2012-11-20 Council PacketCITY OF MENDOTA HEIGHTS
CITY COUNCIL AGENDA
November 20, 2012 — 7:00 p.m.
Mendota Heights City Hall
1. Call to Order
2. Roll Call
3. Pledge of Allegiance
4. Adopt Agenda
5. Consent Agenda
a. Acknowledgement of October 30, 2012 City Council Minutes
b. Acknowledgement of October 30, 2012 City Council Workshop Minutes
c. Acknowledgement of November 14, 2012 Canvassing Board Minutes
d. Acknowledgement of November 14, 2012 Airport Relations Commission Minutes
e. Receipt of October 2012 Fire Synopsis Report
f. Approval of End of Firefighter Probationary Period
g. Approval of Sign Permit - 750 Main Street
h. Approval of Sign Permit - 1355 Mendota Heights Road
i. Approval of Resolution Accepting Gifts to the Police Department
j. Change of Date for January 1, 2013 City Council Meeting
k. Authorization to Hire Seasonal Rink Flooders
I. Approval of Resolution Entering Into 2013 Joint Powers Agreement for Recycling
Funding
m. Approval of Resolution Community Development Block Grant Application
n. Approval of Revised Flexible Benefits Plan
o. Accept Insurance Committee Recommendation on Supplemental Insurance Plans
p. Renewal of Joint Powers Agreement Establishing Lower Mississippi River
Watershed Management Organization with Second Amendment
q. Receive September and October Treasurer's Reports
r. Approval of Contractors List
s. Approval of Claims List
6. Public Comments
7. Unfinished and New Business
a. Planning Case 2012 -13, Commercial Property Maintenance Code
8. Council Comments
9. Adjourn
page 2
5a.
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, October 30, 2012
Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota
Heights, Minnesota was held at 7:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights,
Minnesota.
CALL TO ORDER
Mayor Krebsbach called the meeting to order at 7:00 p.m. The following members were present:
Councilmembers Duggan, Povolny, Petschel, and Vitelli.
PLEDGE OF ALLEGIANCE
Council, the audience, and staff recited the Pledge of Allegiance.
AGENDA ADOPTION
Mayor Krebsbach presented the agenda for adoption. Councilmember Duggan moved adoption of the
agenda.
Councilmember Vitelli seconded the motion.
Ayes: 5
Nays: 0
CONSENT CALENDAR
Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and
approval. Councilmember Duggan moved approval of the consent calendar as presented and
authorization for execution of any necessary documents contained therein.
a. Acknowledgement of October 16, 2012 City Council Minutes
b. Acknowledgement of October 23, 2012 Planning Commission Minutes
c. Setting Date of Meeting to Canvass Election Results
d. Accept Resignation of Police Support Specialist Sandra Ristine
e. Authorize Recruitment Process for Police Department Support Specialist
f Approval of Assessment Deferral Request — 1869 Eagle Ridge Drive, Unit #8
g. Authorize Purchase of Sewer Utility Department Portable Generator
h. Authorize Purchase of Public Works Garage Backup Generator
i. Award of Contract for Storm Sewer Improvements
j. Receipt of October 2012 Building Activity Report
k. Approval of Contractors List
1. Approval of Claims List
October 30, 2012 Mendota Heights City Council Page 1
Councilmember Petschel seconded the motion.
Ayes: 5
Nays: 0
PUBLIC COMMENTS
There were no public comments.
page 3
PRESENTATION
A) PROPOSED PERFORMANCE BASED NAVIGATION PROCEDURES AT MSP
INTERNATIONAL AIRPORT — CHAD LEQVE (METROPOLITAN AIRPORTS COMMISSION)
AND CARL RYDEEN (FEDERAL AVIATION ADMINISTRATION)
Mr. Chad Legve of the Metropolitan Airports Commission introduced colleagues that were with him;
Mr. Carl Rydeen, Assistant Air Traffic Manager at MSP; Ms. Colleen Buckner, Air Traffic Manager at
MSP; Mr. John McClung, MAC Commissioner; Ms. Deanna Nelson, Staff Member; and Mr. John
Bergman, at -large Noise Oversight Committee (NOC) Representative.
Mr. David Sloan, Chair of the Mendota Heights Airport Relations Commission introduced the
commission members who were also present; Mr. Jim Neuharth, Mr. Bill Dunn, Mr. Kevin Byrnes, Ms.
Sally Lorberbaum, and Ms. Gina Norling.
Mayor Krebsbach acknowledged the City' s NOC Representatives, Ms. Liz Petschel and Mr. Ultan
Duggan.
Councilmember Duggan also acknowledged the attendance of former councilmember Mr. John
Hartman.
Mr. Legve presented information on a new development forthcoming at MSP, specifically Performance
Based Navigation. This is an initiative to leverage new navigation technology onboard aircraft and to
modernize operations in the air space around the airport and from a national level.
Mr. Legve shared a graphic outlining the three tracks of aircraft transition;
• Currently, aircraft transition the air space around the airport through Vectored Operations; a
controller tells the pilot what altitude to fly and what heading to fly in and the pilot complies with
those instructions. These operations are influenced by winds and other forces of Mother Nature,
which can sometimes push an aircraft off course and outside of the corridor compliance area.
• Area Navigation (RNAV) is the next step in aircraft navigation where aircraft can actually use
navigation inputs from either ground based navigation aids or space based satellite navigation aids,
and onboard instrumentation to navigate from way -point to way -point very accurately, compensate
for wind drift and fly a reproducible track over the ground.
October 30, 2012 Mendota Heights City Council Page 2
page 4
• The next step is the Required Navigation Performance (RNP) includes additional levels of
monitoring and crew training that tightens up the performance and reproducibility of the flight track
and the aircraft operation.
RNAV and RNP represent the spectrum of what is referred to as Performance Based Navigation and is
one of the critical elements of the FAA's next generation air transportation system, typically referred to
as NextGen. This also opens up opportunities for other types of navigation operations that help reduce
impact. One of those is Optimize Profile Descent (OPD), which is possible because of the way that
operations could be deconflicted from one another, departure streams and arrival streams, allowing the
aircraft to descend in constant glide path to the runway with their throttles back, reducing noise and
aircraft emissions and fuel burn.
Mr. Leqve gave a brief background on the Noise Oversight Committee's focused efforts on taking a
look at navigation technologies that are available to try to enhance existing noise abatement procedures
at the airport and vectored operations, tighten up performance, maintain operations, and more
compatible lane uses around the airport to reduce impact. It became evident that RNAV was one of
those technologies that represented an opportunity to enhance noise abatement procedures at the airport
as well as the OPD. There were two existing vector noise abatement procedures that they focused on;
Mississippi River Valley Departure Operation from runway 17 and the other was the crossing in the
Eagan /Mendota Heights departure corridor.
They did some flight testing for the runway 17 procedures and as a part of that process, the FAA made
the determination that MSP was a great candidate for an airspace wide RNAV design and
implementation process.
When the FAA decided to move forward with the air space flight initiative, the NOC took it upon
themselves to develop a list of criteria that were specifically related to noise. This list was to be
forwarded to the FAA and be considered and incorporated in their design and implementation processes
as they moved forward with the air space wide initiative. The list of criteria was forwarded to the FAA
on March 22, 2011.
Mr. Carl Rydeen explained that the team that did the design of the RNAV procedures was made up of
members of the air traffic control tower staff, approach control staff, the in -air traffic control center
staff, the airline industry, and many other members of the FAA design team from Washington.
There were three general premises that the group used in designing these procedures:
• Maximize the NextGen efficiencies
• Maximizing safety
• Minimize noise exposure
Mr. Rydeen shared a map outlining the existing arrival and departure routes, which will not change
under RNAV. They will just be more predictable. He shared maps outlining where the aircraft would
be flying over the ground during these procedures. Mr. Rydeen explained that all of the airplanes taking
off on this procedure will climb to five hundred feet before they commence a turn, if they do turn. They
will be unable to turn earlier than the procedures allow.
October 30, 2012 Mendota Heights City Council Page 3
page 5
Councilmembers asked questions regarding Crossing -in- Corridor actions and reports, which metrics
would be beneficial for the Airport Relations Commission to review, and the concentration of the flight
tracks.
Mayor Krebsbach then opened the floor for questions from residents:
Q: Why was the month of July 2012 chosen as the time period to collect the data used?
A: July is the peak month of the year. So the data shows the average day during the peak month at the
airport.
Mayor Krebsbach asked what differences the average resident would notice. Mr. Leqve replied that it
would most likely be the reproducibility piece. The fact that the planes will not be as subject to the
forces of Mother Nature in terms of their drift as in the past. Also, the reduction in carbon emissions
and the reduction in fuel burn will be noticeable.
Councilmember Povolny asked if the requirement for smaller regional jets to do a wheels -up ninety
degree turn off the end of 12 -left further out into the corridor would change. Mr. Leqve replied that it
would not change.
Mayor Krebsbach asked if this would help with increased capacity at some point. Mr. Leqve replied the
RNAV would not increase or decrease capacity at MSP; it would not allow more planes to take off per
hour.
UNFINISHED AND NEW BUSINESS
A) PLANNING CASE 2012 -29: REQUEST FOR A VARIANCE FOR MORE THAN THREE
GARAGE DOORS, DANIEL FLEISCHHAKER, 1018 OVERLOOK ROAD
Assistant to the City Administrator Jake Sedlacek explained that Mr. Fleischhaker was granted a
conditional use permit for a garage greater than 1,200 square feet in size. In terms of location, the
property is located just north of Marie Avenue on Overlook Road. As part of his original application
Mr. Fleischhaker requested two double garage doors. City Code limits the number of garage doors to
three doors, which could be three singles or a double and a single with the single door being limited to
twelve feet in width.
When looking at a variance, staff and Council look at whether or not the use is reasonable, and whether
or not a practical difficulty exists in utilizing the property. A practical difficulty is defined by a
circumstance which is unique to the property, is not created by the applicant, and it must be consistent
with the character of the community or the neighborhood.
The Planning Commission did not feel that the variance criteria were met and ultimately voted to
recommend denial of the variance.
There were no comments at the public hearing but staff did receive a call from a resident, Mr. George
Bojanov of 1030 Overlook, who expressed his support.
October 30, 2012 Mendota Heights City Council Page 4
page 6
Councilmember Duggan asked if the conditions were different for a home that sits on two streets, as in
this case a corner lot. Assistant Administrator Sedlacek replied that the rule applies to any residential lot
in Mendota Heights, regardless of frontage. Per code, three doors is the maximum allowed.
Councilmember Duggan moved to Adopt a Resolution Approving a Variance for More than Three
Garage Doors at 1018 Overlook Road, Planning Case 2012 -29, for the following reasons:
• The home is situated on two streets
• There are major inconsistencies in the application of the standard for garage doors throughout the
city
• It would fit with the neighborhood both in character and size, especially since the large trees are
being retained and a large portion of the existing landscaping would remain
Councilmember Povolny seconded the motion.
Councilmember Petschel asked City Attorney Tami Diehm what position the Council would be in if
they grant a variance with no hardship. City Attorney Diehm replied that, as Assistant Administrator
Sedlacek pointed out, there was a change in the statute within the past twenty -four months that moved
away from the hardship language to the practical difficulties language. The Council still needs to look at
each case separately and determine whether or not there is a practical difficulty. It should be something
that is unique to this property, not within the control of the applicant, and makes this a unique
circumstance in which a variance would be allowed.
Councilmember Duggan commented that when looking on the side towards the 1794 lot, the applicant
could not possibly add anything to that side if the issue is additional garage space. This is the only place
the applicant can actually add additional garage space to his house. He believes it is consistent in
character to the neighborhood.
Councilmember Vitelli stated he could not support this request simply because there is no hardship and
he does not want to set a precedent. He believes the Council should look at revising the ordinance.
Mayor Krebsbach stated that she would also not be in support of the variance but would be in favor
taking a look at the code language so the Council would not be designing as they go. It could be
something for the Council to look at during the January goal setting session.
Mr. Daniel Fleischhaker stated that going to a single door on essentially a four -car garage really is out of
character and does not fit with the neighborhood. His request fits architecturally with the style of the
homes in the neighborhood as well as his own home. Even though they did not attend the public
hearing, he did receive twenty -three signatures of residents in the area in support of the four doors.
City Administrator Justin Miller added that if the Council is intending to pass or at least consider the
motion for approval, then the Council needs to consider the documented findings of fact for approval
and have them for the record.
October 30, 2012 Mendota Heights City Council Page 5
page 7
City Attorney Tami Diehm read the Findings of Fact in support of approval of the variance as follows:
1. The proposed garage meets all zoning requirements for setback, size, and finished materials
2. The proposed landscaping is such that the garage doors would likely be screened from adjacent
property and rights -of -way
3. The configuration of the garage and orientation of the doors is consistent with the intent of the
zoning ordinance
4. The fact that the property abuts two streets creates a practical difficulty that is unique to the property
5. The proposed garage improvements are not out of character with the locality or neighborhood in
which the property is located
Councilmember Duggan approved adding the Findings of Fact as read to be part of his original motion.
Ayes: 3
Nays: 2 (Petschel and Vitelli)
B) PLANNING CASE 2012 -28: REQUEST FOR A CONDITIONAL USE PERMIT FOR AN
INDOOR TRAMPOLINE PARK, CURT SKALLERUP, 2250 PILOT KNOB ROAD
Assistant to the City Administrator Jake Sedlacek explained that this is a request to create an indoor
trampoline park inside of an existing building located at 2250 Pilot Knob Road. The front half of the
building is currently occupied by a company called Restaurant Technologies, Inc. A trampoline park is
not clearly defined within the code. Planner Grittman and others felt it would qualify under a
conditional use permit as a participative athletics use. Considerations to be discussed include the impact
upon the area such as traffic, parking, lighting, and signage. The Planning Commission discussed this
and was in support but asked the applicant to provide more detail on traffic and parking requirements.
The applicant did provide that information and the Planning Commission voted to recommend approval
of the conditional use permit. There were no comments at the public hearing.
Councilmember Duggan expressed his concern about lighting in the parking lot area, especially
considering the time of year as it gets dark earlier and the fact that most of the participants would be
younger. He also mentioned signage and pavement markers, in which he is in agreement with. He
expressed concern about doors to the building that do not have handles on them and are totally
inaccessible. He also asked how high the ceiling was inside and would it be conducive to this use.
Assistant Administrator Sedlacek replied that lighting is an issue that can be brought up as a part of this
conditional use. Currently, the parking lot is lit but he is unaware to what extent. As for the height of
the ceiling, that is not something staff would typically look at but it would be something the owner
would likely look at.
Councilmember Petschel stated her concern with the traffic corning and going from the site, and possible
truck and business traffic competing with the children being dropped off. Assistant Administrator
Sedlacek replied that staffs primary concern would be the competing traffic and safety issue, and is the
use compatible in terms of impacts on the area. The applicant did provide their estimates as to how
many parking spots would be needed, about how many traffic movements are going to come in and out
October 30, 2012 Mendota Heights City Council Page 6
page 8
and at what time of day. Those times are not in conflict with the heavy trucking periods in the area and
staff is confident that there is ample parking to handle the number of cars the applicant has indicated.
Councilmember Duggan mentioned that the southern part of the parking lot is more for cars and the
north parking lot area is more for trucks. Assistant Administrator Sedlacek confirmed that truck traffic
is almost completely on the northern side. There would be clear signage on the south entrance, where
parents would be dropping off.
Mr. Curt Skallerup stated, in regards to the height of the ceiling, that the height is twenty -four feet. To
get the insurance the ceiling had to be above twenty feet. With regards to the parking, there would be
nobody other than perhaps employees parking on the back side where the trucks go. Also, there will be
a new front entrance with two lanes of traffic. As for the parking lot lighting, they have discussed
adding additional lighting inside and outside so everyone would feel safe.
Councilmember Duggan asked about bathrooms and changing areas. Mr. Skallerup answered that there
would be no changing areas. People come, take their shoes off, and there would be lockable external
lockers for shoes and valuables. There would be separate women's and men's bathrooms.
Mayor Krebsbach asked for confirmation on the hours of operation. Mr. Skallerup confirmed they
would be open until 9:00 p.m. Monday through Thursday, until 12:00 a.m. on Fridays and Saturdays,
and until 8:00 p.m. on Sundays.
Mayor Krebsbach asked why they chose Mendota Heights as a location. Mr. Skallerup stated that they
had originally looked at properties in Eagan but this property seemed clean and the facility was new.
The owner is willing to put money into it to make it nice and fresh.
Councilmember Duggan moved to adopt a Resolution Approving a Conditional Use Permit for an
Indoor Trampoline Park at 2250 Pilot Knob Road, Planning Case 2012 -28, with the following
conditions:
1. Hours of operation are limited to 11:00 a.m. to 9:00 p.m. Monday through Thursday, 9:00 a.m. to
12:00 a.m. Friday and Saturday, 11:00 a.m. to 8:00 p.m. Sundays
2. The applicant must submit a sign package for staff review
3. 60 parking spaces shall be designated for the conditional use
Councilmember Duggan also added the following conditions to the resolution:
4. A new entrance shall be designated for the conditional use
5. Appropriate lighting shall be installed for safety reasons
Councilmember Petschel seconded the motion.
Ayes: 5
Nays: 0
October 30, 2012 Mendota Heights City Council Page 7
page 9
C) PLANNING CASE 2012 -31: REQUEST FOR A CONDITIONAL USE PERMIT AND VARIANCE
FOR A GARAGE, DAVID AND KIM WILLIAMS, 755 WENTWORTH AVENUE
Assistant to the City Administrator Jake Sedlacek explained that this property is located at the corner of
Wentworth Avenue and Wachtler Avenue. Their new home was designed under the understanding of
the old code which allowed two double garage doors. The design that was submitted for the building
permit included a garage which was less than 1,200 square feet and featured two double wide doors.
The applicant is requesting a conditional use permit to expand the size of the garage and also a variance
to have two double wide garage doors, where current code only allows one double and one single door.
Assistant Administrator Sedlacek shared images of the proposed garage and explained that it would have
two bays. Garage one would be 872 square feet and garage two, which included a dividing wall, would
be a cold storage area. So the request is to not change the footprint of the building. They are simply
requesting to remove the dividing wall so the entire building would be used as garage space.
The variance request is for two double garage doors, one for each bay. This an attached garage with a
breezeway and has been integrated into the roofline.
The Planning Commission felt that the conditional use permit for a garage up to 1,500 square feet was in
fitting with the character of the area and they recommended approval.
The Planning Commission felt that the variance was a reasonable request but that the applicant did not
meet the criteria for granting the variance for two double garage doors.
Mayor Krebsbach stated for clarification that this is a 7,800 square foot house.
Councilmember Petschel stated that because of the action taken earlier for another resident, the Council
should grant these double garage doors also. She stated she did not have an issue with two double
garage doors but is uncomfortable ignoring what is in the City Code. She stated she would be in favor
of reviewing the language in the code.
Mayor Krebsbach replied that one of the challenges is the approval of the conditional use which allows
that size of a garage and then not having the garage doors that work with it. It is a very conflicting set of
circumstances and she would be going on City Attorney Diehm's point and also that the challenge in
terms of difficulty using the property.
Councilmember Duggan commented that the difference between this property and the prior one is that
Mr. Fleischhaker's sits on a corner lot and is very visible all of the way around with lots of houses.
However, 755 Wentworth is located in a neighborhood unto itself; it has its own character. The nearest
house is probably 1,000 feet or more away. Council member Duggan stated he is in favor of granting
this request.
Mayor Krebsbach asked City Attorney Tami Diehm to explain practical difficulties. City Attorney
Diehm explained that the Council packet includes findings of fact for the approval of the variance and
the conditional use permit.
October 30, 2012 Mendota Heights City Council Page 8
page 10
Councilmember Povolny stated that, given its size, this home should have a decent size garage on it.
The garage is an extension of the house.
Assistant Administrator Sedlacek explained that the conditional use permit would allow for a deeper bay
regardless of the variance. The variance itself is just for allowing two double sized garage doors.
Councilmember Vitelli moved Adoption of Resolution to Approve Conditional Use Permit for Garage
Greater Than 1,200 feet at 755 Wentworth Avenue, Planning Case 2012 -31.
Councilmember Petschel seconded the motion.
Ayes: 5
Nays: 0
Assistant Administrator Sedlacek explained that the Planning Commission is recommending denial of
the variance request; however, the planner did provide staff with draft findings for approval of a
variance. So if the Council would wish to approve the variance, the planner has drafted the findings as:
1. The proposed garage meets all zoning requirements for setback, size and finish materials.
2. The size of the site and the proposed garage location are such that the two double garage doors will
not be visible from adjacent property and rights -of -way.
3. The configuration of the garage and orientation of the garage doors is consistent with the intent of
the ordinance limitation on garage door size.
4. The provisions of the Zoning Ordinance have imposed a practical difficulty upon the applicant
which prevents use of the property in a reasonable manner.
5. The practical difficulties resulting from the provisions of the Ordinance are unique to the subject
property.
Councilmember Duggan moved to adopt a Resolution Approving a Variance for More than Three
Garage Doors at 755 Wentworth Avenue, with the findings as stated above.
Councilmember Povolny seconded the motion
Ayes: 4
Nays: 1 (Petschel)
Councilmember Petschel stated that the reason for her denial was for consistency sake and she would
like the City Council to review the City Code on garage doors.
COUNCIL COMMENTS
Councilmember Petschel commented that she had her new water meter put in. The installer arrived on
time, the process took only twenty minutes, was painless, and she encouraged everyone to sign up to get
theirs replaced.
Councilmember Duggan wished Mayor Krebsbach good luck in the mayoral race.
October 30, 2012 Mendota Heights City Council Page 9
page 11
City Administrator Justin Miller reminded residents that the bonfire is scheduled for October 31. The
site has been closed off and staff is not accepting any new debris. Paster Enterprises and the fire
department are all set and the bonfire is scheduled to be set off at 7:00 p.m.
Mayor Krebsbach expressed her appreciation to staff for the preparation of the documents for this
meeting. The Council had a workshop prior to this meeting, where it is a good opportunity for Council
to discuss things such as ordinances. She also stated that Councilmember Petschel's comments were
well noted.
ADJOURN
Councilmember Duggan moved to adjourn.
Councilmember Vitelli seconded the motion.
Ayes: 5
Nays: 0
Mayor Krebsbach adjourned the meeting at 8:40 p.m.
Sandra Krebsbach
Mayor
ATTEST:
Lorri Smith
City Clerk
October 30, 2012 Mendota Heights City Council Page 10
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Council Workshop
Held Tuesday, October 30, 2012
page 12
5b.
Pursuant to due call and notice thereof, a workshop of the City Council, City of Mendota Heights, Minnesota
was held at 5:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota.
CALL TO ORDER
Mayor Krebsbach called the meeting to order at 5:00 p.m. The following members were present:
Councilmembers Duggan, Povolny, Petschel and Vitelli. Also in attendance were City Administrator Justin
Miller, City Engineer/Public Works Director John Mazzitello, and Assistant to the City Administrator Jake
Sedlacek.
2012 MENDOTA HEIGHTS PAR 3 OPERATIONS REVIEW
Clubhouse Manager Jen Zweber shared her thoughts on the golf season. She indicated that overall reviews
of the course and season were positive, but added marketing would assist in bringing more revenue to the
course. Suggested improvements included a hitting net, hole sponsors, and sponsorships for tournaments.
Councilmembers asked questions about how the reduction in program participants may correlate with overall
park and recreation trends as well as other improvements that may be implemented for next year. Miller and
Sedlacek indicated their satisfaction with Zweber's handling of the clubhouse operations this year and hoped
that she would be able to return in 2013.
DISCUSSION OF UNDEVELOPLED LOTS AT TOWN CENTER
Miller and Sedlacek reported that there has been an uptick in inquiries about the undeveloped lots at Town
Center and wanted to get direction from the council on how they wished to proceed. Council asked about
potential uses and the level of interest in the site from various users. Miller indicated that options included
getting an appraisal of the property as well as listing it with a broker. Councilmember Vitelli suggested that
staff meet with Ross Feffercorn to see what his thoughts were on the best use of the property. Staff agreed to
continue to move forward and report back to council about development possibilities.
DISCUSSION OF DRAFT COMMERCIAL PROPERTY MAINTENANCE CODE
Sedlacek presented the history on this item including the most recent planning commission discussion.
Council expressed individual concerns and comments regarding the existing draft and questioned staff about
specifics such as timing, enforceability, and wording. Council directed staff to bring the draft back to a
regular council meeting for city council review and potential approval.
ADJOURN
Mayor Krebsbach adjourned the meeting at 6:40 p.m.
Sandra Krebsbach
Mayor
ATTEST:
Lorri Smith, City Clerk
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
STATE OF MINNESOTA
Minutes of the Canvassing Board Meeting
Wednesday, November 14, 2012
page 13
5c.
Pursuant to due call and notice thereof, the canvassing meeting of the City Council, City of
Mendota Heights, Minnesota was held at 9:00 a.m. at City Hall, 1101 Victoria Curve, Mendota
Heights, Minnesota.
CALL TO ORDER
Acting Mayor Vitelli called the meeting to order at 9:00 a.m. The following members were
present: Councilmembers Duggan, Petschel, and Vitelli. Absent were Mayor Krebsbach and
Councilmember Povolny.
RESULTS CANVASSING
City Administrator Justin Miller reviewed the results of the 2012 general election for the offices
of mayor and city councilmember. The results presented showed that Sandra Krebsbach was
elected to the office of Mayor for a two year term. Mike Povolny and Steve Norton were each
elected to the City Council for four year terms.
Councilmember Duggan moved adoption of Resolution 12 -96, "CANVASSING THE
RETURNS OF THE NOVEMBER 6, 2012 GENERAL ELECTION."
Council member Petschel seconded the motion.
Ayes: 3
Nays: 0
ADJOURN
There being no further business to come before the canvassing board, Councilmember Duggan
moved to adjourn the meeting. Council member Petschel seconded the motion.
Ayes: 3
Nays: 0
The meeting was adjournment was 9:05 a.m.
Jack Vitelli
Acting Mayor
ATTEST
Lorri Smith, City Clerk
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
AIRPORT RELATIONS COMMISSION MINUTES
November 14, 2012
page 14
5d.
The regular meeting of the Mendota Heights Airport Relations Commission was held on Wednesday,
November 14, 2012 at 7:00 p.m. at 1101 Victoria Curve, Mendota Heights, MN.
The following commissioners were present: David Sloan, Kevin Byrnes, William Dunn, Paul Portz, Jim
Neuharth, Sally Lorberbaum, and Gina Norling
Absent: Gretchen Keenan (excused)
Also present: City Administrator Justin Miller
Approval of Minutes
Neuharth made a motion, seconded by Dunn, to approve the September 12th minutes as approved - all voted in
favor.
PBN /RNAV Discussion
Chair Sloan stated that since the last ARC meeting, three important events had occurred in relation to the
airport's implementation of RNAV. First, there was a presentation by MAC and FAA staff to the city council
on October 30 "' Second, two open houses were held for public input, one being held in Eagan. Finally, the
NOC approved a motion at their November 14th meeting that stated the FAA met the conditions asked of them
when proposing the RNAV program. Neuharth noted that he felt the commission should keep a close eye on
the complaint reports to see the impact on Mendota Heights residents. Norling suggested that the city may want
to approach the FAA and MAC about corning up with an alternative heading once the program is deployed and
we see how it is impacting the city.
2013 Commission Workplan
Chair Sloan suggested that the commission review the existing plan during the month of December and that the
first item of business at the January meeting be discussion of the 2013 workplan. The commission agreed to
review the plan on their own over the next two months.
Invitation to Eagan "State of the Airport" Address
The commission discussed the invitation sent by the City of Eagan for their May 8th State of the Airport
presentation by MAC Executive Director Jeff Hamiel. Lorberbaum made a motion, seconded by Portz, to
accept the invitation and to replace the May ARC meeting with this presentation. Lorberbaum also suggested
that Miller discuss with Eagan staff the possibility of having the presentation televised on their cable channel.
Acknowlede.e Receipt of Various Reports /Correspondence
The monthly reports for September 2012 were acknowledged and commissioners updated their respective areas
of focus. Specifically Norling noted in increase in events over the 80dB threshold at monitoring site #23 and
asked staff to inquire with MAC about what appeared to be erroneous arrival events showing up as loud noise
events.
Adiourn
Dunn made a motion, seconded by Neuharth, that the meeting be adjourned. All voted in favor. Meeting
adjourned at 8:25 pm.
page 15
1101 u i Ha Curve Mendota '4N1 55115
6514521850 h;nr 651.4 z
CITY OF
MENDDTA HEIEHTS
DATE: November 20, 2012
TO: Mayor, City Council and City Administrator
FROM: Dave Dreelan, Assistant Fire Chief
SUBJECT: October Synopsis
Fire Calls
5e.
The department responded to 14 calls for the month. Only one call was a residential alarm, of
the other calls, two were commercial alarms, two calls were gas leaks, five were EMS calls, one
call was an elevator rescue, one call was a mutual aid call to Inver Grove Heights and two calls
were for car fires.
Monthly Department Training
The monthly department training was a standpipe drill conducted at the Lexington Heights
Apartments. When fire departments attack a fire in a multi - family dwelling the tactics can differ
greatly from a fire in a single family structure. One of the main differences is the attack line is
not stretched from the pumper. Crews carry a 100' section of hose called an apartment pack or
hi -rise bundle into the property and attach it to a stand pipe near the fire and begin their fire
attack from that point. The pumper locates the fire department connection on the outside of the
building and pressurizes the stand pipe system by pumping water into it.
Monthly Squad Training
The squad training for the month was a drill that had the firefighters rotating between three skill
stations. The first skill station was a ventilation station where firefighter reviewed the operation
of a new ventilation fan. The second station was a review of our forcible entry tools and the
third was a review of our RIT pack (rapid intervention team). The RIT pack is a specialty
designed pack that carries an auxiliary air supply and other specialized tools that would be
needed to rescue a trapped firefighter.
