project architect. No record of conditions related to the wetland in question appears to have been 58 included. Vegetation removal and construction of a proposed patio, porch, and retaining wall and 59 portions of the dwelling will be located within 25 feet of the wetland. City policy generally 60 restricts clearing and grading within such a distance and that is in order to provide for a vegetative 61 buffer. It has been incorporated as conditions since 2009, which is when the policy was adopted. 62 Since the previously approved PUD does precede this policy, staff is not proposing that as a 63 condition in this case. 64 65 Drainage in this area is collected into a man-made pond northwest of the development. The outlot 66 pond is then connected to the wetland on the subject parcel by a culvert under the road, which then 67 also has an emergency outflow to Huber Drive. The engineering department has reviewed the 68 proposed plans and determined that construction on the subject parcel will not negatively impact 69 the developments to the existing drainage system. 70 71 As part of this process, the City did require an updated wetland delineation that was provided to 72 determine the location of the eastern boundary closest to the proposed dwelling. The delineation 73 confirmation is consistent with the original delineation shown on the plat. Therefore, it has been 74 determined that the existing drainage and utility easement is adequate. 75 76 According to the applicant, underbrush and five significant mature trees would be removed within 77 the building pad area and several significant trees will be preserved within the entire wetland buffer 78 area. 79 80 Due to the 100 -foot wetland buffer encompassing the entire proposed building pad, staff has 81 included a condition of approval requiring a landscape plan be submitted for review and approval 82 by staff. It is understood that this plan would be completed by next week; however, to ensure its 83 approval prior to next spring, staff further proposed an amendment to that specific condition that 84 the plan be approved by April 1, 2016. 85 86 Planner Wall noted an email submitted as a part of the public comments that was included in the 87 Planning Commission packet and that the concern had been addressed within the staff report. 88 89 Staff recommended approval of this wetlands permit request with conditions. 90 page 14 91 Commissioners asked questions regarding where the proposed home would be located on the lot, 92 any setback issues, confirmation that the lot is not buildable without encroaching into the 100 -foot 93 buffer, and the overflow issues raised by the neighbor across the street. 94 95 Mr. Andrew Schmidt of AMEK Custom Builders, LLC was in attendance to answer questions or 96 make comments. 97 98 Commissioners asked additional questions regarding how AMEK Custom Builders would protect 99 the wetland during construction, how any disturbed areas would be restored after construction, and 100 steps being taken to protect the house from any potential flooding. 101 102 Chair Field opened the public hearing. 103 104 Seeing no one coming forward Chair Field asked for a motion to close the public hearing. 105 106 COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER NOONAN, TO 107 CLOSE THE PUBLIC HEARING. 108 109 AYES:6 110 NAYS: 0 111 ABSENT:I 112 113 COMMISSIONER HENNES MOVED, SECONDED BY COMMISSIONER COSTELLO, TO 114 RECOMMEND APPROVAL OF PLANNING CASE 2015-36, WETLANDS PERMIT AT 2190 115 GLEN TORO ROAD BASED ON THE FOLLOWING FINDINGS OF FACT: 116 1. The proposed project complies with the previously approved Conditional Use Permit for a 117 Planned Unit Development, including subsequent amendments. 118 2. The proposed project meets the purpose and intent of the Wetlands Systems Chapter of the 119 City Code and will not negatively impact the development's existing drainage system. 120 3. Construction -related activities within the 25 -foot non -disturb buffer area will be limited to 121 what is essential for construction of the proposed project. 122 4. Adequate erosion control measures will be observed during construction. 123 5. A landscape plan, completed by a registered professional, is required to be reviewed and 124 approved by the Planning and Engineering Departments to ensure appropriate buffer 125 vegetation is established in accordance with city policies. 126 AND WITH THE FOLLOWING CONDITIONS: 127 1. A landscape plan, prepared and signed by a qualified professional, is submitted for review 128 and approval by the Planning and Engineering Departments by April 1, 2016. 129 2. The delineated wetland boundary is clearly marked and vegetation removal and 130 construction activities are prohibited within this area. 131 3. Building and grading permits are obtained from the City prior to construction. 132 4. All grading and construction activity will be in compliance with applicable federal, state, 133 and local regulations and codes, as well as in compliance with the City's Land Disturbance 134 Guidance Document. 135 136 page 15 137 AYES:6 138 NAYS:0 139 ABSENT:1 140 141 Chair Field advised the City Council would consider this application at its October 6, 2015 142 meeting. 143 144 City of Eagan Proposed Comprehensive Guide Plan Amendment: MVZ Ventures, LLC 145 146 Planner Nolan Wall explained that staff received an agency response request from the City of 147 Eagan to change the land use designation of approximately 194 acres located in the far northeast 148 corner of the City of Eagan — south of I-494, east of Lone Oak Parkway, and west of Ames 149 Crossing. The current land use designation is as Special Area — Major Office; the proposed 150 comprehensive guide plan would be to change that use to Special Area — Mixed Use. This property 151 has been purchased by the Minnesota Vikings with the intent to be used primarily as their new 152 headquarters and training facility, with some additional development associated with that in 153 multiple phases. 154 155 Due to the subject parcel's proximity to the City of Mendota Heights and based on past discussions 156 on potential impacts of future development in this area, staff has brought forward this request for 157 review and potential comments from the Planning Commission. This is an initial step in the review 158 process. Planner Wall also provided the commissioners a copy of the City of Eagan's staff report 159 on this matter. This topic was on the City of Eagan's Planning Commission agenda on September 160 21 [last night] and was just received. Staff has not had an opportunity to do a full analysis to 161 respond to their request for feedback; however, the timeline is such that staff felt it should be 162 brought forward to the Commission for comments. 163 164 As indicated, this is the initial step in the comprehensive plan guidance amendment and would 165 need to be subject to Metropolitan Council approval. There is also a number of steps that this 166 potential process has to go through at the City of Eagan, which includes rezoning, subdivision, and 167 planned unit development approvals and environmental review — which would include a traffic 168 analysis to determine if any Environmental Impact Statement (EIS) would be required. 169 170 Planner Wall noted that the City of Eagan's Planning Commission did recommend approval and 171 would be forwarded on to their City Council for their review at their October 6, 2015 meeting. 172 173 Staff recommended that the Planning Commission review the information and provide comments 174 that they would like staff to consider for providing a response to the City of Eagan. 175 176 Maps provided in the information packet included a location map, current land use map, proposed 177 land use map, and a site concept sketch. 178 179 Commissioners asked questions and made comments regarding increased density and the impacts 180 that would impose on traffic and environment, inclusion of a residential component that was not 181 in the original land use map, addition of I-494 exits, other localities being requested to provide 182 response, needing additional information to make informed responses regarding traffic, the short page 16 183 amount of time to respond, and if the Metropolitan Council would do a neighboring municipality 184 circulation asking for formal comments. 185 186 Planner Wall summarized the potential response on this matter based on the Commission's 187 discussion as being concerned about the traffic impacts as a result of the proposed increased 188 density of the fully -developed site on north -south connections into Mendota Heights. 189 190 Verbal Review 191 192 Planner Wall gave the following verbal review: 193 194 PLANNING CASE #2015-14 195 City of Mendota Heights 196 Code Amendment regarding Trade School Definition 197 Approved by the City Council as recommended by the Planning Commission 198 199 PLANNING CASE #2015-26 200 Robert Alvarez, 1176 Ivy Hill Road 201 Variance Request for a Deck 202 Approved by the City Council as recommended by the Planning Commission 203 204 PLANNING CASE #2015-31 205 Joe Juliette, 1920 Glenhill Road 206 Critical Area Permit 207 Approved by the City Council as recommended by the Planning Commission 208 209 PLANNING CASE #2015-32 210 HD Supply Construction & Industrial, 1400 Commerce Drive 211 Conditional Use Permit and Variances Request for expanded outdoor storage 212 Approved by the City Council as recommended by the Planning Commission 213 214 Announcements 215 216 • Joint Meeting of the Planning Commission and the City Council has been scheduled for 217 October 29 at 5:00 pm — workshop format to discuss the Redevelopment Plan for the 218 Industrial District — approximately two hours. 219 • Dakota County is proposing a grade -separated pedestrian crossing of Highway 110 in 220 conjunction with development of the Mendota/Lebanon Hills Greenway Project and 221 Master Plan. An open house is scheduled for October 21 at 6:30 pm at Teresa's. Public 222 can come and look at the concept plans and offer comments before Dakota County makes 223 formal recommendation to the County Board. 224 • Another MnDOT project is Dodd Road/State Trunk Highway 149 rehabilitation scheduled 225 for 2018 (full pavement replacement, curb replacements, drainage improvements, and trail 226 improvements. Open house is scheduled for October 1 at 5:00 pm at Teresa's. 227 • Victoria Road Reconstruction is slightly behind schedule due to rain. The assessment 228 hearing has been moved back to October 20. page 17 229 • The 2016 Reconstruction Project (Mendota Road /Warrior Drive) neighborhood meeting 230 is scheduled for September 28 from 6:30 pm to 8:00 pm at City Hall. 231 • Marie Avenue has been restriped with turn lanes, arrows, and crosswalks. 232 • Highway 13 Project — the necessary replacement of a force main by the Metropolitan 233 Council pushed this project back three to five weeks. Anticipated completion date is 234 October 7, 2015. 235 236 Adiournment 237 238 COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER HENNES, TO 239 ADJOURN THE MEETING AT 7:45 P.M. 240 241 AYES:6 242 NAYS:0 243 ABSENT:1 0 page 18 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PARKS AND RECREATION MEETING September 8, 2015 The September meeting of the Mendota Heights Parks and Recreation Commission was held on Tuesday, September 8, 2015 at Mendota Heights City Hall, 1101 Victoria Curve. Vice -Chair Paper called to order the parks and recreation commission meeting at 6:30 p.m. The following commissioners were present: Vice -Chair Paper, Commissioners: Ira Kip, Stephanie Levine, Michael Toth, David Miller, and Student Representatives Joe Quehl and Rachel Farber. Staff present: Recreation Programmer Sloan Wallgren. Approval of Agenda Commissioner Levine aske to have the issue of becoming a pollinator friendly city be added to the agenda. COMMISSIONER LEVINE MADE A MOTION TO APPROVE THE AGENDA; COMMISSIONER MILLER SECONDED THE MOTION. AYES 5: NAYS 0 Approval of Minutes from August 11, 2015 COMMISSIONER LEVINE MADE A MOTION TO APPROVE THE MINUTES FROM THE August 11, 2015 MEETING; COMMISSIONER TOTH SECONDED THE MOTION. AYES 5: NAYS 0 Kensington Park Activity Mr. Wallgren informed the commission that he had received several emails and phone calls from neighbors in the Kensington Park area. The neighbors were concerned with traffic and the number of cars parked on the street from the users of the soccer fields. Mr. Wallgren informed the commission that the Mendota Heights Athletic Association began their soccer program on August 10, 2015 and the program will conclude on October 10, 2015. The association uses the fields Monday through Thursday from 6:OOPM to 7:30PM and on Saturdays from 8:OOAM to 4:OOPM. Mrs. Claire Hayes lives right next to the park and spoke of her concerns for the safety of kids in the neighborhood and those walking on the streets to and from their cars. Mrs. Hayes would like to see a capacity for users of the fields. The commission discussed this topic to great length and agreed that they were concerned with the crowded streets and traffic. The commission asked staff to work with the Mendota Heights Athletic Association for next year to spread the program around to smaller parks in the city to help reduce the traffic issues. page 19 Park Bench Donation Mr. Wallgren informed the commission that Mr. Roland Flynn would like to donate a park bench in honor of his late wife. He wishes to have the bench located along our trail system somewhere near his home. Mr. Wallgren stated that Mr. Flynn has submitted a Park Bench Donation Application along with a check for $1,000.00. Staff will work with Mr. Flynn to find an agreeable location for the bench to be placed. Recreational Fires at Hockey Rinks Mr. Wallgren said that he has received several requests for there to be outdoor fire places at the hockey rinks for people to use during the winter months. The commission discussed the idea and thought it would be a great idea. Mr. Wallgren said that he still needs to talk with the Fire Inspector and Fire Chief to see if this would be possible. In the meantime he will do some research and find some options if this moves forward. Pollinator Friendly City Commissioner Levine presented the idea of the city becoming a pollinator friendly city. She encouraged the city council to become a pollinator friendly city, and if we did we would be the first in ones in Dakota County. Being a pollinator friendly city would mean that we would encourage people not to use insecticides or pesticides and encourage residents to plant pollinator friendly planting when they are putting in new plants. Mr. Wallgren said that he would look into this and work with the Public Works Director to see if this would be possible. Par 3 Report Mr. Wallgren presented the golf course report for the month of July. The course is having a great year financially and the course conditions are excellent. Footgolf still continues to bring new customers to our course and city. Net revenue for the year after July was a profit of $28,137.00. Mr. Wallgren stated that there were a few small maintenance projects that staff would work on this fall to improve the course for next season. Commission Comments Commissioner Kipp thanked the residents form the Kensington neighborhood for attending. Commissioner Levine encouraged people to use pollinator friendly practices at home. Commissioner Miller also thanked the residents from the Kensington neighborhood for attending the meeting. Commissioner Toth thought it was a good meeting and also thanked the residents for attending tonight's meeting. Vice -Chair Paper was glad to see the golf course doing great and was glad to see that MHAA has great participation and thanked the residents for attending and sharing their concerns. COMMISSIONER PAPER TOTH A MOTION TO ADJURN THE MEETING. COMMISSIONER MILLER SECONED THE MOTION. AYES 5: NAYS 0 The meeting adjourned at 8:00 p.m. Respectfully Submitted by Sloan Wallgren page 20 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.rnendota-hei ghts.corn s � CITY OF MENDOTA HEIGHTS DATE: October 6, 2015 TO: Mayor, City Council and City Administrator FROM: Tamara Schutta, Assistant to the City Administrator/HR Coordinator SUBJECT: Mendota Heights Athletic Association Annual Contribution BACKGROUND Every year the City of Mendota Heights budgets $10,000 as a contribution to the Mendota Heights Athletic Association (MHAA). For the past several years, the city has requested that MHAA provide information relating to their operations, including a breakdown of the percentage of their players who are from Mendota Heights, documentation of coaches training, and confirmation of taxes being filed. Attached to this memo is their report outlining the requested information. BUDGETIMPACT The $10,000 contribution is a budgeted expense in the 2015 budget. RECOMMENDATION If council desires, a motion to approve a payment of $10,000 to the Mendota Heights Athletic Association would be in order. Approval of this action requires a majority vote of the city council. page 21 MHAA Basketball 2015-16 9.14.15 REC, IN -House, Traveling 2014-15 2015-16, 2015-16 Actual Est. Players Budget Actual Revenue Revenue Recreation Kindergarten 25 $ Registrations Rec & In -House $ 28,795 $ 28,600 Registrations Traveling $ 27,000 $ 24,750 Registration Tourney Teams $ 4,080 $ 4,000 Late Fees 30 $ 140 $ Total Revenues $ 59,875 $ 57,350 $ 4,500 In -House 7-8 Grade Boys/Girls 10 $ Expenses $ 1,800 Traveling 55 Equipment $ 2,818 $ 2,800 Uniforms $ 12,202 $ 12,000 Tournament Registration (Traveling) $ 13,025 $ 13,000 Tournament Registration (Tourney Teams) $ 2,400 $ 2,400 Referees $ 2,660 $ 3,000 On Site Saturday Student Help $ 300 $ 300 Refunds $ 955 $ 500 Trophies $ 1,179 $ 1,200 5-8 Grade Maplewood League $ 442 $ 500 Facility Rental $ 12,988 $ 14,000 Online Fee $ 2,000 $ 2,000 Admin Fee ($25/player) $ 7,275 $ 7,000 Total Expenses $ 58,244 $ 58,700 Rollover from 2014-15 $ 1,192 BALANCE $ 1,631 $ (158) Basis for Estimates 2015-16 Est. Players Fee Revenue Recreation Kindergarten 25 $ 70 $ 1,750 Recreation 1-2 Girls & Boys 75 $ 90 $ 6,750 In -House 3-4 Grbde Boys 60 $ 160 $ 9,600 In -House 3-4 Grade Girls 30 $ 140 $ 4,200 In -House 5-6 Grade Boys/Girls 25 $ 180 $ 4,500 In -House 7-8 Grade Boys/Girls 10 $ 180 $ 1,800 Traveling 55 $ 450 $ 24,750 Total 280 $ 53,350 page 22 Mendota Heights Compliance Chart For Youth Athletic Associations Utilizing City Facilities Date: 9/24/2015 Mendota Heights Athletic Association Non -Profit Status verified: Yes, See attached. Bylaws provided: Yes, Bylaws are available on the MHAA website. Publicized Meetings Verified: Yes, Meeting schedule is available on the MHAA website. Annual Financial Statement provided: Yes, Attached is 2012.Granted extension for 2013. Notes: 2015 Taxes were completed by John Trudeau & Co. Pa, Lake Elmo, MN. 651-774-8785. *Coaches trained in concussion only. Rosters for all sports saved and available upon request. Soccer training manuals available on website. Code of Conduct contained in Bylaws. Football coaches are "Heads Up" trained. Reviewed By: N L V) v v O v U L o `" U Ln Ln °C a o 4J L v v° UA v •Y v— (6 .0 a U o Q }.i 1 L U •F M M U N U v Q M o 3 v a 2i N 2 O U O M U CD -C U L CL Q Ln (B a O U u fu Baseball—Travelling Yes 50% Yes* Yes Yes Yes Baseball — In House Yes 52% Yes * Yes Yes Yes Basketball—Travel Yes 49% Yes * Yes Yes Yes Basketball — In -House Yes 45% Yes * Yes Yes Yes Football Fall 3013 Yes 47% Yes * Yes Yes Yes Soccer — Ages 4-5 Yes 71% Yes Yes Yes Yes Soccer — Girls Grades 1-6 Yes 57% Yes Yes Yes Yes Soccer— Boys Grades 1-6 Yes 52% Yes Yes Yes Yes Softball — Travelling Yes 53% Yes* Yes Yes Yes Softball — In House Yes 54% Yes * Yes Yes Yes Lacrosse Yes 60% Yes * Yes Yes Yes Notes: 2015 Taxes were completed by John Trudeau & Co. Pa, Lake Elmo, MN. 651-774-8785. *Coaches trained in concussion only. Rosters for all sports saved and available upon request. Soccer training manuals available on website. Code of Conduct contained in Bylaws. Football coaches are "Heads Up" trained. Reviewed By: page 23 M H AA Buisness Registation Fees $25.00 Accounting Fees $1,047.50 Intuit Payroll $121.00 Intuit Quickbooks $535.37 PO Box, Postage, Mailings $439.83 Printing Copier Supplies $151.00 Tax Forms $86.61 Godaddy email, Website $1,795.58 Insurance Liability D and O $12,490.85 Executive Director Salary $10,443.63 Board Credit $1,755.00 Concession Stand Workers $2,500.00 Payroll Taxes $4,298.35 $35,689.72 Bylaws of the Mendota Heights Athletic Association 01/13/2014 ARTICLE GENERAL PROVISIONS 1.01 Name The name of this corporation is Mendota Heights Athletic Association, hereinafter referred to as K8HAA, e dub [aQ|etened nonprofit corporation operating in the State ofMinnesota. K8HAArecognizes our local ISD 197public high school Henry Sibley byusing its nickname and colors. 1.02 Business Address The official business address for the MHAAio1670South Robert, #3O.West Saint Paul, Minnesota 55118 1.03 Purpose The purpose of K8HAA is to conduct and operate Recreation, In House and Traveling sdh|aUc programs for eligible children in the community served by the K8HAA as defined in Article |||. K8HAA desires that all players in all epode programs receive onopportunity todevelop their skills and further their enjoyment of the game. Thonefone.these athletic programs shall: n\strive tocreate ahealthy environment where kids can learn, grow, oonnoste and enjoytheir experience � teach the b�icfundoma�meofUea��d eachan opportunity todevelop individual skills and appropriate team skills o\provide oppo�UU0eotokids otvohouoages, level ofekiUand obi|hvso that each participant can compete against and with players ofsimilar age and skill d\encourage and allow all participants topartake inall practices, tryouts, clinics, games and other sponsored activities e)allocate playing time inomanner that all kids feel included and are able togrow and enjoy thairK8HAAexpehenoe. Certain sports may have policies or processes to aid in this effort and playing time will vary from Recreation to|nHouse toTraveling. f)i emphasize good sportsmanship and a spirit of fair play in all practices, tryouto, dinioa, gornea and other activities. 1.04 Affiliation The K8HAA may enter into affiliation agreements with the local, regiono|, state or national governing associations for o particular sport. As on affiliate, K8HAA is subject to the nona1itubon, by|avvs, ru|eg, policies and procedures of the governing association. Bylaws of the Mendota Heights Athletic Association 01/13/2014 1.06 Nondiscrimination The K8HAAdoes not discriminate onthe basis ofrace, color, creed, religion, national origin, sex, marital etatua, sexual ohantoton, orstatus with regards to public assistance, disability or age. ARTICLE 11 2.01 Voting Membership. Voting membership in MHAA is limited to the parents or legal guardians of the children who are eligible toparticipate under Article III and who have formally applied toparticipate inthe sport programs conducted bvK8HAA. The parents of each eligible child have one (1) family vote for: sA all business conducted edthe Annual General Meeting b) the election of officers and at -large representatives Membership shall begin onthe date of your registration for the first sport of the current year and shall terminate onMarch 31of the following year. 2.02 Corporate Sponsors Corporate Sponsorship is available to any business entity wishing to provide financial o[iDkind support tothe K8HAA. Corporate sponsors shall receive prominent acknowledgment in all MHAA publications and web site and shall be listed on the MHAA preferred vendor list for the procurement of equipment, uniforms, supplies orother purchased products. Corporate sponsors will not have voting, orother rights orbenefits except those noted above. The Board of Directors may at any time decide not to except a sponsorship or to determine the proper allocation ofsuch sponsorship 2.038OemnbenmhYp Responsibility /U|rne[n�ofthe K0HAAagree that they will support the purpose, the policies and the philosophy of the sport programs sponsored by MHAA. 2.04 Voluntary member may withdraw from membership inMHAAotany time bvsubmitting o letter stating their termination ofmembership tothe Board of Directors. The letter shall be presented at the next regular board meeting and shall be accepted by the Board ofDirectors effective 000fthat date. 2.05 Involuntary Termination Amombe*whose conduct has been determined to be detrimental to the operation of MHAA; is contrary to the expressed purpose of the Association, or is in violation of any po|ioy, rU|ao, orother regulations as set forth in an affiliation agreement between K8HAAond m sports governing association, may have his or 2 Bylaws of the Mendota Heights Athletic Association 01/13/2014 her membership terminated byotwo-thirds vote of the MHAABoard of Directors after notice and hearing. The terminated and his orher eligible o|Ryers. shall not beeligible to participate in any capacity inthe K0HAA sport programs. The terminated member may petition the Board ofDirectors for reinstatement six �A months from the date ofmembership termination, provided the tornlinated ' �rnbarhaotakgntheneoemoaryaotiontonornectornannadytheaotion.o[ actions, that Faou|tod in the termination of membership. 2.06 Membership Fee There shallbe anannual membership fee for each person which shall be set annually bythe Board ofDirectors. The voting membership fee iedue and payable sdthe time of registration for the first sport that the eligible child participates induring the year. Non-voting fees are due onApril 1. The annual membership fee is non-refundable. ARTICLE III ELIGIBILITY 3.01 Recreation and In House Player Eligibility The N1HAA Recreation and In House programs are open to any child residing in, or attending a school within, Independent School District No. 197 UGO No. 1971. which includes the cities and townships ofWest St. Paul, Mendota Heights, Mendota, Lilydale, Sunfish Lake, and parts of Inver Grove Heights and Eagan. 3.02 Traveling Player Eligibility The 8HAATraveling programs are open, unless prohibitedbvanaffiliation agreement between MHAA and that particular sports governing association, to any child residing in, or attending o school within, the |GU No. 197. which includes the cities and townships of West St. Paul, Mendota Heights, Mendota, Li|vde|e.8un�ohLake, and pe�sofInver Grove Heights and Eagan. In cases vx'anaroster spots are open and owaiver has been signed byanother oomnounih/ooeoniotion.non-district 1S7members may participate. 3.03 Eligibility Past Players All playersregisteredoonoenlberoofK0HAAduhnQapho[oeagonarecAiQiNeto play oan K8team inthe future regardless of residence unless prohibited by an affiliatibn agreement between MHAA and that particular sports governing association. 3'04 Solicitation /Recruiting MHAA, its officers, commissioners, league directors, coaches or other persons associated with an MHAA sports program, shall not engage in the solicitation of, oractive recruiting of, players from any city ortownship outside ofthe ISD No. 197 boundaries, or from a city or township within the ISD No. 197 boundaries that offers a similar sports program during the same season as the MHAA sports ' program. Bylaws of the Mendota Heights Athletic Association 01/13/2014 3.05 Waiver The K8HAAdesires bzhave all ofits eligible players participate within the K8HAA sports programs. An eligible player may request permission to participate in another community's athletic association sports program provided that such sports program is operated under an affiliation or other governing agreement that has established specific boundary limits. The N1HAAshall have owritten procedure togovern how such requests are acted upon bvthe KUHAA. The MHAA may also accept waivers from other associations if there is space on a roster and providing all participants meeting the requirements of rule 3.01 are provided mDopportunity. ARTICLE IV BOARD OF DIRECTORS 4.01 Board to Manage The business of MHAA shall be managed by or under the direction of the Board - of DiFectono, subject to the rights of the nnonnbero as provided in these Bv|ovvo. Members of the Board of Directors are expected to attend and participate in all rnootiDQn. The Board of Directors may hire full or part-time e[np|oyeea, may engage contractors for professional or temporary services, and may authorize volunteers tomanage various aspects ofK8HAAbusiness. The employees, contractors or volunteers shall be under the supervision of the President, or his orher designated supervisor. 4.02 Composition . The Board of Directors shall include the Officers, Members at -Large, and the Commissioners ofthe individual sports programs. All members ofthe Board of Directors are entitled to vote in all matters before the board, except as limited in section 4.09 (Election of Commissioners) and section 4.15 (Conflict of|nteresU. 4.03 Manner of Acting Except aootherwise provided inMinn. Gtat..Chapter 317A.the Board of Directors shall take action by the affirmative vote of majority of directors present edoduly held meeting. 4.04Presumption mf Assent A director, who is present at a meeting of the Board of Directors when an action iaapproved bythe affirmative vote ofomajority ofthedirectonepresent.ie presumed to have assented to the action approved, unless the director objects at the beginning of the meeting to the transaction of business because the meeting is not lawfully called or convened and does not participate thereafter in the nneeting, or votes against the action at the [noetinQ, or is prohibited from voting on the action due to a conflict ofinterest. 4 Bylaws of the Mendota Heights Athletic Association 01/13/2014 4.05 Absent Directors Adirector may give advance written consent oropposition toaproposal to be acted onataBoard ofDirectors meeting. |fthe director ianot present atthe meeting, consent or opposition to a proposal shall not constitute presence for purposes of determining the existence of a quorum, but consent or opposition shall boc puntedeaavote infavor oforagainst the proposal and ohoUbe entered inthe minutes orother record ofaction taken atthe meeting, ifthe proposal acted on at the meeting is substantially the same or has substantially the same effect as the proposal to which the director has consented or objected. 4.06 Officers The Officers ofthe Board ofDirectors shall be the President, Vice President of Administration, Vice President of Risk Management, Secretary, and Treasurer. The Board of Directors may create other officer poaition(s)from time totime as necessary tosdfioiont|yconduct the business ofthe K8HAA. Such other officers shall be members of the Board of Directors subject to the numerical limitations contained in4.O3. 4.07 Election of Officers and A8 Large Representatives Officers and Members -ot-Lergeshall beelected bythe membership. TheK8HAA shall have owritten procedure that governs this election process. Such procedure shall at minimum include solicitation of nominations, balloting process, and the appointment ofmperson toaposition intheevent Oo nominations are received. The election or appointment ofa person as o director shall not, ofitself, create any contract rights. 4.08 Election mfCommissioners Commissioners shall be elected byonaffirmative vote ofthe Officers and Members -at Large otany meeting ofthe Board ofDirectors. Once elected, commissioners shall have all the rights and responsibilities as required of any director. The election or appointment of person as a commissioner shall not, of itself, create any contract rights. 4.09 Term of Office Each Officer and Member -at -Large is elected to a two year term or until his or her earlier death, resignation, removal ordisqualification. The Vice President of Administration, Secretary, Vice President ofRisk Management and one (1)Ad Large Representative shall beelected ineven numbered years. The President, Treasurer, and one (1) At Large Representative shall be elected in odd number years. Additional terms ofeervimaOloybeg[ontedbythaBoandiftheindividua| and the Board desire. 4^1@Resignation Adirector may resign atany time bygiving written notice to MHAA. 4.11 Removal ofaSifting Director Any sifting director may be removed atony time, with orwithout cause, by a vote oftwo-thirds majority oftha Board ofDirectors. MHAAmembership may also Bylaws of the Mendota Heights Athletic Association 01/1312014 call for removal of one o[all Board members byavote of two-thirds majority at the Annual General Meeting. This call for removal must besubmitted inwriting to the Board, and membership must be invited to attend and vote at the Annual General Meeting 4^12 Vacancies Any vacancy occurring oOthe Board ofDirectors may be filled by the affirmative vote of the majority of the remaining directors. Vacancies on the Board of Directors naau|bnQ from newly created directorships may be filled by the affirmative vote ofthe majority ofthedinaciorsoervinQat1hetinle of the increase. A director appointed to fill a vacant seat shall hold office until the next election time, as established in sections 4.08 and 4.09 or until his or her earlier death, rmoignoiion. removal or disqualification. 4.13 Duties The Board ofDirectors shall publish on m periodic basis the nu|ae, policies and procedures ofK8HAA. The Board ofDirectors duties shall include, but are not limited to, the review and approval of the budgets for each sports program; the review and approval of each sports program's operating policy manual, and determining the annual membership fee. In addition tothe specific duties described iDthese By|oxve, the officers and directors shall perform any other duties delegated to them by the Board of Directors. 4.14 Conflict of Interest A director shall act, to the best of his or her ability, on behalf of the membership and for the general benefit ofthe WqHAA. Should enissue come before the Board of Directors in which a director, or his or her family, could benefit to a greater extent than the benefit received bythe general membership onsuch issue, the director is obligated to inform the Board of Directors immediately that a conflict of interest exists. The director shall not participate in all discussion and shall abstain from voting on such issue, unless the Board ofDirectors votes in the affirmative that a conflict of interest does not exist for that director on such issue. Failure by a director to notify the Board of Directors of a potential conflict of interest may result in removal of the director from the board. Any Board of Director action influenced by a director failing to notify that a conflict of interest may exist, can berepealed subject toatwo-thirds majority voteoftheBoondof Directors. 