2015-11-17 Council Packet
CITYOF MENDOTAHEIGHTS
CITYCOUNCILAGENDA
November 17,2015 –7:00pm
MendotaHeightsCityHall
1.Call to Order
2.RollCall
3.PledgeofAllegiance
4.AdoptAgenda
5.ConsentAgenda
a.
ApprovalofNovember 3,2015CityCouncilMinutes
b.
Approval of October 29, 2015 Council / Planning Commission Workshop Minutes
c.
Approval of Resolution 2015-88Joint Powers Agreement with Dakota County for 2016
Waste Abatement Community Funding
d.
Approval of Purchase Orders for 2016 Dump Truck and Accessories
e.
Approval of Resolution 2015-90, Senior Citizen Deferred Assessment
f.
Appointment of Probationary Firefighters
g.
Approval of Personnel Action Report
h.
Approval of October 2015 Building Activity Report
i.
ApprovalofClaimsList
j.
Approval of Contractor List
6.Public Comments
7.Presentations
a.
Dakota County –Mendota-Lebanon Hills Greenway Alignment Alternative
Recommendation for Highway 110 Pedestrian Crossing
8.Public Hearing
Resolution 2015-89 Ordering Improvement Project –Mendota Road Neighborhood
a.
Improvements
9.New and Unfinished Business
a.
Presentation by Brian Birch regarding The Village atMendota Heights/Mendota Heights
Town Center
b.
Approve Broadband Joint Powers Agreement with Dakota County Broadband Board
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, November 3, 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 arder at 8:00 p.m. Also present were Councilmembers Duggan,
Povolny, and Petschel. Councilmember Norton was absent.
PLEDGE OF ALLEGIANCE
Council, the audience, and staff recited the Pledge of Allegiance.
AGENDA ADOPTION
Mayor Krebsbach noted that Councilmembers received revisions for Sa. Council minutes, Sd. Planning
Commission minutes, Si. Personnel Action Report, 8a. Vacation of Portion of Perron Road, and 9a.
Bond Sale. City staff recommended that item 9d. be removed from the agenda since that item will be
forwarded to the Park and Rec Commission. Mayor Krebsbach presented the revised agenda for
adoption. Councilmember Duggan moved adoption of the agenda with the revisions as noted.
Councilmember Petschel seconded the motion.
Ayes: 4
Nays: 0
Absent: 1
CONSENT CALENDAR
Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and
approval. Councilmember Duggan moved approval of the consent calendar as presented and
authorization for execution of any necessary documents contained therein, pulling items � Approval of
Resolution 2015-82 Accept Gift for Patrick Memorial, h) Approval of 2016-17 Teamsters Union
Contract, and i) Personnel Action Item.
a. Approval of October 20, 2015 City Council Minutes with revision
b. Approval of October 20, 2015 Council Closed Session Minutes
c. Acknowledgement of October 14, 2015 Airport Relations Commission Minutes
d. Approval of October 27, 2015 Planning Commission Minutes with revision
e. Approval of Ordinance 489, Amend City Code Section 5-3-2 Dog Licensing Provisions
£ Approval of Resolution 2015-82 Accept Gift for Patrick Memorial
page 4
g. Authorize 2015 Auditing Services with KDV
h. Approval of 2016-17 Teamsters Union Contract
i. Personnel Action Item
j. Approval of September 2015 Treasurer's Report
k. Receipt of September 2015 Fire Synopsis
1. Approval of Claims List
m. Approval of Contractor List
Councilmember Petschel seconded the motion.
Ayes: 4
Nays: 0
Absent:
PULLED CONSENT AGENDA ITEM
F) APPROVAL OF RESOLUTION 2015-82 ACCEPT GIFT FOR PATRICK MEMORIAL
Councilmember Petschel noted that this was a significant gift of $2,000 and asked Chief of Police
Michael Aschenbrener to speak to it.
Chief Aschenbrener noted that the Pool & Yacht Club holds an annual golf tournament and this year
they donated the proceeds to the remembrance of Officer Scott Patrick.
Councilmember Petschel moved to adopt RESOLUTION 2015-82 ACCEPTING A GIFT FOR THE
SCOTT PATRICK MEMORIAL.
Councilmember Duggan seconded the motion.
Ayes: 4
Nays: 0
Absent: 1
H) APPROVAL OF 2016-17 TEAMSTERS UNION CONTRACT
Councilmember Duggan questioned a date stated in the Memorandum of Understanding for the
Teamsters contract. The last paragraph reads "FURTHERMORE, the City and Teamsters Loca1320
agree this will be in effect starting January 1, 2014." He asked if it should read January 1, 2016."
Assistant to the Administrator/HR Coordinator Schutta replied that the Teamsters participate in the
Minnesota State Post Health Savings Plan, which was effective January 1, 2014. This MOU is in place;
however, staff can work the Teamsters to update the language. There would be no impact on the budget.
Councilmember Duggan moved to approve the 2016 — 2017 labor agreement between the City of
Mendota Heights and Teamsters Loca1320.
Councilmember Petschel seconded the motion.
Ayes: 4
Nays: 0
Absent:
page 5
I) PERSONNEL ACTION REPORT
Mayor Krebsbach noted the resignation of Project Engineer Almin Ramic and thanked him for his
service to Mendota Heights.
Councilmember Duggan moved to accept the Personnel Action Report.
Councilmember Petschel seconded the motion.
Ayes: 4
Nays: 0
Absent:
PUBLIC COMMENTS
There were no public comments.
PRESENTATIONS
A) ANNOUNCEMENT BY CHIEF OF POLICE MICHAEL ASCHENBRENER
Chief Aschenbrener announced with regret that Jerry Murphy, a long-time member of the Police
Department, passed away on November 2, 2015. All who knew him will miss him.
Jerry moved to Mendota Heights in 1961 where he started as the superintendent at the Somerset Country
Club. He served with the Police Department for 48 years, as a member of the Civil Defense, a Reserve
Officer, and then as a licensed part-time Police Officer.
Over the years Jerry served as the coordinator for the Reserves Program, helping to form the group as it
is today; setting the rules and guidelines and sharing his wisdom and expertise on what it takes to be a
member of the community and to provide the services that cannot be done any other way.
A moment of silence was held in honor of Officer Jerry Murphy.
PUBLIC HEARING
A) RESOLUTION 2015-83 VACATION OF A PORTION OF PERRON ROAD RIGHT-OF-WAY
Public Works Director / City Engineer John Mazzitello stated that the property at 2401 Pilot Knob Road
currently has a purchase agreement on it. The title investigation revealed that the parking lot of the
property actually encroaches into the Perron Road right-of-way. The property owners are requesting a
right-of-way vacation and provided a legal description of the area they are requesting to be vacated.
City 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 only utilized by the 2401
Pilot Knob Road property. The city has no utilities located within the right-of-way proposed to be
vacated. A 60-foot wide right-of-way would be retained by the City.
page 6
The requested vacation would result in the creation of a non-conformity due to the parking lot setback.
To maintain City controlled right-of-way width, this non-conformity is necessary given the existing
conditions. The non-conformity would be a zero-foot parking lot setback from the property line. A
condition of this non-conformity would be that any substantial redevelopment or alteration of the site
would require the owner to correct the non-conformity.
This action requires a 4/5-majority vote because it is a right-of-way vacation.
Councilmember Petschel moved to open the public hearing.
Councilmember Duggan seconded the motion.
Ayes: 4
Nays: 0
Absent: 1
No one from the public wished to be heard.
Councilmember Duggan moved to close the public hearing.
Councilmember Petschel seconded the motion.
Ayes: 4
Nays: 0
Absent:
Councilmember Petschel moved to adopt RESOLUTION 2015-83 VACATING (A PORTION OF)
PERRON ROAD RIGHT-OF-WAY UPON A PETITION OF AN ABUTTING LANDOWNER.
Councilmember Duggan seconded the motion.
Ayes: 4
Nays: 0
Absent: 1
NEW AND UNFINISHED BUSINESS
A) 2015 BOND SALE, RESOLUTIONS 2015-85, 2015-86, AND 2015-87
Finance Director Kristen Schabacker explained that the City had a bond sale for the 2015 General
Obligation Bonds for the road reconstruction projects and to purchase a dump truck. They also had two
refunding bond issues. She introduced Stacie Kvilvang of Ehlers & Associates, Inc.to present the results.
Ms. Kvilvang stated that there were three bond sales held this morning. Standard and Poor's has upheld
the City's AAA rating with a stable outlook. She stated that Standard and Poor's commented that the
City has strong management with good financial policies and practices under the financial management
plan and assessment, has very strong budgetary flexibility, has very strong liquidity, and has very strong
debt contingent liability position.
Ms. Kvilvang then went through a little of the specifics for each of the bond sales
1. 2015A Bonds ($1.2M) issued for a 20-year term for the 2015 Victoria Road Reconstruction
Project and the purchase of the snowplow.
page 7
Three bids were received with the low bid coming from Northland Securities, Inc. at a true
interest rate of 2.6080%.
2. 2015B Bonds ($1,475,000) refinancing the 2007 bonds used to purchase the Par 3 Golf Course,
for a 7 year term.
Six bids were received with the low bid coming from FTN Financial Capital Markets at a true
interest rate of 1.3659%.
3. 2015C Bonds ($1,995,000) refinancing some 2008 general obligation improvement bonds for
road reconstruction project, for a 12 year term.
Five bids were received with a low bid coming from Northland Securities, Inc. at a true interest
rate of 1.9237%.
Council expressed their appreciation to Ehlers & Associates and to Finance Director Kristen Schabacker
for the fantastic job they do each year on the sales of these bonds.
Councilmember Duggan moved to adopt RESOLUTION 2015-85 PROVIDING FOR THE ISSUANCE
AND SALE OF $1,200,000 GENERAL OBLIGATION BONDS, SERIES 2015A, PLEDGING FOR
THE SECURITY THEREOF SPECIAL ASSESSMENTS AND LEVYING A TAX FOR THE
PAYMENT THEREOF.
Councilmember Petschel seconded the motion
Ayes: 4
Nays: 0
Absent:
Councilmember Petschel moved to adopt RESOLUTION 2015-86 PROVIDING FOR THE
ISSUANCE AND SALE OF $1,475,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES
2015B AND PLEDGING FOR THE SECURITY THEREOF LEVYING A TAX FOR THE
PAYMENT THEREOF.
Councilmember Duggan seconded the motion.
Ayes: 4
Nays: 0
Absent: 1
Councilmember Duggan moved to adopt RESOLUTION 2015-87 PROVIDING FOR THE ISSUANCE
AND SALE OF $1,995,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2015C AND
PLEDGING FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS AND LEVYING A TAX
FOR THE PAYMENT THEREOF.
Councilmember Petschel seconded the motion.
Ayes: 4
Nays: 0
Absent:
page 8
B) RESOLUTION 2015-84, VARIANCE AT 1440 NORTHLAND DRIVE,
PLANNING CASE 2015-38
Planner Nolan Wall explained that the applicant requested a variance to erect a freestanding monument
sign within the required setback at 1440 Northland Drive. The subject property contains three separate
parcels with three separate buildings connected by skyways. Two of the buildings are addressed as 1440
Northland Drive and the other is addressed as 1444 Northland Drive. Historically the property was
developed for one user but is now occupied by multiple tenants. Prime Therapeutics recently leased
office space at this location and is requesting the monument sign.
In 1979 there was a 10-foot setback variance that was granted for a pylon sign in approximately the
same location being proposed; however, that pylon sign has since been removed. This application was
reviewed as a new request based on the existing code provisions. As proposed, the freestanding
monument sign would be the only sign on the parcel and would meet the required size, height, and
driveway and parking area setback standards. The proposed variance is for a 2-foot setback from the
property boundary line.
Planner Wall explained the three standards of review for a variance request and shared how this request
satisfies those standards. He also shared images of the property, the proposed sign location, the
driveway, and the parking area. Staff reviewed and confirmed that the sign location would not impede
sight lines for traffic wishing to make a left-hand turn. The applicant and staff reviewed alternatives and
each were rejected for various and valid reasons.
Councilmember Duggan moved to adopt RESOLUTION 2015-84 APPROVING A VARIANCE AT
1440 NORTHLAND DRIVE.
Councilmember Petschel seconded the motion.
Ayes: 4
Nays: 0
Absent:
C) UPDATE ON METROPOLITAN COUNCIL 2015 SYSTEM STATEMENT
Planner Nolan Wall noted that staff recently received the Metropolitan Council's system statement for
the City of Mendota Heights. Staff requested that the Council review the statement and provide
comments.
The Metropolitan Council recently adopted Thrive MSP 2040, which is their regional planning
document. As a result of that they updated regional system and policy plans, which includes
transportation, regional parks, water resources, and housing. As a result, the Met Council then issued
those system statements to each municipality in order to show how those regional plans affect those
jurisdictions. The distribution of the system statement triggers the timeline for updating the
Comprehensive Plan, which is due by December 31, 2018.
Planner Wall briefly summarized the information included in the system statement:
• Forecasts chart for population, households, and employment in the City
page 9
• Housing Policy document, includes regional and local need for low and moderate income
housing
• Transportation Policy summarizes significant changes to those systems and identifies regionally-
significant transportation investments
• Water Resources Policy; the Comprehensive Plan would need to address inflow/infiltration
issues, wastewater service needs, and include the Local Surface Water Management and Water
Supply plans
• Regional Parks Policy; there are over 60 parks, preserves and special recreation areas and over
340 miles of trails
o Fort Snelling State Park, Big Rivers Regional Trail, River-to-River Greenway Trail, and
Mendota-Lebanon Greenway Trail must be address in the City's Comprehensive Plan
Councilmembers had questions and made comments regarding how many people work in Mendota
Heights, population growth versus the number of households, high-density residential designation, the
fact that nothing in the transportation policy addresses an east/west investment for transit, and other
comments to be passed along. Staff stated that they would prepare a letter describing the Counci]'s
concenrs, to be forwarded to the Metropolitan Council.
COMMUNITY ANNOUNCEMENTS
Assistant to the City Administrator Tamara Schutta made the following announcements:
• Winter parking rules are in effect from November 1 through March 31 St. Residents cannot park
on residential streets or in streets from 2:00 to 6:00 a.m. Also, parking is limited to no mare than
30 minutes during a snow fall of two-plus inches.
• Residents are encouraged to adopt-a-hydrant and keep it clear of snow.
• Tickets are still available far the Firefighters Dance taking place on November 13.
COUNCIL COMMENTS
Councilmember Petschel commented that the NOC [Noise Oversight Committee] met with members of
a French Airport Noise group, which was responsible for noise oversight for all of the airports in France.
There was an exchange of information regarding remediating noise, air traffic control, the definition of
remediation, development of a noise model, penalties, and the threat of area navigation on the
departures.
NeXt week she will be going to a meeting for community input on the process for choosing a new
executive director at the airport.
She also noted that the University of St. Thomas won their football game this past Saturday and is
ranked #5 in the nation. Also, St. Thomas Academy had a nice football win against North St. Paul.
Councilmember Duggan noted that the Fresh & Natural Foods grand opening will be held on November
4 at 10:30 a.m. He encouraged residents to check out the store.
page 10
He also encouraged citizens to show their appreciation for the Fire Department and attend the dance
which is to be held on November 13th.
Mayor Krebsbach encouraged residents to attend the ribbon cutting on November 4 for Fresh & Natural
Foods.
She also noted that the Dakota County University of Minnesota Alumni Chapter is having a lecture
series, which they do every fall. This year there is one on November 5 at 7:00 p.m. at Mendota Heights
City Hall. A meteorologist from the university is speaking on climate change.
Mayor Krebsbach noted two events taking place before the next Council meeting:
• Veterans Day on Wednesday, November 11. City offices will be closed.
• Visitation and Funeral for Officer Jerry Murphy on November Sth and 6tn
ADJOURN
Councilmember Duggan moved to adjourn.
Councilmember Petschel seconded the motion.
Ayes: 4
Nays: 0
Absent: 1
Mayor Krebsbach adjourned the meeting at 9:13 p.m.
Sandra Krebsbach
Mayor
ATTEST:
Lorri Smith
City Clerk
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Workshop Meeting
Joint Meeting with the Planning Commission
Held Thursday, October 29, 2015
Pursuant to due call and notice thereof, a workshop meeting of the City Council, City of
Mendota Heights, Minnesota was held at 5:00 p.m. at City Hall, 1101 Victoria Curve, Mendota
Heights, Minnesota.
CALL TO ORDER
Mayor Krebsbach called the meeting to order at 5:00p.m. Councilmembers present included
Norton, Petschel, Povolny.Councilmember Duggan was absent.
Planning Commission members present included Costello, Field, Hennes, Noonan, and Roston.
Magnuson arrived at 5:15 p.m. Planning Commission member Ansis Viksnins was absent.
Also Present: City Administrator Mark McNeill,Assistant to the City Administrator Tammy
Schutta,Planner Nolan Wall, City Clerk Lorri Smith, Phil Carlson representing Stantec, Boston
Weir representing Cushman-Wakefield.
MENDOTA HEIGHTS INDUSTRIAL DISTRICT
Planner Wall introduced consultants Phil CarlsonofStantec, and Boston Weir representing
Cushman-Wakefield. Funded bya grant from the Dakota County Community Development
Agency (CDA) for an Industrial District Redevelopment Area Plan, a planning processwas to be
developed by City staff, in conjunction with Stantec and real estate sub consultantsfrom
Cushman-Wakefield, which wouldidentify strengths and weaknesses, and develop a vision for
the District’s future.
In order to better understand the characteristics and patterns withinthe District, areport was
presented to the Councilmembers and the Planning Commissioners. The report explainedthe
purposeof the District, regulationsand permitted uses, conditional uses, parcel size, building and
tenant types, land values, and the future outlook for the Industrial District.
A team of real estate specialists from Cushman-Wakefield developed a series of market
snapshots for Mendota Heights and the region. These snapshots illustratedthe strength of the
region and improvements to the local economy. It was noted that the industrial market is strong,
both regionally and nationally.
A survey was taken of the owners, tenants, and property managers in the District, regardingtheir
thoughts of the strengths andweaknesses of the District. Strengths noted included location,
amount of green space, and quality of city services. Weaknesses noted included lack of
amenities and retail services, lack of space for physical growth, and airport and trafficnoise.
page 12
The consultants said that they will summarize the comments made at this meeting, and provide
those to the City Council.
UPDATE ON METROPOLITAN COUNCIL SYSTEM STATEMENT
This item will be held over until the next City Council meeting.
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There being no further business, Mayor Krebsbach adjourned the meeting at 6:51 PM.
Sandra Krebsbach
Mayor
ATTEST:
Lorri Smith
City Clerk
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BACKGROUND
page 13
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651.452.1&50 phone I 651-452 2940 f�,x
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CITY OF
MENf7�TA HEf�HT�
November 17, 2015
Mayor, City Council and City Administrator
Nolan Wall, AICP
Planner
Resolution Approving Joint Powers Agreement for Waste Abatement
Community Funding with Dakota County
As part of the 2016 Waste Abatement Community Funding program through Dakota County, the following
items are attached for review:
1. Resolution 2015-88
2. Joint Powers Agreement
3. 2016 Community Funding Applicaiion
We are again requesting the maximum allowable funding in 2016. The amount allocated to the City of
Mendota Heights is $16,000.
Work plan goals for 20l 6 include the following:
1. Attendance at local solid waste group meetings.
2. Monthly recycling tips for all Ciry employees to promote waste reduction in all facilities.
3. Newsletter articles in the Heights Highlights regarding recycling options.
4. Spring Clean-Up event.
5. Social media postings and information regarding recycling opportunities to residents.
6. Organics and recycling collection at the Parks Celebration.
7. Holiday lights recycling collection at City Hall.
8. Purchase of on-course recycling containers for the Par 3.
The majority of the budget is for administrative costs to carry out the work plan. Other expenditures include
the spring clean-up, printing, and postage.
BUDGETIMPACT
The 2016 proposed budgei includes funding for recycling events as identified in the attached materials.
RECOMMENDATION
Staff recommends that the City Council pass a motion adopting RESOLUTION 2015-88 APPROVING
THE JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF
MENDOTA HEIGHTS FOR 2016 WASTE ABATEMENT COMMUNITY FUNDING.
This matter requires a simple majoriry vote.
page 14
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 2015-88
RESOLUTION APPROVING THE JOINT POWERS AGREEMENT BETWEEN THE
COUNTY OF DAKOTA AND THE CITY OF MENDOTA HEIGHTS
FOR 2015 WASTE ABATEMENT COMMUNITY FUNDING
WHEREAS, the Minnesota State Legislature has mandated that communities in the
metropolitan area implement recycling programs in order to reduce the volume of waste being
taken for burial in landfills; and
WHEREAS, Dakota County has adopted a solid waste master plan which sets goals and
targets for the accomplishment of solid waste recycling in each community in the county; and
WHEREAS, Dakota County provides the local communities with grant funding for
implementation and maintenance of local community recycling programs; and
WHEREAS, the City of Mendota Heights has participated faithfully and successfully in
the Community Landfill Abatement Program from 1989 to 2015 and will continue to participate
in 2016.
NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City
of Mendota Heights does hereby approve the Joint Powers Agreement for 2016 Waste
Abatement Community Funding.
Adopted by the City Council of the City of Mendota Heights this seventeenth day of November
2015.
ATTEST
Lorri Smith, City Clerk
CITY COUNCIL
CITY OF MENODTA HEIGHTS
Sandra Krebsbach, Mayor
page 15
JOINT POWERS AGREEMENT
BETWEEN THE COUNTY OF DAKOTA AND
THE CITY OF MENDOTA HEIGHTS
FOR 2016 WASTE ABATEMENT COMMUNITY FUNDING
This Agreement is between Dakota County (County) and the City of Mendota Heights (Municipality).
WHEREAS, Minn. Stat. § 471.59 authorizes local governmental units to jointly or cooperatively exercise
any power common to the contracting parties; and
WHEREAS, the County of Dakota (County) and the cities and the Rural Solid Waste Commission
(RSWC) are governmental units as that term is defined in Minn. Stat. § 471.59; and
WHEREAS, Metropolitan counties are responsible for waste management policy and programs (Minn.
Stat. §115A.551); and
WHEREAS, counties may require local cities and townships to develop and implement programs,
practices, or methods designed to meet waste abatement goals (Minn. Stat. §115A.551); and
WHEREAS, Dakota County Solid Waste Ordinance 110 requires each municipality in the County to have
a solid waste abatement program that is consistent with the Dakota County Solid Waste Master Plan
(Master Plan); and
WHEREAS; by Resolution 12-154 (March 27, 2012), the Master Plan (Master Plan) was adopted by the
County Board of Commissioners, and was subsequently approved by the Minnesota Pollution Control
Agency on May 24, 2012; and
WHEREAS, the Master Plan includes multiple strategies to enhance and leverage resources to help the
County meet waste management objectives; and
WHEREAS, the Master Plan identifies performance-based funding for Municipalities to develop and
implement waste abatement programs, education, and outreach; and
WHEREAS, community funding and waste tire activity amounts are established by the County Board
each year as part of the Environmental Resources Department (Department) budget; and
WHEREAS, by Board Resolution #15-428, the County Board approved 2016 community funding as
presented to the Physical Development Committee of the Whole on August 18, 2015, contingent upon the
availability of funds and subject to funding levels approved by the County Board as part of the 2016
budget; and
WHEREAS, the Program continues responsibilities to increase curbside recycling, promote The
Recycling Zone services, develop municipality-wide diversion metrics and implement recycling in public
gathering areas; and
WHEREAS, new Program responsibilities include reporting documented waste tonnages and developing
a plan for organics diversion in 2017 for municipality-owned/operated buildings; and
WHEREAS, the RSWC has an additional responsibility for waste tire activities for residents in rural
Dakota County; and
WHEREAS, County responsibilities include providing messages, images, terminology, best practices
templates, infrastructure, providing hauler report data and developing resources for organics diversion as
a 2017 priority issue; and
page 16
WHEREAS, separate Joint Powers Agreements with cities and the Rural Solid Waste Commission
identify community and County responsibilities and fund allocations.
NOW, THEREFORE, in consideration of the mutual promises and benefits that the County and
cities/Rural Solid Waste Commission shall derive from this Agreement, the County and City of Mendota
Heights hereby enter into this Agreement for the purposes stated herein.
SECTION 1
PURPOSE
The purpose of this Agreement is to provide for cooperation and funding between the County and the
Municipality for the implementation and operation of a local comprehensive landfill abatement program by
the Municipality in accordance with this Joint Powers Agreement and the 2016 Dakota County
Community Funding Application Packet (attached and incorporated herein as Exhibit 1) that is submitted
by the Municipality.
SECTION 2
PARTIES
The parties to this Agreement are the County of Dakota, Minnesota and the City of Mendota Heights
(Municipality).
SECTION 3
TERM
Notwithstanding the dates of the signatures of the parties, this Agreement shall be in effect January 1,
2016, and shall continue in effect until December 31, 2016, or until termination in accordance with the
provisions herein. This Agreement may be amended in accordance with Section 12 and incorporation of
subsequent years' approved funding application packet.
SECTION 4
COOPERATION
The County and the Municipality agree to cooperate and use their reasonable efforts to ensure prompt
implementation of the various provisions of this agreement and to, in good faith, undertake resolution of
any dispute in an equitable and timely manner.
SECTION 5
PROGRAM
5.1 PROGRAM PURPOSE. The Dakota County Board of Commissioners adopted the 2012-2030 Solid
Waste Master Plan (Master Plan) on March 27, 2012, as required, to implement the Minnesota Pollution
Control Agency's (MPCA) 2010-2030 Metropolitan Solid Waste Management Policy Plan. The Master
Plan identifies performance-based funding for Municipalities to develop and implement waste abatement
programs, education, and outreach. The Community Funding Program's primary purposes are to: ensure
that residents have the opportunity to recycle; and to develop, implement, and maintain projects,
programs, practices, and methods to meet waste abatement objectives as described in the Master Plan.