MENDOTA HEIGHTS FIRE DEPARTMENT
OCTOBER 2012 MONTHLY REPORT
FIRE CALLS NO. 12165 - 12178
NUMBER OF CALLS: 14
page 16
FIRE ALARMS DISPATCHED:
ACTUAL FIRES
Structure - MH Commercial
Structure - MH Residential
Structure - Contract Areas
Vehicle - MH
Vehicle - Contract Areas
Grass /Brush /No Value MH
Grass /Brush /No Value Contract
MEDICAL
Assist
Extrication
HAZARDOUS SITUATION
Spills /Leaks
Arcing /Shorting
Chemical
Power Line Down
FALSE ALARM
Residential Malfunction
Commercial Malfunction
Unintentional - Commercial
Unintentional - Residential
Criminal
GOOD INTENT
Smoke Scare
Steam Mistaken for Smoke
Other
MUTUAL AID
TOTAL CALLS
NUMBER
1
4
1
1
1
1
4
1
14
STRUCTURE CONTENTS
MISC. TOTALS TO DATE
TOTAL MONTHLY FIRE LOSSES
$0
$0
$0
$28,000
$10,120
$16,000
$61,300
$0
FIRE LOSS TOTALS MENDOTA HEIGHTS
ALL FIRES, ALL AREAS (MONTH)
$0 $115,420
MEND. HTS. ONLY STRUCT /CONTENTS
MEND. HTS. ONLY MISCELLANEOUS
MEND. HTS. TOTAL LOSS TO DATE
$38,120
$300
$38,420
LOCATION OF FIRE ALARMS: TO DATE
MENDOTA HEIGHTS 8
MENDOTA 1
SUNFISH LAKE 1
LILYDALE 3
OTHER 1
TOTAL
14
149
3
8
15
3
178
LAST YEAR
137
2
18
17
9
183
BILLING FOR SERVICES
AGENCY THIS MONTH TO DATE
MN /DOT
MILW. RR
CNR RR
OTHERS:
TOTALS:
$0
$0
$0
$0
$0
$0
WORK PERFORME HOURS TO DATE
FIRE CALLS
MEETINGS
DRILLS
WEEKLY CLEAN -UP
SPECIAL ACTIVITY
ADMINISTATIVE 0
FIRE MARSHAL
TOTALS
333.5
39
176.5
32
607.5
3090
360.5
1548
352.5
2209
0
68.5 642.5
1257 8202.5
LAST YEAR
3300.5
399
1466
351.5
2246.25
0
431
8194.25
FIRE MARSHAL'S TIME FOR MONTH
INSPECTIONS
INVESTIGATIONS
RE- INSPECTION
MEETINGS
ADMINISTRATION
SPECIAL PROJECTS
TOTAL
45.5
10.5
4
8
0.5
68.5
REMARKS:
SEE OTHER SIDE FOR SYNOPSIS
page 17
1101 u i Ha Curve Mendota '4N1 55115
6514521850 h;nr 651.4 z
CITY OF
MENDDTA HEIEHTS
DATE: November 20, 2012
TO: Mayor, City Council and City Administrator
FROM: John P. Maczko, Fire Chief
SUBJECT: Completion of Firefighter Probationary Period
DISCUSSION:
5f.
On November 15, 2012, firefighters Kevin Gilbert, Barry Sommervold, and Dan Willems
will have completed their one year probationary period as firefighters on the Fire Department.
The Officers and I completed an evaluation of their continued employment. It was with
unanimous recommendation that Kevin, Barry and Dan be appointed to permanent positions.
All three Firefighters have completed their Firefighter I training and certification. They
have been active participants in all aspects of the Fire Department. While they have much to
learn, it is the feeling of the officers they are excellent assets for the Fire Department and will
serve the communities we protect very well.
RECOMMENDATION:
I recommend with unanimous support of the officers the permanent appointment of
Kevin Gilbert, Barry Sommervold, and Dan Willems as Firefighters.
ACTION REQUIRED:
If the Council concurs with my recommendation, they should pass a motion permanently
appointing Kevin Gilbert, Barry Sommervold, and Dan Willems to the Mendota Heights Fire
Department.
101
page 18
CITY OF
MENDOTA HEIGHTS
DATE: November 20, 2012
TO: Mayor, City Council & City Administrator
FROM: Paul R. Berg, Code Enforcement Officer
SUBJECT: Sign Permit Approval - 750 Main Street Suite # 108
5g.
BACKGROUND
De Mars Signs Inc. has submitted a permit application and associated colored depictions of the
signs proposed for a new business to be located at above address. The new business is called
GOGA STUDIOS. Please see attached colored depictions of the signs. Being proposed is
building illuminated wall sign containing 28 square feet of signage and a non - illuminated blade
type of sign containing six square feet of signage per side.
BUDGET IMPACT
N/A
RECOMMENDATION
Staff recommends approval of both signs as submitted.
page 19
City of
Mendota Heights
1101 Victoria Curve, Mendota Heights, Minnesota 55118 (651) 452 -1850 • Fax (651) 452 -8940
APPLICATION FOR ';;= ' °= niii m ®
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ACKNOWLEDGEMENT AND SIGNATURE:
The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Mendota Heights to
take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance
with the ordinance of the City of Mendota Heights, the State of Minnesota, and rulings of the Building Department.
tIA i7Vd
SIGNATURE
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page 22
6516 a2.,
5h.
CITY OF
MENDOTA HEIGHTS
DATE: November 20, 2012
TO: Mayor, City Council & City Administrator
FROM: Paul R. Berg Code Enforcement Officer
SUBJECT: Sign permit approval — 1355 Mendota Heights Road
BACKGROUND
Spectrum Sign Systems have submitted a sign permit application for sign face changes to
existing signs providing directional information to tenants in a multi tenant building located at
1355 Mendota Heights Road. Each sign will contain nine square feet of directional signage.
These signs will not be illuminated. Please see depiction of proposed sign face changes.
BUDGET IMPACT
N/A
RECOMMENDATION
Staff recommends approval of the signs proposed.
APPLICATION FO SIGN PER IT
page 23
City of
Mendota Heights
1101 Victoria Curve, Mendota Heights, Minnesota 55118 (651) 452-1850 (651) 452-8940
ACKNOWLEDGEMENT AND SIGNATURE:
The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Mendota Heights to take the action herein
requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances of the City of Mendota
Heights, the State of Minnesota, and rulings of the Building Department.
SIGNATURE
APPROVED
PERMIT FEE
$
SITE ADDRESS 01(
155 K.-ey-)C1,0 -.\-c-t- k---0 a- a
DATE OFAPPLICATION
\ CD -- SO -20 r2—
OWNER (Name) (Address) (Tel. No., Including Area Code)
1612- - 9 PLILI
W at Y10,-6 n \\NikyoLv hic,,-J-- 1 tiis .C--n ,1 -Pcs-k(-L bv■ \f-'2- ,
CONTRACT:A) (Name)
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(Address)
s,,,,L,,,,s ,92-7,-‘,
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Used As
(Tel. No., Including Area Code)
aL.11- ArE / cd 4 ig k1 SS A9
Building
i
Type of Building
Estimated Cost
c'23 00- 00
Contractor's City License
No.
Building Permit No.
TYPE OF SIGN 0 WALL El ROOF 0 PROJECTING f:4-e. 6 C P406.E -70 611/5111
OGROUND X 2., 0 MARQUEE 0 TEMPORARY r_i OTHER
MAX. DIMENSION 3 /0 11 )C 3' - 0 '' VERTICAL 3 FT. HORIZONTAL 3 FT.
SIGN AREA 9 SQ. FT. NO. OF SIDES DISTANCE FROM GROUND TO SIGN BASE 3 FT.
HEIGHT OF SIGN FT.
FT.
SETBACK OF SIGN FROM PROPERTY
ILLUMINATED 0 YES FANO
LINE
ALLOWABLE SIGN ARE ON PROMISES FT.
SKETCH OF SIGN
ACKNOWLEDGEMENT AND SIGNATURE:
The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Mendota Heights to take the action herein
requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances of the City of Mendota
Heights, the State of Minnesota, and rulings of the Building Department.
SIGNATURE
APPROVED
ei[ington
outhridge
6 -0"
3' -0"
3' -0"
orthern Contour
igital Planet
orthport Engineering Inc.
urag, Inc.
isk Enterprises
unonia
gager Sales Corp.
canna Freight Systems Inc.
A.
Furnish and Install (2) 3' -O" x 3' -O" 5/F Directional Signs
A. Metallic Silver Finish
B. First Surface Black Vinyl
page 24
SPECTRUM
SIGN SYSTEMS, INC
9278 Isanti St. NE
Blaine, MN 55449
763.432.7447 OFFICE
763.208.9159 FAX
www.spectrum-signs.com
CLIENT INFORM:
Wellington
Attn: Kathy Bayliss
1625 Energy park Dr.
Suite #100
St. Paul, MN 55108
PHONE.
651- 292 -9844
ITS
1355 Mendota Rd.
Mendota Heights, MN
vl ° e:NS;,
10 -18 -12
DESIGNER
Patrick Wolter
This drawing is the exclusive property
of Spectrum Sign Systems, Inc.lt is not
to be produced or duplicated without
the written consent of Spectrum Sign
Systems, Inc Distribution of this
drawing for the purpose ofwnst acting
the sign by anyone other than
Spectrum Sign Systems, Inc, is
strictly prohibited. If such an event
occurs Spectrum Sign Systems will
be reimbursed $1,000.00 per occurrence
Customer Approval
Date
1101 v t:
page 25
DATE:
TO:
FROM:
SUBJECT:
CITY OF
MENDOTA HEIGHTS
November 20, 2012
Mayor, Council and City Administrator
Mike Aschenbrener
5i.
Resolution Formally Acknowledging Receipt of Gifts to Police
Department
BACKGROUND
The city auditor has advised that Minnesota State Statute 465.03 "Gifts to municipalities"
requires all donations be acknowledged by resolution. This memo meets Minnesota State
Statutory requirements.
We received a phone call from Paige Krieger, a resident, who is in the process of moving into the
Summit of Mendota Heights. She wished to donate a Sun Cast folding picnic table. The table is
in excellent condition and folds flat, it will be kept in the PD garage.
In addition, we received a $50 donation to the Police Department from longtime resident and
police department supporter William "Bill" Wolston. The gift will be used to do something
related to the departmental history.
Thank you letters will be sent after the City Council formally accepts the gift.
BUDGET IMPACT
None.
RECOMMENDATION
If Council desires to implement the recommendation, pass a motion adopting Resolution No.
2012- : "RESOLUTION FORMALLY ACKNOWLEDGING THE RECEIPT OF THE
GIFTS FROM PAIGE KRIEGER AND WILLIAM `BILL" WOLSTON."
page 26
City of Mendota Heights
Dakota County, Minnesota
RESOLUTION NO. 2012-
RESOLUTION FORMALLY ACKNOWLEDGING THE RECEIPT OF GIFTS TO THE
CITY FROM PAIGE KRIEGER AND WILLIAM "BILL" WOLSTON
WHEREAS, the City of Mendota Heights desires to follow Minnesota Statute
465.03 "Gifts to municipalities "; and
WHEREAS, the Minnesota State Statute requires a resolution to accept gifts to
municipalities; and
WHEREAS, the City has previously acknowledged gifts with a resolution; and
WHEREAS, the City Council of the City of Mendota Heights have duly
considered this matter and wish to acknowledge the civic mindedness of citizens and
officially recognize their donations.
NOW THEREFORE BE IT HEREBY RESOLVED that the City Council of the City
of Mendota Heights is accepting donations from Paige Krieger of a Suncast picnic table
and $50 from William "Bill" Wolston.
Adopted by the City Council of the City of Mendota Heights this 20th day of November,
2012.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
By
Sandra Krebsbach, Mayor
ATTEST:
By
Lorri Smith, City Clerk
1101
page 27
5j.
DATE:
TO:
FROM:
SUBJECT:
CITY OF
MENDOTA HEIGF -ITS
BACKGROUND
November 20, 2012
Mayor and City Council
Justin Miller, City Administrator
Change of Date for January 1st City Council Meeting
The City of Mendota Heights City Council meetings are normally scheduled for the first and
third Tuesdays of each month. In 2013, the first Tuesday of January falls on New Year's Day,
an official city holiday. Further, the terms of newly elected officials do not start until the first
Monday of the month, January 7th. As a result, staff is recommending that the meeting schedule
for January 13th be as follows:
• January 8th (second Tuesday of the month)
• January 15th (third Tuesday of the month)
The first meeting of each year will include mostly organizational items required at the beginning
of each year, along with swearing in of newly elected officials.
BUDGET IMPACT
N/A
RECOMMENDATION
Staff recommends that the Mendota Heights City Council approve the revised January 2013
meeting schedule as listed above. This action requires a majority vote of the city council.
1101
651.1'
page 28
551116
CITY OF
MENDOTA HEIGHTS
DATE: November 20, 2012
TO: Mayor, City Council and City Administrator
FROM: Tamara Schutta, HR Coordinator
SUBJECT: Approval of employment of part -time winter 2012/2013 seasonal rink flooders
BACKGROUND
5k.
Staff is requesting city council approval for the hiring of the below listed part -time seasonal rink
flooder applicants. All final candidates were offered their position contingent upon a successful
completion of a criminal background check and council approval.
Public Works Department — Seasonal Rink Flooder Positions 2012/2013
Employee Hourly Rate
1. Sean Grainger $10.00
2. Chad Hanson $10.00
3. Jacob Kreuser $10.00
4. Adam Toth $10.00
5. James Wills $9.75
6. Jake Wittrock $10.50
7. Scott Wolff $9.75
BUDGET IMPACT
As noted above.
ACTION REQUIRED
Staff recommends that city council approve the above mentioned part -time seasonal position
candidates for employment for the winter 2012/2013 season. If the city council concurs in the
recommendation, it should pass a motion to approve the above listed seasonal hires.
page 29
11C11 Victoria f uI' °,r vlend td
651,4521850 pa, 651/152,89
voaaamendot
ITV OF
ENDOTA HEIGHTS
4TS
DATE:
TO:
FROM:
SUBJECT:
BACKGROUND
November 20, 2012
Mayor, City Council and City Administrator
Jake Sedlacek, Assistant to the City Administrator
Resolution Approving Joint Powers Agreement for Community Funding
Program
It is once again time to submit the annual funding application for Mendota Heights' recycling
program to Dakota County Environmental Management. County staff has streamlined the
application process. Upon reviewing the draft application for funding, the county has provided a
draft of a joint powers agreement. Formerly, city council would consider an application in
November and a joint powers agreement in subsequent months.
We are requesting the maximum funding amount available to the City of Mendota Heights in
2013. The amount we are allocated is $13,800. Mendota Heights has participated in the
Community Landfill Abatement Program in Dakota County since 1989.
Work plan goals include the annual Spring Clean -Up event, attendance at local solid waste group
meetings, articles in the Heights Highlights, and general promotion and education activities for
recycling and waste reduction. The majority of the recycling budget is administrative costs to
pay for the Assistant to the Administrator's time in recycling activities. Other expenditures
include recycling services at the spring clean -up, printing and postage.
The county has provided the attached draft language of a joint powers agreement, with the
application for funding included as an exhibit to that agreement. This language is unchanged
from recent years.
BUDGET IMPACT
The 2013 proposed budget includes funding for recycling activities as identified in the attached
materials.
RECOMMENDATION
The Council should adopt the attached Resolution, A RESOLUTION APPROVING THE
TWENTY -FIRST AMENDMENT TO THE 1992 JOINT POWERS AGREEMENT BETWEEN
THE COUNTY OF DAKOTA AND THE CITY OF MENDOTA HEIGHTS FOR 2013 WASTE
ABATEMENT COMMUNITY FUNDING.
Page 1 of 1
dayc 30
Mendota Heights
2013 Large Community
Funding Application and Report Form
Draft Application Due Date: October 15, 2012
Application and JPA Submittal Due Date: December 1, 2012
Funding Period: January 1, 2013 - December 31, 2013
Jqvi
O U N T Y
Dakota County, Physical Development Division
Environmental Management Department
September 21, 2012
Upload completed application onto the Dakota County Local Solid Waste Staff (LSWS) SharePoint web site at
http: // sharepoint. co .dakota.mn.us /LSWS /default.aspx with your Council Resolution or minutes of the proceedings or
copies may be mailed to:
Dale Stoerzinger
Dakota County Physical Development Division
14955 Galaxie Avenue
Apple Valley, MN 55124
Contact Information
Dale Stoerzinger: Guidelines, Application, Annual Report, and LSWS SharePoint Web Site
952 -891 -7550 or dale .stoerzinger @co.dakota.mn.us
Tammy Drummond: Application process
952 - 891 -7003 or tammy.drummond@co.dakota.mn.us
PART I: BASE FUNDING APPLICATION INFORMATION AND WORKPLAN
page 31
Provide completed Applications and a copy of the Official Resolution or minutes of the Proceedings (an official action
from the governing body requesting the funding allocation or a certified copy of the official proceedings).
Community Funding Period:
City /RSWC
(select):
January 1, 2013 through December 31, 2013
Mendota Heights
Population (2011 Est.): 11,098
Date Submitted: October 12, 2012
Jake Sedlacek
Contact Person 1110 Victoria Curve
Mendota Heights, MN 55118
Street Address:
E -mail Address:
Contact:
Number of Households (2011 Est.): 4,388
Amount of Funds Eligible For: $13,800
Amount of Funds Applied for: $13,800
jakes @mendota - heights.com
Phone (651)255 -1142
Jake Sedlacek Number:
Fax Number: (651)452 -4950
1. Is your community interested in hosting a Household Hazardous Waste Event Collection in conjunction with
Dakota County in 2013?
❑ Yes
X No
2. What percent of staff time (in Full Time Equivalents — F.T.E) is allocated to waste abatement activities?
10 % F.T.E.
3. Does your community anticipate hosting one or more community - sponsored "clean -up" days in 2013?
X Yes
❑ No Date(s): May 4, 2013
* Please note that types and amounts of materials collected, including electronics, must be reported to the County (see
Part IV Local Waste Collection Report Form).
4. I certify that this 2013 Community Funding Application 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 2013 Annual Report
demonstrating compliance with this application will be submitted to the County by February 15, 2014.
Name of person completing document: Jake Sedlacek (signature)
Printed on 35% post- consumer recycled content paper
page 32
WORK PLAN and REPORT FORM — LARGE COMMUNITY BASE FUNDING. Please identify and describe the proposed activities (mandated and optional) that your
community will undertake in the current application year in each of the following areas: Government Leadership, Operations and Education for 2013 Community
Funding. The Work Plan shall include a description of annual activities, partners, a timeline to complete the activities, and post- activity measurement. The 2013
Results column should be completed at the end of the year, and submitted as part of the 2013 Annual Report. 2013 Program priorities include:
• Increased residential and business recycling, including organics diversion
• Increased participation at The Dakota County Recycling Zone
A. Government Leadership — Responsibilities. Identify and describe the proposed activities that your community will undertake in the current application year in
each of the following mandated areas.
GOVERNMENT
LEADERSHIP
RESPONSIBILITY
Points
PROPOSED
PARTNERS
PROPOSED
TIMELINE
PROPOSED POST - ACTIVITY
MEASUREMENT
(Qualitative and/or nd /or'quantitative)
2013 RESULTS
(to be completed when
ubmitting 2013 Annual
Report)
ACTIVITY PROPOSED
Example: Manage Public
N/A
- Verify disposal location is a
processing facility on waste
hauling invoices.
- City Maintenance
staff
- Waste hauler for
city buildings /parks
Q1 2013
4,000 tons of city - generated MSW was
delivered to a processing facility as
required in a contract with Tom's Trash
Service (expires December 2016)and
verified by invoices
Entity Waste
1. Identify Responsible
Party — Each community
must identify in its annual
Application a responsible
party for eligible activities
and inform Dakota County
within thirty days of any
changes in the designated
individual.
4
Jake Sedlacek
2013
2. Ensure Recycling
Programs Exist— Ensure
that recycling programs
are established for
facilities under its control
in accordance with MN
Stat. § 115A.151 (i,e.,
must ensure program in
place for recyclable
materials).'
4
Jake Sedlacek
Waste Hauler,
Facilities staff
01 2012
Copy of contract, photos of
recycling bins
3.' Manage Public Entity
Waste — Manage waste
from its facilities as
outlined in the Dakota
County Solid Waste
Master Plan ((i,e, must
ensure program in
accordance with public
entities law— MN Stat. §
115A.471), Provide
contract language / hauler
statement indicating MSW
that was not reduced,
reused or recycled was
delivered to a processing
facility.
4
Jake Sedlacek
Waste Hauler,
Facility Staff
01 2013
Copy of contract
page 33
4. LSWS Meetings -
Actively participate in
Local Solid! Waste Staff
meetings (one excused
absence.)
4
Jake Sedlacek
LSWS Staff
2013
Attendance
(to be completed when
5, Enhanced Government
Leadership — Expandor
enhance government
leadership'(see
Guidelines),
4
Jake Sedlacek
Recycling Zone
Q2 2013
Encouraging business registration
with recycling zone — use our
statistics for illustration
submitting 2013 Annual Report)
A. Total Points
(add 1— 5)
(= 20 points total)
20
icensed haulers,
Residents,
2013
B. Recycling and Solid Waste Operations — Responsibilities. Identify and describe the proposed that your community will undertake in the current application year in
each of the following mandated areas.
Printed on 35% post- consumer recycled content paper
PROPOSED OUTCOME
2013 RESULTS
OPERATIONS RESPONSIBILITY
Points
PROPOSED ACTIVITY
PROPOSED
PROPOSED
MEASUREMENT
(to be completed when
PARTNERS
TIMELINE
(Qualitative and /or
quantitative)
submitting 2013 Annual Report)
6. Support Recycling Goal - Attain a
level of waste reduction, reuse, and
recycling that supports Dakota
icensed haulers,
Residents,
2013
County's recycling goal of 50 %,
focusing efforts on new and existing
residents and drop -off events.
4
Businesses
Printed on 35% post- consumer recycled content paper
7. Curbside Recycling Materials —
Continue the curbside collection
program for recycling of newspaper,
magazines, mixed mail, corrugated
cardboard, steel /aluminum cans,
glass containers, and plastics.
4
censed haulers,
Residents,
Businesses
PROPOSED
page 34
8. Multi - family Recycling — Ensure
recycling service is available in all
multi - family buildings that includes
all recyclables collected through the
curbside collection program.
4
erify that apartment
complex offers
recycling
Multi- family
property
management
Q4 2013
OUTCOME
(to be completed
9. Waste Collection Services —
Promote implementation of policies
and practices to ensure waste
collection services are provided to
residents and businesses per state
law (115A.941).
4
Enforce City Code Title
4 Chapter 2: Garbage
and Rubbish
PARTNERS
2013
MEASUREMENT
when submitting
10. Enhanced Operations. Expand
or enhance recycling or solid waste
management operations (see
Guidelines).
4
Implement best
practices /ideas from
LSWS meetings
LSWS
2013
(Qualitative
and /or
quantitative)
2013 Annual
Report)
B. Total Points
(add 6 —10)
(= 20 points total)
20
Articles in Heights
2013
Provide copies
C. Education — Responsibilities. Identify and describe the proposed activities that your community will undertake in the current application year in each of the
following mandated areas.
Printed on 35% post- consumer recycled content paper
PROPOSED
2013 RESULTS
EDUCATION RESPONSIBILITY
Points
PROPOSED ACTIVITY
PROPOSED
PROPOSED
OUTCOME
(to be completed
PARTNERS
TIMELINE
MEASUREMENT
when submitting
(Qualitative
and /or
quantitative)
2013 Annual
Report)
11. Recycling Communication to Households — Produce at least one
Articles in Heights
2013
Provide copies
electronic (when applicable) and written communication and distribute
to every new and existing household, including multi - family buildings.
5
Highlights
newsletter, on web
of articles
Printed on 35% post- consumer recycled content paper
E. Education — Choose Any Five (5). Identify and describe the proposed activities that your community will undertake in the current application year. The
community chooses to complete any five activities.
EDUCATION RESPONSIBILITY
Points
(8 Points
Each)
page
PROPOSED
PARTNERS
page :3o
2013 RESULTS
(to be completed when
submitting 2013 Annual Report)
12. Household Hazardous Waste Communication to Households -
Produce at least one electronic (when applicable) and written
communication including promotion of The Recycling Zone and
distribute to every new and existing household, including multi - family
buildings.
5
Articles in Heights
Highlights
newsletter, on web
page
Dakota
County,
SWMCB
2013
Provide copies
of articles
Report on # of
attendees, and outline of
presentation
13. Program Messages - Support and promote the Solid Waste
Management Coordinating Board and the Regional /County Solid Waste
Master Plan's integrated solid waste management program messages.
5
rticles in Heights
Highlights
newsletter, on web
page and on
Facebook page
SWMCB
2013
Provide copies
of articles,
posts
Report on # of
attendees, and outline of
presentation
14. Website for Recycling and Household Hazardous Waste
Management — Maintain community website with environmental
information that links to
http: / /www.co. dakota. mn. us /EnvironmentRoads /default.htm .
5
Dakota
County
01 2013
Provide screen
shot of link on
webpage
D. Total Points
(add 11 — 14)
(= 20 points total)
20
E. Education — Choose Any Five (5). Identify and describe the proposed activities that your community will undertake in the current application year. The
community chooses to complete any five activities.
EDUCATION RESPONSIBILITY
Points
(8 Points
Each)
PROPOSED ACTIVITY
PROPOSED
PARTNERS
PROPOSED OUTCOME
MEASUREMENT
(Qualitative and /or
quantitative)
2013 RESULTS
(to be completed when
submitting 2013 Annual Report)
PROPOSED
TIMELINE
15. Make presentation(s) to City
employees (minimum of 10)
regarding a government leadership
activity. Topic(s) must be consistent
with the annual work plan.
8
resent at all employee
meeting
ity Staff
01 2013
Report on # of
attendees, and outline of
presentation
16. Provide environmental
education to community group(s)
(minimum of 10 people.) Topic(s)
must be consistent with the annual
work plan.
8
resent at annual youth
safety camp
Jest St. Paul
ugust, 2013
Report on # of
attendees, and outline of
presentation
Printed on 35% post- consumer recycled content paper
17. Provide environmental
education in schools or other public
entities (minimum of 10 people),
with schools a top priority. Topics)
must be consistent with the annual
work plan,'
page 35
18. Sponsor a community event for
Earth Day (if attended by over 100
people — counts as two.
19. Sponsor a community event for
America Recycles Day (if attended'.
by over 100 people - counts as two).
20. Sponsor a community event for'
Pollution Prevention Week (if
attended by over 100 people —
counts as two).
21, Provide recycling at community -
sponsored' event or festival,
including recycling containers and
recycling labels.
8
Provide recycling at
Community Parks
Celebration
Recreation
Staff
June 1,
2013
Reporting on number of
recycling receptacles
available.
22. Rethink Recycling —In addition
to completing mandated education'
activity #11, incorporate an
additional electronic and /or printed
material provided by the regional
Rethink Recycling campaign into
communications distributed in your
community,
8
Articles in Heights
Highlights newsletter,
on web page and on
Facebook page
2013
Copies of articles and /or
postings
23. The Recycling Zone - In addition
to completing mandated education
activity #12, incorporate an
additional electronic and /or printed
material provided by the region's
Rethink Recycling campaign into
communications distributed in your
community,
8
Articles in Heights
Highlights newsletter,
on web page and on
Facebook page
2013
Copies of articles and /or
postings
Printed on 35% post- consumer recycled content paper
24. Enhanced Education: Expand or
enhance education or promotional
efforts (see Guidelines).
page 3/
D. Total Points
(addl5to24)
(= 40 points total)
40
F. Performance- Based Funding. The Community Funding program is performance- based. Communities receive 100% of eligible funds if the required activities are
completed, or will be adjusted according to the following schedule:
PERFORMANCE -BASED FUNDING
TOTAL POINTS
(add total points for A'
tB +CAD) y -
Points
Adjustments to community payments for expenditures or activities not consistent with the Application will be
based on a point scale and upon the following Performance -Based Funding Schedule:
25 points or less =
25% of net eligible costs reimbursed
26 — 50 Points
50% of net eligible costs reimbursed
51 — 84 Points =
75% of net eligible costs reimbursed
85 — 92 Points =
95% of net eligible costs reimbursed
93 — 100 Points =
100% of net eligible costs reimbursed
Printed on 35% post- consumer recycled content paper
page 38
PART II: APPLICATION and REPORT FORM FOR PUBLIC AREA RECYCLING CONTAINERS
Limited funds are available to supply public area recycling containers (City Hall, Community Centers,
City Sports Arenas, etc.) for the purpose of increasing recycling in public areas. Communities should
indicate the number of recycling containers anticipated for public area recycling at community buildings in
the coming funding year.
Environmental Management Department staff will arrange for type(s), total quantities, ordering, and
distribution to communities. Communities must provide environmental education messages (e.g., labels,
posters, promotions, etc.) to encourage appropriate public use of the containers, and are responsible for
placement and maintenance of the container and management of its contents.
1. Is your community requesting public area containers in 2013 at community buildings?
Yes X No n If yes, what type? — matching single sort recycling and refuse (tall) bins.
If no, skip to PART III: APPLICATION FOR LOCAL NEGOTIATED INITIATIVE FUNDS.
2. Quantity: Number of public area recycling containers requested.
Five sets
3. Location: Identify where requested containers will be used.
City Hall — public location and copy room, Par 3 Golf Course Clubhouse, Fire Department Offices, Public
Works offices.
4. Distribution Location: List the location and address for container delivery.
Containers can be shipped to City Hall, 1101 Victoria Curve, Mendota Heights 55118
page 39
PART III: APPLICATION and REPORT FORM FOR LOCAL NEGOTIATED INITIATIVE FUNDS
Is your community applying for Local Negotiated Initiative Funds?
Yes ❑ No X
If no, skip to PART IV: COMMUNITY FUNDING BUDGET FORM.
Local Negotiated Initiative Fund (LNIF) projects and programs are negotiated with Environmental
Management Department staff during the work planning process. Eligible LNIF projects include:
• Education, operation, and government leadership expenses supporting and promoting activities
related to the community's chosen Local Negotiated Fund activity.
• Develop a recognition program for businesses that implement waste reduction, reuse, recycling
and /or organics diversion.
• Develop a waste reduction, reuse, recycling, or organics diversion education /communication program
for businesses.
• Develop activities to increase residential recycling, including reaching community residents that are
currently underserved with waste reduction, reuse and recycling messages /activities.
• Provide reduction, reuse, recycling, or organics diversion at community- sponsored events, such as
parades, community celebrations, or other short - duration events.
• Facilitate and promote a community service project that promotes waste reduction, reuse and
recycling (e.g., It's In the Bag Program).
• OTHER activity that enhances residential or business recycling or organics diversion; or increases
residential or business participation at The Recycling Zone, as negotiated with the Department during
the work planning process.
Work Plan and Annual Report: Please identify and describe the proposed activities that your community will
undertake in the current application year in the below areas for 2013 Community Funding. Please note that LNIF
project results must be included in the 2013 Annual Report and include all the below information:
1. Please identify the cost and type of LNIF project from the above list of eligible projects that your
community would like to complete.
Cost:
Type of LNIF project:
2. Please summarize in two or three paragraphs the work that your community would like to perform in
this LNIF project area. Include a brief description of why you chose the specific project area, including a
discussion of the community need.
3. Briefly describe how the LNIF project will have a long -term impact for your community. How do you
see this work continuing after the LNIF project is complete?
Printed on 35% post- consumer recycled content paper
page 40
4. Local Negotiated Fund Work Plan: Please complete the below Work Plan for each selected Initiative.
The 2013 results column must be completed at the end of the year.
