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2016-06-07 Council PacketCITY OF MENDOTA HEIGHTS CITY COUNCIL AGENDA June 7, 2016 – 7:00 pm Mendota Heights City Hall 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Adopt Agenda 5. Consent Agenda a. Approve May 17, 2016 City Council Minutes b. Approve May 24, 2016 Council Workshop Minutes c. Acknowledge May 24, 2016 Planning Commission Minutes d. Adopt Revised Snow Plow Policy e. Adopt Ash Tree Management Policy f. Acknowledge April 2016 Fire Synopsis g. Approve Personnel Action Items h. Approve Action to Terminate Probationary Police Sergeant i. Authorize Replacement of the Friendly Hills Hockey Boards/Fence j. Approve Resolution 2016-51, PUD Amendment for United Properties at 1312 Northland Dr k. Authorize Out of State Travel for Fire Department l. Authorize Purchase of Used Community Service Officer Squad m. Authorize Change of RFP Scheduling for Professional Services n. Approve Claims List o. Write Off Outstanding Developer Invoice p. Change July 5, 2016 Regular Council Meeting date to Wednesday, July 6, 2016 6. Public Comments 7. Presentations - none 8. Public Hearings a. New Liquor License for Haiku Inc. b. Approve Liquor License Renewals 9. New and Unfinished Business a. Consider 12-month extension of The Oaks Preliminary Plat b. Resolution 2016-45, Conditional Use Permit at 1002 Oxford Ct – Planning Case 2016-11 c. Resolution 2016-46, Conditional Use Permit at 701 Mendota Heights Rd–Planning Case 2016- 14 d. Resolution 2016-47, Variance at 2165 Timmy Street – Planning Case 2016-12 e. Resolution 2016-48, Lot Split and Variance at 810/804 Ridge Pl – Planning Case 2016-13 f. Resolution 2016-49, Variance at 2305 Apache Street – Planning Case 2016-15 g. Resolution 2016-50, Conditional Use Permit at 2535 Pilot Knob Rd–Planning Case 2016-17 h. Ordinance 496, Amending City Code Relating to Sump Pump Compliance Inspections i. Authorization to Seek Professional Services for Sump Pump Compliance Inspections j. Approve Police Captain Position k. Approve Community Service Officer Position l. Approve Part-Time IT Specialist Position 10. Community Announcements 11. Council Comments 12. Adjourn CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, May 17, 2016 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 Acting Mayor Povolny called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Duggan and Norton. Absent: Councilmember Petschel and Mayor Krebsbach. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Acting Mayor Povolny presented the agenda for adoption. Councilmember Duggan moved adoption of the agenda. Councilmember Norton seconded the motion. Ayes: 3 Nays: 0 Absent: 2 (Petschel, Krebsbach) CONSENT CALENDAR Acting Mayor Povolny presented the consent calendar and explained the procedure for discussion and approval. Councilmember Duggan moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein, pulling items e.) Approve Resolution 2016-41 Accept Gift from Trudy Sheire, g.) Approve Resolution 2016-40 Recognizing National Public Works Week, k.) Approve Personnel Action Items, n.) Authorize Purchase Order for Invasive Species Control in Valley Park, and o.) Accept Mendota Plaza Expansion Wetland Delineation Report. a. Approve May 3, 2016 City Council Minutes b. Approve May 9, 2016 City Council Special Meeting Minutes c. Acknowledge the April 12, 2016 Parks and Recreation Commission Minutes d. Approve Resolution 2016-39 Participation in All Hazard Mitigation Planning with Dakota County e. Approve Resolution 2016-41 Accept Gift from Trudy Sheire f. Authorize the Purchase of a Used Reserve Squad page 3 g. Approve Resolution 2016-40 Recognizing National Public Works Week h. Approve Resolution 2016-42 Revising Fee Schedule for Plan Reviews i. Accept Firefighter Resignation j. Approve Resolution 2016-43 Declare Surplus Property — Golf Course Equipment k. Approve Personnel Action Items l. Approve Purchase of a Vehicle Mounted Manhole and Storm Grate Lifter m. Approve Resolution 2016-44 Accept Donation from Friends of the Parks for Tree Purchase and Planting n. Authorize Purchase Order for Invasive Species Control in Valley Park o. Accept the Mendota Plaza Expansion Wetland Delineation Report p. Approval of Claims List q. Accept Building Activity Report for April 2016 r. Approve Treasurer's Report Councilmember Norton seconded the motion. Ayes: 3 Nays: 0 Absent: 2 (Petschel, Krebsbach) PULLED CONSENT AGENDA ITEM E) APPROVE RESOLUTION 2016-41 ACCEPT GIFT FROM TRUDY SHEIRE Councilmember Duggan wished to acknowledge the gift from Trudy Sheire towards an AED defibrillator. Councilmember Duggan moved to adopt Resolution 2016-41 Accept Gift from Trudy Sheire. Councilmember Norton seconded the motion. Ayes: 3 Nays: 0 Absent: 2 (Petschel, Krebsbach) G) APPROVE RESOLUTION 2016-40 RECOGNIZING NATIONAL PUBLIC WORKS WEEK Councilmember Duggan wished to recognize the importance of the ‘staff that is always there’, especially the Public Works Department during National Public Works Week and he expressed his deep gratitude for all that they do. Councilmember Duggan moved to adopt Resolution 2016-40 Recognizing National Public Works Week. Councilmember Norton seconded the motion. Ayes: 3 Nays: 0 Absent: 2 (Petschel, Krebsbach) page 4 K) APPROVE PERSONNEL ACTION ITEMS Assistant to the City Administrator Schutta noted that Police Officer Steven Meyer has been on light duty for some time and he has notified staff of his retirement effective May 18, 2016. Ms. Schutta wished to have his service to the City of Mendota Heights recognized and she requested Council direction to begin the recruitment process to fill this vacancy. Chief of Police Michael Aschenbrener noted that Officer Meyer has been with the City of Mendota Heights Police Department for 10 years and 11 months. He also provided some background on Officer Meyer’s accomplishments during his tenure. It was also noted that Officer Phil McCarty has completed his probation period. Councilmember Duggan asked where the Police Department now stood on open positions. Chief Aschenbrener replied that there is one opening. He reviewed the steps in the hiring process and approximate timeframes for filling an open position in the Police Department. Councilmember Duggan moved to approve the Personnel Action Items. Councilmember Norton seconded the motion. Ayes: 3 Nays: 0 Absent: 2 (Petschel, Krebsbach) N) AUTHORIZE PURCHASE ORDER FOR INVASIVE SPECIES CONTROL IN VALLEY PARK Councilmember Duggan expressed his concern and asked about the rotation schedule in handling invasive species in the community. He specifically wished to know when the southern part of the city would be included in the rotation. City Engineer John Mazzitello replied that the City has a Natural Resource Management Plan that staff is working through. The southeastern area around Copperfield Pond, Huber Drive, and Friendly Hills Middle School is part of the plan and will be the next area to be focused on when Valley Park has been completed. Councilmember Duggan also noted that he has noticed grass clippings on the edges of some streets and directed staff to place a notice on the website, or some other venue, about the importance of sweeping the clippings up before they enter into the storm drains. Councilmember Duggan moved to authorize the purchase for invasive species control in Valley Park. Councilmember Norton seconded the motion. Ayes: 3 Nays: 0 Absent: 2 (Petschel, Krebsbach) page 5 O) ACCEPT THE MENDOTA PLAZA EXPANSION WETLAND DELINEATION REPORT Councilmember Duggan asked City Engineer John Mazzitello to walk through what was being proposed. City Engineer Mazzitello explained that the owners of Mendota Plaza own the undeveloped triangle that is to the north and east of the existing development; across the creek and between the creek and Highway 110. The original wetland delineation report that was completed with their PUD application is now about eight years old. This original delineation report has not necessarily expired; however, when the reports are older, the regulatory agencies do not like to use them and prefer to have them updated. Therefore, Paster Properties has recreated the wetland delineation report to show where the wetlands are in relation to their undeveloped piece of property. This new report indicates where those wetlands are and is not tied to any particular new development. The report does show that the wetland boundaries have changed very little in the last eight years and that the impacts associated with the original PUD look to be consistent with the way the wetlands are currently configured. Councilmember Duggan asked if there was any threat to the wetlands from the proposed trail that will eventually cross Highway 110. Engineer Mazzitello replied that the proposed trail will be not be located on this property. Councilmember Duggan moved to accept the Mendota Plaza Expansion Wetland Delineation Report. Councilmember Norton seconded the motion. Ayes: 3 Nays: 0 Absent: 2 (Petschel, Krebsbach) PUBLIC COMMENTS There were no public comments. PRESENTATIONS None scheduled. PUBLIC HEARING None scheduled. NEW AND UNFINISHED BUSINESS None scheduled. page 6 COMMUNITY ANNOUNCEMENTS Assistant City Administrator Tamara Schutta made the following announcements: • There is still time to register for the 11th annual 5K, scheduled for June 4 at 9:00 a.m. • Concerts in the Park at Market Square start on Friday, June 3, beginning at 6:30 p.m. • The Parks Celebration at Mendakota Park is on June 4 beginning at 11:00 a.m. • Residents are encouraged to sign up for Pickle Ball classes that begin in June. Information can be found on the City’s website. COUNCIL COMMENTS Councilmember Duggan noted that he is working with the Pilot Knob Preservation Association on a worthwhile project. They have asked that the City support them in reprinting some of their existing brochures that are made available to visitors at the Pilot Knob site. Councilmember Duggan asked that the Council consider helping them. Acting Mayor Povolny noted that pedestrians and cyclists are out and about and he encouraged everyone to be watchful. He reminded pedestrians and cyclists to wear reflective clothing or gear. ADJOURN Councilmember Duggan moved to adjourn. Councilmember Norton seconded the motion. Ayes: 3 Nays: 0 Absent: 2 (Petschel, Krebsbach) Acting Mayor Povolny adjourned the meeting at 7:20 p.m. ____________________________________ Michael Povolny Acting Mayor ATTEST: _______________________________ Lorri Smith City Clerk page 7 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Council Workshop Tuesday, May 24, 2016 Pursuant to due call and notice thereof, a workshop of the Mendota Heights City Council was held at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Krebsbach called the meeting to order at 1:05 p.m. The following members were present: Councilmembers Duggan, Norton, Petschel. Councilmember Povolny joined the meeting at 1:10 p.m. PUBLIC SAFETY a. Discussion of Use of Barbeque Grills on Townhouse Decks - City Administrator Mark McNeill, Fire Chief John Maczko, and Fire Marshal Jim Lee provided the Council with background information on the revised Code relating to grills on decks and patios. The ordinance had been changed in July 2015 to state that grilling within 15 feet of the structure is not allowed in any structure containing three or more residential units. Connie Roehrich, representing residents of the Ivy Keep and Ivy Hill Townhomes, was present to discuss how this new revised ordinance affects them. There was discussion of installing a permanent gas line to the grills, which would be allowed under this ordinance. The Council discussed a possible compromise of no grilling within 8 feet of the building instead of the current 15 feet as stated in the ordinance. b. Police Study Follow-up – Police Chief Aschenbrener reviewed with the Council the recommendations from the McGrath study and the suggested implementation process. The Council reviewed proposed job descriptions for a new Captain position and a new Community Service Officer position and the costs associated with each. By consensus of the Council, the job descriptions for these two new positions, and proposals for psychological services, will be brought forward to the Council. FINANCIAL a. Water Fees – Water Tower Fund Balance and 10% Surcharge - City Administrator Mark McNeill, Finance Director Kristen Schabacker, and Public Works Director John Mazzitello discussed with the Council the status of the Water Tower Fund balance. It was noted there is currently approximately $1.4 million in the fund, which has been accumulated from revenues of the water surcharge and the page 8 cell tower revenue. Mr. Mazzitello stated that, in an earlier conversation that he had had with City Attorney Tom Lehmann, he had been advised that the revenue from the water bill surcharge can only be used for infrastructure improvements. However, the revenue from the cell tower rents can be used for any city need. By Council consent, it was determined that the water surcharge of 10% will be left at this rate. The Council agreed to revisit the use of the balance of the Water Tower Fund during discussions for the FY17 Budget. By Council consent, it was also agreed that a portion of the Water Tower Fund balance will be used to fund the sump pump inspection program. DEVELOPMENT a. Village Lots Update – Concept Proposal – Administrator McNeill and Planner Nolan Wall discussed with the Council a concept proposal for development of the three vacant lots at The Village at Mendota Heights. During the past year, staff had explored the possible use of a restaurant at this site. Mr. Ross Fefercorn, developer of The Village, had earlier provided a concept plan which showed a continuation of the residential development at this site. The Council expressed the desire to consider additional possibilities for the development of this site, and directed staff to send out a Request for Proposals to solicit other proposals. b. Solar gardens – City Administrator McNeill discussed with the Council a solar garden concept, which would allow the City to enter into a subscription agreement to purchase solar-generated electricity from a joint solar energy provider. He said that staff had recently received information from GreenMark Solar regarding the possibility of having the City agree to be a part of a community solar garden. Since GreenMark required a response by June, the Council concluded they would not go forward with this proposal, but would like to consider this concept in the future. PUBLIC WORKS a. Sump Pump Implementation – Public Works Director John Mazzitello explained the proposed sump pump inspection program. It was estimated that approximately 2100 to 2500 properties will need to be inspected, to be certain that no clear water is being discharged into the city’s sanitary sewer system. He said that homes built after 2001 will not need to be inspected, as they would be covered under a newer building code. It is estimated that the inspections will take approximately 9 to 12 months; he estimated the cost of the program to be $180,000 to $220,000 to implement. By Council consent, the draft ordinance and Inflow and Infiltration Policy will be brought forward to a future Council meeting for consideration. The inspection program will allow two contacts with the homeowner at no fee (an initial inspection and a final inspection), and that there would be charged a fee for any additional homeowner contacts which are needed for compliance. This charge will be added to the fee schedule. page 9 b. Snow Plowing Policy – Public Works Director John Mazzitello presented a revised snow plowing policy. One change being proposed is that snow plow operators will not be allowed to clear private driveways or parking lots. In addition, a maximum of $50 reimbursement from the City for damage to a mailbox will be included in the policy. Also proposed to be included will be damage to city equipment from objects in the right of way will be the property owner’s responsibility. The Council accepted the proposed changes and these will be brought forward to the Council for approval. c. Ash Tree Management Policy – Public Works Director John Mazzitello reviewed with the Council an Ash Tree Management Policy. This policy is in response to a spreading infestation by the Emerald Ash Borer insect in Minnesota. An inventory of the trees in Mendota Heights performed in 2015 found more than 600 ash trees on City rights of way, with an additional 70 ash trees in the City’s parks. The policy states that any ash trees which are located in a developed right of way and showing signs of decline will not be replaced. Ash trees located in city parks and showing signs of decline will be evaluated for replacement on a tree by tree basis. Those trees in parks that are deemed valuable to the park will be replaced with a non-ash species of tree, as funding permits. The Council accepted the policy and this will be brought forward to a regular Council meeting for action. IT POLICY FOR COUNCIL Assistant to the Administrator Tamara Schutta presented a letter received from the League of Minnesota Cities discussing loss control topics. This was in conjunction with the League of Minnesota Cities Insurance Trust property, liability and/or workers’ compensation program. They completed a Data Security survey which included assessing the risks of data breaches, virus contamination, hacker attacks, and employee misuse. Recommendations from the survey included the City should develop a Social Media Policy. Staff is currently reviewing a draft policy and will bring this forward to the Council. She recommended that the City also develop a policy for the retention of records for the City’s social media sites. Staff is reviewing the current Records Retention policy, and will include this in a section in the Social Media Policy. Ms. Schutta said that the City should also consider training employees and elected officials on the importance of technology security and data retention. Staff has provided two training sessions in the past for employees and will invite the Council to attend any future training sessions. Finally, she recommended that the City should consider a policy to require all elected officials to use a City provided email address. The consensus of the Council was for each Councilmember to use a web based email account which is kept separate from their personal email. page 10 ADJOURN Mayor Krebsbach adjourned the meeting at 4:40 p.m. ____________________________________ Sandra Krebsbach Mayor ATTEST: _______________________________ Lorri Smith City Clerk page 11 CITY OF MENDOTA HEIGHTS 1 DAKOTA COUNTY, MINNESOTA 2 3 PLANNING COMMISSON MINUTES 4 May 24, 2016 5 6 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, May 24, 7 2016 in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. 8 9 The following Commissioners were present: Chair Litton Field, Jr., Commissioners Michael 10 Noonan, Doug Hennes, Mary Magnuson, and Brian Petschel. Those absent: Howard Roston and 11 Christine Costello. Others present were City Planner Nolan Wall and Public Works Director/City 12 Engineer John Mazzitello. 13 14 Approval of Agenda 15 16 The agenda was approved as submitted. 17 18 Approval of April 26, 2016 Minutes 19 20 COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER NOONAN TO 21 APPROVE THE MINUTES OF APRIL 26, 2016, AS PRESENTED. 22 23 AYES: 5 24 NAYS: 0 25 ABSENT: 2 (Roston, Costello) 26 27 Hearings 28 29 A) PLANNING CASE #2016-16 30 Mendota Mall Associates/Paster Properties 31 Mendota Plaza Second Addition Conditional Use Permit for Planned Unit Development 32 Amendment, Preliminary/Final Plat, and Wetlands Permit 33 34 City Planner Nolan Wall explained that an application was received for a Conditional Use Permit 35 for a Planned Unit Development Amendment, as well as Preliminary and Final Plat Applications, 36 and a Wetlands Permit. This hearing was publically noticed; however, the application is not ready 37 to move forward. 38 39 Since this was publically noticed and there could be members of the audience who wish to provide 40 comment, it was suggested that the public hearing be opened and public comments be heard. 41 However, staff would not be making a presentation on this application and the Commission was 42 requested to make a formal action by tabling the application and provide staff with instructions to 43 extend the 60-day timeline requirements under the Statute. 44 45 page 12 Chair Field opened the public hearing; however, there were no comments made by the public at 46 this time. 47 48 COMMISSIONER HENNES MOVED, SECONDED BY COMMISSIONER PETSCHEL, TO 49 TABLE PLANNING CASE 2016-16 AND EXTEND THE 60-DAY REVIEW TIMELINE. 50 51 AYES: 5 52 NAYS: 0 53 ABSENT: 2 (Roston, Costello) 54 55 B) PLANNING CASE #2016-11 56 All Energy Solar, 1002 Oxford Court 57 Conditional Use Permit 58 59 City Planner Nolan Wall explained that the applicant was seeking a conditional use permit to 60 construct a roof-mounted solar energy system at 1002 Oxford Court. He then shared an image of 61 the property located at the end of a cul-de-sac off of Walsh Lane. The property is surrounded by 62 R-1 properties; Victoria would be the nearest street to the east. 63 64 The City Council recently adopted Ordinance 485, which created standards for alternative energy 65 systems, as part of Planning Case 2015-34, which permitted solar energy systems as a conditional 66 use in all districts subject to a number of conditions. Planner Wall then reviewed the standards 67 and conditions required in relation to this request and Conditional Use Permits in general; and 68 shared how this application meets those standards and conditions. 69 70 There were no additional questions from the Commissioners. 71 72 Chair Field opened the public hearing. 73 74 Mr. John Allen, 1002 Oxford Court, came forward but had no comments to add to the report. 75 76 Mr. Brian Allen, 1642 Carroll Avenue, St. Paul, the contractor, came forward to answer questions 77 from the Commission. 78 79 Commissioner Noonan asked for clarification on the size and location of the solar panels. Mr. 80 Allen noted that the panels would cover less than the 80% maximum roof area as allowed in the 81 ordinance. 82 83 Commissioner Petschel asked if the framing network as the bonding path is the most common 84 method to use. Mr. Allen replied in the affirmative. 85 86 Mr. Brian Allen asked why Ordinance 485 was adopted as needing to go through a conditional use 87 permitting process as it sounds like everything is pretty well spelled out as to what is required for 88 the permit. If all of those things are met he questioned the need to come to the Planning 89 Commission and the City Council to gain approval for a permit when it could be a pretty standard 90 process. Chair Field replied that the City, in its wisdom, decided to handle it in this fashion. 91 page 13 Planner Wall noted that when the ordinance was brought forward that was the policy decision the 92 City Council made. Commissioner Noonan replied that when the ordinance was brought forward 93 it was something the City had no experience with and did not know what the reaction would be 94 from neighbors. Mr. Allen commented that the ordinance is pretty well spelled out and is well 95 written. He encouraged the Planning Commission to pass this information on to the Council to 96 make this a standard permitting process. 97 98 COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER MAGNUSON, TO 99 CLOSE THE PUBLIC HEARING 100 101 AYES: 5 102 NAYS: 0 103 ABSENT: 2 (Roston, Costello) 104 105 COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER HENNES, TO 106 RECOMMEND APPROVAL OF ALL ENERGY SOLAR CONDITIONAL USE PERMIT 107 BASED ON THE FOLLOWING FINDING OF FACT: 108 1. The project is compliant with the applicable City Code requirements. 109 AND WITH THE FOLLOWING CONDITIONS: 110 1. The applicant obtains a building permit prior to installation of the proposed solar energy 111 system. 112 2. If the proposed solar energy system remains nonfunctional or inoperable for a continuous 113 period of twelve (12) months, it shall be deemed to be abandoned and shall be deemed a 114 public nuisance. 115 3. If abandoned, the property owners shall remove the abandoned system, including the entire 116 structure and transmission equipment, at their expense after obtaining a demolition permit. 117 118 Commissioner Magnuson recommended that the application be corrected to include the accurate 119 numbers as to the size of the solar panels and the area of the roof to be covered. Staff agreed to 120 modify the staff report before it goes to the City Council. 121 122 Chair Field noted that this would come before the City Council at their Tuesday, June 7, 2016 123 meeting. 124 125 AYES: 5 126 NAYS: 0 127 ABSENT: 2 (Roston, Costello) 128 129 C) PLANNING CASE #2016-14 130 True North Solar, LLC, 701 Mendota Heights Road 131 Conditional Use Permit 132 133 City Planner Nolan Wall explained that the applicant was requesting a conditional use permit to 134 construct a roof-mounted solar energy system at 701 Mendota Heights Road, which is the ISD -135 197 Friendly Hills Middle School campus. 136 137 page 14 Planner Wall shared an image of the proposed project area location. The requirements and 138 conditions of this application are the same as was covered in the previous application [Planning 139 Case 2016-11]. However, the height of this proposed system would extend 17 inches above the 140 existing roof structure that it is located on; however, it is not the highest point of the roof itself. He 141 then explained how this application meets the requirements and conditions of the applicable 142 conditional use permit standards. 143 144 The Commission had no additional questions for staff. 145 146 Chair Field opened the public hearing. 147 148 Mr. Michael Kampmeyer, 260 Salem Church Road, Sunfish Lake of True North Solar, LLC in 149 Edina came forward but had no additional comments to add to the staff report. 150 151 Commissioner Hennes asked what percentage of the school’s energy needs would be met by 152 installing this solar system. Mr. Kampmeyer replied that he was unsure of the actual number of 153 kilowatt-hours, but it would most likely offset approximately 10%-15%. 154 155 Mr. Jim McLaughlin, 2480 Mendota Heights Circle, asked if the surrounding landscaping would 156 be impacted by the installation of these solar panels. Mr. Kampmeyer replied that the school and 157 thus the solar panel system is set far enough back from the road that no landscaping would be 158 impacted and the trees would be maintained. Mr. Kampmeyer also indicated that there would be 159 no trees removed from around the pond; there are actually no trees to be impacted now or in the 160 future that they can see. 161 162 COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER NOONAN, TO 163 CLOSE THE PUBLIC HEARING 164 165 AYES: 5 166 NAYS: 0 167 ABSENT: 2 (Roston, Costello) 168 169 COMMISSIONER HENNES MOVED, SECONDED BY COMMISSIONER NOONAN, TO 170 RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT BASED ON THE 171 FOLLOWING FINDING OF FACT: 172 1. The project is compliant with the applicable City Code requirements 173 AND WITH THE FOLLOWING CONDITIONS: 174 1. The applicant obtains a building permit prior to installation of the proposed solar energy 175 system. 176 2. If the proposed solar energy system remains nonfunctional or inoperable for a continuous 177 period of twelve (12) months, it shall be deemed to be abandoned and shall be deemed a 178 public nuisance. 179 3. If abandoned, the property owners shall remove the abandoned system, including the entire 180 structure and transmission equipment, at their expense after obtaining a demolition permit. 181 182 183 page 15 AYES: 5 184 NAYS: 0 185 ABSENT: 2 (Roston, Costello) 186 187 Chair Field noted that this would come before the City Council at their Tuesday, June 7, 2016 188 meeting. 189 190 D) PLANNING CASE #2016-12 191 Richard Dugan, 2165 Timmy Street 192 Variance Request 193 194 City Planner Nolan Wall explained that the applicant had submitted an application to reconstruct 195 a deck onto a single-family dwelling, which requires a variance setback from the applicable side-196 yard setback requirements. 197 198 Planner Wall shared an image of the property and described its location, zoning, and future land 199 use designation. 200 201 The previous property owner constructed the existing deck that wraps around the northwest corner 202 of the existing dwelling, into the side and rear yards. Based on the information provided by the 203 applicant, the existing deck is located approximately 2.5 feet from the northern boundary line in 204 the side and rear yard and is non-compliant with the current code requirements of a 10-foot setback 205 standard. Since the deck is proposed to be demolished and reconstructed the applicant was required 206 to seek the appropriate approvals necessary for any proposed encroachments into the required 207 setback areas. 208 209 Planner Wall then shared a site plan provided by the applicant. The applicant indicated that the 210 existing dwelling is located approximately 11 feet from the north property boundary line and it 211 contains a patio door that opens into the side yard to access that portion of the deck extending into 212 the rear yard. The existing deck does extend 8.5 feet from the dwelling into the side yard. The 213 proposed deck would extend 4 feet into the side yard for a length of 35 feet, which would require 214 a 3-foot variance. 215 216 Planner Wall then shared the standards of review and explained how this application meets those 217 standards. He also shared a recommended site plan to propose a different option for the 218 Commission’s consideration as staff contended that the portion of the proposed deck that 219 encroaches into the side yard setback – the four foot walkway to access the rear yard – could be 220 further reduced and that no variance is justified for the proposed deck that extends off of the west 221 side of the dwelling into the rear yard. 222 223 Staff recommended approval of the revised 2-foot variance request as proposed by staff and shown 224 in the revised site plan included in the packet with conditions. 225 226 Commissioner Hennes requested clarification that the applicant is rebuilding the entire deck area, 227 not just the walkway. Planner Wall confirmed that the entire deck area would be reconstructed. 228 229 page 16 Commissioner Magnuson asked if the applicant is set on a particular size of the deck for square 230 footage purposes and also asked if the deck could be added onto in the opposite direction. Planner 231 Wall replied that as long as the applicant stays within the existing footprint they can come as far 232 in the opposite direction as they wanted to. 233 234 Commissioner Noonan asked if the original deck had a variance granted. Planner Wall noted that 235 staff was unable to find any record of a variance or permit granted for the existing deck. The house 236 was constructed in 1976 and the circumstances of the construction are unknown. 237 238 Chair Field opened the public hearing. 239 240 Mr. Richard Dugan, 2165 Timmy Street, came forward and explained that the deck was already in 241 existence when he purchased the home in 1987. He would like to rebuild the deck and stay within 242 the 10-foot setback; however, he feels that a three-foot walkway would look like an add-on 243 aesthetically. He is already giving up four or five feet and would like to keep as much of the 244 remaining as possible. A four-foot walkway would be more aesthetically-appealing. 