The Community Funding Program supports the County's efforts for broad-based education and
implementation of local programs and projects for waste reduction, reuse, recycling, hazardous waste
management, and organics diversion as described in the Master Plan.
5.2 ELIGIBILITY. Eligible Municipalities include all cities in Dakota County and the Rural Solid Waste
Commission (RSWC) representing the 13 townships, and six small cities in rural Dakota County.
page 17
5.3 ANNUAL APPLICATION, WORK PLAN AND BUDGET. Annually, each Municipality shall submit an
Application, Work Plan, and itemized budget breakdown for each funding activity to the Department by
the due date specified in writing by the Department and on forms provided by the Department. Public
entities have statutory obligations for waste management that are more restrictive than obligations of the
private sector. The Application requires communities to identify the status of compliance during this
funding period. If not in compliance, communities must identify a timeline and steps being taken to
comply. Referenced statutes include: MN Stat. 115A.151 (internal operations recycling); MN Stat.
115A.552 (programs to meet the County's recycling goal); MN Stat. 115A.552 (providing the opportunity
to recycle); and MN Stat. 473.848 and 115A.471 (internal waste management).The Work Plan shall
include a description of annual waste abatement and Priority Issue Program activities and actions,
completion date, and methods for qualitative and quantitative measurement for each education/outreach
and project/program activity.
5.4 IMPLEMENTATION. The Municipality shall develop, implement, and operate a local comprehensive
landfill abatement program that complies with the Master Plan, Dakota County Solid Waste Ordinance
110 and Exhibit 1.
[For RSWC only 5.41 COMPLIANCE WITH LAWS/STANDARDS. If a waste tire collection event is
conducted, the RSWC shall abide by all federal, state, or local laws, statutes, ordinances, rules and
regulations, including management of the waste tires collected.]
5.5 RECYCLING. Municipalities must ensure the opportunity to recycle exists for all residents and
businesses. Municipalities must develop and implement programs to increase residential recycling,
including at least bi-weekly curbside recyclables collection for single family and multi-family homes.
Recyclables collected must include: plastic containers; three colors of glass; metal; and paper. In 2016,
municipalities must continue planning to implement community-wide organics diversion. Recycling must
be available for city employees. Municipalities must also ensure recycling opportunities exist in public
spaces that the municipality has control over including, parks, community centers and city-sponsored
events.
5.6 PRIORITY ISSUE PROGRAM. The County, with input from Local Solid Waste Staff, develops a
Priority Issue Program to accomplish during the multi-year Master Plan reporting cycle. For 2016, the
Priority Issue will continue to be to increase recycling by expanding the opportunity to recycle for public
gatherings, including at city-sponsored events, parks and non-administrative facilities (e.g., community
centers):
o Recycling collection is offered in municipality-owned non-administrative facilities (e.g., community
centers).
o Recycling collection is offered in park shelters and along major trails as well as applicable public
gathering areas.
o Recycling collection is offered at city-sponsored events.
o Park, event, public gathering areas and internal recycling and trash collection containers are
identified with color-coded signs/labels consistent with the County template.
o Residents and applicable coordinators/staff are educated about recycling in parks, public
gathering areas and events.
o Previous year data is submitted to Department staff for recycling, organics (if applicable), and
trash in public spaces to ensure recycling is occurring.
o Education of municipal staff and public space visitors about what to recycle and general recycling
efforts.
Department staff will identify effective strategies and provide newly-developed materials for municipalities
to implement the Priority Issue Program. For 2017-2020, the Priority Issue is focused on organics
diversion and multi-family recycling. This is subject to change pending Legislation or County strategic
planning.
5.8 PERFORMANCE. The County will evaluate the Municipality's perFormance pursuant to the criteria set
forth in this Section. A Performance Scorecard for each Municipality will be used by Department staff for a
page 18
qualitative analysis of municipal programs and activities. The Scorecard is developed annually by
Department staff with input from LSWS. The Scorecard will be used to create the Work Plan.
The Master Plan identifies numeric objectives for waste reduction, recycling, organics recovery, resource
recovery, and land disposal in five-year increments. Each Municipality's program must be designed to
support the Master Plan objectives, as demonstrated cumulatively through annual reporting.
Master Plan Objectives
2015 2020 2025 2030
Reduction & Reuse 1-2% 2-4% 3-5% 4-6%
Rec clin 45-48% 47-51 % 49-54% 54-60%
Organics Recovery 3-6% 4-8% 6-12% 9-15%
Resource Recover 32-34% 32-33% 30-31 % 24-28%
Land Disposal ceilin 20% 17% 15% 9%
Monthly updates and metrics must be submitted to the Department for communication activities (e.g.,
newspaper readership for paid advertising). In preparation for the annual report, it is recommended that
monthly or quarterly metrics are also submitted to the Department for waste, recycling and organics (if
applicable) tonnages and resulting recycling rate for:
o City-sponsored events
o Parks
o Municipally-owned buildings
Continuing in 2016, the County will provide recycling and waste data gathered from hauler reports to
assist each Municipality in identifying a quantitative waste diversion baseline for the community as a
whole, and annual community diversion goals to help meet the Master Plan objectives.
5.9 ANNUAL REPORT. By February 15, 2016, the Municipality shall submit its Annual Report for the year
2015, in the form prescribed by the County. The Annual Report is a measure of the Municipality's
performance of the activities identified in the Application Packet and described in Section 5.8. [For RSWC
only: The Annual Report shall include the waste tire management activities and metrics. If a waste tire
collection event is conducted, the Annual Report shall identify the location, hauling and disposal costs,
and number of tires collected.] Changes in any funding amounts submitted in the Application must be
identified in the Annual Report.
SECTION 6
FUNDING
6.1 FUNDING AMOUNT. Communities receive perFormance-based funding in part from pass-through
grants from the State. Funding amounts are contingent upon available State and County funds, and
reflect the funding levels presented to the County Board as part of the annual budget. The 2016 funding
for the Municipality shall be in the total amount not to exceed $16,000, as set forth in Exhibit 1, Section V.
[For RSWC only: 6.12 WASTE TIRE MANAGEMENT FUNDING. Dakota County shall pay the RSWC an
amount not to exceed $11,040 for waste tire management in 2016 for rural Dakota County residents.]
6.2 FUNDING PAYMENT. Contingent upon receipt (by February 15, 2016) and approval by Department
staff of the Municipality's Annual Report for the funding year 2015, the County will pay the Municipality the
funding amount set forth in paragraph 6.1 above for 2016. Payment will be made in one installment within
30 days of receipt of the Application and Annual Report receipt. Municipalities with a complete Application
and an approved Annual Report receive 100% payment for eligible expenses.
6.3 ELIGIBLE EXPENSES. Municipalities may use allocated funds only on eligible items as described
below. Eligible expenses are for recycling projects/programs and education and outreach; priority issue
page 19
activities; [for RSWC only: waste tire management education and, if necessary, a waste tire collection
event] and include:
6.3.1 Administration
a) Salary and benefits of personnel, full-time and temporary, and consultant services while working
directly on the planning, implementing, and promoting of eligible activities.
b) Matching funds for other related grants consistent with this program (except for MPCA grants).
c) Subscriptions, memberships, and training (not including out-of-state travel or lodging) necessary
for eligible activities.
d) Data collection and evaluation for effectiveness, efficiency, and responsiveness of landfill
abatement activities.
e) Oversight of municipality solid waste policy, ordinance and contracts related to landfill diversion.
f) Design and implementation of projects and programs to enhance residential curbside collection
programs, park and public gathering area recycling.
g) Other expenses with prior written approval from the Department.
6.3.2 Education and Outreach
a) Production and dissemination of education information to increase awareness and participation in
recycling programs [for RSWC only: including for waste tire management].
b) Promotional items (bags, water bottles, t-shirts, etc.) with Department-approved message and
logo.
c) Education materials for municipal employees, such as signs, trainings and mass communication.
d) Other expenses with prior written approval of the Department.
6.3.3 Eligible Expenses Specific to Priority Issue [for RSWC only: and Waste Tire Management]
a) Containers for parks, events, and non-administrative municipality-owned buildings.
b) Special event displays and signage.
c) Bin recycling/organics/waste labels and signs for park, arena, community center and event
containers.
d) Permanent or reusable banners and posters for buildings, parks and events.
e) Services related to recycling and organics material management at public events using County-
defined best management practices.
f) [For RSWC only: Hauling and disposal of waste tires collected at a waste tire collection event for
rural Dakota County residents.]
g) Other expenses with prior written approval from the Department.
6.3.4Non-eligible expenses include:
a) Expenses related to non-waste abatement waste issues (e.g., energy, water)
b) Waste collection, transportation or management (i.e., reuse, recycle, disposal), except as
provided for in Section 6.3.3(e)
c) Food or refreshments, unless approved by the Department as compliant with Dakota County
policy 1560.
Questions about an eligible expense should be directed to Department staff.
6.4 FUNDING PAYMENT ADJUSTMENTS. The Dakota County Physical Development Director shall
have the authority to approve modifications to the Funding Amount as requested by the Municipality in the
Application, as long as the amount payable under this Agreement does not exceed the amount approved
by the Dakota County Board of Commissioners and so long as the proposed modifications are consistent
with Exhibit 1. Municipalities must expend the community fund by the end of the calendar year, unless
prior written approval is received from the Department. Municipalities must return unspent funds (the
difference between the amount of funds provided and the amount a Municipality reports as expended)
and must return funds if expenditures or activities that are determined by Department staff as not
consistent with the Application and Work Plan.
page 20
6.5 FUNDING SOURCE ACKNOWLEDGEMENT. All community printed public education/communication
materials shall credit the Dakota County Board of Commissioners and the Minnesota Pollution Control
Agency as funding sources. Any use of the Dakota County logo and Dakota County website references
must use style guidelines as prescribed by the Dakota County Communications Department.
SECTION 7
RESPONSIBILITIES OF THE PARTIES
7.1 The County, through its Environmental Resources Department, shall include the following
responsibilities under this Agreement:
• Administer Community Funding Program through this Joint Powers Agreement.
• Develop and provide annual templates for the Application, Work Plan/Annual Report and
Performance Scorecard.
• Provide technical assistance for each Municipality to apply, plan for, and report on work efforts.
• Develop and complete a Performance Scorecard for each Municipality.
• Provide messages (e.g., for print pieces and electronic media), templates, and images for use in
community education and outreach efforts for waste abatement and for the Recycling Zone.
• Provide preferred terminology based on Regionally-approved language.
• Ensure municipalities are familiar with and have access to all new materials in multiple ways,
including electronically.
• Provide equivalent support (e.g., technical assistance, messages, templates, images, materials)
for the Priority Issue Program.
• Develop and maintain waste management information on the County website.
• Provide effective strategies, best practice approaches and infrastructure support (e.g., containers,
labels, among others) for Municipalities to implement the Priority Issue Program.
• Provide community waste and recycling hauling data based on hauler reports.
• Evaluate Municipality performance.
• Allocate, manage and distribute funds.
7.2 The Municipality shall include the following responsibilities under this Agreement:
• Develop, implement, and maintain a comprehensive landfill abatement program.
• Ensure the opportunity to recycle exists for residents and businesses in the Municipality.
• Ensure curbside recycling services are provided for all single- and multi-family residents.
• Designate a Municipality Liaison responsible for Community Funding Program implementation.
• Ensure the Municipality Liaison or designee attends at least four out of six Municipality/County
meetings each year.
• Develop and submit an annual Application, Work Plan and itemized budget.
• Conduct waste abatement education for Municipal operations.
• Develop and submit an Annual Report to the Department.
• Follow the Dakota County style guidelines for logo and website references, and use terminology
and images developed by the Department.
• Ensure Municipality website content for recycling and household hazardous waste link to the
respective Dakota County web pages.
• Develop and distribute at least one written communication to every new and existing household
about recycling [for RSWC only: including waste tire management], waste reduction and/or
reuse.
• Develop and report quantitative and qualitative measurements for each communication and
outreach activity, waste abatement project/program activity and event.
• Except for municipalities with 1,000 housing units or less, implement at least four additional
education activities from a menu of options developed by the Department.
• Develop and distribute at least one written communication to every new and existing household
about The Recycling Zone services.
• Submit all print materials to the Department for review prior to distribution.
page 21
• Provide funding source credit from the Dakota County Board of Commissioners and the
Minnesota Pollution Control Agency in all printed materials.
• Coordinate with Department staff to identify a quantitative waste diversion baseline and annual
goal.
• Develop and implement collection events of materials to be recycled.
• Develop and implement projects and programs to increase residential recycling.
• Implement planning for community-wide organics diversion.
• Ensure recycling opportunities exist in public spaces owned and/or managed by Municipality.
• Establish a recycling rate goal and report tonnages and recycling rates for municipality-owned
and/or operated facilities.
• Develop municipality-wide diversion metrics.
• Complete Priority Issue Program for public gathering areas:
o Coordinate with stakeholders to identify opportunities and improvements for recycling in
public gathering areas, including parks and non-administrative buildings (e.g., community
centers).Expand or initiate collection of recyclables and/or organics at special events and
other away-from-home locations.
o Ensure all trash, recycling and organics containers for parks, public gathering areas and
events have consistent messages, images and colors, and follow best practices, as
defined by the Department.
o Provide education materials to Municipality employees such as signs, trainings and mass
communication to implement the Priority Issue.
• Report quantitative measurements for recycling, organics (if applicable), and trash for public
spaces, internal operations, and city-sponsored events.
SECTION 8
PROPERTY
Upon termination of this Agreement, any containers, labels and/or necessary infrastructure purchased by
the County and provided to the participating Municipality shall be the sole property of the Municipality.
SECTION 9
INDEMNIFICATION
9.1 IN GENERAL. Each party to this Agreement shall be liable for the acts of its officers, employees or
agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of
the other party, its officers, employees or agents.
9.2 LIMITATIONS. The provisions of Minn. Stat. § 471.59, the Municipal Tort Claims Act, Minn. Stat. ch.
466 and other applicable laws govern liability of the County and the Municipality
9.3 SURVIVORSHIP. The provisions of this Section shall survive the expiration or termination of this
Agreement.
SECTION 10
AUTHORIZED REPRESENTATIVES AND LIAISONS
10.1 AUTHORIZED REPRESENTATIVES: The following named persons are designated the Authorized
Representatives of the parties for purposes of this Agreement. These persons have authority to bind the
party they represent and to consent to modifications, except that the authorized representative shall have
only the authority specifically or generally granted by their respective governing boards. Notice required to
be provided pursuant to this Agreement shall be provided to the following named persons and addresses
unless otherwise stated in this Agreement, or in a modification of this Agreement.
TO THE COUNTY Steve Mielke, Director (or successor)
Physical Development Division
Western Service Center
14955 Galaxie Avenue
Apple Valley, MN 55124
TO THE MUNICIPALITY
successor)
page 22
Mayor (or
In addition, notification to the County regarding termination of this Agreement by the other party shall be
provided to the Office of the Dakota County Attorney, Civil Division, 1560 Highway 55, Hastings, MN
55033.
10.2 LIAISONS. To assist the parties in the day-to-day performance of this Agreement and to ensure
compliance and provide ongoing consultation, a liaison shall be designated by the County and the
Municipality. The County and the Municipality shall keep each other continually informed, in writing, of
any change in the designated liaison. At the time of execution of this Agreement, the following persons
are the designated liaisons:
County Liaison: Jenny Kedward
Telephone: (952) 891-7043
Email: jenny.kedward@co.dakota.mn.us
Municipality Liaison: Name: _
Telephone:
Email:
SECTION 11
TERMINATION
11.1 IN GENERAL. Either party may terminate this Agreement for cause by giving seven days' written
notice or without cause by giving thirty (30) days' written notice, of its intent to terminate, to the other
party. Such notice to terminate for cause shall specify the circumstances warranting termination of the
Agreement. Cause shall mean a material breach of this Agreement and any supplemental agreements or
amendments thereto. Notice of Termination shall be made by certified mail or personal delivery to the
authorized representative of the other party. Termination of this Agreement shall not discharge any
liability, responsibility or right of any party, which arises from the performance of or failure to adequately
perform the terms of this Agreement prior to the effective date of termination.
11.2 TERMINATION BY COUNTY FOR LACK OF FUNDING. Notwithstanding any provision of this
Agreement to the contrary, the County may immediately terminate this Agreement if it does not obtain
funding from the Minnesota Legislature, Minnesota Agencies, or other funding source, or if its funding
cannot be continued at a level sufficient to allow payment of the amounts due under this Agreement.
Written notice of termination sent by the County to the Municipality by email or facsimile is sufficient
notice under this section. The County is not obligated to pay for any services that are provided after
written notice of termination for lack of funding. The County will not be assessed any penalty or damages
if the Agreement is terminated due to lack of funding.
SECTION 12
MODIFICATIONS
page 23
Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be
valid when they have been reduced to writing, approved by the parties' respective Boards, and signed by
the Authorized Representatives of the County and the Municipality.
SECTION 13
MINNESOTA LAW TO GOVERN
This Agreement shall be governed by and construed in accordance with the substantive and procedural
laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings
related to this Agreement shall be venued in the County of Dakota, State of Minnesota.
SECTION 14
MERGER
This Agreement is the final expression of the Agreement of the parties and the complete and exclusive
statement of the terms agreed upon and shall supersede all prior negotiations, understandings, or
agreements.
SECTION 15
SEVERABILITY
The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered
void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the
remainder of this Agreement unless the part or parts that are void, invalid or otherwise unenforceable
shall substantially impair the value of the entire Agreement with respect to either party.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated
below.
COUNTY OF DAKOTA COUNTY
Georg Fischer, Director
Environmental Resources Department
Date of Signature:
CITY OF
Date of Signature:
Attest
Date of Signature:
APPROVED AS TO FORM:
Assistant County Attorney/Date
-15-
County Board Res. No. 15-
, Mayor
page 24
Dakota County, Physical Development Division
Environmental Resources Department
Jenny Kedward, 952-891-7043 �� �1��y� <�c'war � �,-� �
Application process: Joan Kowski, 952-891-7965,
C O U N T Y ;�: �, ��.
Mendota Heights
2016 Dakota County Community Funding Application Packet
Application Packet and JPA Submittal Due Date: November 30, 2015
Funding Period: January 1, 2016 - December 31, 2016
2016 ANNUAL REPORT DUE DATE February 15, 2016
Date Application Submitted , 2015
Submit completed Application Packet by:
1. Uploading to the Dakota County Local Solid Waste Staff (LSWS) SharePoint web site
URL: !��t��s:/,Ae,;�rGnet.co.dal<oi�.mr�.��s/siiesllsvws
2. Sending electronicallyto ie�nvJ<edward@co.dakota.m�,.�.�s
3. Mail to:
Jenny Kedward
�akota County Physical Development Division
14955 Galaxie Avenue
Apple Valley, MN 55124
Main Contact for Municipality
Designated Liaison: Nolan Wall Title: City Planner
E-maiL• , Phone: 651-255-1142
Mailing Address: 1101 Victoria Curve City/State/Zip: Mendota Heights, MN 55118
Secondary Contact for Municipality
Asst. to the City Admin./HR
Designated Back-up: Tamara Schutta Title: Coordinator
E-maiL• Phone: 651-452-1850
Communications contact (if applicable)
Name:
Title:
E-mail: Phone:
Main Park Contact for Priority Issue (if applicable)
Name: Title:
E-mail:
Phone:
Municipality: Mendota Heights
Funding Year: 2016 page 25
List of documents and information required as part of the Joint Powers Agreement for Community Funding.
1. Copy of the Official Resolution or Minutes of the Proceedings
Attach an official action from the governing body (e.g., City Council or Commission) requesting the funding
allocation OR a certified copy of the official proceedings of the governing body approving the funding allocation.
2. Work Plan
Complete the Work Plan (below) that includes recycling rate goals, activities, timeline, deliverables and
anticipated measurements.
3. Requested Budget
Fill in the summary below and attach an itemized budget in Part V.
Fund Request County Fund Eligibility
Admin, Outreach/Education, Priority Issue $16,000 $16,000
Waste Tire Activities (RSWC Onlv)
TOTAL �� $16,000 �� $16,000
4. Compliance with Public Entity Laws
Yes No*
MN Stat. 115A.151 (internal recycling programs for facilities X
under the municipality's control)
MN Stat. 115A.552 (community recycling programs in place) X
MN Stat. 115A.552 (residents have the opportunity to recycle) X
MN Stat. 473.848 and 115A.471 (management of solid waste X
collected under contract from municipal operations)
*If no, identify the timeline and steps being taken to obtain compliance.
The City is working with Dakota County to order and place new recycling bins in certain parks that are lacking.
I certify that this 2016 Community Funding Application Packet was prepared under my direction or supervision,
and that the information is true, accurate, and complete to the best of my knowledge. I certify that a 2016 Annual
Report demonstrating compliance with this application will be submitted to the Department by February 15, 2017.
Name of person completing document
Signature (electronic signature acceptable)
Title Date
page 26
2016 Work Plan/Annual Report
I. Administration and Internal Recycling
� ���+I S�l�� IlEl�as�ca s�-�€g �r.�'�?��� �?������.s
GOAL: Open communications to share activities and results between County and Municipal staff.
The municipality's designated Municipality Liaison must plan to attend at least FOUR out of the
following six LSWS meetings per year.
REPORT: When submitting the Annual Report, check each box next to the meetings attended.
� . �. -
❑ January 14 ❑ July 14
❑ March 10 ❑ September 8
❑ May 12 ❑ November 10
Internal Recycling Rates
GOAL: Show compliance with MN Stat 115A.151 to maintain recycling program for facilities under the
municipality's control. Also, communicate effectiveness of waste diversion activities in municipal
operations to County.
List each building the municipality owns and/or operates and the recycling rate goal for each.
REPORT: At the end of 2016, a recycling rate will be required for report submission. This can be obtained
by asking your hauler what the trash and recycling tonnages were for each building. It is suggested to
keep track of this information monthly or quarterly. Work with your municipal representative that
handles contracts and/or invoices from the hauler.
*Recycling rate = recycling weight /(recycling weight + wpste weightJ
NOTE: to add more rows, click in the last box in the table and hit the TAB key.
page 27
l�a�����o��� ��� ��°1���� ������a�a�� c����$ k4�ae�p��i��
GOAL: Promote recycling and waste reduction in the municipality's administrative buildings to help
reach recycling rate goal.
List the activity, general message, date and type of ineasurement (e.g., attendees at a presentation,
number of labels placed on bins) for each internal outreach activity.
REPORT: Update the table with actual measurement in last column when submitting the annual report.
� ���'n ° "� � , ;.��'�i�; i,���j ��:al s u�`'4 '�f�1�4 i�n , � .
�
q
� o-P-�.��_�vu � o = • ... .� ' • k_'��.� �` "� '
Example: Presentation at Parks Dept. staff � 3/14/16 Number of 21 attendees
meeting attendees (84% of staff)
Employees w/
Intranet postings Monthly access to the
� site
Order/place new recycling bins I 2016 # of new bins
II. Outreach and Education
��`,�}��:�k�� ��Aa��'�r��
GOAL: Consistent recycling and waste abatement messaging throughout the County.
0 I verify that all information on the municipal website regarding solid waste reduction, reuse,
recycling, organics diversion and household hazardous waste links to applicable County webpages.
Rec�u��ed ��rrrrr��€r�ic�t�o�r
GOAL: Inform residents about curbside recycling opportunities and household hazardous waste services
at The Recycling Zone.
Each municipality is required to produce at least one written communication to every new and
existing household for each of the following topics:
• Curbside recycling
• The Recycling Zone services
List the outreach method, general message, date produced and type of ineasurement (e.g., number of
newsletters distributed) for each activity.
REPORT: Update the table with actual measurement when submitting the annual report.
Example: City newsletter identifies
curbside recyding materials
Newsletter articles
9/1/16 Readership 1 page of newsletter
13,853 residents
, 10 new residents
Quarterly I Readership
��,�� ��:�f��� �����u �_���� �`��rc�� � , �r������r��E;�c�� ��lY'�
Required of the Rural Solid Waste Commission and communities with over 1,000 households.
GOAL: Education to increase recycling and waste reduction.
f�
page 28
Each municipality must complete at least FOUR eligible educational activities not covered in the above
tables. Suggestions are listed below but other activities may be approved by Department. List the type
of ineasurement (e.g., attendees to a presentation, number of articles published).
REPORT: Update the table with actual measurements when submitting the annual report.
Example: Host a booth at the
annual Arbor Day Event
Spring Clean-up event
Social media postings
Sewer bill message
What to
recycle
curbside
Recycling
event
Recycling
options and
information
Recycling
options and
information
5/5/16 Event attendance 60 attendees
May Event
2016 attendance
Monthly Social media
followers
Summer Residents
2016 billed
Park Celebration Organics June Attendees
collection I 2016
+� _ t, '�� �; � �: r�� �v : t:,r�;-�< rn the last box in the i��le ar8�` hri t�lre TAB key.
Eligible Educational Activities
• Sponsor an event for Earth Day, America Recycles Day or Pollution Prevention Week
• Coordinate an event for a school(s)about recycling, waste reduction or HHW
• Distribute an additional printed outreach piece about recycling or waste reduction
• Presentation/activity to community group (minimum 10 attendees)
• Staff a booth at a community event with waste abatement information (minimum 50
attendees)
• Post social media messages (posts must be at least monthly)
• Other educational activity as approved by Department staff as part of the work plan meeting
�5�� �,��`��It�6�l�f" ,�-`�����7����i�9�� ��I� �'��^l"'��e��`;;
GOAL: Increase residential recycling in Dakota County.
Each municipality must develop programs to increase residential recycling. Use the table to list events
and activities where materials are collected to be recycled or reused (not disposal). Activities that do
not fit into the table requirements should be listed in the narrative below the table.
REPORT: Update the table with actual measurements when submitting the annual report. Update the
event/activity narrative with activity outcomes and describe efforts completed and actions in the 2017
waste planning narrative.