ACTIVITY
PROPOSED
PROPOSED
PARTNERS
AND
RESOURCES
PROPOSED
TIMELINE
BUDGET
BREAKDOWN
PROPOSED PRE-
AND POST-
MEASUREMENT
2013 RESULTS
(to be completed when submitting
2013 Annual Report)
Printed on 35% post- consumer recycled content paper
page 41
PART IV: Local Waste Collection Report Form
City /Township
Name of Event
Date of Event
Waste Stream Clean -up days Units
Drop Off Sites Units
Curbside Units
Appliances
Auto Batteries
Electronics
Used Oil
Oil Filters
Scrap Metal
Tires
Paper
Cardboard
HHW
Computer Disks
Mattresses
Shredded Paper
Bicycles
Textiles
Shoes
Other:
Other:
Other:
*Please fill in the units for each entry (e.g., lbs., tons, barrels, etc.) and report each event on a
separate form.
Printed on 35% post- consumer recycled content paper
page 42
Direct Salaries
6600
10251
16851
Direct Mileage
100
100
Direct Membership & Training & Subscriptions
600
600
Consultant Services and /or Temporary Hel p
0
Software
0
Other (List & Describe
0
Administrative Costs Subtotal
7200
10351
17551
A.2. Promotional /Educational Costs
County Share
Community Share
Total
(County /Community combined)
Design/Printing Costs
2000
2000
Distribution Costs
1500
1500
Advertisements
0
Videos/Bill boards
0
Promotional Items
0
Special Events (Displays, Performance fees)
3100
2000
5100
Other (List & Describe)
0
Promotional /Educational Costs Subtotal
6600
2000
8600
B. Total Budget or Expenditure Amount (A.1 +A.2)
13800
12351
34751
C. Total LNIF Amount Requested or Expended from
County
0
D. Base Funding Requested or Received from the
County (can not exceed the amount approved by the
County Board)
P,
13800
34751
E. Amount to be Returned to the County (if applicable)
Printed on 35% post- consumer recycled content paper
page 43
City of Mendota Heights
Dakota County, Minnesota
RESOLUTION NO. 12-
RESOLUTION APPROVING THE TWENTY -FIRST AMENDMENT TO 1992 JOINT
POWERS AGREEMENT BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF
MENDOTA HEIGHTS FOR 2013 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 2012 and will continue to participate
in 2013.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
Mendota Heights that the City Council does hereby approve the twenty -first amendment to the
1992 joint powers agreement for 2013 waste abatement community funding.
Adopted by the City Council of the City of Mendota Heights this 20th day of November 2012.
CITY COUNCIL, CITY OF MENDOTA HEIGHTS
By:
Sandra Krebsbach, Mayor
ATTEST:
Lorri Smith, City Clerk
page 44
1101 Victork
65145248 0 phone one .51452,05 :4.
5m.
DATE:
TO:
FROM:
ITV OF
MENDOTA HEIGHTS.
8
November 20, 2012
Mayor, City Council and City Administrator
Jake Sedlacek, Assistant to the City Administrator
SUBJECT: Resolution Approving a Community Development Block Grant Funding
Application
BACKGROUND
Attached is the annual CDBG Grant Application for federal fiscal year 2013, with an
accompanying Resolution. This year we are applying for a total grant amount of $22,050 for the
housing rehabilitation loan program. The housing program will be administered by Dakota
County Community Development Agency (CDA). The project provides rehabilitation loans for
owner - occupied housing meeting CDA income /benefit guidelines. CDA will administer all
aspects of the rehab loan program.
BUDGET IMPACT
N/A
RECOMMENDATION
Staff recommends approval of the attached resolution, A RESOLUTION APPROVING THE
APPLICATION OF THE CITY OF MENDOTA HEIGHTS FOR FISCAL YEAR 2012
DAKOTA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING. This
action requires a simple majority vote.
Page 1 of 1
page 45
APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
Application must be received by the Dakota County Community Development Agency
NO LATER THAN DECEMBER 31, 2012 (for Program Year 2013, 7/01/13 - 6/30/14)
General Information
Applicant Name: City of Mendota Heights
DUNS #: 146 367 607
Contact Name: Jake Sedlacek
Applicant Address: 1101 Victoria Curve
City, State, Zip: Mendota Heights, MN 55118
Phone: 651 255 1142
Fax: 651 452 8940
Email: jakes @ mendota - heights.com
Proposed Projects /Activities
#1 Title: Housing Rehab Loans
CDBG Request: $22,050
#2 Title:
CDBG Request:
#3 Title:
CDBG Request:
#4 Title:
CDBG Request:
#5 Title:
CDBG Request:
Total Request:
PLEASE NOTE: AT LEAST 50% of the proposed funding must qualify as a LOW /MOD benefit and
NO MORE THAN 40% of the proposed funding can be for PUBLIC SERVICES. As public services
may not account for more than 15% of the County's total funding, public service requests may need
to be decreased once all applications are submitted and reviewed by CDA staff.
Certification
I certify that the information contained in this application is true and correct and that it contains no
misrepresentations, falsifications, intentional omissions, or concealment of material facts. I further
certify that no contracts have been awarded, funds committed, or construction begun on the proposed
project(s), and that none will be made prior to notification from the Dakota County CDA based on
HUD's issuance of a Release of Funds Notice.
Signature of Authorized Official
Title of Authorized Official
Date
PLEASE ATTACH THE RESOLUTION OF THE GOVERNING BODY SHOWING APPROVAL
OF THE REQUEST FOR CDBG FUNDS
page 46
Project /Activity Title
Please complete the following Sections 1 -VI for EACH proposed project/activity.
(For example, if 3 projects /activities are being proposed, there will be 3 sets of the following pages.)
Project /Activity # 1
Project /Activity Title:
Housing Rehabilitation Loans
Project /Activity Information
Describe the proposed project/activity.
Has this Project /Activity received CDBG funding before? ❑ Yes
❑ No
Check the eligible activity category of the proposed project /activity: (See attached definitions)
❑ Acquisition /Disposition:
Vacant or undeveloped property
Commercial property
Residential property
❑ Demolition /Clearance
❑ Economic Development
X Rehabilitation
X Owner occupied housing
Rental housing
Commercial
❑ General Administration
❑ Relocation
❑ Public Facilities /Improvements:
Buildings
Infrastructure
Assessment abatement
❑ Public Services (i.e. child care, recreation programs)
❑ Planning
❑ Homeownership Assistance:
Support services (i.e. counseling)
Downpayment assistance
Other types of purchase financing
❑ Other (please describe):
Describe the project /activity schedule:
Proposed Project /Activity Start Date: 7 -1 -2013
Proposed Project /Activity Completion Date: 6 -29 -2014
1
111. CDBG National Objective
page 47
CDBG funded projects /activities must meet one of the program objectives. Check the
objective for which the CDBG funds will be used.
❑ Low /Mod Area Benefit ❑ Low /Mod Limited Clientele Benefit
X Low /Mod Housing Benefit ❑ Low /Mod Jobs Benefit
❑ Slum /Blight Area Benefit ❑ Slum /Blight Spot Benefit
❑ Urgent Need (extremely rare; used only for emergencies):
If you checked the Low /Mod Area Benefit box, please answer the following:
In what Census Tract /Block Group(s) do beneficiaries of your Project /Activity live? (Please include map)
How many residents live in this area?
What is the percentage of low and moderate - income beneficiaries?
How was this documented? ❑ HUD Data
(See enclosed map)
❑ Survey
(Please include a copy of survey)
If you checked the Low /Mod Housing Benefit box, please answer the following:
How many Low /Mod Households will benefit? 1 Households
(Income eligibility must be verified by written documentation)
Where will this project /activity be available? (Address of property, neighborhood, city -wide)
city -wide
If you checked the Low /Mod Limited Clientele Benefit box, please answer the following:
How many Low /Mod People or Households will benefit? People /Households
(Please choose either people or households for each project.)
How will income be verified?
❑ Income Verification Request Forms
❑ Eligibility Status for other Governmental Assistance program
n Self Certification (Must request source documentation of 20% of certifications and must inform beneficiary that all
sources of income and assets must be included when calculating annual income)
n Presumed benefit (HUD presumes the following to be low and moderate - income: abused children, battered
spouses, elderly persons, severely disabled persons, homeless persons, persons living with AIDS, migrant farm workers)
2
page 48
If you checked the Low /Mod Jobs Benefit box, please answer the following:
To meet the requirements of the "Jobs" National Objective, the business being assisted must enter into an agreement
showing commitment that at lease 51% of jobs created or retained will be available to low /mod income persons. The
business must also be prepared to provide a list of all jobs, detailed information about the jobs being created or retained,
the selection and hiring process, and demographic information about the employees.
Will this project /activity create or retain full time equivalencies (FTEs)? ❑ Create ❑ Retain
For job(s) that are being retained, please provide evidence that the assisted business has issued a notice to affected
employees or that the business has made a public announcement to that effect, OR an analysis of relevant financial
records that shows the business is likely to cut back on employment in the near future without planned intervention.
Will the job(s) created or retained require a special skill? ❑ Yes ❑ No
What percent of permanent FTEs will be held by or available to low /mod income persons?
OA
If you checked the Slum /Blight Area or Slum /Blight Spot Benefit box, please answer the
following:
What are the boundaries of the slum /blight area or the address of the slum /blight spot?
(Please provide letter from building inspector or other documentation noting deficiencies and include photos)
If Slum /Blight Area, what percent of buildings are deteriorated?
OA
What deficiency will be corrected or the public improvement be?
IV. Proposed Objectives and Outcomes
Indicate the proposed objective and outcome of the activity /project.
Indicate how the project /activity outcome will be measured and projected number of
beneficiaries.
❑ People
❑ Households
X Housing Units 1
❑ Public Facilities
❑ Jobs
3
❑ Businesses
❑ Organizations
Outcome #1
Availability /Accessibility
Outcome #2
Affordability
Outcome #3
Sustainability
Objective #1
Suitable Living
Environment
❑ Accessibility for the
purpose of creating a
suitable living
environment
❑ Affordability for the
purpose of creating a
suitable living
environment
❑ Sustainability for the
purpose of creating a
suitable living
environment
Objective #2
Decent Housing
❑ Accessibility for the
purpose of providing
decent housing
❑ Affordability for the
purpose of providing
decent housing
X Sustainability for the
purpose of providing
decent housing
Objective #3
Economic
Opportunity
❑ Accessibility for the
purpose of creating
economic opportunities
❑ Affordability for the
purpose of creating
economic
opportunities
❑ Sustainability for the
purpose of creating
economic
opportunities
Indicate how the project /activity outcome will be measured and projected number of
beneficiaries.
❑ People
❑ Households
X Housing Units 1
❑ Public Facilities
❑ Jobs
3
❑ Businesses
❑ Organizations
page 49
V. Priority Needs
Note: The priority categories may change as a result of the 2010-2014 Consolidated Plan planning process.
Check the priority need from the Consolidated Plan for which the CDBG funds will be used:
High Priority Needs — Housing
❑ Renter, elderly, 0 -50% of median income
❑ Renter, small related, 0 -80% of median income
❑ Renter, all other, 0 -50% of median income
X Owner, 0 -80% of median income
Medium Priority Needs — Housing
❑ Renter, elderly, 51 -80% of median income
❑ Renter, large related, 0 -80% of median income
High Priority Needs — Community Development
❑ Acquisition of Real Property
❑ Disposition of Real Property
❑ Parks, Recreational Facilities
❑ Water /Sewer Improvements
❑ Street Improvements
❑ Sidewalks
❑ Clearance and Demolition
❑ Clean -up of Contaminated Site
❑ Senior Services
❑ Youth Services
❑ Rental Housing Subsidies
❑ Relocation
❑ Construction of Housing
❑ Direct Homeownership Assistance
❑ Rehabilitation of Single Unit Residential
❑ Rehabilitation of Multi -Unit Residential
❑ Rehabilitation of Commercial /Industrial
❑ Code Enforcement
❑ Commercial /Industrial Land Acq. /Disposition
❑ Commercial /Industrial Infrastructure Development
❑ Commercial /Industrial Building Acq., Rehab
❑ Planning
Medium Priority Needs — Community Development
❑ Senior Centers
❑ Homeless Facilities
❑ Youth Centers
❑ Solid Waste Disposal Improvements
❑ Flood Plain Improvements
❑ Handicapped Services
❑ Transportation Services
❑ Battered and Abused Spouses Services
❑ Crime Awareness
❑ Fair Housing Activities
❑ Public Housing Modernization
❑ Rehabilitation of Other Publicly Owned Residential
❑ Residential Historic Preservation
❑ Non - Residential Historic Preservation
❑ Other Commercial /Industrial Improvements
❑ Economic Development Non - Profit Assistance
❑ Economic Development Technical Assistance
❑ Micro - Enterprise Assistance
Low Priority Needs — Community Development
These activities should be funded with sources other than CDBG.
Privately Owned Utilities
Handicapped Centers
Neighborhood Facilities
Child Care Centers
Substance Abuse Services
Employment Training
Child Care Services
Abused and Neglected Child Services
Tenant /Landlord Counseling
4
page 50
VI. Project Budget
Provide the total project cost and CDBG request.
Total Project Cost:
Total CDBG Request:
Describe all other funding sources.
CDBG Percent of Total Cost: 100%
Source of Funds
Amount
Committed
Pending
Total:
Please itemize project expenses, using the following guidance as applicable:
• Acquisition & Improvement Costs - Include purchase price, closing costs, site improvements,
clearance of toxic contaminants, and other acquisition and improvement costs
• Construction /Rehabilitation Costs - Include site improvements, construction (labor, materials,
supplies), installation, permits and other construction /rehabilitation costs
• Professional Fees and Personnel Costs - Include architectural, engineering and code inspection
fees, surveys, appraisals, legal fees, hazardous materials surveys, project management, and
other professional /personnel fees
• Other Development Costs - Include relocation, financing costs, environmental reviews,
environmental studies, and other development costs
• Eligible Costs for Planning Projects - Include professional services, project management costs,
and other planning costs
Itemized Use of Funds /Expenses
Costs
CDBG Funds
Requested
Total:
Please review each section for completeness.
Each project /activity should have separate Sections 1 through VL
5
page 51
CDBG ELIGIBLE ACTIVITIES DEFINITIONS
The following are summary definitions of Community Development Block Grant Eligible Activities:
Please Note: Although an activity may be deemed eligible for CDBG funding, it does not guarantee funding. The Community
Development Needs for the CDBG Program in the Comprehensive Plan sets forth the priority of needs and as such, dictates which
types of eligible activities may be funded in a given year.
CDBG funds may NOT be used for costs attributable to a building used for the general conduct of government or used for political
activities.
Acquisition /Disposition: The use of CDBG funds to acquire real property, in whole or in part, by purchase, long -term lease, donation,
or otherwise, for any public purpose. Real property to be acquired may include: land, air rights, easements, water rights, right -of -ways,
buildings and other property improvements, or other interests in real property.
Demolition /Clearance: Clearance, demolition, and removal of buildings and improvements including movement of structures to other
sites.
Economic Development Activities: Economic development activities may include, but are not limited to: (1) Construction by the
grantee or subrecipient of a business incubator designed to provide inexpensive space and assistance to new firms to help them
become viable businesses, (2) Loans to pay for the expansion of a factory or commercial business, and (3) Providing training needed
by persons on welfare to enable them to qualify for jobs created by CDBG- assisted special economic development activities. The level
of public benefit to be derived from the economic development activity must be appropriate given the amount of CDBG assistance.
Rehabilitation: Rehabilitation related activities may include single - family rehabilitation, multi - family rehabilitation, energy efficiency
improvements, public housing modernization, and rehabilitation of commercial properties.
General Administration: CDBG funds may be used for the general administration costs incurred by a Subrecipient to administer their
CDBG program. Administration costs directly associated with a CDBG activity should be part of the activity as project administration.
Relocation: CDBG funds may be used for relocation payments and assistance to displaced persons, including individuals, families,
businesses, non - profits, and farms, where required under section 570.606 of the regulations (pursuant to the Uniform Relocation Act).
Public Facilities /Improvements: CDBG funds may be used by the grantee or other public or private nonprofit entities for the
acquisition (including long term leases for periods of 15 years or more), construction, reconstruction, rehabilitation (including removal of
architectural barriers to accessibility), or installation, of public improvements or facilities. Buildings for the general conduct of
government cannot be acquired or improved with CDBG funds. This includes neighborhood facilities, firehouses, public schools, and
libraries, as well as water and /or sewer treatment plants. The regulations further specify that facilities that are designed for use in
providing shelter for persons having special needs are considered to be public facilities.
Public Services: CDBG funds may be used to provide public services (including labor, supplies, and materials), provided that each of
the following criteria is met: 1) The public service must be either a new service or a quantifiable increase in the level of service; and 2)
The amount of CDBG funds obligated within a program year to support public service activities under this category may not exceed
40% of the City's allocation and the total public services of all Subrecipients may not exceed 15% of the total grant awarded to Dakota
County for that year.
Planning: Includes studies, analysis, data gathering, preparation of plans, and identification of actions that will implement plans. The
types of plans which may be paid for with CDBG funds include, but are not limited to: Comprehensive plans; Individual project plans;
Community development plans, Capital improvement programs; Small area and neighborhood plans; Environmental and historic
preservation studies; and Functional plans (such as plans for housing, land use, energy conservation, or economic development).
Homeownership Assistance: Homeownership assistance activities may include financial assistance for downpayments,
closing costs or other part of the purchase process and counseling for pre - purchase, post - purchase or foreclosure
prevention.
6
City of Mendota Heights
Dakota County, Minnesota
RESOLUTION NO. 12-
page 52
RESOLUTION APPROVING THE APPLICATION OF THE CITY OF MENDOTA
HEIGHTS FOR FISCAL YEAR 2013 DAKOTA COUNTY COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDING
WHEREAS, the City of Mendota Heights is a participating jurisdiction with the Dakota
County CDBG Entitlement Program for Fiscal Year 2013 (July 1, 2013 through June 30, 2014);
and
WHEREAS, the Dakota County Community Development Agency is a sub- grantee of
Dakota County for the administration of the CDBG Program; and
WHEREAS, the Dakota County Community Development Agency has requested federal
fiscal year 2013 CDBG applications be submitted by December 31, 2012, based on allocation of
funds approved in the Community Development Implementation Plan.
NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
Mendota Heights, Minnesota that the following points be approved:
1. The Federal Fiscal Year 2013 CDBG application is approved for submission to the
Dakota County Community Development Agency.
2. The Acting City Administrator of the City of Mendota Heights is authorized to execute
the application and all agreements and documents relating to receiving and using the
awarded CDBG funds.
3. The Dakota County Community Development Agency is designated as the administrative
entity to carry out the CDBG Horne Rehabilitation Loans program on behalf of the City
of Mendota Heights.
Adopted by the City Council of the City of Mendota Heights this 20th day of November 2012.
CITY COUNCIL, CITY OF MENDOTA HEIGHTS
By:
Sandra Krebsbach, Mayor
ATTEST:
Lorri Smith, City Clerk
110151in
page 53
5n.
CITY OF
MENDOTA [ -HEIGF -ITS
DATE: November 20, 2012
TO: Mayor, City Council and City Administrator
FROM: Tamara Schutta, HR Coordinator
SUBJECT: City of Mendota Heights Flexible Benefits Plan
BACKGROUND
In 1990, the city council approved the city of Mendota Heights Flexible Benefit Plan. A flexible
benefit plan (a.k.a., "cafeteria plan ") is a written plan maintained by an employer that allows
employees the option to receive certain benefits on a pre -tax basis. Also at that time the city
council appointed individuals that are no longer with the city to administer the Flexible Benefits
Plan.
The Mendota Heights Flexible Benefit Plan was last updated in 2005. The original plan is now
outdated and must be replaced to comply with current IRS regulations. City staff have been
working with Scott Wold, Esq. with Hitesman & Wold, P.A. to update the plan documents based
on changes and clarifications of the law.
City of Mendota Heights employees are eligible for benefits the first day of the month following
date of hire. The following benefits are available to employees:
Group Medical Benefits
Group Dental Benefit
Group Term Life Benefits and /or AD &D Benefits
Long Term Disability Benefits
Short Term Disability Benefits
Dependent Care Expense Reimbursement Plan
Health Care Expense Reimbursement Plan
H. S.A. Contribution Feature
Limited Scope Health Care Expense Reimbursement Plan
Cash Payment
Participation in the Basic life insurance ($10,000) is mandatory for all part -time (20 hours) and
full -time employees. Single health insurance coverage is also required for all employees eligible
for city contributions to a Flexible Benefit Plan. However, employees are permitted to opt out of
health insurance coverage under the city's policy with acceptable proof of health insurance
coverage through another group health plan.
page 54
Attached is a resolution adopting the Flexible Benefits Plan and directs the City Administrator or
their designee to administer the Flexible Benefits Plan. This resolution also supersedes and
replaces Resolution 90 -63 approved on September 4, 1990.
Attachment(s):
1. Resolution adopting the Flexible Benefits Plan
2. Copy of Resolution 90 -63
The Flexible Benefit Plan Basic Plan Document is available in the Human Resources
Department but not attached here because of the document's size.
BUDGET IMPACT
Not applicable.
RECOMMENDATION
Staff requests Council consider of the attached resolution approving the Flexible Benefit Plan
and directing the City Administrator or their designee to administer the Plan. This new Flexible
Benefits Plan replaces resolution 90 -63 and the Flexible Benefits Plan that was originally
adopted by city council in 1990. This action requires a simple majority vote.
page 55
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2012-
ADOPTION OF THE CITY OF MENDOTA HEIGHTS
FLEXIBLE BENEFITS PLAN
WHEREAS, the City of Mendota Heights desires to continue to offer its employees a
flexible benefits program providing its employees with certain tax - advantaged benefits and to
allow its employees to select from among the fringe benefits offered; and
WHEREAS, the City of Mendota Heights desires to have a Flexible Benefits Plan
covering its qualified employees, their spouses and their dependents in order to attract and retain
the best available personnel and to provide said employees with additional incentives to
contribute to the success of the Employer and to encourage them to remain in the employment of
the City of Mendota Heights.
NOW THEREFORE BE IT RESOLVED, that effective the twentieth day of
November, 2012, and for future years, the City of Mendota Heights shall adopt the City of
Mendota Heights Flexible Benefits Plan, which shall cover such employees as may qualify from
time to time under the provisions of said Plan; and
FURTHER RESOLVED, that the City Administrator or their designee shall administer
the Flexible Benefits Plan and are directed to take all steps and execute all documents necessary
to carry out the provisions of the Flexible Benefits Plan.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that this resolution supersedes
and replaces resolution 90 -63 approved on September 4, 1990.
Adopted by the City Council of the City of Mendota Heights this twentieth day of
November, 2012.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Sandra Krebsbach
Mayor
ATTEST
Lorri Smith
City Clerk
page 56
RESOLUTION -NO. 90-63
MINUTES OF ACTION
OF THE COUNCIL OF MENDOTA HEIGHTS
At a duly constituted meeting of the Board of Council
of City of Mendota Heights (herein, the "Employer"), the
following resolutions were, upon motion, made, seconded and
adopted:
Adoption of the City of Mendota Heights
Flexible Benefits Plan
WHEREAS, the Employer desires to provide its employees
with certain tax-advantaged benefits and to allow its
employees to select from among the fringe benefits
offered; and
WHEREAS, the Employer desires to have a Flexible
Benefits Plan covering its qualified employees, their
spouses and their dependents in order to attract and
retain the best available personnel and to provide said
employees with additional incentives to contribute to
the success of the Employer and to encourage them to
remain in the employment of the Employer;
NOW, THEREFORE, BE IT HEREBY
RESOLVED, that effective the 15th day of September, 1990
and for future years, the Employer shall adopt the City
of Mendota Heights Flexible Benefits Plan, which shall
cover such employees as may qualify from time to time
under the provisions of said Plan, a copy of which is
attached hereto and made a part hereof by reference;
FURTHER RESOLVED, that the Committee which shall
administer the Flexible Benefits Plan is hereby
appointed and shall consist of:
Larry Shaughnessy
Shirley Shannon
FURTHER RESOLVED, that the Plan Year for the Flexible
Benefits Plan shall end on the 30th day of December; and
FURTHER RESOLVED, that the appropriate officers and the
above-appointed Committee be and are hereby authorized
and directed to take all steps and execute all documents
THIS COPY IS
FOR YOU PIES
page 57
necessary to carry out the provisions of the Flexible Benefits
Plan and to keep a copy of such Plan as adopted on file in the
principal offices of the Employer.
IN WITNESS WHEREOF, a duly authorized member of the
Board of Council of City of Mendota Heights has signed below.
Dated: , 19
Its
1101 v t:
page 58
5o.
CITY OF
MENDOTA HEIGHTS
DATE: November 20, 2012
TO: Mayor, City Council and City Administrator
FROM: Tamara Schutta, HR Coordinator
SUBJECT: Employee Supplemental Insurance
BACKGROUND
Minnesota Statute 471.6161 requires the city to request proposals every five years for group insurance
contracts. On behalf of the city, our agent of record for employee benefits, Financial Concept, Inc.
accepted requesting proposals for the supplemental insurance (dental, life, short-term and long -term
disability insurance).
The employee insurance committee met with Financial Concepts, Inc. in October to review the proposals.
Delta Dental (incumbent), Sun Life and MetLife submitted proposals for dental insurance. It was
consensus to remain with Delta Dental because of the larger network, plus there were benefit reductions
with the other two proposals. The 2013 Delta Dental rate for employee only is $40.50 per month. The
monthly rate for family insurance is $105.75.
The city received competitive proposals for life insurance, short-term disability and long -term disability
insurance from The Standard (incumbent for life and short-term disability), The Hartford (incumbent for
long -term disability), Sun Life, Mutual of Omaha, MetLife and Cigna. One of the goals for the insurance
committee was to move LTD and STD to one carrier. The other goals included reducing costs and
securing a multi -year rate guarantee. The employee insurance committee reviewed the proposals and it
was consensus to select Sun Life as its carrier for life, short-term and long -term disability insurance. Sun
Life has guaranteed their competitive rates for three (3) years. The 2013 RFP results are attached for your
review.
City staff, along with Financial Concepts, Inc., have been working with Sun Life to make a smooth
transition for 2013.
Attachment(s):
1. Supplemental RFP Results
BUDGET IMPACT
As noted above.
RECOMMENDATION
Staff recommends that the City Council accept the insurance committee recommendations relating to
dental and supplemental insurance offerings.
CITY OF MENDOTA HEIGHTS
2013 DENTAL RFP RESULTS
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Basic Services
Sealants (children under 16)
Endodontics
Periodontics
Oral Surgery - Simple Extractions
Oral Surgery - Surgical Extraction
Major Services
Single Calender Year Deductible
Family Deductible Maximum
Deductible Waived for Preventive
*OON U &C Reimbursement Level
Calender Year Maximum
Website to Locate Network Dentist
*Out of Network Services Reimbursed at a Percentage of Usual and Customary Charges
page 59
**Sealants, Diagnostic & Preventive expenses do not count towards annual plan maximum.
r future benefits. Consult the plan booklet or vendor proposal for
This is not meant to be a complete plan description. This is a summary meant only for illustrative purposes and is not a guarantee of
Prepared by Financial Concepts, Inc. 10/15/2012
Class Definition Life / AD &D Amount
All full -time employees $10,000
Current / Renewal i Option 1 ,, ` Option 2 Option 3 Option 4
I 3I Standard l Sun Life Mutual of Omaha ;' MetLife Cigna.
Age Reduction
At Age 65 Benefits reduced to 65% Benefits reduced to 65% Benefits reduced to 65% Benefits reduced to 65% Benefits reduced to 65%
At Age 70 Benefits reduced to 50% Benefits reduced to 50% Benefits reduced to 50% Benefits reduced to 50% Benefits reduced to 50%
At age 75 Benefits reduced to 45% Benefits reduced to 45% Benefits reduced to 45% No further reduction Benefits reduced to 45%
Guarantee Issue Limit Full benefit Full benefit Full benefit Full benefit Full benefit
Accelerated Benefits Yes Yes Yes Yes Yes
Waiver of Premium Disabled prior to age 60; 6 Disabled prior to age 65, Disabled prior to age 60; Disabled prior to age 60; Disabled prior to age 60;
months of disability waiting waived for the later of 12 9 months of disability 9 months of disability 6 months of disability
period: coverage terminates months or age 65. No waiting period: coverage waiting period: coverage waiting period: coverage
at SSNRA elimination period to terminates at SSNRA terminates at SSNRA terminates at SSNRA
satisfy.
Cost Sched u,. le Cu r rent. Ren x - e-, w.k FS a;. l ' Option 1 Option . t,l 2 I Option 3 Option 4
, }
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Standard } � Sun Life Mutual of Omaha , Met Life Cigna
Rate per $1000 $0.19 $0.093 $0.120 $0.161 $0.170
AD &D Rate per $1000 $0.03 $0.030 $0.030 $0.028 $0.025
Total $0.220 $0.123 $0.150 $0.189 $0.195
Monthly Premium $104.06 $58.18 $70.95 $89.40 $92.24
Annual Premium $1,248.72 $698.15 $851.40 $1,072.76 $1,106.82
Annual Difference NA $550.57 $397.32 $175.96 $141.90
Percentage Difference NA - 44.09% - 31.82% - 14.09% - 11.36%
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page 63
Mendota, F
6514'2,8
5p.
CITY OF
MENDOTA EIGF STS
DATE: November 20, 2012
TO: Mayor, City Council, and City Administrator
FROM: John R. Mazzitello, PE, PMP
Public Works Director /City Engineer
SUBJECT: Renewal of Joint Powers Agreement Establishing the Lower Mississippi
River Watershed Management Organization with Second Amendment
BACKGROUND
For the past 11 years the City of Mendota Heights has operated under a Joint Powers Agreement
(JPA) in conjunction with the other member Cities that make up the Lower Mississippi River
Watershed Management Organization ( LMRWMO). Other member Cities are: Saint Paul, West
Saint Paul, Lilydale, South Saint Paul, Inver Grove Heights, and Sunfish Lake.
The original agreement was approved in 2001 and was established for a 10 year period. In
November of 2011, all the member cities passed a one -year extension of the original JPA making
the existing agreement in effect until December 31st, 2012. This extension allowed the
LMRWMO Board to complete development of their 3rd Generation Watershed Management
Plan. The original JPA and the first amendment to the JPA are attached for your reference.
The LMRWMO recently published their 3rd Generation Watershed Management Plan, which
adopts some minor changes to LMRWMO policy. A second amendment to the JPA is being
proposed to address these policy changes. The proposed second amendment is attached for you
review. A summary of the changes follows:
1. Section 5, Subdivision 1 — Adds member cities to the Technical Advisory Committee.
2. Section 6, Subdivision 1 — Adds the statute reference to the paragraph.
3. Section 6, Subdivision 4 — Repeals the section prohibiting removal of Board members.
4. Section 10, Subdivision 7 — Adds provisions for cost allocation for water quality
(allocations for water quality are already in place), and adds exhibit "C" to the JPA.