245 246 Commissioner Hennes asked, beyond the issue of the walkway, how the applicant feels about 247 losing the portion of the larger deck area as proposed by staff. Mr. Dugan replied that he would 248 like to keep as much of the deck as possible but is willing to do whatever he has to do. He also 249 noted that he couldn’t add onto the opposite side as there is a patio there; however, he could 250 probably add a little bit to the west but that remains to be seen. 251 252 Commissioner Noonan asked the applicant to share how he uses the walkway between the side 253 door and the deck. Mr. Duggan replied that the access to the walkway is from the kitchen and 254 some furniture is stored there and when gatherings take place on the deck guests gather around on 255 that side. Basically it is usable space the way it is currently; however, even at four feet wide as he 256 proposed it could still be usable space to put furniture. Commissioner Noonan also asked for 257 confirmation that the proposal is to reduce that portion from eight feet to four feet in width. Mr. 258 Duggan confirmed that this was the case. 259 260 Commissioner Hennes asked where the other entrance to the deck [marked patio door on the plan] 261 opens up from. Mr. Dugan answered that it is from the dining room. Most guests prefer going 262 through the kitchen door rather than the dining room because of the location of the dining room 263 table. He also noted that the kitchen door opening onto a three-foot wide walkway would make 264 for a tight fit. 265 266 COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER PETSCHEL, TO 267 CLOSE THE PUBLIC HEARING 268 269 AYES: 5 270 NAYS: 0 271 ABSENT: 2 (Roston, Costello) 272 273 COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER HENNES, TO 274 RECOMMEND APPROVAL OF A THREE-FOOT VARIANCE REQUEST TO ALLOW 275 page 17 CONSTRUCTION OF A FOUR-FOOT WALKWAY FROM THE EXISTING PATIO DOOR 276 TO ACCESS THE SIDE YARD AND COMPLIANT PORTION OF THE PROPOSED DECK 277 IN THE REAR YARD BASED ON THE FOLLOWING FINDINGS OF FACT: 278 1. Construction of the proposed deck/walkway within the required setback to access the side 279 yard and compliant deck structure in the rear yard, through an existing above-grade patio 280 door, is a reasonable use of the property and meets the purpose and intent of the City Code 281 and Comprehensive Plan. 282 2. Due to the subject parcel’s existing conditions, a practical difficulty is demonstrated in 283 order to construct a walkway/landing within the required side yard setback to access a 284 compliant deck structure from within the existing dwelling and provide safe access to the 285 side yard. 286 3. As proposed, the request would significantly reduce the existing encroachment and would 287 not allow for useable deck space in the side yard or negatively impact the essential 288 character of the neighborhood. 289 AND WITH THE FOLLOWING CONDITION: 290 1. The proposed encroachment shall extend no further than four feet from the northwest 291 corner of the existing dwelling to provide access to the compliant portion of the proposed 292 deck in the rear yard. 293 2. Within one year of approval by the City Council, the applicant shall obtain a building 294 permit for construction of the deck. 295 296 Councilmember Noonan noted that he moved for the four-foot walkway is that it maintains the 297 elbow-room necessary for the kitchen door and provide for that passage. Most importantly, it 298 lessens an existing encroachment significantly and improves the situation while still providing the 299 functionality that has existed for 30-plus years. 300 301 Councilmember Petschel noted that a typical three-foot hallway has the access doors from the 302 rooms opening into the rooms and not into the hallway. The door swing is an important 303 consideration. 304 305 Planner Wall clarified his understanding was that the motion for consideration for the proposed 4-306 foot-wide walkway included staff’s recommendation that the encroachment only extend beyond 307 the corner of the house to access the rear yard deck, which would be constructed in conformance 308 with the setback requirements. Planner Wall also recommended the corresponding proposed 309 condition be revised. Commissioner Noonan affirmed staff’s understanding of the motion and 310 recommended revised condition. 311 312 AYES: 5 313 NAYS: 0 314 ABSENT: 2 (Roston, Costello) 315 316 Chair Field noted that this would come before the City Council at their Tuesday, June 7, 2016 317 meeting. 318 319 320 321 page 18 E) PLANNING CASE #2016-13 322 Scott and Nancy Knowlton/John Steenberg, 810/804 Ridge Place 323 Lot Split and Variance 324 325 City Planner Nolan Wall explained that the applicants were seeking approval to subdivide an 326 undeveloped portion of 810 Ridge Place to be combined with 804 Ridge Place. A lot split requires 327 City Council approval before being recorded by Dakota County. In addition, a variance is 328 necessary to create a parcel that is non-conforming to the required minimum lot width standard for 329 the applicable zoning district. 330 331 Planner Wall shared an image of the properties and described their location, zoning, and future 332 land use designation. 333 334 Currently, the property at 810 Ridge Place is 3.81 acres and the property at 804 Ridge Place is 4.81 335 acres. Planner Wall then shared an aerial view of the properties noting the location of the existing 336 dwellings. A copy of the survey was included in the Commission packet. 337 338 The property owners of 810 Ridge Place (Lot 6 on the survey) requested approval of a split of 339 1.95-acre parcel to sell to the property owner at 804 Ridge Place (Lot 7 on the survey). The subject 340 parcels would maintain the existing side yard setbacks along the interior lot line as well as the 341 existing lot widths on Ridge Place. Since the entirety of the existing lot line was not being adjusted, 342 the proposal was considered a lot split and not a lot line adjustment. If approved, the property in 343 question would be combined into Lot 7 and it would not intend to be developed at this time. 344 345 The City Code allows the subdivision of parcels provided that the resulting lots are compliant with 346 the requirements in applicable zoning district. In this case, the proposed lot split has no frontage 347 or a dedicated right-of-way and does create a temporary non-conformity with the R-1 district’s 348 minimum lot standards. The existing lot sizes and widths of the parent parcels would remain 349 compliant with the applicable standards. In order to ensure the non-conformity created by the 350 proposed lot split is eliminated within a reasonable amount of time, a condition of approval has 351 been included that requires the private property owner to combine and dissolve the property in 352 question into Lot 7 by October 31, 2016. 353 354 Specific to the variance request, Planner Wall shared the standards of review and explained how 355 this application meets those standards. 356 357 Chair Field asked what recourse the City would have if the condition stipulated that the property 358 owner be required to combine and dissolve the property no later than October 31, 2016 is not met. 359 Planner Wall replied that staff would follow-up to ensure that this is done in compliance with any 360 conditions that would be approved. However, if the Commission wished, staff could follow-up 361 with the City Attorney to have some kind of bond issued in association with the condition. 362 363 Commissioner Hennes asked for clarification on the purpose of this lot split, as it was his 364 understanding that the purchaser wishes to look out upon his backyard rather than the neighbor’s 365 back yard even though it all looks the same. Planner Wall replied that essentially that is the nature 366 of the request but he would defer to the applicant. 367 page 19 Commissioner Noonan suggested that an indication be provided to the County Registrar that a 368 deed would not be recorded until the combination and dissolution takes place concurrently. 369 370 Mr. Scott Knowlton, 810 Ridge Place, - the seller, came forward but had no additional comments 371 to add to the staff report. 372 373 Mr. John Steenberg, 804 Ridge Place, - the buyer, came forward and addressed the question raised 374 by Commissioner Noonan by replying that he has a big window overlooking the backyard. 375 Currently the view is great but he has no idea who would be living next door in the future and does 376 not wish to take the chance on that new neighbor putting in a fence and thereby obstructing his 377 view. He is just trying to head off a potential problem and retain the land he recreated on as a nine-378 year-old boy back in 1961 when his dad built the house. 379 380 When asked, Mr. Steenberg stated that he would have no problem with the stipulation that a deed 381 would not be recorded until such time as the lot lines are dissolved and recombined. 382 383 Additional discussions occurred with Mr. Steenberg and Mr. Knowlton as to the timing of the deed 384 being recorded as Mr. Knowlton would like to sell his home sooner rather than later as he is now 385 retired and would be moving. However, Mr. Steenberg would rather wait to have the deed 386 recorded after October 15 due to the timing of his real estate tax payment. 387 388 Mr. John Steenberg, 804 Ridge Place returned and, in regards to Condition #2 [The applicants 389 shall dedicate the required drainage and utility easements along the new interior side lot line, as 390 shown on the Certificate of Survey included in the application materials, with Dakota County], 391 commented that the first 162 feet of that diagonal is just immediately south of Ridge Place and is 392 part of the original line. That was platted in 1957 and all of the utilities are in there; everything is 393 in the street of Ridge Place and Wachlter and the 66-foot easement on Wachtler towards Highway 394 110. He has no problem with the drainage easement concept as everything is draining right now. 395 However, there are three mature oak trees within the 10-foot right-of-way in that front 162 feet. 396 He would hate to see those trees removed for any kind of an easement. Public Works Director/City 397 Engineer John Mazzitello replied that this easement is required by City Code as a requirement for 398 any new lot line being established and is a very common practice throughout the State when 399 properties are platted. However, it does not mean that there would be any activity down the 400 easement. Mr. Steenberg requested that if the time comes and the trees would be removed that 401 further discussion be had at the City Council level. 402 403 Chair Field opened the public hearing. 404 405 COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER HENNES, TO 406 CLOSE THE PUBLIC HEARING 407 408 AYES: 5 409 NAYS: 0 410 ABSENT: 2 (Roston, Costello) 411 412 page 20 COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER NOONAN, TO 413 RECOMMEND APPROVAL OF THE SUBDIVISION AND VARIANCE REQUESTS, BASED 414 ON THE FOLLOWING FINDINGS OF FACT: 415 1. The proposed subdivision request meets the purpose and intent of the City Code and is 416 consistent with the Comprehensive Plan. 417 2. The property in-question is not proposed to be split in order to create an additional 418 buildable lot. 419 3. The temporary non-conformity created by the proposed subdivision will be eliminated once 420 the property in-question is combined and dissolved by the property owner of Lot 7. 421 4. The proposed subdivision ensures that Lot 7 has ownership of the existing view-shed, 422 without constraining potential future improvements into the rear and side yards on Lot 6. 423 5. The proposed subdivision will have no visual impacts on the existing conditions of either 424 property and the new interior side lot line configuration will provide an alignment that is 425 consistent with the parcels to the north along Ridge Place. 426 6. Approval of the requests will not negatively impact the essential character of the 427 neighborhood. 428 AND WITH THE FOLLOWING CONDITIONS: 429 1. Upon closing on the sale of the property in-question, and no later than October 31, 2016, 430 the property owner shall be required to combine and dissolve the property into Lot 7 (804 431 Ridge Place). 432 2. The applicants shall dedicate the required drainage and utility easements along the new 433 interior side lot line, as shown on the Certificate of Survey included in the application 434 materials, with Dakota County. 435 AND WITH THE FOLLOWING RECOMMENDATION: 436 1. The City Attorney to give an opinion as to what recourse may be available if the lot lines 437 are not dissolved and incorporated into the property in the time allocated in Condition #1. 438 439 AYES: 5 440 NAYS: 0 441 ABSENT: 2 (Roston, Costello) 442 443 Chair Field noted that this would come before the City Council at their Tuesday, June 7, 2016 444 meeting. 445 446 F) PLANNING CASE #2016-15 447 Michael Hayes, 2305 Apache Street 448 Variance Request 449 450 City Planner Nolan Wall explained that the applicant was seeking to demolish and reconstruct an 451 addition to an existing single-family dwelling and requires a variance from the side yard setback 452 requirements in the R-1 zoning district. 453 454 Planner Wall shared an image of the property and described its location, zoning, and future land 455 use designation. A previous property owner constructed an addition onto the back of the garage, 456 which is to the side of the house near the southern property boundary line, which functions as the 457 side yard. The applicant has submitted a building permit application to demolish and reconstruct 458 page 21 that addition, which is 98 square feet, to accommodate a wheelchair access ramp into the dwelling 459 from the garage. 460 461 The existing attached garage does encroach 5.2 feet into the required side yard setback area; 462 however, no exterior improvements are being proposed or included as part of this project. The 463 proposed addition is to be reconstructed within the same footprint as the existing condition and 464 would encroach approximately 1.6 feet into the side yard and requires a variance. That 1.6 feet is 465 the greatest extent that it would encroach. Since the nonconforming condition is proposed to be 466 demolished and reconstructed the applicant is then required to seek the appropriate approvals 467 necessary for any proposed encroachment. 468 469 Planner Wall then reviewed the three standards of approval for a variance and explained how this 470 request meets those standards. 471 472 Mr. Michael Hayes, 2305 Apache Street, came forward and answered the question raised earlier 473 by stating that the area to be demolished is currently a tool room that they would be reconstructing 474 as an entryway for the wheelchair. He also noted that he purchased the property in July 2015 and 475 has no information on the original construction. 476 477 Chair Field opened the public hearing. 478 479 COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER PETSCHEL, TO 480 CLOSE THE PUBLIC HEARING 481 482 AYES: 5 483 NAYS: 0 484 ABSENT: 2 (Roston, Costello) 485 486 COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER PETSCHEL, 487 TO RECOMMEND APPROVAL OF PLANNING CASE 2016-15 BASED ON THE 488 FOLLOWING FINDINGS OF FACT: 489 1. Reconstruction of an addition onto the existing single-family dwelling is a reasonable use 490 of the property and consistent with the Comprehensive Plan. 491 2. The existing encroachment will not be expanded and the improvements are necessary to 492 reconstruct the addition in compliance with applicable code requirements. 493 3. Only a small portion of the existing addition is non-compliant with the 10-foot setback and 494 encroaches less than the existing attached garage. 495 4. Reconstruction of the addition in compliance with the setback requirements requires the 496 wheelchair ramp be moved inside the garage and does not allow adequate parking space 497 for a wheelchair-accessible vehicle. 498 5. The existing conditions were not created by the applicant and demonstrate a practical 499 difficulty in meeting the required setback in order to reconstruct the existing addition in 500 compliance with applicable codes. 501 6. The reconstructed addition’s roofline will now match the existing attached garage’s and 502 the wheelchair ramp will not be visible from outside the dwelling with the garage door 503 closed, which will not alter the essential character of the neighborhood. 504 page 22 AND WITH THE FOLLOWING CONDITIONS: 505 1. The proposed encroachment for the reconstructed addition shall not extend further than the 506 existing condition, as shown on the survey included in the application submittal. 507 2. Within one year of approval by the City Council, the applicant shall obtain a building 508 permit for construction of the proposed addition. 509 510 AYES: 5 511 NAYS: 0 512 ABSENT: 2 (Roston, Costello) 513 514 Chair Field noted that this would come before the City Council at their Tuesday, June 7, 2016 515 meeting. 516 517 G) PLANNING CASE #2016-17 518 Derwin Weightlifting, LLC, 2535 Pilot Knob Road 519 Conditional Use Permit 520 521 City Planner Nolan Wall explained that the applicant was seeking a conditional use permit to locate 522 a weightlifting training facility and vacant space within an existing multi-tenant building at 2535 523 Pilot Knob Road. City Code does allow commercial recreation uses by Conditional Use Permit in 524 the Industrial District. 525 526 Planner Wall shared an image of the property and described its location, zoning, and future land 527 use designation. Derwin Weightlifting, LLC provides weightlifting coaching and training for 528 athletes at various skill levels. They proposed to occupy approximately 1,400 square feet within 529 approximately 2,700 square feet of existing space next to Mendota Crossfit. Mendota Crossfit is 530 planning an expansion in to the remaining existing space and they have indicated that they do plan 531 to have some crossover training between those businesses. 532 533 The applicant suggested limited weekday operations from 5:00 p.m. to 8:00 p.m. and their 534 weekend hours have yet to be determined. Attendance has been indicated to vary from 10 to 15 535 people at a time. 536 537 Planner Wall shared the use amendments made to the ordinance earlier this year and explained 538 how this application would meet those use requirements. He also explained the standards of review 539 for a conditional use permit and how this application meets those standards. 540 541 Staff did propose to add a similar condition to that in-place for Mendota Crossfit, which limits 542 hours of operation from 5:00 a.m. to 12:00 a.m. 543 544 Mr. Brian Derwin, Owner of Derwin Weightlifting, LLC, 8035 Upper 145th St. W., Apple Valley 545 came forward but had no additional comments to add to the staff report. 546 547 Chair Field opened the public hearing. 548 549 page 23 COMMISSIONER HENNES MOVED, SECONDED BY COMMISSIONER PETSCHEL, TO 550 CLOSE THE PUBLIC HEARING 551 552 AYES: 5 553 NAYS: 0 554 ABSENT: 2 (Roston, Costello) 555 556 COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER NOONAN, TO 557 RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT BASED ON THE 558 FOLLOWING FINDING OF FACT: 559 1. The proposed use is compliant with the applicable City Code requirements and the use is 560 consistent with the Comprehensive Plan. 561 AND WITH THE FOLLOWING CONDITIONS: 562 1. All training and associated activities shall be conducted entirely within an enclosed 563 building. 564 2. Outdoor storage and display of materials is prohibited. 565 3. A sign permit shall be required prior to installation of any additional tenant signage on the 566 subject parcel/building. 567 4. A building permit shall be required prior to any applicable demolition or build-out of the 568 proposed tenant space. 569 5. The hours of operation will be limited to 5:00 a.m. to 12:00 a.m. 570 571 AYES: 5 572 NAYS: 0 573 ABSENT: 2 (Roston, Costello) 574 575 Chair Field noted that this would come before the City Council at their Tuesday, June 7, 2016 576 meeting. 577 578 Verbal Review 579 580 Planner Wall gave the following verbal review: 581 582 PLANNING CASE #2016-08 583 Evergreen Knolls 4th Addition, Preliminary and Final Plat 584 • Approved by the City Council as recommended by the Planning Commission 585 586 PLANNING CASE #2016-09 587 City of Mendota Heights, City Code Amendments concerning the aircraft noise attenuation 588 ordinance 589 • Approved by the City Council as recommended by the Planning Commission 590 591 PLANNING CASE #2016-10 592 Administrative Wetlands Permit for a fence at 605 Hampshire Drive 593 • Approved by staff in compliance with the applicable codes 594 595 page 24 PLANNING CASE #2016-18 596 Critical Area Permit for replacement of an accessory structure at 1081 Douglas Drive 597 598 The ordinance does allow for certain minor developments to be exempt from certain standards 599 within the critical area regulations, one of which being a public hearing before the Planning 600 Commission for minor development or minor improvements, which this qualified as. Therefore, 601 this application was taken directly to the City Council 602 • Approved by City Council 603 604 Staff Announcements 605 606 • In regards to the DNR’s Mississippi River Corridor Critical Area rulemaking process, the 607 DNR is holding open houses. They have reached a point where they have a draft document 608 that looks much like what was reviewed by the Commission approximately one year ago. 609 The open houses are scheduled for June 14 at 4:30 p.m. in Hastings; June 15 at 4:30 p.m. 610 in Anoka; and June 16 at 10:00 a.m. in Minneapolis. Additional information can be found 611 on the DNR’s website. Residents living in the Critical Area were encouraged to seek out 612 additional information on how this would impact their properties. 613 • The Annual Clean-up Day was held on Saturday, May 7 with perfect weather. 373 vehicles 614 came through, which is the highest participation recorded. Still waiting for numbers to be 615 received as to how much material was collected. 616 • Saturday, June 4 is the Annual Park Celebration at Mendakota Park, preceded by the 617 Mendota Heights 5K. If not open already, registration will be open next week. 618 • 2016 Road Reconstruction Project will be in full swing by the time the Commission meets 619 in June. This project includes the reconstruction of Mendota Road, the frontage road off 620 of Highway 110 on the north side, between Oak Street and Delaware. Along with that the 621 pavement in the Warrior Drive subdivision will be rehabilitated. 622 • Dodd Road Corridor Study is underway. 623 624 Adjournment 625 626 COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER PETSCHEL, 627 TO ADJOURN THE MEETING AT 8:50 P.M. 628 629 AYES: 5 630 NAYS: 0 631 ABSENT: 2 (Roston, Costello) 632 633 page 25 REQUEST FOR COUNCIL ACTION DATE: June 7, 2016 TO: Mayor, City Council, and City Administrator FROM: John R. Mazzitello, PE, PMP, MBA - Public Works Director/City Engineer SUBJECT: Updated Snow Plow Policy COMMENT: INTRODUCTION Council is asked to review the attached draft Snow Plow Policy, discuss, and provide comments and direction to staff. If acceptable, the Policy would be brought forward to Council for formal adoption at an upcoming regularly scheduled meeting. BACKGROUND The last revision to the City’s Snow Plow Policy took place in 2006. Since it has been nearly 10 years since that adoption, staff believes a review of the policy is warranted. The attached draft Snow Plow Policy remains largely consistent with the previous policy and past practices. There are, however, some changes in the policy worthy of note: 1. IV-D-5 – Snow Plowing Procedures: Plow operators are not to clear private driveways or private parking lots under the draft policy. However, in the past, in order to be responsive to individuals who had requested additional assistance (often due to health or physical limitations) it was not uncommon for snow plow support crews (pick-up trucks) to clear winds rows left by the larger plows from driveway aprons for a limited number of property owners (perhaps 50-60 city-wide) who had made that request. The past several winters we have received complaints about the inconsistencies of this practice, and are seeking to address those concerns. In addition, we recently replaced our plow blades, and the new blades are gouging driveway aprons, causing repairs to be done by the City. 2. XI-C – Property Damage: Consistent with past practice, mailbox replacement policy is being added to the Snow Plow Policy. Under the draft policy, if a mailbox is damaged by being struck by a plow, the City will repair or replace the mailbox. If the homeowner wishes to make repairs/replacement themselves, the City would reimburse the property owner up to $50 for a new post and $50 for a new mailbox. Mailboxes not installed in accordance with City and US Postal Service standards would not be eligible for reimbursement. 3. XI-D – Property Damage: Objects in the Right-of-Way (lights, landscape boulders, monuments, etc.), without prior permission from the City, that are struck by a snow plow would not be the responsibility of the City to repair/replace. Damage to the snow plow, or other City equipment from striking an object in the Right-of-Way may be the page 26 responsibility of the property owner to repair/replace. Obstructions in the Right-of-Way are already prohibited by City Code Title 8, Chapter 2. BUDGET IMPACT No budget impacts are anticipated as a result of adopting this policy. RECOMMENDATION Staff recommends City Council adopt the attached Snow Plow Policy. This action requires a simple majority vote. page 27 CITY OF MENDOTA HEIGHTS SNOW PLOWING POLICY May 24, 2016 I. INTRODUCTION The City of Mendota Heights shall remove snow and ice in accordance with the provision set for the in this policy. II. OBJECTIVE It is the goal of the City of Mendota Heights to restore mobility to the City as quickly as possible under all snowfall events. III. INITIATING SNOW AND/OR ICE CONTROL OPERATIONS A. Snow Emergency will be declared when a minimum of two (2) inches of snow is received or if there is a high probability of a two (2) inch or greater snowfall; snow emergency is to remain in effect until streets have been plowed full-width (curb-to- curb). B. Snow removal of two (2) inches or more will begin as soon as possible after the snowfall ends, or as otherwise determined by the Public Works Superintendent or the Public Works Director. C. When snow accumulations reach two (2) inches or more and the snow has not stopped, snow removal operations will begin when appropriate and practical with the objective to get City main roads cleared and treated for safe travel before the morning rush hour traffic begins. D. Drifting snow may initiate snow removal operations if the drifts are causing a problem for travel. E. Removal of extraordinary snowfalls will be conducted in such a fashion as to restore City mobility as soon as possible F. Conditions may necessitate initiation of ice control operations if ice buildup is adversely affecting travel G. Initiation may take place based on timing of snowfall in relation to peak hour traffic times in the City. IV. SNOW PLOWING PROCEDURES The objective of snow plowing is to do so in such a manner as to minimize any traffic obstructions; in general, in order to attain this objective, the following procedures will be implemented as part of the City’s snow removal operations: A. Streets: 1. On standard residential streets, the snow will be removed by two (2) passes of the snow plows in each direction. page 28 2. On collector streets where the pavement is wider than standard residential streets, the center of the roadway will be plowed first. Remaining snow will then be pushed from left to right. Snow discharges shall go onto the boulevard area of the street Right-of-Way. 3. When a plow vehicle travels across a bridge, the driver shall slow down to prevent snow from going over the bridge guards if at all possible. 4. In times of unusually heavy snowfall, streets will not always be able to be immediately and completely cleared of snow. 5. Plowing of cul-de-sacs will start at approximately the same time as through streets, and will be completed along with the through streets to the maximum extent practical within established plowing priorities. 6. Snow plow routes will be determined for each area of the City based on timing and efficiency; routes will be reviewed on an annual basis. B. Street Boulevards: Winging boulevard snow accumulations will occur as follows: 1. Winging will not be performed on street boulevards unless the snow depth has accumulated in excess of four (4) feet above the street grade. 2. Winging will be performed in a manner so as to reduce the berm at curbside to a heights approximately 2.5 feet above the street grade, and not greater than approximately six (6) feet from the edge of the paved street into the boulevard. 3. Winging operations will be conducted within the operators’ best efforts to avoid damaging boulevard areas including visible or properly marked landscaping, turf, or other private property properly licensed and located within the boulevard. 4. In accordance with Mendota Heights City Code Title 8, Chapter 2, encroachments and obstructions within the City Right-of-Way are prohibited. Any such objects or landscaping located within City Right-of-Way not properly marked, and not properly permitted or exempted, will not be repaired or replaced by the City if damaged during snow/ice removal operations. Damage to City equipment from such encroachments and obstructions may become the adjacent property owners’ responsibility for repair and/or replacement. 5. To maintain adequate visibility and site distance, snow depth at intersections should not exceed approximately 3.5 feet in height above the street grade. Corners should be cleared back to a depth of approximately 2.5 feet for a distance of 30 feet along the curb line. C. Trails: 1. City Trails will be cleared in a similar manner as the streets are cleared; and, when resources allow, will be cleared at the same time as the streets. When resources are not available, the streets shall take priority. 2. Trails will be cleared in the same plow areas as the streets with schools, places of worship, and other public gathering places taking priority within each designated plow area. 3. Parking lots in parks are to be cleared after completion of the trail network unless the parking lot is directly connected to a trail. page 29 D. Operator Instructions: 1. In general, operations will avoid the following: a. Jumping of curbs while turning corners b. Plowing beyond the paved surface except when performing winging operations. c. Pushing or dumping snow in private driveways, except for the wind row berm that collects from normal plowing operations. d. Pushing or dumping snow on fire hydrants or other public safety apparatus, except for the wind row berm that collects from normal plowing operations. 2. Any damage to private or public property (Fire hydrants, landscaping, mailboxes, fences, etc.) is to be reported to the Public Works Superintendent, or other designated supervisor. 3. Drivers are to exercise care when entering intersections and while engaged in snow and ice control operations. 