��l��c�f�� ������� a�' �'����������
List the event or activity, date conducted, how it was promoted and the type of ineasurement (e.g.,
attendees to an event, weight or volume of material collected). Event promotion may also be used in
residential outreach and education (above) if the activity also communicates general recycling, waste
page 29
reduction and reuse knowledge. Activities that are not associated with a date should be described in the
narrative question.
Example: "Recycle Your Holiday 12/1/15- Facebook posts Pounds of lights 471bs. of string lights
Lights" drop-off at Burnsville Ice 1/31/16 Website collected
Center Newsletter article
11/15/15 Social media, Pounds of
Recycle Your Holidays _ 2�5/16 newsletter, lights
website collected
Social media, Pounds of
Spring Clean-up event 2�16 newsletter, material
website collected ,
NOTE: to add another row, click in the last box of the table and press TAB.
NARRATIVE: Describe other waste abatement activities and/or program development conducted by
municipality, such as managing bulky waste.
Waste Abatement Planning
1. Describe efforts to identify a quantitative waste diversion baseline and annual goal for your
municipality (e.g., pounds recycled per household).
Work with the County to develop and implement a process to collect and analyze data.
�_ �� i � _ � - ��' � rxl��� . I . _ . �'�� �� �[,i � _.
Work with the County to develop and implement a process to collect and analyze data. We are
looking into a drop-off for organics. We also plan to collect organics at some city-sponsored events.
3. Describe what actions will be taken and an estimated timeline to implement organics collection at
city-owned/operated buildings, beginning in 2017. List city administrative buildings and the types
of areas within each building that have potential for organics diversion (e.g., break rooms,
kitchens).
Work with the County to develop and implement a process to collect and analyze data. Assess
breakrooms/kitchens and work with haulers to determine pricing for collection.
page 30
11°�� ���orifiy Issue: Public Space Reeyeli��
GOAL: Provide consistent recycling opportunities for public gathering areas, including parks, public
areas, events and in municipally-owned non-administrative buildings.
Municipalities must coordinate to offer recycling in public areas by the end of 2016.
REPORT: Fill in the 2016 Report columns with actual diversion measurements.
Parks and public non-administrative buildings
*Recycling rate = recycling weight /(recycling weight + trash weightJ
What will you need to complete the BMPs for each of these parks in 2016?
Work with the County to order and place new bins and analyze other park facilities for BMPs.
City-sponsored events
2016 REPORT
Weights
Recycling, (recycling, Waste
Date(s) Estimated Organics, organics, diversion
Name of Event of event Attendance or both? Event location trash), Ibs rate* (%)
Parks Celebration �une Unknown Both Mendakota Park
2016
*Waste diversion rate =(recycling weight + organics weight) /(recycling weight + organics weight + trash weighti
What will you need to complete the BMPs for each of these events in 2016?
Work with the County to obtain the appropriate collection facilities.
page 31
11a ���� ��rr�r���ll���� �a������� ������� ��¢� ������� ��r�
Municipalities must enter estimated costs per line item based on the total community allocation. LNIF
allocations are identified separately. Please list all municipality contributions (i.e., financial, staffing,
other). Use another table if necessary. Municipality contributions are not mandatory but help the
Department identify needs for this program. The total County share may not exceed the "amount of
funds eligible for" provided by County staff in the application. Funding from budgets may not be carried
over to the next year. For the RSWC, the total County share will include waste tire activity funds.
REPORT: Update the table and % FTE with actual data when submitting the annual report.
� .. . .-
. . . ..
.
Salary I 7800 17000 I 24800
Mileage 0 I 100 I 100
Training/Subscription/Membership 600 I 0 600
Consultant/temporary help 0 0 0
Design/printing 2000 0 2000
Distribution/mailing I 1500 0 1500
Advertisement 0 I 0 0
Promotional Items 0 0 0
Special events fees I 3500 4000 7500
Data collection/evaluation I 0 0 0
Containers 600 0 600
• � .��� �� �� ��
*NOTE: To update formulas, press Ctrl + A, then press F9
�fotal percent F�E for your municipality to coordinate this program: 20%
llul �iC?ona �urvc P nd�[a I����,I-�te�J�'-�Ii�2
b51.452]$50 phune � Ei51.45Z8940 fax
_ www.rnendot� heights.eom _
� _ �
� Cirv or-
� MEN�OTA HEI�B—ITS
DATE: November 17, 2015
TO: Mayor, City Council and City Administrator
FROM: Terry Blum — Public Works Superintendent
SUBJECT: Approval of Purchase Orders for New Plow Truck & Equipment
BACKGROUND:
The Road and Bridge 2016 Budget includes $200,000.00 for the purchase of a single axle Mack
dump truck and accessories to be paid from bonds which were issued on November 3, 2015.
The truck we are replacing is a 2000 Sterling dump truck. We received a quote off the state
contract from Nuss Truck and Equipment in the amount of $108,327.00. With sales tax and
trade-in ($22,000) the cost of the truck would be $93,368.25. We have purchased three Mack
trucks in the past and are very pleased with all of them.
We are asking for authorization to order the truck now (with purchase and payment in 2016)
because the build date would be in January (with delivery in May or early June) and if we asked
for authorization any later the build date would be in late spring with a much later delivery date.
We also received a quote for the dump body, hoist, wing, sander, warning lights and hydraulics
from Towmaster, Inc. in the amount of $104,786.00. The price quoted for this equipment is
from the State contract also. There is no sales tax on these accessories for the truck. (The
accessories would be purchased after the truck arrives in 2016 and the price will be the same).
This will bring the total cost of the truck, plow and equipment to $198,154.25. This is $1,845.75
under the budgeted amount.
BUDGET IMPACT:
The 2016 Budget includes $200,000.00 for the purchase of the new plow truck. During budget
discussions it was agreed that this vehicle would be purchased via financing. The purchase price
is $1,845.75 under the budgeted amount. Actual invoices will be received and paid in 2016.
RECOMMENDATION;
Staff recommends that the City issue purchase orders to Nuss Truck and Equipment in the
amount of $93,368.25 for the purchase of the new dump truck and to Towmaster Inc. in the
amount of $104.768.00 for the truck accessories.
ACTION REQUIRED:
If Council concurs with staff's recommendation, it should pass a motion approving purchase
orders to Nuss Truck and Equipment in the amount of $93,368.25 for the purchase of the new
dump truck, and to Towmaster, Inc. in the amount of $104.768.00 for the truck accessories.
This requires a simple majority vote.
DATE:
TO:
FROM:
SUBJECT:
Cirv oF
MENDOTA HEI�HTS
BACKGROUND:
1101 1/icCor�;a Curve ��!endota Ha�yhts��lT,�
651.452.1&50 phone � 651.452.8940 fdx
� www.mendota heights.com ,
November 17, 2015
Mayor, City Council and City Administrator
John Mazzitello, PE, PMP, MBA — Public Works Director/City Engineer
Senior Citizen Deferred Assessment Request
We have received a written request from Louise A. Eggleton for a senior citizen deferment of the
assessment against her property for the Victoria Road South street reconstruction project. Cities
are authorized to let a property owner defer paying a certified assessment until a later date,
provided the property owner or the property meets certain criteria. There are three types of
deferrals; undeveloped property, senior citizen and disability deferrals, and green acres.
Deferred assessments become payable (with interest) upon sale of the property, or when the title
of the property changes hands by means other than a sale.
Ms. Eggleton, who lives at 1900 Victoria Road S, (property ID number 27-82000-03-030) is
asking the City Council to defer the assessment of $6,500.00 that was levied against her
property. The attached Resolution would defer the making of the assessment for this property.
BUDGETIMPACT:
The financing of this assessment was already figured into the bond sale that took place earlier
this year. If approved, the assessment deferral debt would be carried by the City until the title of
the property transfers to a new owner. At the closing for the title transfer, the assessment must
be paid in full.
ACTION REUOIRED:
Staff recommends Council adopt the attached Resolution 2015-90 Deferring the Making of
Assessment as to the Property Located at 1900 Victoria Road (PID 27-82000-03-030)
Improvement No. 201308A. If Council wishes to implement the staff recommendation, they
should pass a motion to adopt the aforementioned Resolution. This action requires a simple
majority vote.
page 34
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNEOSTA
RESOLUTION 2015-90
Resolution Deferring the Making of Assessment as to the Property Located at 1900
Victoria Road (PID 27-82000-03-030) Improvement No. 201308A
WHEREAS, the City Clerk, with the assistance of the City Engineer has calculated the
proper amount to be specifically assessed for Improvement 201308a, the reconstruction of
Victoria Road South; and
WHEREAS, the proposed assessment roll for said improvements has been filed with the
City Clerk and at all times since its filing has been open to public inspection; and
WHEREAS, a hearing on said assessments was duly held at 7:00 p.m. on October 20,
2015, at the City Hall in the City of Mendota Heights, MN and;
WHEREAS, Louise A. Eggleton, is the owner of certain property more particularly
described as Parcel No. 27-82000-03-030, the legal description of which is following described
property situated in Dakota County, Minnesota;
Victoria Town Homes Lot 3 Blk 3& interest attributable to common area known as Lot 1 Blk 8
WHEREAS, the assessment roll for said project proposed a total assessment against the
above-described property of $6,500.00; and
WHEREAS, Louise A. Eggleton has requested that the making of an assessment against
said property by reason of said improvements be deferred until such time as the property is sold
or otherwise transferred in Title Ownership.
NOW THEREFORE, IT IS HEREBY RESOLVED, by the City Council of the City of
Mendota Heights, Minnesota as follows:
L The assessment roll for said improvements (Improvement No. 201308a) be corrected
to defer the making of an assessment at this time against the property of Louise A. Eggleton
(parcel no. 27-82000-03-030).
2. That upon the future sale of title transfer of said property there shall be ]evied an
assessment in the principal amount of $6,500.00 by reason of Improvement No. 201308a, plus
interest at the rate of six percent (6%) per annum from October 20, 2015.
3. That the City Clerk is hereby directed to correct the assessment roll for said
improvements as set forth above.
Adopted by the City Council of the City of Mendota Heights this 17th day of November 2015.
ATTEST:
Lorri Smith, City Clerk
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Sandra Krebsbach, Mayor
page 35
ilQl'victora Curve r��endata Re��cnt�. MN 5511B
651.452.1850 phone � 651.452.8940 Yax
� www.mendota-heights.com ,
� s �
� CITY OF
MENC�OTA HEIGHTS
DATE: November 17, 2015
TO: Mayor, City Council and City Administrator
FROM: John P. Maczko, Fire Chief
Tammy Schutta, Assistant to the City Administrator/HR Coordinator
SUBJECT: Probationary Firefighter Appointments
BACKGROUND
Since August the Fire Department Officers and Tamara Schutta, Assistant to the City
Administrator/HR Coordinator, have been involved in screening new applicants for the
firefighter position to restore our ranks to an authorized strength of 36. The process was started
with seven applicants who expressed interest in the position. Five candidates were scheduled for
interviews. However, one candidate did not show up for the interview. Therefore only four
candidates completed the process. Through the process the interview board selected the four
candidates and offered conditional offers of employment to fill three open positions plus one for
a pending retirement. One candidate did decline our offer at this time.
The offers are conditioned upon passing a criminal histary, background check, physical, drug test
and council approva] to a one year probationary period. On behalf of the committee we are
pleased to recommend the three candidates below for city council approval to a one year
probationary period. The three candidates recommended for probationary appointment are:
Daniel Johnson
Laura Wertish
Michael Winters
BUDGETIMPACT
The probationary firefighter pay is $8.36 for fire calls and training.
RECOMMENDATION
As mentioned above the interview board recommends that council appoints the three candidates
as probationary firefighters. City staff recommends that the City Council approve the
appointment of Daniel Johnson, Laura Wertish and Michael Winters as probationary firefighters
with an effective start date ofNovember 21, 2015. A simple majority vote is all that is needed on
this issue.
� � �
� Cirv aF
MEN�O�A H�fGH��
DATE:
TO:
FROM:
SUBJECT
Item 1:
page 36
11G1 Vict�orfa Curve , Mendcta I-e�c,�hts MN 55110
651.452.1850 phone I 651452 29<IO f�x
� evww.mendota-heights.com _
November 17, 2015
Mayor, and City Council
Tamara Schutta, Assistant to the City Administrator/HR Coordinator
Personnel Action Item
Approval of employment of part-time winter 2014/2015 seasonal employees
Staff is requesting council approval for the hiring of the below listed part-time winter seasonal
ice rink flooders. All final candidates were offered their position contingent upon a successful
completion of a criminal background check and council approval. The proposed salaries are
consistent with the part-time seasonal staff pay matrix.
Public Works Department —Seasonal Rink Flooder Positions 2015/2016
Rink Flooder
Max Buell
Chad Hanson
Matt O'Connell
Adam Tschida
Nick Toth
John Wolff
Scott Wolff
BUDGETIMPACT
As noted above.
Hourly Rate
$10.00
$10.50
$10.00
$10.00
$10.25
$10.00
$10.25
:_ __ I U_ U _ \ _I •. _ _ � \
Staff recommends that the Mendota Heights City Council approve the action requested above for
item one. A simple majority vote is all that is needed on this issue.
11/11/2015 Mendota Heights Building Activity Report Mike Andrejka, Building Official
page 37
October 1, 2015 cn.� October 31, 2015 January 1, 2015 thru October 31, 2015 January 1, 2014 cn�� October 31, 2014 lanuary 1, 2013 cn�� October 31, 2013
Building Permit No. Valuation Fee Collected Building Permit No. Valuation Fee Collected
SFD 1 $ 707,780.00 $7,419.64 SFD 9 $ 4,772,524.00 $51,844.26
APT 0 $ - $0.00 APT 0 $ - $0.00
Townhouse 0 $ - $0.00 Townhouse 4 $ 1,080,000.00 $13,706.56
Condo 0 $ - $0.00 Condo 0 $ - $0.00
Misc 72 $ 1,260,640.86 $ 14,986.65 Misc 556 $ 8,334,419.06 $ 124,477.22
Commercial 5 $ 527,200.00 $6,156.44 Commercial 36 $ 5,951,676.00 $67,573.89
Building Permit No. Valuation Fee Collected
SFD 17 $ 7,230,000.00 $72,241.60
APT 0 $ - $0.00
Townhouse 0 $ - $0.00
Condo 0 $ - $0.00
Misc 525 $ 6,672,783.40 $ 119,056.56
Commercial 42 $ 10,792,057.50 $98,419.68
Building Permit No. Valuation Fee Collected
SFD 3 $ 1,059,000.00 $ 11,176.11
APT 0 $ - $ -
Townhouse 0 $ - $ -
Condo 0 $ - $ -
Misc 478 $ 5,885,673.00 $ 106,413.55
Commercial 88 $ 12,564,162.00 $ 96,205.57
Sub Total 78 $ 2,495,620.86 $ 28,562.73 Sub Total 605 $ 20,138,619.06 $ 257,601.93 Sub Total 584 $ 24,694,840.90 $ 289,717.84 Sub Total 569 $ 19,508,835.00 $ 213,795.13
Trade Permit No. Valuation Fee Collected Trade Permit No. Valuation Fee Collected Trede Permit No. Valuation Fee Collected Trede Permit No. Valuation Fee Collected
Plumbing 20 $1,530.60 Plumbing 186 $16,970.84 Plumbing 136 $10,024.43 Plumbing 152 $ 8,390.60
Water 0 $0.00 Water 6 $60.00 Water 5 $50.00 Water 2 $ 20.00
Sewer 0 $0.00 Sewer 12 $750.00 Sewer 19 $475.00 Sewer 5 $ 125.00
Mechanical 35 $2,787.88 Mechanical 300 $31,340.13 Mechanical 223 $22,245.72 Mechanical 249 $ 33,247.09
Sub Total 55 $ 4,318.48 Sub Total 504 $ 49,120.97 Sub Total 383 $32,795.15 Sub Total 408 $ 41,782.69
License No. Valuation Fee Collected Licenses No. Valuation Fee Collected Licenses No. Valuation Fee Collected Licenses No. Valuation Fee Collected
Contractor 25 $1,250.00 Contractor 307 $15,350.00 Contractor 313 $15,650.00 Contractor 313 $ 15,650.00
Total 158 $ 2,495,620.86 $ 34,131.21 Total 1416 $ 20,138,619.06 $ 322,072.90 Total 1280 $ 24,694,840.90 $ 338,162.99 Total 1290 $ 19,508,835.00 $ 271,227.92
NOTE: All fee amounts exclude SAC, WAC and State Surcharge. Amounts shown will reflect only permit, plan review fee and valuation totals
page 38
1101 Victoria Curve � Mendota Heights, MN 55118
651.452.1850 nhone I 651 a52.8940 fax
„� www.mendota•heigl}ts.cam �
CITY OF
MENDOTA HEI�HTS
DATE: November 17, 2015
TO: Mayor, City Councii and City Administrator
FROM: Kristen Schabacicer, Finance Director � j�,�''"
SUB�CT: Ciaims List Stuiimary
BACKGROUND
Si�nificant Claims
Xcel Energy — Utilities
ICirclu►er Contracting — Bleacher Pads/Netting Removal
Mandfield Oil Company — Fuel
Rupp, Anderson, Squires and Wald — Legal
Structural Wood Corporation — Park Signs
Manual Checks Total
System Checks Total
Total for the Iist of claims for the November 17, 2015 city council meeting
RECOMMENDATION:
Approval of the list of claims for November 17, 2015.
8,277.66
5,100.00
7,965.10
3,874.85
3,261.60
$ 1 &,293.30
$ 72,641.16
$ 90,934.46
CITY OF MENDOTA HEIGHTS
Claims List
MANUALCHECKS
10/30l15 MAN
Account Comments DEPT Descr Amount
Search Name INVER GROVE HEIGHTS FIRE DEPT
E 01-4400-030-30 VOID #79490 Fire -$150.00
E 01-4400-030-30 REPLACES CK #079490 Fire $150.00
Search Name INVER GROVE HEIGHTS FIRE DEPT $0.00
Search Name LARRIVE, JENNY
E 01-4400-020-20
E 01-4400-020-20
Search Name IARRIVE, JENNY
Search Name MINNEAPOLIS, CITY OF
E 01-4400-020-20
E 01-4400-020-20
Search Name MINNEAPOLIS, C1TY OF
Search Name XCEL ENERGY
E 08-4211-000-00
E 01-4211-300-50
E 01-4211-310-50
E 01-4211-310-70
E 01-4211-315-30
E 01-4211-420-50
E 15-4212-400-60
E 15-4211-310-60
E 15-4211-400-60
E 28-4211-000-00
E 01-4212-310-50
E 01-4212-310-70
E 01-4212-315-30
E 01-4212-320-70
E 08-4212-000-00
E 15-4212-310-60
E 01-4211-320-70
Search Name XCEL ENERGY
VOID #79037
REPLACES CK #79037
REPLACES CK #022562
VOID #22562
SEPT 2015 EL. UTILITIES
SEPT 2015 EL. UTILITIES
SEPT 2015 EL. UTILITIES
SEPT 2015 EL. UTILITIES
SEPT 2015 EL. UTILITIES
SEPT 2015 EL. UTILtTIES
SEPT 2015 GAS UTILITIES
SEPT 2015 EL. UTILTfIES
SEPT 2015 EL. UTILITIES
SEPT 2015 EL. UTILITIES
SEPT 2015 GAS UTII_ITIES
SEPT 2015 GAS UTILiRES
SEPT 2015 GAS UTILITIES
SEPT 2015 GAS UTILITIES
SEPT 2015 GAS UTILITIES
SEPT 2015 GAS UTILTRES
SEPT 2015 EL. UTILITIES
Police
Police
Police
Police
Spec Fds
Road & Bridges
Road & Bridges
Parks & Recreation
Fire
Road & Bridges
Utility Enterprise
Utility Enterprise
Utility Enterprise
Spec Fds
Road & Bridges
Parks & Recreation
Fire
Parks & Recreation
Spec Fds
Utility Enterprise
Parks & Recreation
-$50.00
$50.00
$0.00
$650.00
-$650.00
$0.00
$2,191.99
$1,711.60
$252.98
$252.98
$654.60
$221.59
$25.00
$252.99
$1,085.58
$1,091.67
$18.04
$18.04
$84.54
$50.00
$65.53
$18.03
$282.50
$8,277.66
$8,277.66
page ��'� 2�15 8:45 AM
Page 1
CITY OF MENDOTA HEIGHTS
Claims List
MANUALCHECKS
11l10/2015
page ��%12/15 9:46 AM
Page 1
Account Comments DEPT Descr Amount
Search Name B C A- BTS
E 01-4490-030-30 BACKGROUND CHECKS - FIRE DEPT Fire $104.25
Search Name B C A- BTS $104.25
Search Name I C M A REfIREMENT 457
G 01-2072 11/06/2015 PAYROLL
Search Name I C M A REfIREMENT 457
Search Name LAWMAN BADGE COMPANY
E 01-4490-020-20 BADGES - POLICE
Search Name LAWMAN BADGE COMPANY
Search Name NATIONWIDE REi`IREMENT SOLUTION
G 01-2072 11/06/2015 PAYROLL
Search Name NATIONWIDE REiTREMENT SOLUTION
Search Name OSHAUGHNESSY, EILEEN
G 01-2125 REFUND OF ESCROW
Search Name OSHAUGHNESSY, EILEEN
Search Name SELECf ACCOUNT
G 01-2071
E 05-4131-105-15
E 01-4131-070-70
E 01-4131-050-50
E 01-4131-020-20
E 01-4131-110-10
Search Name SELECT ACCOUNT
NOV 2015 HSA CONTRIBUTION
NOV 2015 HSA CONTRIBUTION
NOV 2015 HSA CONTRIBUTION
NOV 2015 HSA CONTRIBUTION
NOV 2015 HSA CONTRIBUTION
NOV 2015 HSA CONTRIBUTION
Search Name UNITED WAY OF ST. PAUL
G 01-2070 11/06/2015 PAYROLL
Search Name UNITED WAY OF ST. PAUL
Search Name US POSTAL SERVICE
G 01-1210 REPIENISH POSTAGE MEfER
Search Name US POSTAL SERVICE
$2,046.81
$2,046.81
Police $220.00
$220.00
$50.00
$50.00
� $751.91
$751.91
Engineering Enterprise
Parks & Recreation
Road & Bridges
Police
Administration
$2,385.32
$438.46
$257.69
$257.69
$1,919.89
$334.62
$5,593.67
$49.00
$49.00
$1,200.00
$1,200.00
$10,015.64
CITY OF MENDOTA HEIGHTS
Claims List
SYSTEM CHECKS
11/17/15 PAY
page �'��12/15 9:50 AM
Page 1
Account Comments DEPT Descr Amount
Search Name AAA CREDIT SCREENING SERVICE
E 01-4490-030-30 PRE-EMP. SCREENING - FIRE DEPT Fire $75.00
Search Name AAA CREDIT SCREENING SERVICE $75.00
Search Name ADVANTAGE SIGNS & GRAPHICS
E Oi-4420-050-50 STREEf SIGNS
E 27-4460-791-00 STREEf SIGNS - VIGTORIA RD SOUTH
Search Name ADVANTAGE SIGNS & GRAPHICS
Road & Bridges
Spec Fds
Search Name ALL CI7Y ELEVATOR, INC.
E 08-4335-000-00 NOV 2015 EIEVATOR CONTRACi" - CITY HAL Spec Fds
Search Name AI.L CIIY ELEVATOR, INC.
Search Name ALLEGRA PRINT & IMAGING
E 01-4300-020-20 BUSINESS CARDS - PD Police
Search Name ALIEGRA PRINT & IMAGING
Search Name ALLSTATE PE�ERBIIT
E 01-4330-490-50 EQUIPMENT REPAIR PARTS - STREEfS
Search Name ALLSTATE PEfERBILT
Search Name AMERICAN FLAGPOLE & FLAG C0.
E 08-4335-000-00 FLAGS - CI7Y HALL
Search Name AMERICAN FLAGPOLE & FLAG C0.
Search Name AMERIPRIDE SERVICES
E 15-4335-310-60
E 01-4335-310-50
E 01-4335-310-70
Search Name AMERIPRIDE SERVICES
Search Name APACHE GROUP
E 08-4335-000-00
E 01-4305-030-30
Search Name APACHE GROUP
MAT SERVICE - PW
MAT SERVICE - PW
MAT SERVICE - PW
B�DG SUPPLIES - CITY HALL
BLDG SUPPLIES - FIRE HA�L
Search Name C. DARLENE OEHLKE, CAP
E 01-4220-110-10 10/20/15 CITY COUNCI� MTG
E 01-4220-110-10 li/03/15 CITY COUNCIL MTG
Search Name C. DARLENE OEHLKE, CAP
Search Name CAMELOT CLEANERS
E 01-4410-020-20 UNIFORMS CLEANING - PD
E 01-4410-020-20 UNIFORMS CIEANING - PD
Search Name CAMELOT CLEANERS
Search Name CpW GOVERNMENT, INC
E 01-4330-440-20 EQUIPMENT REPAIR - PD
Search Name CDW GOVERNMENT, INC
Search Name CEMSTONE PRODUCTS CO
E 08-4335-000-00 BLDG REPAIR MATERIALS - CiTY HALL.