5. Section 12, Subdivision — Establishes the sunset date of the JPA as January 1, 2023.
BUDGET IMPACT
Annual LMRWMO membership dues are prorated per City based on total acreage and
population, and Mendota Heights' share (2012 = $8,326.76) is budgeted and paid out of the
Storm Sewer Utility Fund. Any projects identified by the LMRWMO as part of their plan are
similarly budgeted, and typically paid for out the Storm Sewer Utility Fund.
page 64
RECOMMENDATION
Staff recommends Council approve the 10 -year renewal of the JPA, including the second
amendment, by approving, "SECOND AMENDMENT TO REVISED AND RESTATED
JOINT POWERS AGREEMENT ESTABLISHING A WATERSHED MANAGEMENT
ORGANIZATION FOR THE LOWER MISSISSIPPI RIVER WATERSHED." If Council
wishes to implement the staff recommendation, pass a motion approving the attached Resolution
by a simple majority vote.
page 65
SECOND AMENDMENT TO
REVISED AND RESTATED JOINT POWERS AGREEMENT
ESTABLISHING A WATERSHED MANAGEMENT ORGANIZATION
FOR THE LOWER MISSISSIPPI RIVER WATERSHED
THE PARTIES TO THIS AGREEMENT are members of the Lower Mississippi River
Watershed Management Organization and have land that drain surface water into the Mississippi
River. This Agreement amends the Revised and Restated Joint Powers Agreement between the
members. This Agreement is made pursuant to the authority conferred upon the parties by Minn.
Stat. §§ 471.59 and 103B.201 - 103B.255.
1. EXISTING AGREEMENT. The existing Revised and Restated Joint Powers Agreement
for the Lower Mississippi River Watershed Management Organization shall remain in full
force and effect, except as specifically amended by this Agreement.
2. AMENDMENT. Section 5, subdivision 1 of the Revised and Restated Joint Powers
Agreement is amended in its entirety to read:
Subdivision 1. Technical Advisory Committee. The following governmental subdivisions or
agencies shall be requested to appoint a non - voting advisory Member to the WMO: Dakota County,
Ramsey County, Dakota County Soil and Water Conservation District, member cities. The advisory
Members shall not be required to contribute funds for the operation of the WMO, except as
provided in Minn. Stat. § 103B.231, but may provide technical services.
3. AMENDMENT. Section 6, subdivision 1 of the Revised and Restated Joint Powers
Agreement is amended in its entirety to read:
Subdivision 1. Appointment. The governing body of the WMO shall be its Board. Each Member
shall be entitled to appoint one Manager and an alternate on the Board, consistent with the
provisions of Minn. Stat. § 103B.227. The alternate shall have the right to vote in the absence of
their representative. Vacancies in the office of Manager shall be filled for the remainder of the term
1660990
1
page 66
by the Member which appointed or had the right to appoint the Manager. All vacancies shall be
filled within ninety (90) days after they occur.
4. AMENDMENT. Section 6, subdivision 4 of the Revised and Restated Joint Powers
Agreement is repealed.
5. AMENDMENT. Section 10, subdivision 7 of the Revised and Restated Joint Powers
Agreement is amended in its entirety to read:
166099v3
Subdivision 7. Capital Cost Allocation of Improvements in the Board's Watershed
Management Plan. All capital improvement costs of improvements designated in the
WMO's adopted watershed management plan for construction by the WMO pursuant to
paragraph 10, subdivision 6A of this Agreement shall be apportioned by the following
methods or a combination of these methods:
A. For improvements related to water quantity:
1. A Member shall be responsible for the costs of construction of that portion of
a drainage system that is located within its borders and that is necessary to
accommodate its Allowable Flow and the Allowable Flow of all other
tributary Members.
2. A Member shall also be responsible for its share of construction costs of a
drainage system, whether or not that system is located within its borders, that
is necessary to convey Excessive Flows originating within the Member's
borders.
3. Increased costs of construction incurred for acquisition of lands, easements
and rights of way within natural watercourses shall be the obligation of the
Member in which the land lies and shall not be apportioned to other
Members to the extent that such costs exceed costs which would have been
incurred if there had been no improvement on such lands, easements, or
rights of way.
4. Costs of construction shall include all costs associated with a WMO
approved improvement (whether trunk sewer or natural conveyance) and
whether or not actually constructed, including, but not limited to, costs for
design, administration, construction supervision, legal fees, acquisition of
lands and improvements and actual construction and maintenance costs.
5. The WMO shall consider any grant money received or to be received by a
Member for sanitary sewer /storm sewer separation or for the construction,
reconstruction or replacement of storm sewer facilities before making cost
allocations among Members and may consider the application of any grant
2
page 67
proceeds toward the cost of the improvement before allocating costs between
or among the Members involved, provided that such allocation would not
violate the terms and conditions of the grant.
6. The attached Exhibit B is incorporated by reference and serves as a
compilation of general examples of cost allocation under this Agreement for
the hypothetical circumstances stated in the examples.
B. For improvements related to water quality:
1. For water quality projects and maintenance, the cost sharing will be based on
the cost allocation methods in the attached Exhibit "C" incorporated by
reference.
2. Or other cost sharing method approved by the Board.
3.
Pursuant to Minn. Stat. § 103B.251.
6. AMENDMENT. Section 12, Subdivisions 1 and 2 of the Revised and Restated Joint
Powers Agreement are amended in their entirety to read:
Subdivision 1. Each member agrees to be bound by the terms of this Agreement
until January 1, 2023. It may be continued thereafter upon the agreement of all the
parties.
Subdivision 2. This Agreement may be terminated prior to January 1, 2023, by the
written agreement of a majority of the Members.
IN WITNESS WHEREOF, the undersigned governmental units, by action of their
governing bodies, have caused this Agreement to be executed in accordance with the authority of
Minn. Stat. § 471.59.
[Remainder of Page Intentionally Left Blank.]
1660990
Approved by the City Council
, 20 .
Approved by the City Council
,20 .
Approved by the City Council
,20 .
Approved by the City Council
,20 .
Approved as to Form:
By:
Assistant City Attorney
166099v3
4
page 68
CITY OF INVER GROVE HEIGHTS
BY:
Attest:
CITY OF LILYDALE
BY:
Attest:
CITY OF MENDOTA HEIGHTS
BY:
Attest:
CITY OF ST. PAUL
BY:
Attest:
Approved by the City Council
, 20 .
Approved by the City Council
,20 .
CITY OF SOUTH ST. PAUL
BY:
Attest:
page 69
CITY OF SUNFISH LAKE
BY:
Attest:
Approved by the City Council CITY OF WEST ST. PAUL
,20 .
166099v3
5
BY:
BY:
Its Mayor
Its City Manager
•
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page 70
- - .
- --- - SC'
Legal Boundary Map of the
Lower Mississippi River
Watershed Management Organization
Ls
1
0 1 Miles
Exhibit A
CO T.ALLOCATION EXAMPLES FOR JOINT POWERS AGREEMENT
o•'
/ rfr c
1 1 --Pr-
1
f
A
.�Q
J.( d'r
E \
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EXAMPLE DESCRIPTION
A.. Two Cities
B. Two Cities With Diversion In
C. . Two Cities With Diversion Out
D. Three Cities .
E. Added Ponding
LEGEND
Watershed Boundary
Drainage Facility
City Boundary
Detention Pond
Diverted Area
Exhibit B
Page 1 of 9
JOINT- POWERS AGREEMENT
page 72
EXAMPLE "A"
- Project: Construct project (Segments -a`
for Cities #6 and #7 under ful
.Cost Allocation:
City #6: Cost share
- TWO CITIES
and *b) in City #7 to provide drainage
ly developed conditions.
f6 x Total project cost for "a "e
�T.
City #7: Cost share = Total project cost - QES x Total project cost
T
Where:
QE6 QT6 — 140
QE-6 is the design flow rate from City, #6 •which is in
excess of the allowable flow rate from City #6;
Qa6 is the allowable flow rate from City #6;
QT6 is the total design flow rate from City #6;
QT is the total flow rate for which the project is designed
in each Segment.
City #6: Cost share for Segment "c" = Zero dollar (no tributary flow).
Exhibit
Page 2 of 9
ti a'
JOINT POWERS AGREEMENT
sst��
6 •4a
d•4 C 2 S 2
z z$ cfs
k
f
page 73
EXAMPLE "A" - TWO CITIES
Sample Calculations
Ass Lne:
City #5 - Area of Watershed within City n6 = 175 acres
Full development .runoff (CITE) = CIA = 0.40 x 2.0"/h x 175 = 140 cfs
Predevelopment runoff (Q a6) = CIA = 0.15 x 2.0 "/h x I75 52.5 cfs
Then:
Excess runoff (Q Es) (from formulae: QE = QT - (I4 ) = 87.5 cfs
`i ..City #6 cost share for Segment "a" = 87.5 x project cost for "a" = .63 xProject cost,
for "a. 140
(From formulae: share = QE, x Project cost)
•
Note: Segment "a" ends at first point of entry into the system from City #7.
Assume:
City #7 - Area of Watershed within City #7 = 250 acres and all flows from City #7
enter system by way of Segment "c ".
Full development runoff (Qr7) = CIA = °_50x1.8x250 = 225 cfs
Design flow for Segment "b" = Q T(sEc. "a") 4" Q47 = 140 + 225 = 355 cfs
2. City #6 has no cost share obligation in Segment Lc" when there is no tributary flow
from City #6.
(continued) Exhibit B
Page 3 of 9
JOINT POWERS AGREEMENT
• page 74
Then
3. City #6 cost share for Segment "b" = 87.5 x Project cost for "b" = 0_24 Project
3.
cost• of "b"
(From formulae: Share = Qa x Project cost)
Note:
City #6 can reduce the excess flow (Q E6) by detention ponthng even to the amount
_ that the rate of flow from City #6 (QT6) is no greater than the allowable flow
rate ([ A6 ) . Any reduction in the total rate from City #6 would be applied to
the excess rate and thereby reduce the obligation of City #6 to share in the cost
- of constructing any conveyance system in City #7.
SUMMARY OF COSTS
Segment "a ":
City #6: Cost share
87.5 x Project cost for "a "..
140
City #7: Cost share = 52.5 x Project cost for "
-140
Segment "bn:
City #6: Cost share = 87.5. x Project .cost for "b ".
365
City #7: Cost share = 277.5 x Project cost for nb ".
-365
Segment "c":
City_ #6: Cost share = Zero dollar (no tributary flow).
City #7: Cost share = All of Project cost for "c ".
Exhibit B
Page 4 of 9
JOINT POWERS AGREEMENT
page 75
,EXAMPLE "B' -- TWO CITIES WITH DIVERSION IN
•P oject: Construct Trunk facility "en in City #2 only for Cities #2 and #3
under fully developed conditions.
Cost Allocation:
City 13: Cost share = QE3 x Total 'project. cost.
Where: QE3 = QT3 _ QA3
And QF3 is the design flow from City 13 as described in
Example "A" plus all flows coming from the area diverted.
All facilities within City #3 are constructed by City #3.
Detention in City #3 can reduce 4E3;
QT and QA are as defined in Example °A ".
Note: This case applies only where waters are diverted from one City to
another City or from one major drainage district to another.
Exhibit B
Page 5 of 9
P8
JOINT POWERS AGREEMENT
page 76
3
EXAMPLE "C" — TWO CITIES .WITH DIVERSION OUT
Project: Construct Trunk Segments "a", "b ", "c" in City #i under fully
developed conditions.
Cost Allocation:
City #3: Cost share for Segment "a" = Zero dollars
(all flows have been diverted away)
Cost share for Segment "b" = 13E3 x Total project cost for "b".
T
Where: QE3 is the excess flow from City #3 that is tributary
to Segment "b" only.
City #t3: Cost share for Segment * "c" _ (1E3 x Total project cost for "c ".
Where: QE3 i s the excess flow from City #3 that is tributary to
Segment "c" calculated as QE3 tributary to "b" minus 43
that would have been tributary to "a "'had there been no
diversion out of the drainage district.
QT and.QA are as defined in Example "A ".
Note: This case applies only where waters are diverted from one City to another City
or from one major drainage district to another.
• Exhibit B
Page 6 of 9
3.
-JOINT POWERS AGREEMENT •
page 77
EXAMPLE "D" - THREE CITIES
(See Example "A" for QT, QA and QE )
Project: Construct Project (Segments "a", "b" and "c") in City fit to-kovide
drainage for Cities #3, #4, and #5 under fully developed conditions.
Cost Allocations:
City #3: Cost share Segment "b". = QE3 x Project cost for "b".
Cost share share Segment "a" = Zero dollars (no tributary flow).
Cost. share Segment "c" = (1E1 x Project cost for °cu.
City #5 Cost share Segment "a" = QE5 x Project cost for "a'.
Cost share Segment "b" = Zero Dollars no tributary flow).
Cost share Segment "c" = QE5 x Project cost for
74-7-
Where: QT is the total flow rate for which each respective Segment
is designed.
Exhibit B
Page 7 of 9
JOINT POWERS AGREEMENT -
page 78
re
EXAMPLE "E" - ADDED PONDING
(See Example "A" for .definition of QT , QA and QE)
Project: Construct Trunk "a ", Detention Pond "b" and Outlet "c" for cities /5 and #6 under
fully developed conditions.
Cost Allocation: '
City 15 (Trunk ,'a "): Cost share = QE5 x Project cost of Trunk "a".
Where: Q is the total flow rate in Trunk "a ".
City #5 (Pond "b "): Cost share = VE5 x Project of Pond "b ".
-v
Where: 'VE5 is the design Volume of runoff from City f5 which is in
excess of the allowable Volume from City 15;
VT is the total Volume used in the design of the detention pond.
• City 15 { Out.l.et "c"): Cost share = (1E5 x Project cost of Outlet "c".
Out fi et kr. .
Where: QE 5 is reduced from Trunk "a "" Inlet QE S by the ratio-of. -
atio - of.
. Inlet QT
Inlet QT is the summation of all flows into the pond;
Outlet QT i s the total flow ' rate out . of the pond under design conditions..
Note: See Page 9 for sample calculations
Exhibit S •
Page 8 of 9
JOINT POWERS.AGREEMENT
page 79 e'
$ ,q
11‹.../
4"),
EXAMPLE "E" - ADDED PONDING
Sample calculation for City F5 cost share for Outlet "c ":
Assume:
QE5 = 50 cfs
QT: Pond inflow in Segint "a" . = 500 cfs
QT Pond inflow from other areas = 200 cfs
QT Pond inflow = 700 cfs
QT Pond Outlet "c" = 100 cfs
And:
QE5 (.OUTLET) = QE5 (INLET) X QT (OUTLET)
.QT (INLET)
City 15 cost share
Then:
= QE5 (OUTLET)
QT (0.UTLET)
(1E5 (for Segment "c") .
x Project cost of Outlet "c"
100 x 50 7.14 cfs
ioc
City #5 cost share = 7'14 x Project cost of Outlet "c"
`T0g
Exhibit B
Page 9 of 9
LMRWMO JPA Exhibit C
Exhibit C
page 80
The Lower Mississippi River Watershed Management Organization (LMRWMO) has developed the
following four water quality cost allocation methods:
1. Total Area
2. Effective Impervious Area
3. Relative Pollutant Load
4. Allowable Pollutant Load
A description of each of these four methods is provided in this exhibit, including applicable formulas, and
criteria for when application of each method is appropriate. In addition, four hypothetical scenarios are
presented to illustrate differences between the four cost allocation methods listed above. An alternative
approach to the cost allocation methods listed above is also included, referred to as the ``Cost for
Equivalent Treatment." This cost allocation approach is described separately, as it must be assessed on a
case -by -case basis and is intended for use only when the above methods are considered unacceptable to
the LMRWMO Board.
Summary of Cost Allocation Methods
Method 1: Total Area Method
The Total Area method allocates cost based on the fractions of the total tributary area within each
member city. This method does not account for the variation in pollutant loading from areas of differing
land use (and imperviousness). Nor does this method account for water quality treatment that may
already occur upstream of the proposed project (via natural systems or past best management practice
(BMP) implementation such as ponds or sedimentation basins). This is the simplest water quality cost
allocation method presented, described by Equation 1:
Areal
Costti = Equation 1
Areatotal
...where C'ost, = cost to member city i
Area, = area within member city i tributary to project
Areaf„,,, = total area tributary to project
The Total Area Method normally should not be used for projects encompassing a wide range of land use
and/or various levels of upstream treatment (and therefore varying pollutant loads). The Total Area cost
allocation method is most applicable when the tributary drainage areas from each member city contribute
similar pollutant loads per unit area. This is likely to occur when tributary watersheds have similar land
use and levels of existing water quality treatment. Criteria for application of this method include:
Page 1 of 16
LMRWMO JPA Exhibit C
page 81
• Similar land uses across member cities' tributary areas
• Similar levels of existing treatment (if applicable) across member cities' tributary areas /land
uses
Method 2: Effective Impervious Area Method
The Effective Impervious Area Method is similar to the Total Area Method in that costs are apportioned
based on the fractions of tributary area within each member city. However, the Effective Impervious
Area Method is based on the fraction of impervious area (versus total area) within each member city, to
account for variation in land use (and imperviousness) throughout the tributary area. The Effective
Impervious Area Method also accounts for existing upstream water quality treatment by applying a
treatment effectiveness coefficient to areas already receiving treatment, in recognition that the pollutant
contribution from ``treated" areas will be less. The Effective Impervious Area Method is appealing
because it accounts for differences in pollutant contribution from tributary areas both due to land use
differences (via an assumed relationship between imperviousness and pollutant loading) and the presence
of upstream treatment.
In the Effective Impervious Area Method, the cost is apportioned to each member city based on the
fraction of that city's effective tributary area to the total effective tributary area. The effective tributary
area includes 100% of the untreated impervious area and a fraction of the treated impervious area. This
method is described by the following formulas:
Areaeffective,i
Costi =
Areaef f ective,total
Area effective,i = Are auntreated imp,i + E * Areatreated imp.,i
Equation 2 -a
Equation 2 -b
...where Cost, = cost to member city i
Areae e, ,e,i = untreated impervious area plus fraction of treated, impervious
Areaetr, ,e,ioial = sum of effective areas of each tributary member city
Area,,,„,.eUiea P = untreated impervious area within member city i tributary to project
Area,,vUiea in,r, i = treated impervious area within member city i tributary to project
E = BMP treatment effectiveness (unitless value from 0 to 1.0, 0.5 proposed
for total phosphorus)
As shown in Equation 2 -b, the Effective Impervious Area Method incorporates treated areas using a
coefficient to account for the treatment efficiency of existing Best Management Practices (BMPs). For
simplicity, a single coefficient of 0.5 is proposed. This value is based on total phosphorus removal
performance presented in Table L8 of the Minnesota ,Stormwater Manual (MPCA, 2008). Other
coefficients may be more applicable for specific pollutants. Impervious areas (both treated and untreated)
are calculated by summing the impervious area for all tributary land uses. Impervious area for each land
Page 2 of 16
LMRWMO JPA Exhibit C
page 82
use is calculated based on the tributary area and an assumed impervious fraction for the given land use
(see Table 1 for example impervious fraction assumptions for a selection of land uses).
Area- = I K-j Areatij
Equation 2 -c
...where Area,n, , = treated or untreated impervious area within member city i tributary to project
Area,,; = area within member city i of land use/ tributary to project
K = fraction of imperviousness for land use/ (unitless value from 0 to 1.0)
The Effective Impervious Area cost allocation method is most applicable when tributary areas are
comprised of different land use types and existing water quality* treatment BMPs. This method simplifies
variability in treatment efficiency in order to limit method complexity. If no existing treatment BMPs are
in- place, this method presents a relatively simple way* to account for variability in land use. Criteria for
application of this method include:
• Impervious areas are present in tributary watersheds
• Varying land uses across tributary watersheds
• Treatment BMPs are present in tributary areas
Table 1. Average impervious fraction of land use types
Land Use
Impervious Fraction
Natural /Park /Open
0.0
Low Density Residential
0.2
High Density Residential
0.4
Institutional
0.5
Highway
0.5
Commercial
0.8
Industrial /Office
0.8
Page 3 of 16
LMRWMO JPA Exhibit C
Method 3: Relative Pollutant Load
page 83
Method 3 — Relative Pollutant Load allocates cost based on the fraction of the total pollutant load to the
project that is contributed by each member city. This method is more detailed than Method 2 (presented
above) in that it estimates pollutant loading (pounds of pollutant per year) from land used and considers
variable effectiveness of existing treatment. While a detailed runoff model (e.g., P8) could be used to
estimate Relative Pollutant Loading, use of a calculation based "simple" method is proposed to limit the
level of computational effort required. The simple method, which is described in the Minnesota
Stormwater Manual, estimates runoff volume and pollutant concentrations based on imperviousness and
land use, as described in the following formulas:
Cos ti =
Wi
Wtotal
Wi = Wuntreated,i + I WBMP,j,i
Wuntreated,i = 0.2 (P) (Rv) (C) (Areauntreated,i)
WBMP,j,i = 0. 2(P)(Rv)(C)(AreaBMP,j,i)(BMPRE)
Equation 3 -a
Equation 3 -b
Equation 3 -c
Equation 3 -d
...where Cost, = cost to member city i
W, = annual load contributed by member city i (lbs /yr)
= total annual load to the project (lbs /yr)
W,�naeared,,, = annual load contributed from untreated areas of member city* i (lbs /yr)
WB,.fP,,; = annual load contributed from areas of member city i treated by BMP j (lbs /yr)
P = annual precipitation (inches)
R„ = runoff coefficient (0.05 + 0. 9 *1) (unitless)
I = average percent imperviousness of tributary area (unitless value from 0 to 1.0)
C = concentration of pollutant in runoff (0.3 mg /L for P in urban environments)
Area „fed, = untreated area within city i tributary to project (acres)
AreaB,fp , = area within city i tributary to treatment BMP/ (acres)
BMPRE = 1 — BMP treatment efficiency* (unitless value from 0 to 1.0)
0.2 = unit conversion factor based on the input parameters as shown above
In the simple method, annual precipitation (P), area, and a runoff coefficient (R„) are multiplied to create a
runoff volume. That volume is multiplied by an assumed pollutant concentration (C) to determine the
load (W). The runoff coefficient is an area - weighted average based on imperviousness. The fraction of
Page 4 of 16
LMRWMO JPA Exhibit C
page 84
imperviousness for each land use type is as described in Method 2 (see Table 1).When there is existing
treatment within the tributary watershed, the pollutant removal is quantified by the removal efficiency of
a given best management practice (BMPE). BMP removal efficiencies are derived from Table L8 of the
Minnesota ,Stormwater Manual (MPCA, 2008). The total load from a member city to the proposed
project is the sum of the untreated load and the treated load from each BMP.
This method is more technical than area -based methods and requires detailed user inputs. This method
accounts for varying degrees of treatment. This method is identical to Method 2 (Impervious Area
Method) if all BMP treatment efficiencies are the same. The benefit of this method is the calculation of
annual load from each area, which may be required for grant reporting or demonstrating waste load
allocation (WLA) compliance. Criteria for application of this method include:
• Varying land uses across tributary watersheds
• Significant treatment BMPs are present in tributary areas
• Wide range in effectiveness of existing treatment
Method 4: Allowable Pollutant Load
Method 4 — Allowable Pollutant Load, apportions cost for water quality improvements similar to the
existing allowable flow method, but based on pollutant load rather than flow. In this method, an upstream
member city's portion of the project cost is based on the percentage of the upstream city's ``excess" load
relative to the total load to the project. Excess load is the total load from the upstream member city less
an "allowable" load. Thus, the upstream city receives a credit for that allowable pollutant load. The
credit is paid by the downstream city in which the project is located. The cost assigned to the city in
which the project is located is based on the ratio of that city's total load (including the allowable pollutant
loads from all upstream member cities) to the total load to the project.
The total load from areas tributary to the project is calculated using the simple method as described in
Method 3 — Relative Pollutant Load. There are many ways that the ``allowable" pollutant load could be
defined. Allowable pollutant load is calculated by multiplying a member city's tributary area by an
export coefficient (pollutant loading per unit area) corresponding to natural conditions. For simplicity*, a
single export coefficient is proposed for each pollutant. An export coefficient of 0.151 cg /ha/year (or 0.17
lbs /acre /year) is proposed for total phosphorus generated from natural areas. This value represents a
combination of forested, mixed, and idle land export coefficients summarized in the Review of Published
Export Coefficients and Event Mean Concentration Data (Lin, 2004). Excess load is calculated as the
difference between the total load and the allowable pollutant load. This method is described by the
formulas shown below:
Costup. i = Wexcess,up. i Equation 4 -a
Wtotal
Wexcess,up. i = Wup. i — Wallowable,up. i Equation 4 -b
Page 5 of 16
LMRWMO JPA Exhibit C
Wallowable,up. i = (Cnat)(Areaup. i)
Cost Cost Cost — Wtotal — E Wexcess,up.
host
cost= cost — up. i —
Wtotal
page 85
Equation 4 -c
Equation 4 -d
...where C'ost „p. ; = cost to upstream member city i
C'ost7,ost = cost to member city* in which the project is located
W<,t,,1 = annual total load to project (lbs, see Method 3 — Relative Pollutant Load)
W „1,. , = annual total load from upstream member city i tributary to project (lbs, see
Method 3 — Relative Pollutant Load)
W,11<,,,,Uble,„/, , = annual allowable pollutant load from upstream member city i tributary to
project (lbs)
= annual excess load from upstream member city i tributary to project (lbs)
= area within upstream member city i tributary to project (acres)
( = pollutant- specific export coefficient (lbs /acre /yr, 0.17 proposed for total
phosphorus)
The allow-able pollutant load calculation shown above is provided as a simple method applicable to most
situations. In some cases (e.g., TMDL waste load allocations) it may be useful to define allowable
pollutant load through other methods. Relative to Method 3 — Relative Pollutant Load, Method 4 rewards
member cities that have taken steps to reduce their loading towards pre - development levels. Criteria for
application of this method are similar to Method 3 and include:
• Varying land uses across tributary watersheds
• Significant treatment BMPs are present in tributary areas
• Wide range in effectiveness of existing treatment
Alternative Approach: Cost for Equivalent Treatment
Cost for Equivalent Treatment apportions the cost for water quality* improvements located downstream of
a member city based on the cost to achieve the same level of treatment through other means. In this
method, an upstream city would contribute to a downstream city's water quality* improvement project
based on the cost of implementing other equally-effective BMPs, and the share of the improvement (or
pounds of loading reduction) that they get credit for. This method implies that a pollutant reduction target
has been established for each city* (i.e., improving the quality of a downstream lake requires a certain level
of treatment throughout the watershed). Desired load reductions could be estimated using the simple
method described in Method 3 (Relative Pollutant Load).
This method could be considered when an upstream city believes the proposed downstream water quality*
improvement project is too expensive as a result of BMP selection and/or other design factors, and a less
Page 6 of 16
LMRWMO JPA Exhibit C
page 86
expensive option exists to achieve the expected results of the downstream project. However, this method
is only applicable if the less expensive option is feasible and can be demonstrated to achieve similar
results, through comparison of estimated load reductions for the proposed project and the alternative,
equivalent treatment. The inherent difficulty* of the Cost for Equivalent Treatment approach is assessing
an appropriate cost for equivalent treatment. The cost of achieving a given load reduction may vary based
on many* factors, including treatment location (i.e., upstream versus downstream), further complicating
the estimation of a cost for equivalent treatment. Given the number of variables involved, this cost
allocation approach is less structured than the other methods.
Ultimately*, the cost for equivalent treatment allocation method must be applied on a case-by-case basis
and should be limited to situations where other cost allocation methods are not applicable or acceptable to
the LMRWMO Board.
Method Comparison via Hypothetical Scenarios
Four hypothetical scenarios involving three contributing cities were developed to illustrate the differences
between cost allocation Methods 1 through 4 (Method 5 — Cost of Equivalent Treatment must be
considered on a case -b. -case basis and cannot be evaluated in the hypothetical situations presented here).
Characteristics of the three contributing cities were varied to create the following four scenarios (see
Figure 1):
• Scenario 1— Identical land use with no treatment
• Scenario 2 — Different land use with no treatment
• Scenario 3 — Identical land use with varying levels of treatment
• Scenario 4 — Different land use with varying levels of treatment
For simplicity*, all four scenarios include three contributing cities, with equal land area contributions. The
contributing areas include:
• City A — 10 acres located in member city A, upstream of the project
• City B — 10 acres located in member city B, upstream of the project
• City C— 10 acres located in member city C, in which the project is located
Each scenario and the resulting relative cost distributions are summarized in the following sections.
Page 7of16
LMRWMO JPA Exhibit C
page 87
Figure T. F'.-:heimati• f sceocirios used to .ev.Tiucre 04,x-oft-Jr methods
G
Seer.3-ici 2
7 re2trre,Z
LITE'
trat
:-opose-1 E rip 1 host c
Figure 1. Schematic of scenarios used to evaluate cost allocation methods
Page 8 of 16
LMRWMO JPA Exhibit C
Scenario 1 - Identical Land Use with No Treatment
page 88
Scenario 1 assumes institutional land use (50 percent impervious area) for all areas within each
contributing city*. All land within each contributing city* is assumed to be untreated. This scenario is
illustrated in Figure 1. The relative cost breakdown between cities A, B, and C is illustrated for each of
the four cost allocation methods in Figure 2.
60%
50%
40%
30%
20%
10%
0%
City A (Upstream City)
City B (Upstream City)
ra City C (Host City)
33% 33% 33%
33% 33% 33%
33% 33% 33%
49%
25% 25%
Method 1- Total Area Method 2 - Effective Method 3 - Relative Method 4 - Allowable
Impervious Area Load Load
Figure 2. Cost allocation results for Scenario 1 - Identical land use
Costs are equally* distributed amongst all cities according to cost allocation Methods 1 through 3 in
Scenario 1. As each city 's contributing area has identical characteristics, each has the same area,
impervious area, and load, resulting in equivalent cost distribution for those methods. In Method 4 -
Allowable Pollutant Load, upstream cities A and B receive a credit for an allowable pollutant load,
reducing their relative cost from 33 percent of the total to 25 percent of the total. City* C, as the host city*,
bears the cost for that credit; the cost to city* C increases from 33 percent to 49 percent.
Page 9 of 16
LMRWMO JPA Exhibit C
Scenario 2 - Different land use with no treatment
page 89
Scenario 2 assumes a unique land use type for each contributing city. City A is classified as low density
residential land use (20 percent impervious). City B is classified as commercial land use (80 percent
impervious). City C, the host city, is designated as institutional land use (50 percent impervious), as in
Scenario 1. No treatment is assumed for any of the contributing area. This scenario is illustrated in
Figure 1. The relative cost breakdown between cities A, B, and C is illustrated for each of the four cost
allocation methods in Figure 3.
60%
50%
40%
30%
20%
10%
0°%
Method 1- Total Area Method 2 - Effective Method 3 - Relative Method 4 - Allowable
Impervious Area Load Load
II City A (Upstream City)
• City B (Upstream City)
Ei City C (Host City)
53%
51%
15%
Figure 3. Cost allocation results for Scenario 2 - Different land use
In Scenario 2, the different land uses result in significantly different cost allocations for Method 2 -
Effective Impervious Area as compared to Method 1- Total area. Method 3 - Relative Pollutant Load
returns a cost allocation approximately equal to Method 2, as there is no treatment in any of the
contributing areas. The small difference between Methods 2 and 3 is due to the runoff coefficient used in
the simple method formula to calculate pollutant load. In Scenario 2, the load from city B is much greater
than its allowable pollutant load, resulting in a smaller cost difference between Method 3 and Method 4 -
Allowable Pollutant Load. Thus, the additional allowable pollutant load borne by the host city (city C) is
smaller than in Scenario 1.