4. Drivers are to wear seat belts at all times as required by law, and shall abide by the provisions of the City of Mendota Heights Vehicle Use Policy 5. Operators are not to clear private driveways or parking lots (including wind row berms) under any circumstances. V. SNOW STOCKPILE REMOVAL The Public Works Director, Public Works Superintendent, or Road & Bridge Lead- person will determine when snow will be removed by truck from any given area. Such snow removal will occur in areas where there is no more room on the boulevard for snow storage and in areas where accumulated piles of snow create hazardous conditions as determined by the individuals listed above. Snow removal operations will not commence until other snow plowing operations have been completed. Snow removal operations may also be delayed depending on weather conditions, personnel, and budget availability. The snow will be removed and hauled to a pre-designated snow storage area. The snow storage area will be located so as to minimize environmental impacts. VI. PRIORITIES & SCHEDULE The City has classified City streets based on the street function, traffic volume, connectivity, and importance to the mobility and welfare of the overall community. Those streets classified as “snow plow routes” will be plowed first. These higher volume streets, which connect major sections of the City, provide access for emergency fire, police, and medical services. Plow routes and priorities will be reviewed on an annual basis. Generally, the streets listed below will be plowed first: A. Plow Routes South of Highway 110 (East) Mendota Heights Road Decorah Avenue Huber Drive South Plaza Drive Lake Drive page 30 B. Plow Routes South of Highway 110 (West) Mendota Heights Road Northland Drive Lemay Lake Road Center Point Curve Wagon Wheel Trail Pilot Knob Road (North of Highway 13) C. Plow Routes North of Highway 110 (Central Area) Marie Avenue Victoria Road Victoria Curve Douglas Road Warrior Drive Market Street Mendota Road (Highway 110 Frontage Road) D. Plow Routes North of Highway 110 (North Area) Chippewa Avenue Sylvandale Road Emerson Avenue Maple Park Drive Ivy Falls Avenue Other major roadways in the City are under the jurisdiction of either the State of Minnesota (I-35E, I-494, Highway 55, Highway 13, Highway 110, Dodd Road) or Dakota County (Delaware Avenue, Lexington Avenue, Wentworth Avenue, Wachtler Avenue, Pilot Knob Road – south of Highway 13) and are plowed in accordance with their specific snow and ice removal policies. VII. WORK SCHEDULE In severe snow emergencies, equipment operators may be required to work in excess of their regular work hours. To help ensure safe driving operations for snow removal, operators will take a 15 minute break every two (2) hours with a half-hour meal break after four (4) hours. VIII. WEATHER CONDITIONS Snow and Ice control operations may be delayed or suspended when weather conditions severely jeopardize the safety of City employees and equipment. Factors that may delay snow and ice control operations include severe cold, significant wind, limited visibility, and severely treacherous road conditions. IX. LIMITED USE OF CHEMICAL AGENTS The City will use salt, sand, and other chemicals where hazardous ice and slippery conditions exist. The city is concerned about the effect these substances may have on the environment, and for that reason will attempt to limit their use where possible. page 31 X. SIDEWALKS The City will not remove snow and ice from concrete sidewalks in the City except for those portions of designated trails where concrete was determined to be a better paving surface. Adjacent property owners are responsible, by City Code, to have concrete sidewalks cleared of snow and ice within 24 hours of the end of a snowfall. XI. PROPERTY DAMAGE A. The City accepts responsibility for turn damage to boulevard areas damaged directly by plow blade, wing plow, or other piece of City equipment. Mailboxes, lights, etc. should be installed according to City and other regulatory agency policy and should be installed properly to withstand the impact of snow rolling of the end of a snow plow or wing plow. Repair of damage caused by snow impact is the responsibility of the residents and/or adjoining property owners. B. The City will repair, replace, or reimburse property owners in those instances, with the exception of those listed above, where the City in responsible for damage. The City will have the option of repair, replace, or determine solely at the City’s discretion those instances where the City may reimburse the property owner the cost of materials. Lawns damaged by City equipment will be repaired by sodding or topdressing and seeding to match the existing lawn. Residents are encouraged to assist with lawn repairs. Unless deemed excessive by the Public Works Department, salt damage of lawns will not be repaired by the City. C. Mailboxes damaged by impact from City equipment will be repaired or replaced by the City. If the property owner wishes to replace the mailbox themselves, the City may reimburse the property owner up to $50 for a new post and $50 for a new mailbox. Mailboxes not installed in accordance with the City mailbox installation policy shall not be eligible for reimbursement. D. Physical obstructions (Lights, driveway monuments, landscape boulders, etc.) are not allowed within the City Right-of-Way under Mendota Heights City Code Title 8, Chapter 2. Existing obstructions need to be permitted through the City and properly marked (flagged) so plow drivers can see where the obstructions are. If such an obstruction is struck by a snow plow, wing plow, or other City equipment, the City is under no obligation to repair, replace, or otherwise reimburse the property owner. Damage to City equipment from a Right-of-Way obstruction may be the property owners’ responsibility to reimburse the City for repairs. XII. RESPONSIBILITY OF RESIDENTS/PROPERTY OWNERS Residents and property owners also have certain responsibilities for snow and ice control. These include: A. Clearing of their own driveways (including wind rows deposited by City plows). B. Keeping trash cans at least two (2) feet behind the curb and on their driveway apron. C. Clearing around their mailboxes. D. Clearing around fire hydrants. E. Removal of large piles of snow that obstruct vision into and out of driveways. page 32 F. Clearing of responsible area is to be done so as to not deposit snow into the street or across the Right-of-Way. Snow plowing can cause additional snow to be deposited upon driveway approaches/aprons and around road side obstacles. Operators are instructed to attempt to minimize these instances; however, sometimes snow being deposited in these areas is unavoidable. Residents should be aware they may have to clear their driveways a second time after their street has been plowed once, depending on the snowfall. Repair and/or replacement of bushes and other landscaping material which has been installed within the City’s boulevard Right-of-Way area are the responsibility of the property owner if damage occurs from snow plowing activity. Sand that has been deposited in the boulevard area by plowing operations is also the responsibility of the property owner. XIII. POLICY INFORMATION The snow plowing policy, mailbox installation policy, and on street parking policy will be included on the City’s website and an annual article will be placed in the City’s newsletter, the Heights Highlights. The phone numbers for City Hall and Public Works Garage will be provided. The media will be notified of when the City declares a snow emergency. page 33 REQUEST FOR COUNCIL ACTION DATE: June 7, 2016 TO: Mayor, City Council, and City Administrator FROM: John R. Mazzitello, PE, PMP, MBA - Public Works Director/City Engineer SUBJECT: Ash Tree Management Policy COMMENT: INTRODUCTION Council is asked to review the attached draft Ash Tree Management Policy, discuss, and provide comment and direction to staff. If acceptable, the Policy would be brought forward to Council for formal adoption at an upcoming regularly scheduled meeting. BACKGROUND In the spring of 2015, the Emerald Ash Borer (EAB) was discovered in Mendota Heights. Dakota Count had already been on the quarantine list from the Department of Agriculture (DOA) since 2013 when the EAB was discovered in Lebanon Hills Regional Park in Eagan. In response to the discovery of the EAB, City staff has developed the attached draft Ash Tree Management Policy. The policy maintains past practices with respect to both boulevard trees and park trees. Boulevard ash trees are to be removed as needed, based on health and condition, and are not to be replaced. Park ash trees are to be evaluated on a tree-by-tree. The policy also states that the City will not regulate or manage ash trees on private property, and that these ash trees are the responsibility of property owner. Lastly, the draft policy states that in areas where the City determines replacing a removed ash tree is warranted, that the species of trees planted in any given area have varying speciation. BUDGET IMPACT The tree removal budget in both the Street Division and Park Maintenance Division were increased to $25,000 and $15,000 respectively for the 2016 budget in anticipation of increased removals. The adoption of the Ash Tree Management Policy should not significantly alter the budgeted amounts. RECOMMENDATION Staff recommends City Council adopt the attached Ash Tree Management Policy This action requires a simple majority vote. page 34 CITY OF MENDOTA HEIGHTS ASH TREE MANGEMENT POLICY May 24, 2016 I. INTRODUCTION The City of Mendota Heights has been identified by the Minnesota Department of Agriculture as a municipality where infestation by the Emerald Ash Borer (EAB) is confirmed. II. OBJECTIVE It is the goal of the City of Mendota Heights to maintain the aesthetic appeal of the City, and to provide for safety concerns while addressing ash trees as they become infested. III. ASH TREE INVENTORY ESTABLISHED In August of 2015, The City completed an inventory of ash trees on property which is owned by the City. These include ash trees in developed street Right-of-Way as well as ash trees located within City owned park property. The inventory found more than 600 ash trees on City Rights-of-Way, and an additional approximately 70 ash trees in the City’s parks. IV. ASH TREES IN DEVELOPED CITY RIGHT-OF-WAY (BOULEVARD TREES) To be consistent with past practices for tree removal within developed Right-of- Way (boulevard trees), the City will remove ash trees within the boulevards as they show signs of decline or die for any reason (EAB-related or not). These trees will not be replaced by the City. If adjoining property owners wish to replace the removed tree, they are free to do so by planting a replacement tree on the private side of the Right-of-Way line at their own expense. V. ASH TREES ON CITY OWNED PROPERTY (INCLUDING PARKS) Ash trees located on City owned property (including established parks) will be managed similarly to boulevard trees, except that ash trees located within the City parks will be evaluated for replacement on a tree-by-tree basis. Those trees deemed valuable to the park will be replaced with a non-ash species of tree in accordance with Section VI, as funding permits. VI. SPECIATION DIVERSITY To prevent, or minimize the potential for future spread of disease or parasites among tree species, the City will strive to the maximum extent practicable not to plant trees of the same species within the same City-owned property (including parks). By varying the speciation of trees, it becomes less likely that a parasitic-born disease will migrate from tree to tree and impact all the tree coverage on a given piece of property. page 35 VII. ASH TREES ON PRIVATE PROPERTY The City will not require any actions of residents for the management of privately owned ash trees beyond what is already adopted in City Code. Management of privately owned ash trees shall be considered the same as any other privately owned landscape management. The City will provide contacts and information about ash tree management and the EAB from the Minnesota Department of Agriculture to residents upon request. VIII. POLICY INFORMATION Information regarding the City’s Ash Tree Management Policy will be included on the City’s website. An annual article will be placed in the City’s newsletter, the Heights Highlights. Contact information for the City will be provided. page 36 Request for City Council Action MEETING DATE: June 7, 2016 TO: Mayor and City Council, City Administrator FROM: Dave Dreelan, Assistant Fire Chief SUBJECT: April 2016 Fire Synopsis COMMENT: Fire Calls The department responded to 18 calls for the month. The majority of calls were classified as false alarms or good intent calls. Three of the calls were residential in nature, and four were commercial alarms. There were three EMS calls, one utility check (gas leaks or power lines), two mutual aid calls, two appliance fires, one grass fire, one injury accident and one technical rescue call. Monthly Department Training The members of the department reviewed the tactical considerations and department procedures for grass and brush fires. Firefighters also preplanned areas in which these fires are likely to occur. Monthly Squad Training The squad training for the month was a drill that we call single engine operations. The drill is designed to reinforce all the tactical skills and operations needed that a crew of five firefighters on one engine would have to address should they arrive at a working fire and no other apparatus was expected to arrive for several minutes. This is a hands-on drill where the crews lay a supply line from the hydrant, position the apparatus for the fire attack, and advance the attack line into a structure. page 37 MENDOTA HEIGHTS FIRE DEPARTMENT APRIL 2016 MONTHLY REPORT FIRE CALLS NO. 16047 -16064 NUMBER OF CALLS:18 FIRE ALARMS DISPATCHED:NUMBER STRUCTURE CONTENTS MISC.TOTALS TO DATE ACTUAL FIRES Structure - MH Commercial $0 Structure - MH Residential 1 $8,000 $2,000 $10,000 Structure - Contract Areas $0 Vehicle - MH $0 Vehicle - Contract Areas $0 Grass/Brush/No Value MH Grass/Brush/No Value Contract TOTAL MONTHLY FIRE LOSSES MEDICAL Assist 3 $0 $8,000 Extrication HAZARDOUS SITUATION FIRE LOSS TOTALS MENDOTA HEIGHTS Spills/Leaks Arcing/Shorting ALL FIRES, ALL AREAS (MONTH)$8,000 $10,000 Chemical Power Line Down MEND. HTS. ONLY STRUCT/CONTENTS $8,000 FALSE ALARM Residential Malfunction 1 MEND. HTS. ONLY MISCELLANEOUS $2,000 Commercial Malfunction 1 Unintentional - Commercial 1 MEND. HTS. TOTAL LOSS TO DATE $10,000 Unintentional - Residential 1 Criminal BILLING FOR SERVICES GOOD INTENT Smoke Scare 1 AGENCY THIS MONTH TO DATE Steam Mistaken for Smoke Other 7 MN/DOT $0 MUTUAL AID 2 MILW. RR $0 CNR RR $0 TOTAL CALLS 18 OTHERS: $0 LOCATION OF FIRE ALARMS:TO DATE LAST YEAR TOTALS:$0 $0 MENDOTA HEIGHTS 14 47 64 MENDOTA 0 3 0 FIRE MARSHAL'S TIME FOR MONTH SUNFISH LAKE 0 3 4 LILYDALE 2 6 4 INSPECTIONS 32.5 OTHER 2 5 6 INVESTIGATIONS 0 TOTAL 18 64 78 RE-INSPECTION 0 WORK PERFORMED HOURS TO DATE LAST YEAR MEETINGS 2 FIRE CALLS 343 1021 1374.5 MEETINGS 43 139 131 ADMINISTRATION 18 DRILLS 178.5 682 608 WEEKLY CLEAN-UP 39 159.5 140 SPECIAL PROJECTS 3 SPECIAL ACTIVITY 267.5 834.75 854.5 ADMINISTATIVE 0 0 0 TOTAL 55.5 FIRE MARSHAL 55.5 194.5 166 TOTALS 926.5 3030.75 3274.0 REMARKS:SEE OTHER SIDE FOR SYNOPSIS page 38 FIRE-RESCUE INCIDENT OF INTEREST DATE: April 22, 2016 TIME: 17:28 ADDRESS: 648 Kirchner (originally) (actually the base of Ivy Falls) DETAILS: Mendota Heights Fire (MHFD) was paged to assist HealthEast with removal of a patient who had fallen from a cliff. Police advised us to make entrance via RR tracks at Pool & Yacht. St. Paul Park Rangers arrived with an ATV and took 2 HealthEast medics along the RR tracks. MHFD ATV 10 followed but the crew was forced to abandon the ATV due to the terrain. The crew modified their equipment to rope and rigging equipment, a stokes basket, and continued on foot. All other assembled fire units were advised to relocate to Falls Drive. Upon arrival at the falls, a 16 year old male victim was located with head injuries and lower abdominal injury and was not mobile. The crews were split with two members assisting HealthEast in packaging the victim in the stokes basket and the other two worked with Chief 2 who assisted with rope set-up in conjunction with the additional crews that had been reassigned to Falls Drive due to the steep terrain to get the patient back to the upper area of the falls. In the end, two rope pulley systems were set up to allow for a change in direction and the victim was removed with the combination of firefighter support and rope assistance. First arriving: Engine 11 (S. Goldenstein, J. Taylor, D . Bogg, DJ Goldenstein, M. Winters) R10 (G. Skjerven, J. Mendez, P. Bietz, D. Johnson) U10 (D. Winge, C. Lane, F. Hazzard). Ch 2, B10 (J. Boland, H. Heidelberg, J. Miller) RESPONSE TIME: 11 Minutes MHFD RESPONDING UNITS: ASSISTING AGENCIES: Engine Companies: E-11 EMS: HealthEast Ladder Companies: Red Cross: No Support Units: U10, ATV, Salvation Army: No Rescue Companies: R10 Public Works: No Chief Officers: Ch 2 State FM: No Saint Paul Parks Rangers SECTOR OFFICERS: Goldenstein (Command), Miller (Staging Division). Mendota Height Fire Department 2121 Dodd Rd Mendota Heights, MN 55120 page 39 MEETING DATE: June 7, 2016 TO: Mayor, City Council and City Administrator FROM: Tamara Schutta, Assistant to the City Administrator/HR Coordinator SUBJECT: Personnel Action Items Item 1: Resignation of Accounting Clerk Hristo Galiov, Accounting Clerk has notified us that he has accepted another position. Hristo’s last day of regular employment was June 3, 2016. The City would like to thank Hristo for his contribution and service to the City of Mendota Heights. Over the past 4+ years, Hristo has been a valuable part of the Accounting team and a tremendous asset to the City. We have a deep appreciation of Hristo’s work. City staff recommends the City Council accept Hristo Galiov resignation as regular Accounting Clerk effective June 3, 2016. This action requires a simple majority vote. Item 2: Accounting Clerk Position City staff met to review and discuss the vacant Accounting Clerk Position. The primary functions of the Accounting Clerk position is to perform a variety of duties including accounts payable, payroll, and accounts receivable. Staff is proposing changing the position from full-time to a part-time position (Tuesday/Wednesday/Thursday - 24 hours a week). Staff would review the Accounting Clerk position after six months to evaluate the efficiency of the part-time position. If staff determines the part-time position is at the right staffing levels for the Finance Department, we would explore other staffing alternatives for the remaining .4 time (16 hours). Attached is a copy of a revised Accounting Clerk position description for your review. The Accounting Clerk position is assigned to pay grade 14 on the 2016 Employee Position Placement/Pay Classification Plan. The 2016 pay grade 14 range is $22.55 - $27.13 per hour. City staff recommends that City Council approve revised position description and authorize staff to begin the recruitment process for a part-time Accounting Clerk position to fill the vacancy within the department. The hiring process will begin with an application, testing, interviews and conditional offer. page 40 Item 3: 2016 Parks and Recreation Temporary Seasonal Hires City staff are wrapping up the 2016 Parks and Recreational summer hiring. Conditional job offers were made and background checks competed. Staff is recommending the following individuals for employment for the 2016 summer season: Position Name Rate of Pay Effective Date Par 3 Clubhouse Worker Taylor Spreeman $9.00 June 1, 2016 Recreation Assistant Zoe Lindgren $9.75 June 1, 2016 Recreation Assistant Mauricio Aguirre-Martin $9.75 June 1, 2016 Recreation Assistant Maricella Thelen $9.75 June 1, 2016 BUDGET IMPACT Funding for personnel actions items are provided for in the 2016 budget. RECOMMENDATION Staff recommends that the Mendota Heights City Council approves the action requested above these three items. page 41 CITY OF MENDOTA HEIGHTS TITLE: ACCOUNTING CLERK Part-Time (24 hours) Department: Administration Accountable To: Finance Director Class Code: Non-Exempt Primary Location: City Hall Normal Hours: Tues – Thurs 8:00 a.m. to 4:30 p.m. Date of Last Revision: June 7, 2016 Job Purpose: The part-time Accounting Clerk performs a variety of duties including accounts payable functions, payroll functions, accounts receivable functions and is responsible for entering and providing budget information. The position is also responsible for reconciling, entering and reporting of Par 3 golf course financials; responsible for bank deposits; responsible for monthly, quarterly and yearly financial reporting as directed by Finance Director and performing other miscellaneous accounting functions as required. Duty No. Essential Duties 1. Accounts Payable • Perform accounts payable functions to include coding of invoices, verifying proper authorization, verifying sales tax, verifying payment history, entering invoices into fund accounting system, verifying and posting entries, preparing claims list for system and manual checks, preparing system checks, delivering claims checks once approved and verified, maintaining and updating claims file system. 2. Payroll • Perform payroll functions to include verifying information provided by employees and entering payroll information into system, verifying accuracy of payroll generated, printing of related reports, generate, print, verify and deliver actual payroll checks across all departments and city functions. 3. Accounts Receivable • Perform accounts receivable functions to include preparing invoices, including work orders performed by public works employees, off duty performed by police officers, and generating and monitoring payments with regard to contracts with other local cities, generating automatic payments with systems such as ARI for police fleet service, maintaining accounts receivable reporting system, reconciling and auditing payments across all city departments. 4. Budget • Perform budget functions to include entering annual budget page 42 amounts into system, providing budget information and assistance to departments. 5. Par Three • Perform Par Three financial functions to include reconciling, preparing deposits and maintain reporting system for Par Three revenues. 6. Miscellaneous • Perform commission functions to include maintaining and reporting of commission attendance records and generating payments to commissioners. • Assist with records retention and document imaging. • Provide backup for City Reception Area. Answer phones, direct calls. • Perform other duties and assume other responsibilities as assigned. Minimum Qualifications • High school diploma or equivalent • Associates degree in accounting or related field. An equivalent combination of education and three years of work experience may be considered for this position. Knowledge/Skills/Abilities Required • Fundamentals, principles and practices of public budgeting, finance and accounting. • The ability to establish and maintain effective working relationships with the city council, city staff members, other public agencies and organizations, the citizens of Mendota Heights and the general public. • The ability to exercise independent judgment and discretion in decision making with minimal supervision. • The ability to use word processing, spreadsheet, database and financial system software as part of completing professional responsibilities. • The ability to perform detailed clerical tasks in an accurate, orderly and timely fashion. • The ability to communicate, both written and verbally, and the ability to listen attentively. page 43 Core Competencies of Position • Knowledge of work rules. Develops and maintains a thorough working knowledge of all city and applicable jurisdictional policies and procedures in order to help facilitate compliance with such policies and procedures by all staff members. • Develops respectful, cooperative and productive work relationships with coworkers, including the demonstrated willingness to help newer staff so their respective job responsibilities can be performed with confidence as quickly as possible. • Commitment to customer service. Demonstrates by personal example the service quality and integrity expected from all staff members. Represents Mendota Heights in a professional manner to the general public, employees and to other outside contact/constituencies in a manner that helps maintain and enhance Mendota Heights’ reputation as well managed and citizen oriented. • Communication. Confer regularly with and keep immediate supervisor informed of all important matters pertaining to those functions and job responsibilities for which the employee is accountable. • Productivity and work organization. Demonstrates ability to plan, organize and accomplish work in a timely and efficient manner. • Problem solving and decision making. Exercise good judgment, analytical thinking, and independent thinking as it relates to departmental and city procedures, problems and policy interpretations. • Safety rules and procedures. Develop knowledge of and observe the safety policies and procedures of the city. Perform tasks in a safe and efficient manner while using appropriate safety equipment, clothing and devices. Physical Activities/Requirements Positions in this class typically require: sitting, feeling, manual dexterity, grasping, talking, hearing and seeing. The individual may encounter some travel, unexpected and prolonged workdays and stress and pressures from dealing with emotional issues and conflicts. There is sustained exposure to computer keyboards and video screens. Sedentary work: Exerting up to 20 pounds of force occasionally and/or a negligible amount of force frequently or constantly to lift, carry, push, pull or otherwise move objects. Safety Policy It is the responsibility of every employee of the City of Mendota Heights to know and observe the safety policies and procedures of the city. Each employee is expected to perform their tasks in a safe and efficient manner while using appropriate safety equipment, clothing and devices. page 44 Miscellaneous Information Must satisfactorily pass a criminal background examination. Environmental Conditions-Work is performed in a well lit, well ventilated and temperature controlled office. Noise level is at a minimum. Equipment and Tools-Computer, terminal, peripherals, multi-line telephone, fax machine, calculator, and other basic office machines. The above description is intended to describe the general functions, skills and knowledge of the person assigned to this job. These examples are intended only as illustrative of various types of work performed, and are not all inclusive. The employee may be required to perform other related duties as assigned. The job description is subject to change as the needs of the employer and requirements of the job change. page 45 Request for City Council Action MEETING DATE: June 7, 2016 TO: Mayor and City Council, City Administrator FROM: Mike Aschenbrener, Chief of Police Mark McNeill, City Administrator SUBJECT: Approve Action to Terminate Probationary Police Sergeant COMMENT: Introduction Per Article 9.2 of the 2016 – 2017 Minnesota Public Employees Association, Sergeants Unit labor agreement at any time during the probationary period an employee may be terminated at the sole discretion of the employer. It was determined that it is in the best interest of the City to terminate employment with Robert Lambert effective June 8, 2016. Recommendation City staff recommends the city council approve Robert Lambert’s termination of employment effective June 8, 2016. Action Required Pass a motion to terminate the employment of probationary Police Sergeant Robert Lambert effective June 8, 2016. page 46 Public Statement City of Mendota Heights June 6, 2016 The action on the City Council agenda regarding the status of Bobby Lambert is not something that the City Council or administration takes lightly. It takes no pleasure in considering serious discipline of an employee. Following an extensive promotional process which included members of the community, City Council, Planning Commission, and law enforcement personnel, Officer Lambert was promoted to the position of sergeant in June, 2015, with the hope and expectation that he would be a good candidate to serve in that supervisor position. However, earlier this year an outside complaint was made against Sgt. Lambert. Following standard City protocol for situations of this magnitude, this complaint was investigated by an outside, independent agency. The results of that investigation have been reviewed, and considered by the City Administrator, Police Chief, legal counsel, and City Council. In addition, the outcome of the investigation has been shared with Mr. Lambert and his union's legal counsel. Minnesota's data privacy laws strictly prohibit what the City is permitted to disclose at this time. We are committed to complying with those requirements, even though members of the community might desire information. As such, the City Council cannot respond to or comment on any questions or information which might be put before it tonight, even if there is another side to the story. Depending on what happens after the employee's due process rights are completed, in the future the details of this situation may become a matter of public record. Until that time, however, the City will abide by the requirements of the law and not discuss or comment on this matter. If circumstances permit, the City will then release everything that the law permits it to release. Request for City Council Action MEETING DATE: June 7, 2016 TO: Mayor and City Council, City Administrator FROM: Terry Blum, Public Works Superintendent SUBJECT: Authorization to Replace Friendly Hills Hockey Boards/Fence COMMENT: Introduction The Parks Department would like to replace the hockey boards/Fence at the Friendly Hills hockey rink. Background We have been budgeting for hockey boards/fence replacement the last three years and this would be the last hockey rink in the three year cycle. We replaced the hockey boards/fence in Marie Park in 2014 and Wentworth Park in 2015. Discussion Two bids were received for this work. The bids are: Dakota Unlimited, Rosemount MN $25,638.00 Joe Becker, West St. Paul, MN $31,100.00 Budget Impact In the Capital Improvement Plan the amount included for this project was $25,000. There was $17,000 included in the 2016 Special Parks Fund Budget. The updated number was not adjusted in the 2016 Special Parks Fund Budget. There is a sufficient balance in the Special Park Fund to cover the costs of replacing the hockey boards/fence at Friendly Hills Park. Recommendation Staff recommends that the Mendota Heights City Council approve a purchase order be made out to Dakota Unlimited for their low bid in the amount of $25,638.00 to replace the hockey boards/fence at the Friendly Hills hockey rink. Action Required If the City Council concurs with the recommendation, they should make a motion to approve a purchase order to Dakota Unlimited for their low bid in the amount of $25,638.00 to replace the hockey boards/fence at Friendly Hills hockey rink. This action requires a simple majority vote. page 47 Request for City Council Action MEETING DATE: June 7, 2016 TO: Mayor and City Council, City Administrator FROM: Nolan Wall, AICP – Planner SUBJECT: Resolution Approving an Amendment to a Final Planned Unit Development Plan COMMENT: Introduction The City Code requires City Council approval for any changes to a final development plan as part of an approved planned unit development. United Properties is requesting to revise the previously-approved exterior materials for the proposed office/warehouse building at 1312 Northland Drive. Background As part of Planning Case 2014-06, the City Council approved a preliminary/final plat and conditional use permit to amend a planned unit development (PUD) in March 2014. The project combined two lots for construction of an approximately 97,000-square foot office/warehouse building on 8.3 acres of vacant land on Northland Drive. The proposed use is permitted within the Industrial District, however the PUD amendment required approval of a final development plan. The approved plans included a full plan set, including building elevations. The City Code requires construction to begin within one year after approval of the final development plan. A grading permit was issued and acted on in October 2014, but no other construction has occurred on the site. Based on staff’s interpretation, grading to further an approved final development plan qualifies as construction and no extension was necessary since the action took place within one year of approval. Discussion According to Title 12-1K-6-G-1 of the City Code, City Council approval is required for minor changes to a final development plan: 12-1K-6: PROCEDURE FOR PLANNED UNIT DEVELOPMENT: G. Amendments To Final Development Plan: No changes may be made in the approved final development plan after its approval by the council, except upon application to the council under the procedures provided below: 1. Minor changes in the location, siting, and height of buildings and structures may be authorized by the council if required by engineering or other circumstances not foreseen at the time the final plan was approved. Such approval shall require the affirmative vote of a majority of all members of the council. Building design and materials for B and I Districts are governed by Title 12-1D-13-3 of the City Code: page 48 C. Building Design And Construction: In addition to meeting the other requirements of this chapter and the requirements of the city building code as to structures, all buildings or structures in these districts shall meet the following standards: 1. Exterior Surfaces, Including Roofs: Buildings shall be finished on all sides with permanent finished materials of a quality consistent with the standards set in the district in which it is located. Exterior wall surfaces shall be any one or more of the following: a. Face brick or natural stone. (1) Professionally designed precast concrete units, if the surfaces have been integrally treated with an applied decorative material or texture, or (2) Decorative block, if incorporated in a building design which is compatible with other development throughout the district. b. Factory fabricated and finished metal framed modular panel construction, if the panel materials are any of those listed in subsection C1a of this section, glass, prefinished metal (other than unpainted galvanized iron) or plastic used in accordance with the building code requirements. c. No building exterior shall be constructed of sheet aluminum, asbestos, iron, steel, or corrugated aluminum, unless specifically approved by city council. United Properties is proposing changes to the previously-approved exterior building materials. The major materials consisted of painted precast concrete panels in two colors. The building corners and entries included a combination of glass, rock face block accents, brick and prefinished metal canopies. Each elevation also included three accent bands that wrap around all four elevations. The north and south elevations, visible from roadways, featured the precast corner treatments, windows and accent banding. According to the revised building elevation submitted for review, the proposed changes to the exterior materials appear to meet the minimum ordinance requirements and include the following: 1. Expanded painted precast concrete panels and bands featuring two contrasting colors, which work well to break up the large façade shown on the east elevation (building entrance). 