4^15 Financial Benefit Nodirector shall receive any compensation, orany other type ofmonetary or financial benefit aoaresult oftheir service oractions onthe Board ofDirectors, except as provide in section 4.17. Adinactor. who is an emp|oyee, or agent, fora company from such company mnadirect result ofthe company providing such goods o[ services to K8HAA, shall be required to inform the Board ofDirectors that such arrangement exists. Failure to inform the Board of Directors shall be considered a conflict ofinterest as defined in section 4.15. E. Bylaws of the Mendota Heights Athletic Association 01/13/2014 4.16 Credit for Program Fees For their service, each director shall annually receive a $300 credit toward the sports program registration fee for any of their eligible player(s) in any sports pnoQro[n offered by the K8HAA. Each director must inform the Executive Director that such credit is being used at the time of registration for any sports program. Such credit shall be exclusively used for the sports program registration fee; use of such credit for Olanlbanahip, tournaDleDt, o[facility fees is prohibited. Such credit must betaken within the calendar year. |Othe event such credit ionot used within the calendar year, the director shall forfeit such credit. ARTICLE V OFFICERS 5.01 President The President; sA��|p�paFame�ng and when o�o�aot�|m��n� ' of the Board ofdirectors, Officers, Annual General Meeting and all regular orspecial membership meetings; b) with the Executive Dinaotor, will sign and deliver inthe name ofK8HAA, ' any deeds, mortgages, bonds, contracts, banking transactions o[other instruments pertaining tothe business ofK8HAA'except incases inwhich the authohtvtosign and deliver ierequired by|oxvtoboexercised bx another person oriaexpressly delegated bythe Articles ofIncorporation orthese Bylaws orbythe Board ofDirectors tosome other officer oragent ofthe K8HAA. o\ ahnU sign any, and all, waiver requests for players entering into, or exiting from, any K8HAAsports program; d\ supervise, or designate such other person to supervise any and all persons employed bythe PWHAA. e) adhere iothe policies outlined inthe Checks and Balances procedures os approved by the Board of Directors. � assist and hold accountable each Director for meeting his or her individual duties and the collective responsibilities ofthe Board. cA is anex-officio member ofall committees. F9 Bylaws of the Mendota Heights Athletic Association 01/13/2014 5.02Vice President ofAdministration The Vice President ofAdministration ahaU;; n) inthe absence ofthe President orinthe event ofhis orher death, inability oFrefusal toact, the Vice President ofAdministration shall perform the duties ofthe President, and when oo acting, shall have all ofthe powers of and besubject toall restrictions imposed upon the President. b) assist the President with other duties as directed. o\ maintain all records of the K8HAA including historical documents, the YNHAA operating rnanua|, meeting nn|nutea, etc. d) oversee the editing ofthe K8HAABylaws ononannual basis a) recruit future Board nnanobere and track existing terms � receive all grievances against the Board orK8HAAemployees and present them to the Board g) adhere tothe policies outlined inthe Checks and Balances procedures em approved by the Board of Directors. 5.03 Vice President ofRisk Management The Vice President ofRisk Management shall; o\ manage the K8HAAinsurance b\ provide and track the Background Checks and Concussion Testing for all 0000haa 5.04 Secretary The Secretary shall; a) maintain minutes of and, whenever necessary, certify all proceedings of the Board of Directors and the N1HAA b) see that all notices are duly given inaccordance with the provisions of these Bylaws oroorequired bylaw 6.05 Treasurer The Treasurer shall; a\ serve onasigner for K0HAAbank accounts b\ administer the K8HAAgeneral budget and balance aUaporta/coDmrniaoioDer budgets with the general budget and bank statements E-11 Bylaws of the Mendota Heights Athletic Association 01/13/2014 d meet ongoing with the President and Executive Director to balance and reconcile all budgets and bank accounts d\ work with the K8HAA hired accountant to audit and prepare tax documentation e\ sign outgoing checks when the Executive Director ianot present or able. � adhere tothe policies outlined inthe Checks and Balances proceduresaa approved by the Board of Directors. 5.06 Executive Director The Executive Director shall; o\ serve onthe Board ofDirectors aam member bA serve asonat-xv|l-anlrdoyeaand report tothe President and Board of Directors d serve as the Budget Administrator for MHAA L monitor all bank accounts and balance those accounts with internal operating iimeet ongoing with the President and Treasurer tobalance the bank statements, operating budget and each sports budget iii. sign all checks and coordinate with the Treasurer orPresident to sign when absent iv. Coordinate, with the accountant, Treasurer and President, the preparation and completion ofall tax responsibilities/documents cD serve aoanadnlniet�dorfor the (SoodNG|N).the ' oesoesOoard system (Survey Monkey) and any other systemsofuse Assist the Web Master with various tasks and/or troubleshooting. ii Oversee all sports Registrations, along with each respective Comrnissioner, and assist the Commissioner inbalancing registrations with revenue. iii. Assist the Commissioners in creating and distributing survey's at th6 end of each sport season to collect feedback on the season. iv. Assist the Web Master mCommissioners inutilizing any other electronic oronline program. e) Represent MHAAoathe primaryoontact with the City of Mendota Heights, ISD 197 Office, and any outside vendors or contractors. E6 Bylaws of the Mendota Heights Athletic Association 01/13/2014 i. Establish the initial contracts for field and/or space use. ii Negotiate and/or sign all contracts associated with the City, ISD 187orany outside organization iii f) provide General Administrative oversight i. Work with VPofRisk Management topurchase, monitor and ensure that K0HAA|aproperly insured. ii. Assist and hold accountable each Director for meeting his or her individual duties and the collective responsibilities of the Board. iii. Meet with the Officers ofthe Board (ongoing). iv. Responsible for all communications and into and out ofK8HAA. ARTICLE VI COMMISSIONERS 6.}1Responsibility A commissioner is responsible for managingthe operation oftheir particular sports program within the stated purpose of the MHAA and the sports policy manual for that particular sports program. Acommissioner isresponsible for successfully completing each season, the duties listed in section 6.03. 6.02 Actions and Decisions Acommissioner iaempowered by the Board of Directors to take the actions and make the decisions necessary to operate oparticular sports program within the parameters of these bylaws and the operating policies for that particular sport. No action taken or decision made by a commissioner shall be overturned, reversed, or otherwise affected by the Board of Directors, unless such action or decision is o clear violation ofthese bylaws orthat sport's operating policies. 6.03 Duties The commissioner ofonMHAAsports program will, aeominimum, have the following duties: a) Insure that all aspects ofthe sports program operate within the general purpose ofthe PNHAA. b\ review and modify, aanecessary, the operating policy manual for that particular sport program. Annually present such operating policy manual to the Board ofDirectors for its approval. Such reviews and approvals must be completed prior to registration to insure that the operating policy manual accurately reflects how the sports program will bemanaged inthe coming year. 10 Bylaws of the Mendota Heights Athletic Association 01/13/2014 d Work with the Executive Director blmake the necessary arrangements and engage |nthe necessary contracts toprovide for the facilities and sites needed toconduct the sports program. d\ Work with the Executive Director onthe approval and purchasing of equipment, uniforms and supplies needed for the sports program. e\ Recruit appropriate league orage group directors, coaches and assistant coaches, and other persons nanecessary tohelp operate the sports pn]Qngmn. � Prior to registration, prepare for the Board of Directors and their approval, onannual budget for the sports program. Such budget shall include, ote minimum, the estimated expenses that the program will incur, the estimated number ofparticipants and the per player fee that will be required |norder tohave obalanced budget. g\ 4tthe conclusion ofeach season, review with the Treasurer, Executive Director and President the budget todate for that sport. h\ For Traveling sports programs, arrange for the preparation ofthe necessary team rosters and registration nnataho|o required to enter teams into league, tournament orplayoff nonmpetibon.. i\ For Recreation and |nHouse sports programs, divide participants into teams, develop team rosters, establish game and practice schedules. ') If required, arrange for the game officials needed for the sports program. ki Assess the program through use ofosurvey ormultiple and diverse focus groups. 6.04 Delegation of Duties A commissioner may, from time to time as he/she deems necessary, delegate any, orall, oftheir duties, aodescribed insection 0.O3.to league directors, coaches, other persons, or other groups of persons acting as a committee. Though such duties may be delegated, the commissioner maintains complete responsibility for the successful completion ofsuch duties. Acommissioner may not delegate any duty to the Executive Director, or any other employee of MHAA, which is not specifically listed in such employee's job description as approved by the board ofdirectors. �� Bylaws of the Mendota Heights Athletic Association 01/13/2014 ARTICLE Vil BOARD OF DIRECTORS MEMBERS -AT -LARGE 7.01 Responsibility The duty ofonMHAAat-Large Board Member shall be to help assure that the K8HAAprograms and services are responsive tothe needs ofthe yWHAA ARTICUEVilU MEETINGS 8.01 Annual General Meeting The members of MHAAshall meet before April 1of each calendar year, atm specific date, time and place tobedetermined bxthe Board ofDirectors. Members shall receive not less than thirty (3C) days advance notice ofsuch meeting. This meeting shall baknown oothe Annual General Meeting A\(3K8\. 8.02 Special Membership Meetings Special membership meetings may becalled byomajority ofthaBooPdof Directors orbvthe signature ofamajority ofthernarnbanspneoantatthe preceding Annual General Meeting. |nthe event ospecial meeting iscalled, voting members shall receive at least thirty (30) day notice of such special meeting. 8.03 Meetings ofthe Board mfDirectors Except for the month of the Annual General Meeting, the Board of Directors shall meet on the second Monday ofthe month otthe City ofMendota Heights city hall unless the city hall isnot available. Special meetings ofthe Board of Directors may be called by any director by giving five (5) days written notice of the nnaotinQ to the other directors by any technological means available. 8.04 Emergency Meetings In the event of an emergency, a meeting of the Board of Directors may be called upon 24hours' notice byany technological means available. 8.06 Notices Except for Otherwise Required Notices of a meeting may be made by telephone, e-mail, fax, mail or any other technological means available. 8.06 Quorum Aquorum. shall consist ofamajority ofthetota|DurnberofthoBoardofO|neotone. 8'07 Minutes Minutes shall be kept at every membership and regularly scheduled Board of Directors' meeting. Copies ofthe minutes shall bekept bythe Secretary and be 12 Bylaws of the Mendota Heights Athletic Association 01M3/2014 made available bvrequest tothe membership with copies tothe Board of Directors. 8.08 Agenda The President shall draft and distribute iothe Board ofDirectors, oDagenda for every membership and Board ofDirectors' meeting. Any member desiring bo bring forth an issue to the Board of Directors may request time on the agenda. Such request must be made in writing and submitted at least ten (10) days prior tosuch meeting tothe President. Such request must include osummary of the issue being brought forth and indicate elength oftime being requested. Such Copies ofthe agenda shall bakept bythe Secretary and bamade available by request tothe membership. 8.09 Robert's Rules mfOrder Regularly scheduled meetings shall beconducted inaccordance with Robert's Rules ofOrder oamost recently revised, except oeotherwise provided inthese Bylaws rules, policies or procedures. ARTICLE IX FINANCES 3.01 Fiscal Year K8HAA'sfioca| year shall be from January 1 to December 31 of each year. 9.02 Prohibited Transactions K8HAA' its officers, directors, members or any persons acting in or on its beho|f, shall take no action which may adversely affect K8HAA'otax exempt status or which may otherwise violate any state or federal law. 9.03 Contracts and Banking The Board of Dineotoro, except as otherwise required by |mvv, the Articles of Incorporation or these Bylaws, may authorize any officer(s) or agent(s) to enter into any contract or to execute and deliver any instrument or document in the name of and on behalf of MHAA and such authority may be general or confined tospecific instances. 9.04Acceptance ofGifts and Donations The Board of Directors may ocoeo[ on behalf of K8HAA any contribution, 0ift, bequest, donation or devise for the general purpose or any special purpose of theK8HAA. 9.06 Annual Check and Balance of the Finances Anannual check and balance shall baconducted bythe Executive Director, President, Treasurer and accountant when preparing tax documentation. The check and balance shall be completed and reported to the Board of Directors at its next meeting 13 page 37 Bylaws of the Mendota Heights Athletic Association 01/13/2014 AMENDMENT OF BYLAWS 10.01 Amendment of Bylaws Any voting member ordirector may propose toamend these Bylaws by delivering the proposal in writing to the Board of Directors not less than sixty (60) days prior tothe Annual General Meeting urospecial membership meeting. 10.W2Review ofthe Proposed Amendment The Board ofDirectors shall review the proposed amendment for form and any conflict with any existing articles ofincorporation, bylaws orrules ofthe KUHAA. The Board ofDirectors shall determine anaction regarding the proposed amendment tothe bylaws and report its decision tothe membership. 10.03 Publication The proposed amendment and the decision ofthe Board ofDirectors shall ba published on the web site no less than thirty (30) days prior to the annual general meeting or special rnarnborehip meeting. 10.04 Voting Amendments to the Bylaws may be made by the affirmative vote of two-thirds of the votes present at o membership meeting. 10.06 Amendment of the Bylaws by Board Approval The Board of Directors may at any time amend the Bylaws only if it is deemed necessary and appropriate inorder toconduct the business practices ofK8HAA. Atwo-thirds majority ioneededbvtheBoondinondertopoao1heomeDdmant. The Board must then publish the approved Bylaws onthe web site for the general membership to view. ARTICLE XI GRIEVANCE 11.01 Definition Agrievance ieocomplaint byamember alleging that the conduct oractions of an MHAA representative (such as a coach, league director, commissioner,or policy committee), in a particular situation, has violated these bylaws and/or the operating policies of the applicable sport, and, as a result, has caused harm to a member oreligible player(s). Agrievance shall not challenge any action taken, orBylaw o[rule adopted by the Board of Directors, and any such matter must be addressed directly to the Board. 11.02 Procedure The MHAA shall have awritten procedure togovern how grievance complaints are acted upon bvthe K8HAA. 14 Bylaws of the Mendota Heights Athletic Association 01/13/2014 ARTICLE XII SPORTSMANSHIP GUIDELINES 12.01 General Provisions The K8HAA nheU establish and maintain guidelines for sportsmanship that shall apply 10all players, coaches, yWHAAofficials and parent members. Such guidelines shall be observed otall times ntall p[mctioee, tryouto, dinico, games and other sponsored activities. Such guidelines shall beincorporated into the registration process for all WYHAAsports programs and will require an acknowledgment by the players, coaches, MHAA officials and parent members. Failure to observe guidelines for sportsmanship may result in disciplinary action by the Board of Directors. ARTICLE XIII CODE OF CONDUCT 13.01General Provisions The K8HAAshall require all players, coaches, K8HAAofficials and parent members to refrain from inappropriate conduct during all MHAA sponsored youth sports activities. Inappropriate conduct shall include: a) The use ofany drug, alcohol cxtobacco products bA Tobafound under the influence ofany drug o[alcohol product u) Engaging infighting, assaulting orthreatening physical assault on another person d\ Intentional damage toproperty e)The use ofvulgar oroffensive language f) Any actions violating K8HAA policy XIV 13.02 Disciplinary Action Any player, coach orparent who engages ininappropriate conduct will be disciplined, by the proper authority, including but not limited to, coaches or assistant coaches, league directors and/or commissioners, as follows: 1otViolation -Awritten reprimandfrom the appropriate Commissioner to such player, coach or parent shall include abrief description of the incident, why the actiori or incident is inappropriate, and a request for remedial action. Auopy ofsuch reprimand will betransmitted tothe K8HAAPresident. 2nd Violation -Awritten reprimand tosuch player, coach orparent shall include obrief description ofthe incident, why the action orincident ie inappropriate, and erequest for remedial action. Acopy ofsuch reprimand will betransmitted tothe yNHAAPresident. |naddition tothe reprimand the 15 Bylaws of the Mendota Heights Athletic Association 01/13/2014 appropriate Commissioner must attempt aface-to-facameeting with the member and the member must baplaced conduct probation. 3rd Violation -The coach orplayer will beterminated from the K8HAA activity that they are currently involved in and not allowed to participate in any manner inany K8HAAactivity for one year following the termination. Aparent will have their membership terminated as described in section 2.08 Atermination letter, containing abrkef descriptionofthe 3rd incident, will be issued b«the Commissioner o[K8HAAPresident. This progressive discipline schedule need not befollowed iDcases ofserious, willful misconduct. The grievance procedure, set forth in Article X, may be followed by any player who disagrees with the disciplinary action taken against such player, coach or parent. Termination from any MHAA activity, on two separate occasions, may result in cancellation of the players' MHAA participation and precluded from future MHAA participation. ARTICLE XIV CHILD PROTECTION 14^01 General Provisions The MHAAshall have written policies and appropriate procedures to institute such policies, topromote the safety of our member's chi|d(ren) while participating iDK8H/V\sponsored youth sports activities. The Board ofDirectors shall annually review and update such policies and procedures with the support ofthe K8HAA insurance agency and legal counsel. Vice President ofRisk Management shall serve oethe contact for any concerns regarding the K8HAAChild Protection policies and procedures. 16 Minnesota Business and Lien System, Office of the Minnesota Secretary of State Minnesota Business and Lien System, Office of the Minnesota Secretary of State Business Record Details >> Minnesota Business Name Mendota Heights Athletic Association Business Type Nonprofit Corporation (Domestic) File Number D-429 Filing Date 06/06/1960 Renewal Due Date 12/31/2016 Number of Shares NONE President Dan Novak 1670 S Robert Str #305 West St Paul, MN 55118 USA Filing History MN Statute 317A Home Jurisdiction Minnesota Status Active / In Good Standing Registered Office Address 1670 S Robert #305 W St Paul, MN 55118 USA Registered Agent(s) (Optional) None provided Page 1 of 2 page 40 Sign In or Create Online Account Sign In or Create Online Account https://mblsportal. sos. state.nm.us/Business/SearchDetails?filingGuid=F21 B 90D 8-BAD4-E... 9/25/2015 page 41 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com f CITY OF MENDOTA HEIGHTS DATE: October 6, 2015 TO: Mayor and City Council, City Administrator FROM: Lorri Smith, City Clerk SUBJECT: Proposed Code Amendment Regulating Background Checks for Peddlers, Solicitors and Transient Merchants BACKGROUND The current City Code Section 3-7-1 states that the City of Mendota Heights Police Department will conduct criminal history background checks for Peddlers, Solicitors, and Transient Merchants. This past April, the City Council amended the City Code Section 3-3 regulating peddlers, solicitors, and transient merchants in order to clarify the language. The current Code does not allow peddlers or transient merchants. We also do not allow solicitors to go door-to-door who are engaged in any commercial type of activity. Since we do not license peddlers, solicitors, or transient merchants, we need to update our City Code. Ordinance No. 487 would delete the requirement of background checks for peddlers, solicitors, and transient merchants. RECOMMENDATION City staff is recommending the Council adopt Ordinance No. 487 Amending Section 3-7-1 of the City Code Concerning Criminal History Background Checks, deleting the language requiring criminal history background checks for peddlers, solicitors, and transient merchants. page 42 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 487 AN ORDINANCE AMENDING SECTION 3-7-1 OF THE CITY CODE OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA, DAKOTA COUNTY, CONCERNING CRIMINAL HISTORY BACKGROUND CHECKS The City Council of the City of Mendota Heights, Minnesota, does hereby ordain: Section 1. Title 3, Chapter 7 is hereby amended as follows: 3-7-1. Requirements The City of Mendota Heights Police Department (MHPD) is hereby required, as the exclusive entity within the city, to conduct a criminal history background investigation on any applicant seeking a license or permit for the following City of Mendota Heights ordinances, as required within: • Liquor Licenses (City Code 3-1-7) • Peddler-, Soncitors andTransient -Merc-han4s-(City Code 3 3 1) • Massage Therapy Licenses (City Code 3-3-6) 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 6th day of October, 2015. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST Lorri Smith, City Clerk page 43 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com mCITY OF MENDOTA HEIGHTS DATE: October 6, 2015 TO: Mayor, City Council, and City Administrator FROM: John R. Mazzitello, PE, PMP Public Works Director/City Engineer SUBJECT: Support for Dakota County Designation of Pilot Knob Road as a 10 -Ton Highway BACKGROUND Dakota County is requesting a Resolution of support for their designation of County State Aid Highway (CSAR) 31, commonly referred to as Pilot Knob Road, as a 10 -Ton County Highway. This request is consistent with the County's 2030 Transportation Plan that was adopted in 2012. County engineering staff has evaluated the portion of CSAH 31 within Mendota Heights (from Trunk Highway 13 south to I-494) and determined that it can support that heavy of a load. A letter form the County Engineer explaining this request and a map showing the County's weight limitations are attached for your reference. BUDGET IMPACT None RECOMMENDATION Staff recommends Council adopt Resolution 2015-76, SUPPORT FOR DAKOTA COUNTY DESIGNATION OF COUNTY STATE AID HIGHWAY 31 (PILOT KNOB ROAD) AS A 10 -TON COUNTY HIGHWAY. This action would require a simple majority vote. page 44 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, INNESOTA RESOLUTION 2015-76 SUPPORT FOR DAKOTA COUNTY DESIGNATION OF COUNTY STATE AID HIGHWAY 31 (PILOT KNOB ROAD) AS A 10 -TON COUNTY HIGHWAY WHEREAS, Minnesota Statute 163.02, Subd. 3, allows local governments to designate any street or highway under their jurisdiction as a 10 -ton route; and WHEREAS, Dakota County adopted the Dakota County 2030 Transportation Plan (Plan) in June 2012; and WHEREAS, the Plan identifies strategies and policies that support the development of a 10 -ton County highway system; and WHEREAS, the Plan identifies County State Aid Highway (CSAR) 31, commonly referred to as Pilot Knob Road, from Trunk Highway (TH) 13 to the south City boundary as a proposed 10 -ton County highway; and WHEREAS, County staff has determined that CSAH 31 has adequate pavement structure and cross section design to be designated as a 10 -ton highway; and WHEREAS, designating CSAH 31 as a 10 -ton route can benefit the public and the City of Mendota Heights by: • providing a system capable of handling repeated use by heavy loads on appropriately designated and managed routes, thereby reducing the damage done due to overweight trucks and reducing trips on local routes; • placing trucks on appropriately designed routes that provide efficient connections; • resulting in safety benefits with fewer trucks and truck trips on the road; • providing environmental benefits with fewer trucks and truck trips consuming less fuel and resulting in less emissions; • reducing the need for special permits and exemptions from state and local agencies; • helping to promote economic development (both commercial and industrial) in the County and the City by giving business owners more options for locating new businesses that are dependent on trucks to deliver goods. WHEREAS, County staff has determined that CSAH 31 provides primary access to the state highway system and provides primary access to industrial and commercial development. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mendota Heights hereby supports Dakota County designation of CSAH 31 from TH 13 to the south City boundary as a 10 -ton County highway. Adopted by the Mendota Heights City Council this 6th day of October 2015. page 45 CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST Lorri Smith, City Clerk page 46 October 1, 2015 John Mazzitello Public Works Director City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 RE: Designation of County State Aid Highway (CSAR) 31 as a 10 -ton Route Dear John: In 2012, the Dakota County Board adopted the Dakota County 2030 Transportation Plan (Plan). The Plan includes a strategy to develop and implement a system of 10 -ton County highways to provide primary access routes for industrial land uses to State highways or other 10 -ton routes. The enclosed map depicts the 10 -Ton system proposed in the Plan. The strategy of developing a 10 -ton system of County routes is intended to benefit the County in a number of ways: • It provides a system capable of handling repeated use by loads on appropriately designated and managed routes, thereby reducing the damage done due to overweight trucks and reducing trips on local routes; • It places trucks on appropriately designed routes that provide efficient connections; • It results in safety benefits with fewer trucks and truck trips on the road; • It provides environmental benefits with fewer trucks and truck trips consuming less fuel and resulting in less emissions; • It reduces the need for special permits and exemptions from state and local agencies; and • It will help to promote economic development (both commercial and industrial) in the County by giving business owners more options for locating new businesses that are dependent on trucks to deliver goods. 10 -ton highways are capable of carrying axle weights of 20,000 pounds per axle year-round. All of the highways in Dakota County managed by the Minnesota Department of Transportation are currently designated as 10 -ton highways. Minnesota Statute §169.87 designates all county highways as 10 - ton highways as well, unless posted otherwise. Currently, all Dakota County highways within Mendota Heights are posted at 9 -tons, and specific routes may be further reduced during spring load restrictions, depending on their strength. Dakota County could, therefore, designate 10 -ton routes by simply removing the 9 -ton load postings along the route. page 47 Proposed Routes The proposed routes on the map were identified due to their ability to provide primary access for concentrations of industrial and commercial land uses to state highways or other 10 -ton routes. Over the past few months, we have completed an assessment of these routes for their ability to handle 10 -ton loads. This assessment included strength testing and a review of cross-sectional elements and safety. Through this evaluation, County staff determined that the following County highway, within Mendota Heights, could be officially designated as a 10 -ton route: • CSAH 31 from Trunk Highway (TH) 13 to the south City boundary City Support We are requesting the City of Mendota Heights' support of the County's designation of this highway as a 10 -ton route. County policy MA states that 10 -ton routes will be implemented consistent with Minnesota State Statutes, with the support of the city through a council resolution. This is part of the policy because we want to make sure the cities understand the benefits of 10 -ton system designation, and we understand any issues the cities may have with designating certain routes. Enclosed is a sample resolution for your consideration. The County Board will consider adoption of this highway as a 10 -ton route following receipt of the City's resolution of support. We are also requesting support of Eagan and Farmington at this time to provide for a continuous connection of this 10 -ton route. We received the support of Apple Valley and Lakeville for this route in 2014. Please let me know (952-891-7102 or mark. krebsbach(a),co.dakota. mn. us) if you have any questions or would like additional information on our 10 -ton system or on the segment we are considering for 10 -ton designation within the City. Sincerely, Mark J. Krebsbach, PE Transportation Director, County Engineer Enc: Map, Sample Resolution 10 -Ton Highways To Designate page 48 10 -Ton Highways Proposed LILYDALEi �--I / I 1 WEST n '�sPUTH Contingent N f rs-'` ST PAUL i ST P.A�UL �H ^- MENDDTA 1 I.•� State SLAKE" S l ODesignated by County Board r ME D•TA HEI�GHTS �_ It; 2015 Segments s; '266'f —TARIVE1 '� - -Future County Highways L3] i .,� Support Through City Resolution I% EAGAN } �- 5 1 -fINVERGROVE � Deficient Segment Requiring Overlay 'r U EIGHTS.:.Po, "r I 32 7 BUR NSVILLE _ __ r — . — _—�—__—_ •_ •__ _ -- � __ � _ ~_r-' .n. o"o,�",.� E, RUSEMOUNT sa si 42 APPLE 31 ai\ � VALLEY Y 'Y �� aai _ AL NININGER HASTINGS � ai ;ssJ r --� TOWNSHIP47 91 ', - - ,.xE LAKEILLPIVERMILLION W _ TONSHIP RAVENNA _ -L_1 '€MRE •• MARSHANTOWNSHIP 1 � OWNSHIP i TOWNSHIP - VERMILLI N -1._.. O C62 C2312 r 7 © s 47 F, FARM/ _ � TON �.I �•L I I —e1 I _4I j — r © EUREKA CASTLE ROCK HAMPTON/— a�._ .-.TOWNSHIP TOWNSHIP NEW'TaIER �g MIE_SVILLE }.._ 47 HAMPTON f� TOWNSHIP '+ (� res T n ° DOow I "au IJ J 1 T UN P I i O GRE ENVALE (sa) I____, RANDOLPH �.-. TOWNSHIP + {j RAN OLTOWNSHIP 12 - J /WATERFORD T�4 � TOWNSHIP Q 94 SCIOTA TOWNSHIP —�i s j =':3 21 _1 Q 0 0.5 1 2 3 4 5 —_, 1 Miles Prepared by: Dakota County Office of GIS, 9/2015. page 49 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-helghts.com Of { CITY OF Mj MENDOTA HEIGHTS DATE: October 6, 2015 TO: Mayor, City Council and City Administrator FROM: John R. Mazzitello, PE, PMP, MBA Public Works Director/City Engineer SUBJECT: Call for a Public Hearing — Vacation of a Portion of the Perron Road Right -of -Way BACKGROUND 2401 Pilot Knob Road has a purchase agreement signed. During the title investigation for the closing on the property, it was discovered that a small portion of the parking lot encroaches into the Perron Road Right -of -Way on the north side of the property. A small portion of the Right -of -Way will need to be vacated in order to clean up the title for closing. The property is scheduled to close on November 61h Staff has researched the undeveloped, remnant, full -width right-of-way that exists between Pilot Knob Road and Trunk Highway 13. The portion proposed to be vacated is approximately 3,000 square feet and is only utilized by the 2401 Pilot Knob Road property. The portion proposed for vacation is described as: All that part of Perron Road located over, under and across the North 500.00 feet of the East 349.04 feet of Government Lot 2, Section 33, Township 28, Range 23; which lies southerly of the northerly 40.00 feet thereof and which lies westerly of County State Aid Highway 31 (Pilot Knob Road) as shown on Minnesota Department of Transportation Right of Way Plat No. 19-93. The City has no utilities located within the right- of-way proposed for vacation, and would retain a 60 -foot wide Right -of -Way between the vacated portion and the property to the north; 40 -feet of which are shown in the attached survey sketch. The remaining 20 -feet of Right -of -Way width is within a roadway easement located on the property to the north. The requested vacation would result in the creation of non -conformity due to parking lot setback, but to maintain City controlled Right -of -Way width, this non -conformity is necessary given the existing conditions. As noted in the applicant's request, this non -conformity would be proposed for approval by condition with the vacation Resolution that may be acted upon after the Public Hearing on November 3rd. The City Attorney approves of this course of action. In order for the City to vacate a right-of-way, a public hearing must be conducted. The attached Resolution calls for a public hearing to be held on November 3rd for the vacation of a portion of the Perron Road Right-of-way west of Pilot Knob Road. Calling for the public hearing does not obligate Council to ultimately vacate the right-of-way. page 50 All impacted property owners will be contacted about the public hearing by published and mailed notice. BUDGET IMPACT Other than the staff time to process the vacation, there is no impact to the city budget. RECOMMENDATION Staff recommends that the City Council pass a motion adopting Resolution No. 2015-77, A RESOLUTION CALLING FOR A PUBLIC HEARING ON A RIGHT-OF-WAY VACATION STARTED BY A PETITION OF AN ABUTTING LANDOWNER. This action would require a 4/5 majority vote. page 51 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 2015-77 RESOLUTION CALLING FOR A PUBLIC HEARING ON A RIGHT-OF-WAY VACATION STARTED BY A PETITION OF AN ABUTTING LANDOWNER WHEREAS, a request signed by the property owners abutting the Perron Road Right - of -Way (a portion thereof) in Mendota Heights was received by the City clerk on the 29th day of September 2015; and WHEREAS, the petition requested by the City Council pursuant to Minnesota Statute §412.851 to vacate Perron Road (a portion thereof) between Pilot Knob Road (County State Aid Highway 31) and Trunk Highway 13 legally described as: All that part of Perron Road located over, under and across the North 500.00 feet of the East 349.04 feet of Government Lot 2, Section 33, Township 28, Range 23; which lies southerly of the northerly 40.00 feet thereof and which lies westerly of County State Aid Highway 31 (Pilot Knob Road) as shown on Minnesota Department of Transportation Right of Way Plat No. 19-93. WHEREAS, the City Clerk has reviewed and examined the signature on said request and determined that such signatures constitute a landowner abutting upon the portion of Right -of - Way to be vacated. NOW THEREFORE, BE IT RESOLVED, the Mendota Heights City Council will consider the vacation of such Right -of -Way and a public hearing shall be held on such proposed vacation on the 3rd day of November, 2015, before the City Council in the Mendota Heights City Hall located at 1101 Victoria Curve at 8:00 p.m. The City Clerk is hereby directed to give published, posted, and mailed notice of such hearing as required by law. Adopted by the City Council of the City of Mendota Heights this 6th day of October, 2015. CITY COUNCIL CITY OF MENODTA HEIGHTS M-1 ATTEST BY Lorri Smith, City Clerk Sandra Krebsbach, Mayor September 30, 2015 John Mazzitello, Public Works Director City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 page 52 PHONE (851 ) 452-0003 FAx: (B51) 452-3382 www.mfcproperties.com Re: Joint Request for Vacation and Waivers for 2401 Pilot Knob Road, Mendota Heights, Minnesota Dear Mr. Mazzitello: As has been discussed with you, CM Properties 31, LLC (`Buyer") intends to acquire the commercial building, related improvements and real estate located at 2401 Pilot Knob Road, Mendota Heights, Minnesota (the "Property") from Burnsville -Dakota Business Center Associates, LLLP ("Seller"). During the course of Buyer's due diligence, Buyer and Seller became aware of a question as to the actual location of a portion of unimproved Perron Road that is shown on County and City that appears to cross into the parking lot on the Property (see Exhibit 1 attached). To resolve this matter and the attendant issues resulting therefrom, you have agreed to recommend the City Council for the City of Mendota Heights (the "City Council") at its meeting to occur on October 6, 2015 (the "First Meeting"): (a) vacate a portion of Perron Road, (b) permit the non -conformity to parking setbacks along the northern boundary of the improved portion of the Property, and (c) permit any remnant encroaching improvements that might remain in Perron Road after such vacation. Accordingly, Buyer and Seller jointly request that you recommend that the City Council preliminarily approve the following items at the First Meeting and direct that all necessary actions be taken to proceed to a public hearing to occur on November 3, 2015, to permit the City Council to adopt Resolutions on the same date immediately following the public hearing, approving: 1. The vacation of that portion of Perron Road identified on Dakota County and City of Mendota Heights maps lying South of the North 40 feet of the Property as more fully described and depicted on Exhibit 2 attached hereto, and that Perron Road, within the boundaries of the Property, is and shall be limited to the North 40 feet thereof. 