Page l0 of 16
LMRWMO JPA Exhibit C
page 90
Scenario 3 - Similar land use with varying treatment
Scenario 3 assumes the same land use as in Scenario 1, but adds various levels of existing water quality*
treatment. City* A has no treatment. In city* B, half of the tributary area is treated via a pond; the other
half is treated by infiltration. Half city* C's contributing area is treated by a pond and the remaining half
of the area is untreated. Pollutant removal efficiency* is assumed to be 50 percent for a pond and
100 percent for infiltration. This scenario is illustrated in Figure 1. The cost breakdown between cities
A, B, and C is illustrated for each of the four cost allocation methods in Figure 4.
60%
50%
• City A (Upstream City)
E City B (Upstream City)
fg City C (Host City)
4%
50%
57%
Method 2 - Effective Method 3 - Relative Method 4 - Allowable
Impervious Area Load Load
Figure 4. Cost allocation results for Scenario 3 - Identical land use with treatment
As with Scenarios 1 and 2, Method 1- Total Area results in an equal cost allocation among each city*. In
Method 2 - Effective Impervious Area, the cost to city* A is increased due to the lack of existing treatment
BMPs within its contributing area. City* B has the lowest "effective" imperviousness because 100% of the
contributing area receives some kind of treatment. The cost to city* C is higher than city* B because only
half of the area in city* C receives treatment. In Scenario 3, Method 3 - Relative Pollutant Load results in
a reduced cost for city* B relative to Method 2 because the average treatment efficiency* for the two BMPs
is greater than the overall efficiency* assumed in method 2 (50% pollutant removal). The relative cost to
city* C between Method 2 and Method 3 is similar, as the assumed treatment efficiency* in Method 2 is the
same as the treatment efficiency* of the single pond in Method 3. The relative cost to city* A is similar
between Methods 2 and 3 because there is no treatment in city* A. Using Method 4 - Allowable Pollutant
Load, the cost assigned to city* A decreases because city* A gets a credit for the load expected under
natural watershed conditions ("allowable" load). City* B receives the same credit; the cost assigned to city*
B is minimal because the treatment present in city* B reduces the total load to a value close to the
allowable pollutant load. The cost to city* C increases relative to the other methods, as city* C must bear
the cost of the allowable pollutant load credited to city* A and city* B.
Page 11 of 16
LMRWMO JPA Exhibit C
page 91
Scenario 4 - Different land use with varying treatment
Scenario 4 is the most complex scenario and a scenario likely* to occur in the LMRWMO. This scenario
combines the differing land use types in Scenario 2 with the varying levels of existing water quality*
treatment of Scenario 3. This scenario is illustrated in Figure 1. The cost breakdown between cities A, B,
and C is illustrated for each of the four cost allocation methods in Figure 5.
70%
60%
50%
40%
30%
20%
10%
0°%
II City A (Upstream City)
• City B (Upstream City)
Ei City C (Host City)
72%
Method 1 - Total Area Method 2 - Effective Method 3 - Relative Method 4 - Allowable
Impervious Area Load Load
Figure 5. Cost allocation results for Scenario 4 - Different land use with treatment
Method 1- Total Area results in the same cost breakdown as the other scenarios. In Method 2 -
Effective Impervious Area, the lower imperviousness of city* A reduces its cost share relative to Method 1.
For city B and city* C, the costs are approximately* the same, as the more intense land use in city* B is offset
my more treatment. Like Scenario 3, the cost to city B is reduced in Method 3 - Relative Pollutant Load
relative to Method 2 because the treatment efficiencies for the two BMPs in city B are greater than the
assumed treatment efficiency* in Method 2. As in Scenario 3, the reduction in relative cost to city B when
moving from Method 2 to Method 3 results in increased relative costs to city A and city C. Method 4 -
Allowable Pollutant Load, provides credit to city A and city B for their allowable pollutant loads,
resulting in decreased relative costs to those cities and increased relative cost to city* C as compared to the
other methods.
Page 12 of 16
LMRWMO JPA Exhibit C
page 92
Summary and Recommendations
Several potential cost allocation methods are presented in this memorandum. The four scenarios
described in this memo provide an opportunity* to compare and contrast potential water quality* project
cost allocation methods. Table 2 includes a summary of the cost breakdown between the three
hypothetical cities for all cost allocation methods and scenarios. The cost to each city* as a fraction of the
total project cost is also presented in Figure 6 for all methods and all scenarios. The inputs used in these
scenarios are summarized in Table 3.
Table 2. Summary of cost allocation results for all methods and scenarios
Method
Cost to City A / B / C as Percent of Total
Scenario 1
Scenario 2
Scenario 3
Scenario 4
Method 1— Total Area
33
/33/33
33
/33/33
33
/33/33
33
/33/33
Method 2 — Impervious Area
33
/33/33
13
/53/33
44
/22/33
21
/41/38
Method 3 — Relative Pollutant Load
33
/ 33 / 33
15
/ 51 / 33
50
/ 13 / 38
29
/ 24 / 47
Method 4 — Allowable Pollutant
Load
25
/25/49
9
/45/46
40
/3/ 57
17
/12/ 72
Method 2 — Total Area, Method 3 — Relative Pollutant Load, and Method 4 — Allowable Pollutant Load
all possess a wide range of applicability*, as these methods account for differing land use and existing
treatment in tributary watershed areas.
Method 4 — Allowable Pollutant Load is unique among the cost allocation methods in that it applies an
"allowable load" credit to the upstream cities, resulting in increased relative cost to city* C. This trend is
apparent in each hypothetical scenario. This is most pronounced in Scenario 4, when city* A and city* B
are contributing loading close to their allowable pollutant loads. This effect is masked somewhat in
Scenario 2, when upstream city* B is contributing load well in excess of its allowable pollutant load.
Methods 2 and 3 provide similar results when treatment is not present (Scenarios 1 and 2), but deviate
when treatment is present (Scenarios 3 and 4).
Method 4 — Allowable Pollutant Load differs from all other methods in that it gives upstream cities credit
for the load expected under natural conditions. Should the LMRWMO wish to maintain this credit,
Method 4 is recommended in all situations. If credit for allowable pollutant load is not deemed necessary,
Methods 2 and 3 are recommended. When treatment is not present, Method 2 — Impervious Area is
recommended. When treatment is present, Method 3 — Relative Pollutant Load is recommended.
Selecting a Cost Allocation Method
The applicability of each cost allocation method described herein varies according to the specifics of the
proposed project. In general, use of the simplest method deemed appropriate and acceptable to the
LMRWMO Board shall be used. Because of the additional effort associated with the Cost for Equivalent
Treatment option, use of that allocation approach should be limited to instances when the affected
member cities cannot agree to another cost allocation method.
Page 13 of 16
LMRWMO JPA Exhibit C
page 93
The following should normallvT be used for method selection, but is not mandator*:
• If the tributary drainage areas from each member city are similar, consider Method 1 (Total
Area Method).
• If the project cost is relatively low, consider Method 1 (Total Area Method) or Method 2
(Effective Impervious Area Method).
• If treatment BMPs are present in upstream tributary areas, consider Method 2 (Effective
Impervious Area Method), Method 3 (Relative Pollutant Load) or Method 4 (Allowable
Pollutant Load).
• If a quantitative calculation of pollutant load is required, consider Method 3 (Relative Pollutant
Load) or Method 4 (Allowable Pollutant Load).
• When a reduction in an upstream city's financial obligation for stormwater discharged to a
downstream community is appropriate due to implementation of BMPs in the upstream
tributary area, consider Method 4 (Allowable Pollutant Load).
• If affected member cities are dissatisfied with all other methods, consider using the Cost for
Equivalent Treatment allocation method.
When the information and resources allow, calculation and comparison of all four methods are
recommended as part of determining the most appropriate cost allocation. The LMRWMO Board mavT
determine that the most appropriate cost allocation is based directivT on one of the four methods identified
herein, or it may be an average or combination of several different methods. Understanding the range of
possible cost allocation scenarios will result in greater confidence in the ultimate cost allocation selected.
Page 14 of 16
page 94
Date: March 8, 2012
Page: 15
Percent of Project Cost
100%
90%
80%
70%
60%
50%
40%
30%
20%
10%
0%
II
Scenario 1
za
eh", eiS
av,a VA2
Scenario 2
in. Z1 OE OE
Scenario 3
b.?
Scenario 4
E City C (host)
• City B (upstream)
City A (upstream)
• 6 6 E• 6 6 • 6 6 cy* 6
a e1,' eC° eb. .-
\P o
\--- • o \ - o o1.6 Ob- \ - o Ob. Ob \ • o1.6 Ob-
P- e:5..\ ...4e, sse,
\,
a
<c? - . . . s 4e , ssz
\, \,
<c? - . ..•
\,
,\o
N, ...„\e• <2- .\,• ...4e• ,S.-- (1-) .\,• ...4e• S.-- (1-) .\,• ...4e• S.-- .11-)
,•., s's.2' CP erb‘.
• b<
' b<
's ‘■.2' ,.06 6.b`
,
Scenario 1
- identical land use
- no treatment
Scenario 2
- different land use
- no treatment
Scenario 3
- identical land use
- varying treatment
Scenario 4
- different land use
- varying treatment
Figure 6. Summary of cost allocation results for all scenarios
LMRWMO JPA Exhibit C
Table 3. Summary of contributing area inputs for Scenarios 1 through 4
page 95
Watershed Characteristic
Scenario 1
Scenario 2
Scenario 3
Scenario 4
City A
City B
City C
City A
City B
City C
City A
City B
City C
City A
City B
City C
Total Area (acres)
10
10
10
10
10
10
10
10
10
10
10
10
Land Use
Inst
Inst
Inst
Res
Com
Inst
Inst
Inst
Inst
Res
Com
Inst
Impervious Fraction
0.5
0.5
0.5
0.2
0.8
0.5
0.5
0.5
0.5
0.2
0.8
0.5
Is there treatment?
No
No
No
No
No
No
No
Yes
Yes
No
Yes
Yes
Untreated Area (acres)
10
10
10
10
10
10
10
0
5
10
0
5
Area treated by BMP 1 (single pond)
5
5
--
5
5
BMP 1 Removal Efficiency
0.5
0.5
--
0.5
0.5
Area treated by BMP 2 (infiltration)
5
--
--
5
--
BMP 2 Removal Efficiency
1.0
--
--
1.0
--
Page 16 of 16
page 96
ORIGINAL AGREEMENT
REVISED AND RESTATED
JOINT POWERS AGREEMENT
ESTABLISHING A WATERSHED MANAGEMENT ORGANIZATION
FOR THE LOWER MISSISSIPPI RIVER WATERSHED
THE PARTIES TO THIS AGREEMENT ( "Agreement ") are Members of the
Lower Mississippi River Watershed Management Organization and have land that drain
surface water into the Mississippi River. This Agreement amends and restates the original
Joint Powers Agreement between the Members which became effective in 1985 and
includes all prior Amendments to the 1985 Joint Powers Agreement. This Agreement is
made pursuant to the authority conferred upon the parties by Minn. Stat. §§ 471.59 and
103B.201 - 103B.252.
SECTION 1. NAME AND LEGAL BOUNDARY. The parties hereby establish the
Lower Mississippi River Watershed Management Organization, hereinafter referred to as
the "WMO." The "Legal Boundary Map of the Lower Mississippi River Watershed
Management Organization" is attached hereto as Exhibit A.
SECTION 2. PURPOSE. The purpose of this Agreement is to provide an
organization to regulate the natural water storage and retention of the Lower Mississippi
watershed to:
A. Protect, preserve, and use natural surface and ground water storage
and retention systems;
B. Minimize public capital expenditures needed to correct flooding and
water quality problems;
C. Identify and plan for means to effectively protect and improve surface
and ground water quality;
D. Establish more uniform local policies and official controls for surface
and ground water management;
E. Prevent erosion of soil into surface water systems;
page 97
F. Promote ground water recharge;
G. Protect and enhance fish and wildlife habitat and water recreational
facilities;
H. Secure the other benefits associated with the proper management of
surface and ground water; and
f. Carry out all the duties and responsibilities in Minn.
Stat. §§ 471.59 and 103B.201 - 103B.252.
SECTION 3. DEFINITIONS.
Subdivision 1. 'Allowable Flow" means the rate and volume of flow,
according the to design criteria set forth in the Watershed Management Plan, at which a
Member community may discharge into the drainage system without financial obligation
and as the rate and volume of surface water runoff from a tributary area under natural
conditions, with a drainage system in place which has been designed and constructed
according to the criteria stated herein, excluding diverted waters. Current topographic
data that exists on the enactment date of this Agreement shall be used for the
determination of the natural conditions and calculation of the allowable flow.
Subdivision 2. "Board" means the board of managers of the WMO.
Subdivision 3. "Council" means the governing body of a governmental unit
which is a Member of this WMO.
Subdivision 4. "Drainage Facilities" means any improvement constructed
for the conveyance or storage of surface water.
Subdivision 5. "Drainage System" means the combination of drainage
facilities required to safely control or convey runoff water from a major tributary drainage
area(s) to a point of final discharge into a water body.
.1PARevised and RestatedLawer Mississippi WMO.DOC
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page 98
Subdivision 6. "Excessive Flow" means that rate and volume of flow,
calculated according to the design criteria in the Watershed Management Plan, from a
Member which is in excess of the allowable flow of that Member.
Subdivision 7. "Governmental Unit" means any city.
Subdivision 8. 'Lower Mississippi River Watershed" or "Watershed" means
the area contained within the "Legal Boundary Map of the Lower Mississippi River Water
Management Organization" attached hereto as Exhibit "A".
Subdivision 9. "Manager" means the representative appointed to the
Board by a Member.
Subdivision 10. "Member" means a governmental unit which enters into
this Agreement.
Subdivision 11. "Natural Conditions" means the characteristics of the land
on the date of enactment without regard to any urban development including structures,
parking lots, or other artificial improvements.
Subdivision 12. "Rate of Flow" means the discharge of surface water
runoff as a function of time which has been calculated according to the design criteria
identified in the Watershed Management Plan. The rate of flow shall apply to the design
and construction of open channels and storm sewer conduits.
Subdivision 13. "Volume of Flow" means the total discharge of all surface
water runoff which has been calculated according to the design criteria identified in the
Watershed Management Plan. The volume of runoff flow shall apply to the design and
construction of detention facilities.
7PARevised and RestatedLower Mississippi WMO.DOC
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page 99
Subdivision 14. "Watershed Management Organization" or "WMO" means
the organization created by this Agreement the full name of which is "Lower Mississippi
River Watershed Management Organization." It shall be a public agency of its Members.
SECTION 4. MEMBERSHIP. The Membership of the WMO shall consist of the
following governmental units, each entitled to the following eligible votes:
Member
City of Inver Grove Heights
City of Lilydale
City of Mendota Heights
City of Saint Paul
City of South Saint Paul
City of Sunfish Lake
City of West Saint Paul
Votes
3 votes
1 vote
2 votes
2 votes
2 votes
1 vote
2 votes
No change in governmental boundaries, structure, organizational status, or
character shall affect the eligibility of any governmental unit listed above to be represented
on the WMO, so long as such governmental unit continues to exist as a separate political
subdivision. A majority of all eligible votes shall be sufficient for all matters, unless
otherwise provided for in this Agreement. A majority vote of all Members, with each
Member having one vote, shall be required for Section 7. A Member may not cast a split
vote. Any Member that fails to contribute. their share of the WMO annual administration
fund or their allocation of a capital improvement cost, shall be declared ineligible for voting
on all matters before the Board, until such contribution is made to the WMO.
SECTION 5. ADVISORY COMMITTEES.
Subdivision 1. Technical Advisory Committee. The following governmental
subdivisions or agencies shall be requested to appoint a non - voting advisory Member to
the WMO: Dakota County, Ramsey County, Dakota County Soil and Water Conservation
District. The advisory Members shall not be required to contribute funds for the operation
JBARevised and RestatedLower Mississippi WMO.DOC
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4
page 100
of the WMO, except as provided in Minn. Stat. § 103B.251, but may provide technical
services.
Subdivision 2. Citizen Advisory Committee. The WMO may establish a
citizen advisory committee ( "CAC ") from the public at large to provide input on Watershed
Management Plan revisions and other matters as deemed appropriate. The CAC shall be
appointed by the WMO considering individuals nominated by each Member. The WMO
will notify each Member of its intent to establish a CAC, will specify the purpose and
duration of the CAC, and will request each Member to nominate candidates to be
considered for appointment by the WMO. At the time of establishment of a CAC, the
WMO will appoint a chair of the CAC, a board member liaison to the CAC, establish a time
for submittal of any comments, and specify the support the WMO will provide to the CAC.
SECTION 6. BOARD OF MANAGERS.
Subdivision 1. Appointment. The governing body of the WMO shall be its
Board. Each Member shall be entitled to appoint one Manager and an alternate on the
Board. The alternate shall have the right to vote in the absence of their representative.
Vacancies in the office of Manager shall be filled for the remainder of the term by the
Member which appointed or had the right to appoint the Manager. All vacancies shall be
filled within ninety (90) days after they occur.
Subdivision 2. Eligibility or Qualification. The Council of each Member
shall determine the eligibility or qualification of its representative on the WMO.
Subdivision 3. Term. The Managers shall not have a fixed term, but shall
serve at the pleasure of the Member appointing such Manager to the Board.
JPARevised and RestatedLower Mississippi WMO.DOC
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tJ-
page 101
Subdivision 4. Removal. A Manager may not be removed from the Board
prior to the expiration of his or her term, unless the Manager consents in writing or unless
removed in accordance with the procedures provided under Minnesota Rules 8410.0040.
Subdivision 5. Compensation. Managers shall serve without
compensation from the WMO, but this shall not prevent a Member from providing
compensation for its Manager.
Subdivision 6. Organizational Meeting. At the first meeting of the Board
each year, the Board shall elect from its Managers a chair, a vice chair, a
secretary/treasurer, and such other officers as it deems necessary to conduct its meetings
and affairs. The Board shall adopt rules of order and procedure governing its meetings
and affairs. The rules of order and procedure may be amended from time to time at either
a regular or a special meeting of the Board provided that at least ten (10) days' prior notice
of the proposed amendment has been furnished to each person to whom notice of the
Board meetings is required to be sent. A majority vote of all eligible votes of the Members
of the WMO shall be sufficient to adopt any proposed amendment to such rules of order
and procedure.
Subdivision 7. Annual Meeting Requirement. The Board shall meet at
least annually, at times and places selected by the Board. if the Board changes its
regularly established meeting place or time, it shall place a notice of the change on a
bulletin board at least three (3) days in advance in the building where it was scheduled to
meet.
Subdivision 8. Committees. The Board may establish committees as it
deems appropriate.
JPARevised and RestatedLower Mississippi WMO.DOC
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page 102
Subdivision 9. Quorum. The Board shall not take any action without a
quorum present. A quorum shall be at least four Members.
SECTION 7. POWERS AND DUTIES OF THE WMO. The WMO, acting by its
Board:
Subdivision 1. Shall prepare, adopt and implement a Watershed
Management Plan meeting the requirements of Minn. Stat. § 103B.231;
Subdivision 2. Shall review and approve local water management plans as
provided in Minn. Stat. § 103B.235;
Subdivision 3. Shall exercise the authority of a watershed district under
Minn. Stat. Chapter 1 03D to regulate the use and development of land in the
watershed when one or more of the following conditions exist:
A. The local government unit exercising planning and zoning
authority over the land under Minn. Stat. §§ 366.10 to 366.19, 394.21 to
394.37, or 462.351 to 462.364 does not have a local water management
plan approved and adopted in accordance with requirements of Minn. Stat. §
103B.235 or has not adopted the implementation program described in the
plan.
B. An application to the local government unit for a permit for the
use and development of land, requires an amendment to, or variance from,
the adopted local water management plan or implementation program of the
local unit.
C. The local government unit has authorized the WMO to require
permits for the use and development of land.
Subdivision 4. Shall adopt an annual work plan.
Subdivision 5. May employ such persons as it deems necessary to
accomplish its duties and powers.
Subdivision 6. May contract for space and for material and supplies to
carry on its activities either with a Member or elsewhere.
Subdivision 7. May acquire necessary personal and real property to carry
out its powers and its duties.
JPARevised and RestatedLower Mississippi WMO.DOC
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page 103
Subdivision 8. May make necessary surveys or use other reliable surveys
and data, and develop projects to accomplish the purposes for which the WMO is
organized.
Subdivision 9. May cooperate or contract with the State of Minnesota or
any subdivision thereof or federal agency or private or public organization to accomplish
the purposes for which it is organized.
Subdivision 10. May order any governmental unit to carry out the local
water management plan which has been approved by the Board. If the local unit of
government fails to do so, in addition to other remedies, in its discretion, the Board may
implement any required action or improvement in accordance with this Agreement.
Subdivision 11. May acquire, operate, construct, and maintain the capital
improvements delineated in the Watershed Management Plan adopted by the Board.
Subdivision 12. May contract for or purchase such insurance as the Board
deems necessary for the protection of the WMO and its Board.
Subdivision 13. May establish and maintain devices for acquiring and
recording hydrological and water quality data within the watershed area of the WMO.
Subdivision 14. May enter upon lands within or without the watershed to
make surveys and investigations to accomplish the purposes of the WMO.
Subdivision 15. May provide any Member with technical data or any other
information of which the WMO has knowledge which will assist the Member in preparing
and use classifications or local water management plans within the watershed.
Subdivision 16. May provide legal and technical assistance in connection
with litigation or other proceedings between one or more of its Members and any other
political subdivision, commission, board, corporation, individual, or agency relating to the
JPARevised and RestatedLower Mississippi WMO_DOC
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page 104
planning or construction of facilities to drain or pond storm waters or relating to water
quality within the WMO.
Subdivision 17. May accumulate reserve funds for the purposes herein
mentioned and may invest funds of the WMO not currently needed for its operations.
Subdivision 18. May collect money, in accordance with the provisions of
this Agreement, from its Members and from any other source approved by the Board.
Subdivision 19. May make contracts, incur expenses, and make
expenditures necessary and incidental to the effectuation of its purposes and powers.
Subdivision 20. Shall cause to be made an annual audit of the books and
accounts of the WMO and shall make and file a report to its Members at least once each
year including the following information:
A. The financial condition of the WMO;
B. The status of all WMO projects and work within the watershed; and
C. The business transacted by the WMO and other matters which affect
the interests of the WMO. Copies of the report shall be transmitted to the clerk of
each Member by March 31 of each year.
Subdivision 21. Shall make the WMO's books, reports, and records
available for and open to inspection by its Members or the public at all reasonable times.
Subdivision 22. May recommend changes in this Agreement to its
Members. Any amendments shall require ratification by all the parties to this Agreement.
Subdivision 23. May exercise all other powers necessary and incidental to
the implementation of the purposes and powers set forth herein and as authorized by
Minn. Stat. §§ 103B.201 through 103B.252.
Subdivision 24. Must solicit proposals for all legal, engineering, auditing,
and other technical services in accordance with Minnesota Statutes § 1038.227, subd. 5.
WARevised and RestatedLower Mississippi WMO.DOC
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4
page 105
Subdivision 25. Shall coordinate its planning activities with contiguous
watershed management organizations and counties conducting water planning and
implementation under Minn. Stat. Chapter 103B.
Subdivision 26. Shall designate one or more legal newspapers of general
circulation which are published in the county(ies) in which the watershed is located.
SECTION 8. POWERS AND DUTIES OF THE OFFICERS OF THE BOARD.
Subdivision 1. It shall be the duty of the Chair of the Board to:
A. Attend and preside at all meetings of the Board;
B. Assist in the preparation of meeting agendas and the annual work
plan;
C. See that orders and resolutions of the Board are carried into effect;
D. Sign and execute documents as may be required for the Board's
exercise of its powers, except as otherwise required by law; and
E. Perform such other duties applicable to the office as are necessary to
fulfill the powers and duties of the Board as set forth in this Agreement, and as provided by
law.
Subdivision 2. It shall be the duty of the Vice Chair of the Board to:
A. Perform the duties of the Chair in the Chair's absence; and
B. Perform other duties as assigned from time to time by the Board.
Subdivision 3. It shall be the duty of the Secretary/Treasurer of the Board
to:
A. Keep and post a true and accurate record of the proceedings of all
meetings of the Board;
Agreement;
B. Keep a record of all amendments, alterations and additions to this
C. Prepare and process all correspondence;
D. Prepare and file all reports and statements as required by law and
this Agreement;
7PARevised and RestatedLower Mississippi WMO.DOC
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page 106
E. Keep all financial accounts of the WMO, and prepare and present to
the Board full and detailed financial statements of the WMO prior to its annual meeting;
and
F. Perform other duties as assigned from time to time by the Board.
SECTION 9. CONSTRUCTION OF IMPROVEMENTS.
Subdivision 1. All construction, reconstruction, extension or maintenance
of WMO improvements, including outlets, lift stations, dams, reservoirs, or appurtenances
of a surface water or storm sewer system ordered by the WMO which involve potential
construction by or assessment against any Member or against privately or publicly owned
land within the watershed shall adhere to the following procedures set forth in this section.
The Board shall secure from its engineers or some other competent person a preliminary
report advising it whether the proposed improvement is feasible, whether there are
feasible alternatives, whether the proposed improvement shall best be made as proposed
or in conjunction with some other improvement, a determination of the quantity and/or
quality of storm and surface water contributed to the improvement by each Member, the
estimated cost of the improvement(s), including maintenance, the estimated cost to each
Member, and evaluating the consistency of the improvement with the Watershed
Management Plan capital improvement section. The Board shall then hold a public
hearing on the proposed improvement. Notice of the hearing shall be mailed to the clerk
of each affected Member and shall also be published in the Board's official newspaper(s).
The notice shall be mailed not less than forty -five (45) days before the hearing, shall state
the time and place of the hearing, the general nature of the improvement, the estimated
total cost, and the estimated cost to each Member.
To order the improvement, a resolution setting forth the order shall require a
favorable majority vote of all eligible votes of the Members of the WMO. The order shall
7PARevised and RestatedLower Mississippi WMO.DOC
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describe the improvement, shall allocate in percentages the cost allocation among the
Members, shall determine the method of financing, shall designate the engineers to
prepare plans and specifications, and shall designate the entity that will contract for the
improvement. The Board shall not order and no engineer shall prepare plans and
specification before the Board has adopted a resolution ordering the improvement. After
the Board has ordered an improvement, it shall forward the preliminary report to all
affected Members with an estimated time schedule for the construction of the
improvement.
The Board shall allow not Tess than 90 days, nor more than 270 days, for each
Member to conduct hearings as provided by law or applicable charter requirements, to
approve the construction and the method of financing of the improvement which the
Member will use to pay its proportionate share of the costs of the improvement.
If the WMO proposes to use Dakota County's and /or Ramsey County's bonding
authority, or if the WMO proposes to certify all or any part of an improvement to Dakota
and/or Ramsey County for payment, then and in that event all proceedings shall be carried
out in accordance with Minn. Stat. § 103B_251.
The Board may order advertising for bids upon receipt of notice from each Member
which will be assessed that it has completed its hearing or determined its method of
payment, or upon expiration of 270 days after the mailing of the preliminary report to the
Members, whichever occurs first.
Subdivision 2. Any Member aggrieved by the determination of the Board
as to the financing of an improvement or allocation of the costs of an improvement shall
have thirty (30) days after the WMO resolution ordering the improvement to appeal the
determination �� to arbitration. The shall be iri writing requesting the arbitration and
�fLraLEf�l 1. TE le appeal SI Eci
JPARevised and RestatedLower Mississippi WMO.DOC
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shall be addressed to the Board in c/o City of South St. Paul, 125 3rd Ave. N., South St.
Paul, MN 55075. The determination of the Member's appeal shall be referred to a Board
of Arbitration. The Board of Arbitration shall consist of three (3) persons: one to be
appointed by the Board, one to be appointed by the appealing Member, and the third to be
appointed by the two so selected. In the event the two persons so selected do not appoint
the third person within fifteen (15) days after their appointment, then the chief judge of the
District Court of Dakota County shall have jurisdiction to appoint, upon application of either
or both of the two earlier selected, the third person to the Board of Arbitration. The third
person selected shall not be a resident of any Member and if appointed by the chief judge,
shall be a person knowledgeable in the subject matter of the dispute. The arbitrators'
expenses and fees, together with the other expenses, not including counsel fees, incurred
in the conduct of the arbitration shall be divided equally between the WMO and the
appealing Member. Arbitration shall be conducted in accordance with the Uniform
Arbitration Act, Minn. Stat. Chapter 572. Arbitration must be completed within the 270 day
period provided for in Subdivision 1 of this Section.
Subdivision 3. Contracts for Improvements. The bidding and contracting
of the work may be let by any Member or by the WMO as determined by the Board, in
compliance with state statutes. Contracts and bidding procedures shall comply with all
legal requirements.
Subdivision 4. Supervision. All improvement contracts shall be supervised
by the entity awarding the contract. A WMO representative shall also be authorized to
observe and review the work in progress and the Members agree to cooperate with the
WMO representative in accomplishing the WMO's purposes. Representatives of the WMO
shall have the right to enter upon the place or places where the improvement work is in
7PARevised and RestatedLower Mississippi WMO.DOC
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page 109
progress for the purpose of making reasonable tests and inspections. The WMO
representative shall report to the Board on the progress of the work.
Subdivision 5. Land Acquisition. The WMO shall not have the power of
eminent domain. All easements or interest in land which are necessary for an
improvement will be negotiated or condemned in accordance with Minn. Stat. Chapter 117
by the Member where the and is located, and each Member agrees to acquire the
necessary easement or right -of -way or partial or complete interest in land upon order of
the Board to accomplish the purposes of this Agreement. All reasonable costs of the
acquisition, including attomey's and appraiser's fees, shall be a cost of the improvement,
and shall be allocated according to the formula for allocating Capital Improvement cost in
Section 10, Subdivision 7. If a Member determines it is in its best interests to acquire
additional rights in lands for some other purposes, in conjunction with the taking of lands
for the improvement, the costs of the acquisition of additional rights in lands will not be
included in the improvement costs. The Board, in determining the amount of the
improvement costs to be assessed to each Member, may take into consideration the land
use for which the additional lands are being acquired and may credit the acquiring
Member for the land acquisition to the extent that it benefits the other Members. Any
credits may be applied to the cost allocation of the improvement, or the Board, if feasible
and necessary, may defer the credits to a future improvement.
Members may not condemn or negotiate for land acquisition to pond or drain storm
and surface waters within the corporate boundaries of another Member within the WMO.