2. Replacement of brick and rock face block with prefabricated/prefinished architectural metal panels on the building corners and entries. At the time of application and approval, the construction of the development was on a speculative basis and not all final tenants were known. In order to accommodate the design interests of an anticipated tenant, United Properties is requesting Council approval of the proposed revisions to the exterior building materials. Staff has been assured that this is the only amendment necessary to the final development plans and that the project conforms to the updated MPCA storm water requirements. If approved, the developer expects to submit building plans later this month and anticipates completion of the building in early 2018. Budget Impact N/A Recommendation Staff recommends the City Council approve RESOLUTION 2016-51 APPROVING AMENDMENTS TO A PLANNED UNIT DEVELOPMENT FINAL DEVELOPMENT PLAN. The resolution includes a condition that an amendment to the previously-executed Development Agreement be drafted to include the revised elevations, for approval by the City Council, prior to issuance of the certificate of occupancy for the building. Action Required This matter requires a simple majority vote. page 49 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2016-51 RESOLUTION APPROVING AMENDMENTS TO A PLANNED UNIT DEVELOPMENT FINAL DEVELOPMENT PLAN WHEREAS, United Properties is seeking approval for an amendment to a planned unit development final development plan and development agreement at 1312 Northland Drive as described in Exhibit A; and WHEREAS, the City Council at their regular meeting on March 4, 2014 approved a conditional use permit to amend a planned unit development, final development plan, preliminary/final plat, and development agreement as in Resolution 2014-14 and proposed in Planning Case 2014-06; and WHEREAS, the proposed amendment to the planned unit development final development plan is considered a minor change by the City Code and can be approved by the City Council; and NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council that the proposed amendment to the planned unit development final development plan is hereby approved with the condition that the developer shall draft an amendment to the previously- executed Development Agreement to be approved by the City Council prior to issuance of the certificate of occupancy for the building. Adopted by the City Council of the City of Mendota Heights this seventh day of June, 2016. CITY COUNCIL CITY OF MENDOTA HEIGHTS _____________________________ Sandra Krebsbach, Mayor ATTEST: ______________________________ Lorri Smith, City Clerk page 50             TO: Nolan Wall, ACIP, Planner – City of Mendota Heights  FROM: Brandon Champeau, Vice President   DATE: June 1, 2016  RE: United Properties’ Office/Warehouse Project – Design Change Request    United Properties is seeking approval for a design change to the office/warehouse project proposed on  our Mendota Technology Center 4th Addition land.  Our project was originally approved in spring 2014  and a developer’s agreement was approved on May 20, 2014.  Our intent was to start construction of  the project in summer 2014, but due to various market factors, decided to hold on construction until a  lead tenant was identified.  We have finally reached that point with a tenant that will be identified soon.   During our negotiations, the tenant requested various changes to the exterior building design.  We  made the requested changes, and took great care to ensure the proposed design changes would comply  with the City’s code requirements.  No other changes are planned to the building size or placement on  the site.  Given the time that has passed since our approval, we also verified that our project still  conforms to the updated MPCA storm water requirements.    We are excited to submit the revised design, and have included the rendering comparison on page 2, in  addition to the enclosed detailed elevation drawings.    If approved, we expect to submit construction drawings for building permit review during the month of  June, with hopes of starting construction in July and completion of the building in early 2018.  page 51     May 2014 Approved Design   Updated Proposed Design    page 52 page 53 Request for City Council Action MEETING DATE: June 7, 2016 TO: Mayor and City Council FROM: Dave Dreelan, Assistant Fire Chief Mark McNeill, City Administrator SUBJECT: Out of State Travel--International Fire Chiefs Conference COMMENT: Introduction The Council is asked to authorize the Assistant Fire Chief to attend an out of state conference in August. Background The International Fire Chief’s Conference is being held in San Antonio, TX this year. The dates are August 17 to 20, 2016. The City’s Travel Authorization and Expense Reimbursement Policy requires that all out-of-state conferences, seminars, workshops, training or other education related expenses must be approved in advance by the City Council at an open meeting and must include an estimate of the cost of the travel. Discussion This conference was budgeted for in 2016, and authorization is being requested for Dave Dreelan, Assistant Fire Chief to attend. There are many good instructional sessions, as well as opportunities to see the latest state of the art technologies, and to network with other fire chiefs. Budget Impact The cost of the registration for the conference is $625, the hotel is estimated to cost $700, and the cost of airfare is $385, meals for the three days would be $192 (based on GSA estimated per diems). The total, therefore, is $1902. There is money in the budget for this conference. Recommendation The City Administrator recommends that the Mendota Heights City Council approve the out-of- state travel for the Fire Chief’s Conference in San Antonio, TX. Action Required If Council agrees with the recommendation, it should approve the out-of-state travel for Dave Dreelan to the Fire Chief’s Conference in San Antonio, TX. page 54 Request for City Council Action MEETING DATE: June 7, 2016 TO: Mayor and City Council, City Administrator FROM: Mike Aschenbrener, Chief of Police SUBJECT: Authorization to Purchase Used Community Service Officer Squad COMMENT: Introduction The Council is asked to authorize the purchase of a vehicle for use by the proposed Community Service Officer, and direct other related vehicle actions. Background During the April 19 and May 24 City Council workshop sessions, the McGrath Consulting study presented the concept of hiring a Community Service Officer as a non-sworn addition to the police department. The Council directed staff to bring this item forward. There were two options to provide the necessary equipment for this position, and the Council provided direction to purchase the used 2012 squad currently leased by the City from the State of Minnesota Travel Management Division. In May of 2015, the State estimated the purchase price of the squad would be $15,000; however, due to market conditions, the purchase price will actually be $17,950. The equipment owned by the City will be left in the car, and new equipment will be purchased for the squad that was ordered to replace the 2012 in the department fleet. The cost of the lights, police radio, partitions, plastic seats, rocket utilities, graphics and computer docking station is estimated at $10,000 all items will be purchased at State Contract pricing. With the purchase of the used 2012 the recommendation is to sell at auction the used 2008 Ford Crown Victoria once all parts have been swapped. Recommendation Staff recommends that the Council authorize purchasing the used squad from the State for $17,950 and to order new equipment at state contract pricing for the 2016 squad. Budget Impact The purchase price of the used squad is $17,950. As a non-primary use police vehicle it will be placed on a 7 year replacement cycle. The parts to outfit the 2016 police squad are estimated at page 55 $10,000; these would have been recycled from the 2012 to the 2016. This cost can also be offset by the auction of the 2008 Crown Victoria. Action Required Pass a motion authorizing staff to purchase the use squad car from the State of Minnesota Travel Management Division, order parts for the 2016 squad and then auction off the used 2008 Ford Crown Victoria squad. page 56 Date: June 7, 2016 To: Mayor and City Council From: Mark McNeill, City Administrator Subject: Change of RFP Scheduling for Professional Services Comment: Introduction: The Council is asked to approve a change in the scheduling of when Requests for Proposals (RFP’s) are to be sought for vendors of professional services to the City. Background: The City contracts for professional services for such things that it cannot, or should not, provide on its own. This would be for such things as consulting planning services, attorney services (including general civil, labor, and prosecution), and auditors. In 2013, the then City Administrator responded to a Council request to formalize a schedule which would seek RFP’s for these services on a regular basis. What was adopted was to seek proposals every three years. See the attachment which shows the adopted schedule. I understand at least part of the rationale for seeking regular renewals of the RFP’s was to make certain prices were competitive. While that is one possible outcome, it may not always be in the City’s best interests to take the lowest cost proposal. I am concerned that a schedule looking for new proposals every three years may be too frequent—for example, an auditor who might change every three years will spend quite a bit of time just getting familiar with the manner in which the City does its work. That is not efficient, and perhaps wouldn’t allow the auditor to spend as much time doing work on audit items of higher importance. For that reason, I am recommending that the schedule be amended to seek RFP’s every five years, rather than every three. If this change is made, the next solicitation dates would be as follows: page 57 Last Renewed New RFP’s Civil Attorney 2013 2018 Labor Attorney 2014 2019 Prosecuting Atty* 2012 2017 Auditor* 2012 2017 Consulting Planner 2013 2018 * Note that the Prosecuting Attorney and Auditor were scheduled for RFP’s in 2015, but that did not happen due to a change in Administrators. It should also be noted that Engineering consultants have been covered under a separate schedule. Mendota Heights is part of a consortium of Dakota County cities which recently jointly sought consulting engineering proposals—there were forty responses received. Those forty are in the process of being reviewed; several will likely be chosen, as different firms may have different areas of expertise. Once that list has been finalized, Mendota Heights should be able to draw upon those companies for any needed engineering consultants. Recommendation I recommend that professional services be sought on a 5 year, rather than a 3 year basis. Action Required If the Council concurs, it should, by motion, direct staff to solicit proposals for the above named professional services on a 5 year rotation. Mark McNeill City Administrator page 58 page 59 page 60 page 61 page 62 page 63 page 64 page 65 page 66 page 67 page 68 page 69 page 70 page 71 page 72 page 73 page 74 DATE: June 7, 2016 TO: Mayor, City Council and City Administrator FROM: Kristen Schabacker, Finance Director SUBJECT: Outstanding Developer Invoice BACKGROUND During the annual audit, we did a review of outstanding amounts due to the city. There is an invoice that is outstanding from the Hidden Creek development. This invoice is for engineering time spent inspecting the development. The amount due from the developer is $9,424.25. This amount was originally billed in March 2006. There were several attempts at the time to collect this invoice, but it was never paid. This outstanding amount has been on the books for over 10 years. The auditors recommended that if this amount was not going to be collected, it should be written off. After this amount of time, I do not think that this invoice will be paid. BUDGET IMPACT This amount will be recorded as a bad debt expense in the Construction In Progress fund. There are funds in the Infrastructure Fund to cover the amount to be written off. RECOMMENDATION Staff recommends that this invoice be written off. page 75 Date: June 7, 2016 To: Mayor and City Council From: Mark McNeill, City Administrator Subject: Change of Date—First Meeting in July Comment: Introduction: The Council is asked to consider changing the meeting date of the first regular City Council meeting of next month from July 5th, to July 6th. Background: Independence Day is on Monday, July 4th. In previous years, the City Council has, on occasion, changed the date of its regular meeting if it is on the first day back following an extended weekend. The reason for this is to give the City Council extra time to make inquiries of staff, or otherwise do research on topics which are on the meeting agenda. July 5th would be such a day. If desired by the Council, it would be possible to reschedule this first meeting of July until the following day on Wednesday, July 6th. Recommendation: If the Council wants to change the date of the first regular meeting in July, I recommend Wednesday, July 6th. Action Required: If the Council concurs, it should, by motion, change the date of its first regular meeting in July to Wednesday, July 6th. Mark McNeill City Administrator page 76 Request for City Council Action DATE: June 7, 2016 TO: Mayor, City Council, and City Administrator FROM: Lorri Smith, City Clerk SUBJECT: Public Hearing for On Sale Intoxicating Liquor and Sunday Liquor License for Haiku Inc. COMMENT: BACKGROUND A public hearing has been scheduled for this evening to receive public comment regarding the issuance of an On Sale Intoxicating and Sunday liquor license. The City has received an application from Haiku Inc. doing business as Haiku Japanese Bistro. This is a transfer of the license currently issued to Haiku Japanese Bistro Inc. DISCUSSION The applicant has submitted an application license packet and paid the required fees. Staff is still waiting to receive a certificate of liquor liability insurance and the liquor bond. The Police Department is in the process of completing a thorough investigation of the applicants. Per City Code, all new liquor license applications shall not be approved before the next regular City Council meeting following the public hearing. RECOMMENDATION Staff recommends the City Council hold the public hearing, consider comments from the public, and close the public hearing. Official action on the license would then be scheduled to take place at the next City Council meeting scheduled for June 21, 2016. page 77 Request for City Council Action MEETING DATE: June 7, 2016 TO: Mayor, City Council, and City Administrator FROM: Lorri Smith, City Clerk SUBJECT: Public Hearing for Renewal of Liquor Licenses COMMENT: BACKGROUND A public hearing has been scheduled for Tuesday evening, June 7, 2016 for hearing public comments on the renewal of the current licenses to sell alcohol. These licenses will expire on June 30, 2016. The City Council may conduct one public hearing and act on all of the licenses concurrently at this meeting provided there are no negative public comments or council concerns. DISCUSSION Renewal applications have been received from the following licensees: Intoxicating Liquor and Sunday Liquor licenses: • Felipe’s LLC dba Teresa’s Mexican Restaurant, 762 Highway 110 • Courtyard Management Corp. dba Courtyard by Marriott, 1352 Northland Drive Club Liquor and Sunday Liquor licenses: • Mendakota Country Club, 2075 Mendakota Drive • Somerset Country Club, 1416 Dodd Road Wine licenses: • Mendo Restaurant Group, Inc., dba Mendoberri located at 730 Main Street • Windy City Pizza LLC dba Tommy Chicago’s Pizzeria located at 730 Main Street • King and I Thai, LLC, dba King and I Thai, 760 Highway 110 Off-Sale Liquor licenses: • Maple Tree Mendota Retail LLC dba The Wine Market, Suite 101, 720 Main Street • Twin City Beverage Inc. dba Mendota Liquor Barrel, 766 Hwy 110 On-Sale 3.2 percent Malt Liquor licenses: • Mendota Heights Par 3 located at 1695 Dodd Road, • Mendo Restaurant Group, Inc., dba Mendoberri located at 730 Main Street • Windy City Pizza LLC dba Tommy Chicago’s Pizzeria located at 730 Main Street • King and I Thai, LLC, dba King and I Thai, 760 Highway 110 Off-Sale 3.2 percent Malt Liquor licenses: • Northern Tier Retail LLC dba SuperAmerica #4521 located at 1080 Highway 110 • Northern Tier Retail LLC dba SuperAmerica #4516 located at 1200 Mendota Heights Road page 78 Outstanding documentation - All of the required documentation has been received, except for the following forms: Mendota Liquor Barrel – need updated Bond Tommy Chicago’s Pizzeria – need updated Bond and Certificate of Insurance King and I Thai LLC – need update Bond and letter from CPA verifying sales Background investigations have been conducted resulting in no negative findings on the above applicants. During this past year, compliance checks were conducted by the Police Department on November 11, 2015. There was one violation. King and I Thai, LLC paid a fine of $1,000 and received a 3-day suspension of their license. If approved, these licenses would be effective July 1, 2016 through June 30, 2017. RECOMMENDATION Staff recommends the Mayor and City Council hold the public hearing, consider comments from the public, and approve the issuance of the license renewals as listed above for the period of July 1, 2016 through June 30, 2017, contingent upon the City receiving the outstanding documentation as noted above. page 79 Request for City Council Action MEETING DATE: June 7, 2016 TO: Mayor and City Council, City Administrator FROM: Nolan Wall, AICP – Planner SUBJECT: Consider 12-month Extension of The Oaks Preliminary Plat COMMENT: Introduction The property owner is requesting a 12-month extension of an approved preliminary plat. Title 11-2-1-F-4 of the City Code allows the City Council to grant an extension of a preliminary plat if a final plat has not been approved within one year of the original approval. Background The City Council passed Resolution 2015-48 approving The Oaks Preliminary Plat on July 7, 2015, as part of Planning Case 2015-20. The proposal platted three new lots at 2511 and 2525 Condon Court from two existing single family lots and a small piece of MnDOT right-of-way. Since that time, the property owner has been working to obtain utility easements required to extend sewer service to the development site prior to submitting the Final Plat for review and approval. The City Council adopted Ordinance 490, as part of Planning Case 2016-03, on February 16, 2016. The ordinance contained a number of amendments to the Subdivision Ordinance, one of which included establishing an effective period of approval for preliminary plats. According to Title 11-2-1-F-4 of the City Code: Effective Period Of Approval: The approval of a preliminary plat shall be effective for a period of one year or longer, as specified by the city council. At the end of this time, final plat approval on the subdivision shall have been obtained from the city council. Any preliminary plat not receiving final approval within the time period set forth herein shall be null and void, except as provided by Minnesota statutes section 462.358, subdivision 3c or if an extension is granted by the city council, and the subdivider shall be required to submit a new application for preliminary plat approval subject to all new zoning restrictions and subdivision regulations of the city existing at the time of submission of the new application. Discussion According to the property owner, negotiations with the other private property owner on the necessary easement have not yet been successful. As a result, he is requesting a 12-month extension of the preliminary plat approval. If granted, it would allow the property owner time to work with the city to potentially include the sewer extension in the future Mendota Heights Road Rehabilitation project. Budget Impact N/A page 80 Recommendation Staff recommends the City Council grant an extension of The Oaks Preliminary Plat approval to July 7, 2017. Action Required This matter requires a simple majority vote. page 81 161186178 160144 141 92135 128 126 83 1244011411361 5029620162287 32012160162 2511 2525 2535 DODD RDCONDON CTMENDOTA H EI G HT S R D I-494 L O O P Aerometrics Planning Case 2015-202511 & 2525 Condon Court City ofMendotaHeights080 SCALE IN FEETDate: 6/16/2015 GIS Map Disclaimer:This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat,survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information containedin this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errorsor omissions herein. If discrepancies are found, please contact the City of Mendota Heights. Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation. page 82 page 83 Request for City Council Action MEETING DATE: June 7, 2016 TO: Mayor and City Council, City Administrator FROM: Nolan Wall, AICP – Planner SUBJECT: Resolution Approving Conditional Use Permit at 1002 Oxford Court COMMENT: Introduction The applicant, on behalf of the property owner, is seeking a conditional use permit to install a roof-mounted solar energy system at 1002 Oxford Court. Background The subject parcel is approximately 18,500 square feet and contains an existing single-family residential dwelling with an attached garage. The proposed solar energy system would be constructed on the south- facing roof section in the rear yard and is compliant with the applicable City Code standards for such a structure and for conditional use permits. The proposed conditions of approval require a building permit to be issued prior to installation and abandonment provisions. The Planning Commission conducted a public hearing at the May 24 meeting; there were no public comments. Discussion The City is using its quasi-judicial authority when considering action on subdivision and zoning requests and has limited discretion; a determination regarding whether or not the request meets the applicable code standards is required. Budget Impact N/A Recommendation The Planning Commission recommended approval of the request, with conditions, as described in Planning Case 2016-11. If the City Council desires to implement the recommendation, pass a motion adopting RESOLUTION 2016-45 APPROVING A CONDITIONAL USE PERMIT AT 1002 OXFORD COURT. Action Required This matter requires a simple majority vote. page 84 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2016-45 RESOLUTION APPROVING A CONDITIONAL USE PERMIT AT 1002 OXFORD COURT WHEREAS, All Energy Solar, on behalf of the property owner, has applied for a conditional use permit as proposed in Planning Case 2016-11 and described in Exhibit A; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this matter at their regular meeting on May 24, 2016. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the conditional use permit request as proposed in Planning Case 2016-11 is hereby approved with the finding of fact that the proposed project is compliant with the applicable City Code requirements. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the conditional use permit request as proposed in Planning Case 2016-11 is hereby approved with the following conditions: 1. The applicant obtains a building permit prior to installation of the proposed solar energy system. 2. If the proposed solar energy system remains nonfunctional or inoperable for a continuous period of twelve (12) months, it shall be deemed to be abandoned and shall be deemed a public nuisance. 3. If abandoned, the property owners shall remove the abandoned system, including the entire structure and transmission equipment, at their expense after obtaining a demolition permit. Adopted by the City Council of the City of Mendota Heights this seventh day of June, 2016. CITY COUNCIL CITY OF MENDOTA HEIGHTS _____________________________ Sandra Krebsbach, Mayor ATTEST: ______________________________ Lorri Smith, City Clerk page 85 Planning Staff Report DATE: May 24, 2016 TO: Planning Commission FROM: Nolan Wall, AICP – Planner SUBJECT: Planning Case 2016-11 Conditional Use Permit APPLICANT: All Energy Solar PROPERTY ADDRESS: 1002 Oxford Court ZONING/GUIDED: R-1 One-Family Residential/LR-Low Density Residential ACTION DEADLINE: June 24, 2016 DESCRIPTION OF THE REQUEST The applicant, on behalf of the property owner, is seeking a conditional use permit to install a roof-mounted solar energy system at 1002 Oxford Court. Title 12-1D-18-A allows solar energy systems as a conditional use in all zoning districts, subject to conditions. BACKGROUND The subject parcel is approximately 18,500 square feet and contains an existing single-family residential dwelling with an attached garage. The City Council recently adopted Ordinance 485 creating standards for alternative energy systems, as part of Planning Case 2015-34. The intent was to ensure the same standards are applied to each solar energy system in an effort to encourage sustainable practices that do not adversely impact the community. ANALYSIS Comprehensive Plan Solar access protection is included in the Land Use Plan-Resource Protection section of the 2030 Comprehensive Plan (page 72-73): Solar Access Protection The City of Mendota Heights has historically planned for solar access protection within its Comprehensive Plans. The rationale for including a solar access protection element in the Comprehensive Plan is to assure the availability of direct sunlight to solar energy systems. A large share of the energy consumed in Minnesota is used for purposes that solar energy could well serve such as space heating and cooling, domestic hot water heating and low-temperature industrial processes. Collection of solar energy requires protection of solar collectors’ sky space. Solar sky space is the portion of the sky that must be free of intervening trees or structures for a collector to receive unobstructed sunlight. According to the Minnesota Energy Agency, “simple page 86 flat plate collectors have the potential to supply one-half of Minnesota’s space heating, cooling, water heating and low-temperature industrial process heat requirements.” Solar Access Goals and Policies: Goal 1: Protect reasonable access to direct sunlight for solar energy systems. Policies: • Consider modification of existing ordinances to protect access of direct sunlight to rooftops of all principal structures. • Encourage developers to establish covenants that do not restrict the development and use of active and/or passive solar energy systems. • Encourage buildings and developers to offer solar energy system options, to the extent practical, for space heating and cooling and hot water heating in new residential, commercial and industrial developments. Conditional Use Permit Title 12-1D-18-A-3 of the City Code includes the following standards for roof-mounted solar energy systems: Roof Mounted Systems: a. Height: The maximum height of the system shall not exceed the structure height requirements in the applicable zoning district. The existing dwelling is two stories and is assumed to be compliant with the R-1 District height requirement. The proposed solar energy system will be attached to the south-facing roofline of the structure and will not extend above the highest peak. b. Setbacks: The system shall comply with all building setback requirements in the applicable zoning district and shall not extend beyond the exterior perimeter of the building on which the system is mounted. The proposed solar energy system will not extend beyond the exterior perimeter of the building. c. Mounting: The system shall be flush mounted on pitched roofs or may be bracket mounted on flat roofs. Bracket mounted collectors shall only be permitted when a determination is provided by a licensed professional qualified to certify that the underlying roof structure will support loading requirements and all applicable building standards are satisfied. The proposed solar energy system will be flush-mounted to the pitched roof structure. d. Maximum Area: The system shall not cover more than eighty percent (80%) of the roof section upon which the panels are mounted. The proposed solar panel area is 271 square feet, which will occupy approximately 33% of the total applicable roof section. In addition, Title 12-1D-18 of the City Code includes the following additional conditions for all solar energy systems: 5. Screening: Solar energy systems shall be screened from view to the extent possible without impacting their function. Systems located within the business and industrial zoning districts may page 87 be required to comply with the standards in subsection 12-1D-13-2C7 of this article where practical. The proposed solar energy system will be flush-mounted to the south-facing roof structure in the rear yard of the subject parcel and abutting the rear yards of the adjacent properties, which provides screening to the greatest possible extent. 6. Color: Solar energy systems shall use colors that blend with the color of the roof material on which the system is mounted or other structures. The proposed solar panels are black and the roof material is gray-colored asphalt shingles. 7. Glare: Reflection angles from collector surfaces shall be oriented away from neighboring windows and minimize glare toward vehicular traffic and adjacent properties. Where necessary, the city may require additional screening to address glare. The proposed solar panels are covered by anti-reflective, anti-glare glass. 8. Utility Connection: a. All utilities shall be installed underground. According to the applicant, none are required since the proposed solar energy system is roof- mounted. b. An exterior utility disconnect switch shall be installed at the electric meter serving the property. The proposed project includes the required exterior switch. c. Solar energy systems shall be grounded to protect against natural lightning strikes in conformance with the national electrical code. According to the applicant, this is incorporated into the system’s design and will be verified by the electrical inspector. d. No solar energy system shall be interconnected with a local electrical utility company until the company has provided the appropriate authorization to the city, in compliance with the national electrical code. The applicant is required to submit this information as part of the building permit submittal. 