Search Name CEMSTONE PRODUCTS CO
Search Name CENTERLINE CHARTER CORP
Road & Bridges
Spec Fds
Utility Enterprise
Road & Bridges
Parks & Recreation
Spec Fds
Fire
Administration
Administration
Police
Police
Police
Spec Fds
$159.80
$395.60
$555.40
$153.00
$153.00
$67.63
$67.63
$31.44
$31.44
$213.80
$213.80
$22.08
$22.09
$22.08
$66.25
$244.58
$26.91
$271.49
$195.60
$101.60
$297.20
$66.50
$78.92
$145.42
$96.50
$96.50
$373.00
$373.00
CITY OF MENDOTA HEIGHTS page ���2�159:50AM
Page 2
Claims List
SYSTEM CHECKS
11/17/15 PAY
Account Comments DEPT Descr Amount
E 01-4435-200-70 FIELD TRIP TRANSPORTATION Parks & Recreation $400.00
Search Name CENTERLINE CHARTER CORP $400.00
Search Name CENTRA� IRRIGATION SUPPLY
E 01-4330-215-70 IRRIGAITON REPAIR PARTS Parks & Recreation $109.00
Search Name CENTRAL IRRIGATION SUPPL.Y $109.00
Search Name CENTURY COLLEGE
E 01-4400-030-30 TRAINING CLASSES - FIRE DEPT Fire $950.00
Search Name CENTURY COLI.EGE $950.00
Search Name COMCAST
E 45-4210-045-45 NOV 2015 SERVICE - PAR3 Goif Course $196.12
Search Name COMCAST $196.12
Search Name COMMERCIA� ASPHAI.T
E 01-4422-050-50 STREEI' MAINT. MATERIALS Road & Bridges $322.19
Search Name COMMERCIAL ASPHALT $322.19
Search Name DAKOTA COMMUNICAITONS CENTER
E 01-4275-020-20 DEC 2015 DCC FEE Police $17,515.00
E 01-4275-030-30 DEC 2015 DCC FEE Fire $612.00
Search Name DAKOTA COMMUNICATIONS CENTER $18,127.00
Search Name DAKOTA COUNTY RECORDER
E 01-4220-080-80 OCT 2015 FEES Planning $276.00
Search Name DAKOTA COUNTY RECORDER $276.00
Search Name EMERGENCY APPARATUS MTNC
E 01-4330-460-30 EQUIPMENT MAINT.PARTS - FIRE DEPT Fire $124.25
Search Name EMERGENCY APPARAI"US MTNC $124.25
Search Name EMERGENCY RESPONSE SOLUTIONS
E 01-4330-460-30 EQUIPMENT REPAIR - FIRE DEPT Fire $53.80
Search Name EMERGENCY RESPONSE SOLUTIONS $53.80
Search Name FIRE EQUIPMENT SPECIALTIES
E 01-4330-460-30 EQUIPMENT REPAIR PARTS - FIRE DEPT Fire $.119.01
Search Name FIRE EQUIPMENT SPECIALITES $119.01
Search Name FLEE�' SERVICES
E O1-4200-610-20 OCT 2015 SQUAD LEASES Police $4,380.92
Search Name FLE�" SERVICES $4,380.92
Search Name GO�DCOM
E 01-4305-030-30 LOCK BOX SHIPPING - FIRE DEPT Fire $10.41
Search Name GOLDCOM $10.41
Search Name GOPHER STATE ONE CA�L
E 01-4210-040-40 OCT 2015 SERVICE Code Enforcement/Ins $413.55
Search Name GOPHER STATE ONE CA�L $413.55
Search Name GRAINGER
E 08-4335-000-00 BLDG REPAIR SUPPLIES - CITY HALL Spec Fds $33.00
Search Name GRAINGER - $33.00
_
CITY OF MENDOTA HEIGHTS
Claims List
SYSTEM CHECKS
11/17/15 PAY
page ��12/15 9:50 AM
Page 3
Account Comments DEPT Descr Amount
Search Name GRAYBAR ELECTRIC
E 08-4335-000-00 BLDG MAINT. SUPPLIES - CITY HALL Spec Fds $120.06
E 08-4335-000-00 BLDG MAINT. SUPPLIES - CiTY HALL Spec Fds $61.92
Search Name GRAYBAR ELEGTRIC $181.98
Search Name GREAT RIVER GREENING
E 01-4330-215-70 VEGEfATION MGMT - VALLEY PARK Parks & Recreation $1,000.00
Search Name GREAT RIVER GREENING $1,000.00
Search Name HANCO CORPORATION
E 01-4330-490-70 EQUIPMENT REPAIR PARTS - PARKS Parks & Recreation $226.40
Search Name HANCO CORPORAITON $226.40
Search Name HOLIDAY INN
E 01-4400-020-20 TRAVEL EXPENSE - D. URMANN Police $250.00
Search Name HOLIDAY INN $250.00
Search Name HONSA �IGHTiNG SALES
E 08-4335-000-00 B�DG MAINT. SUPPLIES - CITY HA�L Spec Fds $483.00
5earch Name HONSA LIGHTING SALES $483.00
Search Name HOSE INC
E 01-4330-490-50 EQUIPMENT REPAIR PARTS - STREEfS Road & Bridges $47.29
Search Name HOSE INC $47Z9
Search Name INNOVATIVE OFFICE SO�UTIONS
E 01-4300-110-10 OFFICE SUPPLIES - ADMIN Administration $53.04
Search Name INNOVATIVE OFFICE SOLUTIONS $53.04
Search Name INVER GROVE FORD
E 01-4330-490-70 EQUIPMENT REPAIR PARTS - PARKS Parks & Recreation $156.78
Search Name INVER GROVE FORD - $156.78
Search Name IRON MOUNTAIN RECORDS MGMT
E 01-4490-110-10 OCT 2015 SHREDDING Administration $12.00
E 01-4490-020-20 OCT 2015 SHREDDING Police $36.00
Search Name IRON MOUNTAIN RECORDS MGMT $48.00
Search Name J& J CONTRACTING
E 13-4460-000-00 WASTE DISPOSAL @ 1189 BOURN �N Spec Fds $300.00
Search Name J& 7 CONTRACI"ING $300.00
Search Name )ANI-KING OF MINNESOTA, INC.
E 15-4335-310-60 NOV 2015 SERVICE - PW GARAGE Utility Enterprise $66.66
E 01-4331-020-20 NOV 2015 SERVICE - PD Police $780.00
E 01-4335-310-50 NOV 2015 SERVICE - PW GARAGE Road & Bridges $66.67
E 01-4335-315-30 NOV 2015 SERVICE - FIRE HALL Fire $200.00
E 01-4335-310-70 NOV 2015 SERVICE - PW GARAGE Parks & Recreation $66.67
Search Name JANI-KING OF MINNESOTA, INC. $1,180.00
Search Name JRK SEED & TURF SUPPLY
E 01-4330-215-70 FERTILIZER - PARKS Parks & Recreation $2,712.00
Search Name JRK SEED & l'URF SUPPLY $2,712.00
Search Name KAT KEYS
CITY OF MENDOTA HEIGHTS
Claims List
SYSTEM CHECKS
11/17/15 PAY
page ��V12/15 9:50 AM
Page 4
Account Comments DEPT Descr Amount
E 08-4335-000-00 BLDG REPAIRS - C1TY HALL Spec Fds $15.90
Search Name KAT KEYS $15.90
Search Name KIRCHNER CONTRACTING
E 01-4330-215-70 NEfS TAKE-DOWN - BA�L FIELDS
E O1-4330-215-70 INSTALI. PADS AT BALL FIELDS
Search Name KIRCHNER CONTRAGTING
Search Name LAWSON PRODUCI"S, INC
E 01-4305-070-70 OPERATING SUPPLtES - SHOP
E 15-4305-060-60 OPERATING SUPPLIES - SHOP
E 01-4305-070-70 OPERATING SUPP�IES - SNOP
E 15-4305-060-60 OPERATING SUPPLIES - SHOP
E 01-4305-050-50 OPERATING SUPPLIES - SHOP
E 01-4305-050-50 OPERATING SUPPLIES - SHOP
Search Name LAWSON PRODUCTS, INC
Search Name LEAGUE MN CITIES
E 01-4400-109-09
Search Name IEAGUE MN CITIES
Search Name LEITNER CO
E 29-4460-793-00
E 29-4460-793-00
Search Name LEITNER CO
Search Name �EXISNEXIS .
E 01-4223-020-20
Search Name LEXISNEXIS
Search Name LILLiE SUBURBAN NEWS
E O1-4240-050-50
E 01-4240-080-80
E O1-4240-050-50
E 27-4240-791-00
E 01-4240-110-10
Search Name LILLIE SUBURBAN NEWS
SEMINAR - S. KREBSBACH
SOMERSEI' STORM WATER PROJECT
SOMERSEf STORM WATER PR07ECT
OCT 2015 SERVICE
Parks & Recreation
Parks & Recreation
Parks & Recreation
Utility Enterprise
Parks & Recreation
Utility Enterprise
Road & Bridges
Road & Bridges
City Council
Spec Fds
Spec Fds
Police
OCT 2015 PUBLICATIONS - N01"ICE Road & Bridges
OCT 2015 PUBLICATIONS - PLANNING NOTIC Planning
OCT 2015 PUBIICATIONS - ORDINANCES Road & Bridges
NOTICE - VICTORIA RD SOUTN Spec Fds
OCT 2015 PUBLICATIONS - ORDINANCES Administration
Search Name M T I DISTRIBUTING COMPANY
E O1-4330-490-70 EQUIPMENT REPAIR PARTS - PARKS
E 01-4330-490-70 EQUIPMENT REPAIR PARTS - PARKS
Search Name M T I DISTRIBUTING COMPANY
Search Name MANSFIELD OIL COMPANY
G 01-1210 FUEL - DIESEL
G 01-1210 FUEL - GASOLINE
Search Name MANSFIELD OIL COMPANY
Search Name MENARDS
E 01-4330-215-70 HOCKEY RINK SUPPLIES
Search Name MENARDS
Search Name MENDOTA HEIGHTS FIRE RELIEF
Parks & Recreation
Parks & Recreation
Parks & Recreation
$1,100.00
$4,000.00
$5,100.00
$2.44
$116.01
$116.01
$2.43
$2.44
$116.01
$355.34
$40.00
$40.00
$958.83
$965.70
$1,924.53
$50.00
$50.00
$88.20
$45.00
$26.25
$120.00
$41.25
$320.70
$179.52
$254.84
$434.36
$3,916.85
$4,048.25
$7,965.10
$156.57
$156.57
E 01-4490-109-09 BON FIRE SUPPLIES City Council $227.15
Search Name MENDOTA HEIGHTS FIRE RELIEF $227.15
_
CITY OF NIENDOTA HEIGHTS
Claims �ist
SYSTEM CHECKS
11/17/15 PAY
page ��12/15 9:50 AM
Page 5
Account Comments DEPT Descr Amount
Search Name MENDOTA HEIGHTS, CITY OF
E 45-4427-045-45 3RD QTR SEWER CHARGES - PAR3 Golf Course $289.22
Search Name MENDOTA HEIGHTS, CITY OF $289.22
Search Name MINNESOTA MULCH & SOIL
E 80-4460-788-00 VICTORI A RD PROJECT Spec Fds $1,798.00
Search Name MINNESOTA MULCH & SOII. $1,798.00
Search Name MITCHELLI
E 01-4300-070-70
Search Name MITCHELLi
Search Name MN DEPT OF TRSPT
E 27-4460-791-00
Search Name MN DEPT OF TRSPT
NOV 2015 SERVICE
VICTORIA RD SOUTH
Search Name MN MAYORS ASSN
E 01-4490-109-09 MEMBERSHIP - S. KREBSBACH
G 01-1215 MEMBERSHIP - S. KREBSBACH
Search Name MN MAYORS ASSN
Search Narne MN TEAMSTERS LOCAL 320
G 01-2075 NOV 2015 UNION DUES
Search Name MN TEAMSTERS LOCAL 320
Search Name NIITI SANITATION INC
E 45-4280-045-45 RECYCLING - PAR3
Search Name NIT1I SANIf'Al"ION INC
Search Name OFFICE DEPOT
E 01-4300-070-70
E 01-4300-070-70
E 15-4300-060-60
E 01-4300-070-70
E 01-4300-030-30
E 01-4300-050-50
Search Name OFFICE DEPOT
OFFICE SUPPLIES - PARKS
OFFICE SUPPLIES - PARKS
OFFICE SUPPLIES - PW
OFFICE SUPPLIES - PW
OFFICE SUPPLIES - FIRE DEPT
OFFICE SUPPLIES - PW
Search Name OREI�LY AUTO/FIRST CALI
E 08-4335-000-00 EQUIPMENT REPAIR PARTS - CITY HALL
Search Name OREILLY AUTO/FIRST CALL
Search Name OXYGEN SERVICE CO
E 01-4200-610-50 CYLINDER RENT - PW
E 01-4200-610-70 CYLINDER RENT - PW
E 15-4200-610-60 CYLINDER RENT - PW
Search Name OXYGEN SERVICE CO
Search Name PHYSIO CONTRO� (MEDTRONIC)
E 01-4305-030-30 OPERATING SUPPLIES - FIRE DEPT
Search Name PHYSIO CONTROL (MEDTRONIC)
Search Name PIONEER ENGINEERING
E 27-4220-791-00 VICTORIA RD SOUTH PROJECT
Search Name PIONEER ENGINEERING
Parks & Recreation $169.00
$169.00
Spec Fds
City Council
Golf Course
Parks & Recreation
Parks & Recreation
Utility Enterprise
Parks & Recreation
Fire
Road & Bridges
Spec Fds
Road & Bridges
Parks & Recreation
Utility Enterprise.
Fire
Spec Fds '
$71.36
$71.36
$10.00
$20.00
$30.00
$620.00
$620.00
$19.19
$19.19
$28.49
$47.99
$25.30
$25.30
$9.98
$25.30
$162.36
$12.57
$12.57
$29.67
$29.67
$29.66
$89.00
$280.00
$280.00
$1,438.00
$1,438.00
CITY OF MENDOTA HEIGHTS page ��'12/15 9:50 AM
Page 6
Claims �ist
SYSTEM CHECKS
11/17/15 PAY
_ Account Comments DEPT Descr Amount
Search Name R K HUNTER
E 08-4335-000-00 B�DG MAINTENANCE - CITY HALL Spec Fds $2,570.00
Search Name R K HUNTER . $2,570.00
Search Name RUPP, ANDERSON, SQUIRES & WALD
E 01-4481-110-10 AUG-SEP 2015 LEGAL SERVICES Administration $3,874.85
Search Name RUPP, ANDERSON, SQUIRES & WALD $3,874.85
Search Name SAFE KIDS WORIDWIDE
E 01-4400-020-20 RECERTIFICATION - J. LARRIVE Police $50.00
Search Name SAFE KIDS WORLDWIDE $50.00
Search Name SAFE-FAST, INC.
E 01-4305-050-50 SAFEfY SUPPLIES - STREEI"S Road & Bridges $216.24
Search Name SAFE-FAST, INC. $216.24
Search Name SHEL S AUTO ELECTRIC
E 01-4330-460-30 EQUIPMENT REPAIR PARTS - FIRE DEPT Fire $116.00
Search Name SHEL S AUTO ELECTRIC $116.00
Search Name SPRWS
E 08-4425-000-00 HYDRANT WATER USE Spec Fds $111.50
Search Name SPRWS $111.50
Search Name STRUCfURAL WOOD CORPORATION
E 01-4330-215-70 PARK SIGNS MATERIALS Parks & Recreation $3,261.60
Search Name STRUCTURAL WOOD CORPORATION $3,261.60
Search Name TOTAL TOOL
E 01-4330-490-50 EqUIPMENT REPAIR PARTS - STREEI'S Road & Bridges $25.80
Search Name TOTAL T00� $25.80
Search Name TSS AUTOMOTIVE EQUIPMENT
E 01-4330-490-50 EQUIPMENT REPAIR - SHOP Road & Bridges $111.67
E 01-4330-490-70 EQUIPMENT REPAIR - SHOP Parks & Recreation $111.67
E 15-4330-490-60 EqUIPMENT REPAIR - SHOP Utility Enterprise $111.66
Search Name TSS AUTOMOTiVE EQUIPMENT $335.00
Search Name TUFF, SCOTT
G 01-1215 DJ - PRINCESS BALL $275.00
Search Name 7UFF, SCOTf $275.00
Search Name TWIN CTfY TELEPHONE
E 01-4330-440-20 EQUIPMENT INSTALL - PD Police $106.00
Search Name TWIN CITY TELEPHONE " $106.00
Search Name UNIFORMS UNLIMITED
E 01-4410-020-20 UNIFORMS - B. LAMBERT Police $45.92
E O1-4305-024-20 UNIFORMS - J. PARKER Police $316.94
Search Name UNIFORMS UNLIMITED $362.86
Search Name UNIVERSITY OF MINNESOTA
E 01-4400-020-20 TRAINING - 7. LARRIVE Police $95.00
Search Name UNIVERSI?Y OF MINNESOTA $95.00
CITY OF MENDOTA HEIGHTS
Claims List
SYSTEM CHECKS
11/17/15 PAY
page �5�12/15 9:50 AM
Page 7
Account Comments DEPT Descr Acnount
Search Name VERIZON WIRELESS
E 01-4210-114-14
E 15-4210-060-60
E 01-4210-050-50
E 01-4210-020-20
E 01-4210-030-30
E 05-4210-105-15
E 01-4223-020-20
E 01-4210-110-10
E 01-4210-070-70
5earch Name VERIZON WIRELESS
OCr 2015 CELL SERVICE
OCT 2015 CEL� SERVICE
OCT 2015 CELL SERVICE
OCT 2015 CELL SERVICE
OCT 2015 CELL SERVICE
OCT 2015 CEL� SERVICE
OCf" 2015 CELL SERVICE
OCT 2015 CELL SERVICE
OC? 2015 CELL SERVICE
Search Name VIKING INDUSTRIA� CNTR
E 01-4305-050-50 OPERATING SUPPLIES - STREEI"S
E 01-4426-050-50 BONFIRE CLEAN-UP SUPPLIES
E 01-4420-050-50 STREEf SIGN MATERIALS
Search Name VIKING INDUSTRIAL CNTR
Search Name VITO MECHANICAI CONTRACTORS
E 08-4335-000-00 PLUMBING REPAIRS - CTf`( HALL
Search Name VITO MECHANICAL CONTRACTORS
Search Name WALLRAFF ELECI"RIC C0.
E 08-4335-000-00 BIDG REPAIRS - CITY HA�L
Search Name WALLRAFF ELECTRIC C0.
Search Name WASTE MANAGEMENT
E 01-4280-310-70
E 15-4280-310-60
E 08-4280-000-00
E 01-4280-310-50
Search Name WASTE MANAGEMENT
Search Name WILLSON, CHAD
E 01-4400-020-20
Search Name WILLSON, CHAD
Search Name YALE MECHANICAL
E 01-4335-315-30
Search Name YALE MECHANICAL
OCl' 2015 SERVICE - PW GARAGE
OCT 2015 SERVICE - PW GARAGE
OCT 2015 SERVICE - CITY HA�I
OCT 2015 SERVICE - PW GARAGE
TRAVEI. EXPENSE - CN. WIL�SON
BLDG MAINTENANCE - FIRE HALL
Info Tech
Utility Enterprise
Road & Bridges
Police
Fire
Engineering Enterpris
Police
Administration
Parks & Recreation
Road & Bridges
Road & Bridges
Road & Bridges
Spec Fds
Spec Fds
Parks & Recreation
Utility Enterprise
Spec Fds
Road & Bridges
Police
Fire
$156.17
$51.14
$289.09
$879.38
$275.05
$153.42
$245.07
$102.28
$51.14
$2,202.74
$62.88
$104.61
$241.99
$409.48
$668.00
$668.00
$269.50
$269.50
$105.06
$105.06
$195.47
$105.06
$510.65
$98.29
$98.29
$1,014.43
$1,014.43
$72,641.16
2015 Licensing List for C'ity C'ouncil
Type �'ontractor Name
Excavating
Genera/
HVAC'
Masonry
Stocker Excavating, Inc
Dreamscaping, Inc
TL Erickson Enterprises, LLC
Adams Heating
Air Rite Heating & Air Conditioning
M D's Heating & Air Services, LLC
Matrix HVAC
Frandrup Masonry, Inc
Poured Foundations, Inc
page 48
Thursday, November 12, 2015 Page 1 of 1
DATE:
TO:
FROM:
SUBJECT:
CITY OF
MENC�OTA HEIGHTS
BACKGROUND
page 49
ilQl'victora Curve r��endata Re��cnt�. MN 55118
651.452.1850 phone � 651.452.8940 fax
� www.mendota-heights.com ,
November 17, 2015
Mayor, City Council and City Administratar
John R. Mazzitello, PE, PMP, MBA — Public Works Director/City Engineer
Presentation — Alignment Alternative Recommendation for the Mendota-
Lebanon Hills Greenway Pedestrian Crossing of Highway 110
As part of the Mendota-Lebanon Hills Greenway Master Plan, Dakota County has received a
grant from the Metropolitan Council to construct a grade-separated pedestrian crossing
somewhere along Highway 110 between Highway 149 (Dodd Road) and Oak Street in Mendota
Heights. The County has been analyzing alternative crossing locations as well as alternative
crossing structures. If approved, this Dalcota County project would be constructed in 2017 along
with the Minnesota Department of Transportation (MnDOT) project to resurface Highway 110.
City staff has been participating in Project Management Team (PMT) meetings for the past
several months, as Dakota County and MnDOT have been developing various alternatives. The
Dakota County Project Manager, Jacob Rezac, will be presenting the results of the analysis that
has taken place during these meetings, as well as comments received during an open house held
at Henry Sibley High School; and will provide to the Council the alignment alternative County
Staff will be recommending to the County Board on December 1 St
At this time, only a recommendation for the location of the crossing is being recommended;
however, County Staff is interested in opinions about the type of crossing that could take place at
the recommended location. Attached are comparative data sheets outlining the four different
crossing options. Please note that the cost estimates only include basic aesthetic improvements.
Mr. Rezac will have some visual examples of these improvements within his presentation.
Council is being asked to listen to Mr. Rezac's presentation, ask questions, and summarize
comments, concerns, and opinions. Staff will summarize those items in a letter to the County
after the Council Meeting to assist County Staff with their presentation to the County Board.
BUDGETIMPACT
There are no proposed budgetary implications for the City of Mendota Heights at this time.
RECOMMENDATION
Staff recommends that the City Council hear Mr. Rezac's presentation and provide comments.
While no formal action is needed for this item, City staff will be summarizing comments in a
letter to be sent to Dakota County staff prior to their presentation to the County Board.
page 50
16'x10' Box Culvert Underpass
- Estimated Cost (with contingency) _ $1.4M
- Allows for 10' shared-use path
- Subject to MnDOT Clear Zone requirements
o Clear zone = 30' from TH 110
o Meeting clear zone requirements involves:
■ No guardrail
■ Retaining wall on both sides of realigned River to River Greenway
■ Potential turning radius constraints
o Not meeting clear zone requirements involves:
■ Plate Beam guardrail and end treatments
■ Concrete barrier over the box culvert segment
■ Adequate turning radius
■ Retaining wall on south side of realigned River to River Greenway
- Median opening/skylight
o Possible to include
o Requires plate beam guardrail (bullnose design)
o Requires concrete barrier on inside shoulders over box culvert segment
o Requires accommodations to handle drainage
■ Drop structure(s) needed on the east side of crossing
■ Connection to and potential upsizing of existing culvert
o Grading platform for bullnose guardrail may require additional drop structure(s) and
pipe to be relocated further east, invovles additional grading
- Construction staging
o Current MnDOT staging plan
■ Provide 1 lane on WB TH 110 and 1 lane on EB 110
■ One weekend closure
■ No crossovers
o Underpass construction will require
■ Closure of two traffic lanes (min.)
■ Installation of crossovers or closure/detour of TH 110
■ Dakota Co. —100% responsible for cost of either (not included in estimate)
o Estimated closure duration = 2 weeks
- Maintenance
o Generally clear delineation of MnDOT and County maintenance responsibilities
o Structure carries loads from TH 110 traffic (elevated MnDOT liability)
o Does not require inspection by MnDOT Bridge Maintenance
o Longer life span
page 51
Three-sided arch (20'x10')
- Estimated Cost (with contingency) _ $3M
- Allows for 10' bikeway and 6' walking path
- Subject to MnDOT Clear Zone requirements
o Clear zone = 30' from TH 110
o Meeting clear zone requirements involves:
■ No guardrail
■ Retaining wall on both sides of realigned River to River Greenway
■ Potential turning radius constraints
o Not meeting clear zone requirements involves:
■ Plate Beam guardrail and end treatments
■ Concrete barrier over the box culvert segment
■ Adequate turning radius
■ Retaining wall on south side of realigned River to River Greenway
- Median opening/skylight
o Possible to include
o Requires plate beam guardrail (bullnose design)
o Requires concrete barrier on inside shoulders over box culvert segment
o Requires accommodations to handle drainage
■ Drop structure(s) needed on the east side of crossing
■ Connection to and potential upsi2ing of existing culvert
o Grading platform for bullnose guardrail may require additional drop structure(s) and
pipe to be relocated further east, invovles additional grading
- Construction staging
o Current MnDOT staging plan
■ Provide 1 lane on WB TH 110 and 1 lane on EB 110
■ One weekend closure
■ No crossovers
o Underpass construction will require
■ Closure of two traffic lanes (min.)