Ji'ARevised and RestatedLower Mississippi WMO.AOC
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page 110
SECTION 10. FINANCES.
Subdivision 1. Disbursements. The WMO funds may be expended by the
Board in accordance with this Agreement in a manner determined by the Board. The
Board shall designate one or more national or state bank or trust companies authorized to
receive deposits of public monies to act as depositories for the WMO funds. In no event
shall there be a disbursement of WMO funds without approval by the Board and the
signature of at least two (2) Board Members, one of whom shall be an officer. The Board
may require the secretary/treasurer to file with the Board a bond in the sum of at least
$10,000 or such higher amount as shall be determined by the Board. The WMO shall pay
the premium on said bond.
Subdivision 2. Budget. On or before July 1 of each year, the Board shall
adopt a general fund budget ( "Budget ") by a majority vote of all Members (with each
Member having one vote) for the ensuing year and decide upon the total amount
necessary for the general fund. The secretary/treasurer of the Board shall certify the
Budget to the clerk of each Member, together with a statement of the proportion of the
Budget to be provided by each Member, computed in accordance with Section 10,
Subdivision 5. The council of each Member shall review the Budget, and the Board shall
upon notice from any Member received prior to August 1, hear objections to the Budget,
and may, upon notice to all Members of the time, date, place of and right to participate in
the hearing and after a hearing, modify or amend the Budget, and then give notice to the
Members of any and all modifications or amendments. Each Member agrees to provide
the funds required by the Budget by February 15th of each year.
If a Member fails to provide its share of the funds required by the Budget by
February 15 of each year, the unpaid balance of the funds shall accrue interest at a rate of
7PARevised and RestatedLower Mississippi WMO.DOC
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page 111
eight percent (8 %) per annum commencing the day following February 15th of the year in
which the funds were due. The WMO may take whatever action, at law or in equity it
deems appropriate, to collect any amounts due from a Member under this Agreement.
The Member agrees to pay the cost of collection, including reasonable attorneys' fees.
Subdivision 3. Maintenance. The Board shall have the option of funding
maintenance work through the Budget, or funding as a capital improvement in accordance
with Subdivision 6 of this Section. Maintenance costs that are associated with an
improvement in the approved Capital Improvement Program, shall be allocated according
to the same formula as is applicable for allocating capital improvement costs as identified
in Section 10, Subdivision 7. The Members affected by the improvement shall decide on
the level of maintenance to be applied to the improvement. If the Members cannot agree,
the Board shall make the determination.
Subdivision 4. Tax Levy. If authorized by law, the WMO may levy a tax.
The proceeds of any tax levied under this subdivision shall be expended only for the
purposes authorized by law. The WMO may accumulate the proceeds of levies as an
alternative to issuing bonds to finance improvements.
Subdivision 5. General Fund. Each. Member agrees to contribute each
year to a general fund to be used for general administration purposes including, but not
limited to: improvement projects, salaries, rent, supplies, development of an overall plan,
insurance, bonds, and to purchase and maintain devices to measure hydrological and
water quality data. The funds may also be used for any other purpose authorized by this
Agreement. The annual contribution by each Member shall be based fifty percent (50 %)
on taxable market value (for the preceding year) and fifty percent (50 %) on area in
accordance with the following formula:
JPARevised and RestatedLower Mississippi WMO.DOC
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Annual Watershed Levy = L
Taxable Market Value of a
Member's Property in the Watershed = MV
Taxable Market Value of All Property in the Watershed = TV
Acres of Property a Member Has in the Watershed = A
Total Acres in Watershed = TA
Member Required Contribution = C
1 /2Lx MV + %/Lx A =C
TV TA
Subdivision 6. Capital Improvement.
A. All capital improvements ordered by the Board must be included in
the WMO's adopted capital improvement program. An improvement fund shall be
established for each improvement ordered by the WMO. If ordered by the Board,
each Member agrees to contribute to the funds its proportionate share of the
engineering, legal, and administrative costs as determined by the amount to be
assessed against each Member as a cost of the improvement. The Board shall
submit in writing a statement to each Member, setting forth in detail the expenses
incurred by the WMO for each improvement.
Each Member further agrees to pay its proportionate share of the cost of the
improvement in accordance with the determination of the Board, under Section 10,
Subdivision 7. The Board or the Member awarding the contract shall submit in
writing copies of the engineer's certificate authorizing payment during construction
and the Member being billed agrees to pay its share of the costs within thirty (30)
days after receipt of the statement. The Board may also require payment from
Members before awarding a contract based upon an engineer's estimate of cost.
Billings will then be adjusted when actual costs are known. The Board or the
Member awarding the contract shall advise other contributing Members of the
tentative time schedule of the work and the estimated times when the contributions
shall be necessary.
B. Notwithstanding the provisions of paragraph (A) of this Subdivision,
the WMO may also fund all or any part of the cost of a capital improvement
contained in the capital improvement program of the plan in accordance with Minn.
Stat. § 103B.2511. The WMO and Dakota County and/or Ramsey County may
establish a maintenance fund to be used for normal and routine maintenance of an
improvement constructed in whole or in part with money provided by Dakota and /or
Ramsey County pursuant to Minn. Stat. § 103B.251. The levy and collection of an
ad valorem tax levy for maintenance shall be by Dakota and /or Ramsey County
based upon a tax levy resolution adopted by the WMO and remitted to the
7PARevised and RestatedLower Mississippi WMO.DOC 17
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page 113
county(ies) on or before October 1. of each year. If it is determined to levy for
maintenance, the WMO shall be required to follow the hearing process established
by Minn. Stat. §103D.921. Mailed notice shall also be sent to the clerk of each
Member at least thirty (30) days prior to the hearing.
C. The WMO may also fund all or any part of the cost of a capital
improvement contained in the capital improvement program of the plan in
accordance with Minn. Stat. § 103B.241.
Subdivision 7. Capital Cost Allocation of improvements in the Board's
Watershed Management Plan. All capital improvement costs of improvements designated
in the WMO's adopted Watershed Management Plan for construction by the WMO
pursuant to Section 10, Subdivision 6A of this Agreement shall be apportioned by the
following methods or a combination of these methods:
A. For improvements related to water quality:
1. For water quality monitoring, water quality trend analyses, water
quality modeling, and water quality studies, the cost sharing will be proportional to
the tributary watershed area.
2. For water quality projects and maintenance, the cost sharing will be
based on Allowable Flow, tributary area, and/or relative phosphorus loading.
3. The cost sharing for WMO operation of a future Watershed Outlet
Monitoring Program station, or other program that monitors the quality of the
stormwater runoff that discharges into the Mississippi River from the WMO, will be
proportional to the tributary watershed area.
4. Or other cost sharing method approved by the Board.
5. Pursuant to Minn. Stat. § 103B.251.
B. For improvements related to water quantity:
1. A Member shall be responsible for the costs of construction of that
portion of a drainage system that is located within its borders and that is necessary
to accommodate its Allowable Flow and the Allowable Flow of all other tributary
M ern bers.
2. A Member shall also be responsible for its share of construction costs
of a drainage system, whether or not that system is located within its borders, that
is necessary to convey Excessive Flows originating within the Member's borders.
JPARevised and RestatedLower Mississippi WMO.DOC
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3. Increased costs of construction incurred for acquisition of lands,
easements and rights of way within natural watercourses shall be the obligation of
the Member in which the land lies and shall not be apportioned to other Members to
the extent that such costs exceed costs which would have been incurred if there
had been no improvement on such lands, easements, or rights of way.
4. Costs of construction shall include all costs associated with a WMO
approved improvement (whether trunk sewer or natural conveyance) and whether
or not actually constructed, including, but not Limited to, costs for design,
administration, construction supervision, legal fees, acquisition of lands and
improvements and actual construction and maintenance costs.
5. The WMO shall consider any grant money received or to be received
by a Member for sanitary sewer /storm sewer separation or for the construction,
reconstruction or replacement of storm sewer facilities before making cost
allocations among Members and may consider the application of any grant
proceeds toward the cost of the improvement before allocating costs between or
among the Members involved, provided that such allocation would not violate the
terms and conditions of the grant.
6. The attached Exhibit B is incorporated by reference and serves as a
compilation of general examples of cost allocation under this Agreement for the
hypothetical circumstances stated in the examples.
Subdivision 8. Capital Cost Allocation of Improvements Delineated in Local
Watershed Management Plans. All capital improvement costs incurred by the WMO for
improvements delineated in local watershed management plans that benefit only that
Member, which the WMO undertakes because the Member fails to do so, shall be
apportioned entirely to that Member.
SECTION 11. SPECIAL ASSESSMENTS. The WMO shall not have the power to
levy special assessments. All such assessments shall be levied by the Member within
which the land is located.
SECTION 12. DURATION.
Subdivision 1. Each Member agrees to be bound by the terms of this
Agreement until January 1, 2012. It may be continued thereafter upon the agreement of
all the pates.
JPARevised and RestatedLower Mississippi WMO.DOC
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page 115
Subdivision 2. This Agreement may be terminated prior to January 1,
2012, by the written agreement of a majority of the Members.
Subdivision 3. In addition to the manner provided in Subdivision 2 for
termination, any Member may petition the Board to dissolve the WMO. Upon thirty (30)
days' notice in writing to the clerk of each Member, the Board shall hold a hearing and
upon a favorable majority vote of all eligible votes of the Members, the Board may by
resolution recommend that the WMO be dissolved. The resolution shall be submitted to
each Member and if ratified by a majority of the governing bodies of all Members within
sixty (60) days, the Board shall then give ninety (90) days written notice of its intent to
dissolve the WMO to Dakota County, Ramsey County and the Board of Water and Soil
Resources. After the expiration of this 90 -day notice period, the Board shall dissolve the
WMO, allowing a reasonable time to complete work in progress and to dispose of personal
property owned by the WMO.
SECTION 13. DISSOLUTION. Upon dissolution of the WMO or termination of this
Agreement, all property of the WMO shall be sold and the proceeds thereof, together with
monies on hand, shall be distributed to the Members. Such distribution of WMO assets
shall be made in proportion to the total contribution to the WMO required by the last annual
Budget.
SECTION 14. EFFECTIVE DATE. This Agreement . shall be in full force and effect
when all seven (7) Members file a certified copy of a resolution approving this Agreement
and have executed this Agreement and filed the executed Agreement with the Board. All
Members need not sign the same copy.
JPARevised and RestatedLower Mississippi WMO.DOC
11/19/2001
20
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Legal Boundary Map of the
Lower Mississippi River
Watershed Management Organization
1
0 1 Miles
Exhibit A
CO T.ALLOCATION EXAMPLES FOR JOINT POWERS AGREEMENT
o•'
/ rfr c
1 1 --Pr-
1
f
A
.�Q
J.( d'r
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.
EXAMPLE DESCRIPTION
A.. Two Cities
B. Two Cities With Diversion In
C. . Two Cities With Diversion Out
D. Three Cities .
E. Added Ponding
LEGEND
Watershed Boundary
Drainage Facility
City Boundary
Detention Pond
Diverted Area
Exhibit B
Page 1 of 9
JOINT- POWERS AGREEMENT
page 118
EXAMPLE "A"
- Project: Construct project (Segments -a`
for Cities #6 and #7 under ful
.Cost Allocation:
City #6: Cost share
- TWO CITIES
and *b) in City #7 to provide drainage
ly developed conditions.
f6 x Total project cost for "a "e
�T.
City #7: Cost share = Total project cost - QES x Total project cost
T
Where:
QE6 QT6 — 140
QE-6 is the design flow rate from City, #6 •which is in
excess of the allowable flow rate from City #6;
Qa6 is the allowable flow rate from City #6;
QT6 is the total design flow rate from City #6;
QT is the total flow rate for which the project is designed
in each Segment.
City #6: Cost share for Segment "c" = Zero dollar (no tributary flow).
Exhibit
Page 2 of 9
ti a'
JOINT POWERS AGREEMENT
sst��
6
cL•
z z$ cfs
k
f
page 119
EXAMPLE "A" - TWO CITIES
Sample Calculations
Ass Lne:
City #5 - Area of Watershed within City n6 = 175 acres
Full development .runoff (CITE) = CIA = 0.40 x 2.0"/h x 175 = 140 cfs
Predevelopment runoff (Q a6) = CIA = 0.15 x 2.0 "/h x I75 52.5 cfs
Then:
Excess runoff (Q Es) (from formulae: QE = QT - (I4 ) = 87.5 cfs
`i ..City #6 cost share for Segment "a" = 87.5 x project cost for "a" = .63 xProject cost,
for "a. 140
(From formulae: share = QE, x Project cost)
•
Note: Segment "a" ends at first point of entry into the system from City #7.
Assume:
City #7 - Area of Watershed within City #7 = 250 acres and all flows from City #7
enter system by way of Segment "c ".
Full development runoff (Qr7) = CIA = °_50x1.8x250 = 225 cfs
Design flow for Segment "b" = Q T(sEc. "a") 4" Q47 = 140 + 225 = 355 cfs
2. City #6 has no cost share obligation in Segment Lc" when there is no tributary flow
from City #6.
(continued) Exhibit B
Page 3 of 9
JOINT POWERS AGREEMENT
• page 120
Then
3. City #6 cost share for Segment "b" = 87.5 x Project cost for "b" = 0_24 Project
3.
cost• of "b"
(From formulae: Share = Qa x Project cost)
Note:
City #6 can reduce the excess flow (Q E6) by detention ponthng even to the amount
_ that the rate of flow from City #6 (QT6) is no greater than the allowable flow
rate ([ A6 ) . Any reduction in the total rate from City #6 would be applied to
the excess rate and thereby reduce the obligation of City #6 to share in the cost
- of constructing any conveyance system in City #7.
SUMMARY OF COSTS
Segment "a ":
City #6: Cost share
87.5 x Project cost for "a "..
140
City #7: Cost share = 52.5 x Project cost for "
-140
Segment "bn:
City #6: Cost share = 87.5. x Project .cost for "b ".
365
City #7: Cost share = 277.5 x Project cost for nb ".
-365
Segment "c":
City_ #6: Cost share = Zero dollar (no tributary flow).
City #7: Cost share = All of Project cost for "c ".
Exhibit B
Page 4 of 9
JOINT POWERS AGREEMENT
page 121
,EXAMPLE "B' -- TWO CITIES WITH DIVERSION IN
•P oject: Construct Trunk facility "en in City #2 only for Cities #2 and #3
under fully developed conditions.
Cost Allocation:
City 13: Cost share = QE3 x Total 'project. cost.
Where: Q43 ` QT3 _ QA3
And QF3 is the design flow from City 13 as described in
Example "A" plus all flows coming from the area diverted.
All facilities within City #3 are constructed by City #3.
Detention in City #3 can reduce 4E3;
QT and QA are as defined in Example °A ".
Note: This case applies only where waters are diverted from one City to
another City or from one major drainage district to another.
Exhibit B
Page 5 of 9
P8
JOINT POWERS AGREEMENT
. page 122
3
EXAMPLE "C" — TWO CITIES .WITH DIVERSION OUT
Project: Construct Trunk Segments "a", "b ", "c" in City #i under fully
developed conditions.
Cost Allocation:
City #3: Cost share for Segment "a" = Zero dollars
(all flows have been diverted away)
Cost share for Segment "b" = 13E3 x Total project cost for "b".
T
Where: QE3 is the excess flow from City #3 that is tributary
to Segment "b" only.
City #t3: Cost share for Segment - "c" _ (1E3 x Total project cost for "c ".
Where: QE3 i s the excess flow from City #3 that is tributary to
Segment "c" calculated as QE3 tributary to "b" minus 43
that would have been tributary to "a "'had there been no -
diversion out of the drainage district.
QT and.QA are as defined in Example "A ".
Note: This case applies only where waters are diverted from one City to another City
or from one major drainage district to another.
• Exhibit B
Page 6 of 9
3.
-JOINT POWERS AGREEMENT •
page 123
EXAMPLE "D" - THREE CITIES
(See Example "A" for QT, QA and QE )
Project: Construct Project (Segments "a", "b" and "c") in City fit to-kovide
drainage for Cities #3, #4, and #5 under fully developed conditions.
Cost Allocations:
City #3: Cost share Segment "b". = QE3 x Project cost for "b".
Cost share share Segment "a" = Zero dollars (no tributary flow).
Cost. share Segment "c" = (1E1 x Project cost for °cu.
City #5 Cost share Segment "a" = QE5 x Project cost for "a'.
Cost share Segment "b" = Zero Dollars no tributary flow).
Cost share Segment "c" = QE5 x Project cost for
74-7-
Where: QT is the total flow rate for which each respective Segment
is designed.
Exhibit B
Page 7 of 9
JOINT POWERS AGREEMENT -
page 124
re
EXAMPLE "E" - ADDED PONDING
(See Example "A" for .definition of QT , QA and QE)
Project: Construct Trunk "a ", Detention Pond "b" and Outlet "c" for cities /5 and #6 under
fully developed conditions.
Cost Allocation: '
City 15 (Trunk ,'a "): Cost share = QE5 x Project cost of Trunk "a".
Where: Q is the total flow rate in Trunk "a ".
City #5 (Pond "b "): Cost share = VE5 x Project of Pond "b ".
-v
Where: 'VE5 is the design Volume of runoff from City f5 which is in
excess of the allowable Volume from City 15;
VT is the total Volume used in the design of the detention pond.
• City 15 { Out.l.et "c"): Cost share = (1E5 x Project cost of Outlet "c".
Out fi et kr. .
Where: QE 5 is reduced from Trunk "a "" Inlet QE S by the ratio-of. -
atio - of.
. Inlet QT
Inlet QT is the summation of all flows into the pond;
Outlet QT i s the total flow ' rate out . of the pond under design conditions..
Note: See Page 9 for sample calculations
Exhibit S •
Page 8 of 9
JOINT POWERS.AGREEMENT
page 125 /
/
11‹.../
4"),
EXAMPLE "E" - ADDED PONDING
Sample calculation for City F5 cost share for Outlet "c ":
Assume:
QE5 = 50 cfs
QT: Pond inflow in Segint "a" . = 500 cfs
QT Pond inflow from other areas = 200 cfs
QT Pond inflow = 700 cfs
QT Pond Outlet "c" = 100 cfs
And:
QES (.OUTLET) = QE5 (INLET) X QT (OUTLET)
.QT (INLET)
City 15 cost share
Then:
= QE5 (OUTLET)
QT (O.ilTLET)
(1E5 (for Segment "c") .
x Project cost of Outlet "c"
100 x 50 7.14 cfs
ioc
City #5 cost share = 7'14 x Project cost of Outlet "c"
`T0g
Exhibit B
Page 9 of 9
page 126
First Amendment
AMENDMENT
TO
REVISED AND RESTATED JOINT POWERS AGREEMENT
ESTABLISHING A WATERSHED MANAGEMENT ORGANIZATION
FOR THE LOWER MISSISSIPPI RIVER WATERSHED
THE PARTIES TO THIS AGREEMENT are members of the Lower
Mississippi River Watershed Management Organization. This Amendment is made
pursuant to the authority conferred upon the parties by Minn. Stat. 1994 §§ 471.59 and
103B.201, et. seq.
1. EXISTING AGREEMENT. The existing Revised and Restated Joint
Powers Agreement for the Lower Mississippi River Watershed Management Organization
shall remain in full force and effect, except as specifically amended by this Amendment.
2. AMENDMENT. Section 2 of the Joint Powers Agreement is amended in
its entirety to read:
DURATION. Each member agrees to be bound by the terms of this Agreement
until January 1, 2013. It may be continued thereafter upon the agreement of all
the parties.
3. EFFECTIVE DATE. This Amendment shall be in full force and effect
when all seven (7) members file a certified copy of a resolution approving this Amendment
and have executed this Amendment and filed the executed Amendment with the Board.
All members need not sign the same copy.
IN WITNESS WHEREOF, the undersigned governmental units, by action of
their governing bodies, have caused this Amendment to be executed. All parities need not
sign the same copy.
160171v01
R N K:10/06/2011
CITY OF MENDOTA HEIGHTS
TREASURER'S REPORT SEPTEMBER 2012#r'
American Bank
Checking Account .0296
Savings Account .0296
Collateral - Bonds
Gov't. Guar.
Investments
BALANCE COLLATERAL
$51/420.81
$640.15
$52,060.96
$873,432.00
$250,000.00
Cost PV
Saving Cert 2/10/04 @0.30% Cherokee $13.952.58 $13.952.59
FHLB 1.00% 6/21/22 $200.U00.00 $200.024.00
FHLB 1.25% 7/18/22 $200.000.00 $200.338.00
FHLB 1.0196 8/15/22 $1.750.000.00 $1.750.140.00
FHLB1.00968/2G/22 $600.000.00 $500.040.00
FHLB 1.00% 9/21/22 $500.000.00 $500.080.00
Bank Baroda 0.45% 11/16/12 $145.000.00 $145.079J5
Discover Bank 0.35% 11/23/12 $200.000.00 $200.096.00
World Financial Network 0.30% 11/23/12 $200.000.00 $199.800.00
Bank ofBanodo 0.4596 12/12/12 $100.000.00 $100.084.00
Barclays Bank 04596 12/14/12 $100.000.00 $100.086.00
Wright Exp Financial Svcs 0.50Y6 12/21/12 $100.000.00 $100.106.00
Sovereign Bank 0.4% 2/7/13 $245.000.00 $245.318.50
Bank of India O.35963/2O/13 $240.000.00 $240,352.80
Beal Bank 0.45% 5/8/13 $248.000.00 $248.617.52
Sallie Mae Bank 0.7596 06/14/13 $100.000.00 $100.361.00
Ally Bank 0.8096 06/14/13 $100.000.00 $100.30700
Goldman Sachs Bank 1.60Y6 12/08/14 $245.000.00 $247.016.35
GE Capital Financial Inc 2.05% 11/4/16 $245.000.00 $251.392.05
American Express Cent Bank 3.O59612/1/16 $245.000.00 $251.343.05
GE Capital Retail Bank 2.00% 7/6/18 $200.000.00 $207.093.00
Fidelity Institutional Government Portfolio (Piper) $4.651.370.12 $4.651.370.12
Gov't. Securities Fund 28% Sold 6/4 $433.187.00 $1.031.000.00
MMkt Fd (WF) $598.25
TOTAL FUNDS AVAILABLE 900M2
Funds Available 1/1/2O12
Rates money Market
SEPT Bank O.0296
SEPT Piper 0.1096
5Yr. Tr. 0.6296
1OYc Tr. 1.6596
$11.014.168.92
page 127
���Y{�F88ENDOTAH�GHTS
TREASURER'S REPORT��CT0BE��2012�l�»
�~
American Bank
Checking Account .0296
Savings Account .02%
Collateral - Bonds
Gov't. Guar.
Investments
BALANCE COLLATERAL
$75,966.56
$640.16
$76,606.72
$873,432.00
$250.000.00
Cost PV
Saving Cert2/1U/04@0.3U96Cherokee $13.952.58 $13,952.59
FHLB 1.00% 6/21/22 $200.000.00 $200.002.00
FHLB 1.25967/18/22 $200.000.00 $200.218.O0
FHLB 1.0196 8/15/22 $1.750.000.O0 $1.750.017.50
FHLB 1.00% 8/26/22 $500.000.00 $500.005.00
FHLB 1.O096S/21/22 $500.000.00 $500.005.00
Bank Baroda 0.45% 11/16/12 $145.000.0O $145.029.00
Discover Bank 0.35% 11/23/12 $200.000.00 $200.042.00
World Financial Network 0.30% 11/23/12 $200.000.00 $199.830.00
Bank ofBmnodo 04596 12/12/12 $100.000.00 $100.049.00
Barclays Bank 0.45% 12/14/12 $100.000.0O G100.061.0O
Wright Exp Financial Svcs 0.50Y6 12/21/12 $100.000.00 $100.067.00
Sovereign Bank O.4962/7/13 $245.000.00 $245,247.45
Bank of India 0.35% 3/20/13 $240.000.00 $340.297.60
Beal Bank 0.45% 5/8/13 $248.000.00 $248,543.12
Sallie Mae Bank 0.7596 06/14/13 $100.000.00 $100.323.O0
Ally Bank 0.8096 06/14/13 $100.000.00 $100.354.00
Goldman Sachs Bank 1.5096 12/08/14 $245.800.00 $246.685.60
GE Capital Financial Inc 2.O59611/4/1G $245.000.00 $350.583.56
American Express Cent Bank 2.05% 12/1/16 $245.000.00 $250.514.96
GE Capital Retail Bank 2.00% 7/6/18 $200.000.00 $206.310.00
Fidelity Institutional Government Portfolio (Piper) $3.061.402.18 $3.961.402.18
Gov't. Securities Fund 2896 Sold G/4 $433.187.00 $1.031.000.00
MMkt Fd (WF) $3.141.79
TOTAL FUNDS AVAILABLE 10/31M2
Funds Available 1/1/2012
Rates Money Market
OCT Bank 0.0296
OCT Piper 0.1096
5Yr. Tr. 0.72%
10Yr.Tr. 17296
$10.351.29028
$12,489.84T87
page 128
page 129
5r.
2012 Licensing List for City Council
Type Contractor Name
Excavating
Gas Piping
General
HVAC
Masonry
R.E. Pa (men, Inc
Flare Heating & Air Conditioning
Grabow Plumbing, Inc
Lincoln Exteriors, Inc
McPhillips Bros. Roofing Company
Performance Pool & Spa, Inc
Phantom Construction Services, LLC
United Operations, Inc
Erickson Plumbing, Heating & Cooling
Flare Heating & Air Conditioning
Wencl Services, Inc
Brick & Stone Guys, Inc
Emerald Masonry
Thursday, November 15, 2012 Page 1 of 1
page 130
/MI Victoria Curve E Mendota Heights, MN 55
651,452.185D phone 1 651,452.8340 fax
vry +Arnendota•heights.com
5s.
DATE:
TO:
FROM:
SUBJECT:
CITY OF
MENDOTA HEIGHTS
BACKGROUND
November 20, 2012
Mayor, City Council and City Administrator
Kristen Schabacker, Finance Director
Claims List Summary
Significant Claims
Flanagan Sales Inc. — Wood Chips Parks Playgrounds
Independent Black Dirt Co. — Streets and Parks Maintenance
Metro Council Environmental Services — Sewer Service & SAC Charges
Pearson Bros Inc. — Fall Street Sweeping
City of St. Paul — Asphalt
Xcel Energy — Utilities
Manual Checks Total
System Checks Total
$ 4,919.10
$ 4,001.28
$104,482.17
$ 5,045.63
$ 3,200.16
$ 5,988.44
$ 167,014.82
$ 72,866.44
Total for the list of claims for the November 20, 2012 city council meeting S 239,881.26
RECOMMENDATION:
Approval of the list of claims for November 20, 2012.
CITY OF MENDOTA HEIGHTS
Claims List
MANUAL CHECKS
10131/12 MAN
Account Comments DEPT Descr
Search Name EXPERIENCE SHOWS, INC
E 01 -4402- 020 -20 VOID 71232 Police
Search Name EXPERIENCE SHOWS, INC
Search Name HEALTHEAST TRANSPORTATION
E 45- 4490 - 045 -45 PAR 3 EMPLOYEE EXP.