9. Safety: a. Standards: Solar energy systems shall meet the minimum standards outlined by the International Electrotechnical Commission (IEC), the American Society Of Heating, Refrigerating, And Air- Conditioning Engineers (ASHRAE), ASTM International, British Standards Institution (BSI), International Organization For Standardization (ISO), Underwriter's Laboratory (UL), the Solar Rating And Certification Corporation (SRCC) or other standards as determined by the city building official. b. Certification: Solar energy systems shall be certified by Underwriters Laboratories, Inc., and the National Renewable Energy Laboratory, the Solar Rating And Certification Corporation or other body as determined by the community development director. The city reserves the right to deny a building permit for proposed solar energy systems deemed to have inadequate certification. According to the applicant, the proposed project will be compliant with these requirements. page 88 10. Easements: Solar energy systems shall not encroach upon any public drainage, utility, roadway, or trail easements. The proposed solar energy system will not encroach on any easements. 11. Abandonment: Any solar energy system which remains nonfunctional or inoperable for a continuous period of twelve (12) months shall be deemed to be abandoned and shall be deemed a public nuisance. The owners shall remove the abandoned system, including the entire structure and transmission equipment, at their expense after obtaining a demolition permit. This requirement is included as a conditional of approval. Title 12-1L-6-E-1 of the City Code contains standards for reviewing conditional use permit requests; the following are to be taken into consideration: • The effect of the proposed use upon the health, safety, and welfare of occupants or surrounding lands; • existing and anticipated traffic conditions including parking facilities on adjacent streets; and • the effect of the proposed use on the comprehensive plan. In addition, the following standards must be met: • The proposed use will not be detrimental to the health, safety or general welfare of the community; • will not cause serious traffic congestion nor hazards; • will not seriously depreciate surrounding property value; and • the proposed use is in harmony with the general purpose and intent of the City Code and the comprehensive plan. Based on the information included in the application submittal and provided by the applicant, the proposed project is compliant with the applicable solar energy system and conditional use permit standards. ALTERNATIVES 1. Recommend approval of the conditional use permit request, based on the finding of fact that the proposed project is compliant with the applicable City Code requirements, with conditions. OR 2. Recommend denial of the conditional use permit request, based on the finding(s) of fact determined by the Planning Commission and/or City Council. OR 3. Table the request and direct staff to extend the application review period an additional 60 days, in compliance with MN STAT. 15.99. STAFF RECOMMENDATION Staff recommends approval of the conditional use permit request based on the finding of fact that the proposed project is compliant with the applicable City Code requirements (Alternative 1), with the following conditions: 1. The applicant obtains a building permit prior to installation of the proposed solar energy system. page 89 2. If the proposed solar energy system remains nonfunctional or inoperable for a continuous period of twelve (12) months, it shall be deemed to be abandoned and shall be deemed a public nuisance. 3. If abandoned, the property owners shall remove the abandoned system, including the entire structure and transmission equipment, at their expense after obtaining a demolition permit. MATERIALS INCLUDED FOR REVIEW 1. Aerial site map 2. Planning applications, including supporting materials page 90 1 6 4 74 10710162102603397152 140151 1242 1401002 1000 9981004 1870 1862 992 1854 999 Planning Case 2016-111002 Oxford Court City of Mendota Heights030 SCALE IN FEETDate: 5/13/2016 GIS Map Disclaimer:This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat,survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information containedin this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errorsor omissions herein. If discrepancies are found, please contact the City of Mendota Heights. Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation. PROJECT AREA page 91 page 92 page 93 page 94 page 95 REV 05/25/16 KS COMPANY INFORMATION CLIENT INFORMATION SYSTEM DETAILS REVISIONS AZIMUTH PROJECT-PAGE TITLE ALL ENERGY SOLAR, INC1642 CARROLL AVEST PAUL, MN 55104(800) 620-3370INFO@ALLENERGYSOLAR.COM PAGE NUMBERA1 JOHN ALLEN1002 OXFORD CTMENDOTA HEIGHTS, MN 55118PO 12386 NOTES: 1. (1) SOLAR EDGE SE3800A-US INVERTER(S) 2. ARRAY 1:180° AZIMUTH, 26° TILT(15) iTek 315W = 4.13kW NOTES: 1. LOCATION OF SERVICE PANEL AND ELECTRICAL EQUIPMENT ARE SHOWN. FINAL LOCATION MAY CHANGE 2. LOCATION OF SERVICE PANEL AND ADDITIONAL ELECTRICAL EQUIPMENT NOT DRAWN TO SCALE 3. AC DISCONNECT AND PRODUCTION METER WITHIN 10' OF MAIN SERVICE METER/BI-DIRECTIONAL METER. 4. PV EQUIPMENT SHALL BE INSTALLED IN ACCORDANCE WITH NEC 690 AND POSTED WITH APPLICABLE WARNINGS, SIGNAGE, AND PLAQUES PER NEC 705-10, 690-17, & 690-64 (b)(5). 5. STRINGS: (1) STRING(S) OF 15 N 1 2 3456 LABELS LOCATED ON PV PRODUCTION METER, BI-DIRECTIONAL METER, AC DISCONNECT, INVERTER(S), AND APPROPRIATE LABELS ON MAIN ELECTRIC SERVICE. ALL LABELS ARE PERMANENT AND DURABLE THERE ARE NO CLEARANCE ISSUES DUE TO OVERHEAD POWERLINES. CALL-OUTS: 1: SOLAR PANELS2: OPTIMIZERS3: INVERTER4: UTILITY AC DISCONNECT5: PV PRODUCTION METER6: MAIN ELECTRIC SERVICE7: BI-DIRECTIONAL METER DISTANCESSOLAR PANELS - OPTIMIZERS: 5' MAXOPTIMIZERS - INVERTER: 5' MAXINVERTER - UTILITY AC DISCONNECT: 2'UTILITY AC DISCONNECT - PV PRODUCTION METER: 2'PV PRODUCTION METER - MAIN ELECTRIC SERVICE: 2'MAIN ELECTRIC SERVICE - BI-DIRECTIONAL METER: 2' 7 2'2'2' ROOF VENT TO BE REMOVED = 830 SQFT_ = 271 SQFT ROOF AREA 1 ROOF AREA 2 SOLAR PANEL AREA PERCENTAGE OF SOLAR PANEL AREATO TOTAL ROOF AREA ~ 32.65 SQFT page 96 REV 04/18/16 KS COMPANY INFORMATION CLIENT INFORMATION SYSTEM DETAILS REVISIONS AZIMUTH PROJECT-PAGE TITLE ALL ENERGY SOLAR, INC1642 CARROLL AVEST PAUL, MN 55104(800) 620-3370INFO@ALLENERGYSOLAR.COM PAGE NUMBERA JOHN ALLEN1002 OXFORD CTMENDOTA HEIGHTS, MN 55118PO 12386 IMPORTANT NOTES: Install Date: ________________Zone: ZONE 1System Size: 4.13kW(15) iTek 275Inverter: (1) SE3800A-USInstall: SNAP-N-RACK FLUSH MOUNTInterconnection: BACKFEED JOHN ALLENPO 12386Consultant: REID SEBIONLiaison: CINDY LARSONESV Tech: AUSTINDesigner: KRISTENUtility: XCEL ENERGYBuilding Department: MENDOTA HEIGHTSPhone: ______________________Notes: Electrical Inspector: ______________________Phone: ______________________Notes: JOHN ALLEN1002 OXFORD CTMENDOTA HEIGHTS, MN 55118PO 12386 N ARRAY 1:15 MODULES, 26° TILT, 180° AZIMUTH PROJECT OVERVIEW MAIN SERVICE PANEL UTILITY AC DISCONNECT ·VENT TO BE REMOVED.·SERVICE PANEL IS VERY FULL, CONSIDER BRINGING POLARIS LUGS & FUSED AC DICONNECT TO TAP IN SERVICE PANEL. ·CUSTOMER NEEDS TO CLEAR AREA AROUND MSP-ELECTRICIAN NEEDS AMPLE WORK SPACE. ·CUSTOMER NEEDS TO TRIM BUSHES. ROOF VENT TO BE REMOVED INVERTER W/ DC DISCONNECT page 97 REV 04/18/16 KS COMPANY INFORMATION CLIENT INFORMATION SYSTEM DETAILS REVISIONS AZIMUTH PROJECT-PAGE TITLE ALL ENERGY SOLAR, INC1642 CARROLL AVEST PAUL, MN 55104(800) 620-3370INFO@ALLENERGYSOLAR.COM PAGE NUMBERA0 JOHN ALLEN1002 OXFORD CTMENDOTA HEIGHTS, MN 55118PO 12386 NOTES: 1. (15) iTek 315W MODULES = 4.13kW 2. MOUNTING TYPE: FLUSH MOUNT 3. (1) SOLAR EDGE SE3800A-US INVERTER(S) 4. ARRAY 1:26° TILT, 180° AZIMUTH COVER PAGE JOHN ALLEN1002 OXFORD CTMENDOTA HEIGHTS, MN 55118PO 12386 N ROOF VENT TO BE REMOVED page 98 REV 04/18/16 KS COMPANY INFORMATION CLIENT INFORMATION SYSTEM DETAILS REVISIONS AZIMUTH PROJECT-PAGE TITLE ALL ENERGY SOLAR, INC1642 CARROLL AVEST PAUL, MN 55104(800) 620-3370INFO@ALLENERGYSOLAR.COM PAGE NUMBERA1 JOHN ALLEN1002 OXFORD CTMENDOTA HEIGHTS, MN 55118PO 12386 NOTES: 1. (1) SOLAR EDGE SE3800A-US INVERTER(S) 2. ARRAY 1:180° AZIMUTH, 26° TILT(15) iTek 315W = kW SITE MAP NOTES: 1. LOCATION OF SERVICE PANEL AND ELECTRICAL EQUIPMENT ARE SHOWN. FINAL LOCATION MAY CHANGE 2. LOCATION OF SERVICE PANEL AND ADDITIONAL ELECTRICAL EQUIPMENT NOT DRAWN TO SCALE 3. AC DISCONNECT WITHIN 10' OF MAIN SERVICE METER/BI-DIRECTIONAL METER. 4. PV EQUIPMENT SHALL BE INSTALLED IN ACCORDANCE WITH NEC 690 AND POSTED WITH APPLICABLE WARNINGS, SIGNAGE, AND PLAQUES PER NEC 705-10, 690-17, & 690-64 (b)(5). 5. STRINGS: (1) STRING(S) OF 15 N 1 2 3456 LABELS LOCATED ON PV PRODUCTION METER, BI-DIRECTIONAL METER, AC DISCONNECT, INVERTER(S), AND APPROPRIATE LABELS ON MAIN ELECTRIC SERVICE. ALL LABELS ARE PERMANENT AND DURABLE THERE ARE NO CLEARANCE ISSUES DUE TO OVERHEAD POWERLINES. CALL-OUTS: 1: SOLAR PANELS2: OPTIMIZERS3: INVERTER4: UTILITY AC DISCONNECT5: PV PRODUCTION METER6: MAIN ELECTRIC SERVICE7: BI-DIRECTIONAL METER DISTANCESSOLAR PANELS - OPTIMIZERS: 5' MAXOPTIMIZERS - INVERTER: 5' MAXINVERTER - UTILITY AC DISCONNECT: 2'UTILITY AC DISCONNECT - PV PRODUCTION METER: 2'PV PRODUCTION METER - MAIN ELECTRIC SERVICE: 2'MAIN ELECTRIC SERVICE - BI-DIRECTIONAL METER: 2'7 2'2'2' ROOF VENT TO BE REMOVED 534.00"402.66"page 99 REV 04/18/16 KS COMPANY INFORMATION CLIENT INFORMATION SYSTEM DETAILS REVISIONS AZIMUTH PROJECT-PAGE TITLE ALL ENERGY SOLAR, INC1642 CARROLL AVEST PAUL, MN 55104(800) 620-3370INFO@ALLENERGYSOLAR.COM PAGE NUMBERA2 JOHN ALLEN1002 OXFORD CTMENDOTA HEIGHTS, MN 55118PO 12386 *STRINGING SUBJECT TO CHANGE ON SITE 2x4 TRUSS 24" OC RAIL AND STRINGING DIAGRAM N LEGEND: NEGATIVE END: POSITIVE END: (15) iTek 275 MODULES (15) P300 OPTIMIZERS (1) SOLAR EDGE SE3800A-US INVERTER(S) STRINGS: (1) STRING(S) OF 15 OPTIMIZERS SNAP-N-RACK MOUNTING HARDWARE: 1. (32) FLASHINGS/L-FEET 2. (6) RAIL SPLICES 3. CLAMPS (24) MIDCLAMPS (12) ENDCLAMPS 4. RAIL LENGTHS: (6) 122" RAILS (6) 162" RAILS ROOF VENT TO BE REMOVED 21.00"195.9"page 100 REV 04/18/16 KS COMPANY INFORMATION CLIENT INFORMATION SYSTEM DETAILS REVISIONS AZIMUTH PROJECT-PAGE TITLE ALL ENERGY SOLAR, INC1642 CARROLL AVEST PAUL, MN 55104(800) 620-3370INFO@ALLENERGYSOLAR.COM PAGE NUMBERA3 JOHN ALLEN1002 OXFORD CTMENDOTA HEIGHTS, MN 55118PO 12386 NOTES: 1. ELEVATIONS MAY VARY DEPENDING ON GROUND ELEVATION BUT ARE DRAWN TO THE BEST OF OUR ABILITY 2. 2x4 TRUSS 24" OC ELEVATION DRAWINGS SOUTH ELEVATION WEST ELEVATION 534.00"226.45"26°224.00" 354.66" page 101 REV 04/18/16 KS COMPANY INFORMATION CLIENT INFORMATION SYSTEM DETAILS REVISIONS AZIMUTH PROJECT-PAGE TITLE ALL ENERGY SOLAR, INC1642 CARROLL AVEST PAUL, MN 55104(800) 620-3370INFO@ALLENERGYSOLAR.COM PAGE NUMBERA4 JOHN ALLEN1002 OXFORD CTMENDOTA HEIGHTS, MN 55118PO 12386 *DISTANCES NOT TO SCALE ELECTRICAL LINE DIAGRAM Inverter Details(1) SolarEdge SE3800A-US-240VACCEC Efficiency: 98.2%Max DC Voltage: 500VMax DC input Current: 13AMax AC Output Current: 16ANominal Voltage Range: (211 - 264V)Nominal Frequency: 60HzPower Factor: .99 NOTES: 1. DESIGN MEETS NEC CODE AND SHALL BE INSTALLED IN ACCORDANCE WITH NEC 690 AND POSTED WITH APPLICABLE WARNINGS, SIGNAGE, AND PLAQUES PER NEC 705-10, 690-17, & 690-64 (b) (5) 2. SOLAR MODULES, INVERTERS, AND CORRESPONDING ELECTRICAL EQUIPMENT ARE LISTED. 3. INVERTERS ARE UL 1741 LISTED TO UTILITY MODULE DETAILS (15) iTEK 275WRATED POWER @ STC: 275VMP: 32.1VIMP: 8.5AVOC: 39.0VISC: 9.2A Optimizer Details: (15) SolarEdge P300Absolute Max Input Voltage: 48VdcMax Short Circuit Current: 10AdcMax DC Input Current: 12.5AdcMax DC Output Current: 15AdcMax DC Output Voltage: 60Vdc90' MAX (15) iTek2754.13kW SEE LABEL(S) 14, 16, 36, 37ON FOLLOWING PAGES XCEL ENERGY BI-DIRECTIONAL METER 120/240V 1-PHASE UTILITY AC DISCONNECT VISIBLE LOCKABLE ACCESSIBLE 1 PHASE, 30A, 120/240VSEE LABEL(S) 14, 16, 19 ON FOLLOWING PAGES LOAD PANEL120/240V200A RATED MAIN200A RATED BUS SEE LABEL(S) 41, 42, 43 ON FOLLOWING PAGES 2' MAX 3/4" EMT:(3) #10 THWN(1) #10 GROUND 2'EXISTINGCONDUIT XCEL ENERGY PRODUCTION METER120/240V, 200A WITH BYPASS1PHASE, 3-WIRE SEE LABEL(S) 21 ON FOLLOWING PAGES (1) CIRCUIT(S) OF 15 (20A EA) (15) SOLAR EDGE P300 OPTIMIZERS: (1) STRING(S) OF 15 ACDC 2' MAX 3/4" EMT:(3) #6 THWN(1) #10 GROUND 2' MAX 3/4" EMT:(3) #6 THWN(1) #10 GROUND 5' MAX (1) SOLAR EDGESE3800A-US120/240VSEE LABEL(S) 6, 7, 10 ON FOLLOWING PAGES page 102 page 103 page 104 page 105 page 106 page 107 Benjamin D & Josephi Dahlager 1883 Walsh Ln Mendota Heights Mn 55118 Brian C & Mary B Gleason 997 Stratford Rd Mendota Heights Mn 55118-4215 Bruce M & Ellen Johnson 1870 Walsh Ln Saint Paul Mn 55118-4242 Carol Ann Frenz 1842 Rolling Green Curv Saint Paul Mn 55118-4230 Charles E & Christin Frost 1000 Oxford Ct Mendota Heights Mn 55118 Chelsey Vivian Laura Griggs 1845 Victoria Rd Mendota Heights Mn 55118 Christian A Hummel 1882 Walsh Ln Mendota Heights Mn 55118-4242 City of Mendota Heights 1101 Victoria Curv Saint Paul Mn 55118-4167 Elizabeth J Tuohy 1877 Victoria Rd S Mendota Heights Mn 55118 Elizabeth Klas Polome 1861 Victoria Rd S Mendota Heights Mn 55118 Eric S & Joann W Pasternack 1854 Walsh Ln Mendota Heights Mn 55118 Gregory & E Lundgren 1853 Walsh Ln Saint Paul Mn 55118-4238 Ian S Grunberg 1875 Walsh La Saint Paul Mn 55118-4238 James R & Janice K Wenker 1842 Walsh Ln Saint Paul Mn 55118-4239 Jodi K Coronis-odonovan 1839 Walsh Ln Saint Paul Mn 55118-4238 John J Allen 1002 Oxford Ct Saint Paul Mn 55118-4248 John M & Ellen J Schreier 1853 Victoria Rd S Mendota Heights Mn 55118 Kevin E Roe 1885 Victoria Rd S Mendota Heights Mn 55118 Lana Hurley 992 Stratford Rd Saint Paul Mn 55118-4249 Leonard & Linda L Axelrod 1899 Walsh Ln Saint Paul Mn 55118-4238 Mary M McDougall 1003 Stratford Rd Saint Paul Mn 55118-4262 Mary Penelope Roszak 988 Stratford Rd Saint Paul Mn 55118-4249 Nicholas J & Anita A Wills 1869 Victoria Rd Mendota Heights Mn 55118 Patricia A Lawson 999 Oxford Ct Saint Paul Mn 55118-4248 Phillip A & Lindsay Bengtson 1834 Walsh Ln Mendota Heights Mn 55118 Phillip E & Linda Gill 1861 Walsh Ln Saint Paul Mn 55118-4238 Reed & Karen Smidt 1906 Walsh Ln Mendota Heights Mn 55118 Richard W Floeder 1891 Walsh Ln Mendota Heights Mn 55118 Robert W Salisbury 984 Stratford Rd Saint Paul Mn 55118-4249 Roberta D Parnell 1848 Rolling Green Curv Mendota Heights Mn 55118 page 108 S Edward & Mary Maehren 986 Stratford Rd Saint Paul Mn 55118-4249 Shneur Z Bendet 998 Stratford Rd Mendota Heights Mn 55118 Thomas A & Cynthia M Kraack 1001 Oxford Ct Saint Paul Mn 55118-4248 Thomas G Kraus 1841 Walsh Ln Mendota Heights Mn 55118 Thomas H Faust 1009 Stratford Rd Mendota Heights Mn 55118 Thomas L & Julie Weisbecker 1862 Walsh Ln Saint Paul Mn 55118-4242 Thomas R & Robin L Yardic 987 Stratford Rd Saint Paul Mn 55118-4215 Toby J & Stephanie Meyer 983 Stratford Rd Mendota Heights Mn 55118 Trudy J Sheire 1854 Rolling Green Curv Saint Paul Mn 55118-4230 Vivian W Kuntz 1004 Stratford Rd Mendota Heights Mn 55118-4249 William & Carol Kiemele 1867 Walsh Ln Saint Paul Mn 55118-4238 page 109 page 110 page 111 Request for City Council Action MEETING DATE: May 24, 2016 TO: Mayor and City Council, City Administrator FROM: Nolan Wall, AICP – Planner SUBJECT: Resolution Approving Conditional Use Permit at 701 Mendota Heights Road COMMENT: Introduction The applicant, on behalf of Independent School District 197, is seeking a conditional use permit to install a roof-mounted solar energy system at 701 Mendota Heights Road. Background The subject parcel is approximately 30 acres and contains the Friendly Hills Middle School campus. The proposed solar energy system is compliant with the applicable City Code standards for such a structure and for conditional use permits. The proposed conditions of approval require a building permit to be issued prior to installation and abandonment provisions. The Planning Commission conducted a public hearing at the May 24 meeting. A neighboring resident inquired as to whether or not any vegetation removal would be required; the applicant indicated there would not be any as part of the proposed project. Discussion The City is using its quasi-judicial authority when considering action on subdivision and zoning requests and has limited discretion; a determination regarding whether or not the request meets the applicable code standards is required. Budget Impact N/A Recommendation The Planning Commission recommended approval of the request, with conditions, as described in Planning Case 2016-14. If the City Council desires to implement the recommendation, pass a motion adopting RESOLUTION 2016-46 APPROVING A CONDITIONAL USE PERMIT AT 701 MENDOTA HEIGHTS ROAD. Action Required This matter requires a simple majority vote. page 112 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2016-46 RESOLUTION APPROVING A CONDITIONAL USE PERMIT AT 701 MENDOTA HEIGHTS ROAD WHEREAS, TruNorth Solar, LLC, on behalf of the property owner, has applied for a conditional use permit as proposed in Planning Case 2016-14 and described in Exhibit A; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this matter at their regular meeting on May 24, 2016. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the conditional use permit request as proposed in Planning Case 2016-14 is hereby approved with the finding of fact that the proposed project is compliant with the applicable City Code requirements. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the conditional use permit request as proposed in Planning Case 2016-14 is hereby approved with the following conditions: 1. The applicant obtains a building permit prior to installation of the proposed solar energy system. 2. If the proposed solar energy system remains nonfunctional or inoperable for a continuous period of twelve (12) months, it shall be deemed to be abandoned and shall be deemed a public nuisance. 3. If abandoned, the property owners shall remove the abandoned system, including the entire structure and transmission equipment, at their expense after obtaining a demolition permit. Adopted by the City Council of the City of Mendota Heights this seventh day of June, 2016. CITY COUNCIL CITY OF MENDOTA HEIGHTS _____________________________ Sandra Krebsbach, Mayor ATTEST: ______________________________ Lorri Smith, City Clerk page 113 Planning Staff Report DATE: May 24, 2016 TO: Planning Commission FROM: Nolan Wall, AICP – Planner SUBJECT: Planning Case 2016-14 Conditional Use Permit APPLICANT: TruNorth Solar, LLC PROPERTY ADDRESS: 701 Mendota Heights Road – Friendly Hills Middle School ZONING/GUIDED: R-1 One-Family Residential/S-School ACTION DEADLINE: June 24, 2016 DESCRIPTION OF THE REQUEST The applicant, on behalf of Independent School District 197, is seeking a conditional use permit to install a roof-mounted solar energy system at 701 Mendota Heights Road. Title 12-1D-18-A allows solar energy systems as a conditional use in all zoning districts, subject to conditions. BACKGROUND The subject parcel is approximately 30 acres and contains the Friendly Hills Middle School campus. The City Council recently adopted Ordinance 485 creating standards for alternative energy systems, as part of Planning Case 2015-34. The intent was to ensure the same standards are applied to each solar energy system in an effort to encourage sustainable practices that do not adversely impact the community. ANALYSIS Comprehensive Plan Solar access protection is included in the Land Use Plan-Resource Protection section of the 2030 Comprehensive Plan (page 72-73): Solar Access Protection The City of Mendota Heights has historically planned for solar access protection within its Comprehensive Plans. The rationale for including a solar access protection element in the Comprehensive Plan is to assure the availability of direct sunlight to solar energy systems. A large share of the energy consumed in Minnesota is used for purposes that solar energy could well serve such as space heating and cooling, domestic hot water heating and low-temperature industrial processes. Collection of solar energy requires protection of solar collectors’ sky space. Solar sky space is the portion of the sky that must be free of intervening trees or structures for a collector to receive unobstructed sunlight. According to the Minnesota Energy Agency, “simple page 114 flat plate collectors have the potential to supply one-half of Minnesota’s space heating, cooling, water heating and low-temperature industrial process heat requirements.” Solar Access Goals and Policies: Goal 1: Protect reasonable access to direct sunlight for solar energy systems. Policies: • Consider modification of existing ordinances to protect access of direct sunlight to rooftops of all principal structures. • Encourage developers to establish covenants that do not restrict the development and use of active and/or passive solar energy systems. • Encourage buildings and developers to offer solar energy system options, to the extent practical, for space heating and cooling and hot water heating in new residential, commercial and industrial developments. Conditional Use Permit Title 12-1D-18-A-3 of the City Code includes the following standards for roof-mounted solar energy systems: Roof Mounted Systems: a. Height: The maximum height of the system shall not exceed the structure height requirements in the applicable zoning district. The proposed solar energy system will extend approximately 17 inches above the roof structure, but will not be located above the highest point of the existing building. b. Setbacks: The system shall comply with all building setback requirements in the applicable zoning district and shall not extend beyond the exterior perimeter of the building on which the system is mounted. The proposed solar energy system will not extend beyond the exterior perimeter of the building. c. Mounting: The system shall be flush mounted on pitched roofs or may be bracket mounted on flat roofs. Bracket mounted collectors shall only be permitted when a determination is provided by a licensed professional qualified to certify that the underlying roof structure will support loading requirements and all applicable building standards are satisfied. The proposed solar energy system will be bracket-mounted to the flat roof structure. The applicant has provided a structural engineering report to certify that the roof joists are capable of holding the entire load of the array and ballast. d. Maximum Area: The system shall not cover more than eighty percent (80%) of the roof section upon which the panels are mounted. The proposed solar panel area is 6,250 square feet, which will occupy approximately 46% of the total applicable roof section. In addition, Title 12-1D-18 of the City Code includes the following additional conditions for all solar energy systems: 5. Screening: Solar energy systems shall be screened from view to the extent possible without impacting their function. Systems located within the business and industrial zoning districts may page 115 be required to comply with the standards in subsection 12-1D-13-2C7 of this article where practical. The proposed solar energy system will be bracket-mounted to the roof structure facing Mendota Heights Road. The 18-inch parapet walls will obscure view of the panels from the road or surrounding residential properties. 6. Color: Solar energy systems shall use colors that blend with the color of the roof material on which the system is mounted or other structures. The proposed solar panels are dark-blue with aluminum frames, but will not be visible from the road or surrounding residential properties. 7. Glare: Reflection angles from collector surfaces shall be oriented away from neighboring windows and minimize glare toward vehicular traffic and adjacent properties. Where necessary, the city may require additional screening to address glare. The proposed solar panels are tilted at a 12-degree angle and are made from non-reflective glass. 8. Utility Connection: a. All utilities shall be installed underground. b. An exterior utility disconnect switch shall be installed at the electric meter serving the property. c. Solar energy systems shall be grounded to protect against natural lightning strikes in conformance with the national electrical code. d. No solar energy system shall be interconnected with a local electrical utility company until the company has provided the appropriate authorization to the city, in compliance with the national electrical code. According to the applicant, the proposed project will be compliant with all of the utility connection requirements. Staff will verify compliance during the building permit review process. 9. Safety: a. Standards: Solar energy systems shall meet the minimum standards outlined by the International Electrotechnical Commission (IEC), the American Society Of Heating, Refrigerating, And Air- Conditioning Engineers (ASHRAE), ASTM International, British Standards Institution (BSI), International Organization For Standardization (ISO), Underwriter's Laboratory (UL), the Solar Rating And Certification Corporation (SRCC) or other standards as determined by the city building official. b. Certification: Solar energy systems shall be certified by Underwriters Laboratories, Inc., and the National Renewable Energy Laboratory, the Solar Rating And Certification Corporation or other body as determined by the community development director. The city reserves the right to deny a building permit for proposed solar energy systems deemed to have inadequate certification. According to the applicant, the proposed project will be compliant with all of the safety requirements. Staff will verify compliance during the building permit review process. 10. Easements: Solar energy systems shall not encroach upon any public drainage, utility, roadway, or trail easements. The proposed solar energy system will not encroach on any easements. 11. Abandonment: Any solar energy system which remains nonfunctional or inoperable for a continuous period of twelve (12) months shall be deemed to be abandoned and shall be deemed a public nuisance. The owners shall remove the abandoned system, including the entire structure and transmission equipment, at their expense after obtaining a demolition permit. page 116 This requirement is included as a conditional of approval. Title 12-1L-6-E-1 of the City Code contains standards for reviewing a conditional use permit request; the following are to be taken into consideration: • The effect of the proposed use upon the health, safety, and welfare of occupants or surrounding lands; • existing and anticipated traffic conditions including parking facilities on adjacent streets; and • the effect of the proposed use on the comprehensive plan. In addition, the following standards must be met: • The proposed use will not be detrimental to the health, safety or general welfare of the community; • will not cause serious traffic congestion nor hazards; • will not seriously depreciate surrounding property value; and • the proposed use is in harmony with the general purpose and intent of the City Code and the comprehensive plan. Based on the information included in the application submittal and provided by the applicant, the proposed project is compliant with the applicable solar energy system and conditional use permit standards. ALTERNATIVES 1. Recommend approval of the conditional use permit request, based on the finding of fact that the proposed project is compliant with the applicable City Code requirements, with conditions. OR 2. Recommend denial of the conditional use permit request, based on the finding(s) of fact determined by the Planning Commission and/or City Council. OR 3. Table the request and direct staff to extend the application review period an additional 60 days, in compliance with MN STAT. 15.99. STAFF RECOMMENDATION Staff recommends approval of the conditional use permit request based on the finding of fact that the proposed project is compliant with the applicable City Code requirements (Alternative 1), with the following conditions: 1. The applicant obtains a building permit prior to installation of the proposed solar energy system. 2. If the proposed solar energy system remains nonfunctional or inoperable for a continuous period of twelve (12) months, it shall be deemed to be abandoned and shall be deemed a public nuisance. 3. If abandoned, the property owners shall remove the abandoned system, including the entire structure and transmission equipment, at their expense after obtaining a demolition permit. MATERIALS INCLUDED FOR REVIEW 1. Aerial site map 2. Planning applications, including supporting materials page 117 701 701 704 729 2455 700 2384 2450 2374695 648 691 666 2500 723 694 2458 2381 724 705 671687 683 677 670680686 674690 2480 699 2490 649 2385 732 2480 728 2465 2464 731 2375 735 737 736 2459 2455 648 2455 2458 2489 2367 2471 650 741 724 2499 2489 2366 2461 2500 740 647 2490 24702464 2490 HUBER DRAPACHE LN MENDOTA HEIGHTS RD APAC H E C T LOCKWOOD DR Planning Case 2016-14701 Mendota Heights RoadFriendly Hills Middles School City of Mendota Heights0230 SCALE IN FEETDate: 5/13/2016 GIS Map Disclaimer:This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat,survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information containedin this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errorsor omissions herein. If discrepancies are found, please contact the City of Mendota Heights. Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation. PROJECT AREA page 118 page 119 page 120 page 121 page 122 page 123 page 124 page 125 page 126 page 127 page 128 Adam & Kimberly Smith 649 Hampshire Dr Mendota Heights Mn 55120 Adrian D & Sarah B Waltz 642 Hampshire Dr Mendota Heights Mn 55120 Adrian D Stetler 2574 Concord Way Mendota Heights Mn 55120 Albert R & Catherine Spottke 2497 Lockwood Dr Saint Paul Mn 55120-1746 Alfred R & Virginia Pieper 2471 Hampshire Ct Mendota Heights Mn 55120 Allen L & Carol Peterson 2385 Apache Ct Saint Paul Mn 55120-1649 Ami Spevacek 2493 Lockiwood Dr Mendota Heights Mn 55120 Andrew Brown 2532 Brookfield Ln Mendota Heights Mn 55120 Andrew Brown 2532 Brookfield Ln Mendota Heights Mn 55120 Andrew Brown 2532 Brookfield Ln Mendota Heights Mn 55120 Ann Ackerman 1 Broadway Unit 311 Tacoma Wa 98402 Ann Ackerman 1 Broadway Unit 311 Tacoma Wa 98402 Ann E Hanebuth 2521 Concord Way Mendota Heights Mn 55120 Ann E Hanebuth 2521 Concord Way Mendota Heights Mn 55120 Ann M Garvey 2533 Concord Way Mendota Heights Mn 55120-1701 Ann M Garvey 2533 Concord Way Mendota Heights Mn 55120-1701 Anne Marie Thomson 2544 Claremont Dr Mendota Heights Mn 55120 Anthony & Suzanne Haider Jpmorgan Chase Bank NA 2530 Arbor Ct Mendota Heights Mn 55120 Anthony W Peterson 2536 Brookfield Ln Mendota Heights Mn 55120 Anthony W Peterson 2536 Brookfield Ln Mendota Heights Mn 55120 Arnold Oliver Tste Helgemoe 2491 Lockwood Dr W Mendota Heights Mn 55120 Barbara E Wing 2591 Heritage Dr Mendota Heights Mn 55120-1738 Barbara E Wing 2591 Heritage Dr Mendota Heights Mn 55120-1738 Barbara E Wing 2591 Heritage Dr Mendota Heights Mn 55120-1738 Bernard P & Damaris Friel 750 Mohican Lane Saint Paul Mn 55120-1633 Bernard P & Damaris Friel 750 Mohican Ln Saint Paul Mn 55120-1633 Bonnie L Hollenbeck 2543 Concord Way Mendota Heights Mn 55120-1701 Bonnie L Hollenbeck 2543 Concord Way Mendota Heights Mn 55120-1701 Bradley R Marvy 2511 Wilshire Ct Mendota Heights Mn 55120-1706 Bradley R Marvy 2511 Wilshire Ct Mendota Heights Mn 55120-1706 page 129 Bridget Ellen Garvey 2252 Concord Way Mendota Heights Mn 55120 Bridget Ellen Garvey 2252 Concord Way Mendota Heights Mn 55120 Bruce Carter 2530 Haverton Cir Mendota Heights Mn 55120 Bruce G & Cherie L Reichow 2374 Apache Ct Saint Paul Mn 55120-1684 Bruce L & Signe A Bobbitt 2455 Hampshire Ct Saint Paul Mn 55120-1900 Carl J II & Linda C Sommerer 680 Apache Lane Saint Paul Mn 55120-1648 Carol L Bjorklund 2506 Concord Way Mendota Heights Mn 55120-1700 Carol L Bjorklund 2506 Concord Way Mendota Heights Mn 55120-1700 Carol L Bjorklund 2506 Concord Way Mendota Heights Mn 55120-1700 Carol L Sheppard 2564 Concord Way Mendota Heights Mn 55120-1728 Carol L Sheppard 2564 Concord Way Mendota Heights Mn 55120-1728 Catherine A Harrison 14213 Desert Flower Dr N Fountain Hills Az 85268 Catherine P Moore 2567 Heritage Dr Mendota Heights Mn 55120 Catherine P Moore 2567 Heritage Dr Mendota Heights Mn 55120 Catherine P Moore 2567 Heritage Dr Mendota Heights Mn 55120 Chad D Lemmons 677 Apache Ln Saint Paul Mn 55120-1671 Christopher J Tschida 2465 Hampshire Ct Mendota Heights Mn 55120 City of Mendota Heights 1101 Victoria Curv Saint Paul Mn 55118-4167 City of Mendota Heights 1101 Victoria Curv Saint Paul Mn 55118-4167 City of Mendota Heights 1101 Victoria Curv Saint Paul Mn 55118-4167 City of Mendota Heights 1101 Victoria Curv Saint Paul Mn 55118-4167 City of Mendota Heights 1101 Victoria Curv Saint Paul Mn 55118-4167 City of Mendota Heights 1101 Victoria Curv Saint Paul Mn 55118-4167 City of Mendota Heights 1101 Victoria Curv Saint Paul Mn 55118-4167 Colleen & John Tste Lepak 674 Apache Ln Mendota Heights Mn 55120 Constance A Tstee Powell 2480 Lockwood Dr Mendota Heights Mn 55120-1743 Courtney A Hopper 2527 Wilshire Ct Mendota Heights Mn 55120 Courtney A Hopper 2527 Wilshire Ct Mendota Heights Mn 55120 Courtney A Sekevitch 2536 Wilshire Ct Mendota Heights Mn 55120 Courtney A Sekevitch 2536 Wilshire Ct Mendota Heights Mn 55120 page 130 Courtney A Sekevitch 2536 Wilshire Ct Mendota Heights Mn 55120 Craig J Olson 2544 Concord Way Mendota Heights Mn 55120-1701 Craig J Olson 2544 Concord Way Mendota Heights Mn 55120-1701 Cynthia R Widman % Cynthia R Allen 2532 Wilshire Ct Mendota Heights Mn 55120 Cynthia R Widman % Cynthia R Allen 2532 Wilshire Ct Mendota Heights Mn 55120 Daniel A Halsey 17766 Langford Blvd Prior Lake Mn 55372 Daniel A Halsey 17766 Langford Blvd Prior Lake Mn 55372 Daniel A Halsey 17766 Langford Blvd Prior Lake Mn 55372 Daniel Edwards Rostratter 2483 Stockbridge Rd Mendota Heights Mn 55120 Daniel J Kelly 736 Mohican Ct Saint Paul Mn 55120-1632 Daniel O Tste Adams 1145 Tonkawa Rd Long Lake Mn 55356-9241 David C & Joann K Coen 2375 Apache Ct Saint Paul Mn 55120-1683 David C Friedman 2502 Concord Way Mendota Heights Mn 55120-1700 David C Friedman 2502 Concord Way Mendota Heights Mn 55120-1700 David Duschane 2483 Lockwood Dr Mendota Heights Mn 55120 David L Polarek 2513 Wilshire Ct Mendota Heights Mn 55120-1706 David L Polarek 2513 Wilshire Ct Mendota Heights Mn 55120-1706 David L Polarek 2513 Wilshire Ct Mendota Heights Mn 55120-1706 David R & Stacy S Jacobson 728 Mohican Ct Saint Paul Mn 55120-1632 Dean E McDowell 695 Apache Ln Mendota Heights Mn 55120 Dennis L & Carol A Mashuga 754 Havenview Ct Saint Paul Mn 55120-1800 Diana Fisher 2573 Heritage Dr Mendota Heights Mn 55120 Diana Fisher 2573 Heritage Dr Mendota Heights Mn 55120 Dominique B & Susan Najjar 2476 Bridgeview Ct Mendota Heights Mn 55120-1600 Donald & Mary Kietzmann 2542 Concord Way Mendota Heights Mn 55120 Donald & Mary Kietzmann 2542 Concord Way Mendota Heights Mn 55120 Donald E & Marie A Matheson 2522 Wilshire Ct Mendota Heights Mn 55120-1706 Donald E & Marie A Matheson 2522 Wilshire Ct Mendota Heights Mn 55120-1706 Douglas H Gregg 2517 Wilshire Ct Mendota Heights Mn 55120 Douglas H Gregg 2517 Wilshire Ct Mendota Heights Mn 55120 page 131 Douglas J Newberg 731 Mohican Ct Mendota Heights Mn 55120-1632 Elaine Wagner 2545 Concord Way Mendota Heights Mn 55120 Elaine Wagner 2545 Concord Way Mendota Heights Mn 55120 Elfi Ehrlich Janssen 2516 Wilshire Ct Mendota Heights Mn 55120-1706 Elfi Ehrlich Janssen 2516 Wilshire Ct Mendota Heights Mn 55120-1706 Elizabeth A Christenson 2513 Concord Way Mendota Heights Mn 55120-1700 Elizabeth A Christenson 2513 Concord Way Mendota Heights Mn 55120-1700 Elizabeth M Collins 2487 Lockwood Dr Unit 56 Saint Paul Mn 55120-1745 Estelle M Brouwer 704 Apache Ln Mendota Heights Mn 55120-1647 Ez Lease and Lend Inc Po Box 75982 Saint Paul Mn 55175 Feifarek Family Trust 2540 Concord Way Mendota Heights Mn 55120 Feifarek Family Trust 2540 Concord Way Mendota Heights Mn 55120 Feifarek Family Trust 2540 Concord Way Mendota Heights Mn 55120 George W Perez 2522 Claremont Dr Mendota Heights Mn 55120-1726 Gheorghe Axinia 2490 Wilshire Ct Mendota Heights Mn 55120 Gheorghe Axinia 2490 Wilshire Ct Mendota Heights Mn 55120 Gregory M & Diane L Lothenbach 2473 Lockwood Dr Saint Paul Mn 55120-1743 Gregory N & Juana V Seivert 724 Mohican Ct Saint Paul Mn 55120-1632 Gregory P Tschann 687 Apache Ln Mendota Heights Mn 55120 Heather L Polski 2515 Concord Way Mendota Heights Mn 55120-1700 Heather L Polski 2515 Concord Way Mendota Heights Mn 55120-1700 Howard J Jr & Patric Abbott 2550 Claremont Dr Mendota Heights Mn 55120 Hubert Paul Phillipps 2539 Stockbridge Rd Saint Paul Mn 55120-1712 Independent School Dist 197 1897 Delaware Ave Mendota Heights Mn 55118 Independent School Dist 197 1897 Delaware Ave Mendota Heights Mn 55118 Inessa P Vigdorich 2546 Concord Way Mendota Heights Mn 55120-1701 Inessa P Vigdorovich 2546 Concord Way Mendota Heights Mn 55120-1701 Jacqueline A Blissenbach 2504 Concord Way Mendota Heights Mn 55120 Jacqueline A Blissenbach 2504 Concord Way Mendota Heights Mn 55120 Jacqueline O Huot 2472 Lockwood Dr Saint Paul Mn 55120-1743 page 132 James & Diane Tschida 2508 Concord Way Mendota Heights Mn 55120 James & Diane Tschida 2508 Concord Way Mendota Heights Mn 55120 James A Tste Geske 690 Apache Ln Mendota Heights Mn 55120 James D Child 2565 Heritage Dr Mendota Heights Mn 55120 James D Child 2565 Heritage Dr Mendota Heights Mn 55120 James M & Sally R McLaughlin 2480 Mendota Heights Cir Saint Paul Mn 55120-1690 James R & Beverly M Adams 2550 Concord Way Mendota Heights Mn 55120-1728 James R & Beverly M Adams 2550 Concord Way Mendota Heights Mn 55120-1728 James R & Beverly M Adams 2550 Concord Way Mendota Heights Mn 55120-1728 James R & M Kathleen Woods 2472 Hampshire Ct Saint Paul Mn 55120-1900 James R Lee 2515 Wishire Ct Mendota Heights Mn 55120 James R Lee 2515 Wishire Ct Mendota Heights Mn 55120 Jan Franco 2489 Lockwood Dr Saint Paul Mn 55120-1745 Jana B Tste Patrick 2536 Arbor Ct Mendota Heights Mn 55120 Jane I Kase 2547 Concord Way Mendota Heights Mn 55120 Jane I Kase 2547 Concord Way Mendota Heights Mn 55120 Jane M Landreville 2455 Bridgeview Ct Saint Paul Mn 55120-1610 Jane P Mitchell 2587 Heritage Dr Mendota Heights Mn 55120-1738 Jane P Mitchell 2587 Heritage Dr Mendota Heights Mn 55120-1738 Janet A Hawn 2524 Claremont Dr Mendota Heights Mn 55120 Jann Cronje 2572 Concord Way Mendota Heights Mn 55120 Jean M Kosowski 2554 Concord Way Mendota Heights Mn 55120-1728 Jean M Kosowski 2554 Concord Way Mendota Heights Mn 55120-1728 Jean Witson 2506 Claremont Dr Mendota Heights Mn 55120-1736 Jerome & Sandra Neavin 1573 Christensen Ave West Saint Paul Mn 55118 Jerome & Sandra Neavin 1573 Christensen Ave West Saint Paul Mn 55118 Jesse M Dheilly 2560 Concord Way Mendota Heights Mn 55120-1728 Jesse M Dheilly 2560 Concord Way Mendota Heights Mn 55120-1728 Joan R Lennon % Charles Lennon 1063 Chippewa Ave Mendota Heights Mn 55118 Joan R Lennon 2524 Wilshire Ct Mendota Heights Mn 55120-1706 page 133 Joann Frost 2526 Wilshire Ct Mendota Heights Mn 55120 Joann Frost 2526 Wilshire Ct Mendota Heights Mn 55120 Joanne & Jason M Tschida 2450 Bridgeview Ct Mendota Heights Mn 55120-1600 John A & Lillian E Larson 2537 Stockbridge Rd Saint Paul Mn 55120-1712 John F & Cathie Steiner 648 Hampshire Dr Saint Paul Mn 55120-1934 John M & Jill M Reamer 2489 Mendota Heights Cir Saint Paul Mn 55120-1690 John M Magnusson 2530 Claremont Dr Mendota Heights Mn 55120-1726 John P Kennelly 2571 Heritage Dr Unit 105 Mendota Heights Mn 55120 John P Kennelly 2571 Heritage Dr Unit 105 Mendota Heights Mn 55120 John R & Deborah L Katzmark 2461 Bridgeview Ct Saint Paul Mn 55120-1610 Jose S & Perla P Agpoon 1835 Pilgrim Pkwy Brookfield Wi 53005 Jose S & Perla P Agpoon 1835 Pilgrim Pkwy Brooksfield Wi 53005 Joseph D Tste Ritacco 2576 Concord Way Saint Paul Mn 55120-1741 Joseph J & Patricia Korman 2500 Claremont Dr Mendota Heights Mn 55120 Joseph L & Maxine L Caskinette 2504 Claremont Dr Mendota Heights Mn 55120-1736 Joseph Leuman 2581 Heritage Dr Mendota Heights Mn 55120 Joseph Leuman 2581 Heritage Dr Mendota Heights Mn 55120 Joseph Scott & Emily Childs 2381 Apache Ct Mendota Heights Mn 55120-1649 Julia M McBride-bibby 2597 Heritage Dr Mendota Heights Mn 55120 Julia M McBride-bibby 2597 Heritage Dr Mendota Heights Mn 55118 Kara A Sheehan 2527 Concord Way Mendota Heights Mn 55120 Kara A Sheehan 2527 Concord Way Mendota Heights Mn 55120 Karen J Anderson 2514 Wilshire Ct Mendota Heights Mn 55120-1706 Karen J Anderson 2514 Wilshire Ct Mendota Heights Mn 55120-1706 Karen J Bergstrom 2523 Wilshire Ct Mendota Heights Mn 55120-1706 Karen J Bergstrom 2523 Wilshire Ct Mendota Heights Mn 55120-1706 Karol H Baumeister 2470 Lockwood Dr Mendota Heights Mn 55120 Katherine Schwartz 2511 Concord Way Inver Grove Heights Mn 55120 Katherine Schwartz 2511 Concord Way Inver Grove Heights Mn 55120 Kathleen A Cheesebrough 2496 Wilshire Ct Mendota Heights Mn 55120-1706 page 134 Kathleen A Cheesebrough 2496 Wilshire Ct Mendota Heights Mn 55120-1706 Kathleen A Pope Po Box 130923 Saint Paul Mn 55113 Kathleen A Pope Po Box 130923 Saint Paul Mn 55113 Kathleen A Quitter 4210 Bridgewood Ter Vadnais Heights Mn 55127 Kathleen M Johnson 2526 Brookfield Ln Mendota Heights Mn 55120-1702 Kathleen M Johnson 2526 Brookfield Ln Mendota Heights Mn 55120-1702 Kathryn & Sean Doyle 700 Apache Ln Mendota Heights Mn 55120 Kendal A & Marlene G Fitzer 691 Apache Ln Saint Paul Mn 55120-1671 Kenneth K Kauffman 2467 Bridgeview Ct Saint Paul Mn 55120-1610 Kevin & Maureen Tste Lahr 2384 Apache Ct Saint Paul Mn 55120-1684 Krista J Isley 2543 Stockbridge Rd Mendota Heights Mn 55120 Kundai Mtunga 2575 Heritage Dr Mendota Heights Mn 55120-1667 Kundai Mtunga 2575 Heritage Dr Mendota Heights Mn 55120-1667 Kundai Mtunga 2575 Heritage Dr Mendota Heights Mn 55120-1667 Laurel T Boerger 2563 Heritage Dr Mendota Heights Mn 55120-1737 Laurel T Boerger 2563 Heritage Dr Mendota Heights Mn 55120-1737 Lawrence & Rienalda Lucio 2475 Lockwood Dr Saint Paul Mn 55120-1743 Leslie A McCormick 2595 Heritage Dr Mendota Heights Mn 55120-1738 Leslie A McCormick 2595 Heritage Dr Mendota Heights Mn 55120-1738 Linda M Strommer 2510 Wilshire Ct Mendota Heights Mn 55120 Linda M Strommer 2510 Wilshire Ct Mendota Heights Mn 55120 Linda M Strommer 2510 Wilshire Ct Mendota Heights Mn 55120 Lynne M Roe 2459 Hampshire Ct Saint Paul Mn 55120-1900 Margaret I Woods 694 Apache Ln Saint Paul Mn 55120-1648 Margaret J Soshnik 2534 Wilshire Ct Mendota Heights Mn 55120 Margaret J Soshnik 2534 Wilshire Ct Mendota Heights Mn 55120 Margaret M Sanchez 2523 Concord Way Mendota Heights Mn 55120-1700 Margaret M Sanchez 2523 Concord Way Mendota Heights Mn 55120-1700 Maria Alejandra Hall 2492 Wilshire Ct Mendota Heights Mn 55120 Maria Alejandra Hall 2492 Wilshire Ct Mendota Heights Mn 55120 page 135 Maria Alejandra Hall 2492 Wilshire Ct Mendota Heights Mn 55120 Marilyn E Cornman 2512 Wilshire Ct Mendota Heights Mn 55120 Marilyn E Cornman 2512 Wilshire Ct Mendota Heights Mn 55120 Marilyn J Robinson Po Box 398078 Edina Mn 55439 Marilyn J Robinson Po Box 398078 Edina Mn 55439 Marilyn K Siemers 2561 Heritage Dr Mendota Heights Mn 55120 Marilyn K Siemers 2561 Heritage Dr Mendota Heights Mn 55120 Marvin David Kauffman 636 Hampshire Dr Saint Paul Mn 55120-1933 Mary G & James R Dietz 7623 W Starry Night Ln Tucson Az 85743 Mary G & James R Dietz 7623 W Starry Night Ln Tucson Az 85743 Mary L Tully 2486 Lockwood Dr Saint Paul Mn 55120-1745 Mary M Fuller 2548 Claremont Dr Mendota Heights Mn 55120 Mary T Maher 2520 Wilshire Ct Mendota Heights Mn 55120-1706 Mary T Maher 2520 Wilshire Ct Mendota Heights Mn 55120-1706 Maureen Bausch 750 Havenview Ct Mendota Heights Mn 55120 Maureen D Wintz Higgins 2485 Lockwood Dr Mendota Heights Mn 55120 Maxine Stoven Grout 2530 Brookfield Ln Mendota Heights Mn 55120-1702 Maxine Stoven Grout 2530 Brookfield Ln Mendota Heights Mn 55120-1702 Maxine West 2517 Concord Way Mendota Heights Mn 55120-1700 Maxine West 2517 Concord Way Mendota Heights Mn 55120-1700 Maxine West 2517 Concord Way Mendota Heights Mn 55120-1700 Michael G Ernst 732 Mohican Ct Mendota Heights Mn 55120-1632 Michel A Pleau 5332 Upper 147th St W Apple Valley Mn 55124 Michele F Kvikstad 2462 Hampshire Ct Mendota Heights Mn 55120-1900 Michelle A McMullen 2570 Concord Way Saint Paul Mn 55120-1741 Mollie A Oconnor 2494 Wilshire Ct Mendota Heights Mn 55120-1706 Mollie A Oconnor 2494 Wilshire Ct Mendota Heights Mn 55120-1706 Mollie Melemed 2470 Bridgeview Ct Mendota Heights Mn 55120 Monica L Ramstad 2520 Brookfield Ln Mendota Heights Mn 55120-1702 Monica L Ramstad 2520 Brookfield Ln Mendota Heights Mn 55120-1702 page 136 Monica L Ramstad 2520 Brookfield Ln Mendota Heights Mn 55120-1702 Nikolas Patronas 646 Pond View Ter Mendota Heights Mn 55120 Orland G & M Gloria Rasmussen 2484 Lockwood Dr Saint Paul Mn 55120-1745 Patricia K Delebo 650 Pond View Ter Mendota Heights Mn 55120 Patricia M Rabuse 2566 Concord Way Mendota Heights Mn 55120-1728 Patricia M Rabuse 2566 Concord Way Mendota Heights Mn 55120-1728 Patrick Benedict Rev Cleary 5908 Bradbury Ct Inver Grove Heights Mn 55076 Paul Kirkwood Snyder 1206 102nd St W Inver Grove Heights Mn 55077-4702 Paulette M Cameron 2577 Heritage Dr Mendota Heights Mn 55120 Paulette M Cameron 2577 Heritage Dr Mendota Heights Mn 55120 Peter A & Mary C Tst Bretzman 641 Hampshire Dr Mendota Heights Mn 55120 Philip E & Margaret Johnson 2458 Bridgeview Ct Saint Paul Mn 55120-1600 Ralph B Kirshbaum 2541 Concord Way Mendota Heights Mn 55120 Ralph B Kirshbaum 2541 Concord Way Mendota Heights Mn 55120 Ralph B Kirshbaum 2541 Concord Way Mendota Heights Mn 55120 Ramaiah & Vimala D Muthyala 699 Apache Ln Saint Paul Mn 55120-1671 Randall A & Karen J Johnson 2456 Hampshire Ct Saint Paul Mn 55120-1900 Randy L & Cynthia Vindedahl 648 Pond View Terr Saint Paul Mn 55120-1929 Richard & Constance Summers 2499 Lockwood Dr Mendota Heights Mn 55120 Richard B and Diana Odea 2468 Hampshire Ct Saint Paul Mn 55120-1900 Richard E Carlson 2585 Heritage Dr Mendota Heights Mn 55120-1738 Richard E Carlson 2585 Heritage Dr Mendota Heights Mn 55120-1738 Richard G & Pamela J Kunkel 705 Apache Ln Mendota Heights Mn 55120-1670 Richard J & Barbara Gabriel 670 Apache Ln Saint Paul Mn 55120-1648 Richard J Jr Williams 2501 Lockwood Dr Mendota Heights Mn 55120 Robert & Olga Grun 645 Hampshire Dr Saint Paul Mn 55120-1935 Robert E & Sheryl Leverton 735 Mohican Ct Saint Paul Mn 55120-1632 Rochelle Hood 2502 Claremont Dr Mendota Heights Mn 55120 Rochelle M Emmel 2541 Stockbridge Rd Saint Paul Mn 55120-1712 Roger J Cornetto 723 Mohican Ct Saint Paul Mn 55120-1632 page 137 Sally Y Revocable Tr Cohen 2545 Stockbridge Rd Mendota Heights Mn 55120 Sandra R Aaron 2525 Concord Way Mendota Heights Mn 55120 Sandra R Aaron 2525 Concord Way Mendota Heights Mn 55120 Sandra R Aaron 2525 Concord Way Mendota Heights Mn 55120 Sara Lynn Frank 2540 Claremont Dr Mendota Heights Mn 55120 Sharon L Koll 2508 Claremont Dr Saint Paul Mn 55120-1736 Sheelagh Frost Russell 2521 Wilshire Ct Mendota Heights Mn 55120 Sheelagh Frost Russell 2521 Wilshire Ct Mendota Heights Mn 55120 Sheryl A Helgemoe 2477 Lockwood Dr Saint Paul Mn 55120-1743 Simon J III & Susan Blattner 1341 Greenwillow Ln Unit G Glenview Il 60025 Simon J III & Susan Blattner 1341 Greenwillow Ln Unit G Glenview Il 60025 Simon J III & Susan Blattner 1341 Greenwillow Ln Unit G Glenview Il 60025 Stephen G & Michele Haigh 2490 Mendota Heights Cir Saint Paul Mn 55120-1690 Steve & Susan Graner 2524 Brookfield Ln Mendota Heights Mn 55118 Steve & Susan Graner 2524 Brookfield Ln Mendota Heights Mn 55118 Steve Chortek 2499 Mendota Heights Cir Mendota Heights Mn 55120 Steven & Deirdre Gollinger 686 Apache Ln Saint Paul Mn 55120-1648 Steven A Mager 729 Mohican Ct Saint Paul Mn 55120-1632 Steven C & Cynthia Nelson 666 Apache Ln Saint Paul Mn 55120-1648 Steven M Brielmaier 2546 Claremont Dr Mendota Heights Mn 55120 Sunny Andriy Chen 2537 Concord Way Mendota Heights Mn 55120 Sunny Andriy Chen 2537 Concord Way Mendota Heights Mn 55120 Sunny Andriy Chen 2537 Concord Way Mendota Heights Mn 55120 Susan L Gabel 2482 Lockwood Dr Saint Paul Mn 55120-1743 Sylvia Jean Cook 2526 Claremont Dr Saint Paul Mn 55120-1726 Thomas Alton 2500 Mendota Heights Cir Saint Paul Mn 55120-1690 Thomas C & Kathryn H Kidd 2478 Lockwood Dr Mendota Heights Mn 55120-1743 Thomas C & Marsha A Knuth 740 Mohican Ct Mendota Heights Mn 55120-1632 Thomas J & Ellen M Engquist 2542 Claremont Dr Saint Paul Mn 55120-1725 Thomas J Sr Tstee Spaniol 2471 Lockwood Dr Mendota Heights Mn 55120 page 138 Thomas K Perry 737 Mohican Ct Saint Paul Mn 55120-1632 Thomas P & Marian M Niemiec 2525 Wilshire Ct Mendota Heights Mn 55120 Thomas P & Marian M Niemiec 2525 Wilshire Ct Mendota Heights Mn 55120 Thomas P & Marian M Niemiec 2525 Wilshire Ct Mendota Heights Mn 55120 Tim J Oskey 671 Apache Ln Mendota Heights Mn 55120 Todd A & Melissa S Wickard 760 Havenview Ct Saint Paul Mn 55120-1800 Townhomes of Kensington Cond Assoc 14800 Galaxie Ave Ste 105 Apple Valley Mn 55124 Vicki L Larson 2531 Concord Way Mendota Heights Mn 55120-1701 Vicki L Larson 2531 Concord Way Mendota Heights Mn 55120-1701 William M & Debra A Wardwell 2464 Bridgeview Ct Mendota Heights Mn 55120-1600 Wn Jr & Mary Ellen Kappes 683 Apache Ln Saint Paul Mn 55120-1671 page 139 page 140 page 141 Request for City Council Action MEETING DATE: June 7, 2016 TO: Mayor and City Council, City Administrator FROM: Nolan Wall, AICP – Planner SUBJECT: Resolution Approving a Variance at 2165 Timmy Street COMMENT: Introduction The applicant is seeking to reconstruct a deck onto an existing single-family dwelling and requires a variance from the side yard setback requirements in the R-1 Zoning District. Background The subject parcel is 14,914 square feet and contains an existing single-family residential dwelling with a side-loaded attached garage on the corner of Timmy Street and Cullen Avenue. A previous property owner constructed the existing deck approximately 2.5 feet from the northern property boundary line in the side/rear yard, which is non-compliant with the required side yard setback standard. Since the deck is proposed to be demolished and reconstructed, the applicant is required to seek the appropriate approvals necessary for any proposed encroachments into the required setback areas. The applicant proposes to reconstruct the deck 4 feet into the side yard for 35 feet in length, which requires a 3-foot variance and significantly reduces the existing encroachment. Staff contends the portion of the proposed deck that serves as a walkway to access the rear yard can be further reduced and that no variance is necessary for the proposed deck that extends into the rear yard. Staff recommended the width be reduced to 3 feet, which is the minimum width required by the Building Code and is consistent with recent approvals for similar requests. However, the Planning Commission recommended approval of the 4-foot-wide walkway with staff’s condition that the encroachment only extend 4 feet from the corner of the dwelling. The Planning Commission conducted a public hearing at the May 24 meeting; there were no public comments. Discussion The City is using its quasi-judicial authority when considering action on subdivision and zoning requests and has limited discretion; a determination regarding whether or not the request meets the applicable code standards is required. Budget Impact N/A page 142 Recommendation The Planning Commission recommended approval of the request, with conditions, as described in Planning Case 2016-12. If the City Council desires to implement the recommendation, pass a motion adopting RESOLUTION 2016-47 APPROVING A VARIANCE AT 2165 TIMMY STREET. Action Required This matter requires a simple majority vote. page 143 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2016-47 RESOLUTION APPROVING A VARIANCE AT 2165 TIMMY STREET WHEREAS, Richard Dugan has applied for a variance as proposed in Planning Case 2016-12 and described in Exhibit A; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this matter at their regular meeting on May 24, 2016. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the variance request as proposed in Planning Case 2016-12 is hereby approved with the following findings of fact: 1. Construction of the proposed deck/walkway within the required setback to access the side yard and compliant deck structure in the rear yard, through an existing above-grade patio door, is a reasonable use of the property and meets the purpose and intent of the City Code and Comprehensive Plan. 2. Due to the subject parcel’s existing conditions, a practical difficulty is demonstrated in order to construct a walkway/landing within the required side yard setback to access a compliant deck structure from within the existing dwelling and provide safe access to the side yard. 3. As proposed, the request would significantly reduce the existing encroachment and would not allow for useable deck space in the side yard or negatively impact the essential character of the neighborhood. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the variance request as proposed in Planning Case 2016-12 is hereby approved with the following conditions: 1. The proposed encroachment shall extend no further than four feet from the northwest corner of the existing dwelling to provide access to the compliant portion of the proposed deck in the rear yard. 2. Within one year of approval by the City Council, the applicant shall obtain a building permit for construction of the deck. Adopted by the City Council of the City of Mendota Heights this seventh day of June, 2016. CITY COUNCIL CITY OF MENDOTA HEIGHTS _____________________________ Sandra Krebsbach, Mayor ATTEST: ______________________________ Lorri Smith, City Clerk page 144 Planning Staff Report DATE: May 24, 2016 TO: Planning Commission FROM: Nolan Wall, AICP – Planner SUBJECT: Planning Case 2016-12 Variance APPLICANT: Richard Dugan PROPERTY ADDRESS: 2165 Timmy Street ZONING/GUIDED: R-1 One-Family Residential/LR-Low Density Residential ACTION DEADLINE: June 21, 2016 DESCRIPTION OF THE REQUEST The applicant is seeking to reconstruct a deck onto an existing single-family dwelling and requires a variance from the side yard setback requirements in the R-1 Zoning District. BACKGROUND The subject parcel is 14,914 square feet and contains an existing single-family residential dwelling with a side-loaded attached garage constructed in 1976 on the corner of Timmy Street and Cullen Avenue. A previous property owner constructed a deck wrapping around the northwest corner of the existing dwelling into the side and rear yards. Based on information provided by the applicant, the existing deck is located approximately 2.5 feet from the northern property boundary line in the side/rear yard and is therefore non-compliant with the required side yard setback standard. Since the deck is proposed to be demolished and reconstructed, the applicant is required to seek the appropriate approvals necessary for any proposed encroachments into the required setback areas. ANALYSIS Comprehensive Plan The subject parcel is guided LR-Low Density Residential in the 2030 Comprehensive Plan. The applicant’s request to reconstruct an existing deck on the property is consistent with the continued use as a single- family residential dwelling. Variance According to Title 12-1E-3-D-3-A of the City Code, the side yard setback standard for the R-1 District is: page 145 10' on each side or 1/2 of the height of the structure contiguous to the side yard, whichever is greater, to a maximum of 15' In this case, the existing/proposed deck is located off the dwelling’s main level and is bound by the 10-foot minimum side yard setback standard. As a result, the existing non-conforming deck is subject to the following provision, as in Title 12-1D-1-A of the City Code: Continuance Of Nonconforming Use, Structure Or Land: Any structure or use lawfully existing upon the effective date of this chapter may be continued at the size and in a manner of operation existing upon such date except as hereinafter specified. According to the applicant, the existing dwelling is located 11 feet from the north property boundary line and contains a patio door opening into the side yard to access the portion of the deck extending into the rear yard. The existing deck extends 8.5 feet from the dwelling into the side yard. The proposed deck would extend 4 feet into the side yard for 35 feet in length, which requires a 3-foot variance. When considering the variance request for the proposed deck in this case, the City is required to find that: 1. The request is in harmony with the general purposes and intent of the ordinance and comprehensive plan and the applicant proposes to use the property in a reasonable manner. The applicant’s desire to reconstruct a deck onto the existing single-family dwelling is a reasonable use of the property and consistent with the Comprehensive Plan. The existing dwelling has an above-grade patio door intended to provide access to the side yard. The portion of the proposed deck encroaching into the side yard is intended only to be used as a walkway for accessing the compliant portion of the deck in the rear yard. The purpose of the side yard setback standard is to discourage crowding and maintain open space between dwellings. As a result of the reduced encroachment and existing conditions, the intent of the side yard setback standard is met. 2. The applicant establishes there are practical difficulties with complying with the ordinance due to circumstances that are unique to the property which are not created by the applicant or based on economic considerations. According to the applicant, the existing dwelling and deck were constructed by a previous property owner. The subject parcel is a corner lot and is just under the R-1 District’s 15,000-square foot minimum lot size. Due to the increased side yard setback required for corner lots along rights-of-way, it is assumed that the existing dwelling was constructed as far to the north as possible. As a result, a practical difficulty exists to access the proposed rear yard deck through the existing above-ground patio door in compliance with the side yard setback requirements. Staff contends the portion of the proposed deck that serves as a 4-foot walkway to access the rear yard portion of the deck can be further reduced and that no variance is necessary for the proposed deck that extends off the west side of the dwelling into the rear yard. According to the Building Code, 3 feet is the minimum width of a landing required for a walkway. As a result, staff recommends the width be reduced to that standard and that no portion of the proposed deck can extend further than 3 feet from the northwest corner of the existing dwelling. Attached is a revised site plan depicting staff’s recommendation for consideration by the Planning Commission. 3. The request will not alter the essential character of the neighborhood. The reconstructed deck/walkway proposed to encroach into the required side yard abuts the adjacent property’s side yard to the north, which also appears to be constructed at or near the 10-foot setback. As proposed, the 4-foot-wide walkway is intended only to provide access to the rear yard portion of the deck and will not negatively impact the neighboring property due to the proposed reduced encroachment and limited-use capabilities. page 146 ALTERNATIVES 1. Recommend approval of the 3-foot variance request proposed by the applicant, based on the attached finding of fact, with conditions. OR 2. Recommend approval of the 2-foot variance proposed by staff, based on the attached findings of fact, with conditions. OR 3. Recommend denial of the variance request, based on the finding(s) of fact determined by the Planning Commission and/or City Council. OR 4. Table the request and direct staff to extend the application review period an additional 60 days, in compliance with MN STAT. 15.99. STAFF RECOMMENDATION Staff recommends approval of the 2-foot variance request to allow construction of a 3-foot-wide walkway from the existing patio door to access the side yard and compliant portion of the proposed deck in the rear yard, based on the attached findings of fact (Alternative 2), with the following conditions: 1. The proposed encroachment shall extend no further than three feet from the northwest corner of the existing dwelling to provide access to the compliant portion of the proposed deck in the rear yard. 2. Within one year of approval by the City Council, the applicant shall obtain a building permit for construction of the deck. MATERIALS INCLUDED FOR REVIEW 1. Aerial site map 2. Revised site plan depicting staff’s recommendation 3. Planning applications, including supporting materials page 147 FINDINGS OF FACT FOR APPROVAL Variance Request 2165 Timmy Street The following Findings of Fact are made in support of approval of the variance request in this case: 1. Construction of the proposed deck/walkway within the required setback to access the side yard and compliant deck structure in the rear yard, through an existing above-grade patio door, is a reasonable use of the property and meets the purpose and intent of the City Code and Comprehensive Plan. 2. Due to the subject parcel’s existing conditions, a practical difficulty is demonstrated in order to construct a walkway/landing within the required side yard setback to access a compliant deck structure from within the existing dwelling and provide safe access to the side yard. 3. As proposed, the request would significantly reduce the existing encroachment and would not allow for useable deck space in the side yard or negatively impact the essential character of the neighborhood. page 148 150 130 80110100 6031125 351891851002165 2155 1071 2154 10621068 TIMMY STCULLEN AVE Planning Case 2016-122165 Timmy Street City of Mendota Heights025 SCALE IN FEETDate: 5/13/2016 GIS Map Disclaimer:This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat,survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information containedin this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errorsor omissions herein. If discrepancies are found, please contact the City of Mendota Heights. Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation. Existing Encroachment page 149 page 150 page 151 page 152 page 153 page 154 page 155 page 156 Aaron Menza 1053 Wagon Wheel Trl Mendota Heights Mn 55120 Barry W & Diane M Bicanich 2145 Timmy St Saint Paul Mn 55120-1313 Beatrice H Tste Langford 2138 Theresa St Saint Paul Mn 55120-1308 Christopher & Demetr Canavati 2166 Timmy St Mendota Heights Mn 55120-1667 City of Mendota Heights 1101 Victoria Curv Saint Paul Mn 55118-4167 City of Mendota Heights 1101 Victoria Curv Saint Paul Mn 55118-4167 Dean Hobbs 1057 Wagon Wheel Trl Mendota Heights Mn 55120-1319 Dennis Zoff 2150 Lexington Ave S Saint Paul Mn 55120-1210 Edward R Tste Sutich 1071 Cullen Ave Mendota Heights Mn 55120 Eric & Joy M Ostrem 2151 Theresa St Saint Paul Mn 55120-1309 Gregory J & Mary A Bailey 2132 Theresa St Saint Paul Mn 55120-1308 John J & Sharon R Liska 2160 Timmy St Saint Paul Mn 55120-1312 Justin R & Valerie K Jongbloedt 1096 Cullen Ave Mendota Heights Mn 55120 Justin R & Valerie K Jongbloedt 1096 Cullen Ave Mendota Heights Mn 55120 Karen Lee Johnson 2158 Lexington S Saint Paul Mn 55120-1210 Maria E Calderon 6406 E Blanche Dr Scottsdale Az 85254 Matthew C & Meghan K Mohs 2140 Timmy St Saint Paul Mn 55120-1312 Michael A & Shannon Parkos 1062 Cullen Ave Mendota Heights Mn 55120 Michael E Lucente 2135 Timmy St Mendota Heights Mn 55120 Michael T & Carolyn Pilney 2154 Theresa St Saint Paul Mn 55120-1308 Morris J Allen 2161 Theresa St Saint Paul Mn 55120-1309 Paul M & Bridget A Glaser 2125 Timmy St Mendota Heights Mn 55120 Richard F Skrivanek 2155 Timmy St Saint Paul Mn 55120-1313 Richard F Tste Dugan 2165 Timmy St Saint Paul Mn 55120-1313 Richard W & Anne M Post 1090 Cullen Ave Saint Paul Mn 55120-1301 Rosemary E Mossberg 2150 Timmy St Saint Paul Mn 55120-1312 Samuel R Shepard 2141 Theresa St Saint Paul Mn 55120-1309 Shirley M Hetherington 2144 Theresa St Saint Paul Mn 55120-1308 Steve & Jodi Lowary 1098 Cullen Ave Mendota Heights Mn 55120 Thomas T & Marlys J Palmer 1050 Williams Ct Mendota Heights Mn 55120-1302 page 157 Timothy E & Anne S McQuillan 2130 Timmy Ave Mendota Heights Mn 55120 U S West Inc % Centurylink Property Tax Dept Po Box 7909 Overland Park Ks 66207 page 158 page 159 page 160 Request for City Council Action MEETING DATE: June 7, 2016 TO: Mayor and City Council, City Administrator FROM: Nolan Wall, AICP – Planner SUBJECT: Resolution Approving a Lot Split and Variance at 810/804 Ridge Place COMMENT: Introduction The applicants are seeking approval to subdivide an undeveloped portion of 810 Ridge Place to be combined with 804 Ridge Place. The request requires City Council approval before being recorded by Dakota County. In addition, a variance is necessary to create a parcel that is non-conforming with the required minimum lot width standard for the applicable zoning district. Background The property owners of 810 Ridge Place are requesting approval to split a 1.95-acre parcel to sell to the property owner at 804 Ridge Place in order to control the view-shed behind the property. The subject parcels will maintain the existing side yard setbacks along the interior side lot line and existing lot widths along Ridge Place. If approved, the property in-question will be combined into 804 Ridge Place and is not intended to be developed at this time. The proposed lot split would create a temporary non-conformity with the R-1 District’s lot width standard since it would have no frontage on a dedicated right-of-way. The Planning Commission conducted a public hearing at the May 24 meeting; there were no public comments. Discussion The City is using its quasi-judicial authority when considering action on subdivision and zoning requests and has limited discretion; a determination regarding whether or not the request meets the applicable code standards is required. Budget Impact N/A Recommendation The Planning Commission recommended the City Attorney give an opinion as to what recourse may be available if the lot lines are not dissolved and incorporated into the property in the time allocated in Condition #1 (by October 31, 2016). According to the City Attorney, the city has the right to enforce the condition in compliance with any City Council approval. No additional conditions are recommended. The Planning Commission recommended approval of the requests, with conditions, as described in Planning Case 2016-13. If the City Council desires to implement the recommendation, pass a motion adopting page 161 RESOLUTION 2016-48 APPROVING A LOT SPLIT AND VARIANCE AT 810 AND 804 RIDGE PLACE. Action Required This matter requires a simple majority vote. page 162 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2016-48 RESOLUTION APPROVING A LOT SPLIT AND VARIANCE AT 810 AND 804 RIDGE PLACE WHEREAS, Scott/Nancy Knowlton and John Steenberg have applied for a lot split and variance as proposed in Planning Case 2016-13 and described in Exhibit A; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this matter at their regular meeting on May 24, 2016. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the lot split and variance requests as proposed in Planning Case 2016-13 are hereby approved with the following findings of fact: 1. The proposed subdivision request meets the purpose and intent of the City Code and is consistent with the Comprehensive Plan. 2. The property in-question is not proposed to be split in order to create an additional buildable lot. 3. The temporary non-conformity created by the proposed subdivision will be eliminated once the property in-question is combined and dissolved by the property owner of Lot 7. 4. The proposed subdivision ensures that Lot 7 has ownership of the existing view-shed, without constraining potential future improvements into the rear and side yards on Lot 6. 5. The proposed subdivision will have no visual impacts on the existing conditions of either property and the new interior side lot line configuration will provide an alignment that is consistent with the parcels to the north along Ridge Place. 6. Approval of the requests will not negatively impact the essential character of the neighborhood. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the lot split and variance requests as proposed in Planning Case 2016-13 are hereby approved with the following conditions: 1. Upon closing on the sale of the property in-question, and no later than October 31, 2016, the property owner shall be required to combine and dissolve the property into Lot 7 (804 Ridge Place). 2. The applicants shall dedicate the required drainage and utility easements along the new interior side lot line, as shown on the Certificate of Survey included in the application materials, with Dakota County. Adopted by the City Council of the City of Mendota Heights this seventh day of June, 2016. CITY COUNCIL CITY OF MENDOTA HEIGHTS _____________________________ Sandra Krebsbach, Mayor ATTEST: ______________________________ Lorri Smith, City Clerk page 163 EXHIBIT A Legal Description PID: 27-71051-00-060 Sommerset Hills No. 2 Lot 6 PID: 27-71051-00-070 Sommerset Hills No. 2 Lot 7 page 164 Planning Staff Report DATE: May 24, 2016 TO: Planning Commission FROM: Nolan Wall, AICP – Planner SUBJECT: Planning Case 2016-13 Lot Split and Variance APPLICANT: Scott and Nancy Knowlton/John Steenberg PROPERTY ADDRESS: 810/804 Ridge Place ZONING/GUIDED: R-1 One-Family Residential/LR-Low Density Residential ACTION DEADLINE: June 21, 2016 DESCRIPTION OF THE REQUEST The applicants are seeking approval to subdivide an undeveloped portion of 810 Ridge Place to be combined with 804 Ridge Place. The request requires City Council approval before being recorded by Dakota County. In addition, a variance is necessary to create a parcel that is non-conforming with the required minimum lot width standard for the applicable zoning district. BACKGROUND The property owners of 810 Ridge Place (Sommerset Hills No. 2, Lot 6) are requesting approval to split a 1.95-acre parcel to sell to the property owner at 804 Ridge Place (Sommerset Hills No. 2, Lot 7) in order to control the view-shed behind the property. The subject parcels will maintain the existing side yard setbacks along the interior side lot line and existing lot widths along Ridge Place. Since the entirety of the existing lot line is not being adjusted, the proposal is considered a lot split and not a lot line adjustment. If approved, the property in-question will be combined into Lot 7 and is not intended to be developed at this time. ANALYSIS Comprehensive Plan The subject parcels are guided LR-Low Density Residential in the 2030 Comprehensive Plan. The request to split a portion of an existing single-family residential parcel for purposes of combination with an adjacent parcel of the same use is consistent with the continued use of both parcels as low density residential uses. Lot Split Title 11-3-2 of the City Code (Subdivision Ordinance) allows the subdivision of parcels, provided that the resulting lots are compliant with the requirements of the applicable zoning district. As shown in the table page 165 below based on the attached survey, the proposed lot split would create a temporary non-conformity with the R-1 District’s minimum lot width standard: R-1 District Proposed Parcel Lot 6 (810 Ridge Place) Lot 7 (804 Ridge Place) Standard Existing Proposed Existing Proposed Existing Proposed Lot Area 15,000 SF (0.34 acres) N/A 1.95 acres 3.81 acres 1.86 acres 4.81 acres 6.76 acres Lot Width1 100 ft. N/A 0 ft. – no frontage 124.30 ft. 163.70 ft. 1The maximum horizontal distance between the side lot lines of a lot measured within the first thirty feet (30') of the lot depth. Every lot must have the minimum frontage as required in the zoning ordinance on a city approved street other than an alley. In order to ensure the non-conformity created by the proposed lot split is eliminated within a reasonable amount of time, a condition of approval is included requiring the private property owner to combine and dissolve the newly-created parcel by October 31, 2016. Variance When considering the variance for the proposed subdivision request in this case, the City is required to find that: 1. The request is in harmony with the general purposes and intent of the ordinance and comprehensive plan and the applicant proposes to use the property in a reasonable manner. The request to subdivide a portion of private, undeveloped residential property in order to be combined and dissolved into the adjacent private residential property is a reasonable use of both properties. While the request will create a temporary non-conformity, the end result will have no impacts on the existing lot widths or side yard setbacks. 2. The applicant establishes there are practical difficulties with complying with the ordinance due to circumstances that are unique to the property which are not created by the applicant or based on economic considerations. The property in-question does not have any frontage on a dedicated right-of-way, as required by the City Code, and is not intended to create an additional buildable lot. Due to the topography and orientation to the street, the existing dwelling on Lot 7 looks out over the rear yard of Lot 6. The proposed subdivision ensures that Lot 7 has ownership of the existing view-shed, without constraining potential future improvements into the rear and side yards on Lot 6. Based on the existing conditions, a practical difficulty in subdividing the property in-question in order to combine and dissolve into the adjacent private property, in compliance with the applicable zoning standards, is demonstrated. 3. The request will not alter the essential character of the neighborhood. The proposed lot split will have no visual impacts on the existing conditions of either property. The new interior side lot line configuration will provide for an east/west alignment that is consistent with the parcels to the north along Ridge Place and will not alter the essential character of the neighborhood. ALTERNATIVES 1. Recommend approval of the subdivision and variance requests, based on the attached finding of fact, with conditions. OR page 166 2. Recommend denial of the subdivision and variance requests, based on the finding(s) of fact determined by the Planning Commission and/or City Council. OR 3. Table the request and direct staff to extend the application review period an additional 60 days, in compliance with MN STAT. 15.99. STAFF RECOMMENDATION Staff recommends approval of the subdivision and variance requests, based on the attached findings of fact (Alternative 1), with the following conditions: 1. Upon closing on the sale of the property in-question, and no later than October 31, 2016, the property owner shall be required to combine and dissolve the property into Lot 7 (804 Ridge Place). 2. The applicants shall dedicate the required drainage and utility easements along the new interior side lot line, as shown on the Certificate of Survey included in the application materials, with Dakota County. MATERIALS INCLUDED FOR REVIEW 1. Aerial site map 2. Planning applications, including supporting materials page 167 FINDINGS OF FACT FOR APPROVAL Lot Split and Variance Requests 810/804 Ridge Place The following Findings of Fact are made in support of approval of the variance request in this case: 1. The proposed subdivision request meets the purpose and intent of the City Code and is consistent with the Comprehensive Plan. 2. The property in-question is not proposed to be split in order to create an additional buildable lot. 3. The temporary non-conformity created by the proposed subdivision will be eliminated once the property in-question is combined and dissolved by the property owner of Lot 7. 4. The proposed subdivision ensures that Lot 7 has ownership of the existing view-shed, without constraining potential future improvements into the rear and side yards on Lot 6. 5. The proposed subdivision will have no visual impacts on the existing conditions of either property and the new interior side lot line configuration will provide an alignment that is consistent with the parcels to the north along Ridge Place. 6. Approval of the requests will not negatively impact the essential character of the neighborhood. page 168 820509 500404390224 1841751651 3 2 123412 1 1 0 16014510067 3 0 7 346 246 232 130 222 158 3483004413110175 13804 810 816 800 789 790 1940 1919822 HWY 110 RIDG E P L WACHTLER AVE828 830832834 836 838840846 844 848852850 842 826 8548568588608628248648228668688708728748768 7 8 8208808828 8 4 856 862858866 868862 854 828852 860864 Planning Case 2016-13810-804 Ridge Place City of Mendota Heights0100 SCALE IN FEETDate: 5/2/2016 GIS Map Disclaimer:This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat,survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information containedin this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errorsor omissions herein. If discrepancies are found, please contact the City of Mendota Heights. Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation. page 169 page 170 page 171 page 172 page 173 page 174 page 175 page 176 page 177 Looking Southwest from 804 Ridge Place Looking West from 804 Ridge Place page 178 Looking Northwest from 804 Ridge Place page 179 Carl Richard Guiton 822 Ridge Pl Mendota Heights Mn 55118-4304 Carol A & James J Weisebecker 1910 Wachtler Ave Mendota Heights Mn 55118 Charles J Townsend 1919 Wachtler Ave Mendota Heights Mn 55118-4333 City of Mendota Heights 1101 Victoria Curv Saint Paul Mn 55118-4167 City of Mendota Heights 1101 Victoria Curv Saint Paul Mn 55118-4167 City of Mendota Heights 1101 Victoria Curv Saint Paul Mn 55118-4167 David A & Margaret A Boyum 1940 Wachtler Ave Saint Paul Mn 55118-4332 David C Mandt 825 Ridge Pl Saint Paul Mn 55118-4304 Gerard A & Leona Jenniges 800 Ridge Pl Saint Paul Mn 55118-4304 Jeffrey D & Maureen Wilke 781 Ridge Pl Saint Paul Mn 55118-4327 John D Steenberg 804 Ridge Pl Mendota Heights Mn 55118 John G & Joan Hagman 816 Ridge Pl Saint Paul Mn 55118-4304 John J & Kristie Vanbogart 1920 Wachtler Ave Mendota Heights Mn 55118-4332 Marjorie R Tste Minea 772 Ridge Pl Saint Paul Mn 55118-4339 Mark M & Sara M Gergen 1900 Oak St Mendota Heights Mn 55118 Maureen K Haggerty 790 Ridge Pl Mendota Heights Mn 55118-4339 Mendakota Country Club Inc 2075 Mendakota Dr Saint Paul Mn 55120-1300 Michael W Maczko 872 Crown Cir Mendota Heights Mn 55118-4219 Northern States Power Co % Property Tax Department 414 Nicollet Mall Minneapolis Mn 55401 Patrick Jr & Billie McQuillan 1909 Wachtler Saint Paul Mn 55118-4333 Samuel M & Juneth E Joy 828 Ridge Pl Saint Paul Mn 55118-4304 Scott K & Nancy K Knowlton 810 Ridge Pl Saint Paul Mn 55118-4304 Tc Country Club Inc 2075 Mendakota Dr Mendota Heights Mn 55120-1335 page 180 page 181 page 182 Request for City Council Action MEETING DATE: June 7, 2016 TO: Mayor and City Council, City Administrator FROM: Nolan Wall, AICP – Planner SUBJECT: Resolution Approving a Variance at 2305 Apache Street COMMENT: Introduction The applicant is seeking to demolish and reconstruct an addition to an existing single-family dwelling and requires a variance from the side yard setback requirements in the R-1 Zoning District. Background The subject parcel contains an existing single-family residential dwelling with an attached garage. A previous property owner constructed an addition onto the back of garage/side of the house, near the southern property boundary line. The applicant has submitted a building permit application to reconstruct the 98- square foot addition to accommodate a wheelchair access ramp into the dwelling from garage. Portions of the existing garage and addition encroach into the required side yard setback area. Since the non- conforming addition is proposed to be demolished and reconstructed within the same existing footprint, the applicant is required to seek the appropriate approvals necessary for any proposed encroachment. The Planning Commission conducted a public hearing at the May 24 meeting; there were no public comments. Discussion The City is using its quasi-judicial authority when considering action on subdivision and zoning requests and has limited discretion; a determination regarding whether or not the request meets the applicable code standards is required. Budget Impact N/A Recommendation The Planning Commission recommended approval of the request, with conditions, as described in Planning Case 2016-15. If the City Council desires to implement the recommendation, pass a motion adopting RESOLUTION 2016-49 APPROVING A VARIANCE AT 2305 APACHE STREET. Action Required This matter requires a simple majority vote. page 183 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2016-49 RESOLUTION APPROVING A VARIANCE AT 2305 APACHE STREET WHEREAS, Michael Hayes has applied for a variance as proposed in Planning Case 2016-15 and described in Exhibit A; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this matter at their regular meeting on May 24, 2016. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the variance request as proposed in Planning Case 2016-15 is hereby approved with the following findings of fact: 1. Reconstruction of an addition onto the existing single-family dwelling is a reasonable use of the property and consistent with the Comprehensive Plan. 2. The existing encroachment will not be expanded and the improvements are necessary to reconstruct the addition in compliance with applicable code requirements. 3. Only a small portion of the existing addition is non-compliant with the 10-foot setback and encroaches less than the existing attached garage. 4. Reconstruction of the addition in compliance with the setback requirements requires the wheelchair ramp be moved inside the garage and does not allow adequate parking space for a wheelchair-accessible vehicle. 5. The existing conditions were not created by the applicant and demonstrate a practical difficulty in meeting the required setback in order to reconstruct the existing addition in compliance with applicable codes. 6. The reconstructed addition’s roofline will now match the existing attached garage’s and the wheelchair ramp will not be visible from outside the dwelling with the garage door closed, which will not alter the essential character of the neighborhood. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the variance request as proposed in Planning Case 2016-15 is hereby approved with the following conditions: 1. The proposed encroachment for the reconstructed addition shall not extend further than the existing condition, as shown on the survey included in the application submittal. 2. Within one year of approval by the City Council, the applicant shall obtain a building permit for construction of the proposed addition. Adopted by the City Council of the City of Mendota Heights this seventh day of June, 2016. CITY COUNCIL CITY OF MENDOTA HEIGHTS _____________________________ Sandra Krebsbach, Mayor ATTEST: ______________________________ Lorri Smith, City Clerk page 184 Planning Staff Report DATE: May 24, 2016 TO: Planning Commission FROM: Nolan Wall, AICP – Planner SUBJECT: Planning Case 2016-15 Variance APPLICANT: Michael Hayes PROPERTY ADDRESS: 2305 Apache Street ZONING/GUIDED: R-1 One-Family Residential/LR-Low Density Residential ACTION DEADLINE: June 27, 2016 DESCRIPTION OF THE REQUEST The applicant is seeking to demolish and reconstruct an addition to an existing single-family dwelling and requires a variance from the side yard setback requirements in the R-1 Zoning District. BACKGROUND The subject parcel is 15,110 square feet and contains an existing single-family residential dwelling with an attached garage constructed in 1957. A previous property owner constructed an addition onto the back of garage/side of the house, near the southern property boundary line. The applicant has submitted a building permit application to demolish and reconstruct the 98-square foot addition to accommodate a wheelchair access ramp into the dwelling from the garage. Based on information provided by the applicant, portions of the existing garage and addition encroach into the required side yard setback area. Since the non-conforming addition is proposed to be demolished and reconstructed within the same existing footprint, the applicant is required to seek the appropriate approvals necessary for any proposed encroachment. ANALYSIS Comprehensive Plan The subject parcel is guided LR-Low Density Residential in the 2030 Comprehensive Plan. The applicant’s request to reconstruct an existing addition on the property is consistent with the continued use as a single- family residential dwelling. Variance According to Title 12-1E-3-D-3-A of the City Code, the side yard setback standard for the R-1 District is: page 185 10' on each side or 1/2 of the height of the structure contiguous to the side yard, whichever is greater, to a maximum of 15' In this case, the existing/proposed addition is bound by the 10-foot minimum side yard setback standard due to the structure’s height. As a result, the existing non-conforming addition is subject to the following provision, as in Title 12-1D-1-A of the City Code: Continuance Of Nonconforming Use, Structure Or Land: Any structure or use lawfully existing upon the effective date of this chapter may be continued at the size and in a manner of operation existing upon such date except as hereinafter specified. The existing attached garage encroaches 5.2 feet into the required side yard setback area, however no exterior improvements to it are included as part of the proposed project. The proposed addition, to be reconstructed within the same footprint as the existing condition, would encroach 1.6 feet into the side yard and requires a variance. When considering the variance request for the proposed addition in this case, the City is required to find that: 1. The request is in harmony with the general purposes and intent of the ordinance and comprehensive plan and the applicant proposes to use the property in a reasonable manner. The applicant’s desire to reconstruct an addition onto the existing single-family dwelling is a reasonable use of the property and consistent with the Comprehensive Plan. The existing encroachment will not be expanded and the improvements are necessary to reconstruct the addition in compliance with the applicable Building Code requirements. 2. The applicant establishes there are practical difficulties with complying with the ordinance due to circumstances that are unique to the property which are not created by the applicant or based on economic considerations. The existing dwelling and addition were constructed by a previous property owner and staff is unaware of the circumstances that transpired to create the existing encroachments into the side yard setback area. As shown on the survey, only a small portion of the existing addition is non-compliant with the 10-foot setback and encroaches far less than the existing attached garage. According to the applicant, in order to reconstruct the addition in compliance with the setback requirements, the ramp would have to be moved inside the garage and would not allow adequate parking space for the wheelchair-accessible vehicle. As a result, the applicant has demonstrated a practical difficulty in meeting the required side yard setback in order to reconstruct the existing addition in compliance with applicable codes. 3. The request will not alter the essential character of the neighborhood. The reconstructed addition’s roofline will now match the existing attached garage’s and the ramp will not be visible from outside the dwelling with the garage door closed. The reconstructed addition will have the same footprint as the existing condition and will be an improvement to the property, which will not alter the essential character of the neighborhood. ALTERNATIVES 1. Recommend approval of the variance request, based on the attached findings of fact, with conditions. OR page 186 2. Recommend denial of the variance request, based on the finding(s) of fact determined by the Planning Commission and/or City Council. OR 3. Table the request and direct staff to extend the application review period an additional 60 days, in compliance with MN STAT. 15.99. STAFF RECOMMENDATION Staff recommends approval of the variance request based on the attached findings of fact (Alternative 1), with the following conditions: 1. The proposed encroachment for the reconstructed addition shall not extend further than the existing condition, as shown on the survey included in the application submittal. 2. Within one year of approval by the City Council, the applicant shall obtain a building permit for construction of the proposed addition. MATERIALS INCLUDED FOR REVIEW 1. Aerial site map 2. Planning applications, including supporting materials page 187 FINDINGS OF FACT FOR APPROVAL Variance Request 2305 Apache Street The following Findings of Fact are made in support of approval of the variance request in this case: 1. Reconstruction of an addition onto the existing single-family dwelling is a reasonable use of the property and consistent with the Comprehensive Plan. 2. The existing encroachment will not be expanded and the improvements are necessary to reconstruct the addition in compliance with applicable code requirements. 3. Only a small portion of the existing addition is non-compliant with the 10-foot setback and encroaches less than the existing attached garage. 4. Reconstruction of the addition in compliance with the setback requirements requires the wheelchair ramp be moved inside the garage and does not allow adequate parking space for a wheelchair- accessible vehicle. 5. The existing conditions were not created by the applicant and demonstrate a practical difficulty in meeting the required setback in order to reconstruct the existing addition in compliance with applicable codes. 6. The reconstructed addition’s roofline will now match the existing attached garage’s and the wheelchair ramp will not be visible from outside the dwelling with the garage door closed, which will not alter the essential character of the neighborhood. page 188 150117 110 62601161982352305 2300 771 2295 APACHE STPlanning Case 2016-152305 Apache Street City of Mendota Heights020 SCALE IN FEETDate: 5/13/2016 GIS Map Disclaimer:This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat,survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information containedin this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errorsor omissions herein. If discrepancies are found, please contact the City of Mendota Heights. Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation. Existing Addition page 189 April 29, 2016 Mr. Nolan Wall City of Mendota Heights 1101 Victory Curve Mendota Heights, MN 55118 Subject: Variance Application 2305 Apache Street Mendota Heights, MN 55120 Dear Mr. Wall: We have applied for a variance to construct a ramp inside our garage so my daughter has access to the house with her power wheel chair. Our garage has an attached extension to the back side (west side) that we need to use so we have enough room to build the ramp to code and access the house. We plan to stay within the current footprint of the existing structure. The garage extension will need to be re-built to meet code requirements and provide adequate ceiling room. The roof line of the current extension will be built to match the current garage roof line. The ramp will not be visible from outside the garage with the door closed and matching up the garage extension with the garage will improve the outside appearance. The survey that was completed shows that the garage extension is over 10 feet from the property line on the west end but is only 8.4 feet from the property line at the east end. If we moved the garage extension 1.6 feet to meet the 10 foot setback from the property line, then we would also have to move the ramp inside the garage. After consulting with our builder we made measurements inside the garage and we would not be able to fit our conversion van inside the garage and open the doors to get out with the ramp moved from the side wall. Therefore, moving the garage extension to meet the 10 foot setback would result in the loss of using our garage for parking. If you have any questions regarding this request, please call me at (612) 670-4658. Sincerely, Michael D. Hayes . page 190 page 191 page 192 page 193 page 194 page 195 page 196 page 197 page 198 Adam R & Sarah A Johnson 756 Pontiac Pl Mendota Heights Mn 55120 Bradley James Crosby 2276 Apache St Mendota Heights Mn 55120 Brian M & Jaime M McBride 787 Mohican Ln Saint Paul Mn 55120-1634 Cabrini G Brandl 761 Keokuk Ln Mendota Heights Mn 55120-1629 Charles J & Lois R Parsons 2332 Apache St Mendota Heights Mn 55120 Charles S & Jean Mathison 2294 Dodd Road Mendota Heights Mn 55120 Christopher L Mary M Gilbert 777 Keokuk Ln Saint Paul Mn 55120-1631 Craig M & Kristine M Wanamaker 2331 Apache St Saint Paul Mn 55120-1605 David K & Sandra L True 771 Keokuk Ln Mendota Heights Mn 55120 Eugene D & K R Henrickson 2283 Apache St Saint Paul Mn 55120-1603 Frank Pilney 1867 Warrior Dr Mendota Heights Mn 55118 Gwendolyn F Raddatz 777 Mohican Ln Mendota Heights Mn 55120 James & Bonita Holt 750 Keokuk Ln Saint Paul Mn 55120-1628 Janet F Conway 2288 Apache St Mendota Heights Mn 55120-1675 Jeffery L Eddy 2270 Apache St Mendota Heights Mn 55120 Jennifer Jo Munson 780 Keokuk Ln Mendota Heights Mn 55120 Jeremy P Knutson 781 Mohican Ln Mendota Heights Mn 55120 Jessica M Brandolf 2269 Apache St Mendota Heights Mn 55120-1603 Joel C & Julia W Bennett 2295 Apache St Saint Paul Mn 55120-1603 John C & Michele A Edwards 2270 Dodd Rd Saint Paul Mn 55120-1651 Kathleen Skradski 786 Keokuk Ln Saint Paul Mn 55120-1630 Kyle S Michel 751 Keokuk Ln Mendota Heights Mn 55120 Linda Kaye Irey 2275 Apache St Saint Paul Mn 55120-1603 Lisa W & Patrick J Connelly 772 Keokuk Ln Saint Paul Mn 55120-1630 Lucille L Tste Ridley 1786 Hillcrest Ave Saint Paul Mn 55116 Marcia F Haugen Revocable Tst 07/22/94 753 Pontiac Pl Mendota Heights Mn 55120-1659 Mary C Philblad 757 Pontiac Pl Saint Paul Mn 55120-1659 Matthew D & Hope E Walburn 2296 Apache St Mendota Heights Mn 55120 Michael C Godes 748 Pontiac Pl Saint Paul Mn 55120-1642 Michael D Hayes 2305 Apache St Mendota Heights Mn 55120 page 199 Michael J McLaws 755 Keokuk Ln Mendota Heights Mn 55120 Michael S Leech 773 Mohican Ln Saint Paul Mn 55120-1634 Neil R Smeby 795 Keokuk Ln Mendota Heights Mn 55120-1631 Rosemarie Rued 787 Keokuk Ln Saint Paul Mn 55120-1631 Russell D Jr Tillotson 2330 Apache St Saint Paul Mn 55120-1606 Thomas V & Janet J Parrish 2289 Apache St Saint Paul Mn 55120-1603 page 200 page 201 page 202 Request for City Council Action MEETING DATE: June 7, 2016 TO: Mayor and City Council, City Administrator FROM: Nolan Wall, AICP – Planner SUBJECT: Resolution Approving Conditional Use Permit at 2535 Pilot Knob Road COMMENT: Introduction The applicant is seeking a conditional use permit to locate a weightlifting training facility in vacant space within an existing multi-tenant building at 2535 Pilot Knob Road. Background The proposed use would occupy 1,400 square feet of space in a 64,273-square foot multi-tenant flex building located at the northwest corner of the Pilot Knob Road/Northland Drive intersection. The proposed use qualifies for a conditional use permit under the “commercial recreation” definition as a recreational instruction/participative athletic use, fitness center, or sports training facility. The proposed use complies with the standard of review for conditional use permits and should be compatible with the intent of the Industrial Zoning District. The Planning Commission conducted a public hearing at the May 24 meeting; there were no public comments. Discussion The City is using its quasi-judicial authority when considering action on subdivision and zoning requests and has limited discretion; a determination regarding whether or not the request meets the applicable code standards is required. Budget Impact N/A Recommendation The Planning Commission recommended approval of the request, with conditions, as described in Planning Case 2016-17. If the City Council desires to implement the recommendation, pass a motion adopting RESOLUTION 2016-50 APPROVING A CONDITIONAL USE PERMIT AT 2535 PILOT KNOB ROAD. Action Required This matter requires a simple majority vote. page 203 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2016-50 RESOLUTION APPROVING A CONDITIONAL USE PERMIT AT 2535 PILOT KNOB ROAD WHEREAS, Derwin Weightlifting, LLC, has applied for a conditional use permit as proposed in Planning Case 2016-17 and described in Exhibit A; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this matter at their regular meeting on May 24, 2016. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the conditional use permit request as proposed in Planning Case 2016-17 is hereby approved with the findings of fact that the proposed use is compliant with the applicable City Code requirements and is consistent with the Comprehensive Plan. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the conditional use permit request as proposed in Planning Case 2016-17 is hereby approved with the following conditions: 1. All training and associated activities shall be conducted entirely within an enclosed building. 2. Outdoor storage and display of materials is prohibited. 3. A sign permit shall be required prior to installation of any additional tenant signage on the subject parcel/building. 4. A building permit shall be required prior to any applicable demolition or build-out of the proposed tenant space. 