■ Installation of crossovers or closure/detour of TH 110
■ Dakota Co. —100% responsible for cost of either (not included in estimate)
o Estimated closure duration = 2-3 weeks (due to additional cast-in-place elements)
- Maintenance
o Generally clear delineation of MnDOT and County maintenance responsibilities
o Structure carries loads from TH 110 traffic (elevated MnDOT liability)
o Does not require inspection by MnDOT Bridge Maintenance
o Longer life span
page 52
Twin Bridges
- Estimated Cost (with contingency) _ $1.7M
- Allows for 10' bikeway and 6' walking path
- Guardrail needs
o Plate Beam guardrail and end treatments on outside shoulders
o Concrete barrier on outside shoulders on bridge deck
o Plate beam guardrail (bullnose design) on inside shoulder
o Requires concrete barrier on inside shoulders on bridge deck
- Drainage needs
o Requires accommodations to handle drainage
o Drop structure(s) needed on the east side of crossing
o Connection to and potential upsizing of existing culvert
o Grading platform for bullnose guardrail may require additional drop structure(s) and
pipe to be relocated further east, invovles additional grading
- Construction staging
o Current MnDOT staging plan
■ Provide 1 lane on WB TH 110 and 1 lane on EB 110
■ One weekend closure
■ No crossovers
o Underpass construction will require
■ Closure of two traffic lanes
■ Installation of crossovers
■ Dakota Co. —100% responsible for (not included in estimate)
o Estimated closure duration = 1-2 months
- Maintenance
o Unclear delineation of MnDOT and County maintenance responsibilities
o MnDOT responsible for plowing, agreement to include cost provided by County
o Structure carries TH 110 traffic (highest MnDOT liability)
o Requires inspection by MnDOT Bridge Maintenance
page 53
Overpass
- Estimated Cost (with contingency) _ $1.7M
- Allows for 10' shared use path
- Guardrail needs
o None in median with Pratt Truss design (no median pier)
o None anticipated on outside
- Drainage needs
o Will need to accommodate drainage on north side
o Potential impact to small wetland(s) (if ditch is filled in)
- House Moving Route
o TH 110 currently identified as "Not Approved-Subject to District Review"
o Could require clearance of approximately 23' if
■ No other overhead obstructions are present on corridor
■ No alternate routes are possible
o Additional clearance requirements would compromise ADA
- Construction staging
o Current MnDOT staging plan
■ Provide 1 lane on WB TH 110 and 1 lane on EB 110
■ One weekend closure
■ No crossovers
o Overpass construction fits current staging plan
- Maintenance
o Clear delineation of MnDOT and County maintenance responsibilities
o Structure is not carrying TH 110 traffic (reduced MnDOT liability)
o Requires inspection by MnDOT Bridge Maintenance
o Shortest life span
Mendota-Lebanon Hills Greenway
Hwy 110 Grade-Separated Pedestrian Crossing
Mendota Heights
City Council Meeting
November 17, 2015
Mendota-Lebanon Hills Greenway
Presentation
Presentation Outline
•Project Background
•Alignment Alternatives
•Concept Evaluation
•Project Schedule and Next Steps
Mendota-Lebanon Hills Greenway
Background
Mendota-Lebanon Hills Greenway
Project Location
Mendota-Lebanon Hills Greenway
Hwy 110 Pedestrian Crossing Alternatives Analysis
Concept Options
•Project limits
o River to River Greenway (north)
o Dakota County CDA trail (south, interim connection)
•Alignments
o Option #1 – Western Alignment
o Option #2 – Skewed Alignment
o Option #3 – Eastern Alignment
Mendota-Lebanon Hills Greenway
Alignment Alternatives
Option #1
Mendota-Lebanon Hills Greenway
Alignment Alternatives
Option #2
Mendota-Lebanon Hills Greenway
Alignment Alternatives
Option #3
Mendota-Lebanon Hills Greenway
Evaluation/Comparison
Mendota-Lebanon Hills Greenway
Evaluation/Comparison
Open House Summary
•Held on October 21, 2015 at Henry Sibley HS
•Seventeen comments received
•Slight preference for Option #3 over Option #2
•Equal preference for underpass and overpass
Mendota-Lebanon Hills Greenway
Evaluation/Comparison
Structures
•Structures Available (using Option #3)
o Box culvert
o 3-sided arch (Charlton)
o At -grade bridges
o Overpass
•Structure Considerations
o Hwy 110 – Potential House Moving Route
o Roadside safety considerations for underpasses
o Maintenance
Mendota-Lebanon Hills Greenway
Crossing Structure Examples
Box Culvert
Mendota-Lebanon Hills Greenway
Crossing Structure Examples
3-Sided Arch
Mendota-Lebanon Hills Greenway
Crossing Structure Examples
At -Grade Bridges
Mendota-Lebanon Hills Greenway
Crossing Structure Examples
Overpass
Mendota-Lebanon Hills Greenway
Schedule & Funding
Project Schedule
•Mendota Heights City Council – November 17, 2015
•Request County Board Adopt Alignment and Consider
Structure Selection – December 1, 2015
•Design/Open House #2 – January to September 2016
•Construction with MnDOT Project – Summer 2017
Mendota-Lebanon Hills Greenway
Schedule & Funding
Project Schedule Summary
Spring/Summer
2015
•Project Kickoff
•Concept
Development
•Stakeholder
Meetings
Fall/Winter 2015
•City Council/County
Board Update
•Open House #1
•City Council/County
Board
•Select Preferred
Alternative
2016
•Design
•Open House #2
•Submittal
2017
•Bidding and
Award
•Begin
Construction
Questions
Contact Information:
Jacob Rezac, Dakota County
Phone: 952-891-7981
E-mail: jacob.rezac@co.dakota.mn.us
Mendota-Lebanon Hills Greenway
Hwy 110 Grade-Separated Pedestrian Crossing
page 54
11G1 Vict�orfa Curve , Mendcta I-e�c,�hts MN 5�ll0
651.452.1850 phone I 651452-2940 F7x
� evww.mendota-heights.com _
� � �
� Cirv aF
MEN�O�A H�fGH��
DATE: November 17, 2015
TO: Mayor, City Council, and City Administrator
FROM: Ryan Ruzek, PE, Assistant City Engineer
SUBJECT: Public Hearing for Mendota Road Neighborhood Improvements
BACKGROUND
The preparation of a feasibility report for the Mendota Road Neighborhood Improvements which
is required to follow the Minnesota Statutes Chapter 429 process. That was authorized by the
Mendota Heights City Council by adopting Resolution 2015-32 at the city council meeting held
on May 19, 2015. The Statute 429 process is required because the city council intends to assess
a portion of the project.
The feasibility report for Mendota Road Neighborhood Improvements was accepted by the
Mendota Heights City Council and called for a Public Hearing on November 17, 2015 by
adopting Resolution 2015-65 at the September 1, 2015, city council meeting. The
recommendation of the feasibility report was to proceed with this project.
This project includes reconstructing Mendota Road from Delaware Avenue to Oalc Street and
rehabilitating Warrior Drive, High Ridge Circle and Sibley Court.
Street Reconstruction — Mendota Road (formerly Highway 110 frontage road)
Mendota Road was constructed in 1970. Concrete curb and gutters were installed on a portion of
the street and the roadway widths currently measure 24 feet from edge of pavement to edge of
pavement, and 26 feet from face of curb to edge of pavement in the areas were curb was
installed. The pavement cross-section consists of a 4.5" bituminous surface over a 13" aggregate
base. Sanitary sewer and water main were constructed on this street during the original project
in 1970 and existing storm sewer on a part of the road during the Town Center project.
Proposed improvements for Mendota Road will include the reclamation of the existing
bituminous roadway and the placing of a 3" bituminous base course and a 2" bituminous wear
course over the reclaimed pavement material, new curb and gutter installation, storm sewer
extension and existing curb and gutter and catch basin repair.
Street Rehabilitation — High Ridge Circle, Sibley Court and Warrior Drive page 55
Warrior Drive was constructed in 1970 and High Ridge Circle, Sibley Court were constructed in
1988. Warrior Drive has a pavement cross-section consisting of a 3" bituminous surface over a
6" aggregate base. Concrete curb and gutter was installed on this street and the roadway widths
currently measures 44 feet from face of curb to face of curb. High Ridge Circle and Sibley Court
have a pavement cross-section consisting of a 3.5" bituminous surface over a 6" aggregate base.
Concrete curb and gutter was installed on the streets and the roadway widths currently measure
33 feet from face of curb to face of curb. Storm sewer, sanitary sewer, and water main were also
constructed on these streets in 1970 and 1988.
Proposed improvements for Warrior Drive will include the reclamation of the existing
bituminous roadway and the placing of a 2.5" bituminous base course and a 1.5" bituminous
wear course over the reclaimed pavement material, curb and gutter repair, and catch basin repair.
It will also include construction of a concrete median. High Ridge Circle and Sibley Court will
include the reclamation of the existing bituminous roadway and the placing of a 2.5" bituminous
base course and a 1.5" bituminous wear course over the reclaimed pavement material, curb and
gutter repair, and catch basin repair.
Trail Improvements
Proposed improvements to the existing Brookside Lane to Laura Court trail include overlaying
the existing bituminous surface with 2" bituminous pavement. (Appendix E)
Pedestrian curb ramps will be constructed at the each end of the trail, as well as on every
crosswalk location on Mendota Road trail with truncated dome detectible warning systems in
compliance with the Americans with Disabilities Act (ADA).
Preventative Maintenance- Fog Seal Coating of the bike trail between the Dodd Road and
Delaware Avenue
Proposed improvements for the bike trail between Dodd Road and Delaware Avenue will include
a fog seal. Fog seals are used to delay weathering of the pavement, waterproof the pavement
surface, and improve the pavement's ability to keep water from penetrating the base course or
subgrade, and reduce raveling.
Preventative Maintenance - Seal Coating of the Bunker Hills Neighborhood Streets and the
Town Center approaches
Proposed maintenance treatment for Arvin Drive, Freeway Road, Hilltop Court, Hilltop Road,
Knob Road, Linden Street, Market Street, Maple Street, North Freeway Road, Ridge Place,
South Freeway Road, South Lane, Valley Curve, Valley Curve Alley, Wachtler Avenue, and
Willow Lane will include the chip seal coating which will consider distributing bituminous oil,
or liquid asphalt, on the street surface, application of an aggregate cover, and using the
pneumatic roller to reorient or seat the aggregate particles and tighten the rock matrix. After the
asphalt cures, the eXcess aggregate is removed by sweeping so the seal coat provides the street
with a new water proof surface and uniform look.
Issues page 56
A Neighborhood Informational Meeting was held on September 28, 2015 to provide the property
owners an opportunity to discuss the projects in an informal setting priar to the Public Hearing.
Staffpresented the proposed improvements, project costs, estimated assessments and answered
resident's questions.
The property owners aslced a variety of questions regarding assessments, proposed street widths,
construction issues, traffic issues, and street drainage issues at the Neighborhood Informational
Meeting.
The purpose of the Public Hearing is to determine if plans and specifications should be ordered.
Details of the project and proposed financing will be presented to the public at the hearing.
BUDGETIMPACT
The total estimated cost of the project is $1,862,165.00.
PROJECT COSTS
ITEM CONSTRUCTION INDIRECT� TOTAL
STREET RECONSTRUCTION $664,133.46 $166,033.37 $830,166.83
STREET REHABILITATION $583,259.52 $145,814.88 $729,074.40
CURB & GUTTER $46,593.00 $11,648.25 $58,241.25
TRAIL $46,476.00 $11,619.00 $58,095.00
STORM SEWER $149,270.00 $37,317.50 $186,587.50
Totals $1,489,731.98 $372,433.00 $1,862,164.98
� Includes 25% indirect costs for legal, engineering, administration, and finance.
The Mendota Road Neighborhood Improvements are proposed to be financed by special
assessments, municipal bonds, MSA, and utility funds. Funding sources and amounts are shown
below:
FUNDING SOURCES
MUNICIPAL MSA UTILITY
ITEM COST ESTIMATE ASSESSMENT BONDS FUNDS FUNDS
STREET RECONSTRUCTION $830,167 $175,218 $204,949 $450,000
STREET REHABILITATION $729,074 $197,500 $531,574
CURB & GUTTER $58,241 $58,241
TRAIL $58,095 $58,095
STORM SEWER $186,588 $186,588
Totals $1,862,165 $372,718 $852,859 $450,000 $186,588
Street improvement projects are proposed to be assessed to the benefiting property owners.
Pursuant to the City's Street Rehabilitation and Reconstruction Policy adopted by the city
council on June 16, 1992, the Mendota Road Neighborhood Improvements are proposed to be
assessed to the benefiting property owners as follows:
• All units with a driveway located on Mendota Road will be assessed as a street
reconstruction per the Street Rehabilitation and Reconstruction Policy.
• All units with a driveway located on Warrior Drive, High Ridge Circle, and Sibley Court
will be assessed as a street rehabilitation with pavement replacement per the Street
Rehabilitation and Reconstruction Policy.
o City costs include curb and gutter replacement, sod restoration, and appurtenant
work.
page 57
The following tables show the estimated unit assessments based on the City policy and proposed
unit assessments that are being recommended by staff.
ASSESSMENT CALCULATIONS - STREET RECONSTRUCTION — MENDOTA ROAD
Assessable Costs $830,166.83
Assessment $415,083.41
Assessable Units 26
50%
Estimated Unit Assessment per City Policy $15,964.74 $415,083.24 50%
Proposed Unit Assessment* $7,593.00 $175,218.00 21 %
* Units that were assessed $3700 for the Town Center project will have their assessment lowered by that amount.
ASSESSMENT CALCULATIONS - STREET REHABILITATION — WARRIOR DRIVE
Assessable Costs $729,074.40
Assessment $364,537.20
Assessable Units 50
Estimated Unit Assessment per City Policy $7,290.74
Proposed Unit Assessment
$3,950.00
50%
$364,537.00 50%
$197,500.00 27%
The estimated unit assessments for the street rehabilitation are higher than the rates that staff
anticipates for future reconstruction and rehabilitation projects with pavement reclamation due to
the anticipated sub-grade correction. Staff proposes to assess the benefiting properties
$7,593/unit in the reconstruction area of the project, $3,893/unit in the reconstruction area of the
project for the properties that were assessed $3700 during Town Center project and $3,950/unit
in the rehabilitation project area in order to bring the rate closer to anticipated costs.
RECOMMENDATION
Staff recommends that the council conduct the Public Hearing and order the improvements,
autharizing staff to prepare the plans and specifications far the reconstruction of Mendota Road
and the rehabilitation of Warrior Drive, High Ridge Circle and Sibley Court
Conduct the public hearing, and then if city council wishes to implement the staff
recommendation, pass a motion adopting RESOLUTION 2015-89 ORDERING OF
IMPROVEMENT PROJECT AND PREPARATION OF PLANS AND
SPECIFICATIONS FOR THE MENDOTA ROAD NEIGHBORHOOD
IMPROVEMENTS (PROJECT #201507). This action requires a simple majority vote.
page 58
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2015-89
A RESOLUTION ORDERING OF IMPROVEMENT PROJECT AND PREPARATION OF
PLANS AND SPECIFICATIONS FOR THE MENDOTA ROAD NEIGHBORHOOD
IMPROVEMENTS (PROJECT #201308)
WHEREAS, the city council adopted Resolution 2015-32 on September 11, 2015 setting the date
for a public hearing on the proposed improvements to High Ridge Circle, Sibley Court, Warrior Drive and
Mendota Road (previously Hwy 110 Frontage Road) from Delaware Avenue to Oak Street in Mendota
Heights; and
WHEREAS, ten (10) days mailed notice and two weeks published notice of the hearing were
given and the hearing was held on the 17th day of November, 2015, at which all persons desiring to be
heard were given an opportunity to be heard thereon on the question of the proposed construction of the
following described improvements:
Street reconstruction improvements consisting of, but not limited to, bituminous milling or
removal, bituminous reclamation grading, water main replacement, storm sewer, aggregate base,
concrete curb and gutter, bituminous surfacing and appurtenant work to the existing rural street
section for Mendota Road.
Street rehabilitation improvements consisting of, but not limited to, bituminous milling or
removal, bituminous reclamation, catch basin repair, concrete curb and gutter repair, bituminous
surfacing and appurtenant work to the existing urban street section for High Ridge Circle, Sibley
Court and Warrior Drive.
WHEREAS, the proposed assessable area for said improvements is situated within the City of
Mendota Heights in Dakota County, Minnesota and includes those parcels that currently have driveway
access on the project.
NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council as follows:
1. Such improvements are necessary, cost-effective and feasible as detailed in the feasibility
report.
2. That the city engineer be and is hereby authorized and directed to prepare plans and
specifications for said improvement.
Adopted by the City Council of the City of Mendota Heights this seventeenth day of November, 2015.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Sandra Krebsbach, Mayor
ATTEST
Lorri Smith, City Clerk
page 59
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651.452185�� E�hone � �51A52894�0 lax,
` www.mendota heights.com _
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� CITY OF
M�N��TA H�I�HT�
DATE: November 17, 2015
TO: Mayor and City Council
FROM: Mark McNeill, City Administratar
SUBJECT: Presentation by Brian Birch
COMMENT:
INTRODUCTION
At the November 17th City Council meeting, Mr. Brian Birch will make a presentation regarding
the Village at Mendota Heights/Mendota Heights Town Center.
BACKGROUND
Under the "Public Comments" section of the October 6th City Council meeting, Mendota Heights
resident Brian Birch appeared before the Council, asking that the City Council turn back a
currently undeveloped lot or lots in the Village at Mendota Heights to him to develop as twin
homes. The City Council took no action that night, and directed Mr. Birch to be in contact with
City staff and the City Attorney.
Staff and the City Attorney did meet with Mr. Birch on October 13th, but no resolution of his
request was reached. Mr. Birch has subsequently provided the attached information regarding
the acquisition of 5.43 acres of his property for a portion of the Village at Mendota Heights (the
residential portion of the overall development) project, approximately fourteen years ago. It
outlines some history of the project and associated information from his perspective, and his
involvement with the City.
Settlement Agreement: I have attached the Stipulation of Settlement and Award in
Condemnation for three parcels of land, dated September 30, 2003, in which the City was
ordered to pay Brian L. and Joyce L. Birch $1,315,000.
In that award, both parties agreed that the condemnation proceeding was settled, and that the
payment was:
"... Compensation in full under Minn. Stat. Chapter 117 for any and all of his rights in
and to the Property including, without limitation and by way of example only, any and all
page 60
claims related to the law of eminent domain, claims for the land, claims for severance
damages, claims for any consequential damages and claims for interest, appraisal fees
and any other expenses associated with this condemnation that may be recoverable unde�
Minnesota law. " (Paragraph 3)
The agreement further stated that he was not entitled to any further payments from the City in
connection with the Property or that condemnation action (paragraph 4).
Mr. Birch has requested time to make a formal presentation to the City Council to state his case
as to why additional consideration is warranted.
ACTION REQUIRED
The Council should hear the presentation by Mr. Birch, and give direction, as appropriate, for
any follow-up.
Mark McNeill
City Administrator
. �', I,� �,•
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City of Mendota Heights,
Petitioner,
vs.
Annex Cleaners; Brian L. Birch; Joyce L.
Birch; City of Mendota Heights; County of
Dakota; Diversified Business Credit, Inc., a
Minnesota corporation; Del H. Einess;
Maylou Einess; Alma Fischer; Thomas M.
Johnson; K& P Co., Inc., a Minnesota
corporation; LaSalle National Bank;
Mendota Heights Athletic Association;
Mobil Pipe Line Company, a Delaware
corporation; Edward C. Mortensen;
Marguerite Mortensen; Polka Dot Dairy,
Inc., a Minnesota corporation; Inga F.
Solland; Sigurd Solland; State of
Minnesota; Tom Thumb Food Markets,
Inc., a Minnesota corporation; Twin Cities
Stores, Inc., a Delaware corporation;
Village of Mendota Heights, n/k/a City of
Mendota Heights,
Respondents.
page 61
;l , � '
;�. � . ,� .
Case Type: Condemnation
Court File No. CO-01-10258
STIl'iTLA'I'ION OI+' SETTY�ElVi�NT
AND AWARI3 IN CONDEMNATION
AS TO 1'ARCEI.S lA, 2 and 2A
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i �� � � r �� r ���
The City of Mendota Heights ("City") and Brian L. Birch and Joyce L. Birch
(collectively, "Birch"), by and through their respective attorneys, hereby stipulate and agree
as follows:
page 62
1. The City filed its Petition for Condemnation and Motion for Transfer of Title
and Possession under Minnesota Statutes Section 117.042 to acquixe certain properiy in
Mendota Heights, Minnesota, including Parcels lA, 2 and 2A as more fully described in
Exhibit A hereto ("Property").
2. Birch is the fee owner of the Property.
3. Birch was duly served with a copy of the Petition for Condemnation and
Motion for Transfer of Title and Possession on or about October 22, 2001 and has been
served with all relevant pleadings in connection with this matter.
4. On February 8, 2002, consistent with the Court's Amended Order Granting
Petition For Condemnation, Appointing Commissioners, And Transferring Title And
Possession, the Petitioner deposited with the Dakota County District Court Administrator its
approved appraisals of value for the Property in the amount of $900,000 (the "Quick-Take
Deposit").
:
5. The entire Quick-Take Deposit of $900,000 has been paid by the Court to
6. The City and Birch desire to compromise and settle all issues between them
regarding the Property and this condemnation action.
NOW, THEREFORE, the parties hereto hereby agree as follows:
1. This condemnation proceeding as to Parcels lA, 2 and 2A and as between the
City and Birch is hereby settled.
2. The City shall make an additional payment to Birch in the amount of $315,000.
3. Birch hereby acknowledges and agrees that the $900,000 Quick-Take Deposit,
which he has already received, and the additional payment of $315,000 to be made as part of this
-2-
page 63
Stipulation is compensation in full under Minn. Stat. Chapter 117 for any and all of his rights in
and to the Property including, without limitation and by way of example only, any and all claims
related to the law of eminent domain, claims for the land, claims for severance damages, claims
for any consequential damages and claims for interest, appraisal fees and any other expenses
associated with this condemnation that may be recoverable under Minnesota law.
4. Birch hereby further acknowledges and agrees that, except as set forth above,
Birch is not entitled to any further payments from the City in connection with the Property or this
condemnation action.
5. The Commission appointed by the Court in this proceeding shall make its Award
in accordance with this Stipulation (and in the form attached herewith as Exhibit B) and the
Properiy will have been acquired through condemnation.
6. Each party agrees not to appeal the Award herein and lrnowingly waives the right
to further hearings or appeal.
7. This Stipulation as to the Property shall be binding upon the parties hereto, their
successors and assigns, affiliates and subsidiaries and any person or entity related to or which
otherwise claims any right or interest in the Properiy from Birch.
Dated: September �O , 2003 i�l���.`.�-.- � i a�G...
Brian L. Birch
.
Dated: September 3 �, 2003 • ,��-�--�
Joyc `. irch
�
Dated: September 3C�, 2003 CITY OF MENDOTA HEIGHTS
', .,
By: ----�� -u .—...._
Cari Lindberg �
City Manager
M2:20572226.01
�
page 64
Mendota Heights Long Term City Discrimination Histor�age 65
November 10, 2015
Brian L. Birch, 755 Willow Lane, 651-452-6015, bbirch7Cq.com
Request for turnback of my remaining property that has gone unsued by the City, since 2002
Background - 5 years of City abuse and discrimination
Whereas in 1967, I purchased my home site property.
1. Whereas in 1967, the City Building Inspector, Dick Bjorkland denied my right to build, saying the prop-
erty was un-buildable. Dick said that the property was too low to build a building upon it. That was untrue,
deliberately. [ was needlessly harrassed by Bjorkland
2. Whereas in 1967, the City Building Inspector, Dick Bjorkland denied my right to build, saying I person-
ally was not allowed to build my home myself. That was untrue. 1 appealed to the State of Minnesota and
they intervened and demanded that the City abide by the laws of MN.
Whereas in 1968, I learned that the City Building Inspector, Dick B jorkland, had lived adjacent next door
east of my property and was denied buying my property for himself by the seller who had sold the property
to me.
Commercial site information-the next 29 years of City abuse and discrimination
Whereas in January 16, 1973, 1 purchased for myself a good portion of the present Town Center prop-
erty. [t was properly zoned B-2 for my purposes. That purchase consisted of two parcels, a one acre westerly
portion, and the Lis Pendens Rights portion of the then northerly proposed Highway 149, Dodd Road/ Hwy
1 10 interchange.
[ had a dream to locate my company's business building there. I designed the building so it could serve my
business needs and the community's youth. I was denied my permit because the city inspector would not
approve of my plan for what I believed were his own personal reasons.
3. Whereas on May 15, 1975, I confronted MN Dot about the mining and removal of my dirt for City and
State purposes that year and the next. In part it involved rebuilding Hwy 13 through MH. I had to take force-
ful action to stop it. I finally had to pull my car right behind MN Dot's front end loader and pin the loader
against the hill so it could not move. In less than 15 minutes the a�ithorities from the state arrived and pulled
all their equipment off my property. [ also asserted my Lis Pendens Rights to the intersection. The City never
offered to make it right with me, nor apologized for it.
Whereas on May 15, 1975, MN Dot disclosed that Hwy 149 was not likely to ever be built. I attempted
to have MN Dot release my land that they had held for many years. When that was about to happen, the
city immediately said they wanted my land. So MN Dot held it for the city's desire for a highway overpass.
4. Whereas in December, 1977, I applied for the right to build my B-2 heating and air conditioning com-
pany on my new property and was denied my legal right by the City Council and the City Building Inspec-
tor, Dick Bjorkland.
The City arbitrarily turned down my right to build by saying I could not have more that 3 service persons
employed, 6 persons total people, which was not applied to any other business within the B-2 zoning areas
in the City. That financially ended that attempt to build.
The Building Inspector said that a 6" diameter drain pipe would not drain a 5000 sq ft area, even though
their own building of greater sq ft had Dick's approved 6" diameter drain. This prejudicial pattern was now
evident.
ilding
3enior
page 66
5. Whereas in December, 1979, I applied and was denied my riQht to build my company building, again.
ndoor
t there 6. Whereas in June, 1983, the City proposed relocating Hwy 149 thru Friendly Hills, easterly of the south
side shopping center, overpassing Hwy 1 10, and thru the middle of the present Town Center north. That was
the most hotly contested City Council meeting I ever attended.
ed my
Whereas in June, 1983, I submitted my diamond interchange at the present Dodd/ I l0 intersection. MN
ked to Dot then rejected the City's plans, causing the City Council to reject any more of my proposals at any cost.
Had I not done my homework, the City would have destroyed Mendota Heights public image.