Search Name HEALTHEAST TRANSPORTATION
Search Name I C M A RETIREMENT 457
G 01 -2072 10/26/2012 PAYROLL
Search Name I C M A RETIREMENT 457
Search Name METRO COUNCIL ENVIRONMENTSVC
R 15 -3615 SEP 2012 SAC
R 15 -3320 SEP 2012 SAC
E 15 -4449- 060-60 NOV 2012 SEWER SERVICE
Search Name METRO COUNCIL ENVIRONMENTSVC
Search Name MN CIT OFFICERS ASSOCIATION
E 01- 4404-020 -20 VOID # 73197
Search Name MN CIT OFFICERS ASSOCIATION
Search Name MN DEPT OF COMMERCE
E 01 -4402- 020 -20 RETURN UNCLAIMED PROPERT
Search Name MN DEPT OF COMMERCE
Search Name MN FALL MAINTENANCE EXPO
E 01- 4400 - 050 -50 VOID # 080915
Search Name MN FALL MAINTENANCE EXPO
Search Name NATIONWIDE RETIREMENT SOLUTION
G 01 -2072 10/26/2012 PAYROLL
Search Name NATIONWIDE RETIREMENT SOLUTION
Search Name SAM S CLUB
E 45- 4305-045 -45
E 45 -4305- 045 -45
E 45- 4305 - 045 -45
Search Name SAM S CLUB
Search Name SPRINT
E 05 -4210- 105 -15
E 01- 4223 - 020 -20
E 01- 4210 - 110 -10
E 15 -4210- 060 -60
E 01- 4210 - 110 -10
E 01 -4210- 050-50
E 01 -4210- 020 -20
E 45- 4210 - 045 -45
E 05 -4210- 105 -15
E 15- 4210- 060 -60
E 01- 4210 - 050 -50
E 01 -4223- 020 -20
E 01 -4210- 020 -20
Golf Course
page 1q1/15/12 11 :26 AM
Page 1
Amount
Utility Enterprise
Police
Police
Road & Bridges
OPERATING SUPPLIES - PAR 3 Golf Course
OPERATING SUPPLIES - PAR 3 Golf Course
OPERATING SUPPLIES - PAR 3 Golf Course
JULY -AUG 2012 CELL SERVICE
AUG -SEP 2012 CELL SERVICE
JULY -AUG 2012 CELL SERVICE
AUG -SEP 2012 CELL SERVICE
AUG -SEP 2012 CELL SERVICE
AUG-SEP 2012 CELL SERVICE
AUG -SEP 2012 CELL SERVICE
AUG -SEP 2012 CELL SERVICE
AUG -SEP 2012 CELL SERVICE
JULY -AUG 2012 CELL SERVICE
JULY -AUG 2012 CELL SERVICE
JULY -AUG 2012 CELL SERVICE
JULY -AUG 2012 CELL SERVICE
Engineering Enterprise
Police
Administration
Utility Enterprise
Administration
Road & Bridges
Police
Golf Course
Engineering Enterprise
Utility Enterprise
Road & Bridges
Police
Police
- $50.00
- $50.00
$300.00
$300.00
$655.29
$655.29
-$212.85
$21,285.00
$83,410.02
$104,482.17
- $40.00
-$40.00
$40.00
$40.00
- $25.00
- $25.00
$650.00
$650.00
-$ 27.00
$55.41
$33.08
$61.49
$151.00
$322.59
$164.48
$29.13
$163.84
$17.55
$1,057.85
$67.53
$156.67
$24.45
$17.55
$279.93
$2,281.39
Account
E 45- 4210 - 045 -45
E 01- 4210- 030 -30
E 01 -4210- 030 -30
Search Name SPRINT
CITY OF MENDOTA HEIGHTS
Claims List
MANUAL CHECKS
10131/12 MAN
Comments
JULY -AUG 2.012 CELL SERVICE
JULY -AUG 2012 CELL SERVICE
AUG-SEP 2012 CELL SERVICE
Search Name UNITED WAY OF ST. PAUL
G 01 -2070 10/26/2012 PAYROLL
Search Name UNITED WAY OF ST. PAUL
Search Name US BANK
E 01- 4223 - 020 -20
Search Name US BANK
Search Name XCEL ENERGY
E 15- 4211- 400 -60
E 15- 4212 - 400 -60
E 15 -4212- 310-60
E 08- 4212 - 000 -00
E 01 -4212- 320 -70
E 01- 4212 - 315 -30
E 01- 4212 - 310 -70
E 01 -4211- 300 -50
E 28- 4211 -000 -00
E 01 -4211- 310 -50
E 15- 4211-310 -60
E 08- 4211 - 000 -00
E 01- 4211 - 420-50
E 01- 4211-320 -70
E 01- 4211 - 315 -30
E 01- 4211 - 310 -70
E 01 -4212- 310 -50
Search Name XCEL ENERGY
DEPT Descr
Golf Course
Fire
Fire
NOV 2012 DCC PAYMENT Police
SEP 2012 EL. UTILITIES
SEP 2012 GAS UTILITIES
SEP 2012 GAS UTILITIES
SEP 2012 GAS UTILITIES
SEP 2012 GAS UTILITIES
SEP 2012 GAS UTILITIES
SEP 2012 GAS UTILITIES
SEP 2012 EL. UTILITIES
SEP 2012 EL. UTILITIES
SEP 2012 EL. UTILITIES
SEP 2012 EL. UTILITIES
SEP 2012 EL. UTILITIES
SEP 2012 EL. UTILITIES
SEP 2012 EL. UTILITIES
SEP 2012 EL. UTILITIES
SEP 2012 EL. UTILITIES
SEP 2012 GAS UTILITIES
Utility Enterprise
Utility Enterprise
Utility Enterprise
Spec Fds
Parks & Recreation
Fire
Parks & Recreation
Road & Bridges
Spec Fds
Road & Bridges
Utility Enterprise
Spec Fds
Road & Bridges
Parks & Recreation
Fire
Parks & Recreation
Road & Bridges
Amount
$67.53
$54.15
$54.15
$4,909.79
$53.00
$53.00
$1,816.67
$1,816.67
$769.23
$37.58
$18.66
$74.82
$53A4
$142.08
$18.68
$970.64
$634.30
$195.56
$195.56
$1,754.17
$141.95
$51.13
$716.40
$195.56
$18.68
$5,988.44
$118,841.85
page 132
11/15/12 11.26 AM
Page 2
CITY OF MENDOTA HEIGHTS
Claims List
MANUAL CHECKS
11/14/12 MAN
page 133
11/15/12 11:05 AM
Page 1
Account Comments DEPT Descr Amount
Search Name AFFINITY PLUS
G 01 -2073 11/09/2012 PAYROLL $1,040.00
Search Name AFFINITY PLUS $1,040.00
Search Name ASSURANT EMPLOYEE BENEFITS
E 01- 4132 - 031 -30 NOV 2012 LTD PREMIUM Fire $190.30
Search Name ASSURANT EMPLOYEE BENEFITS $190.30
Search Name HARTFORD LIFE
G 01 -2071 NOV 2012 LTD PREMIUM $524.98
E 15- 4131 - 060 -60 NOV 2012 LTD PREMIUM Utility Enterprise $21.08
E 08- 4131 - 000 -00 NOV 2012 LTD PREMIUM Spec Fds $107.07
E 05- 4131 - 105 -15 NOV 2012 LTD PREMIUM Engineering Enterprise $111.31
E 01- 4131 - 070 -70 NOV 2012 LTD PREMIUM Parks & Recreation $295.59
E 01- 4131 - 050 -50 NOV 2012 LTD PREMIUM Road & Bridges $28659
E 01-4131 - 020 -20 NOV 2012 LTD PREMIUM Police $594.61
E 01- 4131 - 020 -20 NOV 2012 LTD PREMIUM Police - $347.55
E 01- 4131 - 110 -10 NOV 2012 LTD PREMIUM Administration $354.2_1
47
Search Name HARTFORD LIFE $1,9.89
Search Name HOME DEPOT CREDIT SERVICES
E 01- 4305 - 070 -70 OPERATING SUPPLIES - PARKS Parks & Recreation $152.96
E 01- 4305 - 070 -70 OPERATING SUPPLIES - PARKS Parks & Recreation $31.74
E 45- 4335 - 046 -45 BLDG MAINTENANCE SUPPLIES Golf Course $106.62
E 45 -4335- 046 -45 BLDG MAINTENANCE SUPPLIES Golf Course $40.55
E 08- 4335 - 000 -00 SHOP TOOLS - CITY HALL Spec Fds $12.79
E 27- 4460 - 784 -00 SUPPLIES - MARIE AVE REHAB. Spec Fds $53.39
E 01 -4305- 070 -70 OPERATING SUPPLIES - PARKS Parks & Recreation $108.54
E 01- 4426 - 050 -50 BONFIRE SUPPLIES Road & Bridges $45.19
Search Name HOME DEPOT CREDIT SERVICES $551.78
Search Name I C M A RETIREMENT 457
G 01 -2072 11/09/2012 PAYROLL $655.29
Search Name I C M A RETIREMENT 457 $655.29
Search Name LEE, JAMES
E 01- 4268- 150 -30 OCT 2012 SERVICES Fire $1,849.50
Search Name LEE, JAMES $1,849.50
Search Name NATIONWIDE RETIREMENT SOLUTION
G 01 -2072 11/09/2012 PAYROLL $650.00
Search Name NATIONWIDE RETIREMENT SOLUTION $650.00
Search Name NCPERS GROUP LIFE INS.
G 01 -2071 NOV 2012 PREMIUM $80.00
Search Name NCPERS GROUP LIFE INS. $80.00
Search Name SCHUTTA, TAMARA
E 01 -4300- 640 -12 ELECTION SUPPLIES Elections $67.93
Search Name SCHUTTA, TAMARA $67.93
Search Name SELECT ACCOUNT
E 05- 4131 - 105 -15 NOV 2012 H 5 A CONTRIBUTIONS Engineering Enterprise $126.94
G 01 -2071 NOV 2012 H 5 A CONTRIBUTIONS $1,822.50
Account
E 01- 4131410 -10
E 01 -4131- 020 -20
Search Name SELECT ACCOUNT
Search Name SUN LIFE
G 01 -1215
Search Name SUN LIFE
Search Name SW /WC SERVICE
G 01 -2074
G 01-2071
E 05 -4131- 105 -15
E 01- 4131 - 070 -70
E 01- 4131 - 050 -50
E 01- 4131 - 040 -40
E 01 -4131- 020 -20
E 01- 4131 - 110 -10
E 15- 4131 - 060 -60
Search Name SW/WC SERVICE
Search Name TKS COFFEE
E 01 -4300- 640 -12
Search Name TKS COFFEE
CITY OF MENDOTA HEIGHTS
Claims List
MANUAL CHECKS
11/14/12 MAN
Comments DEPT Descr
NOV 2012 H S A CONTRIBUTIONS Administration
NOV 2012 H S A CONTRIBUTIONS Police
APPLICATION DEPOSIT
COOPERATIVES
DEC 2012 HEALTH INS. PREMIUM
DEC 2012 HEALTH INS. PREMIUM
DEC 2012 HEALTH INS. PREMIUM
DEC 2012 HEALTH INS. PREMIUM
DEC 2012 HEALTH INS. PREMIUM
DEC 2012 HEALTH INS. PREMIUM
DEC 2012 HEALTH INS. PREMIUM
DEC 2012 HEALTH INS. PREMIUM
DEC 2012 HEALTH INS. PREMIUM
COOPERATIVES
ELECTION DAY FOOD
Search Name UNITED WAY OF ST. PAUL
G 01 -2070 11/09/2012 PAYROLL
Search Name UNITED WAY OF ST. PAUL
Engineering Enterprise
Parks & Recreation
Road & Bridges
Code Enforcement/Inspections
Police
Administration
Utility Enterprise
Elections
page 134
11/15/12 11:05 AM
Page 2
Amount
$126.94
$49234
$2,568.72
$58.00
$58.00
$683.50
$5,315.50
$3,835.00
$1,367.00
$5,374.00
$1,320.00
$16,010.50
$3,151.50
$1,320.00
$38,377.00
$83.56
$83.56
$53.00
_m^ $53.00
$48,172.97
CITY OF MENDOTA HEIGHTS
Claims List
SYSTEM CHECKS
11/20112 PAY
page 135
11/15/12 11:06 AM
Page 1
Account Comments DEPT Descr Amount
Search Name ALLEGRA PRINT & IMAGING
E 01 -4305- 040 -40 INSPECTION CARDS - CODE
Search Name ALLEGRA PRINT & IMAGING
Search Name AMERICAN FLEET SUPPLY
E 01- 4330 - 490 -50 EQUIPMENT REPAIR PARTS
E 01 -4330- 490 -50 EQUIPMENT REPAIR PARTS
E 01- 4330 - 490 -50 EQUIPMENT REPAIR PARTS
E 05-4330-49045 EQUIPMENT REPAIR PARTS
E 01- 4330 - 490 -50 EQUIPMENT REPAIR PARTS
Search Name AMERICAN FLEET SUPPLY
Search Name AMERICOM, INC
E 01- 4305-030-30
Search Name AMERICOM, INC
Search Name ARROW MOWER INC.
E 01 -4330- 490 -70
Search Name ARROW MOWER INC.
Search Name BATTERIES PLUS
E 01 -4305- 020 -20
Search Name BATTERIES PLUS
ACCESS SYSTEM - FIRE HALL
EQUIPMENT REPAIR PARTS
BATTERIES - PD
Code Enforcement/Insp $225.68
$225.68
Road & Bridges
Road & Bridges
Road & Bridges
Engineering Enterprise
Road & Bridges
$14.44
$12.25
$16.27
$5.54
$4.81
$53.31
Fire $2,334.86
$2,334.86
Parks & Recreation $2.35
$2.35
Police $49.97
�.._.___$49.97
Search Name BERTELSON TOTAL OFFICE SOLUTNS
E 15- 4300 - 060 -60 OFFICE SUPPLIES - SEWER Utility Enterprise $21.13
E 01 -4300- 020 -20 OFFICE SUPPLIES - POLICE Police $70.43
E 01 -4300- 040 -40 OFFICE SUPPLIES - CODE Code Enforcement/Insp $37.56
E 01- 4300- 080 -80 OFFICE SUPPLIES - PLANNING Planning $33.81
E 05-4300- 105 -15 OFFICE SUPPLIES - ENG. Engineering Enterprise $22.54
E 01- 4300 - 110 -10 OFFICE SUPPLIES - ADMIN Administration $366.24
E 01- 4300 - 030 -30 OFFICE SUPPLIES - FIRE Fire $11.27
E 01- 4300 - 030 -30 OFFICE SUPPLIES - FIRE Fire $21.13
E 01- 4300- 040 -40 OFFICE SUPPLIES - CODE Code Enforcement/Insp $70.43
E 01- 4300 - 020 -20 OFFICE SUPPLIES - POLICE Police $37.56
E 01- 4300 - 080 -80 OFFICE SUPPLIES - PLANNING Planning $63.39
E 01- 4300 - 070 -70 OFFICE SUPPLIES - PARKS Parks & Recreation $26.30
E 05- 4300 - 105-15 OFFICE SUPPLIES - ENG. Engineering Enterprise $42.26
E 01- 4300 - 110 -10 OFFICE SUPPLIES - ADMIN Administration $133.58
E 01- 4300 - 070 -70 OFFICE SUPPLIES - PARKS Parks & Recreation $49.30
E 05- 4300 - 105-15 OFFICE SUPPLIES - ENG. Engineering Enterprise $5.81
E 15- 4300 - 060 -60 OFFICE SUPPLIES - SEWER Utility Enterprise $2.90
E 15- 4300 - 060 -60 OFFICE SUPPLIES - SEWER Utility Enterprise $11.27
E 01- 4300- 080 -80 OFFICE SUPPLIES - PLANNING Planning $8.71
E 01 -4300- 070 -70 OFFICE SUPPLIES - PARKS Parks & Recreation $6.77
E 01- 4300 - 040 -40 OFFICE SUPPLIES - CODE Code Enforcement/Insp $9.68
E 01- 4300 - 030 -30 OFFICE SUPPLIES - FIRE Fire $2.90
E 01- 4300- 110 -10 OFFICE SUPPLIES - ADMIN Administration $59.99
E 01 -4300- 110 -10 OFFICE SUPPLIES - ADMIN Administration $58.76
E 01- 4300 - 110 -10 OFFICE SUPPLIES - ADMIN Administration $195.33
Search Name BERTELSON TOTAL OFFICE SOLUTNS $1,369.05
Search Name BOLTON & MENK INC
E 27 -4220- 782 -00 LEMAY LAKE RD RECONSTR. Spec Fds $288.00
CITY OF MENDOTA HEIGHTS
Claims List
SYSTEM CHECKS
11/20/12 PAY
page 136
11/15/12 11:06 AM
Page 2
Account Comments DEPT Descr Amount
E 15- 4220- 060 -60 SANITARY SEWER CONSULTING Utility Enterprise $775.00
Search Name BOLTON & MENK INC $1,063.00
Search Name BOYER TRUCK PARTS
E 01- 4330 - 490 -50 EQUIPMENT REPAIR PARTS Road & Bridges $120.08
Search Name BOYER TRUCK PARTS $120.08
Search Name BUNKER PARK STABLE
E 01 -4435- 200 -70 YOUTH TRIP COSTS - HORSEBACK RIDES Parks & Recreation $608.58
Search Name BUNKER PARK STABLE $608.58
Search Name CAMELOT CLEANERS
E 01 -4410- 020 -20 UNIFORMS CLEANING - PD Police $59.53
Search Name CAMELOT CLEANERS $59.53
Search Name CENTRAL IRRIGATION SUPPLY
E 01- 4330 - 215-70 IRRIGATION REPAIR PARTS Parks & Recreation $70.70
Search Name CENTRAL IRRIGATION SUPPLY $70.70
Search Name CES IMAGING
E 05- 4300 - 105 -15 OFFICE SUPPLIES - ENG.
Engineering Enterprise $464.59
Search Name CES IMAGING $464.59
Search Name COMPAR, INC
E 01- 4301 - 020 -20 EQUIPMENT - PD Police $304.59
Search Name COMPAR, INC $304.59
Search Name COOL AIR MECHANICAL, INC.
E 01- 4335 - 310 -50
E 01- 4335 - 310 -70
E 15 -4335- 310 -60
HVAC REPAIRS - PW
HVAC REPAIRS - PW
HVAC REPAIRS - PW
Search Name COOL AIR MECHANICAL, INC.
Search Name CRAGUN S
E 01- 4400 - 020 -20
Search Name CRAGUN S
CONF. LODGING - D. URMANN
Search Name DAKOTA COUNTY FINANCIAL SERVIC
Road & Bridges
Parks & Recreation
Utility Enterprise
$298.30
$298.30
$298.30
$894.90
Police $316.84
$316.84
E 01- 4211 - 420 -50 3RD QTR UTILITIES Road & Bridges $251.89
E 01- 4211 - 420 -50 2ND QTR UTILITIES Road & Bridges $225.72
E 01 -4400- 110 -10 MANAGEMENT TRAINING Administration $90.00
E 01 -4400- 020 -20 MANAGEMENT TRAINING Police $180.00
E 01- 4211 - 420 -50 1ST QTR UTILITIES Road & Bridges $221.11
Search Name DAKOTA COUNTY FINANCIAL SERVIC $968.72
Search Name DAKOTA COUNTY TREAS - AUDITOR
E 01- 4490 - 020 -20 2012 PICTOMETRY COST Police $241.75
E 01- 4490 - 080 -80 2012 PICTOMETRY COST Planning $241.75
E 01- 4490 - 030 -30 2012 PICTOMETRY COST Fire $241.75
E 01 -4490- 040 -40 2012 PICTOMETRY COST Code Enforcement/Insp $241.75
Search Name DAKOTA COUNTY TREAS - AUDITOR $967.00
Search Name DOUGHERTY MOLENDA
E 01-4481- 110 -10 OCT 2012 LEGAL SERVICES Administration $324.00
Search Name DOUGHERTY MOLENDA $324.00
CITY OF MENDOTA HEIGHTS
Claims List
SYSTEM CHECKS
11120/12 PAY
page 137
11/15/12 11:06 AM
Page 3
Account Comments DEPT Descr Amount
Search Name EXPERIENCE SHOWS, INC
E 01 -4402- 020 -20 TRAINING DVDs - REISSUE Police $50.00
Search Name EXPERIENCE SHOWS, INC $50.00
Search Name FARMINGTON, CITY OF
E 01- 4400 - 020 -20 2012 SWAT TRAINING Police $350.50
Search Name FARMINGTON, CITY OF $350.50
Search Name FLANAGAN SALES, INC
E 01- 4330 - 215 -70 PARK MAINTENANCE Parks & Recreation $4,919.10
Search Name FLANAGAN SALES, INC $4,919.10
Search Name FLUEGEL ELEVATOR
E 01- 4305 - 070 -70 OPERATING SUPPLIES Parks & Recreation $51.49
Search Name FLUEGEL ELEVATOR $51.49
Search Name FRONTIER AG & TURF
E 01 -4330- 490 -70 EQUIPMENT REPAIR PARTS Parks & Recreation $295.40
Search Name FRONTIER AG & TURF $295.40
Search Name G &K SERVICES
E 01 -4335- 310 -50
E 01-4335 - 310-70
E 15- 4335 - 310 -60
E 01- 4335 - 310 -50
E 01- 4335 - 310 -70
E 15- 4335 - 310 -60
Search Name G &K SERVICES
MAT SERVICE - PW GARAGE
MAT SERVICE - PW GARAGE
MAT SERVICE - PW GARAGE
MAT SERVICE - PW GARAGE
MAT SERVICE - PW GARAGE
MAT SERVICE - PW GARAGE
Search Name GANGELHOFF, TERESA
E 01- 4210 - 070 -70 CELL REIMS. - JUNE -SEPT. 2012
E 01- 4415 - 070 -70 2012 MILEAGE REIMBURSEMENT
Search Name GANGELHOFF, TERESA
Road & Bridges
Parks & Recreation
Utility Enterprise
Road & Bridges
Parks & Recreation
Utility Enterprise
Parks & Recreation
Parks & Recreation
$36.17
$36.17
$36.17
$36.17
$36.17
$36.17
$217.02
$88.00
$420.69
$508.69
Search Name GARLOCK JR., NEIL
E 01- 4305 - 020 -20 OPERATING SUPPLIES - PO Police $95.95
E 01 -4301- 020 -20 COMPUTER SOFTWARE - PD Police $171.36
E 01- 4400 - 020 -20 TRAINING SUPPLIES Police $154.72
Search Name GARLOCK JR., NEIL $422.03
Search Name GM MANAGEMENT
E 45 -4268- 045 -45
Search Name GM MANAGEMENT
10/23 - 11/4/12 MAINT. LABOR Golf Course $1,330.87
Search Name GOPHER STATE ONE CALL
E 01- 4210 - 040 -40 OCT. 2012 SERVICE
Search Name GOPHER STATE ONE CALL
Search Name GRAINGER
E 08- 4335 - 000 -00
E 08- 4335 -000 -00
Search Name GRAINGER
BLDG MAINT. SUPPLIES - CITY HALL
BLDG MAINT. SUPPLIES - CITY HALL
$1,330.87
Code Enforcement /Insp $290.40
Spec Fds
Spec Fds
$290.40
$33.13
$37.66
$70.79
Search Name GRANNIS & HAUGE, P.A.
E 01- 4222 - 120 -20 OCT 2012 LEGAL SERVICES - TRIALS Police $665.00
CITY OF MENDOTA HEIGHTS
Claims List
SYSTEM CHECKS
11/20/12 PAY
page 138
11/15/12 11:06 AM
Page 4
Account Comments DEPT Descr Amount
E 01 -4222- 120 -20 OCT 2012 LEGAL SERVICES - GENERAL Police $5,200.00
Search Name GRANNIS & HAUGE, P.A. $5,865.00
Search Name HIDDEN CREEK ESTATES HOA
E 27- 4460 - 784 -00 IRRIGATION REPAIR - MARIE AVE PROJECT Spec Fds $760.68
Search Name HIDDEN CREEK ESTATES HOA $760.68
Search Name HIDEAWAY SHOOTING RANGE LLC
E 01- 4400- 020 -20 AUG 2012 RANGE USE Police $288.36
Search Name HIDEAWAY SHOOTING RANGE LLC $288.36
Search Name HITESMAN & WOLD, P.A.
E 01 -4220- 120 -30 JUNE -SEPT. 2012 LEGAL SERVICES Fire $2,454.00
Search Name HITESMAN & WOLD, P.A. $2,454.00
Search Name HUEBSCH
E 08- 4335 - 000 -00 MAT SERVICE - CiTY HALL Spec Fds $184.50
Search Name HUEBSCH $184.50
Search Name INDEPENDENT BLACK DIRT CO
E 01- 4330 - 215 -70 PARK MAINTENANCE Parks & Recreation $1,583.84
E 01- 4422 - 050 -50 STREET MAINTENANCE Road & Bridges $2,417.44
Search Name INDEPENDENT BLACK DIRT CO $4,001.28
Search Name INTERNATIONAL OFFICE TECHNLGY
E 15- 4300 - 060 -60 TONER - UB Utility Enterprise $111.73
Search Name INTERNATIONAL OFFICE TECHNLGY $111.73
Search Name INTOXIMETERS
E 01 -4305- 020 -20 MOUTHPIECES Police $85.50
Search Name INTOXIMETERS $85.50
Search Name IRON MOUNTAIN RECORDS MGMT
E 01- 4490 - 110 -10 OCT 2012 SHREDDING Administration $10.90
E 01- 4490- 020 -20 OCT 2012 SHREDDING Police $32.70
Search Name IRON MOUNTAIN RECORDS MGMT $43.60
Search Name JANI -KING OF MINNESOTA, INC.
E 01 -4335- 315 -30 NOV 2012 SERVICE - FIRE HALL Fire $213.75
E 01- 4335-310 -50 NOV 2012 SERVICE - PW GARAGE Road & Bridges $71.25
E 01 -4335- 310 -70 NOV 2012 SERVICE - PW GARAGE Parks & Recreation $71.25
E 15- 4335 - 310 -60 NOV 2012 SERVICE - PW GARAGE Utility Enterprise $71.25
E 01- 4335 - 315 -30 CLEANING - FIRE HALL Fire $406.87
Search Name JANI -KING OF MINNESOTA, INC. $834.37
Search Name KAT KEYS
E 01 -4335- 315 -30 REPAIRS - FIRE HALL Fire $95.00
Search Name KAT KEYS $95.00
Search Name KIRCHNER CONTRACTING
E 01- 4330 - 215-70 PARK MAINT. SERVICES Parks & Recreation $1,050.00
Search Name KIRCHNER CONTRAC"T"ING $1,050.00
Search Name KREMER SERVICES, LLC
E 01- 4330 - 490 -70 EQUIPMENT REPAIRS Parks & Recreation $385.79
CITY OF MENDOTA HEIGHTS
Claims List
SYSTEM CHECKS
11/20/12 PAY
Account Comments
DEPT Descr
page 139
11/15/12 11:06 AM
Page 5
Amount
Search Name KREMER SERVICES, LLC
Search Name LANGUAGE LINE SERVICES
E 01- 4223 - 020 -20 INTERPRETER SERVICES
Search Name LANGUAGE LINE SERVICES
Search Name LEAGUE MN C1I IES
E 01- 4400 - 109-09
Search Name LEAGUE MN CITIES
Search Name LEXISNEXIS
E 01- 4223 - 020 -20
Search Name LEXISNEXIS
Search Name LOGIS
E 01 -4223- 020 -20
E 01- 4301 - 030 -30
Search Name LOGIS
REG. MEETING - U. DUGGAN
OCT 2012 SERVICES
APPLICATION SUPPORT - PD
APPLICATION SUPPORT - FIRE DEPT
Search Name M T I DISTRIBUTING COMPANY
E 45- 4334 - 045 -45 IRRIGATION REPAIR PARTS
E 45- 4334 - 045 -45 WINTERIZE IRRIGATION - PAR 3
Search Name M T I DISTRIBUTING COMPANY
Search Name MAUER CHEVROLET
E 01- 4330 - 490 -70 EQUIPMENT REPAIR PARTS
Search Name MAUER CHEVROLET
Search Name MAZZITELLO, JOHN
E 01- 4415- 040 -40
E 05 -4415- 105 -15
Search Name MAZZITELLO, JOHN
Search Name MENARDS
E 45- 4305 - 045 -45
E 08- 4335 - 000 -00
E 08- 4335-000-00
E 08 -4335- 000 -00
Search Name MENARDS
Search Name MENDOTA
E 45- 4427 - 045 -45
Search Name MENDOTA
Search Name MENDOTA,
R 15 -3400
Search Name MENDOTA, CITY OF
Search Name METRO SALES
OCT 2012 MILEAGE REIMS.
OCT 2012 MILEAGE REIMS.
GOLF SUPPLIES
BLDG MAINT. SUPPLIES - CITY HALL
BLDG MAINT. SUPPLIES - CITY HALL
BLDG MAINT. SUPPLIES - CITY HALL
HEIGHTS, CITY OF
3RD QTR SEWER - PAR3
HEIGHTS, CITY OF
CITY OF
3RD QTR SEWER BILLING
E 01- 4330 - 440 -20 COPIER SERVICE - PD
Search Name METRO SALES
Search Name METRO UPHOLSTERY
E 01- 4330- 490 -70 EQUIPMENT REPAIR - PARKS
Search Name METRO UPHOLSTERY
Police
City Council
Police
Police
Fire
Golf Course
Golf Course
Parks & Recreation
Code Enforcement /Insp
Engineering Enterprise
Golf Course
Spec Fds
Spec Fds
Spec Fds
Golf Course
Police
Parks & Recreation
$385.79
$10.61
$10.61
$40.00
$40.00
$148.55
,.__. $148.55
$1,989.00
$53.00
$2,042.00
$223.69
$639.00
$862.69
$53.72
$53.72
$6.11
$66.60
$72.71
$2.66
$27.98
$18.18
$26.87
$75.69
$218.00
$218.00
$566.00
$566.00
$140.00
$140.00
$137.06
$137.06
CITY OF MENDOTA HEIGHTS
Claims List
SYSTEM CHECKS
11/20/12 PAY
page 140
11/15/12 11:06 AM
Page 6
Account Comments DEPT Descr Amount
Search Name MINNESOTA PIPE & EQUIPMENT
E 29 -4337- 000 -00 STORM SEWER MAINTENANCE Spec Fds $885.27
E 01- 4330 - 215 -70 PARK MAINTENANCE EQUIPMENT Parks & Recreation $505.03
Search Name MINNESOTA PIPE & EQUIPMENT $1,390.30
Search Name MITCHELL1
E 05- 4300 - 105 -15 NOV 2012 SERVICE Engineering Enterprise $155.03
Search Name MITCHELL/ $155.03
Search Name MN FALL MAINTENANCE EXPO
E 01 -4400- 050 -50 2012 FALL EXPO REGISTRATION Road & Bridges $25.00
Search Name MN FALL MAINTENANCE EXPO $25.00
Search Name MN POLICE RESERVE OFFICERS ASN
E 01 -4305- 024 -20 TRAINING - PD RESERVES Police $40.00
Search Name MN POLICE RESERVE OFFICERS ASN $40.00
Search Name MN ST ADMIN ITG TELECOM SRVCE
E 01- 4223 - 020 -20 OCT 2012 WAN SERVICE Police $125.81
E 01 -4220- 133 -10 SEPT 2012 WAN SERVICE Administration $148.00
E 01- 4223 - 020 -20 SEPT 2012 WAN SERVICE Police $125.81
E 01 -4220- 133 -10 OCT 2012 WAN SERVICE Administration $148.00
Search Name MN ST ADMIN ITG TELECOM SRVCE $547.62
Search Name MN TEAMSTERS LOCAL 320
G 01 -2075 NOV 2012 UNION DUES
Search Name MN TEAMSTERS LOCAL 320
Search Name NATURE CALLS, INC
E 01- 4200 - 610 -70
E 01- 4490 - 109 -09
E 01 -4435- 200 -70
Search Name NATURE CALLS, INC
Search Name NELCOM CORP
E 07- 4330 - 000 -00
E 07- 4330 - 000 -00
Search Name NELCOM CORP
Search Name NITTI SANITATION INC
NOV 2012 RENTALS
RENTALS - BONFIRE
RENTALS - PARK CELEBRATION
OCT 2012 SIREN MAINTENANCE
NOV 2012 SIREN MAINTENANCE
Parks & Recreation
City Council
Parks & Recreation
Spec Fds
Spec Fds
$606.00
$606.00
$202.75
$102.06
$408.94
$713.75
$93.49
$93.49
$186.98
E 45 -4280- 045 -45 RECYCLING - PAR 3 Golf Course $18.00
Search Name NIlTI SANITATION INC $18.00
Search Name NORTHERN GREEN EXPO
G 01 -1215 REGISTRATION - PARKS
Search Name NORTHERN GREEN EXPO
Search Name NORTHERN SAFETY TECHNOLOGY
$100.00
$100.00
E 01 -4330- 490 -50 EQUIPMENT REPAIR PARTS Road & Bridges $233.20
Search Name NORTHERN SAFETY TECHNOLOGY $233.20
Search Name NORTHSTAR MUDJACKING SPECIAL
E 29- 4330 - 000 -00 MUDJACKING SERVICE Spec Fds $565,00
Search Name NORTHSTAR MUDJACKING SPECIAL $565.00
CITY OF MENDOTA HEIGHTS
Claims List
SYSTEM CHECKS
11/20/12 PAY
page 141
11/15/12 11:06 AM
Page 7
Account Comments DEPT Descr Amount
Search Name NORTHWEST ASSOCIATED CONSULTAN
E 01- 4221- 135 -80 OCT 2012 RETAINER Planning $2,400.00
Search Name NORTHWEST ASSOCIATED CONSULTAN $2,400.00
Search Name NUSS TRUCK & EQUIPMENT
E 01 -4330- 490 -50 EQUIPMENT REPAIR PARTS Road & Bridges $25.69
Search Name NUSS TRUCK & EQUIPMENT $25.69
Search Name OFFICE DEPOT
E 05- 4300 - 105 -15 OFFICE SUPPLIES - ENG. Engineering Enterprise $14.66
E 05- 4300-105 -15 OFFICE SUPPLIES - ENG. Engineering Enterprise $13.96
E 01 -4300- 640 -12 OFFICE SUPPLIES - ELECTIONS Elections $20.31
E 01 -4300- 640 -12 OFFICE SUPPLIES - ELECTIONS Elections $50.95
E 05- 4300 - 105 -15 OFFICE SUPPLIES - ENG. Engineering Enterprise $109.59
Search Name OFFICE DEPOT $209.47
Search Name OPTUMHEALTH FINANCIAL SERVICES
E 01- 4490- 110 -10 OCT 2012 COBRA ADMIN. FEE Administration $45.00
Search Name OPTUMHEALTH FINANCIAL SERVICES $45.00
Search Name OREILLY AUTO /FIRST CALL
E 45- 4334 - 045 -45 EQUIPMENT MAINT. SUPPLIES Golf Course $8.00
E 45 -4334- 045 -45 EQUIPMENT MAINT, SUPPLIES Golf Course $3.21
E 45-4334- 045 -45 EQUIPMENT MAINT. SUPPLIES Golf Course $30.10
E 45- 4334 - 045 -45 EQUIPMENT MAINT. SUPPLIES Golf Course $4.35
E 45- 4334 - 045 -45 EQUIPMENT MAINT. SUPPLIES Golf Course $3.94
E 45- 4334 - 045 -45 EQUIPMENT MAINT. SUPPLIES Golf Course $12.49
E 01 -4330- 490 -70 EQUIPMENT REPAIR SUPPLIES - SHOP Parks & Recreation $21.40
E 15- 4330 - 490 -60 EQUIPMENT REPAIR SUPPLIES - SHOP Utility Enterprise $49.12
E 01- 4330 - 490 -70 EQUIPMENT REPAIR SUPPLIES - SHOP Parks & Recreation $49.12
E 15- 4330 - 490 -60 EQUIPMENT REPAIR SUPPLIES - SHOP Utility Enterprise $21.39
E 15- 4330 - 490 -60 EQUIPMENT MAINT. PARTS Utility Enterprise $112.11
E 01 -4330- 490 -50 EQUIPMENT REPAIR SUPPLIES - SHOP Road & Bridges $21.40
E 01- 4330 - 440 -20 EQUIPMENT REPAIR SUPPLIES - SHOP Police $21.40
E 01 -4330- 490 -70 EQUIPMENT MAINT. PARTS Parks & Recreation $112.11
E 01 -4330- 490 -50 EQUIPMENT REPAIR SUPPLIES - SHOP Road & Bridges $49.12
E 01 -4305- 050 -50 OPERATING SUPPLIES Road & Bridges $30.65
E 05- 4330- 490 -15 EQUIPMENT REPAIR PARTS Engineering Enterprise $15.40
E 01- 4305- 030 -30 OPERATING SUPPLIES Fire $18.56
E 01- 4330- 490 -50 EQUIPMENT MAINT. PARTS Road & Bridges $112.12
Search Name OREILLY AUTO /FIRST CALL $695.99
Search Name OSTER, TIM
E 01 -4410- 050-50
Search Name OSTER, TIM
Search Name OXYGEN SERVICE CO
E 01- 4200-610 -50
E 01- 4200 - 610 -70
E 15 -4200- 610 -60
Search Name OXYGEN SERVICE CO
Search Name PEARSON BROS INC
2012 CLOTHING ALLOWANCE
CYLINDER RENT - PW
CYLINDER RENT - PW
CYLINDER RENT - PW
Road & Bridges $359.92
Road & Bridges
Parks & Recreation
Utility Enterprise
$359.92
$26.51
$26.51
$26.50
$79.52
E 29- 4337 - 000 -00 RENTAL - 2012 FALL SWEEPING Spec Fds $1,000.00
Account
E 01- 4424- 050 -50
Search Name PEARSON BROS INC
Search Name PENTEL, REBECCA
E 01- 4130 - 021 -20
E 01- 4415 - 64042
E 01- 4260 - 640 -12
E 01- 4130 - 021 -20
E 01- 4260- 640 -12
E 01- 4130 - 021 -20
E 01- 4130 - 021 -20
Search Name PENTEL, REBECCA
CITY OF MENDOTA HEIGHTS
Claims List
SYSTEM CHECKS
11/20/12 PAY
Comments
Search Name PEPSI COLA COMPANY
RENTAL - 2012 FALL SWEEPING
TEMP HELP - CITIZENS' ACADEMY
MILEAGE REIMB. - ELECTIONS
TEMP HELP - ELECTIONS
TEMP HELP - CITIZENS' ACADEMY
TEMP HELP - ELECTIONS
TEMP HELP - PD
TEMP HELP - PD
E 01- 4490 - 109 -09 BONFIRE SUPPLIES
Search Name PEPSI COLA COMPANY
Search Name RATWIK,ROSZAK & MALONEY, P.A.