2. The elimination of the ten (10) foot parking setback requirement along the southern boundary of Perron Road, as established by the vacation requested above, as a result of the non -conformity to the parking setback that exists at the Property, which shall be permitted to continue until the parking lot is significantly redesigned or the PROPERTY OWNERSHIP DEVELOPMENT PROPERTY MANAGEMENT BROKERAGE YANKEE SQUARE OFFICE 11 o 3470 WASHINGTON DRIVE 0 .SUITE 102 • EAGAN, MN 55122 page 53 September 30, 2015 Page-2- building age-2- building footprint changes significantly as a result of redevelopment or reconstruction ("Second Resolution"). 3. The encroachment of any existing curbing or parking lot improvements into Perron Road that may continue to exist after the vacation of Perron Road, which shall be permitted until the parking lot is significantly redesigned or the building footprint significantly changes as a result of redevelopment or reconstruction ("Third Resolution"). It is also understood that upon Buyer's acquisition of the Property, the Buyer and the City shall enter into a License Agreement to pen -nit the connection of the existing driveway to the parking area within the boundaries of the Property that will remain subject to Perron Road (i.e., the North 40 feet thereof), and such License Agreement shall be in form satisfactory to Buyer and its counsel, provided the Resolution requested above is duly adopted. If you require any additional information to process this Request, please contact Bruce Miller at 651-452-3303 or by cell at 612-209-7213. Respectfully, CM PROPERTIES 31, LLC September 30, 2015 Page - 3 - Respectfully, page 54 BURNSVILLE-DAKOTA BUSINESS CENTER ASSOCIATES, LLLP By Gemini -Rosemont Realty LLC, its General Partner YW I r_)(es -3- page 5&5 oo- uh EXHIBIT 1 M to O MOW, wool > F Z > sit J r - m WNW, co ------------------------ . .... sit I jyvh:,� WERE Its sav- PARCa............ ro .................... at ;ai >1 m 'mc -1 Ci o i'] 0 0 ro wmill 1 C— m P MR Fri 01 m! 261 on I RN SIR, N 1& 1 MC Uzi Vi I MR Mal 01 jm> F Z.2 am min all 1 1 K I I oil mok 1"I NMI I Ina-, At V Pig 1101 P 1 jelf! l K Cid EXHIBIT 2 THE NORTH LINE OF GOVERNMENT LOT 2, SEC. 33, T. 28, R. 23 S89 56'18"E 349.05 289.05 PERRON ROAD (AS DEPICTED ON MNDOT RIGHT OF WAY PLAT 1, UNIMPROVED PUBLIC RIGHT OF WAY --x PROPOSED VACA71ON AREA -THE SOU77-1 LINE OF THE NORTHERLY 40.00 FEET Q"\ 1—STORY BRICK BUILDING 2401 PILOT KNOB ROAD All that part of Perron Road located over, under and across the North 500.00 feet of the East 349.04 feet of Government Lot 2, Section 33, Township 28, Range 23; which lies southerly of the northerly 40.00 feet thereof and which lies westerly of County State Aid Highway No. 31 (Pilot Knob Road) as shown on Minnesota Department of Transportation Right of Way Plat No. 19-93. page 56 It i 0 60 SCALE IN FEET 1229 Tyter street HE, Sulte 100 PROPOSED VACATION DESCRIPTION MlnneapoUOHE.! 1nnesota55413 6-330 FOR PAX: (612) 466-3385 0 m MFC PROPERTIES CORPORATION Egan, Held & Nowak, Inc. ,WWW.EfHSU-- N tuna u,v,U,r, sin,a 1872 N DAK158 EFN PROJECT NO. 36448 M i 00 00 1n N THE NORTH LINE OF GOVERNMENT L 0 T 2, SEC. 33, T. 28, R. 23 -� S89e56'18"E 349.05 289.05 60.00 N PERRON ROAD o -(AS DEPICTED ON MNDOT RIGHT OF WAY PLAT 19-93) o ' UNIMPROVED PUBLIC RIGHT OF WAY—\ -- 60 -- LQ � 2 PROPOSED VACATION AREA i \-THE SOUTH LINE OF THE NORTHERLY 40.00 FEET o �N tiN r V) �� W M �� o (N1- S TORY BRICK t` = W BUILDING 0 2 ' `" 2401 PILOT KNOB ROAD zoJ LLJ LLA i Q �(7) Q = O z_j �LLj o Q Y O W 2 O -- 60 -- DRAN DRpNN VACATION DESCRIPTION: N All that part of Perron Road located over, under and across the North 500.00 feet of the East 349.04 feet of Government Lot 2, Section 33, Township 28, Range 23; which lies southerly of the northerly 40.00 feet thereof and which lies westerly of County State Aid Highway No. 31 (Pilot Knob Road) as shown on Minnesota Department of Transportation Right of Way Plat No. 19-93. 0 60 SCALE IN FEET 1229 Tyler Street NE, Suite 100 PROPOSED VACATION DESCRIPTION Minneapolis, Minnesota 55413 FOR INEFN PHONE: (612) 466-3300 FAX: (612) 466-3383 MFC PROPERTIES CORPORATION Egan, field & Nowak, Inc. WWW.EFNSURVEY.COM COPYRIGHT® 2015 By ELAN, FIELD k NOWAK. INC. Land surveyors since 1872 DAK158 EFN PROJECT NO. 36448 Print Preview Dakota County, MN Disclaimer: Map and parcel data are believed to be accurate, but accuracy Is not guaranteed. This is oat a legal document and should not be substituted fnc a tide Map Scale sea.rch,apprarsaf, survey, ar far coning—dftcati— Dakota County assumes no fegaf—ponsibi(ity for the information contarned in this data. 1 inch = 31 feet 9/29,12015 Page 1 of 1 page 58 http://gis.co.dakota.mn.uslDCGISiWebFormsIPrint.aspx?img=http:Hgis.co.dakota.mn.usIContentlDCGISMaps/_ags_833 fdc9d.j ... 9/29/2015 page 59 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.rnendota-hei ghts.corn s CITY OF MENDOTA HEIGHTS DATE: October 6, 2015 TO: Mayor, City Council and City Administrator FROM: Kristen Schabacker, Finance Director SUBJECT: 2015 Bond Issue and Refunding BACKGROUND The city has ordered the Victoria Road South reconstruction project to be completed this construction season. Equipment Certificates in the amount of $210,000 will be issued with the improvement bonds for the purchase of a new snow plow. Tonight we will begin the process to issue bonds to finance these projects. I have contacted Ehlers & Associates to assist us with the issuance of these bonds. The schedule is as follows: Pre -Sale Review by Council Distribute Official Statement Conference with Rating Agency Award Sale of Bonds Estimated Closing Date October 6, 2015 Week of October 19t', 2015 Week of October 26`h, 2015 November 3, 2015 November 24, 2015 Ehlers has prepared a Pre -Sale report that is attached for your review. We will be issuing $210,000 of Equipment Certificates and $995,000 General Obligation Improvement Bonds for the street project with a term of 20 years. The 2007 General Obligation Bonds are eligible to be called and refunded. These are the bonds that were initially issued to purchase the Par 3 Golf Course. By refunding these bonds the city will save approximately $111,000 in interest over the remaining 7 years of the bonds. We will be issuing $1,560,000 for the refunding of these bonds. The 2008 General Obligation Improvement Bonds are also eligible to be called and refunded. The refunding of these bonds will reduce the interest expense by approximately $284,000 over the remaining 12 years of these bonds. The bond issue for this refunding will be $2,045,000. The two refunding issues will follow the same schedule listed above. BUDGETIMPACT The bonds will be paid with a combination of special assessments and an amount levied each year for the annual bond payments. RECOMMENDATION I recommend that council pass a motion to adopt Resolution 2015- 78 "RESOLUTION PROVIDING FOR THE SALE OF $1,205,000 G.O. IMPROVEMENT BONDS, SERIES 2015A, $1,560,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2015B, AND $2,045,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2015C." Council Member page 60 Resolution No. 2015-78 introduced the following resolution and moved its adoption: Resolution Providing for the Sale of $1,205,000 General Obligation Bonds, Series 2015A $1,560,000 General Obligation Refunding Bonds, Series 2015B, and $2,045,000 General Obligation Refunding Bonds, Series 2015C A. WHEREAS, the City Council of the City of Mendota Heights, Minnesota has heretofore determined that it is necessary and expedient to issue the City's $1,205,000 General Obligation Bonds, Series 2015A, $1,560,000 General Obligation Refunding Bonds, Series 2015B, and $2,045,000 General Obligation Refunding Bonds, Series 2015C (the "Bonds"), to finance street reconstruction, the purchase of capital equipment, and effect a current refunding of the callable maturities of the City's General Obligation Bonds, Series 2007A and General Obligation Improvement Bonds, Series 2008A; and B. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"), as its independent financial advisor for the Bonds in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. Authorization; Findings. The City Council hereby authorizes Ehlers to assist the City for the sale of the Bonds. 2. Meeting; Proposal Opening. The City Council shall meet at 8:00 p.m. on November 3, 2015, for the purpose of considering proposals for and awarding the sale of the Bonds. 3. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by City Council Member and, after full discussion thereof and upon a vote being taken thereon, the following City Council Members voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. Dated this 6th day of October, 2015. City Clerk page 61 EHLERS LEADERS IN PUBLIC FINANCE October 6, 2015 Pre -Sale Report for City of Mendota Heights, Minnesota $1,205,000 General Obligation Bonds, Series 2015A $1,560,000 General Obligation Refunding Bonds, Series 2015B $2,045,000 General Obligation Refunding Bonds, Series 2015C Prepared by: Stacie Kvilvang Senior Municipal Advisor And Nick Anhut Municipal Advisor 1-800-552-1171 1 www.ehiers-inc.com page 62 Executive Summary of Proposed Debt Proposed Issues: $1,205,000 General Obligation Bonds, Series 2015A; $1,560,000 General Obligation Refunding Bonds, Series 201513; and $2,045,000 General Obligation Refunding Bonds, Series 2015C (together all three issues hereinafter as "the Bonds"). 2015A Purpose: The proposed 2015A Bonds include financing for the following: 1. $210,000 Equipment Certificates for the purchase of a snow plow. Debt service for this portion will be paid from a tax levy in years 2016 to 2024. 2. $995,000 Improvement Bonds for the Victoria Road South Reconstruction project. Debt service for this portion will be paid from special assessments and tax levy. It is the intent of the City to levy special assessments in the amount of approximately $335,850 to benefiting property owners in 2016 for collection in years 2017 through 2035 at a rate of 6% (19 years). The City anticipates receiving approximately $83,963 (25%) in prepayments on the special assessments from the project this fall. The total reconstruction project cost estimate is $1.9 million. The issue size has been reduced by the aforementioned prepayment amounts and the City's anticipated use of approximately $500,000 in MSA funds and $334,000 in utility funds. Remaining debt service for this portion will be paid from a tax levy, which will not be required until 2017 (we have capitalized interest in the amount of approximately $29,000 to offset any levy requirement for 2016). 2015B Purpose: The proposed 2015B Refunding Bonds will refinance the callable maturities of the City's General Obligation Bonds, Series 2007A originally issued for the acquisition and improvement of the golf course as authorized by referendum in 2007. Interest rates on the obligations proposed to be refunded are 4.05% to 4.20%. The refunding is expected to reduce interest expense by approximately $111,000 over the remaining seven years. The Net Present Value Benefit of the refunding is estimated to be $104,000, or 6.8% of the refunded principal. Debt service will continue to be paid from a tax levy. The 2015B Refunding Bonds are considered a Current Refunding as the 2007A obligations being refunded will be callable (pre -payable) on February 1, 2016, which is within 90 days of the date of issue for the new bonds. 2015C Purpose: The proposed 2015C Refunding Bonds will refinance the callable maturities of the City's General Obligation Improvement Bonds, Series 2008A. The City has $180,000 in existing funds to go to prepay the Bonds. Interest rates Presale Report October 6, 2015 City of Mendota Heights, Minnesota Page 1 page 63 Presale Report October 6, 2015 City of Mendota Heights, Minnesota Page 2 on the obligations proposed to be refunded are 4.00% to 4.45%. The refunding is expected to reduce interest expense by approximately $284,000 over the next 12 years. The Net Present Value Benefit of the refunding is estimated to be $226,000, or 10.428% of the refunded principal. Debt service will continue to be paid from special assessments and tax levy. The 2015C Refunding Bonds are considered a Current Refunding as the 2008A obligations being refunded will be callable (pre -payable) on February 1, 2016, which is within 90 days of the date of issue for the new bonds. Authority: The 2015A Bonds are being issued pursuant to Minnesota Statutes, Chapters 412, 429, and 475. • Chapter 412 authorizes the City to issue Equipment Certificates payable from a tax levy for a period of up to 10 years. This portion of the debt will count against the City's general obligation debt limit of 3% of the assessor's estimated market value. Including this issue, the City will have over $50 million in capacity remaining. In addition, since the par amount of the Bonds attributable to the equipment certificate does not exceed .25% of the City's estimated taxable market value, no public hearing is required. • Because the City is assessing at least 20% of the project costs, the improvement portion of the 2015A Bonds can be a general obligation without a referendum and will not count against the City's debt limit. The 2015B and 2015C Refunding Bonds are being issued pursuant to Minnesota Statutes, Chapter 475. The Bonds will be general obligations of the City for which its full faith, credit and taxing powers are pledged. Term/Call Feature: The 2015A Bonds are being issued for a 20 year term. Principal on the Bonds will be due on February 1 in the years 2017 through 2036. Interest is payable every six months beginning August 1, 2016. 2015A Bonds maturing on and after February 1, 2025 will be subject to prepayment at the discretion of the City February 1, 2024 or any date thereafter. The 2015B Refunding Bonds are being issued for a 7 year term, which is the remaining term on the existing obligation. Principal on the Bonds will be due on February 1 in the years 2017 through 2023. Interest is payable every six months beginning August 1, 2016. Due to their short duration, the 2015B Refunding Bonds are being offered without option of prior redemption. The 2015C Refunding Bonds are being issued for a 12 year term. Principal on the Bonds will be due on February 1 in the years 2017 through 2028. Interest is payable every six months beginning August 1, 2016. 2015C Refunding Bonds maturing on and after February 1, 2025 will be subject to prepayment at the discretion of the City February 1, 2024 or any date thereafter. Presale Report October 6, 2015 City of Mendota Heights, Minnesota Page 2 page 64 Bank Qualification: Because the City is expecting to issue no more than $10,000,000 in tax exempt debt during the calendar year, the City will be able to designate the Bonds as "bank qualified" obligations. Bank qualified status broadens the market for the Bonds, which can result in lower interest rates. Rating: The City's most recent general obligation bond issues were rated "AAA" by Standard & Poor's. The City will request a new rating for the Bonds. Basis for Based on our knowledge of your situation, your objectives communicated to us, Recommendation: our advisory relationship as well as characteristics of various municipal financing options, we are recommending the issuance of tax-exempt general obligation bonds as a suitable financing option for the following reasons: - The issuance is a viable option available to finance these types of projects under state law and federal regulations. - The issuance conforms to the existing covenants and original intent of the refunded debt. - The issuance is in accordance with the City's past practices to finance these types of projects with this type of debt issue. - This option is the most overall cost effective debt option that still maintains future flexibility for the repayment of debt. Method of Sale/Placement: In order to obtain the lowest interest cost to the City, we will competitively bid the purchase of the Bonds from local and national underwriters/banks. For the 2015A Bonds, we have included an allowance for discount bidding equal to 1.20% of the principal amount of the issue. For the 2015B and 2015C Refunding Bonds, we have included an allowance for discount bidding equal to 1.00% of the principal amount of the issue. The discount is treated as an interest item and provides the underwriter with all or a portion of their compensation in the transaction. If the Bonds are purchased at a price greater than the minimum bid amount (maximum discount), the unused allowance may be used to lower your borrowing amount. Premium Bids: Under current market conditions, most investors in municipal bonds prefer "premium" pricing structures. A premium is achieved when the coupon for any maturity (the interest rate paid by the issuer) exceeds the yield to the investor, resulting in a price paid that is greater than the face value of the bonds. The sum of the amounts paid in excess of face value is considered "reoffering premium." The amount of the premium varies, but it is not uncommon to see premiums for new issues in the range of 2.00% to 10.00% of the face amount of the issue. This means that an issuer with a $2,000,000 offering may receive bids that result in proceeds of $2,040,000 to $2,200,000. You have directed Ehlers to reduce the size of the 2015A Bonds by any premium bid. Any premium bid for the 2015B or 2015C Refunding Bonds will be used to reduce the size of the applicable issue. The adjustments may slightly change the Presale Report October 6, 2015 City of Mendota Heights, Minnesota Page 3 page 65 true interest cost calculation of the original bid, either up or down. Review of Existing Debt: We have reviewed all outstanding indebtedness for the City and find that, other than the 2007A and 2008A obligations proposed to be refunded, there are no other viable current refunding opportunities at this time. We will continue to monitor the market and the call dates for the City's outstanding debt and will alert you to any future refunding opportunities. Continuing Disclosure: Because the City has more than $10,000,000 in outstanding debt (including this issue) and this issue is over $1,000,000, the City will be agreeing to provide certain updated Annual Financial Information and its Audited Financial Statement annually as well as providing notices of the occurrence of certain "material events" to the Municipal Securities Rulemaking Board (the "MSRB"), as required by rules of the Securities and Exchange Commission (SEC). The City is already obligated to provide such reports for its existing bonds, and has contracted with Ehlers to prepare and file the reports. Arbitrage Monitoring: Because the Bonds are tax-exempt securities/tax credit securities, the City must ensure compliance with certain Internal Revenue Service (IRS) rules throughout the life of the issue. These rules apply to all gross proceeds of the issue, including initial bond proceeds and investment earnings in construction, escrow, debt service, and any reserve funds. How issuers spend bond proceeds and how they track interest earnings on funds (arbitrage/yield restriction compliance) are common subjects of IRS inquiries. Your specific responsibilities will be detailed in the Nonarbitrage Certificate prepared by your Bond Attorney and provided at closing. We recommend that you regularly monitor compliance with these rules and/or retain the services of a qualified firm to assist you. You have retained Ehlers to assist you with compliance with these rules. Risk Factors: 2015A Bonds: Special Assessments. We have assumed 25% pre -paid special assessments and that assessments will be levied as projected by the City. If the City receives a significant increase in the amount of pre -paid assessments or does not levy the assessments, it may need to increase the levy portion of the debt service to make up for lower interest earnings than the expected assessment interest rate. 2015B and 2015C Refunding Bonds: Current Refunding. The 2015B and 2015C Refunding Bonds are being issued for the purpose of current refunding prior City debt obligations. Those prior debt obligations are "callable" February 1, 2016 and can therefore be paid off within 90 days or less. The new 2015B Bonds will not be pre -payable. The new 2015C Bonds will not be pre -payable until February 1, 2024. Each refunding is being undertaken based in part on an assumption that the City does not expect to use additional future revenue to prepay this debt and that market conditions warrant the refinancing at this time. Presale Report October 6, 2015 City of Mendota Heights, Minnesota Page 4 page 66 Other Service Providers: This debt issuance will require the engagement of other public finance service providers. This section identifies those other service providers, so Ehlers can coordinate their engagement on your behalf Where you have previously used a particular firm to provide a service, we have assumed that you will continue that relationship. For services you have not previously required, we have identified a service provider. Fees charged by these service providers will be paid from proceeds of the obligation, unless you notify us that you wish to pay them from other sources. Our pre -sale bond sizing includes a good faith estimate of these fees, so their final fees may vary. If you have any questions pertaining to the identified service providers or their role, or if you would like to use a different service provider for any of the listed services please contact us. Bond Attorney: Briggs and Morgan, Professional Association Paying Agent: Bond Trust Services Corporation Rating Agency: Standard & Poor's This presale report summarizes our understanding of the City's objectives for the structure and terms of this financing as of this date. As additional facts become known or capital markets conditions change, we may need to modify the structure and/or terms of this financing to achieve results consistent with the City's objectives. Presale Report October 6, 2015 City of Mendota Heights, Minnesota Page 5 page 67 Proposed Debt Issuance Schedule Pre -Sale Review by City Council: October 6, 2015 Distribute Official Statement: Week of October 19, 2015 Conference with Rating Agency: Week of October 26, 2015 City Council Meeting to Award Sale of the Bonds: November 3, 2015 Estimated Closing Date: November 24, 2015 Attachments Sources and Uses of Funds Proposed Debt Service Schedule Resolution Authorizing Ehlers to Proceed With Bond Sale Ehlers Contacts Municipal Advisors: Disclosure Coordinator: Financial Analyst: Stacie Kvilvang Nick Anhut Elizabeth Greiter Alicia Gage (651) 697-8506 (651) 697-8507 (651) 697-8550 (651)697-8551 The Official Statement for this financing will be mailed to the City Council at their home address or e-mailed for review prior to the sale date. AmPresale Report October 6, 2015 City of Mendota Heights, Minnesota Page 6 page 68 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com CITY OF MENDOTA HEIGHTS DATE: October 6, 2015 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: City Administrator Service Club Membership/ Continuing Education Expenses COMMENT: INTRODUCTION The Council is asked to authorize the payment of membership dues for City Administrator Mark McNeill's member in the West St. Paul/Mendota Heights Rotary Club, and participation in the Senior Manager and Administrator Leadership Growth Group. BACKGROUND My employment agreement with the City of Mendota Heights states that: "The City agrees to budget and pay the professional dues and subscriptions of Employee as the City Council determines to e necessary for his full participations in associations and organizations necessary and desirable for his continued professional growth and development. Specifically covered herein shall be Employee's dues to the International City Management Association, the Minnesota City Management Association, and the Metropolitan Area Management Association. All other payments for dues and subscriptions must be approved in advance by the Council. " (Section 11) Under the "all other payments for due..." section, I ask that the Council approve payment for my dues in the West St. Paul/Mendota Heights Rotary Club. I transferred my previous membership to that club shortly after I began with Mendota Heights. I feel that membership in Rotary enhances my presence in the community, and makes my job as City Administrator more effective. Going forward, I ask that the City pay the dues for membership in that club. In addition, Section 12 of that agreement covers Conferences, Schools, and Other Training. In it, it states:... "(The) City will annually consider paying for the Effective Management Training Course... " page 69 For more than 10 years, I have been a participant in the "Senior Manager and Administrator Leadership Growth and Leadership Group" which is the course referenced in the Employment Agreement. Membership is comprised of about a dozen of my city management peers. The group meets every other month for 3 hours; the meetings consist of the review of a book and other printed material on topics of organizational development or leadership which we have been given as an assignment, and discusses other timely management issues of the day. BUDGET IMPACT While subject to change, the current dues for Rotary are $31.50 per quarter, or $126.00 annually. I will pay for meals, and the initiation fee. The annual tuition for the Effective Senior Management and Leadership is $600. I will pay for books and printed materials. I am paid through 2015; this request is for participation in 2016. Both amounts are provided in the departmental budget for Administration. RECOMMENDATION I ask that the Council approve payment of my future dues for membership in the West St. Paul/Mendota Heights Rotary Club, and for the 2016 tuition for the Senior Manager and Administrator Leadership Growth and Leadership Group. Mark McNeill, City Administrator page 70 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-helghts.com Of { CITY OF MJ MENDOTA HEIGHTS DATE: October 6, 2015 TO: Mayor, City Council and City Administrator FROM: Terry Blum, Public Works Superintendent SUBJECT: Purchase of a New Gate Operator at Public Works BACKGROUND Public Works would like to install a gate operator for safety reasons. This motorized gate opener will be installed on the existing gate in the back lot of the public works building. BUDGET IMPACT In the 2015 Budget, there is money in the building maintenance line item from the three departments (streets, utilities, and parks) to buy and install a new gate operator. Three quotes were obtained and they are: Crawford Door Service Co. $5,300.00, Sachs Fence, LLC $5,500.00 and Midwest Fence $5,891.00. The quotes include the motorized gate control and safety measures. RECOMMENDATION Staff recommends that the City Council authorize the issuance of a purchase order to Crawford Door Service Co. for their low bid of $5,300.00 to install a gate operator at Public Works with the funds to be split equally from the three departments. If the City Council concurs with the recommendation, they should pass a motion authorizing a purchase order to Crawford Door Service Co. for their low bid of $5,300.00 to install a new motorized gate control with the funds to be split equally from the three departments. This action requires a simple majority vote. 1101 Victoria Curve I P@WtialHeights, MN 55118 651.452.1850 phone 1 651,452.8940 fax www.mendota-heights.com CITY OF MENDDTA HEIGHTS DATE: October 6, 2015 TO: Mayor, City Council and City Administrator FROM: Sue Donovan, I.T. Manager SUBJECT: Computer Network Infrastructure Purchase The life cycle of network switches as dictated by the manufacturer, Cisco Systems Inc., is five years. In December of 2015, fire and public works network equipment will have reached its life cycle. Once equipment has reached its life cycle, it is no longer under warranty. $8,000 was budgeted in the 2015 budget under Administration Capital. From this line item, I propose purchasing two switches with the funds as well as paying for the LOGIS configuration fee. (Per the NDC4 agreement, changes to the core router must be done by either LOGIS or OET group.). BUDGETIMPACT I recommend that the city purchase two Cisco Catalyst 3650 switches for the amount of $5,850, including an additional $1,000 for the LOGIS configuration fee. $8,000 was allocated in the approved 2015 budget. RECOMMENDED ACTION If the City Council desires to implement the recommendation, pass a motion authorizing the City Administrator to sign the purchase order. -Umggoypo g?. r K S .,T 0 z R , 0 c a a a 5; page 72 0 -0 () 0 U > 0 C cn m �. C) C: CD . �, TO K) ,O 0) > T z > N f0 W IJ 0) >Cl) m >Cl) m z a) 0 -A. 00 Zone Er 0 W o =r > 0 > > 3 c) C: 0 :3 0 0 CD to nm PO W M m o 0 to 4 CD 0 u) r m 13 0 m e 0 m 0 4�- cr Q0 m C: z z -;E -Z— Z z Z CL CL CL CL dada Z z N 0 0 M M 0 0000 a C) . 0 0 P0P0 b b C) b Sao 0 O 0 0 0 0 , 0 C) 0 0P 0 Plo bnb .0 . 0000 0 C, C, 0 U, Cl) I cn P (D C c 17 -1,9 0 fA 0) w (D 0 P P 0 0 00 00 P 0 0 -4 P OO 0 C) 0 0 11 ....... . ..... 0 01 C, 0 -j P 0 -Umggoypo g?. r K S .,T 0 z R , 0 c a a a 5; page 72 page 73 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1651.452.8940 fax www.rrendota-heights.com s CITY OF MENDOTA HEIGHTS DATE: October 6, 2015 TO: Mayor, Council and City Administrator FROM: Mike Aschenbrener, Chief of Police / Emergency Manager SUBJECT: RESOLUTION 2015-75 FORMALLY ACCEPTING A GIFT TOWARD THE SCOTT PATRICK MEMORIAL 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 we received a gentleman, Warren White, stopped by city hall to drop off a check and spoke with Pam Deeb. He explained to her that he drives through town every week on his way to the VA. He wanted us to know that the police officers were in his thoughts every week as he drove through the city he spoke of the tough year and all of the bad press police were receiving. He did not specifically say this donation should be used for the memorial but based upon the conversation that would be the recommendation. I recommend the City Council pass the attached resolution accepting the donation to the police department to go toward the Police Officer memorial. A thank you letter will be sent after the resolution has been passed. BUDGET IMPACT The acceptance of this gift will help with a permanent memorial. RECOMMENDATION If Council desires to implement the recommendation, a motion will need to be passed adopting RESOLUTION NO. 2015-75 "FORMALLY ACCEPTING A GIFT TOWARD THE SCOTT PATRICK MEMORIAL." page 74 City of Mendota Heights Dakota County, Minnesota RESOLUTION 2015 - 75 RESOLUTION FORMALLY ACCEPTING A GIFT TOWARDS THE SCOTT PATRICK MEMORIAL WHEREAS, the City of Mendota Heights desires to memorialize Officer Scott Patrick; and WHEREAS, the Minnesota State Statute requires a resolution to accept 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 of Mendota Heights encourages and supports citizens who wish to participate in government; 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 Warren White for use towards an Officer Memorial. Adopted by the City Council of the City of Mendota Heights this 6th day of October 2015. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST: Lorri Smith, City Clerk page 75 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-helghts.com , S of M i CITY OF MENDOTA HEIGHTS DATE: October 6, 2015 TO: Mayor, City Council and City Administrator FROM: Dave Dreelan, Assistant Fire Chief SUBJECT: August 2015 Monthly Synopsis Fire Calls The department responded to 31 calls for the month. The majority of calls were classified as false alarms or as good intent calls. There were 11 calls that were residential in nature, of the other calls; six were commercial responses, five were EMS calls, four were utility checks, two car fires, one police assist, one accident with injuries, and one call for a water rescue on the river. Monthly Department Training The department training focused on fire department communication. Communication on the fire -ground can be very confusing. Members reviewed radio communications, fire ground terminology, and the incident command system. Monthly Squad Training The squad training for the month required each firefighter to participate in our annual fire pump certification program. Once a year, each of our firefighters go through an evaluation process to make sure they are each capable of getting one of our trucks to the scene of an incident, charge the initial attack lines, and establish a water supply from the hydrant - all without any assistance. MENDOTA HEIGHTS FIRE DEPARTMENT AUGUST 2015 MONTHLY REPORT FIRE CALLS NO. 15144 - 15174 NUMBER OF CALLS FIRE ALARMS DISPATCHED: NUMBER STRUCTURE CONTENTS ACTUAL FIRES $0 Structure - MH Commercial $0 Structure - MH Residential TO DATE Structure - Contract Areas MENDOTA HEIGHTS Vehicle - MH 1 Vehicle - Contract Areas MENDOTA Grass/Brush/No Value MH 3 Grass/Brush/No Value Contract SUNFISH LAKE MEDICAL 9 Assist 4 Extrication 1 HAZARDOUS SITUATION OTHER Spills/Leaks 2 Arcing/Shorting 1 Chemical 174 Power Line Down WORK PERFORMED FALSE ALARM TO DATE Residential Malfunction 3 Commercial Malfunction 1 Unintentional - Commercial 2 Unintentional - Residential 4 Criminal DRILLS GOOD INTENT 1191.5 Smoke Scare 2 Steam Mistaken for Smoke 285.5 Other 10 MUTUAL AID 1723.5 page 76 31 $2,510 $100,000 $0 $16,000 $25,900 $0 TOTAL MONTHLY FIRE LOSSES $0 $0 $16,000 FIRE LOSS TOTALS MENDOTA HEIGHTS ALL FIRES, ALL AREAS (MONTH) $16,000 $128,410 MEND. HTS. ONLY STRUCT/CONTENTS $100,010 MEND. HTS. ONLY MISCELLANEOUS $27,400 MEND. HTS. TOTAL LOSS TO DATE $127,410 BILLING FOR SERVICES TOTAL CALLS $0 31 $0 LOCATION OF FIRE ALARMS: TO DATE LAST YEAR MENDOTA HEIGHTS 25 145 169 MENDOTA 1 3 4 SUNFISH LAKE 2 9 10 LI LYDALE 3 10 17 OTHER 0 7 6 TOTAL 31 174 206 WORK PERFORMED HOURS TO DATE LAST YEAR FIRE CALLS 450 2787.5 3527 MEETINGS 37 229.5 264.5 DRILLS 122 1191.5 1187.5 WEEKLY CLEAN-UP 39.5 285.5 285 SPECIAL ACTIVITY 200 1723.5 2821.25 ADMINISTATIVE 0 0 0 FIRE MARSHAL 58 417 442 TOTALS 906.5 6634.5 8527.25 MN/DOT $0 MILW. RR $0 CNR RR $0 OTHERS: $0 TOTALS: $0 $0 FIRE MARSHAL'S TIME FOR MONTH INSPECTIONS 33 INVESTIGATIONS 0 RE -INSPECTION 0 MEETINGS 4 ADMINISTRATION 18 SPECIAL PROJECTS 3 TOTAL 58 REMARKS: SEE OTHER SIDE FOR SYNOPSIS page 77 1101 Victoria Curve I Mendota Heights, MPJ 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com CITY OF MENDaTA HEIGHTS DATE: October 6, 2015 TO: Mayor and City Council FROM: Sloan Wallgren, Recreation Program Coordinator SUBJECT: August Par 3 Update Update The golf course was very busy during the month of August. All of our golf leagues have finished for the season, and staff has already booked them for next year. The course is currently remaining busy with a good mixture of golfers and footgolfers. With the cooler temperatures at nights and the loss of daylight we will continue to adjust our hours of operation accordingly, but will remain open for business until the snow flies. Maintenance Update The course remains in great condition. We have been very fortunate with the weather this year, and the course conditions reflect the outstanding weather. We have delayed aerating the greens until the week of October Stn We will be doing some prep work this fall to add several flower beds on the golf course next year. Staff will also be adding several recycling containers on the golf course next year to keep up with our efforts to increase recycling opportunities in our park system. Budget Total sales for the month of August were $26,880 and total expenses were $20,592. Total sales for the year through August are $137,404 and expenses are $103,000 resulting in a net profit of $34,404 year to date. page 78 MENDOTA HEIGHTS PAR 3 BUDGET TO ACTUAL REPORT August 2015 (66.66% OF YEAR) REVENUES AUGUST YTD YTD BUDGET 2015 2015 % GREENS, LEAGUE & TOURN FEES $105,000 $20,493 $86,012 81.92% RECREATION PROGRAMS $35,000 $1,481 $33,912 96.89% CONCESSIONS $21,000 $4,906 $17,370 82.72% SUNDRY REVENUE $100 $0 $109 109.25% INTEREST $250 $0 $0 0.00% CAPITAL CONTRIBUTIONS $0 $0 $0 0.00% PAR 3 FUND REVENUE TOTAL $161,350 $26,880 $137,404 85.16% EXPENDITURES AUGUST YTD YTD BUDGET 2015 2015 % CLUBHOUSE SALARIES $30,000 $6,415 $23,126 77.09% ADMINISTRATIVE SALARIES $25,043 $1,951 $17,094 68.26% FICA/PERA $9,854 $1,202 $6,341 64.34% MEDICAL INSURANCE $7,144 $490 $3,921 54.88% U/E & W/C INSURANCE $1,250 $0 $1,536 122.87% RENTALS $2,500 $64 $2,464 98.54% UTILITIES $10,400 $1,510 $6,921 66.55% PROFESSIONAL FEES - AUDIT $2,500 $1,367 $2,513 100.53% PROF FEES - CONSULTING FEES $300 $0 $332 110.67% PROF FEES - GROUNDS MGMT $6,000 $1,000 $5,000 83.33% PROF FEES - GROUNDS WAGES $18,000 $1,936 $10,797 59.98% PROF FEES - TREE MAINTENANCE $0 $0 $0 0.00% ADVERTISING/NEWSLETTER $400 $0 $159 39.74% LIABILITY/AUTO INSURANCE $3,300 $0 $3,383 102.50% OPERATING COSTS/SUPPLIES $5,500 $2,561 $5,669 103.08% FUEL $2,500 $212 $1,141 45.64% REPAIRS & MAINTENANCE $16,500 $1,293 $8,591 52.07% SUNDRY/DUES/MILEAGE/CLOTHING $2,800 $6 $1,574 56.23% CONTINGENCY $0 $0 $0 0.00% ONLINE REG & CREDIT CARD FEES $2,700 $585 $2,439 90.33% PAR 3 EXPENDITURES TOTAL $146,691 $20,592 $1039000 70.22% page 79 MENDOTA HEIGHTS PAR 3 BUDGET TO ACTUAL REPORT August 2014 AND 2015 REVENUES Aug Aug YTD YTD 2014 2015 2014 2015 GREENS, LEAGUE, TOURNAMENT FEES $14,932 $20,493 $65,984 $86,012 RECREATION PROGRAMS $2,401 $1,481 $35,637 $33,912 CONCESSIONS $3,771 $4,906 $13,906 $17,370 SUNDRY REVENUE $0 $0 $113 $109 INTEREST $0 $0 $0 $0 CAPITAL CONTRIBUTIONS $0 $0 $0 $0 PAR 3 FUND REVENUE TOTAL $21,104 $26,880 $115,640 $137,404 EXPENDITURES CLUBHOUSE SALARIES $8,338 $6,415 $18,222 $23,126 ADMINISTRATIVE SALARIES $2,792 $1,951 $16,514 $17,094 FICA/PERA $1,722 $1,202 $5,090 $6,341 MEDICAL INSURANCE $490 $490 $3,917 $3,921 U/E & W/C INSURANCE $0 $0 $1,223 $1,536 RENTALS $1,153 $64 $2,340 $2,464 UTILITIES $1,617 $1,510 $5,837 $6,921 PROFESSIONAL FEES -AUDIT $0 $1,367 $2,425 $2,513 PROF FEES -CONSULTING FEES $0 $0 $1,520 $332 PROF FEES -GROUNDS MGMT $1,000 $1,000 $5,000 $5,000 PROF FEES -GROUNDS WAGES $3,727 $1,936 $9,841 $10,797 PROF -FEES -TREE MAINTENANCE $0 $0 $0 $0 ADVERTISING/NEWSLETTER $0 $0 $205 $159 LIABILITY/AUTO INSURANCE $282 $0 $3,242 $3,383 OPERATING COSTS/SUPPLIES $2,057 $2,561 $3,951 $5,669 FUEL $348 $212 $1,394 $1,141 REPAIRS & MAINTENANCE $2,572 $1,293 $6,741 $7,298 SUNDRY/DUES/MILEAGE/CLOTHING $87 $6 $2,284 $1,574 CAPITAL OUTLAY $0 $0 $0 $0 ONLINE REG & CREDIT CARD FEES $424 $585 $1,905 $2,439 CONTINGENCY $0 $0 $1,760 $0 PAR 3 EXPENDITUES TOTAL $26,610 $20,592 $93,409 $103,000 page 80 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www mendota-heiglits.com CITY OF MENOOTA HEIGHTS DATE: October 6, 2015 TO: Mayor, City Council and City Administrator FROM: Kristen Schabacker, Finance Director SUBJECT: Claims List Summary Significant Claims Metro Council Environmental Services — SAC & Sewer Service $ 101,715.34 US Bank — Monthly Credit Card Transactions $ 4,695.78 A to Z Home Inspections — September Inspections $ 5,937.50 Continental Safety Equipment — Safety Improvements $ 4,682.69 Emergency Automotive Technologies — New Squad Setup $ 7,626.54 Great River Greening _ Valley Park Vegetation Management $ 5,000.00 Mansfield Oil Company — Fuel $ 7,991.64 PAC — Repair Catch Basins/Storm Water/City Hall Work $ 18,575.00 Sir Lines -A -Lot — Street Striping $ 15,729.80 SPRWS — Water Service $ 5,864.16 Manual Checks Total System Checks Total Total for the list of claims for the October 6, 2015 city council meeting RECOMMENDATION: Approval of the list of claims for October 6, 2015. $ 182,631.51 $ 147,945.83 $ 330,577.34 page 81 CITY OF MENDOTA HEIGHTS 10/01/1511:14 AM Page 1 Claims List MANUALCHECKS 9/30/16 MAN2 Account Comments DEPT Descr Amount Search Name MENDOTA HEIGHTS, CITY OF G 45-1155 CREDIT CARD TRANSFER $16,000.00 G 15-1155 CREDIT CARD TRANSFER $2,000.00 G 01-1155 CREDIT CARD TRANSFER $10,000.00 Search Name MENDOTA HEIGHTS, CITY OF $28,000.00 $28,000.00 page 82 CITY OF MENDOTA HEIGHTS 10/01/15 11:14 AM Page 1 Claims List MANUAL CHECKS 09/30/15 MAN Account Comments DEPT Descr Amount Search Name GLOBAL EQUIPMENT COMPANY E 01-4300-020-20 VOID #087393 Police -$175.94 Search Name GLOBAL EQUIPMENT COMPANY -$175.94 Search Name HOME DEPOT CREDIT SERVICES G 45-2035 PAINTING SUPPLIES - PAR3 -$1.84 E 01-4330-460-30 EQUIPMENT REPAIR PARTS - FIRE DEPT Fire $54.31 E 01-4330-460-30 EQUIPMENT REPAIR PARTS - FIRE DEPT Fire $59.67 E 45-4335-045-45 PAINTING SUPPLIES - PAR3 Golf Course $28.67 E 08-4335-000-00 CLEANING SUPPLIES - CITY HALL Spec Fds $15.43 E 01-4330-490-70 EQUIPMENT REPAIR PARTS - PARKS Parks & Recreation $104.24 G 45-2035 EQUIPMENT REPAIR - PAR3 -$2.06 E 45-4330-490-45 EQUIPMENT REPAIR - PAR3 Golf Course $32.06 E 01-4305-070-70 OPERATING SUPPLIES - PARKS Parks & Recreation -$10.86 E 01-4305-070-70 OPERATING SUPPLIES - PARKS Parks & Recreation $163.32 E 45-4330-490-45 EQUIPMENT REPAIR PARTS - PAR3 Golf Course $20.25 G 45-2035 PAINTING SUPPLIES - PAR3 -$0.52 E 45-4335-045-45 PAINTING SUPPLIES - PAR3 Golf Course $9.00 E 01-4305-070-70 OPERATING SUPPLIES - PARKS Parks & Recreation $87.82 E 15-4330-490-60 EQUIPMENT REPAIR PARTS - SEWER Utility Enterprise $2.80 E 15-4305-060-60 OPERATING SUPPLIES - SEWER Utility Enterprise $26.29 E 01-4330-460-30 EQUIPMENT REPAIR PARTS - FIRE DEPT Fire -$47.97 G 45-2035 EQUIPMENT REPAIR PARTS - PAR3 -$1.30 Search Name HOME DEPOT CREDIT SERVICES $539.31 Search Name I C M A RETIREMENT 457 G 01-2072 09/11/2015 PAYROLL $2,066.61 G 01-2072 09/25/2015 PAYROLL $2,043.41 Search Name I C M A RETIREMENT 457 $4,110.02 Search Name METRO COUNCIL ENVIRONMENT SVC R 15-3320 AUG 2015 SAC CHARGES $4,970.00 R 15-3615 AUG 2015 SAC CHARGES -$49.70 E 15-4449-060-60 OCT 2015 SEWER SERVICE Utility Enterprise $96,795.08 Search Name METRO COUNCIL ENVIRONMENT SVC $101,715.38 Search Name MUNICI-PALS E 01-4400-110-10 CONF. REGISTRATION - P. DEEB Administration $39.00 E 15-4400-060-60 CONF. REGISTRATION - S. HINZE Utility Enterprise $39.00 E 05-4400-105-15 CONF. REGISTRATION - N. BAUER Engineering Enterprise $39.00 Search Name MUNICI-PALS $117.00 Search Name NATIONWIDE RETIREMENT SOLUTION G 01-2072 09/11/2015 PAYROLL $50.00 G 01-2072 09/25/2015 PAYROLL _ $50.00 Search Name NATIONWIDE RETIREMENT SOLUTION $100.00 Search Name SAM S CLUB E 01-4300-070-70 OFFICE SUPPLIES - PARKS Parks & Recreation $7.91 E 45-4310-210-45 CONCESSIONS - PAR3 Golf Course $124.33 E 01-4435-200-70 PLAYGROUNDS SUPPLIES Parks & Recreation $36.49 E 45-4310-210-45 CONCESSIONS - PAR3 Golf Course $280.38 E 45-4310-210-45 CONCESSIONS - PAR3 Golf Course $137.38 E 45-4310-210-45 CONCESSIONS - PAR3 Golf Course $226.13 Search Name SELECT ACCOUNT E 01-4131-110-10 SEPT 2015 HSA CONTRIBUTION Administration page 83 G 01-2071 CITY OF MENDOTA HEIGHTS 10/01/15 11:14 AM $2,385.32 E 01-4131-070-70 SEPT 2015 HSA CONTRIBUTION Page 2 $257.69 Claims List SEPT 2015 HSA CONTRIBUTION Engineering Enterprise $438.46 MANUALCHECKS SEPT 2015 HSA CONTRIBUTION Police $1,919.89 09/30/16 MAN SEPT 2015 HSA CONTRIBUTION Road & Bridges Account Comments DEPT Descr Amount E 01-4435-200-70 PARK PROGRAM SUPPLIES Parks & Recreation $65.33 E 45-4310-210-45 CONCESSIONS - PAR3 Golf Course $83.82 E 45-4490-045-45 OPERATING SUPPLIES - PAR3 Golf Course $260.74 Search Name SAM S CLUB OCT 2015 HEALTH INS. PREMIUM Engineering Enterprise $1,222.51 Search Name SELECT ACCOUNT E 01-4131-110-10 SEPT 2015 HSA CONTRIBUTION Administration $334.62 G 01-2071 SEPT 2015 HSA CONTRIBUTION $2,385.32 E 01-4131-070-70 SEPT 2015 HSA CONTRIBUTION Parks & Recreation $257.69 E 05-4131-105-15 SEPT 2015 HSA CONTRIBUTION Engineering Enterprise $438.46 E 01-4131-020-20 SEPT 2015 HSA CONTRIBUTION Police $1,919.89 E 01-4131-050-50 SEPT 2015 HSA CONTRIBUTION Road & Bridges $257.69 Search Name SELECT ACCOUNT $5,593.67 Search Name SW/WC SERVICE COOPERATIVES G 01-2074 OCT 2015 HEALTH INS. PREMIUM $3,602.00 G 01-2071 OCT 2015 HEALTH INS. PREMIUM $3,620.00 E 05-4131-105-15 OCT 2015 HEALTH INS. PREMIUM Engineering Enterprise $2,556.00 E 01-4131-070-70 OCT 2015 HEALTH INS. PREMIUM Parks & Recreation $1,313.00 E 01-4131-050-50 OCT 2015 HEALTH INS. PREMIUM Road & Bridges $5,048.00 E 01-4131-020-20 OCT 2015 HEALTH INS. PREMIUM Police $13,410.00 E 01-4131-110-10 OCT 2015 HEALTH INS. PREMIUM Administration $4,908.00 Search Name SW/WC SERVICE COOPERATIVES $34,457.00 Search Name U. S. BANK E 10-4490-000-00 TENNIS BOARD - MARIE PARK Spec Fds $1,299.00 E 01-4403-030-30 TRAINING SUPPLIES - FIRE DEPT Fire $379.59 E 01-4490-109-09 MEETING SUPPLIES City Council $72.85 E 01-4400-020-20 TRAVEL EXPENSE - CH. WILLSON Police $123.73 E 01-4400-020-20 TRAVEL EXPENSE - CH. WILLSON Police $367.20 E 01-4403-030-30 FIRE PREVENTION SUPPLIES Fire $126.45 E 10-4490-000-00 PICKLEBALL SUPPLIES Spec Fds $12.17 E 45-4305-045-45 OPERATING SUPPLIES - PAR3 Golf Course $72.82 E 10-4490-000-00 PICKLEBALL SUPPLIES Spec Fds $86.67 E 45-4334-045-45 GOLF MAINTENANCE EQUIPMENT Golf Course $119.63 E 01-4435-200-70 SENIOR PROGRAMS SUPPLIES Parks & Recreation $74.40 E 01-4400-110-10 CONF. REGISTRATION - H. GALIOV Administration $225.00 E 01-4300-020-20 OFFICE SUPPLIES - PD Police $175.94 E 01-4305-020-20 OPERATING SUPPLIES - PD Police $65.22 E 01-4400-080-80 CONF. REGISTRATION - N. WALL Planning $300.00 E 45-4490-045-45 GOLF LEAGUE PRIZES Golf Course $40.00 E 45-4305-045-45 OPERATING SUPPLIES - PAR3 Golf Course $96.21 E 10-4490-000-00 PICKLEBALL NETS Spec Fds $952.19 E 01-4490-109-09 BUDGET WORKSHOP SUPPLIES City Council $106.71 Search Name U. S. BANK $4,695.78 Search Name UNITED WAY OF ST. PAUL G 01-2070 09/25/2015 PAYROLL $49.00 G 01-2070 09/11/2015 PAYROLL $49.00 Search Name UNITED WAY OF ST. PAUL $98.00 Search Name US POSTAL SERVICE G 01-1210 REPLENISH POSTAGE METER $1,200.00 Search Name US POSTAL SERVICE $1,200.00 page 84 CITY OF MENDOTA HEIGHTS 10/01/1511:14 AM Page 3 Claims List MANUALCHECKS 09/30/15 MAN Account Comments DEPT Descr Amount Search Name XCEL ENERGY E 01-4211-320-70 E 45-4211-047-45 E 45-4212-046-45 E 45-4211-046-45 E 01-4212-320-70 Search Name XCEL ENERGY AUG 2015 UTILITIES AUG 2015 UTILITIES AUG 2015 UTILITIES AUG 2015 UTILMES AUG 2015 UTILITIES Parks & Recreation $12.34 Golf Course $793.66 Golf Course $28.60 Golf Course $114.56 Parks & Recreation $9.62 $958.78 �154�b31.51 page 85 CITY OF MENDOTA HEIGHTS 10/01/15 11:16 AM Page 1 Claims List SYSTEM CHECKS 10/06/15 PAY Account Comments DEPT Descr Amount Search Name EDEN PRAIRIE, CITY OF E 01-4400-030-30 FIRE DEPT TRAINING - D. STEIN Fire $175.00 Search Name EDEN PRAIRIE, CITY OF $175.00 Search Name 1, 2, TREE, LLC E 01-4500-050-50 TREE REMOVAL Road & Bridges $1,500.00 Search Name 1, 2, TREE, LLC $1,500.00 Search Name 4 PAWS ANIMAL CONTROL LLC G 01-2035 AUG 2015 ANIMAL CONTROL -$20.63 E 01-4225-800-90 AUG 2015 ANIMAL CONTROL Animal Control $320.63 Search Name 4 PAWS ANIMAL CONTROL LLC $300.00 Search Name A TO Z HOME INSPECTION, LLC E 01-4231-040-40 SEPT 2015 INSPECTIONS Code Enforcement/Inspe $5,937.50 Search Name A TO Z HOME INSPECTION, LLC $5,937.50 Search Name ADVANTAGE SIGNS & GRAPHICS E 01-4420-050-50 STREET SIGNS Road & Bridges $239.90 Search Name ADVANTAGE SIGNS & GRAPHICS $239.90 Search Name ALLIANCE BENEFIT GROUP E 01-4490-110-10 AUG 2015 COBRA ADMIN. FEE Administration $10.00 Search Name ALLIANCE BENEFIT GROUP $10.00 Search Name ALLSTATE PETERBILT E 01-4330-490-50 EQUIPMENT REPAIR PARTS - STREETS Road & Bridges $77.56 E 01-4330-460-30 EQUIPMENT REPAIR PARTS - FIRE DEPT Fire $56.79 E 01-4330-490-70 EQUIPMENT REPAIR PARTS - PARKS Parks & Recreation $7.82 E 01-4330-490-70 EQUIPMENT REPAIR PARTS - PARKS Parks & Recreation $9.93 Search Name ALLSTATE PECERBILT $152.10 Search Name AMERICAN FLEET SUPPLY E 01-4330-460-30 EQUIPMENT REPAIR PARTS - FIRE DEPT Fire $91.50 E 01-4330-490-50 EQUIPMENT REPAIR PARTS - STREETS Road & Bridges -$63.36 Search Name AMERICAN FLEET SUPPLY $28.14 Search Name AMERIPRIDE SERVICES E 01-4335-310-70 MAT SERVICE - PW GARAGE Parks & Recreation $30.60 E 15-4335-310-60 MAT SERVICE - PW GARAGE Utility Enterprise $30.60 E 08-43357000-00 MAT SERVICE - CITY HALL Spec Fds $153.59 E 01-4335-310-50 MAT SERVICE - PW GARAGE Road & Bridges $30.61 E 01-4335-310-70 MAT SERVICE - PW GARAGE Parks & Recreation $30.60 E 15-4335-310-60 MAT SERVICE - PW GARAGE Utility Enterprise $30.60 E 01-4335-310-50 MAT SERVICE - PW GARAGE Road & Bridges $30.61 Search Name AMERIPRIDE SERVICES $337.21 Search Name APACHE GROUP E 01-4305-070-70 OPERATING SUPPLIES - PARKS Parks & Recreation $194.40 E 01-4305-050-50 OPERATING SUPPLIES - PW SHOP Road & Bridges $31.45 E 08-4335-000-00 SUPPLIES - CITY HALL Spec Fds $96.92 E 01-4305-070-70 OPERATING SUPPLIES - PW SHOP Parks & Recreation $31.44 Search Name APACHE GROUP $354.21 Search Name ARROW MOWER INC. page 86 CITY OF MENDOTA HEIGHTS 10/01/1511:16 AM Page 2 Claims List SYSTEM CHECKS 10/06/15 PAY Account Comments DEPT Descr Amount E 01-4330-490-50 EQUIPMENT REPAIR PARTS - STREETS Road & Bridges $8.00 Search Name ARROW MOWER INC. $8.00 Search Name ASPEN MILLS E 01-4410-020-20 UNIFORMS - M. SHEPARD Police $351.10 E 01-4410-020-20 UNIFORMS - R. NELSON Police $170.85 Search Name ASPEN MILLS $521.95 Search Name ASSURANT EMPLOYEE BENEFITS E 01-4132-031-30 OCT 2015 LTD PREMIUM Fire $180.20 Search Name ASSURANT EMPLOYEE BENEFITS $180.20 Search Name BROOKLYN CENTER, CITY OF E 01-4400-114-14 IT SEMINAR - S. DONOVAN Info Tech $80.00 Search Name BROOKLYN CENTER, CITY OF $80.00 Search Name BYRNES, KEVIN E 01-4490-080-80 3RD QTR 2015 ARC MEETINGS Planning $50.00 Search Name BYRNES, KEVIN $50.00 Search Name C. DARLENE OEHLKE, CAP E 01-4220-110-10 09/15/15 CITY COUNCIL MEETING Administration $175.00 E 01-4220-080-80 09/22/15 PLANNING COMM. MEETING Planning $63.60 Search Name C. DARLENE OEHLKE, CAP $238.60 Search Name CAMELOT CLEANERS E 01-4410-020-20 UNIFORMS CLEANING - PD Police $98.75 Search Name CAMELOT CLEANERS $98.75 Search Name COW GOVERNMENT, INC E 01-4301-114-14 COMPURTER ACCESSORIES Info Tech $85.92 Search Name CDW GOVERNMENT, INC $85.92 Search Name CENTRAL IRRIGATION SUPPLY E 01-4330-215-70 IRRIGATION REPAIR PARTS Parks & Recreation $37.84 Search Name CENTRAL IRRIGATION SUPPLY $37.84 Search Name CONTINENTAL SAFETY EQ E 15-4305-060-60 SAFETY SUPPLIES & EQUIPMENT - SEWER Utility Enterprise $884.00 E 15-4305-060-60 SAFETY SUPPLIES & EQUIPMENT - SEWER Utility Enterprise $20.28 E 15-4305-060-60 SAFETY SUPPLIES & EQUIPMENT - SEWER Utility Enterprise $2,675.41 E 15-4305-060-60 SAFETY SUPPLIES & EQUIPMENT - SEWER Utility Enterprise $785.00 G 01-1145 SAFETY SUPPLIES & EQUIPMENT - LILYDALE $159.00 E 15-4305-060-60 SAFETY SUPPLIES & EQUIPMENT - SEWER Utility Enterprise $159.00 Search Name CONTINENTAL SAFETY EQ $4,682.69 Search Name COOL AIR MECHANICAL, INC. E 01-4330-490-70 HVAC REPAIRS - PW Parks & Recreation $524.26 E 15-4330-490-60 HVAC REPAIRS - PW Utility Enterprise $524.26 E 01-4330-490-50 HVAC REPAIRS - PW Road & Bridges $524.26 Search Name COOL AIR MECHANICAL, INC. $1,572.78 Search Name COSTELLO, CHRISTINE E 01-4490-080-80 3RD QTR PLANNING COMM. MEETINGS Planning $75.00 Search Name COSTELLO, CHRISTINE $75.00 Search Name EULLS MANUFACTURING CO., INC. E 29-4337-000-00 STORM SEWER REPAIRS Spec Fds $673.60 page 87 Spec Fds CITY OF MENDOTA HEIGHTS 10/01/15 11:16 AM $1,093.60 Search Name EVANS, JACK Page 3 Claims List Parks & Recreation $25.00 Search Name EVANS, JACK SYSTEM CHECKS $25.00 Search Name EVEREST EMERGENCY VEHICLES INC 10/06/15 PAY E 05-4330-490-15 ENGINEERING TRUCK PARTS Engineering Enterprise Account Comments DEPT Descr Amount Search Name CROSS NURSERIES INC E 01-4330-215-70 SHRUBS - PARKS Parks & Recreation $145.00 Search Name CROSS NURSERIES INC $145.00 Search Name DAHLBERG SERVICES INC E 15-4330-490-60 SEWER EQUIPMENT REPAIRS Utility Enterprise $130.00 Search Name DAHLBERG SERVICES INC $130.00 Search Name DAKOTA COUNTY RECORDER E 01-4220-080-80 AUG 2015 ABSTRACT FEES Planning $414.00 Search Name DAKOTA COUNTY RECORDER $414.00 Search Name DELL MARKETING L.P. 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E 29-4337-000-00 STORM SEWER REPAIRS Spec Fds $673.60 E 29-4337-000-00 STORM SEWER REPAIRS Spec Fds $420.00 Search Name EULLS MANUFACTURING CO., INC. $1,093.60 Search Name EVANS, JACK E 01-4490-070-70 3RD QTR 2015 PARK & REC. COMM. MEETING Parks & Recreation $25.00 Search Name EVANS, JACK $25.00 Search Name EVEREST EMERGENCY VEHICLES INC E 05-4330-490-15 ENGINEERING TRUCK PARTS Engineering Enterprise $15.00 CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 10/06/15 PAY 10/01/15 11:16 AM Page 4 Account Comments DEPT Descr Amount Search Name EVEREST EMERGENCY VEHICLES INC $15.00 Search Name FASTENAL INDUSTRIAL & CONSTR E 15-4305-060-60 OPERATING SUPPLIES - SEWER Utility Enterprise $6.00 Search Name FASTENAL INDUSTRIAL & CONSTR $6.00 Search Name FIELD, LITTON JR E 01-4490-080-80 3RD QTR 2015 PLANNING COMM. MEETINGS Planning $75.00 Search Name FIELD, LITTON JR $75.00 Search Name FLAGSHIP RECREATION E 01-4330-215-70 PLAYGROUND REPAIR PARTS Parks & Recreation $20.70 Search Name FLAGSHIP RECREATION $20.70 Search Name FLEET SERVICES E 01-4200-610-20 AUG 2015 SQUAD LEASES Police $5,119.26 Search Name FLEET SERVICES $5,119.26 Search Name FLEETPRIDE E 01-4330-490-50 EQUIPMENT REPAIR PARTS - STREETS Road & Bridges $221.16 E 01-4330-490-50 EQUIPMENT REPAIR PARTS - STREETS Road & Bridges $7.86 Search Name FLEETPRIDE $229.02 Search Name FORCE AMERICA E 01-4330-490-50 EQUIPMENT REPAIR PARTS - STREETS Road & Bridges $996.38 Search Name FORCE AMERICA $996.38 Search Name GALIOV, HRISTO E 01-4400-110-10 TRAVEL EXPENSE - H. GALIOV Administration $152.96 Search Name GALIOV, HRISTO $152.96 Search Name GRANNIS & HAUGE, P.A. E 01-4222-120-20 AUG 2015 LEGAL SERVICES Police $5,891.00 Search Name GRANNIS & HAUGE, P.A. $5,891.00 Search Name GREAT RIVER GREENING E 01-4330-215-70 VEGETATION MGMT - VALLEY PARK Parks & Recreation $5,000.00 Search Name GREAT RIVER GREENING $5,000.00 Search Name HANCO CORPORATION E 01-4305-050-50 OPERATING SUPPLIES - SHOP Road & Bridges $83.88 E 01-4305-070-70 OPERATING SUPPLIES - SHOP Parks & Recreation $83.87 E 15-4305-060-60 OPERATING SUPPLIES - SHOP Utility Enterprise $83.87 Search Name HANCO CORPORATION $251.62 Search Name HENNES, DOUG E 01-4490-080-80 3RD QTR 2015 PLANNING COMM. MEETING Planning $75.00 Search Name HENNES, DOUG $75.00 Search Name HINDERSCHEID, PAT E 01-4490-070-70 3RD QTR 2015 PARK & REC. COMM. MEETING Parks & Recreation $50.00 Search Name HINDERSCHEID, PAT $50.00 Search Name HOME DEPOT CREDIT SERVICES E 01-4336-050-50 MAIL BOX REPAIRS Road & Bridges $189.91 E 01-4330-490-70 EQUIPMENT REPAIR PARKS - PARKS Parks & Recreation $27.94 Search Name INNOVATIVE OFFICE SOLUTIONS E 01-4300-030-30 OFFICE SUPPLIES - FIRE DEPT E 01-4300-030-30 page 89 E 01-4300-110-10 CITY OF MENDOTA HEIGHTS 10/01/1511:16 AM OFFICE SUPPLIES - PD E 05-4300-105-15 OFFICE SUPPLIES - ENG. Page 5 OFFICE SUPPLIES - ADMIN Claims List OFFICE SUPPLIES - PD Search Name INNOVATIVE OFFICE SOLUTIONS $67.84 SYSTEM CHECKS $1,360.06 10/06/15 PAY Account Comments DEPT Descr Amount E 01-4335-310-50 BLDG MAINT. SUPPLIES - PW Road & Bridges $49.95 E 08-4335-000-00 BLDG REPAIR SUPPLIES - CITY HALL Spec Fds $27.95 E 01-4305-070-70 OPERATING SUPPLIES - PARKS Parks & Recreation $154.00 E 01-4403-030-30 TRAINING SUPPLIES - FIRE DEPT Fire $26.25 E 01-4403-030-30 TRAINING SUPPLIES - FIRE DEPT Fire $51.38 E 01-4305-050-50 OPERATING SUPPLIES - STREETS Road & Bridges $84.85 E 08-4335-000-00 BLDG REPAIR SUPPLIES - CITY HALL Spec Fds $65.98 Search Name HOME DEPOT CREDIT SERVICES $678.21 Search Name HOSE INC E 01-4330-490-50 EQUIPMENT REPAIR PARTS - STREETS Road & Bridges $296.65 E 01-4330-490-50 EQUIPMENT REPAIR PARTS - STREETS Road & Bridges $523.83 Search Name HOSE INC $820.48 Search Name IDENTISYS E 01-4301-020-20 ID CARD PRINTER Police $3,577.71 Search Name IDENTISYS $3,577.71 Search Name INNOVATIVE OFFICE SOLUTIONS E 01-4300-030-30 OFFICE SUPPLIES - FIRE DEPT E 01-4300-030-30 OFFICE SUPPLIES - FIRE DEPT E 01-4300-110-10 OFFICE SUPPLIES - ADMIN E 01-4300-020-20 OFFICE SUPPLIES - PD E 05-4300-105-15 OFFICE SUPPLIES - ENG. E 01-4300-110-10 OFFICE SUPPLIES - ADMIN E 01-4300-020-20 OFFICE SUPPLIES - PD Search Name INNOVATIVE OFFICE SOLUTIONS Search Name INTEGRA TELECOM E 01-4210-070-70 E 05-4210-105-15 E 15-4210-060-60 E 01-4210-020-20 E 01-4210-020-20 E 01-4210-110-10 E 01-4210-050-50 E 01-4210-040-40 Search Name INTEGRA TELECOM SEPT -OCT 2015 TELEPHONE SERVICE SEPT -OCT 2015 TELEPHONE SERVICE SEPT -OCT 2015 TELEPHONE SERVICE SEPT -OCT 2015 TELEPHONE SERVICE SEPT -OCT 2015 TELEPHONE SERVICE SEPT -OCT 2015 TELEPHONE SERVICE SEPT -OCT 2015 TELEPHONE SERVICE SEPT -OCT 2015 TELEPHONE SERVICE Search Name INTEGRATED LOSS CONTROL, INC. E 01-4220-070-70 NOISE SURVEY - PW E 01-4220-050-50 NOISE SURVEY - PW E 15-4220-060-60 NOISE SURVEY - PW Search Name INTEGRATED LOSS CONTROL, INC. Search Name INVER GROVE FORD E 01-4330-490-50 E 01-4330-490-50 E 01-4330-490-50 Search Name INVER GROVE FORD EQUIPMENT REPAIR PARTS - STREETS EQUIPMENT REPAIR PARTS - STREETS EQUIPMENT REPAIR PARTS - STREETS Search Name 7ANI-KING OF MINNESOTA, INC. E 01-4335-310-70 SEPT 2015 SERVICE - PW E 15-4335-310-60 SEPT 2015 SERVICE - PW Fire $55.27 Fire $2.30 Administration $69.14 Police -$14.04 Engineering Enterprise $9.70 Administration $27.86 Police $48.62 $198.85 Parks & Recreation $47.04 Engineering Enterprise $169.59 Utility Enterprise $276.90 Police $141.13 Police $271.34 Administration $339.18 Road & Bridges $47.04 Code Enforcement/Inspe $67.84 $1,360.06 Parks & Recreation $576.67 Road & Bridges $576.67 Utility Enterprise $576.66 $1,730.00 Road & Bridges $85.55 Road & Bridges $59.02 Road & Bridges $31.34 $175.91 Parks & Recreation $66.67 Utility Enterprise $66.66 page 90 CITY OF MENDOTA HEIGHTS 10/01/1511:16 AM Page 6 Claims List SYSTEM CHECKS 10/06/15 PAY Account Comments DEPT Descr Amount E 01-4335-310-50 SEPT 2015 SERVICE - PW Road & Bridges $66.67 E 01-4335-315-30 SEPT 2015 SERVICE - FIRE HALL Fire $200.00 Search Name JANI-KING OF MINNESOTA, INC. $400.00 Search Name JRK SEED & TURF SUPPLY E 01-4330-215-70 FERTILIZER- PARKS E 01-4340-050-50 STORM DAMAGE REPAIRS Search Name JRK SEED & TURF SUPPLY Search Name KAT KEYS E 08-4335-000-00 CITY HALL REPAIRS Search Name KAT KEYS Parks & Recreation $1,316.00 Road & Bridges $274.35 $1,590.35 Spec Fds $118.16 $118.16 Search Name KIPP, IRA E 01-4490-070-70 3RD QTR 2015 PARK & REC. COMM. MEETING Parks & Recreation $75.00 Search Name KIPP, IRA $75.00 Search Name KIRCHNER CONTRACTING E 01-4490-040-40 MOWING @ 1565 DODD RD Code Enforcement/Inspe $375.00 Search Name KIRCHNER CONTRACTING $375.00 Search Name KREMER SERVICES, LLC E 01-4330-490-50 MN DOT INSPECTION Road & Bridges $87.95 E 01-4330-490-50 MN DOT INSPECTION Road & Bridges $87.95 E 01-4330-490-50 MN DOT INSPECTION Road & Bridges $87.95 E 01-4330-490-50 MN DOT INSPECTION Road & Bridges $87.95 Search Name KREMER SERVICES, LLC $351.80 Search Name L E L S G 01-2075 OCT 2015 UNION DUES $564.00 Search Name L E L S $564.00 Search Name LAWSON PRODUCTS, INC E 15-4305-060-60 OPERATING SUPPLIES - SHOP Utility Enterprise $85.06 E 01-4305-050-50 OPERATING SUPPLIES - SHOP Road & Bridges $85.07 E 01-4305-070-70 OPERATING SUPPLIES - SHOP Parks & Recreation $85.07 Search Name LAWSON PRODUCTS, INC $255.20 Search Name LEVINE, STEPHANIE E 01-4490-070-70 3RD QTR 2015 PARK & REC. COMM. MEETING Parks & Recreation $75.00 Search Name LEVINE, STEPHANIE $75.00 Search Name LIBERTY TIRE RECYCLING SVCS E 01-4335-310-50 CLEAN-UP - PW Road & Bridges $39.64 E 01-4335-310-70 CLEAN-UP - PW Parks & Recreation $39.64 E 15-4335-310-60 CLEAN-UP - PW Utility Enterprise $39.64 Search Name LIBERTY TIRE RECYCLING SVCS $118.92 Search Name LOGIS E 01-4220-114-14 NETWORK SERVICE Info Tech $157.50 E 01-4223-020-20 APPLICATION SUPPORT - PD Police $2,451.00 E 01-4301-030-30 APPLICATION SUPPORT - PD Fire $59.00 Search Name LOGIS $2,667.50 Search Name LORBERBAUM, SALLY page 91 CITY OF MENDOTA HEIGHTS 10/01/15 11:16 AM Page 7 Claims List SYSTEM CHECKS 10/06/15 PAY Account Comments DEPT Descr Amount E 01-4490-080-80 3RD QTR 2015 ARC MEETING Planning $50.00 Search Name LORBERBAUM, SALLY $50.00 Search Name LUBE -TECH G 01-1210 MOTOR OIL - DRUM DEPOSIT $55.00 Search Name LUBE -TECH $55.00 Search Name MAGNUSON, MARY E 01-4490-080-80 3RD QTR 2015 PLANNING COMM. MEETING Planning $50.00 Search Name MAGNUSON, MARY $50.00 Search Name MANSFIELD OIL COMPANY G 01-1210 FUEL - DIESEL $4,030.75 G 01-1210 FUEL - GASOLINE $3,960.89 Search Name MANSFIELD OIL COMPANY $7,991.64 Search Name MAZZITELLO, JOHN E 05-4415-105-15 MILEAGE - J. MAZZITELLO Engineering Enterprise $85.10 Search Name MAZZITELLO, JOHN $85.10 Search Name MENARDS E 01-4305-050-50 OPERATING SUPPLIES - STREETS Road & Bridges $27.88 E 15-4305-060-60 OPERATING SUPPLIES - SEWER Utility Enterprise $27.95 E 08-4335-000-00 SUPPLIES - CITY HALL Spec Fds $22.62 E 15-4305-060-60 OPERATING SUPPLIES - SHOP Utility Enterprise $34.97 E 01-4305-050-50 OPERATING SUPPLIES - SHOP Road & Bridges $34.97 E 01-4305-070-70 OPERATING SUPPLIES - SHOP Parks & Recreation $34.97 Search Name MENARDS $183.36 Search Name METRO AREA MGMT ASSOCIATION E 01-4400-110-10 SEMINAR - M. MCNEILL Administration $20.00 E 01-4400-110-10 SEMINAR - M. MCNEILL Administration _ $20.00 Search Name METRO AREA MGMT ASSOCIATION $40.00 Search Name METRO SALES E 01-4200-610-20 QUARTERLY COPIER MAINT. - PD Police $246.39 Search Name METRO SALES $246.39 Search Name MID NORTHERN SERVICES E 01-4330-215-70 ROGERS LAKE PARK LIGHTING REPAIRS Parks & Recreation $210.00 E 01-4330-420-50 TRAFFIC LIGHTS REPAIRS Road & Bridges $216.40 E 28-4330-000-00 STREET LIGHTING REPAIRS Spec Fds $360.00 E 28-4330-000-00 STREET LIGHTING REPAIRS Spec Fds $1,259.70 E 28-4330-000-00 STREET LIGHTING REPAIRS Spec Fds $270.00 Search Name MID NORTHERN SERVICES $2,316.10 Search Name MILLER, DAVID E 01-4490-070-70 3RD QTR 2015 PARK & REC. COMM. MEETING Parks & Recreation $50.00 Search Name MILLER, DAVID $50.00 Search Name MINNESOTA PIPE & EQUIPMENT E 03-4490-000-00 WATER UTILITY REPAIRS Spec Fds $473.16 E 29-4337-000-00 STORM SEWER REPAIRS Spec Fds $652.95 Search Name MINNESOTA PIPE & EQUIPMENT $1,126.11 page 92 CITY OF MENDOTA HEIGHTS 10/01/15 11:16 AM Page 8 Claims List SYSTEM CHECKS 10/06/15 PAY Account Comments DEPT Descr Amount Search Name MN BENEFIT ASSN G 01-2071 OCT 2015 PREMIUM $15.79 Search Name MN BENEFIT ASSN $15.79 Search Name MN GLOVE INC E 01-4305-050-50 OPERATING SUPPLIES - STREETS Road & Bridges $23.98 Search Name MN GLOVE INC $23.98 Search Name MNPEA G 01-2075 OCTOBER 2015 UNION DUES $156.00 Search Name MNPEA $156.00 Search Name NATURE CALLS, INC E 01-4200-610-70 AUG 2015 RENTALS -PARKS Parks & Recreation $892.50 E 45-4200-610-45 AUG 2015 RENTALS - PAR3 Golf Course $63.59 G 45-2035 AUG 2015 RENTALS - PAR3 -$4.09 Search Name NATURE CALLS, INC $952.00 Search Name NCPERS GROUP LIFE INS. G 01-2071 OCT 2015 PREMIUM $96.00 Search Name NCPERS GROUP LIFE INS. $96.00 Search Name NEUHARTH, JIM E 01-4490-080-80 3RD QTR 2015 ARC MEETING Planning $75.00 Search Name NEUHARTH, JIM $75.00 Search Name NIITI SANITATION INC E 45-4280-045-45 RUBBISH & RECYCLING - PAR3 Golf Course $64.63 Search Name NITTI SANITATION INC $64.63 Search Name NOONAN, MICHAEL E 01-4490-080-80 3RD QTR 2015 PLANNING COMM. MEETING Planning $75.00 Search Name NOONAN, MICHAEL $75.00 Search Name NORLING, GINA E 01-4490-080-80 3RD QTR 2015 ARC MEETING Planning $50.00 Search Name NORLING, GINA $50.00 Search Name NORTHERN TECHNOLOGIES, INC E 27-4220-791-00 VICTORIA RD SOUTH Spec Fds $3,113.25 Search Name NORTHERN TECHNOLOGIES, INC $3,113.25 Search Name MUSS TRUCK & EQUIPMENT E 01-4330-490-50 EQUIPMENT REPAIR PARTS - STREETS Road & Bridges $41.20 E 01-4330-490-50 EQUIPMENT REPAIR PARTS - STREETS Road & Bridges $1,629.46 Search Name NUSS TRUCK & EQUIPMENT $1,670.66 Search Name NYSTROM PUBLISHING CO., INC. E 01-4268-650-85 FALL 2015 NEWSLETTER Recycling $140.19 E 21-4268-650-00 FALL 2015 NEWSLETTER Spec Fds $200.27 E 01-4268-650-10 FALL 2015 NEWSLETTER Administration $1,802.40 E 45-4268-650-45 FALL 2015 NEWSLETTER Golf Course $80.11 E 01-4268-650-70 FALL 2015 NEWSLETTER Parks & Recreation $600.80 E 15-4268-650-60 FALL 2015 NEWSLETTER Utility Enterprise $100.13 Search Name NYSTROM PUBLISHING CO., INC. $2,923.90 CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 10/06/15 PAY page 93 10/01/15 11:16 AM Page 9 Account Comments DEPT Descr Amount Search Name OREILLY AUTO/FIRST CALL CYLINDER RENT - PW Road & Bridges E 01-4305-050-50 OPERATING SUPPLIES - SHOP Road & Bridges $7.96 E 01-4305-070-70 OPERATING SUPPLIES - SHOP Parks & Recreation $7.96 E 15-4305-060-60 OPERATING SUPPLIES - SHOP Utility Enterprise $7.96 E 01-4330-490-70 EQUIPMENT REPAIR PARTS - PARKS Parks & Recreation $67.38 E 01-4330-490-50 EQUIPMENT REPAIR PARTS - STREETS Road & Bridges $28.91 E 01-4305-050-50 OPERATING SUPPLIES - STREETS Road & Bridges $42.94 E 01-4330-490-70 EQUIPMENT REPAIR PARTS - PARKS Parks & Recreation $19.98 Search Name OREILLY AUTO/FIRST CALL E 29-4337-000-00 $183.09 Search Name OXYGEN SERVICE CO E 01-4200-610-70 CYLINDER RENT - PW Parks & Recreation $29.97 E 01-4200-610-50 CYLINDER RENT - PW Road & Bridges $29.97 E 15-4200-610-60 CYLINDER RENT - PW Utility Enterprise $29.96 Search Name OXYGEN SERVICE CO $89.90 Search Name PAC E 29-4337-000-00 REPAIR CATCH BASINS Spec Fds $6,400.00 E 13-4460-000-00 CLEAN-UP @ 1189 BOURN LN Spec Fds $275.00 E 08-4335-000-00 BLDG REPAIRS - CITY HALL Spec Fds $2,400.00 E 29-4337-000-00 REPAIR CATCH BASINS Spec Fds $2,500.00 E 29-4337-000-00 REPAIR CATCH BASINS Spec Fds $6,000.00 E 29-4337-000-00 STORM SEWER SYSTEM MAINT. Spec Fds $1,000.00 Search Name PAC $18,575.00 Search Name PAPER, JOEL E 01-4490-070-70 3RD QTR 2015 PARK & REC. COMM. MEETING Parks & Recreation $75.00 Search Name PAPER, JOEL $75.00 Search Name PIONEER ENGINEERING E 27-4220-791-00 VICTORIA RD SOUTH Spec Fds $2,640.00 Search Name PIONEER ENGINEERING $2,640.00 Search Name PITNEY BOWES E 01-4300-110-10 POSTAGE SUPPLIES Administration $122.38 Search Name PITNEY BOWES $122.38 Search Name R D 0 EQ CO E 01-4330-490-50 EQUIPMENT REPAIR PARTS - STREETS Road & Bridges $40.94 Search Name R D 0 EQ CO $40.94 Search Name R K HUNTER E 13-4460-734-00 CLEAN-UP @ 1189 BOURN LN Spec Fds $3,110.00 Search Name R K HUNTER $3,110.00 Search Name ROSTON, HOWARD E 01-4490-080-80 3RD QTR 2015 PLANNING COMM. MEETING Planning $50.00 Search Name ROSTON, HOWARD $50.00 Search Name S K B E 01-4335-310-70 CLEAN-UP - PW Parks & Recreation $42.46 E 15-4335-310-60 CLEAN-UP - PW Utility Enterprise $42.46 E 01-4335-310-50 CLEAN-UP - PW Road & Bridges $42.47 Search Name S K B $127.39 CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 10/06115 PAY page 94 10/01/15 11:16 AM Page 10 Account Comments DEPT Descr Amount Search Name SAND CREEK GROUP E 01-4400-020-20 TRAINING - PD Police. $2,181.75 Search Name SAND CREEK GROUP $2,181.75 Search Name SCHLOMKA SERVICES, LLC G 01-1145 SAN. SEWER CLEANING - LLOYDS $770.00 Search Name SCHLOMKA SERVICES, LLC $770.00 Search Name SHARMA, ARVIND E 01-4490-080-80 3RD QTR 2015 ARC MEETING Planning $75.00 Search Name SHARMA, ARVIND $75.00 Search Name SHERWIN WILLIAMS E 01-4424-050-50 STRIPING PAINT Road & Bridges $156.82 Search Name SHERWIN WILLIAMS $156.82 Search Name SIR LINES -A -LOT E 01-4424-050-50 STREETS STRIPING Road & Bridges $15,729.80 Search Name SIR LINES -A -LOT $15,729.80 Search Name SLOAN, DAVE E 01-4490-080-80 3RD QTR 2015 ARC MEETING Planning $75.00 Search Name SLOAN, DAVE $75.00 Search Name SNAP ON TOOLS E 01-4305-070-70 TOOLS - PARKS Parks & Recreation $142.25 Search Name SNAP ON TOOLS $142.25 Search Name SOUTH ST. PAUL UMPIRES ASSN E 01-4435-200-70 ]UNE 2015 UMPIRE SERVICES Parks & Recreation $1,932.00 Search Name SOUTH ST. PAUL UMPIRES ASSN $1,932.00 Search Name SPRWS E 01-4425-310-50 AUG 2015 SERVICE - PW Road & Bridges $15.76 E 01-4425-310-70 AUG 2015 SERVICE - PW Parks & Recreation $15.75 E 15-4425-310-60 AUG 2015 SERVICE - PW Utility Enterprise $15.75 E 01-4425-070-70 AUG 2015 SERVICE - PARKS Parks & Recreation $1,653.37 E 01-4425-070-70 AUG 2015 SERVICE - PARKS Parks & Recreation $3,021.17 E 08-4425-000-00 AUG 2015 SERVICE - CITY HALL Spec Fds $788.48 E 01-4425-315-30 AUG 2015 SERVICE - FIRE HALL Fire $353.88 Search Name SPRWS $5,864.16 Search Name STANTEC CONSULTING SERVICES E 21-4220-000-00 INDUSTRIAL DEV. PLSN Spec Fds $636.75 G 01-2125 PLANNING ASSISTANCE - ESCROW $650.00 E 01-4220-135-80 PLANNING ASSISTANCE Planning $134.00 G 01-2125 PLANNING ASSISTANCE - ESCROW $739.50 E 01-4220-135-80 PLANNING ASSISTANCE Planning $241.25 Search Name STANTEC CONSULTING SERVICES $2,401.50 Search Name SUN LIFE E 08-4131-000-00 OCT 2015 LIFE AND DISB PREMIUM Spec Fds $85.15 E 15-4131-060-60 OCT 2015 LIFE AND DISB PREMIUM Utility Enterprise $90.79 E 05-4131-105-15 OCT 2015 LIFE AND DISB PREMIUM Engineering Enterprise $118.88 E 01-4131-070-70 OCT 2015 LIFE AND DISB PREMIUM Parks & Recreation $217.49 page 95 CITY OF MENDOTA HEIGHTS 10/01/1511:16 AM Page 11 Claims List SYSTEM CHECKS 10/06/16 PAY Account Comments DEPT Descr Amount E 01-4131-050-50 OCT 2015 LIFE AND DISB PREMIUM Road & Bridges $279.07 E 01-4131=020-20 OCT 2015 LIFE AND DISB PREMIUM Police $484.09 E 01-4131-110-10 OCT 2015 LIFE AND DISB PREMIUM Administration $292.88 G 01-2071 OCT 2015 LIFE AND DISB PREMIUM $1,347.76 Search Name SUN LIFE $2,916.11 Search Name TASER INTERNATIONAL E 01-4305-020-20 SUPPLIES - CITIZENS' ACADEMY Police $345.96 Search Name TASER INTERNATIONAL $345.96 Search Name TOTH, MIKE E 01-4490-070-70 3RD QTR 2015 PARK & REC. COMM. MEETING Parks & Recreation $75.00 Search Name TOTH, MIKE $75.00 Search Name TRI STATE BOBCAT E 01-4330-490-50 EQUIPMENT REPAIR PARTS - STREETS Road & Bridges $140.30 E 01-4330-490-50 EQUIPMENT REPAIR PARTS - STREETS Road & Bridges $338.32 Search Name TRI STATE BOBCAT $478.62 Search Name TRIANGLE RUBBISH & RECYCLING E 01-4335-315-30 AUG 2015 SERVICE - FIRE HALL Fire $53.10 Search Name TRIANGLE RUBBISH & RECYCLING $53.10 Search Name TWIN CITIES OCCUPATIONAL HLTH E 01-4220-070-70 TESTING - PARKS Parks & Recreation $80.00 E 15-4220-060-60 TESTING - SEWER Utility Enterprise $55.00 E 01-4220-050-50 TESTING - PW Road & Bridges $110.00 Search Name TWIN CITIES OCCUPATIONAL HLTH $245.00 Search Name TWIN CITY REFUSE & RECYCLING E 13-4460-000-00 RUBBISH REMOVAL @ 1189 BOURN LN Spec Fds $2,735.00 Search Name TWIN CITY REFUSE & RECYCLING $2,735.00 Search Name TWIN CITY SAW CO E 01-4330-490-50 EQUIPMENT REPAIR PARTS - STREETS Road & Bridges $161.63 E 01-4330-490-50 EQUIPMENT REPAIR PARTS - STREETS Road & Bridges $58.00 Search Name TWIN CITY SAW CO $219.63 Search Name URMANN, DENISE E 01-4415-020-20 MILEAGE REIMB. - D. URMANN Police $41.17 Search Name URMANN, DENISE $41.17 Search Name VERIZON WIRELESS - LERT B E 01-4220-020-20 SMS SERVICE - PD Police $50.00 Search Name VERIZON WIRELESS - LERT B $50.00 Search Name VIKSNINS, ANSIS E 01-4490-080-80 3RD QTR 2015 PLANNING COMM. MEETING Planning $75.00 Search Name VIKSNINS, ANSIS $75.00 Search Name VITO MECHANICAL CONTRACTORS E 08-4335-000-00 INSTALL EYE WASH STATION - CITY HALL Spec Fds $1,550.00 Search Name VITO MECHANICAL CONTRACTORS $1,550.00 Search Name WAGNER SOD COMPANY INC' E 80-4460-788-00 VICTORIA RD PROJECT Spec Fds $105.95 page 96 CITY OF MENDOTA HEIGHTS 10/01/15 11:16 AM Page 12 Claims List SYSTEM CHECKS 10/06/15 PAY Account Comments DEPT Descr Amount Search Name WAGNER SOD COMPANY INC $105.95 $147,945.83 2015 Licensing List for City Council Type Contractor Name Asphalt Excavating Gas Piping General HVAC Richfield Blacktop & Concrete 880 D -Dirt, Inc dba Voehl Excavating Platt Contracting Services, Inc Dan's Fence, LLC Greystone Construction Grindstone Construction Services, Inc Joe Becker Construction, LLC LB Services, LLC Midwest Maintenance & Mechanical, Inc Valley Construction Repair, Inc Viking Construction, Inc Air Conditioning Associates Bob Boldt HVAC Metro Sheet Metal, Inc Modern Heating & Air Conditioning Platt Contracting Services, Inc Sun Mechanical, Inc Walter Mechanical page 97 Thursday, October 1, 2015 Page I of I CITY OfK0ENOOTAHEIGHTS TREASURER'S REPORT AUGUST 2015 r Rates Money Market August Bank 0.02Y6 5Yr. Tr. 1.5496 1OYr. Tr. 2.21% BALANCE COLLATERAL American BankChecking Account .02% $70.053.05 Savings Account .0296 . $640.4B9 $70,693.54 CoUatera|-Bonde $1.200.000.00 Gov't. Guar. $250.080.00 Investments Cost 9V Saving Cert 1/2S/15@O.1596Cherokee $13.952.68 $13.952.50 FHLB 2.00% 12/30/19 $91.668.67 $91.677.66 FHLB 2.00% 12/30/19 $137.500.00 $137.518.50 FHLB 1.00962/27/2O $350.000.00 $249.482.50 FHLyNC2.0096O7/3O/2O $750.000.00 $749.885.00 GECapital Financial Inc 2.O59611/4K16 $245.000.00 $248.035.55 American Express Cent Bank 2.O59612/1/1G $245.000.00 $248.123.75 GECapital Retail Bank 2.DO967/6/18 $200.000.00 $201.388.00 Sallie Mae Bank 2.O5O9611/2O/18 $245.000.00 $248.406.30 BMW Bank 2.OD9612/11/18 $245.000.00 $245.857.50 Comenib/Bank 2.00Y6O7Y15/1S $200.000.00 $190.256.00 Capital One Bank USA 2.O096OO/12/1S $245.000.00 $244.546.75 Capital One Bank 2.DO96O8/12/19 $245.000.00 $244.546.75 World's Foremost Bank 2.O096OO/13/19 $200.000.00 $188.486.00 Cit Bank 2.159611/13/1S $245.000.00 $245.144.55 Goldman Sachs Bank 2.2O9613/17/1Q $100.000.00 $100.301.00 Discover Bank 2.O5O96OG/1O/2O $200.000.00 $198.994.00 OrrmtownBank 2.0096O8/28/20 $245.000.00 $245.000.00 Parkside Fin|Bank & Trust 1.5O96O1/24/21 $245.000.00 $244.296.85 Fidelity Institutional Government Portfolio (Pipar) $2.523.083.74 $3.622.083.74 Go\/t.Securities Fund 28Y6Sold G/4 $433.187.00 $1.031.000.00 K8K8k1Fd (WF) . $1.837.814.84 TOTAL FUNDS AVAILABLE 8/31M5 $9.211.688.38 Funds Available 1/1/2U15 $12.023.981.13 Rates Money Market August Bank 0.02Y6 5Yr. Tr. 1.5496 1OYr. Tr. 2.21% page 99 (fitp of '4lenbota �Ctgbt,5 J)rortamatton WHEREAS, MOMS Club is an international organization with individual clubs at the local level; and WHEREAS, on July 1, 1999, two moms, Mona Friedmann and April Moody, met and founded MOMS Club of Mendota Heights; and WHEREAS, the club has been instrumental in building friendships among moms and kids in the Mendota Heights area over the past 16 years; and WHEREAS, this club has brought together families in all neighborhoods and schools, both public and private; and WHEREAS, the relationship between the club and the city includes city officials, the police and fire departments—who are often times called upon for tours or other safety instruction, and also city staff members who connect the club to various children's activities and offerings in our area; and WHEREAS, this organization has been the foundation of friendships and pride in a wonderful support system in the Mendota Heights area. NOW THEREFORE BE IT PROCLAIMED that the City Council of the City of Mendota Heights declares July 1, 2016 as "MOMS Club of Mendota Heights Day," the 17th anniversary of its founding. .31n luitne if lufjrrrof ,Tl fjabr fjrrrunto ,oet ntp fjaub arrb catfor tfjr sial to be affixeb Alapor mate (October G, 2015 page 100 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.rnendota-heights.com CITY OF MENDOTA HEIGHTS DATE: October 6, 2015 TO: Mayor, City Council and City Administrator FROM: Nolan Wall, AICP Planner SUBJECT: Resolution Approving a Wetlands Permit at 2190 Glen Toro Road BACKGROUND The applicant, on behalf of the property owners, is seeking a wetlands permit to remove vegetation and construct a new single-family dwelling on the subject parcel within the 100 -foot wetland/water resource - related buffer area. The subject parcel is currently undeveloped and was included as part of a Planned Unit Development, which was approved by the City Council in 1998. However, the original approval, and subsequent amendments, did not address the incorporation of city -issued wetlands permits. Staff identified the permitting issue upon the applicant's submission of a building permit. Vegetation removal and construction of portions of the proposed dwelling are located within 25 feet of the wetland. The City's Land Disturbance Guidance Document restricts clearing and grading within such a distance of an existing wetland boundary to provide a protective buffer strip of natural vegetation. Since the previously -approved PUD precedes the current non -disturbance policy within such a distance, staff is recommending a landscape plan be submitted for review and approval by staff by April 1, 2016. The Planning Commission conducted a public hearing at the September 22 meeting; the only public comment was submitted by email and is included in the packet for review. BUDGETIMPACT N/A RECOMMENDATION The Planning Commission recommended approval of the wetlands permit request, with conditions, as described in Planning Case 2015-36. If the City Council desires to implement the recommendation, pass a motion adopting RESOLUTION 2015-74 APPROVING A WETLANDS PERMIT AT 2190 GLEN TORO ROAD. This matter requires a simple majority vote. page 101 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2015-74 RESOLUTION APPROVING A WETLANDS PERMIT AT 2190 GLEN TORO ROAD WHEREAS, AMEK Custom Builders, Inc., on behalf of the property owners, has applied for a wetlands permit for vegetation removal and grading/construction of a new single-family dwelling as proposed in Planning Case 2015-36 and described in Exhibit A; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this matter at their regular meeting on September 22, 2015. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the wetlands permit request as proposed in Planning Case 2015-36 is hereby approved based on the following findings of fact: 1. The proposed project complies with the previously -approved Conditional Use Permit for a Planned Unit Development, including subsequent amendments. 2. The proposed project meets the purpose and intent of the Wetlands Systems Chapter of the City Code and will not negatively impact the development's existing drainage system. 3. Construction -related activities within the 25 -foot non -disturb buffer area will be limited to what is essential for construction of the proposed project. 4. Adequate erosion control measures will be observed during construction. 5. A landscape plan, completed by a registered professional, is required to be reviewed and approved by the Planning and Engineering Departments to ensure appropriate buffer vegetation is established in accordance with city policies. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the wetlands permit request as proposed in Planning Case 2015-36 is hereby approved with the following conditions: 1. A landscape plan, prepared and signed by a qualified professional, is submitted for review and approval by the Planning and Engineering Departments by April 1, 2016. 2. The delineated wetland boundary is clearly marked and vegetation removal and construction activities are prohibited within this area. 3. Building and grading permits are obtained from the City prior to construction. 4. All grading and construction activity will be in compliance with applicable federal, state, and local regulations and codes, as well as in compliance with the City's Land Disturbance Guidance Document. Adopted by the City Council of the City of Mendota Heights this sixth day of October, 2015. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST: Lorri Smith, City Clerk page 102 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.rnendota-heights.com CITY OF MENDOTA HEIGHTS DATE: September 22, 2015 TO: Planning Commission FROM: Nolan Wall, AICP Planner SUBJECT: Planning Case 2015-36 Wetlands Permit for Vegetation Removal and Grading/Construction APPLICANT: AMEK Custom Builders, Inc. PROPERTY ADDRESS: 2190 Glen Toro Road ZONING/GUIDED: R-lA One Family Residential/RR Rural Residential ACTION DEADLINE: October 30, 2015 DESCRIPTION OF THE REQUEST The applicant, on behalf of the property owners, is seeking a wetlands permit for vegetation removal and construction activities on the subject parcel. The proposed activities are within 100 feet of a wetland and do not meet the conditions for an administrative approval. BACKGROUND The subject parcel is 40,007 square feet (0.92 acres) and is currently undeveloped. A wetland is located in the northwest corner along Glen Toro Road and an easement for overhead power lines runs parallel to Huber Drive; both of which limit the buildable area on the subj ect parcel. The applicant has been contracted to construct a new single-family dwelling on the property. The City approved a Conditional Use Permit (CUP) for a Planned Unit Development (PUD), Preliminary/Final Plat, and Development Agreement for the Glen Toro Second Addition Development in 1998, as part of Planning Case 1998-12 (see attached resolutions and final plat). The development consists of nine lots; five of which have been developed with another lot currently under construction. The original approval, and subsequent amendments, did not include a city -issued wetlands permit for the subject parcel. According to the official Wetlands Systems Map, which was updated in 2006, a wetland is identified on the subject parcel that was previously -unidentified during the PUD approval processes. According to Title 12-2-6-A of the Code, a wetlands permit is required for vegetation removal and construction activities within 100 feet of a wetland or water resource -related area. In February 2002, the City Council approved a minor amendment to the PUD to allow for reduced setbacks on several lots in the Glen Toro Development (see attached resolution and setback amendment map). In a letter to the City Council, dated February 14, the project architect included the following justification concerning the proposed setback for the subject parcel: "Lot 5, Block 1 to allow a 10- oot setback along the eastern property line. This request is to allow a house to be constructed in and amongst the trees in order to save significant trees adjacent to the wetland drainage easement, and be constructed as far removed from the power line as possible." page 103 ANALYSIS Comprehensive Plan The subject parcel is guided RR Rural Residential in the 2030 Comprehensive Plan. The applicant's request to remove vegetation and construct a new single-family dwelling on the property is consistent with the Plan. Wetlands Permit According to Title 12-2-1 of the City Code: The purpose of this chapter shall be to provide for the protection, preservation, maintenance, and use of Mendota Heights wetlands and water resource related areas, to maintain the natural drainage system, to minimize the disturbance which may result from alteration by earthwork, loss of vegetation, loss of wildlife and aquatic organisms as a result of the disturbance of the natural environment, or from excessive sedimentation; to provide for protection of probable fresh water supplies; and to ensure safety from floods. The project architect's letter included with the application materials, dated July 30, describes the design guidelines for construction on the subject parcel. According to the staff reports, development agreement, and resolutions reviewed as part of the original approval and subsequent amendments, there were no additional conditions placed on construction on the subject parcel relating to the wetlands within the development. As shown on the attached survey, vegetation removal and construction of a proposed patio, porch, retaining wall, and portions of the dwelling are located within 25 feet of the wetland. The City's Land Disturbance Guidance Document restricts clearing and grading within such a distance of an existing wetland boundary to provide a protective buffer strip of natural vegetation. While not a codified standard, the policy has been included as a condition of approval for wetlands permits since its adoption in 2009. Since the previously - approved PUD precedes this policy and does contain any conditions restricting activity within this area, staff is not proposing that requirement as a condition in this case. Surface water drainage in the localized area is collected predominately into a man-made pond abutting the western portion of the development, north of 2165 Glen Toro Road (Lot 1, Block 2). The outlet for the pond is connected to the wetland on the subject parcel through a culvert under the road, which has an emergency overflow to the storm water drain in Huber Drive. According to the engineering memo as part of Planning Case 1998-12, the existing ponding and stormwater system was designed to provide rate control for the proposed development for storms of a 1% probability or greater. The designed emergency overflow(s) are utilized for larger storms. The Engineering Department has reviewed the proposed plans and determined that construction of a new dwelling on the subject parcel will not negatively impact the development's existing drainage system. Wetland Delineation The wetland on the subject parcel was originally delineated in 1998; wetland delineations are typically valid for five years. Therefore, the applicant was required to conduct a new delineation to confirm the location of the wetland's eastern boundary closest to the proposed dwelling. As shown on the survey and analyzed in a recent report submitted by Westwood Professional Services, the boundary is consistent with the original delineation shown on the plat. According to the plat, the existing drainage and utility easement does not include the entire wetland. Based on the updated wetland delineation, the existing easement remains adequate for its intended purpose. Vegetation Removal According to the applicant, underbrush and five significant mature trees will be removed within the proposed building pad, including one box elder, one cottonwood, and three ash trees. Several significant page 104 existing trees within the wetland buffer area will be preserved, in accordance with the architect's intent described in the original PUD application. Based on a site visit, and shown in the attached photos, the existing underbrush surrounding the wetland is significant and clearing the property in order to construct a new dwelling will have a dramatic visual impact on the development. According to the Wetland Delineation Memo, the predominate vegetation within the wetland area includes reed canary grass, black willow, box elder, slippery elm, and buckthorn. Due to the 100 -foot wetland buffer area encompassing the entire proposed building pad area and the uniqueness of the proposed project on the subject parcel, staff is recommending a condition that a landscape plan be submitted for review and approval by the Planning and Engineering Departments. ALTERNATIVES 1. Recommend approval of the wetlands permit request, based on the attached findings of fact, with conditions. 2. Recommend denial of the wetlands permit request, based on the findings of fact that the proposed project will have negative impacts on the wetland and surrounding drainage system. WJW 3. Table the request. STAFF RECOMMENDATION Staff recommends approval of the wetlands permit, based on the attached findings of fact, with the following conditions (Alternative #1): 1. A landscape plan, prepared and signed by a qualified professional, is submitted for review and approval by the Planning and Engineering Departments. 2. The delineated wetland boundary is clearly marked and vegetation removal and construction activities are prohibited within this area. 3. Building and grading permits are obtained from the City prior to construction. 4. All grading and construction activity will be in compliance with applicable federal, state, and local regulations and codes, as well as in compliance with the City's Land Disturbance Guidance Document. MATERIALS INCLUDED FOR REVIEW 1. Aerial site map 2. Site photos 3. Planning applications, including supporting materials 4. Public comment email page 105 FINDINGS OF FACT FOR APPROVAL Wetlands Permit 2190 Glen Toro Road The following Findings of Fact are made in support of approval of the proposed request: 1. The proposed project complies with the previously -approved Conditional Use Permit for a Planned Unit Development, including subsequent amendments. 2. The proposed project meets the purpose and intent of the Wetlands Systems Chapter of the City Code and will not negatively impact the development's existing drainage system. 3. Construction -related activities within the 25 -foot non -disturb buffer area will be limited to what is essential for construction of the proposed project. 4. Adequate erosion control measures will be observed during construction. 5. A landscape plan, completed by a registered professional, is required to be reviewed and approved by the Planning and Engineering Departments to ensure appropriate buffer vegetation is established in accordance with city policies. Planning Case 2015-36 2190 Glen Toro Road N 0 50 9/17/2015 SCALE IN FEET �.��_: 165 r - City of Mendota Heights GIS Map Disclaimer: This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat, survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information contained in this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errors or omissions herein. If discrepancies are found, please contact the City of Mendota Heights. Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation. `01 * ? f 5r .�+ +, 1 8vt4jucgrotw d4,eaw hmty. August 31, 2015 To Whom It May Concern: page 108 9340 James Ave S Bloomington, MN 55431 P: (952) 888-1200 F: (952) 884-6684 MN License #BC164402 AMEK Custom Builders, Inc. has been hired to build a new home at 2190 Glen Toro Road. This property will be located within the 100' boundary area of the wetland, but not the actual wetland itself. There will be some vegetation removal in the boundary area of the eastern delineation line. A silt fence will be erected along the wetland line to prevent debris and other potential disruption to the wetland during construction. The retaining wall indicated in the plans will not disrupt any portion of the wetland. This property is part of a development owned and designed by the architect Dewey Thorbeck. See also the letter he wrote regarding this application. This development was approved as a planned unit development around the year 2000. The wetland delineation line shown on the survey is what was in effect at the time. Westwood Engineering assessed the property and re -delineated the eastern border of the wetland. If you have any questions, please contact Brad Peterson, the Vice -President of Production and Quality. He may be reached by phone at (952) 240-7209 or by email at bpeterson@amekinc.com. Sincerely, Lauren Geoffroy, CRPM Project Coordinator, AM EK Custom Builders, Inc. page 109 Date: July 30, 2015 To: Mendota Heights City Council and Planning Commission From: Dewey Thorbeck, FAIA, FAAR, Architect and Thor Properties Re: 2190 Glen Toro Road When Thor Properties (Sharon and Dewey Thorbeck) were putting together the PUD in 1998 for the Glen Toro Development we worked closely with Melchert/Block, a landscape architecture and surveying firm that I had worked with before, to help us understand the unique landscape characteristics of the 10 acre property we purchased from Roger and Mary Shepard. We identified three different landscape characteristics — meadow, wetland, and woodland — and depending where the lot was located there were guidelines to help buyers understand how their house needed to to be designed fit that landscape character. All of the houses in Glen Toro are custom designed by Dewey Thorbeck for each lot based on those guidelines and the Owner's program, budget, and lifestyle. In the case of 2190 Glen Toro Road (now owned by Brain and Greta Peterson) the lot contains a wetland (that is a shallow pond sometimes during the year) that is connected by underground culverts to drain it and the two ponds/wetlands to the north. With the culverts all three ponds drain into the city storm water system after heavy rains or spring runoff. The attached overall site plan from 2009 (showing the first five houses that have been constructed) illustrates the three ponds and overall thinking about the landscape and house locations for all of Glen Toro. The pond that is located on the 2190 Glen Toro Road property is the only one that contains an officially designated wetland defined in the 12/10/98 wetland report by EnviroData that we are following today. I have also attached the site survey and house location drawing for 2190 for your information that shows the wetland. One of the guidelines for siting of houses in Glen Toro says: "Removal of trees, shrubs, and native plant materials generally should be limited to removal of those essential for house construction" and goes on "Building siting shall be responsive to the existing site features and landscape within which it is located. Locate garages and garage doors so they do not dominate the principal fagade." For the three wetland lots it also says: "Design to nestle along the drainage and impondment areas. One to two stories in height with terraced patios adjacent to the wet areas." page 110 There will be some trees and vegetation removed from the non -wetland area of the site in order to construct the house, however, we believe the location and design of the home for Brian and Greta Peterson will be an exemplary example of preserving the designated wetland as well as enhancing its purpose for wildlife habitat with their intent to nurture its character with appropriate vegetation. That is one of the reasons they purchased the site and their home and its landscape will be an architectural gem on this wetland site befitting all other homes in Glen Toro. Since my wife and I are traveling in Europe we are not able to be at the meetings to speak in favor of granting the wetland easement for 2190 Glen Toro Road. Thank you for considering our letter and the request of the builder AMEK and the lot owners Brian and Greta Peterson. Attachments: Original survey and proposed site plan for 2190 Glen Toro Road 2. Overall Glen Toro drawing from 2009 Sep, 13. 2015 5:18AM cisy of MENDOTA HEIGHTS No, 8692 P, 2 page 111 1101 Vlctorio Curve I Mendota Heights, MN 55118 651.457.1650 phone 1 651,452.8740 Fag ,_,_ wtwvmendota�balghtscom -APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Property Address/Street Location: ZI�tO C1 Applicant Name: Aj�tCjvtLcri BYrkArerj, 1Y,c, Phone: g5z-'M-1'Z60_ Applicant E -Mail .Add ress:Y5p1()C [hC ('�t�n �oa�Yf,l� (�mht��,'f�c -con Applicant Mailing Address:g3�iSDa Property Owner Name ;BY, _Phone,_ 1^0(83Z Property Owner Mailing Address: Z5 5�',2 Legal Description & PIN of Property, (Complete Legal from Title or Deed &jst be provided) 'b (GG otn eA 6F-ael % tn--a e, E E' Type of Request: ❑ Rezoning Q Variance Q Conditional Use Permit Q Conditional Use Permit for PUD d Wetlands Permit ❑ Preliminary/Final Plat Approval ❑- Subdivision Approval Q Critical Area Permit ❑ Comprehensive Plan Amendment ❑ Code Amendment ❑ Lot Split 0 Other Thereby 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. .Planning Application (modlfed 1/28/2014) Page 1 of 1 7 0 go U1 _ ,„E g31-7 / Nj 851, I�C- _ znE l� tu � a % / 0 h Q� °N moo) m ^O JV �m �� ; ;. GZ 07,5 9 O Q OQ / N C) -^ a w Q o N 00 rn p OD ^ n0 Z 40 �� P ATION o / 0> co 01. PROPOSE 010 No 825.2x 0. \ (830) HOUSE 07' rA ( - 828) p 1 - 826.5 o A '� ' /' �-'�• X (828.0 620.2 \ \ o .5N�11211 PROPbSED'�o DRIVEN(AY K \ S L CS\ �ws tea, 0. M r^s 2S �_�(83) rn 03-4-1\ �. (834) !y I ^T A L -L/ 1 `f \ / /\ A N IT V /-\ v /-\ 1 V 1 826.0 30) 1 TREELI Ems, 833.9', o'\�� 001. _ off — n” of 887°46 3 94.6I_o �°►�P t9 827.4 \ � O O ? 50 FOOT NSP EASEMENT PER BOOK 37,- \rL -Q C) -726.59 `r°o'\ PAGE 271, AS SHOWN OF PLAT OF N O I! 6=10°0922 o W GLEN TORO SECOND ADDITION —a' \ `po T 5, - d 39.25 Ln-- __ On -- ` -- DRAINAGE,& UTILITY— - N00 09'38W �' \ EASEMENT PER PLAT? \ 30 �� 3� -- --��— �� 66.29 S89050'22"W 227.10 827.4tc HUBER DRIVE SCALE IN FEET 0 40 80 1 inch = 40 feet PROPERTY DESCRIPTION p< Lot 5, Block 1, GLEN TORO SECOND ADDITION, Dakota County, Minnesota PROPERTY ADDRESS 2190 Glen Toro Road, Mendota Heights, Minnesota NOTES 1. Bearings are based on the recorded plat. 2. Building dimensions shown are for horizontal and vertical placement of structure only. See architectural plans for building and foundation dimensions. 3. No specific soils investigation has been completed on this lot by James R. Hill, Inc. the suitability of soils to support the specific house proposed is not the responsibility of James R. Hill, Inc. or the surveyor. 4. No specific title search for existence or non-existence of recorded or un -recorded easements has been conducted by the surveyor as a part of this survey. Only easements per the recorded plat are shown. BENCHMARK Top of iron pipe at Southeast corner of Lot 5, Block 1 = 832.76 FLOOR ELEVATIONS Proposed Top of Finish Floor at Main Level = 832.1 Top of Finish Floor at Upper Level = 841.1 A Denotes set spike O Denotes set iron monument • Denotes found iron monument Denotes proposed drainage tc Denotes top of curb X900.0 Denotes existing elevation (930.0) Denotes proposed elevation 0 Denotes existing tree per Melchert Walkky survey dates 5/01/00 0 SURVEYOR'S CERTIFICATE hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Licensed 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. Sigd this 12th day of August, 2015 rcus F. Hamp on, MN L.S. No. 47481 V C N o MW 0 z Z� o 0 2 co b U CO C/) 5 as E z N W �m cL 4 cL 0� Z 0 o w a_ T w 0 z o � O 0a o Y O v >v o 0 MZ W vi t: o 00 J Q v DRAWN BY PLM DATE 81215 REVISIONS 8/17/15 Wetland & grades 8/21/15 H se. loc. & grades CAD FILE Civil 3D\350335 PROJECT NO. 350335 SHEET 1 OF 1 page 113 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 98-28 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT AND A PRELIMINARY PLAT FOR THOR COMPANY WHEREAS, Mr. Duane Thorbeck of Thorbeck Company has applied for a Conditional Use Permit for a Planned Unit Development and a Preliminary Plat for 9 residential lots on the Shepard property along Delaware Avenue, as proposed on plans on file in Planning Case No. 98-12; and WHEREAS, The Planning Commission of the City of Mendota Heights discussed this application at their regular meeting on April 28, 1998 meeting; and WHEREAS, The Planning Commission held a public hearing on this application at their regular meeting on April 28, 1998, and WHEREAS, The Planning Commission voted 7-0 on April 28, 1998 to recommend that the City Council approve this application, NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that a Conditional Use Permit for a Planned Unit Development and a Preliminary Plat for 9 residential lots on the Shepard property along Delaware Avenue, as proposed on plans on file in Planning Case No. 98-12 is hereby approved on the following conditions: That the Fire Department and the Police Department review and approve the plan for emergency vehicle access purposes, particularly in respect to the shared driveway for the southwestern two lots. 2. That the trail accessing Dodge Nature Center be marked as a private trail. 3. That all lots have utility easements as deemed necessary by the Engineering Staff 4. That the subdivision be reviewed and approved by Dakota County 5. That the applicant and the City enter into and execute a Developer's Agreement covering at a minimum the following issues: installation of public improvements payment of deferred assessments park contributions page 114 • maintenance of the landscape island in the City right-of-way by the homeowners • design of the monument sign identifying the development BE IT FURTHER RESOLVED by the City Council of the City of Mendota Heights that this approved Conditional Use Permit for a Planned Unit Development and a Preliminary Plat for 9 residential lots on the Shepard property along Delaware Avenue, as proposed on plans on file in Planning Case No. 98-12 under the above conditions would not have an adverse impact on the health, safety and general welfare of the citizens of the community and the surrounding land, and would not be adverse to the general purpose and intent of the Zoning Ordinance. Adopted by the City Council of the City of Mendota Heights this 5th day of May, 1998. ATTEST: By Kathleen M. Swanson, City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS By A`4 Z�' Charles E. Mertensotto, Mayor page 115 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 98- 9 7 A RESOLUTION APPROVING THE FINAL PLAT FOR GLEN TORO SECOND ADDITION WHEREAS, a final plat for Glen Toro Second Addition has been submitted to the City Council; and WHEREAS, the City Council has reviewed said final plat. NOW THEREFORE IT IS HEREBY RESOLVED, by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. That the final plat of Glen Toro Second Addition submitted at this meeting is hereby approved. 2. That the appropriate City Officials be and they are hereby authorized to execute the final plat on behalf of the City of Mendota Heights. Adopted by the City Council of the City of Mendota Heights this 151 day of December, 1998. RIM ATTEST: athleen M. Swanson, City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS Charles E. Mertensotto, Mayor TIE DETAIL NOT TO SCALE GLEN TORO SECOND ADDITION page 116 xs H H (EAST i/a CORNER pY T iyyyy _EGEND IENOTES RlG T OF ACCESS DEDICATED -e A- 0 DAKOTA COUNTY DUND 3/1' IRON PIPE /2- % le IRON PIPE SET MARKEO BY UCENSE NO. 15179) A VOTE IEMINGS BASED ON SOUT R LINE SE /1 SEL 25 ASSUMED TO BEAR '99'SO'22'w RAINAGE AND URUTY EASEMENTS SNOYM THUS: REAR LOT UNE 5� 5 SIDE LOT UNE _T ON LOT LINE NG 5 FEET IN 1NDTH AND ADJOINING SIDE AND REAR LINES, AND 10 FEET IN 1NDTH ANDADJOINING FRONT 'LINES AND ALONG RDADS, UNLESS OTiERMISE NOTED GRAPHIC SCALE w`I I IORTH eo n. ECTDN 25 TES { - - I i MQ.CHIER1 10.L/L•PV MAv1LJl+ATB INC. ENGINEERS - SURVEYORS - LANDSCAPE AFCRITECTS SHFFT P FIF 2 SHFFTC page 117 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 02-05 A RESOLUTION APPROVING A MINOR AMENDMENT TO THE PLANNED UNIT DEVELOPMENT FOR GLEN TORO WHEREAS, Mr. Dewey Thorbeck of Thorbeck Architects has applied for a minor amendment to the Planned Unit Development for Glen Toro to adjust the setbacks on certain lots, and WHEREAS, The City Council has determined that such changes constitute a minor amendment to the approved Planned Unit Development, NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that a minor amendment to the Planned Unit Development for Glen Toro as proposed on plans and materials submitted to the Council for their February 19, 2002 meeting and as presented by the applicant on the evening of February 19, 2002 is hereby approved, including the following: 1. Lot 1, Block 2: 20 foot setback along the E/W rear property line and 10 foot setback along the N/S property line. 2. Lot 2, Block 2: 20 foot setback along the rear property line. 3. Lot 3, Block 2: 20 foot rear property line setback and 10 -foot setback on side yards. 4. Lot 4, Block 2: 20 foot setback on rear property line 5. Lot 5, Block 1 10 -foot setback along easterly property line. BE IT FURTHER RESOLVED by the City Council of the City of Mendota Heights that this approved Minor Amendment to the Planned Unit Development for Glen Toro as proposed on plans and materials submitted to the Council for their February 19, 2002 meeting and as presented by the applicant on the evening of February 19, 2002 would not have an adverse impact on the health, safety and general welfare of the citizens of the community and the surrounding land, and would not be adverse to the general purpose and intent of the Zoning Ordinance. Adopted by the City Council of the City of Mendota Heights this 19th day of February, 2002. ATTEST: ByKathZen M. Swanson, City Clerk CITY COUNCIL CITY '07NDYT IGHTS 13 Charles E. Mertensotto, Mayor EXISTING ---� PROPERTY POND �L INE KUCERA/W.ALSH HOUSE 10' SETBACK (PERMIT APPLIED FOR) tt' S 20SETBACK _ PROPERTY LINED' f rIs SWAN50N HOUSE PROPOSED (PERMIT APPLICATION HOUSE FOR 20' IN EARLY MARCH) LEES SETBACK r \ 20' SETBACK u- tr ' 10 SETBACKS 71 1 Xhi 1G' 1 I 1 Zi-Nl t4•��j�.uf. 4.a� 4`�-r � -� j M�.. \ ' if TZ ' ryl: p[p Me + � ,B•\Asl 14. Ant UTILITY,V�Y - -I -- —EASEMENT _4---- _c SFUIURE OO•ANSION page 118 -� OF LIEN TORO ROAD - ,r ME /J11) i it �..