7. Whereas in April 10, 1984, I reapplied to build my company's building. It was again rejected as not a B-2
business.
which g whereas in April 1988 1 and a partner applied for the ribht to build an auto service center and car wash.
m° p That was met with severe City council opposition. Mayor Mertensoto concluded that "our city is too high
class of a city to allow this into our B-2 zoning. Besides, it is not an allowed business in a Mendota Heights
the B-2 zoning. To date, how much income has been denied me over these many years.
ight to W�thin months, the City allowed Super America and it's car wash to be build kitty corner to our City hall.
cquire The City's argument stated that this would be a benefit to the City and it's vehicles. This was also "properly
zoned B-2." I saw no reason to reapply for another one a mile away.
nb de- 9. Whereas in 1989, we wished to develop my land, again. We wanted to build a drive thru shopping center.
in the That idea was denied. This was very discriminatory and discouraging.
injus-
Whereas in December 1989, I gave up my original building site to the Vet Clinic for their expansion
plans.
s.375 10. Whereas I also had to bring ro the citizen's attention that the City was using their adjacent land to mine
as a"City Dump." They stopped within two months time. That did not help my popularity with the City.
11. Whereas in March, 1990, I proposed my Senior Center. That plan was rejected by the City as not ap-
propriate and not desirable.
Whereas in April, 1990, I subdivided my land to facilitate the expansion of the Vet Clinic. I had an exca-
vator come to my property to create my building pad. That is the very site that [ am desiring to have turned
back to me. That information is verified by the City's Sunde Engineering Inc dwg. for the MH Town Center.
12. Whereas in August 1991, I fought the City on their newest highway realignment plan, again. I pointed
out 30 of its shortcomings. Their plan came after I had requested that MN Dot turnback my Lis Pendens
Right's property.
Whereas in April, 2002, I bid out the land reclamation for my proposed Senior Center.
13. Whereas in 1992-1994, the City continually pushed very hard for years for a new hi�hway overpass
because of my constant push for my property to be turned back to me. MN Dot entertained the City Council
and witheld action that would favor my request for turnback. Mayor Mertensotto denied knowing what Lis
Pendens Rights were, I continually had to fight MN Dot and the City to release my land back to me.
14. Whereas as soon as I purchased my land rights back fram MN Dot, I reproposed my Senior Center
building I had discussed with them earlier. The City quickly assembled themselves against me. They said a
Senior Center was not in the City's best interest.
Whereas on September 9, 1999, the City notified me that my assessed evaluation was listed in their
"Acquisition Costs for Town Center Development" memo.
15. Whereas on September 29, 1999, the Sun Current newspaper stated that the City had been working on
its Town Center plan since December 1988. Ross Fefercorn was said to be the Edina-based planning cons�i]-
tant. He then became the only developer allowed to build the Town Center. No other developer was allowed
pa e 67
to be involved. This was a definite conflict of interest and a closed process that denied pub�ic competition.
And that the acquisition of property had to be completed in 90 days from the first public notification. Private
council meetings were not open to the public.
Whereas February 23, 2000, after many confrontations with MN Dot protecting my Lis Pendens Ri�hts,
MN Dot notified me that they had decided to pursue the reconveyance to me. I paid MN Dot an earnest
check for my land it held since I959, 42 years ago.
Whereas October 26, 2000, after much legal negotiations, I paid for and received the Quit Claim Deed
due me.
16. Whereas December 3, 2000 to February 20, 2001, prior to this date, the City stopped all rights to de-
velop my property. During this time noted above, [ restated my plan to develop my Senior Center. The op-
portunity was denied me, again, but was included in the Town Center plan. The City took my plan that was
denied me and used it for their illegal and unmerited benefit. They called their manuever a"Moritorium."
Whereas February 20, 2001, I took this time to tell the City Council about my displeasures with their
upcoming taking proceedings.
Whereas April 4, 2001, citizens complained about the actions taken by the Council regarding the TC.
Whereas July 18, 2001, the newspaper revealed that there was a big riff between the Council and the
Mayor over the way the TC was proceeding. Ross Fefercorn was negotiating with the City to be the TC
master developer.
Whereas December 18, 2001, 1 received my estimate from Wold AE to build my senior center.
17. Whereas November 13, 2001, The City offered to settle with me over a very botched job at my home
when they reconstructed the street, causing me to scrape the bottom of my car on their concrete and for cor-
recting the improper road design and drainage onto my fronC property.
18. Whereas January 25, 2002, I was defeated by the laws of eminent domain by which the City enforced
me to sell at whatever the court would judge against me and call it fair. It was not fair. Fefercorn is now the
developer. 1 had asked to be one of the developers but was denied.
It has now been 30 years that the City has denied my right to develop my property.
More abuse
19. Whereas the City denied my right to build my Senior Center, and then the city took my idea and located
their Senior Center right on my very property in the Town Center project, 37% to express it precisely. The
City Council had the audacity to locate two more adjacent to and near the south shopping center. That is 3
when I was denied one.
20. Whereas the City showed their true colors when they unwrapped the new Town Center at its dedication.
Hoenstein and myself owned the two largest parcels of land now included in the new Town Center. The
City's colors showed up when the one street was named in honor of the Hoenstiens, "Karl Hoenstein Place."
That very street is totally encompassed within my property the City chose to take from me by force. Then,
how noticeable it is to see that their new road "Maple Street" fully runs along, and only along, the full length
of my "Birch Addition" parcel. Wood-n't you know it? I have to believe that there had to have been some
forethought behind their deliberate action.
-----------------
It has now been 48 years of constant injustice that I have experienced from the Mendota Heights City gov-
ernments. No less than 20 injustices are listed above. The benefits of my protective actions over the years to
the City cannot be counted in dollars. Had I not taken all the defensive actions and bore the criticisms from
people, the Village Town Center would be an obnoxious highway overpass and the south area very poorly
developed, and unsuccessful south shopping area right now.
page 68
Mendota Heights City Council and Planning Commission
November 10, 2015
From Brian L. Birch, 755 Willow Lane, 651-452-6015, bbirch7@q.com
Proposal to acquire the vacant parcel adjacent to and east of the vet's building in the Town Center
19a/ o Y��[..
[ received permission to appear before the City Council next week, on November 17th, to make,�formal
request for turnback of my unused original site that I owned that lays within the existing north Town Center.
[ aquired that site in 1973, prior to the City taking it by eminent domain in January, 2002. It has now been
14 years since the taking was implemented and my site remains vacant, today. Due to the failed original
development that the law provided the City to rely on to exercise its eminent domain power, 1 request and
say that it is actually past time that my remaining property be turned back to me per the limiting intent of
state and national eminent domain laws.
Six months have passed since I first requested a turnback last May. Any further deliberate delay is not ac-
ceptable any longer. [ consider that any delay would be discriminatory and unjust.
Thank you. Brian L. Birch
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City document proof of site development by R.F.
He failed to develop the west townhomes.
SITE MAP °"�°r� `°v"r e�_ '
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September 19, 2015
To:
City of Mendota Heights
From:
Brian L. Birch
755 Willow Lane
Mendota Heights, MN 55 1 1 8-4335
651-452-6015
bbirch7@q.com
page 69
Request for turnback of all the vacant undeveloped triangular piece of land south of Maple Street in the Town Center
Request to co-develop all the vacant undeveloped land north of Maple Street in the Town Center
Request to appear in person to explain my proposal at the next City Council meeting
I am attaching the following to the letter I submitted to Mark on Monday, September 14, 2014:
Issue of First Impression is a legal case in which there is no binding authority on the matter presented. My matter
encompasses the actions of the City when it took illegal action against me to obtain all of my land and my Lis
Pendens land in a covert action, prior to its legal right to condemn all of my property back in 2000 by eminent
domain. The City prejudicially thwarted all my previous efforts to utilize my property for all, or nearly all, of 28
years prior to the legal eminent domain action by the City. It is now 42 years.
1 will prove that the City illegally denied me use of my original, properly zoned, B-2 property. And that the very
building site pad constructed by myself remains vacant and available today for my long standing desire to use my
original land for legal purposes, as the present PUD is designed to allow. Number of units is not an issue.
And that it is now I�J.years since the "taking", and that part of my very site remains to be developed. 1 desire to
inverse act (turnback) in order to obtain any and all of my original undeveloped land remaining, namely the va-
cant triangular piece.
And that my developer and myself also desire to cause any and all undeveloped land remaining north of Maple
Street to be developed as the "purchaser and developer" of that land per the "intent" of the previously approved
PUD drawings.
I also understand that the hook of my inverse action claim may very likely mean that 1 may be awarded attor-
ney's fees for the past and present action of the City, plus damages, if I must take this to court.
My purpose to appear before the Council is to come to a conclusion that is fair and just.
Brian L. Birch
PAGE 1 JANUARY, 2002 ISSUE 56
City Will Own 100% of Town Center Land
in February
Acquisition ofi the 23-acre development site is almost complete. In
July, the City acquired the 6.42 acre Lorraine Hohenstein parcel,
]ocated at 1898 Dodd Road. We are pleased to report that we have
also negotiated purchase agreements for two of the sites prior to
commencement of a condemnation action. [n December, the City
acquired the 0.48 acre Oasis Market parcel, and signed a purchase
agreement for the Tom Thumb property as well. The City will close
on the Tom Thumb parcel in February.
The City is continuing the conclemnation action on the remaining
remnant parcels along Highway 110, as well as the vacant parcel
owned by Brian Birch. The City will have title to these remaining
properties in February.
1'he City hired Relocation Specialists Evergreen Land Services to
'-,'o relocate the two remaining businesses on the site: Annex
.iners and the Mendota Heights Athletic Association. The Annex
Cleaners, formerly located at 1946 Dodd Road is relocating to the
Diamond Jim's Shopping Center in Lilydale and will be open in
February. Mendota Heights Athletic Association is continuing to
look for an office site.
There are two developers involved with the Tow�n Center praject:
RMF Entities and the Dakota County Community Development
Agency. In October, the City Council passed a resolution desi�nating
RMF Entities as the Master Developer for the Town Center project.
Ross Feffercorn, of RMF Entities, has been working with the City
since the first discussions of the Town Center project began in 1999.
The role of the Master Developer is key to the success of this devel-
opment. This individual will be responsible for tinalizing the plan-
ning applications for the entire site, including subdivision, wetlands
permits, final PUD approvals and the coordination and supervision
of all aspects of the commercial and residentia] development. This
individual will also ensure that detailed design and development con-
cepts laid out by the City Council are followed. The Master
Developer will both develop components of the project and ensure
the compatibility of the portions of the project to be developed by
others.
The second developer is the Dakota County Community
Development Agency (CDA). The City and Dakota County CDA
recently signed a development agreement formalizing their commit-
ment to construct a sixty unit affordable senior facility in the pro,ject,
ilar in size and design to their existing building on South Plaza
��ve. The CDA plans to begin construction of the facility in the
fall.
The forma] planning application process is also moving along. In
August, the City Council rezoned the Town Center project area to
Mixed Use Planned Unit Development, which will allow for a
unique blend of housing, business and retail development with a"vil-
lage-like" character. The Preliminary Concept Plan was reviewed by
the Planning Commission in November and the City Council in
January. The Preliminary Deve7opment Plan for the project wil] be
before the Planning Commission for its March meeting, and then on
to the City Council at its first meeting in April. The Final
Development Plans of the project wili be submitted by the develop-
er, Ross Feffercorn. Mr. Feffercorn will bring the final phases of the
project forward in separate phases (residential, commercial, etc.) The
City anticipates the iinal applications coming to the Planning
Commission in early summer.
We are hopeful that the groundbreaking for the project will be this
spring, followed by construction of the public infrastructure (roads,
utilities, ponding and civic elements) and the Dakota County senior
housing facility.
REVIEW BOARD MEETING
SCHEDULED
At 7:00 p.m. on Tuesday, Apri] 2, the City Council will convene its
annual Review Board meeting. At this meeting, the Dakota County
Assessor will review community valuation information and answer
general questions regarding property valuations for real estate taxes
payable in 2002. Following the approximate half-hour presentation,
representatives from the Assessor's Office will meet with individual
property owners who have questions or concerns about their valua-
tions.
"Notices of Assessment for the Year 2002" were mailed to all
property owners by the Assessor's Office in January. If you feel that
the market value for taxation shown on the notice exceeds the actu-
al value of your property, you can appeal the valuation. To do so, you
must either send a letter to the City Council, at City Hall, before
Apri] 2 or you must attend the Review Board or an informal open
book meeting. The dates and locations of the open book meeting are
listed on your "Notice of Assessment."
The Review Board meeting will be held in the City Council
Chambers at City Hall, 1 101 Victoria Curve.
�
page 71 `>�, /D Z 2
�
75S Willow Lane
l�'Iendota Heibhts, MN SSl 18-4335
651-452-6015
October 22, 2001
Administrator and City Council
City of Mendota Hzights
1101 Victoria Curve
Mendota Heiahts, MN 55118
b51-452-1850
Administrator and City Council:
On October 16, 2001, you asked me to submit a letter to City Hall concerning my residential prop-
erty damage at my hflme at 755 Willow Lane, for actiol� by the Council Meetina on 'Tuesday, flcto-
ber 30.
I have three unresolved issues which are:
l. Landscape darnage caused by debris that was washed off from the reconstniction of the road
rebuild projeci. Ii resiilted when the City did n�t respond to my phane call after I re}�orted the
pending wash out problem. Mark Mogan came over to view the damage after the fact and acknowl-
edged that he had not responded as he said he would. He said that the City would accept responsibil-
ity, but tliat has yet to happen. The t�tal compensation due is per Southview Design I,andscape
Co�itractors' quote of 9l25/2001. It is $5666.00.
2. Driveway replacement caused by City engineering failure to reconstruct Willow Lane to meet my
preexisting driveway elevatiflns. That resulted in a severe drop off into my property that caused
many cars to bottom out when attemptin� to enter my driveway.
I worked with the City engineering to resolve the problem. Their proposal was as bad as the rebuilt
drop off conditian and was very unsatisfactory, costing more than what I finally had to have con-
structed. T�e work I coritracted out is figured groportionally to �he overall project comple�ed. The
City portion is $6,917.
page 72
3. Creek bank erosion is progressing at a very severe rate. It is due to the City water shed, caused
from many changes that I have no control over. I have as�:ed Sotithview Design to submit their own
�_ bid to the City to correct my ongoing property. I was stopped by City engineering and told that it
was the City's responsibility. Mark and C�ri said weeks �go that they would take care of the
problem and let me know their actions. That has not happened, and over a foot of my property has
eroded away since that meeting. I have lost up to ten feet in places. I am close to losing two trees
and my foot bridge end cap at any time. The �arge co�Ctonwood could crus� my expensive satellite
system and coutd fall into my living room. That tree is leaning, becoming top heavy, and must be
cut down now.
[ am asking for a written report that will address what will take piace to correct this erosion, the tree
rerxtoval, and a schedule for when this project will be r.amplete.d.
Sincerely,
Brian L. Birch
2A So. SL PaulArnrar arove Heights, Wsat St. PeuVMendota Helghts Sun�CurrenVWednesday, Sept. 26, 2001 www.mnSun.com
MH ma or told to sta out of Town Center land negotiations
3' Y
Council opposes Mertensotto
By Merrily Helgeson
Sun Newspapers
A defiant Mayor Charles Mertensotto
was ordered by his City Council on Sept.
20 to stop interfering in city land buys for
Town Center.
------..
"How are you going to enforce that?"
Mertensotto asked the four members of
the Mendota Heights City Council, all of
whom had just voted to_snecifically bar
th mavn___,,,,_� ��_.,.��, n�¢o�j,�lg witji
,.�:_-..---
landowners for Town Center properties.
"I am the mayor and I'm entitled to
speak for the city," Mertensotto said. "I
can speak with any citizen on any matter.
"I have a duty and an obligation to con-
tact these people."
Councilmember Jack Vitelli proposed
the motion reaii'irming Steve Erikkson
as the city's sole negotiator in response to
a request from Eriksson that the city rein
in the mayor.
Ericksson said Mertensotto had been
conducting his own negotiations with
landowner Bri���, whose 5.43-acre
property forms the heart of the proposed
city development.
"Contact by the mayor did undermine
my efforts with Mr. Birch," Eriksson
wrote in a Sept. 121etter to City Admin-
istrator Cari Lindberg.
"If I am not able to reach settlement at
a reasonable level or if I reach settlement
but recommend a level higher than the
appraised value, will my recommenda-
Mayor
From Page 2A
tions be criticized publicly by the mayor?"
Eriksson wmte. "Will I now be the scape-
goat?"
Erikkson had been selected by the
council in July to represent the city in
purchase of several properties for Town
Center, a 26-acre commercial and hous-
ing development planned for the corner
of Dodd Road and Highway 110.
Mertensotto voted against hiring a re-
altor then, saying it would be an unnec-
essary expense to the city. He was over-
ruled by the four other council members.
"You want to be in control and run this
thing yourse�telli to'1�Mertensotto.
"You're sabota�n� and u�d�mipi� the
negotiat ons. I think it's inappropriate
and unethical:' � _ -_
Mertensotto said he had intervened
Vitelli said Mertensotto didn't know
what Erikkaon had agreed with Birch be-
cause the mayor hadn't atte_nded closed
meetings with the rea�tor. Mertensotto
counter� that the closed meetinga were
probablyillegal.
Council members Mike Dwyer, Sandra
Krebsbach and Mary Jeanne Schnee-
man, all of whom rarely oppoaed the
mayor before Vitelli arrived on the coun-
cil last January, voted to bar him from the
,._ _ _ ---
land negotiations.
Schneeman said she'd wanted an in-
dependent negotiator because "I felt so
strongly that the city had an adversarial
relationahi� with �Vix: Birch." �
1�Iertensotto told the council their vote
"means nothing to me because there's no
way the council can keep me from talking
t0 COriStltlleIIt$."
"If the voters want to sanction me,
because Erikkson's negotiationa were
taking too long.
"We may jeopardize and lose an entire
year in the construction of this senior
property," Mertensotto sa.id of proposed
retiree housing. "This senior facility is
the kev to the entire project. ���
�We're three years into the Town Cen-
ter project, and we've got to complete it in
six years," Mertensotto said.
He said he met with Birch because he
thought the landowner might be willing
to make a deal if the city agreed to adjuat
the grade on his driveway and help him
solve some drainage pro�ilems. He said
Erikkson had been unwilling to put
Birch's requests on the negotiating table.
� b�uot � �
After the meeting, Mertensotto said,
"I'll let them hang themselves.'
Mertensotto has been mayor of Men-
dota Heights since 1986. He has beea re-
elected at two-year intervals, most re-
cently last November.
V'itelli, who before his retirement was
vice president for operationa for Honey-
well, Inc., said in a phone interview Sept.
21 he'd been encouraged to run for mayor
last fall.
He wouldn't say whether he'll chal-
lenge Mertensotto in 2002.
In the same interview, V'itelli said he
believea "we have a ro e m in the
city of Menao�a Heig ta nght now
"I don't think he's ever dealt with a sit-
uation where the council dcesn't agree
with what he wants to do," Vitelli said.
"He insists on abaolute cor�ol_and he's
_ _
really at a loss when he doesn't have cg,�-
t�Q1. It's cleaz to me that the mayor is mig-
chievously trying to sabot�ge a decision
of the council that he doesn't agree with."
Vitell added, °Mayor Mertenaotto is
serving his last term as mayor of Mendo-
MAYOR: To Page 14A
�
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PAGE 3 �Fy�-" �`,' ,j���
� Town C
�cwarc 1Vw11 �;,,CI1LL� PI'dII�� ;�� v ,
To the editor: � � „��
The Mendota Heights Plan�jc�,GP�nmission on July 31
discussed changing the Towrl����nter proJect from a planned
unit development, as stated in the Mendota Heights
comprehensive plan, to a multiple-use planned unit
development. The 23-acre Town Center parcel presendy is
zoned R-1 residential, except for the commercial buildings. �
The change to multiple use, if approved by the Mendota
H e i g h t s C i t y C o u n c i l, w i ll g i v e t h e p l a n n e r o f T o w n C e n t e r �
absolute power as to the design.
The Planning Commission believes that it and the public
will have some input before the final design of Town Center i;
approved. The public has yet to see the design guidelines for
this project. They will be told about them after the fact.
I want a nice Town Center project, but I dodt believe we
should cram too much density into it. The Parks and
Recreation Committee has asked for more green space, but �
that apparendy hasdt been agreed to because of the density �
the City Council wants. High density will require extra
expense for snow removal. Normal city streets are 32 feet _tl
wide for convenient maintenance in winter and for extra !
parking. Town Center apparently won't address these and �
other questions that will likely arise later on.
Having the entire Town Center project divided between a
Residential Homeowners Association and Business Owners
Associa�ion would require residents and business people to
r� �aintain the streets, parking spaces, lawns, shrubs, gazebo,
V illage Post/from previous page
e t c. D i s a g r e e m e n t s c a n l e a d t o a l a c k o f m a i n t e n a n c e. I f t h e `
members of the homeowners association are delinquent in
their monthly maintenance fees, the association has litde
recourse to collect the fee. The failure of one of the Business
Owners Association members would probably have to be
written off.
I favor having the streets maintained by the city and havin
each owner responsible for his or her parking space. It is harc
for me to believe that the maintenance nf Town Center will b
high quality if left to the transient residents and business
owners unless only the basic amenities are intlud�d.
•
Bett ySchuster r� � ect Moves �
Mendota Heights ��
r vi vv dY'CI ''
The Town Center Project is on its way. Here's the latest on what's happening........
* In July, the City acquired the Lorraine Hohenstein parcel for the project. This 6.42 acr�
piece, locatcd at 1898 Dodd Road, along with the 3.72 acres that the City already owns
means that almost half of the Town Center site is in the City's ownership.
* The City is in the process of negotiating acquisition of the remaining parcels and ha
retained the services of a Real Estate Consultant, Steve Eriksson to help.
* The City Council recently rezoned the Town Center project area to Mixed Use Planne�
Unit Development, which will allow for a unique blend of housing, business and retai
development with a "village-like" character.
* The City Council held a design guidelines workshop in July to discuss the desigi
parameters for the development. The final design guidelines and site controls will be f:,�
ished this fall so that we may begin with the PUD approval process.
* The City and Dakota County CDA recently signed a cooperation agreement +�ormaliz
ing their commitment to construct a sixty unit senior facility in the project. The CDA hope
to begin their construction next fall.
* The City is also in the process of completing development agreements with the Mast�
Developer for the project.
We are hopeful that the first phases of construction will begin in Summer 2002 with grad
ing the site, followed by construction of the public infrastructure (roads, utilities, pondin�
�apy g� (�.�'�._c �o d �.�aw arC��t b7 c� � � m �;o °' ^o�—� � �'c no
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� own Center/Some concerned about city's handling of proj ect
continued from page 1
�+i�h Brian Birch any different than
,!ny other landowner," Mertensotto
�:�i i in a phone interview. "If there's
nu sense of agreement, then I
::uppose you might say you're not
i'�ing treated fairly."
At a July 31 Planning
C��mmission meeting, Birch said he
w;mted to develop a stnior center on
hi�, land. He requested that the city
pc�st ne rezon� that land so that
h� cou ave t�me to produce
Lumplete I�ans for the center.
Real estate agent Steve Eriksson
scnt a letter to Birch as well as to
l�win City Stores and Tom Thumb
�nJicating the city's desire to
;�urchase land that each of those
�,��tities owns in the Town Center
.�ica. If an agreement is not reached,
i�v officials said Mendota Heights
�., �villing to use eminent domain to
take the land. The city has cited
attorne -client _,�rivilege__..�ariih
EriT:ss�o ,n and council members will
not reveal the prices they are
ne��.��tiating.
' You need some confidentiality,"
Council member Jack vtelli said in
a phone interview. "Otherwise you
reset all offers to the max the city
would eotertain."
Mendota Heights officials said
the city hopes to reach an agreement
with each of the land owners. In
some cases, that process may be
difficvlt.
"I want you to know you're goin�
to have_to_Sak�.mg by eminent
domain," Birc 'd at Tuesday's
meeting. "I will not step down."
Other people have voiced
concern over the Town Center. Sten
Gerfast, a Mendota Heights resident
of 31 years, is a member of Mendota
Heights Neighbors, a group of about
75 citizens (whose numbers tend to
fluctuate) that is concemed about the
way the Town Center pro�ect i's
being execu�. The Mendota
Heights Neighbors are worried about
traffic density, residential density
and maintaining business on the
south side of Highway 110.
Gerfast said he sees several
symptoms of a city council that_i�,
out of control. One example he cites
is the council's July 10 hiring of t6e
law firm Faegre and Benson. A
Town Center expenses statement
with records from 1999 to July 10 of
this year shows that the city has paid
the firm $39,849 in fees so far.
Eriksson's fees, while not listed
on the report, are $200 per hour with
a cap of $25,000. If the cap is
reached, Eriksson will stop working
until the cap is raised. The contract
can be terminated at any time by the
�ty.
Mg�,�cntt� was the only council
member to vote against using
outside firms to handle negotiations
with property owners and did_no�
a�pear_ at a__meetigg where the
preliminary draft of Town Center
guidelines was presented.
Mertensotto said he_ was "makine
a stateme�tt" by not appearing and
that he would have preferred the
council to handle negotiations
d'uectly with its taxpayers. However,
he maintains that the Town Center
ptoject as a whole is viable and a
good idea.