E 01 -4481- 110 -10 SEP 202 LEGAL SERVICES
Search Name RATWIK,ROSZAK & MALONEY, P.A.
Search Name RUFFRIDGE JOHNSON EQ CO
E 01- 4305 - 050 -50 OPERATING SUPPLIES
Search Name RUFFRIDGE JOHNSON EQ CO
Search Name SAM S CLUB
E 08 -4335- 000 -00
Search Name SAM S CLUB
OPERATING SUPPLIES - CITY HALL
Search Name SEVEN CORNERS ACE HDWE
E 08 -4335- 000 -00 BLDG MAINT. SUPPLIES - CITY HALL
E 01- 4305 - 050 -50 OPERATING SUPPLIES
E 08- 4335 - 000 -00 BLDG MAINT. SUPPLIES - CITY HALL
Search Name SEVEN CORNERS ACE HDWE
Search Name SMITH, LORRI
E 01- 4415 - 640 -12
Search Name SMITH, LORRI
Search Name SOUTH EAST TOWING
E 01- 4305 - 020 -20
Search Name SOUTH EAST TOWING
Search Name SPRINGSTED
E 01- 4220- 110 -10
Search Name SPRINGSTED
Search Name SPRWS
E 01- 4425 - 310 -50
E 01- 4425 - 310 -70
E 15 -4425- 310 -60
E 08- 4425 - 000 -00
Search Name SPRWS
MILEAGE REIMBURSEMENT
TOWING CHARGE - PD
POSITIONS EVALUATIONS
OCT 2012 SERVICE - PW
OCT 2012 SERVICE - PW
OCT 2012 SERVICE - PW
OCT 2012 SERVICE - CITY HALL
Search Name ST CLOUD TECHNICAL COLLEGE
DEPT Descr
Road & Bridges
Police
Elections
Elections
Police
Elections
Police
Police
City Council
Administration
Road & Bridges
Spec Fds
Spec Fds
Road & Bridges
Spec Fds
Elections
Police
Administration
page 142
11/15/12 11:07 AM
Page 8
Road & Bridges
Parks & Recreation
Utility Enterprise
Spec Fds
Amount
$4,045.63
$5,045.63
$200.00
$39.41
$920.00
$200.00
$120.00
$560.00
$380.00
$2,419.41
$1,694,26
$1,694.26
$574.00
$574.00
$260.13
$260.13
$21.68
$21.68
$9.39
$12.77
$19.23
$41.39
$117.67
$117.67
$101.53
$101.53
$570.00_
$570.00
$8.94
$8.94
$8.94
$371.16
$397.98
CITY OF MENDOTA HEIGHTS
Claims List
SYSTEM CHECKS
11/20/12 PAY
page 143
11/15/12 11:07 AM
Page 9
Account Comments DEPT Descr Amount
E 01- 4400- 030 -30 FIRE SCHOOL Fire $160.00
Search Name ST CLOUD TECHNICAL COLLEGE $160.00
Search Name ST. PAUL, CITY OF
E 01- 4422 - 050 -50 ASPHALT MIX Road & Bridges $3,200.16
Search Name ST. PAUL, CITY OF $3,200.16
Search Name STONEBROOKE EQUIPMENT INC
E 01- 4330 - 490 -70 EQUIPMENT REPAIR PARTS Parks & Recreation $1,553.42
Search Name STONEBROOKE EQUIPMENT INC $1,553.42
Search Name STRETCHERS
E 01- 4410 - 020 -20 EQUIPMENT - PD Police $138.89
E 01- 4305- 024 -20 CLOTHING - PD RESERVES Police $351.92
E 01- 4410 - 020 -20 EQUIPMENT - PD Police $25.64
Search Name STREICHERS $516.45
Search Name SYSTEMATIC RAIN INC
E 27 -4460 -782 -00 IRRIGATION REPAIRS Spec Fds $225.89
Search Name SYSTEMATIC RAIN INC $225.89
Search Name TIME SAVER OFF SITE SEC. SVC.
E 01- 4220 - 080-80 10/23/12 PLANNING COMM. MEETING Planning $106.25
Search Name TIME SAVER OFF SITE SEC. SVC. $106.25
Search Name TRACTOR SUPPLY
E 01- 4305 - 070 -70 OPERATING SUPPLIES Parks & Recreation $10.69
Search Name TRACTOR SUPPLY $10.69
Search Name TRI COUNTY ASSOCIATION
E 01 -4404- 020 -20 2012 MEMBERSHIP Police $50.00
Search Name TRI COUNTY ASSOCIATION $50.00
Search Name TRI STATE BOBCAT
E 01- 4330 - 490 -50 EQUIPMENT REPAIR PARTS Road & Bridges $39.42
E 01- 4330-490 -50 EQUIPMENT REPAIR PARTS Road & Bridges $232.25
Search Name TRI STATE BOBCAT $271.67
Search Name UNIFORMS UNLIMITED
E 01-4410-020-20 EQUIPMENT - PD Police $76.26
Search Name UNIFORMS UNLIMITED $76.26
Search Name US BANK
E 01- 4223 - 020 -20
Search Name US BANK
Search Name VERIZON WIRELESS
DEC 2012 DCC PAYMENT Police $1,816.67
$1,816.67
E 01 -4210- 030 -30 OCT NOV 2012 CELL SERVICE Fire $134.78
Search Name VERIZON WIRELESS $134.78
Search Name WAGNER SOD COMPANY INC
E 27 -4460- 782 -00 IRRIGATION REPAIRS Spec Fds $242.76
Search Name WAGNER SOD COMPANY INC $242.76
Search Name WASTE MANAGEMENT
E 01 -4280- 310 -50 OCT 2012 SERVICE - PW GARAGE Road & Bridges $190.09
CITY OF MENDOTA HEIGHTS
Claims List
SYSTEM CHECKS
11/20/12 PAY
page 144
11/15/12 11:07 AM
Page 10
Account Comments DEPT Descr Amount
E 08- 4280- 000 -00 OCT 2012 SERVICE - CITY HALL Spec Fds $145.66
E 01- 4280- 310 -70 OCT 2012 SERVICE - PW GARAGE Parks & Recreation $190.09
E 15 -4280- 310 -60 OCT 2012 SERVICE - PW GARAGE Utility Enterprise $190.08
Search Name WASTE MANAGEMENT $715.92
Search Name WINFIELD SOLUTIONS, LLC
E 45 -4334- 045 -45 CHEMICALS - PAR 3 Golf Course $849.81
Search Name WINFIELD SOLUTIONS, LLC $849.81
Search Name WINGFOOT COMMERCIAL TIRE
E 01 -4330- 440 -20 TIRES - PD Police _ $1,648.84
Search Name WINGFOOT COMMERCIAL TIRE $1,648.84
Search Name WINTHROP & WEINSTINE
E 01- 4220- 120 -80 SEP 2012 LEGAL SERVICES Planning $384.25
E 01 -4220- 120 -50 SEP 2012 LEGAL SERVICES Road & Bridges $53.00
E 27- 4220 - 782 -00 SEP 2012 LEGAL SERVICES Spec Fds $53.00
E 01- 4220 - 64042 SEP 2012 LEGAL SERVICES Elections $145.75
E 01 -4220- 120 -10 SEP 2012 LEGAL SERVICES Administration $1,219.74
E 01- 4221 - 120 -10 SEP 2012 LEGAL SERVICES - RETAINER Administration $500.00
Search Name WINTHROP & WEINSTINE $2,355.74
Search Name ZATS, HAROLD & BETTY
R 01 -3615 REFUND - OVERPAYMENT ON ASSESSMENT $3.00
Search Name ZATS, HAROLD & BE 1 i Y $3.00
Search Name ZWEBER, JENNIFER
E 45- 4415 - 045 -45 MILEAGE REIMBURSEMENT Golf Course $33.01
E 45- 4490 - 045 -45 TROPHIES - GOLF LEAGUE Golf Course $9.11
E 45- 4305 - 045 -45 SUPPLIES - NIGHT GOLF Golf Course $14.98
Search Name ZWEBER, JENNIFER $57.10
$72,866.44
11,01 viol ra a :
651_45218_
page 145
7a.
DATE:
TO:
FROM:
SUBJECT:
CITY OF
MENDOTA HEIOHTS
BACKGROUND
November 20, 2012
Mayor, City Council and City Administrator
Jake Sedlacek, Assistant to the City Administrator
Ordinance 444 Creating a Commercial Property Maintenance Code
Planning case 2012 -13 was submitted by city staff in May 2012, to amend Title 12 of City Code to
include a chapter on commercial property maintenance. The proposed ordinance impacts all properties
in the Business and Industrial zoning designations.
The planning commission discussed this topic over the course of several meetings, extending the public
hearing on the matter to ensure opportunities for public input.
At their August 28, 2012 meeting, the planning commission recommended that the city council adopt
the new code, on a 4:3 vote (commissioners Roston, Field and Chair Norton).
City council discussed this item at their workshop held on October 30, 2012 and voiced support for
moving the application forward. Discussion centered on the need for a new tool to ensure property
maintenance in commercially zoned properties. Concerns were raised regarding the application of
standards for landscaping and parking lots, as well as suggestions for language changes.
BUDGET IMPACT
Adopting an ordinance amending the Zoning Ordinance will have costs for recording and codification.
RECOMMENDATION
If city council wishes to implement the planning commission recommendation, approve ORDINANCE
444, AN ORDINANCE AMENDING TITLE 12 TO ADD CHAPTER EIGHT, COMMERCIAL/
INDUSTRIAL PROPERTY MAINTENANCE. This action requires a simple majority vote.
If the ordinance is approved, staff recommends designating a grace period before the code is actively enforced.
This time can be used to continue educating property owners about new requirements, and providing an
opportunity to correct non - conforming conditions.
page 146
1101 Iota heig,i
E 54455 0 phone
is corn
CITY OF
IENDOT%. HEIGHTS
DATE:
TO:
FROM:
SUBJECT:
BACKGROUND
October 30, 2012
Mayor, City Council and City Administrator
Jake Sedlacek, Assistant to the City Administrator
Commercial Property Maintenance Code
At the direction of city council, a planning application was presented to the planning commission on May 22,
2012 to amend Title 12 of City Code to include a chapter on commercial property maintenance. The
proposed ordinance would impact all properties in the Business and Industrial zoning designations.
The planning application was deemed complete April 30, 2012, public notice was published in the City's
legal newspaper. Notice of the proposed ordinance was also featured in weekly updates from the Dakota
County Regional Chamber of Commerce, Mendota Heights Patch.com and the Pioneer Press.
The proposed code establishes a standard for maintenance of the exterior of all structures, as well as
landscaping for parcels in the Business and Industrial zoning designations. This matter has been discussed at
length at the planning commission. Discussion ranged from the language used, to the intended purpose of
the new regulation. Feedback has been received from the Dakota County Regional Chamber of Commerce
on behalf of member businesses, as well as from the new owner of the Fischerville Coffee Shop.
Planner Grittman described the current draft of the document has having integrated many of the concerns
raised by the commission in previous discussion. Mr. Grittman cautioned that while the current draft
"tightens up" language in a number of ways, this type of code requires flexibility for staff to determine
whether or not a reported complaint constitutes a violation.
At their August 28, 2012 meeting, the planning commission was in agreement that the current draft is
improved from the initial draft considered. The commission was split on the need for code, with three
members expressing their opinion that there is no need for a new code. Four members expressed their
opinion that the proposed code could be a useful tool in the event that property maintenance becomes an
issue in business /commercial properties.
There were no comments at the public hearing. After brief discussion, the commission recommended that
the city council adopt the new code, on a 4:3 vote (commissioners Roston, Field and Chair Norton).
BUDGET IMPACT
Adopting an ordinance amending the Zoning Ordinance will have costs for recording and codification.
RECOMMENDATION
If city council wishes to implement the planning commission recommendation, direct staff to place this item
on a future city council agenda for formal action.
page 147
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE 444
AN ORDINANCE AMENDING TITLE 12 TO ADD CHAPTER EIGHT,
COMMERCIAL /INDUSTRIAL PROPERTY MAINTENANCE
The City Council of the City of Mendota Heights, Minnesota ordains as follows:
SECTION 1: City Code Title 12, Chapter 8 is hereby proposed as follows:
12 -8 -1: FINDINGS AND PURPOSE STATEMENT:
The City Council finds that it is in the best interest of the City to protect the public health,
safety, and general welfare of its citizens. To this end, the City believes that by adoption of
these commercial /industrial property maintenance regulations, it will further the following
objectives:
A. To preserve the value of commercial and industrial property within the City;
B. To protect the character and stability of commercial and industrial areas of the City;
C. To provide for minimum standards of maintenance for commercial /industrial properties
within the City and ensure compliance;
D. Provide a mechanism to place conditions upon those commercial /industrial properties
which do not comply with the standards of maintenance established herein.
E. Assist in identification and correction of dangerous or life threatening conditions that may
be identified within the City.
F. Provide a mechanism to mitigate potential public health issues identified within the City.
12 -8 -2: DEFINITIONS:
All terms not defined herein shall have the meaning assigned to them in Section 12 -1 B -2 of
this Title. If a conflict arises as to the definition of any term between this Chapter and Section
12 -1 B -2 of this Title, the definition in Section 12 -1 B -2 of this Title shall control. As used
herein, the following words shall have the following meanings:
ACCESSORY STRUCTURE: Shall have the meaning stated in this Title. Accessory
buildings or structures shall include, but are not limited to: decks, porches, detached garages,
and sheds.
BUILDING: Shall have the meaning stated in this Title. Buildings shall include, but are not
limited to: dwellings, offices, warehouses, and stores and shall include all buildings containing
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commercial or industrial uses, regardless of zoning district, with the exception of legal home
occupations on residentially zoned property.
FENCE: Any structure, wall, or gate erected as a permanent dividing marker, partition, visual
or physical barrier, or enclosure, excluding any permitted temporary fence as regulated in the
zoning regulations of this Code, within a parcel of land regardless if the parcel is platted or
unplatted.
PROPERTY: Developed or undeveloped land, parcel or platted lot, including any building
structures, and accessory structures thereon and shall include all land, parcels, or lots
containing commercial or industrial uses, regardless of zoning district, with the exception of
legal home occupations on residentially zoned property.
STRUCTURE: Shall have the meaning stated in this Title.
WEEDS: All grasses, annual or perennial plants and vegetation, other than trees or shrubs.
This term shall not include cultivated lawns, flowers and gardens.
12 -8 -3: BUILDING AND STRUCTURE APPEARANCE AND SAFETY REQUIREMENTS:
A. Building Material Condition: Any building or structure is a public nuisance if its exterior
does not comply with the following requirements:
1. All exterior property shall be maintained in a clean, safe, and sanitary condition.
2. No part of any exterior building surface shall have significant deterioration including, but
not limited to, holes, breaks, gaps, or loose or rotting materials. All exterior surfaces of
the structure including, but not limited to, doors, door and window frames, cornices,
porches and trim, shall be maintained in a good and safe condition. Exterior wood
surfaces on the structures, other than decay resistant woods, stucco or other materials
that do not normally require protection from the elements shall be protected from the
elements and decay by staining, painting or other protective covering or treatment or
other appropriate method acceptable to the City. With regard to broken windows, repair
shall require replacement of all broken glass, or in the alternative, remodeling of the
exterior by removing the window and its frame and replacing such window with exterior
siding to match and blend in with the surrounding siding.
B. Premise Identification: All buildings shall have address numbers
placed in a position to be plainly legible and visible from the street or road fronting the
property. These numbers shall contrast with their background. Address numbers shall be
Arabic numerals. Numbers shall be a minimum of four (4) inches in height or larger as
necessary to ensure visibility.
C. Architectural Elements: All architectural elements including, but not limited to, cornices,
belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be
maintained in good repair with proper anchorage and in a safe condition.
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12 -8 -4: MAINTENANCE REQUIREMENTS FOR VACANT BUILDINGS:
A. Maintenance:
1. Any vacant building or structure in the City that is found by an authorized employee or
agent of the City to be dangerous to public safety or health by reason of the following
is hereby declared to be a public nuisance and a hazardous structure or condition:
a. Damaged by fire, storm or vandalism;
b. Defective chimneys or stovepipes;
c. Dilapidated condition or decay; or
d. Any other defect endangering the public safety or health.
2. Any vacant structure which is damaged, decayed, dilapidated, unsanitary, unsafe,
vermin or rodent infested, presents environmental health risks or which lacks
provisions for safe illumination, ventilation, or sanitary facilities to the extent that the
defects create a hazard to the health, safety, or welfare of the public, may be declared
unfit for human habitation or unsafe to the public by the City.
3. Whenever any vacant building has been declared unfit for human habitation or unsafe
to the public, the City may proceed to declare the building a hazardous building or
hazardous property and may seek to correct or remove the hazardous condition as
authorized by Minnesota law.
B. Security Measures. Vacant buildings violating the terms of Paragraph 12 -8 -4 A. shall be
secured in accordance with Minnesota State Statutes 463.251 and applicable Building
Code requirements.
1. Windows and doors shall be covered to prevent entry within a frame, and with
covering materials that are designed to complement or match those of the existing
building.
2. Any part of the building, such as walls or roof, which is damaged in such a way as to
allow possible entry, shall be repaired with materials that match the materials used for
that part elsewhere on the building, and in a manner which masks the visible
impression of vacancy.
12 -8 -5: LANDSCAPING AND GROUNDS MAINTENANCE:
A. Vegetation, Trimming and Replacement (Trees and Shrubs): The owner and any
respective agents responsible by contract or law for property maintenance shall be jointly
and severally responsible for the planting, trimming and maintenance of all site trees and
shrubs in a condition presenting a healthy, neat and orderly appearance which is free from
refuse and debris. Plants and ground cover which are required by an approved site or
landscape plan and which have died shall be replaced as soon as seasonal or weather
conditions allow.
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B. Weeds: All premises and exterior property shall be maintained free from weeds in excess
of eight (8) inches. All noxious weeds shall be prohibited and removed.
C. Grass Mowing and Irrigation: All grass shall be maintained at a height not exceeding
eight (8) inches. All exterior property areas devoted to grass shall be maintained and
irrigated (watered) as necessary to ensure vegetative health. The City acknowledges that
the legitimate maintenance of natural landscapes using drought - tolerant and native
species may justify an exemption from this provision.
D. Sidewalks and Driveways: All sidewalks, walkways, stairs, driveways, parking
spaces, other hardscape surfaces such as patios, and similar areas shall be kept in a
proper state of repair, and maintained free from hazardous conditions.
E. Parking Lots: Unless otherwise approved by the City, every lot or area used for public or
private parking shall be maintained in accordance with the following requirements:
1. Pavement. Off - street parking areas shall be paved and maintained so as to eliminate
dust or mud and shall be graded and drained to dispose of surface water.
2. Striping. Designated parking spaces shall be indicated and maintained on the surface
of off - street parking areas with paint or other striping material approved by the City.
3. Curbing. Curb barriers (around the perimeter or within off - street parking areas) shall
be maintained to so as not to exhibit any significant deterioration.
F. Fencing: Any fence is a public nuisance if it does not comply with the following
requirements:
1. The fence shall be firmly fastened and anchored in order that it is not leaning or
otherwise in any stage of collapse.
2. The fence shall be maintained in sound and good repair and free from deterioration,
loose or rotting pieces, or holes, breaks, or gaps not otherwise intended in the original
design of the fence. The fence shall be free from any defects or condition which
makes the fence hazardous.
3. All exterior wood surfaces of any fence, other than decay resistant woods, shall be
protected from the elements by paint or other protective surface covering or treatment,
which shall be maintained in good repair to provide the intended protection from the
elements.
4. No fence section shall have peeling, cracked, chipped or otherwise deteriorated
surface finish, including but not limited to: paint or other protective covering or
treatment, on more than twenty (20) percent of any one linear ten -foot section of the
fence.
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12 -8 -6: ACCESSORY USES, BUILDINGS AND STRUCTURES:
A. Building Materials Condition: The exterior of all accessory structures, including but not
limited to, fences and walls shall be maintained in structurally sound condition and in good
repair.
B. Architectural Elements: All architectural elements accessory to the principal building shall
be maintained in a structurally sound condition and in good repair (as similarly required of
the principal building). Architectural elements include, but are not limited to, cornices, belt
courses, corbels, terra cotta trim, wall facings and similar decorative features.
C. Storage and Screening: Except as specifically allowed within the applicable zoning
district or as a listed exception, all materials and equipment shall be stored indoors.
When allowed, materials and equipment stored outdoors shall be screened from eye level
view of abutting residential zoning districts in accordance with the City's zoning
regulations and maintained as follows:
1. Maintenance of required screening (plantings, berm and /or fence) shall be the joint
and several responsibility of the individual property owner, its respective agents
responsible by contract or law for such maintenance, and /or, where applicable, the
property owners' association.
2. All fence repairs shall be consistent with the original fence design in regard to location
and appearance.
3. Wherever landscaping and /or fencing improvements have been made pursuant to City
approval as a part of zoning, subdivision, or site plan review process, replacement of
landscape materials or plantings shall be consistent with the original screen (buffer
yard) design.
4. All repair or plant replacement shall be done within forty -five (45) days of written
notification from the Zoning Administrator, weather permitting.
D. Signage: All signs shall be maintained in a safe, presentable and good structural
condition at all times. Maintenance shall include painting, repainting, cleaning,
replacement or repair of defective parts, replacement of missing letters and other
necessary acts. Any sign which the City finds is in a dangerous or defective condition
shall be removed or repaired by the owner of the sign or the owner of the premises on
which the sign is located.
E. Exterior Lighting: All light fixtures shall be maintained in good repair. Lights for
illuminating parking areas, loading areas or yards for safety and security purposes shall
be maintained in such a manner that the maximum illumination levels established within
the City's zoning regulations are not exceeded.
12 -8 -7: ACCUMULATIONS AND HAZARDOUS MATERIAL:
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A. Accumulations: Hazardous substances, dangerous materials, pollutants, or
contaminants, as those terms are defined by Federal, State and local laws, shall not be
stored or allowed to accumulate in stairways, passageways, doors, windows, fire escapes
or other means of egress.
B. Hazardous Material: Hazardous substances, refuse, pollutants and contaminants, as
those terms are defined by Federal, State, and local laws, shall not be accumulated or
stored unless storage complies with the applicable requirements of all laws, rules and
ordinances pertaining to the activity, including, but not limited to, the City's Building Code
and Fire Prevention Code, including, but not limited to, Title 4 and Title 7 of the City Code,
and any other applicable regulation.
12 -8 -8: RUBBISH, GARBAGE AND TRASH:
A. Accumulation and /or Storage of Rubbish and Garbage: All exterior property areas shall
be free from any unreasonable accumulation of rubbish and garbage.
B. Disposal of Rubbish: Every occupant of a structure shall reasonably store and dispose of
all rubbish and garbage in a clean and sanitary manner in accordance with all laws,
including, but not limited to, Title 4, Chapter 2 of the City Code.
C. Screening: Garbage and recycling containers shall be either: a) stored inside a building
such that they are not visible from adjacent public streets or adjoining properties; or b)
stored outside but fully screened from view of adjacent public streets or adjoining
properties by landscaping or fencing materials.
D. Collection: Discarded materials and equipment shall not be left outside for collection and
disposal for more than seventy two (72) hours. Materials and equipment not awaiting
collection and disposal shall not be placed outside.
12 -8 -9: ABATEMENT AND ENFORCEMENT PROCEDURES:
A. Enforcement Officials: The City Council shall enforce the provisions of this Chapter and
may by resolution delegate to various officers or agencies power to enforce particular
provisions of this Chapter, including the power to inspect private property.
B. Notice to Abate: Whenever, in the judgment of City Council or the officer charged with
enforcement of this Chapter, it is determined that a violation hereof is being caused or
exists within the City, such officer shall notify in writing the person committing or
maintaining such violation and the owner of the property and require them to remedy such
violation and to remove such conditions or remedy such defects. Such written notice shall
be delivered to the person committing or maintaining violation and the owner of the
property or may be delivered by mail. If the property is not occupied and the address of
the owner is unknown, service on the owner may be accomplished in the manner
specified for service in Rule 4 in the Minnesota Rules of Civil Procedure, except in the
case of an emergency and then in such case, service shall be accomplished after posting
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such notice for twenty four (24) hours. Such notice shall require the owner or occupant of
the property, or both, to take corrective steps within a time as defined by the officer
charged with enforcement to remedy such violations, such steps and time to be
designated in the notice, but the maximum time to remedy a violation after service of such
notice shall not exceed one hundred twenty (120) days. In the case of severe financial or
physical hardship, the Council may grant an extension to the time limit. Said violation
shall be corrected "immediately" in the case of imminent danger to the public health,
safety, or welfare. Service of notice may be proven by filing an affidavit of service in the
office of the City Clerk setting forth the manner and time thereof.
C. Report of Failure to Abate: When notice so given is not complied with, such
noncompliance shall be reported forthwith to the city for such action as may be necessary
and deemed advisable to abate and enjoin further continuation of such nuisance,
including referring the matter to the City's prosecuting attorney to pursue a judicial remedy
on behalf of the City. A violation of this Chapter shall be subject to a penalty as provided
in section 1 -4 -1 of this Code.
D. Abatement by City: In the event the City chooses to abate said violation, the City shall
adopt a resolution setting forth the specific details of the corrective matters to be taken. A
copy of the resolution shall be sent to the property owner by certified mail and if the
violation is not abated within ten (10) days of the mailing of said resolution, the City shall
take all actions necessary to abate said violation, keeping accurate records of the cost of
the same.
E. Costs to Owner: The Finance Director shall prepare a bill and mail it to the owner of the
property for the costs incurred by the City, including, but not limited to, administrative
costs, attorney fees and costs and the costs of any outside contractor engaged by the city
to correct such violation, and thereupon the amount shall be immediately due and payable
to the City (the "bill ").
F. Special Assessment: If the bill is not paid to the City within twenty (20) days after the
mailing of the bill, the City Clerk shall extend the costs of abating the violation as a special
assessment against the property upon which the violation was located, and such special
assessment shall, at the time of certifying taxes to the County Auditor, be certified for
collection as other special taxes and assessments are certified and collected. The City
Council may specify an additional penalty for such special assessment collections.
G. This Section provides an alternative means of enforcement of the terms of this ordinance,
and nothing in this Section shall be construed in such a way as to limit or restrict the City's
right to pursue available remedies under other law, including civil or criminal proceedings,
as may be applicable.
SECTION 2: Effective Date.
This ordinance becomes effective on the date of its publication, or upon the publication of a
summary of the ordinance as provided by Minn. Stat. § 412.191, Subdivision 4, as it may be
amended from time to time, which meets the requirements of Minnesota Statute Section
331A.01, Subdivision 10, as it may be amended from time to time.
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This ordinance shall be in full force and effect from and after its publication according to law.
Adopted and Ordained into an Ordinance this 4th day of September, 2012.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
By
Sandra Krebsbach, Mayor
ATTEST
Lorri Smith, City Clerk
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