-.^'.-'..-+^ "T �Yi"�� ' a w^=,,.CaY • - Nla. L�'^'t, nlYr'+-�-,— � _... 7S�r/9^`y�k�'t'+"� ,.��%�..- 0 -•{_..74•�i^- ` -R.'f. x �•�,�("� r il�4F �Gnl•-x�V1Ld]?�."u_'W l�{y.J..t, utiI I I r. UTILITY II 1 EASEMEN715 TINGI �ew� n 4] I K NC i N8T43[l 6- 50 ft NSP POWER EASEIMEN N,•Y —11 �, `//.I — — — — — -- — — — — e F--BaU6 R.M.M. o EASEMENT Re97O.EO - 1=aaeso i=a9a°o wecsz° th®rbeck� 1409 minneaiiolls,mn _ GLEN TORO .5EcoNC),4DD1 100 minneapolis, mn 55403 tbm 61 fi71 .000 SETBACK AMENDMENT 2/14/02 ARCH I T E C T S talc fi12871.fi0fi8 Print Preview Planning Case 2015-36 Pu lir: Hearing Notice Mailing List Page I of I page 119 271830003040 273020101020 522 HUBER DR !�1 273020102030 2226 HIGH POINTE CT REBECCA A DEBERTIN 274900001040 JEFFREY A & SARA L SNIIFH ANDREW JR & ❑OLORES BLAHt7 2150 GLEN TORO RD 271830003050 ROBERT H & SIOBAN M NELSON 273020101030 2232 HIGH POINTE CT JERRY F &SUSAN f1 BARTHO ANSIS V & ANN S VIKSNINS 273020101040 273020102010 2100 GLEE! TORO RD 2165 GLEN TORO RD BLAIR B & MICHELLE ALLEN MICHAEL F WA.LSH 27302x0201020 273020101050 2159 DELAWARE AVE BRIAN & GRETA PETERSON MICHAEL) &JULIE M GEREND 274900001050 2.73020201021 542 HUBER DR 102159 DELAWARE AVE CHAS & BARBARA GILBERTSON MICHAEL &JULIE M GEREND 274900001020 514 HUBER DR!*.l 273020102020 MICHAEL V4fAL5H DAVID B & LAURA L HERRIDGE iT� 273020102040 274900001010 545 HUBER DR 0% 508 HUBER DR DAVID E & KATHERINE SWANSON NANCY KROHN 2.74900001030 273020101020 522 HUBER DR 2160 GLEN TORO RD GUY M III TSTE DELAMBERT REBECCA A DEBERTIN 274900001040 273020101010 532 HUBER DR 2150 GLEN TORO RD JAMES E DUNC;AN ROBERT H & SIOBAN M NELSON Disclaimer. Map and parcel data are believed to be accurate, but accuracy is not guaranteed_ This is not a legal Map Scale doceamaent and should riot be substibAed fora .title searchappraisal, survey, or for zoning verification. Dakota County 1 inch = 304 feet assumes no legal responsibility for the information contained in this data. 9/4/2015 http://gis. co.dakota.mn.uslDCGISIWebFonnsIPrint.aspx?img=http:Hgis.co.dakota.mn.us/Co... 9/4/2015 Affidavit of Publication state of Hnnesou I county of Dakota page 120 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 week, for . _ I successive weeks; it was first published on SUNDAY ^, the 13T11 day of SEPTEMBER, 20 15 , 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: ABCDEFGHIJKLMNOPQRSTUVVVXYZ `ABCDEFGHIJKLMNOPQRSTUV WXYZ 'abcdefghilklmnopgrstuvwxyz Subscribed and sworn to before me on th"s 14THday of SEPTEMBER 2015 _j- G- Notary Public BY: TITLE LEGAL C ORDINATOR `Alphabet should be in the same size and kind of type as the notice. =C-MinnesotaD a RATE INFORMATION Mzo (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 .......................... ..... ............. ...... I... $ per col. inch CITY OF IIAt<NDOTA HEIGHTS page 121 NOTICE OF HEARING A PUBLIC HEARING ON A WETLANDS PERMIT AT 2190 GLEN TORO ROAD ,TSD WHOM IT MAY CONCERN: NOTICE is hereby given that the Planning Commission of Mendota Heights will as po sibla thereafter, at 6.00, qr -on a6 soon S tq 2019 irk the Tuesday, Septeln6er 22, City Hall Council Chambers,,1101 vktoria Cun1e,, Meroota HOOP, Minnesota, to con%ider a :wetlands permit, request .at 2i90,.GIgn Toro ` Road for vegetation removal and cgnstruction of a.naw single -family residential dwelling. This r6 u" has been essigried Planning us!* 1 number 2015-38. This notice is. pursuant to IWO 12 (Zoning) of the Mendota Heights,City Cade. Such persons as dare to be � heard with reference to this request i will be heard at this meeting. Larrl.SrnKh dity Clerk (South-West Review: Sept. I.S. 2015) page 122 From: I memo To: Nolan Wall Cc: John R. Mazzitello Subject: Re: Planning Case 2015-33 - Wetlands Permit at 2190 Glen Toro Road Date: Monday, August 10, 2015 10:15:02 AM Attachments: image003.oif Dear Mr. Wall and Mr. Mazzitello, Thank you forsending these materials over so quickly to us and for your helpful information. We have been advised to receive a guarantee in writing from the City of Mendota Heights that any proposed construction at 2190 Glen Toro Rd will not adversely impact the existing drainage system. And, if a problem arises, who is responsible? The city or the property owner? As you are well aware, our rain pond is the overflow for the Gerend (former Shepard) pond. Our pond flows into the 2190 Glen Toro property as needed. We have invested in proper landscaping and sump pumps to ensure that our home is safe from water. Any adverse changes could have a serious impact on our property and we simply. wish to avoid that situation. Unfortunately, we cannot attend this upcoming meeting as we will be out of the country but are available this week. Respectfully, Maureen Kucera-Walsh Mike Walsh Sent from my iPad On Aug 7, 2015, at 1:08 PM, Nolan Wall <nolanwomendota-heights.com> wrote: Ms. Kucera — Attached are the submitted application materials regarding this case. The public hearing will be held at the 8/25 Planning Commission meeting — if action is taken that night, it will be forwarded to the City Council for final approval/denial on 9/1. If you have comments and are not able to attend the meetings, please send them in writing and will pass them along as part of the case for consideration. The staff report and agenda for the 8/25 meeting will be available on the city's website by 8/21. Please let us know if you have any questions, Thanks page 123 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com mCITY OF MENDOTA HEIGHTS DATE: October 6, 2015 TO: Mayor, City Council, and City Administrator FROM: John R. Mazzitello, PE, PMP Public Works Director/City Engineer SUBJECT: New Water Service Agreement (Originally Heard/Tabled September 15th, 2015) BACKGROUND The City of Mendota Heights has been in its existing contractual agreement with Saint Paul Regional Water Service (SPRWS) since 1995. The agreement expires in December of 2015, and SPRWS has initiated the process of renewing the agreement. Under the current agreement, the City of Mendota Heights owns the distribution system and is responsible for all routine maintenance, rehabilitation, and replacement of system components. SPRWS supplies the water and is responsible for all emergency repairs, inspection or completion of new or replacement projects, and conducts all billing for the utility. Because of this arrangement, SPRWS charges a rate 20% higher than their base rate for other municipal customers to all customers in the City of Mendota Heights. Additionally, the City charges a 10% surcharge to all water utility customers to gain revenue for the Water Utility Fund, which is used to fund maintenance activity as well as rehabilitation and replacement projects. The proposed contract has been reviewed at 2015 City Council Workshop sessions held on February 3ra, May 15th, June 29th, and August 24th. An initial hearing of the proposed agreement took place at the September 15th City Council meeting. An updated version of the proposed contract, including all updates and revisions made based on the comments and questions received during the September 15th City Council meeting is attached. Also attached is a clean final draft of the proposed agreement without red -line edits. In the September 15th City Council meeting agenda packet, the Council was provided the following information. Staff has these items available for reference if needed: 1. May 9, 2013 memo to Council — Identifies —32.5 miles out of 88.5 miles of water main (37%) as being Cast Iron with a replacement cost (2013 dollars) of —$9.75 million 2. Mendota Heights System Map showing remaining Cast Iron Pipes 3. SPRWS "Heat Map" showing mains and repair potential (matches up with City Cast Iron map) 4. SPRWS 2013 (most recent available) Annual Report 5. SPRWS 2013 (most recent available) Financial Report 6. SPRWS 2016 Proposed Budget Summary 7. SPRWS 2016 Proposed Budget Cover Letter 8. SPRWS 2013-2015 Strategic Plan 9. SPRWS 2014 Water Quality Report 10. SPRWS June 2015 Water Analysis Report 11. SPRWS 2015-2015 CIP page 124 In addition, SPRWS offered the following explanation of their Capital Improvement Planning process at the request of the Council: "SPRWS uses a 10 year capital plan, which is included in annual budget documents presented to the Board. The attached plan was approved by the Board in March. The water mains, hydrant, and services budget is approved as part of each annual budget. Needs are determined by engineering staff based on break history, age of pipe, and other factors used to prioritize replacement needs. These needs are then coordinated with the host cities and other utilities as best as possible and finally prioritized based on resources available." — Steve Schneider, General Manager, SPRWS. UPDATE The proposed Omnibus Agreement can be summarized by the following (covered in detail at the September 15th City Council Meeting): • Mendota Heights deeds ownership of the water distribution system to SPRWS • Mendota Heights would be able to enter into a separate agreement with other municipal partners (Maplewood, Falcon Heights, Lauderdale, West Saint Paul) and hold one of two seats on the Board of Water Commissioners • SPRWS would be responsible for all routine maintenance, emergency repairs, and capital improvements • Mendota Heights would still be responsible for painting the fire hydrants • SPRWS and Mendota Heights are required to review capital projects at least once per year, SPRWS cannot initiate a capital project without MH concurrence • Surcharge will be eliminated through the following schedule: 0 2016-20% 0 2017-20% 0 2018-20% 0 2019-18% 0 2020-18% 0 2021-14% 0 2022-0% • SPRWS would utilize the surcharge and $4.40 flat fee per bill (ending in 2022) to accumulate the funds necessary to complete capital improvement projects on deficient mains as identified in contract Exhibits A -D • In the event SPRWS is purchased or dissolved, Mendota Heights has the right to choose between remaining under agreement with the new operating agency, or to regain ownership of the system • SPRWS would warranty all repairs for 1 -year after certified completion of the repair or improvement • Mendota Heights would collect cell tower revenue from the water tower according to the following schedule: 0 2016-100% 0 2017-100% 0 2018-100% 0 2019-100% 0 2020-100% 0 2021-100% 0 2022-50% o All years after 2022 — 50% • Mendota Heights would retain ownership of the land the water tower sits on; SPRWS would own the water tower itself • Mendota Heights would grant SPRWS access across City land via easement to get to the water tower • SPRWS would allow Mendota Heights to store items in the water tower via easement page 125 • No exterior modifications or alterations to the water would be completed without the prior permission of Mendota Heights (will be included in the cross -easement agreement for access & storage) • SPRWS would complete all quarterly billing • SPRWS would administer any City surcharge Mendota Heights sees fit to charge • SPRWS would collect 2% of surcharge funds collected as an administrative fee • Mendota Heights may place billing inserts into the SPRWS bills • Mendota Heights would not be allowed to connect a supplemental water source to the SPRWS system, although independent systems (not connected) may exist • Mendota Heights would be responsible for any adjustments to the water system that are directed by the City (relocation of fire hydrants, Valve box casting replacement, etc.) and not part of an Identified SPRWS improvement • Mendota Heights would not be billed for water consumed for fire response of fire training • Mendota Heights would be billed at standard retail rates for water consumed (other than fire) • SPRWS would get 60 days to fix any report of failure of service • Mediation would occur after 60 days if service issue is not sufficiently resolved • Mendota Heights may choose (for any reason) to terminate the agreement and regain ownership of the system o Mendota Heights would reimburse SPRWS for the depreciated costs of capital improvements made to the system not listed in exhibits A -D o Mendota Heights would be reimbursed for any funds collected but not expended on the capital improvements listed in Exhibits A -D Revisions to the contract have been made based on Council questions and comments at the September 15th, 2015 Council meeting. Those changes are shown in the edited version of the contract attached. A clean, revised copy of the proposed contract is also attached for Council action. BUDGET IMPACT The impacts to the annual budget will not affect the General Levy. The proposed ownership conveyance agreement would reduce revenues to the Water Utility Fund (dependent on what level, if any, surcharge is kept on water bills by the City), but would also greatly reduce expenses from that fund. While not related to the City budget, the ownership conveyance would reduce the rates paid by Mendota Heights' water users in the long term. RECOMMENDATION Staff recommends Council approve the Attached Omnibus Agreement with SPRWS. Approval of this agreement requires a simple majority vote. page 126 OMNIBUS AGREEMENT BETWEEN THE CITY OF MENDOTA HEIGHTS AND THE BOARD OF WATER COMMISSIONERS OF THE CITY OF SAINT PAUL This Agreement, dated this day of , 2015, is by and between the BOARD OF WATER COMMISSIONERS OF THE CITY OF SAINT PAUL ("Board"), and the CITY OF MENDOTA HEIGHTS ("Mendota Heights"). WHEREAS, the Board has provided water services to properties located within the City of Mendota Heights continuously since 1962 pursuant to the terms of retail water service agreements between the Board and Mendota Heights, with the current agreement dated December 27, 1995 being scheduled to expire on December 26, 2015; and WHEREAS, the Board and Mendota Heights have reached a mutual understanding by which the Board will continue to provide water services to properties within the City of Mendota Heights at water rates that will become equal to the rates charged to properties within the City of Saint Paul; Mendota Heights will have representation on the Board of Water Commissioners through suburban representation; and Mendota Heights will convey title to its water facilities to the Board. NOW THEREFORE, in consideration of the respective covenants contained herein, Board and Mendota Heights do hereby agree as follows: ARTICLE I Section 1. EFFECTIVE DATE This Agreement is effective on December 27, 2015, or after execution by the designated officials as authorized by resolution of the Board and Mendota Heights, whichever occurs last. page 127 Section 2. EXISTING CONTRACTS SUPERSEDED As of the effective date of this Agreement, all previous water service agreements and contracts existing between the Board and Mendota Heights shall be and are hereby superseded. Section 3. BOARD REPRESENTATION BY MENDOTA HEIGHTS An ordinance, approved on December 11, 1996 by the Saint Paul City Council, amended the Saint Paul Home Rule Charter to increase the membership of the Board of Water Commissioners and allowed the appointment of suburban representatives to said Board. In accordance with the terms of that amendment, the Board has increased its membership to seven (7) members. Of those seven (7) members, two (2) Non -Saint Paul resident members represent all suburban cities served by agreements similar to this Agreement, and this provision would apply to Mendota Heights. Mendota Heights will contract separately with the other suburbs with regard to representation. In the event that the total number of residential water accounts plus commercial and industrial accounts (excluding auto -fire accounts) of communities located outside the City of Saint Paul and served by agreements similar to this Agreement exceeds forty-three percent (43%) of the total number of the Board's water accounts, the Board will seek to change the number of Saint Paul appointees to four (4) and the number of suburban representatives to three (3). ARTICLE II Section 1. BOARD TO EXTEND SERVICE TO MENDOTA HEIGHTS The Board will extend its water service to properties located within the City of Mendota Heights subject to the rules and regulations enacted by the Board of Water Commissioners and in accordance with the terms of this Agreement. Mendota Heights does hereby concur in the Board's extension of its water service and does hereby grant permission to the Board to construct, operate, maintain, repair, and replace water mains and other necessary appurtenances within the streets and rights-of-way of the City of Mendota Heights. The Board is responsible to provide an adequate quantity of water to page 128 properties located within the City of Mendota Heights, and to provide routine maintenance and repair to all of the facilities operated by Board in the supply of water, pursuant to the same terms, conditions, and policies that it follows for the provision of similar properties located within the City of Saint Paul. Section 2. MENDOTA HEIGHTS MUNICIPAL CODE The Board shall abide by the city of Mendota Heights Municipal Code when performing work in Mendota Heights' rights-of-way. Mendota Heights agrees to waive permit fees required for utility work and excavation in Mendota Heights' rights-of-way for the duration of the phase-in schedule described in Article III, Section 1 of this agreement. Section 3. CONSTRUCTION COORDINATION In order to provide the greatest efficiency and to minimize traffic disruptions and replacement costs, Board shall perform water main replacement and/or other water system repair work in conjunction with Mendota Heights street paving projects whenever possible. Section 4. AUTHORITY TO EXTEND SYSTEM Mendota Heights does hereby agree that the Board has full and exclusive right to construct and maintain water piping in Mendota Heights' property and rights of way, including public easements, for extending the Board's water system to municipalities located beyond the corporate limits of Mendota Heights. Routing of mains and appurtenances shall be coordinated with Mendota Heights' City Manager, which approval shall not be unreasonably withheld or delayed. The Board shall be solely responsible for all costs associated with the construction of such water system extensions, including the design, construction, and street restoration. Section 5. EXISTING MAINS AND APPURTENANCES OWNED BY MENDOTA HEIGHTS Upon the effective date of this Agreement, the Board will assume the maintenance and repair of all the existing water mains, hydrants, service connections, tanks, and appurtenances. The Board recognizes that the appearance of the existing tank located at 2431 Lexington Avenue page 129 holds a special iconic value to the City of Mendota Heights. Therefore, any modifications that may significantly change its appearance shall require the approval of Mendota Heights, which approval shall not be unreasonably withheld. Section 6. MENDOTA HEIGHTS TO CONVEY TITLE TO FACILITIES Mendota Heights shall, by resolution of its City Council, and by appropriate deed of conveyance acceptable to the Board, convey to the Board all of its rights, title, and interest to all water mains, hydrants, service connections, tanks, and appurtenances owned by Mendota Heights including all easement rights held by Mendota Heights for the purpose of installing, repairing, maintaining, or replacing public water mains and appurtenances. It is intended by the parties hereto that the said conveyances shall be free and clear of all liens and encumbrances whatsoever, and thereafter title shall remain with the Board except as may be otherwise provided by the terms of this Agreement. Section 7. EASEMENT AT TANK SITE Mendota Heights agrees to provide an perpetual easement, in a separate recordable document, to the Board for purposes of access and maintenance at the water tower tank site located at the northwest quadrant of the intersection of Medallion Drive and Lexington Ave S in the City of Mendota Heights to be in effect by the date of execution of this Agreement. ARTICLE III Section 1. WATER RATES Commencing December 27, 2015, water rates, surcharges, and fees charged by the Board to properties located within the City of Mendota Heights shall be adjusted to the following Phase -In Schedule: PHASE-IN SCHEDULE December 27, 2015 through December 26, 2016 — 120 percent of Saint Paul rate December 27, 2016 through December 26, 2017 120 percent of Saint Paul rate December 27, 2017 through December 26, 2018 120 percent of Saint Paul rate page 130 December 27, 2018 through December 26, 2019 — 118 percent of Saint Paul rate December 27, 2019 through December 26, 2020 — 118 percent of Saint Paul rate December 27, 2020 through December 26, 2021 — 114 percent of Saint Paul rate December 27, 2021 and thereafter — 100 percent of Saint Paul rate Saint Paul Regional Water Services ("SPRWS") performed an assessment of Mendota Heights water facility assets and identified certain assets that are deemed to be deficient and require upgrade or replacement. All assets not so identified, including the water tower, have been determined to be in acceptable condition and are not in need of improvement at the time of acquisition. The Board recognizes Mendota Heights' renovation of the water tower in 2010. Funds generated from water rates greater than 100 percent of the Saint Paul Rate shall be used to compensate the Board for certain additional costs it agrees to assume pursuant to this Agreement, which costs are more fully described in Article III Sections 2 through 4 of this Agreement. The board shall have full authority in the scheduling and performance of the corrective work. Section 2. DEFICIENT MAINS Deficient water mains based on break history, a pipe failure predictability model, and SPRWS Standard for the Installation of Water Mains, as identified in Exhibit "A", attached hereto and incorporated herein, shall be replaced at Board expense. Mendota Heights shall pay the costs to adjust the depth on segments of main with non- conforming earth cover as listed in Exhibit "B", attached hereto and incorporated herein. Mendota Heights is responsible to manage and maintain water main easements such that the Board has ready access to conduct water facility maintenance, repair, and replacement or relocation activities. However, extraordinary costs due to the existing placements of water mains or services in non -conforming public water main easements as listed in Exhibit "C" shall be the responsibility of the Board. Section 3. WATER SERVICES WITH HISTORY OF FREEZING page 131 The Board shall be responsible for the costs of replacing, lowering, and/or insulating the water services to those services listed in Exhibit "D", attached hereto and incorporated herein, which have a history of freezing. Section 4. ANTENNAE Extraordinary costs incurred in the maintenance of existing or future tanks serving Mendota Heights due to the placement of antennae facilities on or near such tanks shall be the responsibility of the Board, excepting those costs previously made the responsibility of any lessees as a course of existing and/or future leases entered into between Mendota Heights and a third party. ARTICLE IV Section 1. CONSOLIDATION OR ACQUISITION; MENDOTA HEIGHTS' OPTIONS In the event that the Board ceases to operate in its present form due either to consolidation with a local or regional authority or to an acquisition of its assets by another entity (together referred to as "Alternate Authority"), it is the intent of the Board and Mendota Heights to protect the rights of Mendota Heights properties to the continued supply of an adequate water service as well as to adequately compensate Mendota Heights for its previous investments in the water facilities located within its boundaries. The rights and liabilities of this Agreement are not transferable or assignable by either party without the written consent of the other. Therefore, to the extent legally permissible the Board shall insure that in the event of any such consolidation or acquisition, Mendota Heights may choose to terminate this Agreement and reacquire the system,or negotiate a new water service agreement with the Alternate Authority. In the event Mendota Heights should elect to terminate this Agreement, then and in that event, it is hereby agreed that: a) The Board shall for the sum of one dollar ($1.00), reconvey title to the facilities and real estate previously conveyed by Mendota Heights, pursuant to Article II, Section 6 of this Agreement; and page 132 b) The Board shall request, to the extent legally permissible, that the Alternate Authority execute a water service contract with Mendota Heights so as to continue to provide an adequate water service to properties located within Mendota Heights; and c) The Board shall be compensated for the depreciated value of all water mains and other water service facilities, including water meters, hydrants, and other appurtenances, constructed or caused to be constructed by the Board to serve the Mendota Heights water system from and after the effective date of this Agreement. The Board shall receive such compensation from the Alternate Authority and not from Mendota Heights. In the event that Mendota Heights elects not to terminate this Agreement, the Board shall require that the Alternate Authority assume the Board's contractual obligations as set forth in this Agreement, and shall require that Mendota Heights be compensated for the amortized value of the facilities and real estate previously conveyed to the Board pursuant to Article II, Section 6, of this Agreement. Section 2. FACILITIES INVESTMENT The Board shall monitor and track all water system infrastructure investments within Mendota Heights to identify to what degree those investments benefit Mendota Heights. The Board shall monitor and track its investments in the water system, treatment plant, and transmission mains outside of Mendota Heights to identify to what degree those investments benefit Mendota Heights. The Board shall determine the asset value of Mendota Heights' existing water system in order to assist Mendota Heights in determining whether to enter into a new agreement with the Alternate Authority, or to regain ownership of the system. ARTICLE V Section 1. MAINS CONSTRUCTED BY MENDOTA HEIGHTS When Mendota Heights installs new water mains, service connections, and/or appurtenances for the distribution of water within the corporate limits of Mendota Heights, all construction shall be in accordance with Board standards. Plans of all extensions to the water system by Mendota Heights shall be submitted for approval to the Board before advertising for bids, awarding contracts, or beginning of actual construction. This initial construction for water page 133 system expansion shall be considered development costs and shall be provided at no expense to the Board. Costs for engineering plan review, inspection and other miscellaneous activity by Board forces required by the water system expansion shall be reimbursed to the Board. Mendota Heights agrees to provide the Board with "as -built plans" of all such extensions of the water system. Section 2. NEW FACILITIES; FURNISHED BY THE BOARD The Board may construct and maintain new water service facilities and appurtenances, including all extensions of such facilities and appurtenances. Title to all such facilities shall be held by the Board. Section 3. WARRANTY The Board and Mendota Heights further agree that as Mendota Heights constructs and contracts for the construction of new mains, services, and/or appurtenances to be connected to the system and supplied with water by the Board, that the Board shall not be responsible for the maintenance or repairs to such newly constructed additions to the water supply system until one (1) year from the date the same have been placed in operation, or until the Board has notified Mendota Heights in writing of the acceptance of such installation, whichever date is earlier. At such time that the Board assumes responsibility for the maintenance and repair of said new water system facilities, Mendota Heights will convey said facilities to the Board according to the conditions of Article II, Section 6. Section 4. STANDARDS Water mains, services, and appurtenances shall be in conformity with the established standards, rules, and regulations as are in effect at the execution of this Agreement or as may thereafter be established by the Board. Mendota Heights and Board staff shall meet upon the request of either party to discuss standards relating to water system construction. Where differences in standards are not resolved at the staff level, the Board shall have the ultimate authority for determining such standards. Section 5. SERVICE CONNECTION APPLICATIONS page 134 New applications for water service connections shall be made to and through the Board, and each applicant shall furnish the Board a certified street address established by Mendota Heights. No new service connection work shall be performed by Mendota Heights or its agent until the Board's application process has been completed and inspection of the installation work scheduled by the Board. Section 6. SERVICE CONNECTIONS — INSTALLED BY BOARD It is agreed that, except in those projects which may be mutually designated by the parties, all service connections from the main to the property line shall be installed by Board forces under rules identical with those in effect in the City of Saint Paul, or as may hereafter be modified by the Board. The charges for such service connections shall be in accordance with charges established from time to time by the Board. Section 7. SERVICE CONNECTION GUARANTEE BY BOARD The Board shall make all necessary repairs and maintenance to that part of the service connection located within the public right-of-way, under rules identical with those in effect in the City of Saint Paul. This requirement shall apply to all existing and future service connections constructed to Board standards. Service connections from private mains or a system not served by the Board's water supply shall not be so guaranteed. Section 8. PIPING, FIXTURES, ETC. Mendota Heights shall, by the enactment of suitable rules, regulations, or ordinances, require that all piping, fixtures, accessories, or on premises piping in any manner connected to the public water system supplied by the Board, shall be of the same materials, installed in the same manner, and meet the same standards as are required for the same or similar work in the City of Saint Paul. Section 9. RIGHT TO INSPECT The Board, through its officers, agents, and employees, shall have the right at all times to examine, inspect, and test any materials or workmanship used, or to be used, in connection with the water system within Mendota Heights and supplied with water by the Board, or connections page 135 thereto, for the purpose of determining whether or not they comply with the foregoing provisions. For the same purpose, the Board shall have the right to examine and inspect the materials, workmanship, and method of installation of plumbing connections to said water system. ARTICLE VI Section 1. ANTENNAE Mendota Heights shall transfer to the Board all ownership rights to Mendota Heights' water service facilities, including easements and access rights for the transmission and reception of radio communication signals in and on its water tower, located at 2431 Lexington Avenue South ("Tank"). However, because Mendota Heights desires to retain control over the placement of antennae on the Tank after such ownership has been transferred to the Board, the Board agrees to enter into a site lease agreement with Mendota Heights, which grants back to Mendota Heights the right and authority for placement of existing and future antennae on the Tanks ("Site Lease"). The parties shall execute said Site Lease, identified as Exhibit "E," attached hereto and incorporated herein, as part of this Agreement. In said Site Lease, the parties agree that, prior to approval by Mendota Heights of third -party sub -lease agreements for the placement of antennae or any other facilities on the Tank, Mendota Heights shall first submit proposed plans and said third -party sub -lease agreements to the Board for prior review and approval, which approval shall not be unreasonably withheld. The parties further agree in said Site Lease that, due to the increased administrative, impact review, maintenance, liability, staff, and other costs associated with such placements, Mendota Heights shall compensate the Board by paying to it fifty percent (50%) of the total revenues received from any and all such activities. The Board shall initially collect payment as part of Article III, Section 1, Phase -In Schedule in the amounts shown in Exhibit "F". Pursuant to said Site Lease, beginning December 26, 2020, Mendota Heights shall pay directly to the Board fifty percent (50%) of said gross revenues within thirty (30) days of receipt of same. Section 2. STORAGE IN TANK COLUMN/TANK GROUNDS ACCESS page 136 Mendota Heights presently uses the column base of the Tank for storage. Mendota Heights and the Board shall execute a separate agreement that shall establish a lease for one dollar ($1.00) allowing Mendota Heights to continue storage of equipment in the column of the Tank. Said lease shall identify the responsibilities and obligations of both Mendota Heights and the Board concerning equipment storage. As part of said lease, Mendota Heights will be responsible for maintenance of the grounds including turf and roadway access to the tank within the easement conveyed to the Board. ARTICLE VII Section 1. RIGHT-OF-WAY All expenses or costs accruing to the water system in Mendota Heights, which result from the maintenance, reconstruction, grinding, overlaying, or paving of public streets, alleys, or rights-of-way resulting from the action of Mendota Heights, County of Dakota, or State of Minnesota, shall be the responsibility of Mendota Heights. Changes proposed by Mendota Heights, County of Dakota, or State of Minnesota to the elevation of public streets, alleys, or rights-of-way where water system facilities are situated shall be reviewed and approved in advance by the Board. The Board and Mendota Heights agree that the Board's standards pertaining to elevation changes, grades, and earth cover over water system facilities shall apply to all said elevation change proposals. Where elevation changes are greater than the parameters outlined in the Board's standards, all expenses or costs accruing to the water system in Mendota Heights shall be the responsibility of Mendota Heights. Section 2. ACCESS TO INFRASTRUCTURE Mendota Heights shall allow the Board uninterrupted access to all water mains, hydrants, service connections, tanks, and appurtenances within the public streets, alleys, or rights-of-way under the jurisdiction of the City of Mendota Heights. Section 3. PUBLIC WATER MAIN EASEMENTS page 137 Mendota Heights warrants that all