Vitelli said there ue several good
�
�
reasons for hiring professionals. "No city has spent S305,688 as of July
one on the council or no one on the 10. The project has a cap of $4.5
city staff is a professional real estate million. That money is to come from
negotiator," vtelli said. "When you tax increment fmancing and is being
undertake something this large and used for land acquisition, public
complex, I'm very strong in infrastructure and market feasibility
believing you've got to let studies.
professionals do this. You can make "If we acquire land, you have an
a mistake and it will cost you five to asset on the city books," Ytelli said
10 times what Faegre and Benson adding that the money can only be
will cost you." spent on approved projects of which
�telli also said that some of the Town Center is one. "If we, the
landowne.rs hav.a _8 IeveL__s�� citizens of Mendota Heights, don't
animosit�+ toward thgt s�ity that made use the money we set aside as ',
having an independent negotiating taxpayers, it will be forfeited to I
party a good idea. another city, another community or
Gerfast said he's co�ncerne� the state."
because the city seems to be ready to Most of the money spent on land
force landowners.. to sell. "I have acquisition will be recovered when
absolutely no financial interest over develc�pers purchase the land, vtelli
there. I do_have_ an aversion to_ said.
eminent domain." Gerfast said he is Mertensotto said the money being
-�-------. _ .._
not looking to siiik the project. "I'm spent on pmfessionals worries him.
trying to be positive with realism," "[The council'sj lack of_control is
__a. __
he said. what concerns me,"1Vlertensotto
Concems have also been raised said. "It's so easy to spend the
about the amount of spending on the public's money. If the council
project. Billing records from the city doesn't [guard] it, who will?"
dating back to 1999 indicate that the
N
Freeway Road
Proposed Redevelopment Site W E
� (Parcel Owners and Size) S
Approved by City Council December 1, 1998 I ��� = 2���
1. Twin Cities Stores, Inc. - 0.48 Acres �
2. Tom Thumb Food Markets - 0.99 Acres s�
3. MHVS Ltd. - 0.78 Acres `
4. Brian L. Birch - 0.79 Acres
5. Lorraine Hohenstein - 0.61 Acres .
6. State of Minnesota - Approx. 13 Acres
7. Lorraine Hohenstein - 2.00 Acres
8. Lorraine Hohenstein - 0.90 Acres .
9. City of Mendota Heights - 2.22 Acres �
�
0
''� • �
/`�
���
page 76
.i .. �,�
City Of
Mendota Heights
Total acreage is approximately 22 Acres.
/�' ° 3 �� �—� � ��� `- - - -�
/ � r,e.il.s i
\�
� ------ ---- --------------- ---- - -----�--_ ----'– — -- '
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P �'Y�
� .►-�.-��-'
page 77 � � �'i
City, land owner s�il_� at odds over �J
future plans for podd/110 corner
by B311 Wagner
Disagreement has surfaced
once again between the city
of Mendota Heights and resi-
dent Brian Birch over a par-
cel of land near the intersec-
tion of Dodd Road and High-
way 110.
Birch, who is the underly-
ing owner of 3 acres of un-
developed land located be-
hind the Tom Thumb store
and Mendota Heights Animal
Hospital on Dodd Road, said
he would like to buy back
the land from the Minnesota
Department of Transporta-
tion (MnDO'1�. The city, how-
ever, would like the land to
remain in the public domain
in case an overpass is ever
built over Highway 110.
The long-time dissent over
the future use of the prop-
erty seems to be coming to
a head, though. The city has
commissioned a private firm
to do a telephone survey of
how Mendota Heights citi-
zens fee] about Dodd/110.
The firm is in the process of
preparing a list of questions
that will be asked of 400
homeowners, who will be
chosen at random.
Mayor Charles Mertensot-
to said the results of the sur-
vey will weigh heavily on
the City Council's decision on
what to do with the prop-
erty. A final council decision
could be made within two
months, he said.
Birch, however, is doing
his best to make his displeas-
ure known. He originally
wanted to set up a heating
and air-conditioning business
on the site, but said the city
�� f 7�Q��0S� �9� ��� thwarted his bid by stipulat-
ing that the venture be limit-
ed to six employees.
4 �� His new proposal is to
--� build a senior center on the
��� site. The center would in-
G�� r clude a putting green and
��¢,.ipif� l� croquet or horseshoe court,
�/L` `93, and be complemented by ad-
jacent tennis courts and a
day-care center.
Birch said MnDO'1' has
held the easement an the
property for more than 30
years and has no future use
for it. The easement was
originally given in case Dodd
Road was ever realigned to
intersection 110 at a right
angle.
Mertensotto stressed that
the city cannot part with the
land without careful research
because the current at-grade
intersection is dangerous and
might need to be altered at
some future date.
City officials contend that
Highway 110's steep grades
necessitate the construction
of an overpass in order to
provide safe passage across
the freeway for pedestrians
and bicyclists. Before warn-
ing lights were installed,
motorists on 110 often had to
brake sharply to avoid skid-
ding through the intersection
at Dodd Road.
But Birch argues that High-
way 110 does not have steep
grades by MnDOT standards,
and that a culvert under the
road would be adequate for
allowing pedestrians and bi-
cyclists to safely cross the
freeway. He added that, if
the overpass is built, it would
negatively impact an envi-
ronmental area that includes
a walking trail and creek that
has become home to sever-
a] beaver dams.
Birch has gone public in an
effort to bend opinion his
way. He circulated a press
release criticizing the City
Council for wasting taxpay-
ers' money by implementing
the telephone survey. And
he said the city should have
mailed questionnaires to ev-
ery city resident, rather than
surveying a select 400.
He added that the over-
pass would cost $6 million,
not $2 million as estimated
by the city. "Basically, the
road would go nowhere and
serve very few people," he
said.
Birch has devised his own
version of survey questions
for citizens to respond to.
Those queries include wheth-
er the city actually needs an
overpass, or if an underpass
would do; if right-hand turn
lanes could be installed to
the existing Dodd/ 110 inter-
section; if residents would be
willing to have longer lights
at the intersection; and at
what cost would they be will-
ing to pay for improvements
at the intersection.
Mertensotto said the City
Council decided to use a pri-
vate research firm for the
survey because it would pro-
vide expertise that volun-
teers could not. "They're
professionals," he said. "The
findin�s will have much more
validity. This study will be a
guide—it will tell us what the
people are thinking."
The mayor added that he
doesn't know how Birch ar-
rived at his overpass esti-
mate of $6 million. The S2
million figure came from the
city's engineering staff, he
said.
-• �'* `_�4��.t� ��'�\'��\�\<�" s�r. �
i"'�,. 16A—So._5t� �aul-Inver GroMe Heig`�; �st�St•�Pdul-Nlendota lieights Sun•Currer
�� 7�( Mendota Hei ts �� poor
�
idea, maybe
even
To the editor:
In your article July 15 called
"City wants to save land for
possible bridge over Highway
110" it was very misleading to
the public, and hotly debated.
Had I not been at the City Coun-
cil meeting,l would have guess-
ed that Mayor Mertensotto and
his staff wrote it.
What the Ciry Council, the city
planner John Uban, and some of
the city administrative staff are
doing suggests to me a"sell
job" of a very poor idea, and one
which in fact may be illegal.
lwvice now our city has told the
'�ewspaper to print the proposed
iyi�way cost at $2 miIIion. I am
on record stating that the pra
ject will cost �6 million. Who is
trying to deliberately deceive
who? I researched my figures
with the Minnesota Department
o� Ti�ansportation. At a later
date, I will detail a much better
propc�al, which will meet safe-
ty, economical and city task
force guidelines, which the city
plan does not meet.
The simple map that was used
to sell the project in the paper
was misleading too. Check out a
few things: extensive land fill is
needed; high elevations from
trail to roadway; severe en-
vironmental impact to naiuraI
wetlands and meadow east of
the shopping center and adja-
cent to Dodge Nature Farm; ex-
tensive cuts, slopes and filling
all along roadway; remuting
creek and bridge; adjacent land
has access and development
problems; city dump might be
enlarged in the northeast over-
pass quadrant; purchase of
shopping center land (1/5 mile);
farther setbacks for busines.ses
along South Plaaa Drive; and a
dangerous tee intersection and
traffic light on a 40 mph curve.
This new road is going to be
labeled Highway 149 just to
manipalate state money, but yet
it has to access Highway 110 at
the present location. That
makes two highway 149s, which
add.s confusion, and downgrades
business. MnDOT should not
even be a party to this "set up"
by our city. This money s'
comes out of our pockets, and '
not a gift.
illegal
From �your article you said
that I am trying to get 100 per-
cent ownership of the entire
right of way. Wrong. I have been
trying over 20 years to exercise
my "Lis Pendens Rights" to
that portion of land which was
originally taken ftom my land
over 30 years ago. The 19�5 Cen-
tral Task Force Committee,
made up of local citizens, re-
jected the use of this right of
way, and recommended return-
ing it to the underlying fee
owners. Is that aslring too much
after 30 years? If this new road-
way is built it won't be long
before they pi�sh to c�t Higizway
149 through the �iendly Hills
area again, which was rejected
by the task force report.
This new road violates all five
of the protective goals that the
task force has set out in its
report. Even the firefighters re-
jected this plan because it af-
fects their emergency response
time and safety.
We all need to ask the ques-
tion, "Who benefits?„ Personal-
ly, I would since I would be one
of a few persons fronting on this
$6 million road. But, I oppose it
because it is such a poor idea
and few people would choose to
use it. This new ro�ad wii� tifvic2e
and divert traffic away from our
present businesses along
Highway 149, causing many to
vacate. This is not ethical or
smart to do so. I personally
believe that there might be a
personal agenda behind this
"sell job."
Mayor Mertensotto admits to
not knowing a number of things
that I have just written, but he is
still bound and determined to
build this road. He puts down the
opposing voice of the people, as
well as keeps the council
members silent with his rebuffs.
He has had to prolong this issue,
because of loca] opposition, then
choose to delay action 60 days in
order to silence the opposition
out there. That new date is �es-
day, Sept. 15.
Elections in November will
give the citizens the opportunity
� to select a mayor and council
members who will represent the
� people fairly and courteously.
Brian L. Birch
--- i hts to con ���er
Mendota He
, g „�
a e 79 ' � " �
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Dodd
Road relocatlon
�..; -., t � r �;,�• . �%� :� :�� _ �`'�ts,� .
by Christlne Wroblewak!
Bicyclists and walkers who
want to cross at the intersection of
Dodd Road and Highway 110 in
Mendota Heights during peak traf-
fic hours have encountered diffi-
culties for years.
Because the intersection does
not accommodate turn lanes for ve-
hicles, and because there a few oth-
er locations for pedestrians and
bikers to cross Highway 110, safety
and traffic circulation problems in
thac area have come to the attendan
of the Mendota Heights City Coun-
cil.
Bikers, pedestrians and com-
muters find themselves compedng
for their chance to tum, cross or
move forward safely.
In the past 10 years, at least 25
accidents have been reported at ti�e
intersecdon, according to the Men-
dota Heights Police Department,
and about six of those acciclents in-
volved hit and run accidents or ar
juries.
In an effort 10 deal with the cir-
culation problems at that intersec-
don, the city has developed a con-
cept plan to relocate the through
uaffic along Docid Road, while at
the same time alleviating circula-
tion problems.
On Tuesday, July 7, the council
wiil host a community discussion
about the problems at the intersec-
tion and city staff will present to
community members the findings
of a study conducted in the area
ove'r"7t ie`�a�s �ew mont�s.
'NVE WANT to show the com-
munity what we have found in our
study," said City Administrator
Tom Lawell.
Essentially what. ihe the city has
foend, according to Lawell, is a
need to re-route commuter trafHc
and motorists wishing to follow
Dodd Road northbound or soulh-
bound without turning onto 114,
around Mendota Plaza and over
Highway 1]0.
i'i�� Limc�j�t ��latti Prescrvcs thc
��,�n
�
� . �.N; ,� ;�>
�) �` Dodd Road
� ; Relocatfon-
•� i Concept Pian
1� 6/5/42
Sketch of proposed Mendota Heights Dodd Road relocation plan
existing intersecdon, but also pro-
vides for a bridge over Highway
110 east of the current intersection.
Sontb Plaza Drive would be ex-
tended and curved to the north,
crossing over Highway 110 and
co�necting back into Dodd Road
north of Fieeway Roxi. _ , � ' : `
"The idea is to separate the
turning movement traffic from the
through movement traffic," Lawell
said.
'The plan's intent, added Lawell,
is to increase safety at the cunent
intersection, provide bettec circnla-
�on ga oommutex traff'ic, and also
to enhance circulation into com-
mercial areas of the city.
BOTfl HIGHWAY 110 and
cld Roacl (al5u krn>w���� 1s Ili�l�-
way 149) are state-owned higl
ways. The Minnesota Departme
of Transportation (MnDO'1� is ta'
ing an acdve role in We develo�
ment of the concept plan, and is e
pected to pay for a majority of d
improvements if the plan is a;
�proved, according to Lawell.
The project is expected w cx
about $2 million, said Lawell. A�
wfiaiifi"e sfate does not pay w
mosdy likely be paid for with M
nicipal State Aid funds.
"So we're really talking aba
vety liule �iry mone�," Lawell sG
ed. - --
For 30 years t6e state has �
tained easements along a stretch
Dodd Road . . .
Contimacd q
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page 81 � � �"�'
P
#38: David M. Lilly - acquired 5/1/72
5.03 acres acquired by condemnation� 31.1 acres remainder
3/58 311.500 - settled prior to trial
�39 Brian Birch - acauire 9/27/73
755 Willow Lane, Mendota Heights
4.07 acres acquired by condemnation, 1.17 acres remainder
5/58 322,500 - appeal settled prior to trial
Correspondence in parcel file from Birch challen es us from
using borr� ow materi 1 on highways other t an or 149 for
which the easement was acquired--he makes 000��_. John
Sandahl is familiar with this situation.
�40: Sigurd Solland - acquired 2/8/68
0.36 acre acquired by condemnation, 2.04 acres remainder
7/57 55,200
Snow fence easement has been reconveyed.
�41: Lorraine F. Hohenstein (widow)
1898 Dodd Road� St. Paul
122,150 Sq. Ft. acquired by condemnation
7/57 517,600
�42: Village of Mendota Heights - acquired 4/16/71
6,700 Sq. Ft. acquired by condemnation
7/57 51,100
�43. 44: Gerald A. Grove - acquired 9/29/78
943 - 15,200 Sq. Ft. acquired by condemnation
7/57 51,500
f44 - 9,200 Sq. Ft. acquired by condemnation� 10,600 Sq. Ft. remainder
3/58 51.750 - appeal settled prior to trial. .,,,
#45: Village of Mendota Heights - acquired 5/17/71
3,000 Sq. Ft. acquired by condemnation
7/57 5650
.'�,\ ���� �
page 82
g� 7aS
The VOICE July 15, 1983 Page 4
Mendota Heights Council news
Hwy. 110-Dodd Aoad c rossing plan
nearing decision stage, council told
by John Gessner
Mendota Heights City Planner Howard Dahlgren told
the City Council July 5 it must move quickly to decide
plans for a new or remodeled Highway I 10-Dodd Road
bridge crossing. Dahlgren said the state "is talking about
building it" and has put the project on its schedule.
Dahlgren also urged the council to adopt his plan for
the crossing, which moves it just east of the Mendota
Plaza Shopping Center and reroutes a stretch of Dodd
Road. Dahlgren has repeatecily said a new crossing is
crucial to the development of a downtown shopping area
near the busy intersection. His plan, he said, would make
more land available for commercial development and
would make the area more accessible to cars.
A Minnesota Department of Transportation official
said last month that work on a newcrossingcould begin
by 1988, using state and federal funds. Dahlgren said the
council should address the issWe as soon as possible, to
ensure that the state keeps the project on its schedule.
"Now is the time to move on it," he said.
7iie city must move quick(y, he indicated, because so
much remains to be done — the biggest part of which is
pushing for citizen approval.
Property owners who would be near the new, rerouted
stretch of Dodd Road called for in Dahlgren's plans
voiced their complaints in a stormy public hedring last
month. Dahlgren said that if Dodd Road should someday
need four lanes to accommodate traffic, it might handle
more than 10,000 vehicies daily. Many citizens said they
do not want a busy highway close to their homes. Others
expressed concern about possible harmful effects high-
way construction could have on local environment.
But Dahlgren said dirt barriers, called berms, could be
built along roadsides to help ease homeowners' worries
about the nearness of the highway. (There were few public
comments at the July 5 council meeting.)
Department of Transportation plans originally called
for a full diamond interchange at the new crossing siie.
But Dahlgren rejects that, caltin� instead for access ramps
to Highway I10 extending only to the west of Dodd
Road. Some of the state-owned land that would be
nceded for the full diamond could then be vacated for
commercial development, he said.
Dahlgren, repeating thc themes of making land availa-
ble for development and providing access to the shopping
center, said, "To... put in a diamond interchange, i think,
would he a mistake — it would have � disasirous etfiect on
future development of Mendota Heights."
Dahlgren said state officials studied his plan and found
it fe�sible. However, there is a plan calling for a bridge
and a diamond interchange at the existingcrossing. It was
introduced by Brian Birch, 755 Willow Lane, at the June
hearing, and citi�ens greeted it warmly, Birch's �lan calis
for no rerouting of Dodd Road. Dahlgren said state
officials had studied that plan also, but restated his
doubts about it.
"It creates a problem in the terms of access for the rest
of the business area," he said. Dahlgren also xaid Birch's
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_ �
� CITY OF
M�N��TA H�I�HT�
page 84
�c� �d i r����� � °���e�,� i���,�,��� r r�� ������
651.452185�� E�hone � �51A52894�0 lax,
` www.mendota heights.com _
DATE: November 17, 2015
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Broadband Joint Powers Agreement
COMMENT:
INTRODUCTION
The City Council is asked to enter into a Joint Powers Agreement (JPA) for the Dakota County
Broadband Board, for policy governance of the proposed fiber optic broadband network to
member agencies.
The Council is also asked to designate one of its own to be the Board member to represent
Mendota Heights, and a second member to be alternate. Finally, it should authorize an initial
membership payment.
BACKGROUND
For more than a year, city staff has participated in the Dakota County Community Development
Agency-led study of the provision of broadband fiber to the various governmental jurisdictions
in the County. The consultant who has coordinated this study, former Burnsville City Manager
Craig Ebeling, has appeared befare the Mendota Heights City Council twice in workshops to
make presentations and answer questions.
The discussion continues, and is now at a point where more formalization of the ability to
govern, and make policy decisions for the proposed system is needed. A JPA has been drafted
which will establish a board and its powers, and identifies initial membership costs.
A copy of the JPA is attached. Also attached is a memo dated November 2, 20l 5, from Mr.
Ebeling and the CDA"s Lisa Alfson which provides further description about what is contained
in the JPA, and provides more background about the study to this point.
It should be emphasized that that the Broadband study is complete. At this point, we are
finishing Step 1. With luck, Step 2, which will provide for more cost, technical, and feasibility
evaluation, will be done by the end of June, 2016. What is needed now is for each of the
page 85
prospective member cities (those Dakota County cities over 10,000 population), the Dakota
County CDA, and Dakota County, to make an initial statement of participation. This is still at an
"agree to agree" level, with initial costs being modest enough that any participant may withdraw
after June 30, with minimal investment being lost.
Also needed is for the City Council to appoint a member and an alternate to the JPA Board of
Directors. By state law, membership must be made up of elected officials. It is anticipated that
this Board will not have a significant number of ineetings; once is it up and running, it is
anticipated that it would meet no more than quarterly, and perhaps once or twice a year. This
Board will be focusing on governance and policy issues, not unlike with what the City Council
normally deals.
Mayor Krebsbach has indicated an interest in serving as the City's Board representative, as it
relates to her work, and her involvement with similar networks in other states. In addition, if no
one else is interested in the alternate position, Councilor Duggan has indicated a willingness to
serve.
BUDGET IMPACT
The cost to proceed to the end of Step 2 is $170,763.50. One third of that cost is being paid by
Dakota County, one third by the Dakota County CDA, and the remaining one third by the
member cities, proportionate to population. Mendota Heights' share is $166123, which would
come from the Cable TV Fund.
RECOMMENDATION
Participation in the JPA will keep the door open to an eventual connection to the Dakota County
Broadband network. From a global perspective, that should allow the provision of Commercial
Network (GNet) connections to the city's commercial properties. That will help the Industrial
Zone and others to remain competitive in an ever-increasingly interconnected business world.
From a shorter term aspect, it would provide the City with an alternative to the NDC4 fiber
connection, for which there is currently some uncertainty as to whether the City will be able to
continue to receive it at no cost.
I recommend that the City Council authorize entering into the JPA; to appoint a Board member
and Alternate, and authorize payment of the Initial Membership Fee.
ACTION REQUIRED
If the Council concurs, it should, by motion, approve the following actions:
1. Authorize the City to enter into the Joint Powers Agreement far the Dakota County
Broadband Board;
page 86
2. Appoint one member of the City Council to be the Mendota Heights Board member; and
a second one to be Board Alternate.
3. Authorize payment of $1661.23 for Mendota Heights' initial membership fee, payable
out of the Cable TV Fund.
Mark McNeill
City Administrator
page 87
Date: November 2, 2015
To: City and County Managers
From: Craig Ebeling and Lisa Alfson
Subject: Joint Powers Agreement
The Broadband Work Group met on Thursday, October 15, 2015 to review the draft joint powers
agreement prepared by Barbara Portwood, the attorney provided to us for that purpose by the Dakota
County Community Development Agency (CDA). Based on that review changes were made although
only a few were substantive. Ms. Portwood has incorporated those changes into the attached
document. We believe that we are now ready for you to process the agreement with your elected
officials to enable the formation of the entity. Our target is adoption by all members by December 31,
2015. We realize that this is a busy time for you with your budget and levy approvals taking time on your
agendas. Adoption could be pushed into 2016. But we fear that we will lose momentum by setting the
schedule back. We hope that the work sessions that we have attended with your officials will help in this
endeavor. We offer a few thoughts as you process this with your attorneys and elected officials.
1. You and your staff people have worked very hard on this agreement. Attorney Portwood
remarked that she was very impressed with the thoroughness of your work given the complex
nature of this undertaking. Our point is that this concept and this agreement have been as
thoroughly vetted as possible at this point in the process.
2. Because of the complexities involved, you have adopted the "agree-to-agree" approach. As you
will recall following this concept, despite the large amount of work already done to fully
understand how the Board will function, the agreement provides for still more detailed
investigations to take place before a FINAL commitment needs to be made.
3. Following that line of reasoning, the "policy-risk" for entering into the joint powers agreement is
quite small. If after the additional investigation is completed the arrangement just doesn't seem
right for your agency, you would simply serve notice of your decision and no additional costs
would be incurred.
4. Your work group has crafted the Initial Membership Fees to be very modest. (See attached
Dakota Broadband Board — Initial Fee Computations). Of course this was made possible by the
tentative decision of Dakota County and the CDA to bear the brunt of the cost. This was by
design — the intent is to make the "cost-risk" so small that everyone can stay in the process for a
very small investment. Indeed it would seem a bit imprudent to NOT be involved given the
investment that is required.
S. Attorney Portwood advises that despite the good work already done, the additional
investigative work of Step 2 may well point up the need for amendments. Our point here is that
given this likelihood, the opportunity to weigh in on potential amendments later and the above
described aspects of the process, extreme time-consuming scrutiny of the document at this
point in time may not be as warranted as with other joint powers agreements.
1�Page
page 88
6. Having said all of that, if your attorney feels the need to discuss the form of the JPA, Ms.
Portwood suggests that she convene either an in person meeting or a teleconference with
member attorneys. Please advise us if your attorney feels the need for such a session. If there is
a minor question not requiring a conference, Ms. Portwood's contact information is as follows:
Ms. Barbara Portwood
150 South Fifth Street, Suite 2300
Minneapolis, MN 55402
barbara.portwood@stinson.com
Direct Dial 612.335.1594
7. As set forth in the JPA if your elected officials approve of the agreement, please advise the
Dakota County Community Development Agency (CDA), to the attention of Lisa Alfson, Director
of Community and Economic Development. (The CDA has agreed to continue their
administrative support role until the Board is operational.) Payment of your Initial Membership
Fees should also be sent to the CDA, checks payable to the Dakota Broadband Board. At this
point the Initial Membership Fee is the known 2016 fiscal impact for your agency. Potential
future fiscal impacts will be identified as a part of the Systems Plans preparation.
8. Similarly please advise the CDA of your designated Board representative so that our initial Board
of Directors meeting can be organized.
Attachments:
Dakota Broadband Board -Joint Powers Agreement
2�Page
SLS Draf't: 10/30/15
JOINT POWERS AGREEMENT
DAKOTA BROADBAND BOARD
Dated as of December 31, 2015
page 89
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
page 90
Table of Contents
Statement of Purpose and Powers to be Exercised ...............................................................................1
Manner of Exercising Powers; Creation of Dakota County Broadband Board .................................... 1
DefinedTerms ......................................................................................................................................1
Participant............................................................................................................................................. 3
Board..................................................................................................................................................... 5
SystemsPlans ........................................................................................................................................ 7
Acquisition of Interests in System Components ................................................................................... 8
Ownershipof System Components ....................................................................................................... 8
Expansionof Systems ........................................................................................................................... 9
Operating and Maintenance Cost Sharing ......................................................................................... 9
Financing Backbone Completion Projects ...................................................................................... 10
RevenueGeneration ........................................................................................................................10
Establishment of a Relocation Pool; Submission of Capital Plans ................................................. 11
Default; Remedies ........................................................................................................................... 11
Limitation of Liablity; Indemnification .......................................................................................... 11
Termination of Board; Disposition of Assets .................................................................................. 12
Amendments...................................................................................................................................12
page 91
THIS JOINT POWERS AGREEMENT (as amended from time to time, this
"Agreement") is entered into as of December 31, 2015, by and between the parties described on
Schedule A attached hereto (the "Initial Participants"), pursuant to Minnesota Statutes, Section
471.59.
1. Statement of Purpose and Powers to be Exercised. The purpose of this
Agreement is to provide for the joint exercise of the statutory powers common to the
Participants (defined below), to establish, operate, maintain and improve the Systems
(defined below) for use by the Participants and potentially other users; including, but not
limited to, the power to enter into agreements necessary or convenient to the exercise of
such powers; to establish fees and charges with respect thereto; to acquire, own and
convey real or personal property; to issue bonds or obligations under any law under which
the Participants may independently issue bonds or obligations, and use the proceeds of the
bonds or obligations to carry out the purposes of the law under which the bonds or
obligations are issued; and to take such other actions reasonably necessary to the
establishment, operation, maintenance and improvement of the System (together with
other powers described herein, the "Joint Powers"). Notwithstanding any other provision
of this Agreement, the Board shall not have: any power of eminent domain; any taxing
powers; any power to pledge the full faith or taxing power of any of the Participants for any
purpose whatever; or to issue general obligation indebtedness of any Participant.