public water mains and appurtenances outside public street rights-of-way are situated within perpetual easements guaranteeing access rights for the purpose of maintenance, repair, or replacement of such mains and appurtenances. ARTICLE VIII Section 1. BOARD TO FURNISH METERS The Board shall furnish, install, retain title to, and maintain all water meters required by the Board for its domestic and commercial water service accounts to properties located within the City of Mendota Heights. Section 2. BILLING AND COLLECTION The Board shall have full responsibility for reading water meters and billing and collection of accounts, pursuant to the rules, regulations, statutes, and policies of the Board. Mendota Heights shall immediately adopt an ordinance giving the Board authority to certify past due billed charges to Dakota County for collection with property taxes. Any unpaid bills shall become a continuing lien on the property. Mendota Heights shall indemnify, defend, and hold harmless the Board against any claim, action or lawsuit brought to dispute any such certification or unpaid bill. Upon receipt by Mendota Heights or the Board of such claim, action, or lawsuit, Mendota Heights shall reimburse the Board the full amount of the disputed certification to the extent Mendota Heights has received those funds. Section 3. OPTIONAL BILLING AND COLLECTION SERVICES Mendota Heights may choose to have the Board perform additional billing services (for example; sanitary sewer or storm water billing). If Mendota Heights makes this selection, the parties shall execute a written addendum to this Agreement, which shall specify the responsibilities of each party with regards to such additional billing services. Section 4. WATER SURCHARGE Mendota Heights has established a water surcharge equal to ten percent (10%) of the charge imposed for water supplied to properties within the City of Mendota Heights ("Mendota page 138 Heights Water Surcharge"). Mendota Heights will pay the Board a monthly payment equal to two percent (2%) of the total monthly Mendota Heights Water Surcharge collections. The Board will send a monthly payment to Mendota Heights equal to the amount of collections received during the month (less the two percent (2%) for billing and collection) on or before the 15th day of the following month. Section 5. BILLING INSERTS Mendota Heights may provide materials to be inserted with the water bills of customers located within Mendota Heights, with the prior approval of the Board, at a reasonable charge to Mendota Heights for the cost of such bill -stuffing process. Said material shall not cause the mailing to exceed the postal weight limit. ARTICLE IX Section 1. SUPPLEMENTAL WATER SUPPLY No supplemental supply of water shall be connected to the water system being served by the Board without the prior written approval of the Board. This Agreement shall not preclude Mendota Heights from obtaining a portion of its water from any source approved by the Minnesota Department of Health in areas where water supply from the Board is impractical or unworkable, or in case a central water supply system is constructed and installed for a housing development prior to the extension of water mains supplying the area with water provided by the Board. However, in no case shall there be direct connections between the Board's supply system and other supply systems, and when the Board's supply system is practical and workable, the other supply shall be discontinued and disconnected, at no cost to the Board. Existing private wells are exempted from this requirement, and no direct connection to the Board's supply shall be permitted. ARTICLE X Section 1. RULES AND REGULATIONS. page 139 The use and distribution of water in Mendota Heights derived from the supply furnished from the Board shall at all times be governed by rules, regulations, policies, and conditions which the Board has heretofore adopted for the City of Saint Paul, or which it may hereafter adopt concerning the preservation, regulation, and protection of its water supply, including water waste, water conservation, sprinkling restrictions and water use for air conditioning equipment; and as more fully detailed in the most recent version of "Title XI — Water Utility, Legislative Code of the City of Saint Paul" and "Saint Paul Regional Water Services Standards for the Installation of Water Mains". Mendota Heights shall be notified of any consumption or usage restrictions adopted by the Board prior to its implementation. Mendota Heights shall enact such rules, regulations, policies, and conditions into ordinances, make them legally effective and binding, and shall provide the Board with copies thereof. Within sixty (60) days after the effective date of this Agreement Mendota Heights shall also enact any amendments thereto adopted by the Board within sixty (60) days after being notified of such adoption, and shall adopt suitable penalties for the violation of rules, regulations, policies, and conditions, and shall strictly enforce such rules, regulations, and requirements. Section 2. BOARD'S JURISDICTION IN MENDOTA HEIGHTS It is further agreed that the Board, through its officers, agents, and employees, shall have the same authority and jurisdiction in the enforcement of such rules and regulations in Mendota Heights that the Board has in the City of Saint Paul. Section 3. MENDOTA HEIGHTS' PERMITTING AUTHORITY Mendota Heights does issue permits to other governmental and private agencies for the installation of natural gas, telephone, cable, and other facilities. Mendota Heights shall cooperate with the Board to assure no location conflicts occur. Mendota Heights shall cooperate to the fullest extent possible in protecting the water system by ensuring facility installation, replacement or repair is permitted in strict accordance with the Board's standards and performing the terms and conditions of this Agreement. ARTICLE XI Section 1. HYDRANTS page 140 Hydrant use for purposes other than firefighting by Mendota Heights shall be subject to the same rules and regulations applied by the Board in the City of Saint Paul. Mendota Heights Fire Department requires hydrants with one (1) large and two (2) small nozzles, and the Board shall maintain the water system with this type of hydrant. Section 2. INSPECTION OF HYDRANTS Board forces shall perform an annual inspection of all standard public hydrants in Mendota Heights. Repair and maintenance work, except for painting, required on all standard public hydrants in Mendota Heights shall be performed by Board forces in the same manner as that same work is performed in the City of Saint Paul. Section 3. PAINTING OF HYDRANTS Mendota Heights shall paint all public hydrants in Mendota Heights, and shall do so in accordance with the Board's established standards for such work. Mendota Heights shall notify Board staff of its schedule to perform such painting prior to commencement. Mendota Heights may designate a hydrant cap color code to distinguish dead end mains, circulating mains, and other selected criteria. Section 4. HYDRANT NOZZLE THREADS The Board recognizes the Saint Paul Standard for hydrant nozzle threads as selected by Mendota Heights for hydrants within the city of Mendota Heights. All new and replacement hydrants shall include one Storz connection. Section 5. RELOCATIONS AND ADJUSTMENTS Where relocations or adjustments of hydrants are necessary due to public works projects, or for other reasons, Board forces shall perform the required work and Mendota Heights shall reimburse the Board for all costs and expense thereof. Section 6. FIRE USE page 141 In consideration for Mendota Heights' agreement to paint all standard and non-standard hydrants, the Board shall not charge Mendota Heights for water used for municipal firefighting and fire equipment testing. Section 7. STREET CLEANING Mendota Heights agrees to keep a record of all water used for street sprinkling, street flushing, sewer maintenance, and/or any related uses and to pay for the same annually to the Section 8. LOCATION MARKERS Where it is necessary for the location of hydrants to be marked with flags, signage, etc. for firefighting or other purposes, Mendota Heights shall pay for said markers and assume the costs thereof, including installation, maintenance, and liability. Section 9. SNOW REMOVAL Any snow removal from and around fire hydrants for any purpose shall be performed by Mendota Heights at its sole expense. Section 10. HYDRANT SPACING Mendota Heights staff including emergency services) has reviewed the hydrant spacing throughout the water system and has determined that the current hydrant spacing is adequate. Hydrants with a spacing of greater than 700 feet are listed in Exhibit "G", attached hereto and incorporated herein. The cost of future changes to hydrant spacing requested by Mendota Heights shall be borne in total by Mendota Heights. When requested by the Board, the cost to provide hydrant spacing reduction shall be borne in total by the Board. ARTICLE XII Section 1. AGREEMENT AMENDMENTS page 142 Mendota Heights and the Board agree that from time to time changes to this Agreement may be necessary. Mendota Heights and the Board agree that said changes shall be in the form of written addendums to this Agreement and shall be valid only when duly approved by and executed on behalf of the respective parties. ARTICLE XIII Section 1. NOTICES In the event that Mendota Heights should deem that the Board has failed in its obligations to supply an adequate water supply and normal maintenance of the facilities, or should find cause that the Board is failing in its provision of services, Mendota Heights shall notify the Board in writing, setting forth the specific details of any such claim of failure(s). Notices shall be sent by certified mail to the parties at the following addresses: Mendota Heights City Administrator 1101 Victoria Curve Mendota Heights, MN 55118 General Manager Board of Water Commissioners 1900 Rice Street Saint Paul, MN 55113 Section 2. CORRECTIVE ACTION Board shall undertake to correct the claimed failure(s) within sixty (60) days from the date it receives said written notification. The Board shall notify Mendota Heights in writing within the specified sixty (60) day period what necessary corrective actions have been taken, if any, and any explanation if the Board disagrees with Mendota Heights' claim of failure(s). Section 3. MEDIATION Following the specified sixty (60) day period, if Mendota Heights deems that sufficient corrective actions have not been taken, it may require that its claim of failure(s) be submitted to mediation by a panel of three (3) persons. Mendota Heights and the Board may each appoint a representative to the panel, and those two appointed representatives shall select the third member. The mediation panel shall provide a reasonable opportunity to both Mendota Heights page 143 and the Board to express its opinions and facts regarding whether the Board is adequately and reasonably performing its obligations under this Agreement. The mediation panel shall submit its written findings, conclusions, and recommendations to Mendota Heights and the Board within sixty (60) days after the parties' presentation of facts. By agreeing to this provision, neither party forfeits any rights it may have to fully pursue any claim to the fullest extent provided by law. Section 4. OPTION TO TERMINATE; FIVE-YEAR NOTICE Mendota Heights may elect to terminate this Agreement by giving written notice to that effect via certified mail to the Board. Notice of termination shall specify the effective date of termination, which in any event shall not occur until at least five (5) years following the date of election to terminate. Section 5. RECONVEYANCE; COMPENSATION Upon the effective date of termination of this Agreement, Board will reconvey title to the facilities previously conveyed by Mendota Heights pursuant to Article II, Section 6 of this Agreement for the sum of $1.00, and Mendota Heights will compensate the Board for depreciated value of all water service facilities, including water mains, hydrants, water tower, and other appurtenances constructed by the Board to serve the Mendota Heights system from and after the date of the execution of this Agreement. Such compensation shall be reduced by the amount of funds received by the Board, pursuant to Article III, Section 1 Phase -In Schedule and as itemized in Exhibits A, B, C, and D for the correction of facilities or circumstances, which have remained unused for their intended purpose at the time of termination. — The remainder of this page left intentionally blank — page 144 Exhibit A Deficient Mains ON STREET LOCATION LENGTH COST/FT TOTAL COST BROMPTON PL SIBLEY MEMORIAL HWY TO 220'S 238 $ 150.00 $ 35,700.00 APACHE ST 300' N OF CHEYENNE TO KEOKUK 1755 $ 150.00 $ 263,250.00 APACHE ST KEOKUK TO PUEBLO 770 $ 150.00 $ 115,500.00 AZTEC LN 100'N OF CREEK TO HOKAH 1140 $ 150.00 $ 171,000.00 AZTEC LN HOKAH TO CUL-DE-SAC 310 $ 150.00 $ 46,500.00 CHEYENNE LN 200'E OF PONTIAC PL TO APACHE ST 1250 $ 150.00 $ 187,500.00 CREEK AVE AZTEC TO DODD 750 $ 150.00 $ 112,500.00 DECORAH LN PUEBLO TO PONTIAC 760 $ 150.00 $ 114,000.00 EASEMENT 629 FOX TO DODD 325 $ 150.00 $ 48,750.00 FOX PL CREEK TO AZTEC 800 $ 150.00 $ 120,000.00 HOKAH AVE AZTEC TO DODD 325 $ 150.00 $ 48,750.00 KEOKUK LN PUEBLO LN TO APACHE 850 $ 150.00 $ 127,500.00 KEOKUK LN W OF PUEBLO DR 100 $ 150.00 $ 15,000.00 KEOKUK LN APACHE TO PUEBLO DR 450 $ 150.00 $ 67,500.00 MOHICAN CT PUEBLO LN TO 450'S 450 $ 150.00 $ 67,500.00 MOHICAN LN PUEBLO LN TO PUEBLO DR 900 $ 150.00 $ 135,000.00 NAVAJO LN PONTIAC TO PUEBLO 650 $ 150.00 $ 97,500.00 OCALA LN PONTIAC TO 200' E 350 $ 150.00 $ 52,500.00 PONTIAC PL CHEYENNE TO APACHE ST 1200 $ 150.00 $ 180,000.00 PUEBLO DR KEOKUK TO MOHICAN 275 $ 150.00 $ 41,250.00 PUEBLO DR S OF MOHICAN 150 $ 150.00 $ 22,500.00 PUEBLO LN DECORAH TO MOHICAN 1100 $ 150.00 $ 165,000.00 PUEBLO LN S OF MOHICAN 150 $ 150.00 $ 22,500.00 DECORAH LN INTERSECTION OF APACHE ST 40 $ 150.00 $ 6,000.00 EASEMENT 649 AZTEC TO APACHE 600 $ 150.00 $ 90,000.00 EASEMENT 450 INTERMEDIATE EASEMENT 400 $ 150.00 $ 60,000.00 TOTAL LENGTH 16088 $ 2,413,200.00 Exhibit B Excessive Depth ON STREET LOCATION EASEMENT 568 EASEMENT 568-3 TO EAGLE RIDGE DELAWARE AVE DODGE TO HUBER TOTALLENGTH page 145 LENGTH COST 580 $ 7280.00 2250 $ 93,275.00 2335 $ 100,555.00 page 146 Exhibit C Non -conforming Easements 1. North of Diane Rd from Wachtler Rd to Victoria Rd East/west section through trees and brush, with a creek and difficult slopes $97,500.00 2. Between Deer Trail Ct and Deer Trail Pt cul-de-sacs Through private property of 825 Deer Trail PT., with trees and difficult access $25,000.00 3. Eagle Ridge Townhomes Through private yards and driveways, difficult access between buildings and retaining walls $104,400.00 4. Southerly portion of 1500 Commerce Dr Under storm water pond $41,600.00 5. Between Field Stone Ct and Pond Circle cul-de-sacs Through private yards and driveways with difficult access to middle section $14,150.00 6. North of Highway 110 between Crown Point Dr and Wachtler Ave Through a wetland $369,000.00 7. North from Glenhill Rd cul-de-sac to 1889 Hunter Ln Through private properties with large trees and landscaping $49,500.00 TOTAL $701,150.00 page 147 Exhibit D Services with a history of freezing ADDRESS COST COUNT YEAR 1016 WINDWOOD CT $2,500.00 1 2014 1046 LONDON RD $2,500.00 2 2014 1070 CHI PPEWA AVE $2,500.00 1 1977 1105 DODD RD $2,500.00 2 2014 1415 DODD RD $2,500.00 1 1977 1483 DODD RD $2,500.00 1 2014 1516 VAN DALL ST $2,500.00 1 1991 1665 S LEXINGTON AVE $2,500.00 1 1994 1818 FARO LN $2,500.00 1 1977 1818 TWIN CIRCLE DR $2,500.00 1 2014 1821 TWIN CIRCLE DR $2,500.00 2 1979 2330 APACHE ST $2,500.00 1 2014 2330 ROGERS AVE $2,500.00 3 1978 2331 APACHE ST $2,500.00 1 2014 2350 PUEBLO DR $2,500.00 1 2014 552 MIRIAM ST $2,500.00 2 1979 596 MAPLE PARK DR $2,500.00 1 2014 6 BEEBE AVE $2,500.00 3 2014 601 W EMERSON AVE $2,500.00 1 2014 614 W BUTLER AVE $2,500.00 2 1979 654 1ST AVE $2,500.00 1 1977 668 1ST AVE $2,500.00 1 2014 678 3RD AVE $2,500.00 1 1977 685 CALLAHAN PL $2,500.00 1 1971 720 W WENTWORTH AVE $2,500.00 1 2014 731 KEOKUK LN $2,500.00 1 2014 743 KEOKUK LN $2,500.00 1 2014 TOTAL $80,000.00 page 148 Exhibit E Site Lease Exhibit F Antennae Revenue $346,110.67 page 149 page 150 Exhibit G Hydrant Spacing LOCATION LOCATION SPACING HWY 13 / EUGENIA HWY 13 / GARDEN 700' HIAWATHA / GARDEN CHIPPEWA / HIAWATHA 750' SIMARO CHIPPEWA/ MIRIAM 800' KIRCHNER / BUTLER ESTHER LN / BUTLER 750' CHIPPEWA / JOHN ESTHER LN / BUTLER 800' JUNCTION LN CHIPPEWA/ JUNCTION 800' CHIPPEWA / JOHN CHIPPEWA/ DODD 900' DELAWARE / DODD CHIPPEWA/ DODD 1000' SYLVANDALE / ARCADE SYLVANDALE 730' SYLVANDALE / ARCADIA CASCADE LN / ARCADIA 740' BEEBE CHIPPEWA/ DODD 800' SOMERSET/ EMERSON HINGHAM / EMERSON 950' FIRST / CLEMENT CLEMENT / THIRD 750' EMERSON / DODD FIRST/ DODD 800' WENTWORTH / DODD FOURTH / DODD 850' BACHELOR / DODD DODD / EVERGREEN 750' DODD / EVERGREEN WENTWORTH / DODD 750' JAMES RD JAMES RD / DOUGLAS 700' LILAC VICKI LN 800' HIGHVIEW CIR/VICTORIA DOUGLAS / VICTORIA 750' MARIA / CALLAHAN MARIE 730' MARIE AVE / WARRIOR DR MARIE AVE / NATURE WAY 740' MARIE AVE / WARRIOR DR MARIE AVE WEST OF WARRIOR 720' LEXINGTON/ORCHARD PL LEXINGTON/ORCHARD HILL 730' WILLOW LN/VALLEY CURVE VALLEY CURVE /WACHTLER 900' GLENHILL /VICTORIA CURVE HUNTER /VICTORIA CURVE 800' VAIL DR LEXINGTON / VICTORIA 750' KAY / WALSH VICTORIA / SUMMIT 750' VICTORIA RD LEXINGTON / VICTORIA 1000' FRONTAGE RD SOUTH FREEWAY/FRONTAGE 1000' OAK ST / MARKET ST MENDOTA RD W / SOUTH LN 700' WARRIOR / SIBLEY CT FRONTAGE RD 800' LEXINGTON/CENTRE POINTE CURVE TOM THUMB / LEXINGTON 740' PILOT KNOB / ACACIA PILOT KNOB/ ACACIA 800' CREEK / DODD AZTEC/ CREEK 800' DEL CT DELAWARE / DEL CT 800' LEXINGTON /WAGON LEXINGTON 800' DODD RD WAGON WHEEL/ DODD 800' PONTIAC / NAVAJO APACHE / DECORAH 900' LEXINGTON LEXINGTON 850' LAKE DR SWAN / LAKE DR 730' APACHE / PUEBLO APACHE / KEOKUK 800' page 151 OMNIBUS AGREEMENT BETWEEN THE CITY OF MENDOTA HEIGHTS AND THE BOARD OF WATER COMMISSIONERS OF THE CITY OF SAINT PAUL This Agreement, dated this day of , 2015, is by and between the BOARD OF WATER COMMISSIONERS OF THE CITY OF SAINT PAUL ("Board"), and the CITY OF MENDOTA HEIGHTS ("Mendota Heights"). WHEREAS, the Board has provided water services to properties located within the City of Mendota Heights continuously since 1962 pursuant to the terms of retail water service agreements between the Board and Mendota Heights, with the current agreement dated December 27, 1995 being scheduled to expire on December 26, 2015; and WHEREAS, the Board and Mendota Heights have reached a mutual understanding by which the Board will continue to provide water services to properties within the City of Mendota Heights at water rates that will become equal to the rates charged to properties within the City of Saint Paul; Mendota Heights will have representation on the Board of Water Commissioners through suburban representation; and Mendota Heights will convey title to its water facilities to the Board. NOW THEREFORE, in consideration of the respective covenants contained herein, Board and Mendota Heights do hereby agree as follows: ARTICLE I Section 1. EFFECTIVE DATE This Agreement is effective on December 27, 2015, or after execution by the designated officials as authorized by resolution of the Board and Mendota Heights, whichever occurs last. page 152 Section 2. EXISTING CONTRACTS SUPERSEDED As of the effective date of this Agreement, all previous water service agreements and contracts existing between the Board and Mendota Heights shall be and are hereby superseded. Section 3. BOARD REPRESENTATION BY MENDOTA HEIGHTS An ordinance, approved on December 11, 1996 by the Saint Paul City Council, amended the Saint Paul Home Rule Charter to increase the membership of the Board of Water Commissioners and allowed the appointment of suburban representatives to said Board. In accordance with the terms of that amendment, the Board has increased its membership to seven (7) members. Of those seven (7) members, two (2) Non -Saint Paul resident members represent all suburban cities served by agreements similar to this Agreement, and this provision would apply to Mendota Heights. Mendota Heights will contract separately with the other suburbs with regard to representation. In the event that the total number of residential water accounts plus commercial and industrial accounts (excluding auto -fire accounts) of communities located outside the City of Saint Paul and served by agreements similar to this Agreement exceeds forty-three percent (43%) of the total number of the Board's water accounts, the Board will seek to change the number of Saint Paul appointees to four (4) and the number of suburban representatives to three (3). ARTICLE II Section 1. BOARD TO EXTEND SERVICE TO MENDOTA HEIGHTS The Board will extend its water service to properties located within the City of Mendota Heights subject to the rules and regulations enacted by the Board of Water Commissioners and in accordance with the terms of this Agreement. Mendota Heights does hereby concur in the Board's extension of its water service and does hereby grant permission to the Board to construct, operate, maintain, repair, and replace water mains and other necessary appurtenances within the streets and rights-of-way of the City of Mendota Heights. The Board is responsible to provide an adequate quantity of water to page 153 properties located within the City of Mendota Heights, and to provide routine maintenance and repair to all of the facilities operated by Board in the supply of water, pursuant to the same terms, conditions, and policies that it follows for the provision of similar properties located within the City of Saint Paul. Section 2. MENDOTA HEIGHTS MUNICIPAL CODE The Board shall abide by the city of Mendota Heights Municipal Code when performing work in Mendota Heights' rights-of-way. Mendota Heights agrees to waive permit fees required for utility work and excavation in Mendota Heights' rights-of-way for the duration of the phase-in schedule described in Article III, Section 1 of this agreement. Section 3. CONSTRUCTION COORDINATION In order to provide the greatest efficiency and to minimize traffic disruptions and replacement costs, Board shall perform water main replacement and/or other water system repair work in conjunction with Mendota Heights street paving projects whenever possible. Section 4. AUTHORITY TO EXTEND SYSTEM Mendota Heights does hereby agree that the Board has full and exclusive right to construct and maintain water piping in Mendota Heights' property and rights of way, including public easements, for extending the Board's water system to municipalities located beyond the corporate limits of Mendota Heights. Routing of mains and appurtenances shall be coordinated with Mendota Heights' City Manager, which approval shall not be unreasonably withheld or delayed. The Board shall be solely responsible for all costs associated with the construction of such water system extensions, including the design, construction, and street restoration. Section 5. EXISTING MAINS AND APPURTENANCES OWNED BY MENDOTA HEIGHTS Upon the effective date of this Agreement, the Board will assume the maintenance and repair of all the existing water mains, hydrants, service connections, tanks, and appurtenances. The Board recognizes that the appearance of the existing tank located at 2431 Lexington Avenue page 154 holds a special iconic value to the City of Mendota Heights. Therefore, any modifications that may significantly change its appearance shall require the approval of Mendota Heights, which approval shall not be unreasonably withheld. Section 6. MENDOTA HEIGHTS TO CONVEY TITLE TO FACILITIES Mendota Heights shall, by resolution of its City Council, and by appropriate deed of conveyance acceptable to the Board, convey to the Board all of its rights, title, and interest to all water mains, hydrants, service connections, tanks, and appurtenances owned by Mendota Heights including all easement rights held by Mendota Heights for the purpose of installing, repairing, maintaining, or replacing public water mains and appurtenances. It is intended by the parties hereto that the said conveyances shall be free and clear of all liens and encumbrances whatsoever, and thereafter title shall remain with the Board except as may be otherwise provided by the terms of this Agreement. Section 7. EASEMENT AT TANK SITE Mendota Heights agrees to provide an easement, in a separate recordable document, to the Board for purposes of access and maintenance at the water tower tank site located at the northwest quadrant of the intersection of Medallion Drive and Lexington Ave S in the City of Mendota Heights to be in effect by the date of execution of this Agreement. ARTICLE III Section 1. WATER RATES Commencing December 27, 2015, water rates, surcharges, and fees charged by the Board to properties located within the City of Mendota Heights shall be adjusted to the following Phase -In Schedule: PHASE-IN SCHEDULE December 27, 2015 through December 26, 2016 — 120 percent of Saint Paul rate December 27, 2016 through December 26, 2017 120 percent of Saint Paul rate December 27, 2017 through December 26, 2018 120 percent of Saint Paul rate page 155 December 27, 2018 through December 26, 2019 — 118 percent of Saint Paul rate December 27, 2019 through December 26, 2020 — 118 percent of Saint Paul rate December 27, 2020 through December 26, 2021 — 114 percent of Saint Paul rate December 27, 2021 and thereafter — 100 percent of Saint Paul rate Saint Paul Regional Water Services ("SPRWS") performed an assessment of Mendota Heights water facility assets and identified certain assets that are deemed to be deficient and require upgrade or replacement. All assets not so identified, including the water tower, have been determined to be in acceptable condition and are not in need of improvement at the time of acquisition. The Board recognizes Mendota Heights' renovation of the water tower in 2010. Funds generated from water rates greater than 100 percent of the Saint Paul Rate shall be used to compensate the Board for certain additional costs it agrees to assume pursuant to this Agreement, which costs are more fully described in Article III Sections 2 through 4 of this Agreement. The board shall have full authority in the scheduling and performance of the corrective work. Section 2. DEFICIENT MAINS Deficient water mains based on break history, a pipe failure predictability model, and SPRWS Standard for the Installation of Water Mains, as identified in Exhibit "A", attached hereto and incorporated herein, shall be replaced at Board expense. Mendota Heights shall pay the costs to adjust the depth on segments of main with non- conforming earth cover as listed in Exhibit "B", attached hereto and incorporated herein. Mendota Heights is responsible to manage and maintain water main easements such that the Board has ready access to conduct water facility maintenance, repair, and replacement or relocation activities. However, extraordinary costs due to the existing placements of water mains or services in non -conforming public water main easements as listed in Exhibit "C" shall be the responsibility of the Board. Section 3. WATER SERVICES WITH HISTORY OF FREEZING page 156 The Board shall be responsible for the costs of replacing, lowering, and/or insulating the water services to those services listed in Exhibit "D", attached hereto and incorporated herein, which have a history of freezing. Section 4. ANTENNAE Extraordinary costs incurred in the maintenance of existing or future tanks serving Mendota Heights due to the placement of antennae facilities on or near such tanks shall be the responsibility of the Board, excepting those costs previously made the responsibility of any lessees as a course of existing and/or future leases entered into between Mendota Heights and a third party. ARTICLE IV Section 1. CONSOLIDATION OR ACQUISITION; MENDOTA HEIGHTS' OPTIONS In the event that the Board ceases to operate in its present form due either to consolidation with a local or regional authority or to an acquisition of its assets by another entity (together referred to as "Alternate Authority"), it is the intent of the Board and Mendota Heights to protect the rights of Mendota Heights properties to the continued supply of an adequate water service as well as to adequately compensate Mendota Heights for its previous investments in the water facilities located within its boundaries. The rights and liabilities of this Agreement are not transferable or assignable by either party without the written consent of the other. Therefore, to the extent legally permissible the Board shall insure that in the event of any such consolidation or acquisition, Mendota Heights may choose to terminate this Agreement and reacquire the system, or negotiate a new water service agreement with the Alternate Authority. In the event Mendota Heights should elect to terminate this Agreement, then and in that event, it is hereby agreed that: a) The Board shall for the sum of one dollar ($1.00), reconvey title to the facilities and real estate previously conveyed by Mendota Heights, pursuant to Article II, Section 6 of this Agreement; and page 157 b) The Board shall request, to the extent legally permissible, that the Alternate Authority execute a water service contract with Mendota Heights so as to continue to provide an adequate water service to properties located within Mendota Heights; and c) The Board shall be compensated for the depreciated value of all water mains and other water service facilities, including water meters, hydrants, and other appurtenances, constructed or caused to be constructed by the Board to serve the Mendota Heights water system from and after the effective date of this Agreement. The Board shall receive such compensation from the Alternate Authority and not from Mendota Heights. In the event that Mendota Heights elects not to terminate this Agreement, the Board shall require that the Alternate Authority assume the Board's contractual obligations as set forth in this Agreement, and shall require that Mendota Heights be compensated for the amortized value of the facilities and real estate previously conveyed to the Board pursuant to Article II, Section 6, of this Agreement. Section 2. FACILITIES INVESTMENT The Board shall monitor and track all water system infrastructure investments within Mendota Heights to identify to what degree those investments benefit Mendota Heights. The Board shall monitor and track its investments in the water system, treatment plant, and transmission mains outside of Mendota Heights to identify to what degree those investments benefit Mendota Heights. The Board shall determine the asset value of Mendota Heights' existing water system in order to assist Mendota Heights in determining whether to enter into a new agreement with the Alternate Authority, or to regain ownership of the system. ARTICLE V Section 1. MAINS CONSTRUCTED BY MENDOTA HEIGHTS When Mendota Heights installs new water mains, service connections, and/or appurtenances for the distribution of water within the corporate limits of Mendota Heights, all construction shall be in accordance with Board standards. Plans of all extensions to the water system by Mendota Heights shall be submitted for approval to the Board before advertising for bids, awarding contracts, or beginning of actual construction. This initial construction for water page 158 system expansion shall be considered development costs and shall be provided at no expense to the Board. Costs for engineering plan review, inspection and other miscellaneous activity by Board forces required by the water system expansion shall be reimbursed to the Board. Mendota Heights agrees to provide the Board with "as -built plans" of all such extensions of the water system. Section 2. NEW FACILITIES; FURNISHED BY THE BOARD The Board may construct and maintain new water service facilities and appurtenances, including all extensions of such facilities and appurtenances. Title to all such facilities shall be held by the Board. Section 3. WARRANTY The Board and Mendota Heights further agree that as Mendota Heights constructs and contracts for the construction of new mains, services, and/or appurtenances to be connected to the system and supplied with water by the Board, that the Board shall not be responsible for the maintenance or repairs to such newly constructed additions to the water supply system until one (1) year from the date the same have been placed in operation, or until the Board has notified Mendota Heights in writing of the acceptance of such installation, whichever date is earlier. At such time that the Board assumes responsibility for the maintenance and repair of said new water system facilities, Mendota Heights will convey said facilities to the Board according to the conditions of Article II, Section 6. Section 4. STANDARDS Water mains, services, and appurtenances shall be in conformity with the established standards, rules, and regulations as are in effect at the execution of this Agreement or as may thereafter be established by the Board. Mendota Heights and Board staff shall meet upon the request of either party to discuss standards relating to water system construction. Where differences in standards are not resolved at the staff level, the Board shall have the ultimate authority for determining such standards. Section 5. SERVICE CONNECTION APPLICATIONS page 159 New applications for water service connections shall be made to and through the Board, and each applicant shall furnish the Board a certified street address established by Mendota Heights. No new service connection work shall be performed by Mendota Heights or its agent until the Board's application process has been completed and inspection of the installation work scheduled by the Board. Section 6. SERVICE CONNECTIONS — INSTALLED BY BOARD It is agreed that, except in those projects which may be mutually designated by the parties, all service connections from the main to the property line shall be installed by Board forces under rules identical with those in effect in the City of Saint Paul, or as may hereafter be modified by the Board. The charges for such service connections shall be in accordance with charges established from time to time by the Board. Section 7. SERVICE CONNECTION GUARANTEE BY BOARD The Board shall make all necessary repairs and maintenance to that part of the service connection located within the public right-of-way, under rules identical with those in effect in the City of Saint Paul. This requirement shall apply to all existing and future service connections constructed to Board standards. Service connections from private mains or a system not served by the Board's water supply shall not be so guaranteed. Section 8. PIPING, FIXTURES, ETC. Mendota Heights shall, by the enactment of suitable rules, regulations, or ordinances, require that all piping, fixtures, accessories, or on premises piping in any manner connected to the public water system supplied by the Board, shall be of the same materials, installed in the same manner, and meet the same standards