2. Manner of Exercisin� Powers; Creation of Dakota Broadband Board. The Joint
Powers of the Participants will be exercised through a joint powers board, which is hereby
created, to be designated the Dakota Broadband Board (the "Board"), having the powers
and duties described herein. The Board is authorized to exercise the Joint Powers on behalf
of and in cooperation with the Participants as provided herein.
3. Defined Terms. Capitalized terms used, but not otherwise defined, herein
shall have the following meanings:
"Administrative Funding Plan" means the plan to be developed and adopted by the Board
pursuant to paragraph S.E.ii hereof, identifying the process and cost of the preparation of the
Systems Plans, and providing for the operation of the Board through the date on which the
Systems Plans have been adopted and the deadline for Participants to withdraw pursuant to
paragraph 6.D hereof has passed, generally consistent with the outline of elements and costs
shown in Schedule B.
"Agreement" has the meaning given in the first paragraph of this agreement.
`Backbone" the central portion of the network consisting of redundant optical fiber ring
segments interconnecting diverse communications netwark elements (switches, routers, etc.),
including connections at the colocation facility or facilities. Generally, the backbone capacity is
greater than the networks connected to it.
page 92
`Board" has the meaning given in section 2 of this Agreement.
"C-Net" means the use of the System on any basis other than by the Participants for their
governmental and institutional purposes
"CDA" means the Dakota County Community Development Agency, and its successors
and assigns.
"I-Net" means the use of the System by the Participants for their governmental and
institutional purposes.
"Initial Participant" has the meaning given in the first paragraph of this Agreement.
"Initial Participation Fee" means, as to Initial Participants, the non-refundable fees
identified on Schedule A hereto next to their respective names, and for other Participants, initial
fees determined by the Board as provided in Section 4.0 hereof.
"Joint Powers" has the meaning given in paragraph 1 of this Agreement.
"Operating and Maintenance Costs" means all expenses relating to the operation and
maintenance of facilities owned by the Board or used in connection with the Systems, including
but not limited to, labor, contracted services, energy costs, monitoring costs, system
configuration cost, switch-related costs, relocation costs, break repair costs, marketing costs,
insurance, taxes, fees or similar charges.
"Participant" means the Initial Participants and each other qualified governmental unit
satisfying the requirements of paragraph 4.B hereof to become a Participant, not including any
Participant who has withdrawn from the Board pursuant to paragraph 4.E hereof.
"Participation Fee" means an annual fee paid by each Participant as described in the
Systems Plans or by-laws of the Board, which will include, but not be limited to, a fee (which
shall be an equal amount for each Participant) in exchange for the Participant's use of the I-Net.
"IRU" or "Indefeasible Rights to Use" means agreements between a Participant and the
Board, on behalf itself and all other Participants, with respect to the use of System Components
in which the Participant has an ownership or other legal interest.
"Supermajority" means a vote of two-thirds of the members of the Board, counted as one
vote per member or on the basis of Weighted Voting, when required.
"Systems" means the telecommunication infrastructure necessary for the Participants to
provide more robust broadband, I-Net and GNet services within Dakota County, including,
without limitation, iiber optic cables, hand holes, switches and routers and other network
elements.
"Systems Components" means the various necessary or convenient elements of the
Systems, including, without limitation, fiber optic cables, hand holes, switches and routers,
together with contract rights and agreements necessary or convenient in connection with the
operation, maintenance, development and use of such components.
2
MINNESOTA/2003654.0005/ 12420934.6
page 93
"Systems Plans" means a plan or plans defining both the physical aspects of the Systems
and the methods for funding or financing the costs associated with the operation, maintenance,
and development of the Systems, to be developed consistent with the requirements of paragraph
6 of this Agreement.
"Weighted Voting" means a vote of the Board in which each member's vote will be
weighted on the basis to be set forth in the Systems Plans, provided, however, that if any one
member would have a weighted vote which, by itself, would determine the outcome of any vote,
then its weighted vote will be capped as provided in the Systems Plans.
"Withdrawing Participant" means a Participant that has given notice of its intent to
withdraw from the Board pursuant to Paragraph 4, prior to the effective date of such withdrawal.
4. Participant.
A. Gene�al. Every Participant shall be a county, city, town, school district, or
other unit of government whose jurisdiction is within Dalcota County, and who has the
authority to exercise the Joint Powers under Minnesota Statutes.
B. Initial Participants; Initial Participation Fee. The Initial Participants
shall have the rights and obligations of Participants hereunder upon execution and
delivery of this Agreement and payment, on or before December 31, 2015, to a fiscal
agent appointed for the Board of its respective non-refundable Initial Participation Fee.
The aggregate of the Initial Participation Fees described on Schedule A is intended to be
an amount sufficient to pay the certain costs identified on Schedule B attached hereto.
Such fees have been allocated to the Initial Participants using the formula that was used
for cost sharing far the initial Design Nine study. Accordingly, in addition to the fees
paid by the Initial Participants, the CDA shall contribute $56,921.17 toward the cost of
the Administrative Funding Plan and the Systems Plans.
C. Additional Participants. In addition to the Initial Participants, any other
entity described in subparagraph A above may become a Participant, subject to the priar
approval of the Board, by:
i. executing and delivering to the Board a counterpart signature page
to this Agreement, indicating its acceptance of the terms and conditions hereof;
ii. paying an Initial Participation Fee in an amount determined by the
Board (which fee shall not be lower than Initial Participation Fees paid by
comparably situated Initial Participants); and
iii. satisfying such other conditions mandated by the Board at the time
such entity seeks to become a Participant.
D. Annual Participation Fees. The Board shall establish and collect, and the
Participants shall pay, annual non-refundable Participation Fees, as further described in
the Systems Plans. Withdrawing Participants shall continue to pay Participation Fees due
and payable during any required notice provision under 4.D hereof.
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E. Withd�awal of Participants.
i. Participants may withdraw from participation in the Board without
incurring any financial obligations as provided in 6.D of this Agreement,
following adoption by the Board of the Systems Plans. Withdrawal by any
Participant after the period described in 6.D will be subject to the following
provisions, as the same may be modified or amplified in the Systems Plans.
ii. A Participant that has not provided any System Components may
withdraw, effective immediately, by providing written notice to the Board. A
Participant that has provided System Components may withdraw by providing not
less than two years advance written notice provided to the Board, and by paying
to the Board a"withdrawal payment" as follows. Such withdrawal payment shall
be determined through a good faith negotiation between the Board and the
Withdrawing Participant. The purpose of the withdrawal payment is to require a
Withdrawing Participant to pay actual and direct expenses incurred by the Board
or another Participant which are reasonably related to the Withdrawing
Participant's withdrawal from the Board, including, without limitation, equipment
relocation fees, leasing, and permit fees. If the Board and the Withdrawing
Participant are unable to reach an agreement on the amount of the withdrawal
payment, the disagreement shall be settled by binding arbitration administered by
the American Arbitration Association, or in such other manner as is acceptable to
the Board and the Withdrawing Participant. The amount of the withdrawal fee
may be reduced to the extent the Withdrawing Participant and the Board enter
into to agreements which extend the Board's right to use System Components of
the Withdrawing Participant. The provisions of Section 7.A hereof regarding
termination of IRUs will continue to apply to Withdrawing Participants for the
duration of any IRU.
iri. The withdrawal of a Participant will not, in and of itself, modify
any agreements, IRUs or other contracts between the Withdrawing Participant and
the Board or other Participants. In addition, each Participant who withdraws shall
remain liable far all financial liabilities incurred during the period it was a
Participant, but shall not be liable for any new financial liabilities incurred after
following the date of the delivery of its notice of withdrawal.
iv. Notwithstanding the two-year notice required for withdrawal under
ii above, the Board and the Withdrawing Participant may negotiate a shorter
notice period in exchange for an additional payment by the Withdrawing
Participant, designed to satisfy ongoing financial obligations of the Participant to
the Board.
v. To the extent that IRUs granted by the Withdrawing Participant to
the Board for System Components owned by the Withdrawing Participant
continue beyond withdrawal, the obligations of the Withdrawing Participant to
pay associated Operating and Maintenance Costs will survive such withdrawal.
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5. Board.
A. Members. Each Participant shall be entitled to appoint two members of
the governing body of the Participant as a member and an alternate member to the Board.
The terms of each member and alternative member shall be as established in by-laws to
be adopted by the Board, but in any event, shall terminate at such time as the member or
alternate member ceases to be a member of the governing body of the applicable
Participant. If the CDA elects not to become a Participant, it will have the right to appoint
two members of its [staff or Board of Commissioners] as a non-voting liaison to the
Board and an alternate. The Board may appoint standing and ad hoc committees
including, without limitation, an operations committee, with the powers to be described
in the Board's bylaws.
Board:
B. Gove�nance. As shall be further described in by-laws to be adopted by the
i. Actions of the Board will be taken by vote of the Board in which
each member of the Board shall have, unless Weighted Voting is required, one,
equal vote. Decisions will be made by a majority vote except where a
Supermajority is required.
ii. A Supermajority and Weighted Voting shall be required: to
approve or revise the Systems Plan and the Systems Funding Plan; to approve
periodic budgets, including required contributions to be made by each Participant
in support of such budgets; and to approve the issuance of any bonds or
obligations of the Board.
C. Purposes. The Board shall: provide the structure for administrative and
fiscal oversight of the System; set appropriate policies far the Board and the System;
maximize the use of resources available to the various Participants for the benefit of the
Systems; and establish and oversee any appropriate advisory committees.
D. Powers. The Board shall have the general powers described in paragraph 1
of this Agreement, including, but not limited the powers to do the following:
i. To negotiate and enter into contracts, including contracts: for the
acquisition of real or personal property and equipment; far employment,
professional services and consultants; with wholesalers, subscribers, users, or
resellers that desire to utilize the Systems;
ri. To acquire, construct, manage, maintain, or operate any interest in
the Systems and any Systems Component;
iii. To apply for and hold any required licenses or permits;
iv. To sue and be sued;
v. To apply for, receive and utilize grants and loans;
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vi. To accept donations;
vii. To issue bonds or obligations as permitted by law, by vote of a
Supermajority of the Board, using Weighted Voting, provided that such
obligations shall not constitute an obligation of any individual Participant;
viii. With the prior approval of a Participant who has the authority to
impose, levy, collect or cause to be collected communication impact or
development fees, to levy such fees in lieu of the Participant;
ix. To promulgate, adopt, and enforce any rules and regulations, as
may be necessary and proper to implement and effectuate the terms, provisions,
and purposes of this Agreement.
E. Additional Powers and Responsibilities. In addition to the foregoing, the
Board shall have the following specific powers and responsibilities, as further described
and developed in the Administrative Funding Plan and the Systems Plans:
i. To approve contracts with commercial vendors regarding
development, operation, marketing, public relations, maintenance and expansion
of the Systems;
ii. To approve an Administrative Funding Plan, which the Board shall
endeavor to do not later than January 31, 2016, and to revise the same from time
to time;
iii. To approve the Systems Plans as soon as possible, with a goal of
completing the same on or before June 15, 2016, and to revise the same from time
to time;
iv. To adopt an annual budget for operation and maintenance of, and
capital improvements to, the System;
v. To develop policies regarding accounting, contracting and
procurement, employment, operations and maintenance, asset replacement;
vi. To adopt bylaws and other rules and regulations as necessary;
vii. To establish fees far Participants and non-Participants to access
and use the Systems in accordance with the duly adopted Systems Plan and
Systems Funding Plan;
viii. To acquire or lease real property as required for operations;
ix. To discharge other duties consistent with the purposes of this
Agreement and/or as required by statute.
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6. Svstems Plans. The Systems Plans shall in general provide information
sufficient for Participants to evaluate the System's capabilities and costs and its potential
benefit to them. They shall provide for the ownership, operation, maintenance,
improvement and use of the Systems and shall describe the methods of funding, and or
financing, the Systems.
A. Content. The Systems Plans shall address the following:
i. The design, construction, operation, marketing, public relations,
maintenance, expansion and lifecycle replacement costs of the Systems and
Systems Components;
ii. Identification of the specific Systems Components presently
owned by the Participants that will become part of the consolidated Systems
including any restrictions on the utilization of these Components;
rii. The terms under which Systems Components presently owned by
Participants will be available for use as part of the Systems;
iv. A valuation for all Systems Components presently owned by
Participants which will be available for use as part of the Systems;
v. User fees for the Systems;
vi. Identification of funding sources; and
vii. Those further matters described in paragraphs 7 through 13 of this
Agreement.
B. Negotiation of Contracts. The Board, as part of the Systems Plan, shall
ne�otiate but not execute contracts with vendors, Participants and others as necessary to
fully evaluate developmental, marketing, public relations, operational and maintenance
costs of the Systems. None of these contracts shall be finally approved for execution and
delivery by the Board until the Systems Plans are approved by the Board and the Board
makes a determination to implement the Systems Plans.
C. Comment Period; Adoption. Following the preparation of the Systems
Plans, the Board shall designate a period, of not fewer than 90 days, during which
members of the Board and Participants may provide comments to the Board regarding the
proposed Systems Plans. After the comment period has expired, the Board may adopt the
Systems Plans as proposed or with revisions addressing comments received; reject the
Systems Plans or postpone consideration.
D. Withd�awal. Following adoption of the Systems Plans, the Board shall
notify Participants of a date, not fewer than 60 days after the date of the notice, by which
Participants may withdraw from participation in the Board without incurring any
financial obligation beyond the payment of its initial Participation Fee. Participants who
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wish to withdraw shall provide written notice to the Board within such period, and may
withdraw effective immediately.
7. Acquisition of Interests in System Components. As will be further described in
the Systems Plans, the Participants anticipate that the Board and other Participants will
acquire interests in the use of Systems Components as follows.
A. As part of the Systems Plan, the Board will identify Systems Components
as to which Participants will grant to the Board and other Participants IRUs with
qualifiers, each of which will have an initial term of 10 years, with two five-year
renewals, which shall be automatic unless the Board affirmatively decides not to renew.
In connection with, and as a part of the grant of, each IRU, the Participant will grant to
the Board all rights necessary or convenient for the Board to operate the Systems within
the geographic boundaries of the Participant. The preceding sentence is not intended to
grant to the Board prior approval of any permits required to be obtained in connection
with any System Components to be constructed by the Board, provided however that
such permits will not unreasonably be withheld by any Participant.
B. In connection with the grant by any Participant of an IRU to the Board for
the benefit of the Participants as to any Systems Component, the Board will assume
operating and maintenance costs and responsibilities with respect to such Systems
Component.
C. With the prior consent of the Board, Participants may terminate an IRU as
to any Systems Component owned by it with not less than two year's prior written notice
to the Board. The Board will consent to such termination unless the removal could render
the backbone to be less than carrier class or violate any Board contracts. The Participants
recognize that the two-year notice period is necessary and appropriate in order to permit
the Board to make alternative provisions for the continuance of service. The Board may
waive the two-year notice if it determines, in its sole discretion, that such termination will
not adversely impact the Systems.
8. Ownership of System Components. As will be further described in the Systems
Plans, the Participants expect ownership of System Components to be handled as follows.
A. Each Participant would retain whatever ownership interests it has in
Systems Components, subject to the interests it grants pursuant to IRUs or other
contractual arrangements.
B. The Board recognizes that Participants may have partial ownership
interests in System Components, or may have granted to third parties certain interests in
such assets, which may limit their ability to dedicate ar grant IRUs in such Components.
C. It is not anticipated that the Board will have underlying ownership of
System Components, but if deemed appropriate by the Board, it may construct and own
certain System Components.
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9. Expansion of S. st�ems. As will be further described in the Systems Plans, the
expansion of the Systems is expected to be handled as follows.
A. Each Participant will continue to have the ability to undertake and finance
additional System Components to be owned by it, however each additional System
Component shall be constructed consistent with standards established by the Board and
shall require the prior review and approval of the Board, in order to ensure that the
additions to the Systems will be undertaken in a coordinated manner.
B. It is also anticipated that the Board may undertake and finance additional
Systems Components on behalf of Participants, subjects to terms and conditions
acceptable to the Board and such Participants.
C. It is anticipated that Dakota County will expand the Backbone as
necessary to provide I-Net access to Participants without adequate access to the
Backbone. C-Net revenue associated with any such expansion by Dakota County will
inure to the benefit of the County.
D. The Board may provide tools for Participants to expand the Systems. The
Board may also issue bonds or obligations as permitted by law to finance such
expansions, with the approval of a Supermajority of the Board using Weighted Voting.
The Board or Participants may also seek financing through the CDA, which will be
within the complete discretion of the CDA to provide or not.
10. Operatin� and Maintenance Cost Sharing. As will be further described in the
Systems Plans, the Participants anticipate that Operating and Maintenance Costs would be
separated into their logical parts - for instance locate costs, fixed costs, monitoring costs,
system configuration cost, switch-related costs, relocation costs, break repair costs,
marketing costs, insurance, etc. Each cost category then would be shared by Participants
pro-rata based on distribution parameters appropriate for each category. As an example,
locate costs might be shared based on fiber-miles while marketing costs might be shared
based on an economic development parameter such as acres of commercial industrial
zoned land in the Participant's jurisdiction, with Dakota County sharing a fixed percentage.
The Systems Plans will also include provisions describing the manner in which capital
assets of the Systems will be replaced and the manner in which costs will be shared.
Payment by Participants of their allocable share of Operating and Maintenance Costs will be in
addition to the annual Participation Fee, although Participation Fees may be used by the Board to
offset a portion of the Operating and Maintenance Costs, as provided in the Systems Plan.
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11. Financing Backbone Completion Projects. As will be further described in the
Systems Plans, the Participants recognize that it is a high priority for Participants to
complete the "backbone" or "core ring" of the System to carrier class standards. The
Participants anticipate that a hierarchy of approaches will be used to fund any projects
necessary to complete the backbone, and that such funding, and that such approaches may
involve participation by for profit or nonprofit non-Participants. The anticipated priority of
financing is as follows:
A. First, Dakota County will seek financial assistance to construct the
applicable System Components, in which case the Dakota County would take title to such
System Components funded.
B. Second, the Participant may finance or otherwise fund and construct the
System Components on its own or in partnership with non-Participants and may retain
sole ownership or may share ownership with any such non-Participants.
C. Third, Dakota County may finance or otherwise fund and construct the
System Components on its own or in partnership with non-Participants, and may retain
sole ownership or may share ownership with any such non-Participants.
D. Last, in the event that no Participant determines to construct the necessary
System Components on its own, the Board may finance and construct the System
Components and may retain title thereto. To the extent that the Board constructs and
owns any System Components pursuant to this alternative, any C-Net fees related to such
System Components shall accrue to the Board. To the extent that debt service on any
bond or obligation issued by the Board to construct any System Components exceeds
available GNet revenues, such bonds or obligations will be paid by the Participants in
accordance with a plan to be approved by the Board using Weighted Voting.
12. Revenue Generation. As will be further described in the Systems Plans, the
Participants expect charges for use of the System to be handled as follows.
A. I-Net Usage and Charges. Each Participant may use the Systems to the
extent available within its boundaries for its own I-Net purposes on an unlimited basis, in
exchange for annual payment of its Participation Fee. Other than through the payment of
the Participation Fee, it is not anticipated that the Board will charge Participants far I-Net
usage of the Systems.
B. C-Net Revenues. The Board will establish and collect charges for use by
non-Participants of the C-Net, including different rates or charges for protected, versus
unprotected, services. Revenues, or net revenues, attributable to such charges will be
applied pursuant to the Systems Plans, which are anticipated to provide for allocation of
such revenues, or net revenues, to the Participant or Participants who own the Systems
Components being used.
C. Backbone Revenues. In connection with preparation of the Systems Plan,
and from time to time thereafter, the Board will make an initial determination of the
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percentages of the Backbone owned by the respective Participants to facilitate
distribution of the C-Net Revenues related to the use of the Backbone.
13. Establishment of a Relocation Pool; Submission of Capital Plans.
A. As further described in the Systems Plans, the Participants intend that the
Board establish, in connection with the first annual budget for the Board, a pool of funds
which will be made available, on terms described in the Systems Plans, to pay
Participants' costs associated with required relocation of any of their System
Components. Participants for whom such costs are paid would be required to reimburse
the pool, without interest, for costs paid from the pool within one year, provided that if
repayment within one year is unduly burdensome, then with the prior approval of the
Board, the Participant would be permitted to reimburse the pool, with interest at a rate
determined by the Board over a longer period, not exceeding five years.
B. In order to minimize the unexpected need to relocate facilities, each
Participant shall submit its Capital Improvements Plans relating to any System
Components to the Board for review and comment prior to adoption thereof.
14. Default; Remedies. Upon the occurrence of any default hereunder, the Board
and each Participant shall have any and all remedies available to it at law or in equity.
15. Limitation of Liablitv: Indemnification.
A. Limitation of Liability. As provided in Minnesota Statutes, Section 471.59,
Subd. 1 a, no Participant shall be liable for the acts or omissions of another Participant
participating in the Board, unless it has specifically agreed in writing to be responsible
for the same. For purposes of determining total liability for damages, each Participant and
the Board are considered a single governmental unit and the total liability for all of the
Participants and the Board shall not exceed the limits on governmental liability for a
single governmental unit as specified under Minnesota Statutes, Sections 466.04, Subd. 1,
or as waived or extended by the Board or all Participants under Minnesota Statutes
Sections 466.06; ar 471.981. This provision does not protect a Participant or the Board
from liability for its own independent acts or omissions not directly related to the exercise
of the Joint Powers under this Agreement. None of the Board ar any Participants shall
have the power hereunder to do any act or thing the effect of which is to create a charge
or lien against the property or revenues of the Board or another Participant, except as
expressly provided in herein or in any of the documents authorized herein.
B. Indemnification. Without limiting the foregoing subparagraph, to the
extent of any liability insurance carried by the Board and available for such purpose, the
Board shall defend, indemnify and hold harmless each Participant from any and all
liability arising from or as a result of: (i) any accident, injury to or death of any person or
loss or damage to property that may be directly or indirectly caused by the acts or
omissions of the Board; (ii) any act of the Board in the observation or performance of any
of its responsibilities, or any failure by the Board to perform any such responsibilities;
and/or (iii) any actions or inactions of Participants taken as a result of their membership
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in the Board. The Board shall not be required to indemnify any Participant against any
Losses that are caused by the negligence or misconduct of such Participant. The Board
shall carry liability insurance in amounts carried by entities engaged in similar
enterprises.
16. Termination of Board; Disposition of Assets. This Agreement may be
terminated, and the Board dissolved, upon the vote a Supermajority of the Board, using
Weighted Voting, and in connection with any such termination and dissolution, the Board
shall adopt a plan providing for the orderly disposition of assets and unwinding of
agreements of the Board. Such plan shall provide that following the disposition of any
assets owned by the Board and the payment of all obligations of the Board, any amounts
remaining shall be distributed to the Participants in proportion to the contributions made
by the respective Participants in place at the time of dissolution.
17. Amendments. This Agreement may be amended, at any time and from time to
time, by a Supermajority of the Board, using Weighted Voting. Notwithstanding the
foregoing, no amendment shall adversely affect the security for any bonds or obligations
issued by the Board and outstanding at the time of the amendment.
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page 103
IN WITNESS WHEREOF, each of the Participants has caused this agreement to be executed on its behalf
by its respective authorized ofiicers, all as of the date first above written.
DAKOTA COUNTY, MINNESOTA
By
Its
[Additional Participant Signature Pages to be added.]
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Concept
page 104
Schedule A
Dakota County Broadband
Initial Membership Fee Computations
One-third of costs borne by Dakota County Community Development Agency
One-third of costs borne by Dakota County
One-third of costs borne by cities of over 10,000 pro-rata on population
Estimated Costs
Contingency 15%
Total Estimated Step 2 Cost
CDA Share
County Share
City Share
City cost distribution based on % of total 11 city
population
% of
population population
Apple Valley 49,084 12.94%
Burnsville 60,306 15.90%
Eagan 64,206 16.93%
Farmington 21,086 5.56%
Hastings 22,172 5.84%
Inver Grove
Heights
Lakeville
Mendota Heights
Rosemount
South St Paul
West St Paul
Total Cities >
10,000
33,880
55,954
11,071
21,874
20,160
19,549
379,342
8.93%
14.75 %
2.92%
5.77%
5.31%
5.15%
100.00 %
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MINNESOTA/2003654.0005/ 12420934.6
$
148,490.00
22,273.50
170,763.50
56,921.17
56,921.17
56,921.17
7,365.17
9,049.06
9,634.26
3,164.00
3,326.96
5,083.77
8,396.03
1,661.23
3,282.25
3,025.06
2,933.37
56,921.17
SCHEDULE B
Dakota County Broadband Joint Powers Board
Administrative Funding Plan Elements with Estimated Costs
Step 1
Meetings Support1
Legal Services2
Preparation of Administrative Funding PIan3
Determination of Initial Participant Fees4
Subtotal Step 1
Step 2
Meeting Supports
Legal Services6
Preparation of Systems Plan
Inventory, Design, etc: $68,990
Balance of Systems Plan work: $15,000
Preparation of Systems Funding Plan
Additional consulting costs
Contingency
Subtotal Step 2
Grand Total Step 1 and Step 2
Participants Paid by
Costs Others
$7,500 CDA estimate
$10,000 CDA estimate
$1,700 CDA estimate
$850 CDA estimate
$20,050
$8,000 CDA estimate
$8,000
$83,990
$ 51, 500
$5,000
$22,274
$170,764 $8,000
$170,764 $28,050
page 105
Elert 4/17/15 proposal, all options
Design Nine - assumed split
Design Nine - assumed split
Estimate
Note 1- Assumes 3 months at $2,500/month
Note 2- Assumes 50 hours at $200/hour
Note 3- Assumes 20 hours at $85/hour
Note 4- Assumes 10 hours at $85/hour
Note 5- Assumes 4 months at $2,000/month
Note 6- Assumes 40 hours at $200/hour - Prep of IRU's and other agreements and other consultation
15
MINNESOTA/2003654.0005/ 12420934.6