as are required for the same or similar work in the City of Saint Paul. Section 9. RIGHT TO INSPECT The Board, through its officers, agents, and employees, shall have the right at all times to examine, inspect, and test any materials or workmanship used, or to be used, in connection with the water system within Mendota Heights and supplied with water by the Board, or connections page 160 thereto, for the purpose of determining whether or not they comply with the foregoing provisions. For the same purpose, the Board shall have the right to examine and inspect the materials, workmanship, and method of installation of plumbing connections to said water system. ARTICLE VI Section 1. ANTENNAE Mendota Heights shall transfer to the Board all ownership rights to Mendota Heights' water service facilities, including easements and access rights for the transmission and reception of radio communication signals in and on its water tower, located at 2431 Lexington Avenue South ("Tank"). However, because Mendota Heights desires to retain control over the placement of antennae on the Tank after such ownership has been transferred to the Board, the Board agrees to enter into a site lease agreement with Mendota Heights, which grants back to Mendota Heights the right and authority for placement of existing and future antennae on the Tanks ("Site Lease"). The parties shall execute said Site Lease, identified as Exhibit "E," attached hereto and incorporated herein, as part of this Agreement. In said Site Lease, the parties agree that, prior to approval by Mendota Heights of third -party sub -lease agreements for the placement of antennae or any other facilities on the Tank, Mendota Heights shall first submit proposed plans and said third -party sub -lease agreements to the Board for prior review and approval, which approval shall not be unreasonably withheld. The parties further agree in said Site Lease that, due to the increased administrative, impact review, maintenance, liability, staff, and other costs associated with such placements, Mendota Heights shall compensate the Board by paying to it fifty percent (50%) of the total revenues received from any and all such activities. The Board shall initially collect payment as part of Article III, Section 1, Phase -In Schedule in the amounts shown in Exhibit "F". Pursuant to said Site Lease, beginning December 26, 2020, Mendota Heights shall pay directly to the Board fifty percent (50%) of said gross revenues within thirty (30) days of receipt of same. Section 2. STORAGE IN TANK COLUMN/TANK GROUNDS ACCESS page 161 Mendota Heights presently uses the column base of the Tank for storage. Mendota Heights and the Board shall execute a separate agreement that shall establish a lease for one dollar ($1.00) allowing Mendota Heights to continue storage of equipment in the column of the Tank. Said lease shall identify the responsibilities and obligations of both Mendota Heights and the Board concerning equipment storage. As part of said lease, Mendota Heights will be responsible for maintenance of the grounds including turf and roadway access to the tank within the easement conveyed to the Board. ARTICLE VII Section 1. RIGHT-OF-WAY All expenses or costs accruing to the water system in Mendota Heights, which result from the maintenance, reconstruction, grinding, overlaying, or paving of public streets, alleys, or rights-of-way resulting from the action of Mendota Heights, County of Dakota, or State of Minnesota, shall be the responsibility of Mendota Heights. Changes proposed by Mendota Heights, County of Dakota, or State of Minnesota to the elevation of public streets, alleys, or rights-of-way where water system facilities are situated shall be reviewed and approved in advance by the Board. The Board and Mendota Heights agree that the Board's standards pertaining to elevation changes, grades, and earth cover over water system facilities shall apply to all said elevation change proposals. Where elevation changes are greater than the parameters outlined in the Board's standards, all expenses or costs accruing to the water system in Mendota Heights shall be the responsibility of Mendota Heights. Section 2. ACCESS TO INFRASTRUCTURE Mendota Heights shall allow the Board uninterrupted access to all water mains, hydrants, service connections, tanks, and appurtenances within the public streets, alleys, or rights-of-way under the jurisdiction of the City of Mendota Heights. Section 3. PUBLIC WATER MAIN EASEMENTS page 162 Mendota Heights warrants that all public water mains and appurtenances outside public street rights-of-way are situated within perpetual easements guaranteeing access rights for the purpose of maintenance, repair, or replacement of such mains and appurtenances. ARTICLE VIII Section 1. BOARD TO FURNISH METERS The Board shall furnish, install, retain title to, and maintain all water meters required by the Board for its domestic and commercial water service accounts to properties located within the City of Mendota Heights. Section 2. BILLING AND COLLECTION The Board shall have full responsibility for reading water meters and billing and collection of accounts, pursuant to the rules, regulations, statutes, and policies of the Board. Mendota Heights shall immediately adopt an ordinance giving the Board authority to certify past due billed charges to Dakota County for collection with property taxes. Any unpaid bills shall become a continuing lien on the property. Mendota Heights shall indemnify, defend, and hold harmless the Board against any claim, action or lawsuit brought to dispute any such certification or unpaid bill. Upon receipt by Mendota Heights or the Board of such claim, action, or lawsuit, Mendota Heights shall reimburse the Board the full amount of the disputed certification to the extent Mendota Heights has received those funds. Section 3. OPTIONAL BILLING AND COLLECTION SERVICES Mendota Heights may choose to have the Board perform additional billing services (for example; sanitary sewer or storm water billing). If Mendota Heights makes this selection, the parties shall execute a written addendum to this Agreement, which shall specify the responsibilities of each party with regards to such additional billing services. Section 4. WATER SURCHARGE Mendota Heights has established a water surcharge equal to ten percent (10%) of the charge imposed for water supplied to properties within the City of Mendota Heights ("Mendota page 163 Heights Water Surcharge"). Mendota Heights will pay the Board a monthly payment equal to two percent (2%) of the total monthly Mendota Heights Water Surcharge collections. The Board will send a monthly payment to Mendota Heights equal to the amount of collections received during the month (less the two percent (2%) for billing and collection) on or before the 15th day of the following month. Section 5. BILLING INSERTS Mendota Heights may provide materials to be inserted with the water bills of customers located within Mendota Heights, with the prior approval of the Board, at a reasonable charge to Mendota Heights for the cost of such bill -stuffing process. Said material shall not cause the mailing to exceed the postal weight limit. ARTICLE IX Section 1. SUPPLEMENTAL WATER SUPPLY No supplemental supply of water shall be connected to the water system being served by the Board without the prior written approval of the Board. This Agreement shall not preclude Mendota Heights from obtaining a portion of its water from any source approved by the Minnesota Department of Health in areas where water supply from the Board is impractical or unworkable, or in case a central water supply system is constructed and installed for a housing development prior to the extension of water mains supplying the area with water provided by the Board. However, in no case shall there be direct connections between the Board's supply system and other supply systems, and when the Board's supply system is practical and workable, the other supply shall be discontinued and disconnected, at no cost to the Board. Existing private wells are exempted from this requirement, and no direct connection to the Board's supply shall be permitted. ARTICLE X Section 1. RULES AND REGULATIONS. page 164 The use and distribution of water in Mendota Heights derived from the supply furnished from the Board shall at all times be governed by rules, regulations, policies, and conditions which the Board has heretofore adopted for the City of Saint Paul, or which it may hereafter adopt concerning the preservation, regulation, and protection of its water supply, including water waste, water conservation, sprinkling restrictions and water use for air conditioning equipment; and as more fully detailed in the most recent version of "Title XI — Water Utility, Legislative Code of the City of Saint Paul" and "Saint Paul Regional Water Services Standards for the Installation of Water Mains". Mendota Heights shall be notified of any consumption or usage restrictions adopted by the Board prior to its implementation. Mendota Heights shall enact such rules, regulations, policies, and conditions into ordinances, make them legally effective and binding, and shall provide the Board with copies thereof. Within sixty (60) days after the effective date of this Agreement Mendota Heights shall also enact any amendments thereto adopted by the Board within sixty (60) days after being notified of such adoption, and shall adopt suitable penalties for the violation of rules, regulations, policies, and conditions, and shall strictly enforce such rules, regulations, and requirements. Section 2. BOARD'S JURISDICTION IN MENDOTA HEIGHTS It is further agreed that the Board, through its officers, agents, and employees, shall have the same authority and jurisdiction in the enforcement of such rules and regulations in Mendota Heights that the Board has in the City of Saint Paul. Section 3. MENDOTA HEIGHTS' PERMITTING AUTHORITY Mendota Heights does issue permits to other governmental and private agencies for the installation of natural gas, telephone, cable, and other facilities. Mendota Heights shall cooperate with the Board to assure no location conflicts occur. Mendota Heights shall cooperate to the fullest extent possible in protecting the water system by ensuring facility installation, replacement or repair is permitted in strict accordance with the Board's standards and performing the terms and conditions of this Agreement. ARTICLE XI Section 1. HYDRANTS page 165 Hydrant use for purposes other than firefighting by Mendota Heights shall be subject to the same rules and regulations applied by the Board in the City of Saint Paul. Mendota Heights Fire Department requires hydrants with one (1) large and two (2) small nozzles, and the Board shall maintain the water system with this type of hydrant. Section 2. INSPECTION OF HYDRANTS Board forces shall perform an annual inspection of all standard public hydrants in Mendota Heights. Repair and maintenance work, except for painting, required on all standard public hydrants in Mendota Heights shall be performed by Board forces in the same manner as that same work is performed in the City of Saint Paul. Section 3. PAINTING OF HYDRANTS Mendota Heights shall paint all public hydrants in Mendota Heights, and shall do so in accordance with the Board's established standards for such work. Mendota Heights shall notify Board staff of its schedule to perform such painting prior to commencement. Mendota Heights may designate a hydrant cap color code to distinguish dead end mains, circulating mains, and other selected criteria. Section 4. HYDRANT NOZZLE THREADS The Board recognizes the Saint Paul Standard for hydrant nozzle threads as selected by Mendota Heights for hydrants within the city of Mendota Heights. All new and replacement hydrants shall include one Storz connection. Section 5. RELOCATIONS AND ADJUSTMENTS Where relocations or adjustments of hydrants are necessary due to public works projects, or for other reasons, Board forces shall perform the required work and Mendota Heights shall reimburse the Board for all costs and expense thereof. Section 6. FIRE USE page 166 In consideration for Mendota Heights' agreement to paint all standard and non-standard hydrants, the Board shall not charge Mendota Heights for water used for municipal firefighting and fire equipment testing. Section 7. STREET CLEANING Mendota Heights agrees to keep a record of all water used for street sprinkling, street flushing, sewer maintenance, and/or any related uses and to pay for the same annually to the Section 8. LOCATION MARKERS Where it is necessary for the location of hydrants to be marked with flags, signage, etc. for firefighting or other purposes, Mendota Heights shall pay for said markers and assume the costs thereof, including installation, maintenance, and liability. Section 9. SNOW REMOVAL Any snow removal from and around fire hydrants for any purpose shall be performed by Mendota Heights at its sole expense. Section 10. HYDRANT SPACING Mendota Heights staff (including emergency services) has reviewed the hydrant spacing throughout the water system and has determined that the current hydrant spacing is adequate. Hydrants with a spacing of greater than 700 feet are listed in Exhibit "G", attached hereto and incorporated herein. The cost of future changes to hydrant spacing requested by Mendota Heights shall be borne in total by Mendota Heights. When requested by the Board, the cost to provide hydrant spacing reduction shall be borne in total by the Board. ARTICLE XII Section 1. AGREEMENT AMENDMENTS page 167 Mendota Heights and the Board agree that from time to time changes to this Agreement may be necessary. Mendota Heights and the Board agree that said changes shall be in the form of written addendums to this Agreement and shall be valid only when duly approved by and executed on behalf of the respective parties. ARTICLE XIII Section 1. NOTICES In the event that Mendota Heights should deem that the Board has failed in its obligations to supply an adequate water supply and normal maintenance of the facilities, or should find cause that the Board is failing in its provision of services, Mendota Heights shall notify the Board in writing, setting forth the specific details of any such claim of failure(s). Notices shall be sent by certified mail to the parties at the following addresses: Mendota Heights City Administrator 1101 Victoria Curve Mendota Heights, MN 55118 General Manager Board of Water Commissioners 1900 Rice Street Saint Paul, MN 55113 Section 2. CORRECTIVE ACTION Board shall undertake to correct the claimed failure(s) within sixty (60) days from the date it receives said written notification. The Board shall notify Mendota Heights in writing within the specified sixty (60) day period what necessary corrective actions have been taken, if any, and any explanation if the Board disagrees with Mendota Heights' claim of failure(s). Section 3. MEDIATION Following the specified sixty (60) day period, if Mendota Heights deems that sufficient corrective actions have not been taken, it may require that its claim of failure(s) be submitted to mediation by a panel of three (3) persons. Mendota Heights and the Board may each appoint a representative to the panel, and those two appointed representatives shall select the third member. The mediation panel shall provide a reasonable opportunity to both Mendota Heights page 168 and the Board to express its opinions and facts regarding whether the Board is adequately and reasonably performing its obligations under this Agreement. The mediation panel shall submit its written findings, conclusions, and recommendations to Mendota Heights and the Board within sixty (60) days after the parties' presentation of facts. By agreeing to this provision, neither party forfeits any rights it may have to fully pursue any claim to the fullest extent provided by law. Section 4. OPTION TO TERMINATE; FIVE-YEAR NOTICE Mendota Heights may elect to terminate this Agreement by giving written notice to that effect via certified mail to the Board. Notice of termination shall specify the effective date of termination, which in any event shall not occur until at least five (5) years following the date of election to terminate. Section 5. RECONVEYANCE; COMPENSATION Upon the effective date of termination of this Agreement, Board will reconvey title to the facilities previously conveyed by Mendota Heights pursuant to Article II, Section 6 of this Agreement for the sum of $1.00, and Mendota Heights will compensate the Board for depreciated value of all water service facilities, including water mains, hydrants, water tower, and other appurtenances constructed by the Board to serve the Mendota Heights system from and after the date of the execution of this Agreement. Such compensation shall be reduced by the amount of funds received by the Board, pursuant to Article III, Section 1 Phase -In Schedule and as itemized in Exhibits A, B, C, and D for the correction of facilities or circumstances, which have remained unused for their intended purpose at the time of termination. — The remainder of this page left intentionally blank — page 169 Exhibit A Deficient Mains ON STREET LOCATION LENGTH COST/FT TOTAL COST BROMPTON PL SIBLEY MEMORIAL HWY TO 220'S 238 $ 150.00 $ 35,700.00 APACHE ST 300' N OF CHEYENNE TO KEOKUK 1755 $ 150.00 $ 263,250.00 APACHE ST KEOKUK TO PUEBLO 770 $ 150.00 $ 115,500.00 AZTEC LN 100'N OF CREEK TO HOKAH 1140 $ 150.00 $ 171,000.00 AZTEC LN HOKAH TO CUL-DE-SAC 310 $ 150.00 $ 46,500.00 CHEYENNE LN 200'E OF PONTIAC PL TO APACHE ST 1250 $ 150.00 $ 187,500.00 CREEK AVE AZTEC TO DODD 750 $ 150.00 $ 112,500.00 DECORAH LN PUEBLO TO PONTIAC 760 $ 150.00 $ 114,000.00 EASEMENT 629 FOX TO DODD 325 $ 150.00 $ 48,750.00 FOX PL CREEK TO AZTEC 800 $ 150.00 $ 120,000.00 HOKAH AVE AZTEC TO DODD 325 $ 150.00 $ 48,750.00 KEOKUK LN PUEBLO LN TO APACHE 850 $ 150.00 $ 127,500.00 KEOKUK LN W OF PUEBLO DR 100 $ 150.00 $ 15,000.00 KEOKUK LN APACHE TO PUEBLO DR 450 $ 150.00 $ 67,500.00 MOHICAN CT PUEBLO LN TO 450'S 450 $ 150.00 $ 67,500.00 MOHICAN LN PUEBLO LN TO PUEBLO DR 900 $ 150.00 $ 135,000.00 NAVAJO LN PONTIAC TO PUEBLO 650 $ 150.00 $ 97,500.00 OCALA LN PONTIAC TO 200' E 350 $ 150.00 $ 52,500.00 PONTIAC PL CHEYENNE TO APACHE ST 1200 $ 150.00 $ 180,000.00 PUEBLO DR KEOKUK TO MOHICAN 275 $ 150.00 $ 41,250.00 PUEBLO DR S OF MOHICAN 150 $ 150.00 $ 22,500.00 PUEBLO LN DECORAH TO MOHICAN 1100 $ 150.00 $ 165,000.00 PUEBLO LN S OF MOHICAN 150 $ 150.00 $ 22,500.00 DECORAH LN INTERSECTION OF APACHE ST 40 $ 150.00 $ 6,000.00 EASEMENT 649 AZTEC TO APACHE 600 $ 150.00 $ 90,000.00 EASEMENT 450 INTERMEDIATE EASEMENT 400 $ 150.00 $ 60,000.00 TOTAL LENGTH 16088 $ 2,413,200.00 Exhibit B Excessive Depth ON STREET LOCATION EASEMENT 568 EASEMENT 568-3 TO EAGLE RIDGE DELAWARE AVE DODGE TO HUBER TOTALLENGTH page 170 LENGTH COST 580 $ 7280.00 2250 $ 93,275.00 2335 $ 100,555.00 page 171 Exhibit C Non -conforming Easements 1. North of Diane Rd from Wachtler Rd to Victoria Rd East/west section through trees and brush, with a creek and difficult slopes $97,500.00 2. Between Deer Trail Ct and Deer Trail Pt cul-de-sacs Through private property of 825 Deer Trail PT., with trees and difficult access $25,000.00 3. Eagle Ridge Townhomes Through private yards and driveways, difficult access between buildings and retaining walls $104,400.00 4. Southerly portion of 1500 Commerce Dr Under storm water pond $41,600.00 5. Between Field Stone Ct and Pond Circle cul-de-sacs Through private yards and driveways with difficult access to middle section $14,150.00 6. North of Highway 110 between Crown Point Dr and Wachtler Ave Through a wetland $369,000.00 7. North from Glenhill Rd cul-de-sac to 1889 Hunter Ln Through private properties with large trees and landscaping $49,500.00 TOTAL $701,150.00 page 172 Exhibit D Services with a history of freezing ADDRESS COST COUNT YEAR 1016 WINDWOOD CT $2,500.00 1 2014 1046 LONDON RD $2,500.00 2 2014 1070 CHI PPEWA AVE $2,500.00 1 1977 1105 DODD RD $2,500.00 2 2014 1415 DODD RD $2,500.00 1 1977 1483 DODD RD $2,500.00 1 2014 1516 VAN DALL ST $2,500.00 1 1991 1665 S LEXINGTON AVE $2,500.00 1 1994 1818 FARO LN $2,500.00 1 1977 1818 TWIN CIRCLE DR $2,500.00 1 2014 1821 TWIN CIRCLE DR $2,500.00 2 1979 2330 APACHE ST $2,500.00 1 2014 2330 ROGERS AVE $2,500.00 3 1978 2331 APACHE ST $2,500.00 1 2014 2350 PUEBLO DR $2,500.00 1 2014 552 MIRIAM ST $2,500.00 2 1979 596 MAPLE PARK DR $2,500.00 1 2014 6 BEEBE AVE $2,500.00 3 2014 601 W EMERSON AVE $2,500.00 1 2014 614 W BUTLER AVE $2,500.00 2 1979 654 1ST AVE $2,500.00 1 1977 668 1ST AVE $2,500.00 1 2014 678 3RD AVE $2,500.00 1 1977 685 CALLAHAN PL $2,500.00 1 1971 720 W WENTWORTH AVE $2,500.00 1 2014 731 KEOKUK LN $2,500.00 1 2014 743 KEOKUK LN $2,500.00 1 2014 TOTAL $80,000.00 page 173 Exhibit E Site Lease Exhibit F Antennae Revenue $346,110.67 page 174 page 175 Exhibit G Hydrant Spacing LOCATION LOCATION SPACING HWY 13 / EUGENIA HWY 13 / GARDEN 700' HIAWATHA / GARDEN CHIPPEWA / HIAWATHA 750' SIMARO CHIPPEWA/ MIRIAM 800' KIRCHNER / BUTLER ESTHER LN / BUTLER 750' CHIPPEWA / JOHN ESTHER LN / BUTLER 800' JUNCTION LN CHIPPEWA/ JUNCTION 800' CHIPPEWA / JOHN CHIPPEWA/ DODD 900' DELAWARE / DODD CHIPPEWA/ DODD 1000' SYLVANDALE / ARCADE SYLVANDALE 730' SYLVANDALE / ARCADIA CASCADE LN / ARCADIA 740' BEEBE CHIPPEWA/ DODD 800' SOMERSET/ EMERSON HINGHAM / EMERSON 950' FIRST / CLEMENT CLEMENT / THIRD 750' EMERSON / DODD FIRST/ DODD 800' WENTWORTH / DODD FOURTH / DODD 850' BACHELOR / DODD DODD / EVERGREEN 750' DODD / EVERGREEN WENTWORTH / DODD 750' JAMES RD JAMES RD / DOUGLAS 700' LILAC VICKI LN 800' HIGHVIEW CIR/VICTORIA DOUGLAS / VICTORIA 750' MARIA / CALLAHAN MARIE 730' MARIE AVE / WARRIOR DR MARIE AVE / NATURE WAY 740' MARIE AVE / WARRIOR DR MARIE AVE WEST OF WARRIOR 720' LEXINGTON/ORCHARD PL LEXINGTON/ORCHARD HILL 730' WILLOW LN/VALLEY CURVE VALLEY CURVE /WACHTLER 900' GLENHILL /VICTORIA CURVE HUNTER /VICTORIA CURVE 800' VAIL DR LEXINGTON / VICTORIA 750' KAY / WALSH VICTORIA / SUMMIT 750' VICTORIA RD LEXINGTON / VICTORIA 1000' FRONTAGE RD SOUTH FREEWAY/FRONTAGE 1000' OAK ST / MARKET ST MENDOTA RD W / SOUTH LN 700' WARRIOR / SIBLEY CT FRONTAGE RD 800' LEXINGTON/CENTRE POINTE CURVE TOM THUMB / LEXINGTON 740' PILOT KNOB / ACACIA PILOT KNOB/ ACACIA 800' CREEK / DODD AZTEC/ CREEK 800' DEL CT DELAWARE / DEL CT 800' LEXINGTON /WAGON LEXINGTON 800' DODD RD WAGON WHEEL/ DODD 800' PONTIAC / NAVAJO APACHE / DECORAH 900' LEXINGTON LEXINGTON 850' LAKE DR SWAN / LAKE DR 730' APACHE / PUEBLO APACHE / KEOKUK 800' page 176 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.rnendota-heights.com CITY OF MENDOTA HEIGHTS DATE: October 6, 2015 TO: Mayor, City Council and City Administrator FROM: Nolan Wall, AICP Planner SUBJECT: City of Eagan Comprehensive Guide Plan Amendment — MVZ Ventures, LLC BACKGROUND Staff has received an agency response request from the City of Eagan to change the land use designation of approximately 194 acres located south of I-494, east of Lone Oak Parkway and west of Ames Crossing Road from SA -MO (Special Area -Major Office) to SA -MIXED (Special Area -Mixed Use). Attached is the information provided to the City. This is an initial step in the development review process for the proposed project, which will include subsequent environmental review and rezoning, subdivision, and planned unit development approvals. The City of Eagan is anticipating taking action on this request in October. If approved, the request will be forwarded to the Metropolitan Council for review and action. Due to the subject area's proximity to the City of Mendota Heights and based on past discussions on potential impacts of future development in northeast Eagan/northwest Inver Grove Heights, staff brought forward the proposed amendment for Planning Commission review at the September 22 meeting. After discussion of the potential issues with the Commission, staff is proposing the following response for review and comment by the City Council: The City of Mendota Heights expresses concern aboutpotential traffic impacts to north -south connections (specifically CSAH 63 — Delaware Avenue and State Trunk Highway 149 — Dodd Road) as a result of the proposed increased density of the fully -developed site. We understand this issue, as well as many others, will be further analyzed as the development process transpires and we would appreciate the opportunity to be involved and informed as the development process progresses. BUDGETIMPACT N/A RECOMMENDATION Staff recommends the City Council review the proposed Comprehensive Plan Guide Amendment and discuss any comments the City should considering providing on this matter. r page 177 City of Eap Location Map Project Name: MVZ Ventures, LLC Request: Comprehensive Guide 9` Subject Plan Amendment Site Case No: 01 -CG -02-08-15 'vti i Rp NOR .p1Py / 'VEST PARK `r\\ 3 Y K 6 YQ I U ° Y <° fid° O 9,F y � vp rc h L A N� ° F t— z _ U) ----------- J Qe °OUR 0 LU Legend RU = Parcels RO 0 Buildings o Parks oP T > �u�n City Boundary N ®� Z ® Feet 0 500 1,000 2,000 P1. Yan � i ID. Rd 1 (Rtl 1 ••�1111ap' remix%nF" "� Current Land Use Map Proposed Land Use Map City Of Eapn LAND USE MAP Land Use Designations -2030 O/S-Office/Service MU -Mixed Use =Municipal Boundary LD -Low Density = RC -Retail Commercial P -Parks, Open Space & Recreation MD -Medium Density _ HD -High Density Comprehensive Guide Plan Amendment MVZ Ventures, LLC MO -Major Office QP-Public/Quasi-Public BP -Business Park Private Recreation IND -Limited Industrial N Feet 0 250 500 1,000 m �1 i TT NW PARKWAY INTERSTATE 494 161 9 J 4•l m Ef 'ai Eagan Site Concept 1 - Sketch Plan EX - 3 COPYRIGHT CRAWFORDARCHITECTS 28 AUGUST 2015 N 0 50 100 200 300 400 Feet S page 179 page 180 1101 Victoria Curve I Mendota Heights, MN 55116 651.452.1850 phone j 651.452.8940 fax www.rnendota-heights.com r of CITY OF MENDGTA HEIGHT DATE: October 6, 2015 TO: Mayor, City Council and City Administrator FROM: Tamara Schutta, Assistant to the City Administrator/HR Coordinator SUBJECT: Mendota Heights Website Redesign Background The current website was designed in 2009. To maintain a fresh look and provide useful information to our residents, it is recommended that a website is updated and redesigned every five years. In June, staff provided a ten minute overview of the city's current website and showed a couple of examples of other local government sites. Council directed staff to do additional research on price comparisons and features of other vendors and bring back information to a future meeting. Over the past several months, staff have met with two other vendors that provide web solutions for public employers. GovOffice is currently hosting the City's website. Recently, staff met with Mike Chaloupka, Director of Sales for GovOffice to discuss the redesign of our website. It was a very informative meeting and all of our questions and concerns were answered. Mr. Chaloupka worked with staff to provide a proposal for the City's website redesign. The scope of the project will include a customized desktop design for $4,895, promotional homepage icons for $500, and a complete navigation analysis & restructure for $1,200. Total cost of the website redesign is $6,595. This redesign will be affordable and provide an updated website for the City. However, GovOffice doesn't offer features such as Agenda Builder and Notify Me. Staff will also continue to use GovOffice's Content Management System (CMS) to maintain the website. Additional training will be conducted to ensure staff are using the CMS to its full potential. BUDGET IMPACT The scope of the project will include a customized desktop design for $4,895, promotional homepage icons for $500, and a complete navigation analysis & restructure for $1,200. Total cost of the website redesign is $6,595. There is $11,000 available in the 2015 budget for a full website redesign. RECOMMENDATION Staff recommends City Council authorize a purchase order for GovOffice for $6,595 for redesign of the City's website. This action requires a simple majority vote. page 181 Quotation for Design & Content Services 9 Today's Date September 30, 2015 C7�iCE, Prepared By Mike Chaloupka, Sales Representative Upon agreement to the Quotation, please sign and fax all pages to GovOffice at 612-617-5701 or e-mail to mike@govoffice.com. The Contact Person then will receive a confirmation e-mail with the next steps. Design Service Cost $5395 Content Service Cost $1200 Total Cost of Project $6595 Name of Client City of Mendota Heights, Minnesota Web Address mendotaheightsmn.govoffice3.com Contact Person Tamara Schutta Contact Person Phone 651-255-1356 Contact Person E-mail tamaras@mendota-heights.com Payment Payment is not required in order to begin work with the Design and Content Services teams. However, payment is due before the customized desktop and mobile design with restructured navigation will be deployed/ uploaded to the live, public website. 1) Design Service: Customized Desktop Design—$4895 Premium package -Completely unique, customized design; not based off a stock template from the GovOffice Design Center -Up to 5 custom made banners for interior pages containing: -Logo and photos supplied by client. Banner may be collage/ blended style, if requested -Font treatment for Title and Slogan field -Banners may rotate on refreshing/ reloading the browser or be tied to select internal sections -Unique color scheme to fully match the client's branding -1 background image to be used as a banner background or a site background for interior pages -Custom font treatment for section titles, promotion titles, and sidebar titles throughout site (from Google font selection) -Full set of social media icons (Facebook, Google+, Twitter, Pinterest, LinkedIn, YouTube, Blogger, Flickr) -Favicon (favorites icon), if requested by the client -10 shortcut URLs (example: nameofgovofficeclient.com/police & nameofgovofficeclient.com/calendar) -Up to 50 photos sent for inclusion in the banners (must be ordered in terms of importance by the Client). The number of images that ultimately will be included in the final banners will depend on the design's style and layout selected and the professional judgment of the graphic designer. Page 1 of 3 page 182 2) Design Service: Promotional Homepage Icons—$500 The GovOffice Design Team will develop up to 6 professional icons that may be used by the Client to promote focus areas of the website, such as Calendar, FAQs, Agendas & Minutes, and Contact Us. The cost for 6 icons includes the development, arrangement, and programming to the homepage (if requested). If preferred, the Client may opt for the icons not to be arranged and programmed by GovOffice; instead, the icon files will be provided to the Client to be uploaded and placed as desired, using the editing tools of the GovOffice Content Management System (CMS). Process of Design Service Items 1-2 The Premium desktop design service and Promotional Homepage Icons are a 3 draft, 3 revision process whereby the GovOffice Design Team will create up to three totally unique drafts that reflect the goals and objectives shared by the Client during the initial interview. When ready, the drafts will be submitted to the Client for evaluation. Upon selection of the preferred draft (1 of the 3) by the Client, GovOffice will further develop it with up to three rounds of revision before asking for final approval. 3) Design Service: Customized Mobile Design—$0 GovOffice will enhance the Client's basic mobile design (the free version of GovOffice MobileTM) graphically by designing and implementing a customized skin. The customized skin will replace the stock gray colors of the free version of GovOffice Mobile TM. The project involves the following: -Incorporation of the Client's official logo to the header, along with a complementary color -Stylish font type to accompany the logo within the header, if desired or necessary -Finished header will be programmed for optimal display on both small and large mobile devices -Navigation menu buttons will be customized for color -Border around navigation menu buttons will be customized for color, if desired -Choice of Web -safe font for the navigation menu buttons -Color behind the navigation menu may be customized; background color of content area will be white to maximize readability -Internal page menu bar may be programmed to match the color of the navigation menu buttons Process of Customized Mobile Design Development of the customized mobile design, promotional homepage icons, and the portal page will be a 1 draft, 1 revision process whereby the GovOffice Design Team will create one draft that reflects the goals and objectives shared by the Client during the initial interview. When ready, each draft will be submitted to the Client for evaluation, and the Client is entitled to one round of revision before GovOffice asks for final approval. Page 2 of 3 page 183 O� 4) Content Service: Complete Navigation Analysis & Restructure —$1200 Our content professionals will analyze up to 200 pages of the website navigation menu and then organize and label them according to best practices of information architecture, Web design and usability. Process of Complete Navigation Analysis & Restructure First the Client will be asked to purge any dated section and sub -section from the website in order to streamline the project. Then up to 200 sections of the navigation menu of the Client's current, live website will be analyzed and re -mapped. Next, a test site with a proposed navigation restructure mock-up will be created and shared with the Client. The Client will be encouraged to submit feedback after the initial mockup, and GovOffice will subsequently make revisions. These exchanges will continue until the navigation menu on the test site meets the Client's approval. Upon approval, the navigation menu restructure as shown on the test site will be built on the Client's live website. The content service project is then declared completed. Not Within the Scope of Service Any design feature or flourish or content service requested by the Client that is not included in this Quotation for Design & Content Services is subject to an hourly charge of $125. A 2 -hour minimum is required for any design work performed after programming of the customized design has been completed. GovOffice strives to complete each Client's custom design and content service projects as efficiently as possible, but we do not guarantee completion by or on a specific date. Guarantees No content—text, images, documents, and the like—that resides on the Client's existing website will be lost in the transition from the current design to the new design, and the current website will not be offline during the custom design development process. Further, the Client will continue to have the ability to edit the contents of its website during and after the custom graphic Web design process. The amount of the Client's annual service charge will not increase as result of this project. By signing below, you acknowledge that you have read, understand, and agree to the contents of this Quotation for Design & Content Services. Date Print Name & Title Signature GovOffice Web Solutions 2112 Broadway Street NE, #250 Minneapolis, MN 55413 612-617-5700 (p) 612-617-5701 (f) www.govoffice.com Page 3 of 3