5. Hours of operation shall be from 5:00 A.M. to 12:00 A.M. (midnight). Adopted by the City Council of the City of Mendota Heights this seventh day of June, 2016. CITY COUNCIL CITY OF MENDOTA HEIGHTS _____________________________ Sandra Krebsbach, Mayor ATTEST: ______________________________ Lorri Smith, City Clerk page 204 Planning Staff Report MEETING DATE: May 24, 2016 TO: Planning Commission FROM: Nolan Wall, AICP – Planner SUBJECT: Planning Case 2016-17 Conditional Use Permit APPLICANT: Derwin Weightlifting, LLC PROPERTY ADDRESS: 2535 Pilot Knob Road – Pilot Knob Service Center ZONING/GUIDED: I Industrial/I Industrial ACTION DEADLINE: June 25, 2016 DESCRIPTION OF THE REQUEST The applicant is seeking a conditional use permit to locate a weightlifting training facility in vacant space within an existing multi-tenant building at 2535 Pilot Knob Road. Title 12-1G-2 of the City Code allows “commercial recreation” uses by conditional use permit in the Industrial District. BACKGROUND Derwin Weightlifting, LLC provides weightlifting coaching and training for athletes of various skill levels. They are proposing to occupy approximately 1,400 square feet within 2,692 square feet of existing vacant space next to Mendota Crossfit, which is expanding into the remaining space, and plan to have some cross- over training between the businesses. The applicant suggests limited weekday operations from 5:00 P.M – 8:00 P.M. and weekend hours are yet to be determined; attendance will vary from 10-15 people at a time. As part of Ordinance 491, included in Planning Case 2016-04, the City Council adopted several amendments to uses allowed within the Industrial District. Formerly, similar uses were allowed by conditional use permit under the “participative athletics” designation, including Mendota Crossfit. That use designation was removed and replaced with “commercial recreation, when conducted within a completely enclosed building” as a conditional use. The City Code also contains a corresponding definition to further clarify what uses may be permitted under the “commercial recreation” designation. ANALYSIS Comprehensive Plan The subject property is guided I-Industrial in the 2030 Comprehensive Plan. The proposed use qualifies as a conditional use in the applicable zoning district and is compliant with the Comprehensive Plan. Conditional Use Permit According to Title 12-1B-2 of the City Code, recently adopted as part of Ordinance 491, the following definition is applicable in this case: page 205 RECREATION, COMMERCIAL: Recreational instruction and participative athletic uses, including jump/trampoline center, golf range/simulator, fitness center, sports training facility, martial arts school, dance school, and similar uses. Staff interprets the use as qualifying for a conditional use permit under the “commercial recreation” definition as a recreational instruction/participative athletic use, fitness center, or sports training facility. Title 12-1L-6-E-1 of the City Code contains standards for reviewing a conditional use permit request; the following are to be taken into consideration: • The effect of the proposed use upon the health, safety, and welfare of occupants or surrounding lands; • existing and anticipated traffic conditions including parking facilities on adjacent streets; and • the effect of the proposed use on the comprehensive plan. In addition, the following standards must be met: • The proposed use will not be detrimental to the health, safety or general welfare of the community; • will not cause serious traffic congestion nor hazards; • will not seriously depreciate surrounding property value; and • the proposed use is in harmony with the general purpose and intent of the City Code and the comprehensive plan. The Pilot Knob Service Center is a 64,273-square foot multi-tenant flex building located at the northwest corner of the Pilot Knob Road/Northland Drive intersection. There are currently a mix of office and warehouse uses occupying the building, as well as vacant spaces. The proposed use has limited hours of operation, weekday evenings and weekends, which are opposite of most office uses that occupy the existing building. Based on 10-15 students per class and the proposed hours of operation, ample parking should exist to satisfy the proposed use’s demands. There is no reason to believe that the proposed use will be contrary to the standard of review for conditional use permits listed above and should be compatible with the intent of the Industrial Zoning District. Staff is proposing to add a similar condition to that in-place for Mendota Crossfit, which limits hours of operation from 5:00 A.M. to 12:00 A.M. ALTERNATIVES 1. Approval of the Conditional Use Permit request, based on the findings of fact that the proposed use is compliant with the applicable City Code requirements and is consistent with the Comprehensive Plan, with conditions. OR 2. Denial of the Conditional Use Permit request, based on the finding(s) of fact determined by the Planning Commission and/or City Council. OR 3. Table the request and direct staff to extend the application review period an additional 60 days, in compliance with MN STAT. 15.99. page 206 STAFF RECOMMENDATION Staff recommends approval of the Conditional Use Permit for the proposed use to operate as a “commercial recreation” use in the Industrial District, based on the findings of fact that the proposed use is compliant with the applicable City Code requirements and is consistent with the Comprehensive Plan, with the following conditions: 1. All training and associated activities shall be conducted entirely within an enclosed building. 2. Outdoor storage and display of materials is prohibited. 3. A sign permit shall be required prior to installation of any additional tenant signage on the subject parcel/building. 4. A building permit shall be required prior to any applicable demolition or build-out of the proposed tenant space. 5. Hours of operation shall be from 5:00 A.M. to 12:00 A.M. (midnight). MATERIALS INCLUDED FOR REVIEW 1. Aerial site map 2. Planning applications, including supporting materials page 207 338337336335259262193 175144 130 57557457357255242 310 25 335130 130 175144130310 2515 253525352535 2535 2506 140814081408 2515 1440 PILOT KNOB RDNORTHLAND DR PILOT KNOB RDPlanning Case 2016-172535 Pilot Knob Road City of Mendota Heights0100 SCALE IN FEETDate: 5/13/2016 GIS Map Disclaimer:This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat,survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information containedin this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errorsor omissions herein. If discrepancies are found, please contact the City of Mendota Heights. Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation. PROPOSED SPACE page 208 page 209 page 210 page 211 page 212 page 213 PILOT KNOB SERVICE CENTER 2535 Pilot Knob Road Mendota Heights, Minnesota FEATURES: ►Excellent access to Interstates 494, 35E and Hwy 55 ►Accommodates pure office, tech and warehouse users ►Minutes from Minneapolis/Saint Paul International Airport ►Strong presence on Pilot Knob Road ►Corporate business park setting BUILDING SPECIFICS: ►64,025 square feet of multi-purpose office/ showroom/warehouse ►13’ 6” clear warehouse ceiling height ►Dock high doors & drive-in doors (10’ x 10’) ►Ample parking ►Responsive local ownership/property management CONTACTS: Phil Simonet (952) 854-8381 psimonet@paramountre.com Connor Ott (952) 854-8309 cott@paramountre.com WEBSITE: www.paramountre.com ADDRESS: 3601 Minnesota Drive Suite 925 Bloomington, MN 55435 (952) 854-8290 FAX: (952) 854-8295 FOR LEASE Office/Showroom Building Mendota Heights, Minnesota page 214 page 215 Crosswind LLC % Dungarvin Inc 1444 Northland Dr Ste 200 Mendota Heights Mn 55120 Dakota Upreit Limited Partnership 3003 32nd Ave S Ste 250 Fargo Nd 58103 Knitco Limited Partnership % President 1450 Mendota Heights Rd Mendota Heights Mn 55120 Mendota Mgmt Co LLC 2515 Pilot Knob Rd Mendota Heights Mn 55120-1135 Milipitas-fleming Associates 433 Camden Dr N Ste 1070 Beverly Hills Ca 90210-4434 Milipitas-fleming Associates 433 Camden Dr N Ste 1070 Beverly Hills Ca 90210-4434 Milipitas-fleming Associates 433 Camden Dr N Ste 1070 Beverly Hills Ca 90210-4434 Northland Drive Business Center LLC 2522 Northland Dr Mendota Heights Mn 55120 Northland Land Co 3500 80th St W Minneapolis Mn 55431-1068 Pilot Knob LLC 1625 Energy Park Dr Ste 100 Saint Paul Mn 55108-2703 Pilot Knob LLC 1625 Energy Park Dr Ste 100 Saint Paul Mn 55108-2703 Pilot Knob LLC 1625 Energy Park Dr Ste 100 Saint Paul Mn 55108-2703 Pilot Knob LLC 1625 Energy Park Dr Ste 100 Saint Paul Mn 55108-2703 page 216 page 217 page 218 REQUEST FOR COUNCIL ACTION DATE: June 7, 2016 TO: Mayor, City Council, and City Administrator FROM: John R. Mazzitello, PE, PMP, MBA - Public Works Director/City Engineer SUBJECT: Sump Pump Inspection Program COMMENT: INTRODUCTION Council is asked to adopt the attached Ordinance that would establish a sump pump inspection program city-wide. Council has discussed this program at several workshop settings over the past 15-18 months, most recently at the May 24, 2016 workshop. BACKGROUND At the February 3, 2015 Goal Setting Work Session, City Council discussed the impacts to the sanitary sewer system of sump pumps illegally connected to the system. City Council Directed staff to publish communications in the Heights Highlights, and inform building permit holders of the sump pump requirements throughout 2015, and requested the issue be revisited in 2016. City staff has published articles in the Heights Highlights newsletter (once as the cover story), and has been informing building permit applicants of the code requirements for sump pumps throughout the course of the year. These practices have continued into 2016. Both State Plumbing Code and Mendota Heights Municipal Code prohibit the discharge of sump pumps to the sanitary sewer system. Minnesota Plumbing Code 4715.2700 Storm water shall not be drained into sewers intended for sanitary sewage only. Mendota Heights City Code 10-3-5B Surface Waters: It shall be unlawful to discharge or cause to be discharged into the municipal sewer system, either directly or indirectly, any roof, storm, surface or ground water of any type or kind, or water discharged from any air conditioning unit or system. (1981 Code 803 § 4) The City of Mendota Heights pays Metropolitan Council Environmental Services (MCES) a fee for sanitary sewer treatment that is bases on the total flow contribution to the MCES system. In 2014, the City’s total annual flow increased by ~60 million gallons (12.3%)*, resulting in an increase in annual fee by 9.83%. In addition to the rate increase, MCES also initially proposed a surcharge fee of $99,600 per year for the years 2015-2018 for increasing flow over 10% in one year. Staff was able to convince MCES to remove this fee due to our ongoing sanitary sewer cleaning, televising, and lining program along with our manhole casting sealing program. page 219 It is widely believed that the sudden and dramatic increase in flow was due to the extremely wet spring experienced from March to July of 2014. A large quantity of snow from the preceding winter melted followed by several large rain storms. The season culminated with 4.8 inches of rain that fell between 12:30am and 1:00pm on June 19, 2014. Wet weather impacts the sanitary sewer system by means of Inflow and Infiltration (I/I). I/I can come from cracks in sewer pipes, broken pipe joints, tree root penetrations, or manholes; but the most prevalent possible sources for sudden increases in flow are illegal discharges to the sanitary sewer system. The most common of these discharges are basement sump pumps. Both MCES and the American Public Works Association (APWA) have published figures stating 60%-70% of sudden increases in flow volume are likely due to sump pumps connected to the sanitary sewer system. Based on some logical assumptions about sump pump behavior from the past spring, staff has calculated that ~39 million gallons of the ~60 million gallons* in increased flow (65%) is likely due to sump pumps. In order to minimize or eliminate these discharges, a policy would need to be developed and implemented, including public communications, and inspections. Eliminating, or greatly reducing the contribution to the sanitary sewer system from sump pumps would allow for a more predictable total sewer flow projection and make the budget process for the sanitary sewer utility fund more stable. It would also greatly reduce the risk of future severe flow increases and avoid future penalty surcharges. DISCUSSION The attached Ordinance would establish a sump pump inspection program City-wide. The following amendments (summarized) are proposed as part of the attached Ordinance: Section 1: Adds a definition defining CLEAR WATER Section 2: Inserts the term “clear water” into the City Code concerning discharges to the sanitary sewer system Section 3: Adds the ability for the City to implement a surcharge on non-compliant properties Section 4: Codifies requirement for clear water discharge Section 5: Enacts the Ordinance BUDGET IMPACT Staff estimates that this program will require the hiring of a specialized consultant/contractor to carry out the inspection and certification program, and that the entire program will take 9-12 months to complete. Interpreting the costs other cities have paid for their programs and applying those costs to the City’s scope of work, staff estimates this program will cost $180,000 - $220,000 to implement. Not making two years of I/I surcharge payments to MCES would make up for the program cost. Staff proposes utilizing a portion of the $1.6 million balance in the City’s Water Fund to fund the consultant services in order to complete the program. I/I contributions to the sanitary sewer system have a direct impact on the amount charged to the City by MCES. Consequently, I/I contributions directly impact what the City needs to charge residents and businesses for sanitary sewer service to keep the utility fund operable and stable. Eliminating non-sewage contributions to the sanitary sewer system can provide a much more stable and predictable cost of utility operations. page 220 RECOMMENDATION Staff recommends Council adopt ORDINANCE NO. 496 - AN ORDINANCE AMENDING TITLE 10, CHAPTERS 1 AND 3 OF THE CITY CODE OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA, CONCERNING THE INSPECTION AND COMPLIANCE OF SUMP PUMP CONNECTIONS. ACTION REQUIRED If Council wishes to enact the staff recommendation, pass a motion to adopt ORDINANCE NO. 496 - AN ORDINANCE AMENDING TITLE 10, CHAPTERS 1 AND 3 OF THE CITY CODE OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA, CONCERNING THE INSPECTION AND COMPLIANCE OF SUMP PUMP CONNECTIONS. This action requires a simple majority vote. page 221 CITY OF MENDOTA HEIGHTS 1 DAKOTA COUNTY, MINNESOTA 2 3 ORDINANCE NO. 496 4 5 AN ORDINANCE AMENDING TITLE 10, CHAPTERS 1 AND 3 OF THE CITY CODE OF THE 6 CITY OF MENDOTA HEIGHTS, MINNESOTA, CONCERNING 7 THE INSPECTION AND COMPLIANCE OF SUMP PUMP CONNECTIONS 8 9 THE CITY COUNCIL OF THE CITY OF MENDOTA HEIGHTS ORDAINS: The amendment as 10 follows to require inspection and necessary corrective actions to ensure compliant installation and 11 operation of sump pumps in Mendota Heights. 12 13 Section 1. 14 15 Title 10-1-1 is hereby amended as follows to add: 16 17 CLEAR WATER: storm water; natural precipitation; melting snow; ground water; water flow from a 18 roof, ground surface, subsurface drainage, down spout, eave trough, rainspout, yard drain, sump pump, 19 foundation drain, yard fountain, pond, swimming pool, air conditioning condensate, cistern overflow, or 20 any other water that is not required to be treated by state or federal law. 21 22 Section 2. 23 24 Title 10-3-5-B is hereby amended as follows: 25 26 B. Surface Waters: It shall be unlawful to discharge or cause to be discharged into the municipal sewer 27 system, either directly, or indirectly, any clear water as defined in 10-1-1 of this section. Roof, storm, 28 surface or ground water of any type or kind, or water discharged from any air conditioning unit or 29 system. (1981 Code 803 § 4) 30 31 Section 3. 32 33 Title 10-3-7-C is hereby amended as follows to add: 34 35 6. Surcharges: Sump Pumps: 36 37 A. A quarterly surcharge in an amount duly adopted by City Council and set forth in the 38 City’s Fee Schedule shall be assessed against the property on which clear water is 39 discharged in violation of this Section. 40 41 B. The quarterly surcharge will be charged on the property’s municipal utility billing 42 statement and will be assessed and charged as follows: 43 44 1. An inspection, as required herein, has not been allowed by the property 45 owner or occupant or a Certificate of Compliance has not been filed with the 46 City within 30 days after the City’s notice of inspection; 47 48 2. The property owner or occupant fails to make the sewer line cleanout readily 49 available for the inspection; 50 51 page 222 3. The necessary corrections have not been made within the time specified; and 52 53 4. The property owner or occupant reconnects a clear water discharge line to 54 the City’s sanitary sewer system after it has been previously disconnected at 55 the City’s or a court’s direction. 56 57 C. A surcharge will be assessed for every quarter during which the property is not in 58 compliance, the property owner has not allowed an inspection of the sump pump 59 system, or the property owner has not made the sewer line cleanout readily available 60 for the inspection. The surcharge will be assessed whether the non-compliance has 61 existed for the entire quarter or a portion thereof. 62 63 D. The quarterly surcharge for a re-connection will be charged for each quarter 64 beginning with the quarter in which the inspection was completed or a Certificate of 65 Compliance was filed confirming the previous disconnection through the end of the 66 quarter in which the reconnection is subsequently disconnected. 67 68 E. The property owner will be billed for subsequent inspections necessary beyond the 69 initial inspection and one (1) follow-up inspection. 70 71 Section 4. 72 73 Title 10-3-10 is hereby added as follows: 74 75 CLEAR WATER DISCHARGE PREVENTION AND PROHIBITION 76 77 A. Discharge Requirements. 78 79 1. No clear water, as defined in 10-1-1 of this section, shall be discharged, directly or indirectly, 80 into the City’s sewer system. 81 82 2. All sump pump systems within the City shall meet the following requirements: 83 84 a. No sump pump system shall discharge clear water into the City’s sanitary sewer 85 system; 86 87 b. The sump pump system design shall provide year-round discharge of clear water 88 through a permanently installed discharge line from the interior of the structure to an 89 appropriate drainage area on the outside of the structure, connection to the City storm 90 sewer, or discharge through the curb and gutter to the street. In no event shall a 91 drainage area include property owned by others or any public right-of-way unless 92 said right-of-way is adjacent to a developed City street with an installed drainage 93 system. Approval to discharge to storm sewer or streets must be obtained from the 94 City; 95 96 c. The sump pump system’s permanent discharge line shall be made of solid, non-97 flexible material and shall not have any connection fittings as to permit alternative 98 flow path subsequent to installation; and 99 100 page 223 d. If the sump pump system discharge line is connected directly to the City’s storm 101 sewer system, then the discharge line shall have a check valve which shall be located 102 within the property’s boundaries and not within the public right-of-way. 103 104 B. Inspections. 105 106 1. Inspections Required. Any property within the City that is connected to the City’s sewer 107 system shall be subject to one, no-cost compliance inspection, and a subsequent follow-on 108 inspection, to determine whether the property’s discharge of its clear water is in compliance 109 with this Section and is not discharged into the City’s sanitary sewer system. 110 111 a. Property owner or occupant shall permit the City’s designated inspector on the 112 property and within any structure thereon to complete the inspection. 113 114 b. The compliance inspection shall occur within thirty (30) days of written notice from 115 the City that a compliance inspection is required on the property. 116 117 c. The compliance inspection shall occur at a time and in the manner as reasonably 118 determined by the City’s designated inspector. 119 120 d. In lieu of a compliance inspection by the city inspector, property owner may have the 121 property inspected, at the sole expense of the owner, by a private licensed plumber 122 who shall inspect the property and file a Certificate of Compliance on a form 123 provided by the City, within thirty (30) days of the City’s notice of the required 124 inspection. 125 126 e. The private licensed plumber who conducts the compliance inspection shall certify 127 on the Certificate of Compliance that the property’s discharge of clear water is in 128 compliance or noncompliance with the provisions of this Section. 129 130 f. In the event that the inspector cannot complete the compliance inspection because the 131 property’s sump pump and/or sewer “cleanout” is not readily accessible as required 132 by the state building code, the property owner or occupant shall take all necessary 133 steps to make the sewer cleanout readily accessible for the re-inspection to be 134 completed within thirty (30) days of the date the inspector was at the property to 135 conduct the initial inspection. 136 137 g. If the property owner or occupant fails to make the sewer line cleanout accessible for 138 inspection, such failure shall constitute a failure to comply with inspection 139 requirements and subject to the quarterly surcharge as defined in10-3-7-C-6 of this 140 section. 141 142 2. Failure to Comply with Inspection Requirements. 143 144 a. Property owners or occupants are required to permit authorized city employees 145 and/or agents to enter upon properties and inside structures for purposes of inspection 146 under 10-3-9 of this section. 147 148 page 224 b. If the property owner or occupant fails to permit or have completed a compliance 149 inspection, the City may apply to the district court for an appropriate administrative 150 search warrant authorizing the City to enter the property to conduct the inspection. 151 152 3. Re-inspections. 153 154 a. In the event that the discharge of clear water on the property is not in compliance 155 with this Section, a second compliance inspection shall be completed within sixty 156 (60) days of the notice of noncompliance to determine if the necessary corrections 157 have been made and compliance with this Section has been met. 158 159 b. The second compliance inspection shall be subject to the requirements set forth 160 above. Thereafter, the property shall be subject to re-inspections on an annual basis 161 to confirm continued compliance. 162 163 c. Properties that are in compliance shall also be subject to re-inspections to confirm 164 continued compliance. 165 166 C. Corrections. 167 168 1. Upon notice that the discharge of clear water on the property is not in compliance with this 169 Section, the owner or occupant of the property shall immediately cease from discharging 170 clear water in violation of this Section and shall make the necessary repairs and corrections 171 to discharge the clear water in accordance with this Section. These repairs and corrections 172 shall be completed within sixty (60) days of the date of notice of noncompliance. 173 174 2. If necessary repairs and corrections are not completed within the sixty (60) days, it shall 175 constitute a failure to comply with the requirements of this ordinance and the owner of the 176 property shall be subject to the quarterly surcharge as defined in Section 10-3-7-C-6 of this 177 Title. 178 179 D. Inspections with building permits. If a city inspector is on a property for the purpose of a building 180 permit inspection, the city inspector has the authority to inspect the property for compliance with this 181 Section without further notice to the property owner or occupant. 182 183 E. Temporary waiver. 184 185 1. The City may grant a temporary waiver from the provisions of this Section where strict 186 enforcement would cause a threat of damage or harm to other property, the environment, or 187 public safety because of circumstances unique to the individual property or due to weather 188 conditions. 189 190 2. A written request for a temporary waiver must be first submitted to the Public Works Director 191 specifying the reasons for the temporary waiver. 192 193 a. If a temporary waiver is granted, the property owner shall pay an additional fee for 194 sewerage service charges based on the number of gallons discharged into the City’s 195 (sanitary) sewer system as estimated by the Public Works Director. 196 197 page 225 b. The additional sewerage service charge fee shall be established in the City’s Fee 198 Schedule and shall consist of a minimum base charge plus a charge based on the 199 number of estimated gallons of clear water discharge. 200 201 3. The Public Works Director may set conditions to the temporary waiver. 202 203 4. The Public Works Director may terminate the temporary waiver upon a failure to comply 204 with any conditions imposed on the temporary waiver. 205 206 5. The Public Works Director must give a five-day written notice of the termination to the 207 property owner and occupant setting forth the reasons for the termination. 208 209 6. After expiration or termination of a temporary waiver, the property owner shall comply with 210 the provisions of this Section. 211 212 Section 5. 213 214 This Ordinance shall be in effect from and after the date of its passage and publication. 215 216 Adopted and ordained into an Ordinance this 7th day of June, 2016. 217 218 CITY COUNCIL 219 CITY OF MENDOTA HEIGHTS 220 221 222 223 Sandra Krebsbach, Mayor 224 ATTEST 225 226 227 ___________________________ 228 Lorri Smith, City Clerk 229 page 226 REQUEST FOR COUNCIL ACTION DATE: June 7, 2016 TO: Mayor, City Council, and City Administrator FROM: John R. Mazzitello, PE, PMP, MBA – Public Works Director/City Engineer SUBJECT: Authorization to seek Professional Services – Sump Pump Inspection COMMENT: INTRODUCTION Council is being asked to authorize staff to seek consultant services to implement, conduct, and complete the City’s sump pump inspection and disconnection program. BACKGROUND Ordinance 496 incorporated sump pump regulations into the Mendota Heights City Code. Part of these regulations establishes an inspection program that will help ensure property owner compliance with State and local rules regarding prevention of clear water being discharged into sanitary sewer systems. Background on this issue can be found in the staff memo accompanying Ordinance 496. BUDGET IMPACT Staff estimates this program will cost $180,000 - $220,000 to implement. Staff proposes utilizing a portion of the $1.4 million balance in the City’s Water Fund to fund the consultant services in order to complete the program. RECOMMENDATOIN Staff recommends Council authorize staff to seek professional services for completing the City’s sump pump inspection program. ACTION REQUIRED If Council agrees with the staff’s recommendation, pass a motion authorizing staff to seek said professional services. This action requires a simple majority vote. page 227 Request for City Council Action MEETING DATE: June 7, 2016 TO: Mayor and City Council, City Administrator FROM: Mike Aschenbrener, Chief of Police Emergency Manager SUBJECT: Personnel Action Item Captain COMMENT: Introduction The Council is asked to take the steps necessary to hire a Captain in the Police Department. Background At the April 19, 2016 City Council workshop, McGrath Consulting Group presented the results of their study of the Police Department study. Following that presentation, staff was directed to prepare an implementation plan for the twenty recommendations outlined in the McGrath study. The implementation plan was presented at the May 24, 2016 workshop; certain items were selected for immediate action. One of the most significant of the recommendations was to authorize the hiring of a Police Captain. This would provide for the supervision of all non-patrol functions, would act as Chief in the absence of the Police Chief, and be primarily responsible for internal and external accountability and compliance. Attached is position description for the position of Police Captain. Budget Impact The Captain position would be a Grade 42 exempt position with a base salary of $112,636 dollars annually. Any other fringe benefits negotiated for this position will be in addition to the base salary, with the annual recurring personnel costs of $135,163. A take-home vehicle is the norm for this level position vehicle from the State purchasing bid, and with a police interceptor package Ford Explorer (rated for emergency vehicle use), will be in the range of $28,828 on State of MN contract A174(4). A non-police package Ford Escape will be $32,000 range on MN state contract A175(5) UV17. Both would have 6.5% tax and would be purchased to look like civilian vehicles. There will also be a need to do remodeling of the lower level to provide working space for the Captain. The intent is that the current investigators’ office will become the Captain’s office. The lower level lobby would have 230 square feet remodeled to provide for the investigators. It is possible that this work could page 228 be done in conjunction with mold-remediation work which is currently being researched. The estimated costs for the police remodeling are $40,250. The Finance Director and City Administrator recommend that the one-time costs (vehicle and remodeling), and what will likely be two months of the position in 2016 (anticipating a November 1 hire) should come from fund reserves which resulted from higher than anticipated revenues, and lower than budgeted expenditures in 2015. Ongoing costs for salary and related expenses will need to be provided in the FY17 budget. The Assistant City Administrator and City Administrator note that hiring at Grade 42 places this position at or above the pay grade of two department heads. While they do not dispute the need to advertise as such, they remind the Council that a pay study must be provided for in FY 2017, and will need to be implemented by the end of 2017. The current pay plan was initially put in place in the 1980’s, and without an update, it is probable that the current plan will not meet Pay Equity reporting which must take place in 2018. Recommendation Staff recommends that the Mendota Heights City Council approve the attached job description and authorize advertising the position. Action Required If the Council desires to implement the recommendation pass a motion to approve the position description and authorize staff to take the steps necessary to hire a police captain. It should further direct that steps be taken to get actual costs for the necessary remodeling. page 229 CITY OF MENDOTA HEIGHTS TITLE: Police Captain DRAFT Department: Police Accountable To: Chief of Police Class Code: Exempt Primary Location: City Hall Normal Hours: Mon – Fri, 8 a.m. – 4 p.m. Date of Last Revision: June 2016 DIVISION: Professional Standards Job Purpose: To assist in the administration, supervision, and direction of the Mendota Heights Police Department, to ensure that all programs, services and functions are handled in an effective and timely manner. Responsible for entire Police Department operations in the absence of the Police Chief. Essential Duties A. Assists the Police Chief in managing, supervising, and coordinating the department. Examples: • Assumes command of any police emergency or tactical situation as necessary. • Assists with preparing and monitoring division budgets. B. Performs administrative duties. Examples: • Oversees the recruitment and selection of all police personnel. • Works with supervisors to monitor the effectiveness of all sections of the police department. • Assists with the determination of need and the deployment of personnel. • Creates and maintains reporting procedures and activity indicators which accurately reflect productivity measures for the Professional Standards Section. • Documents and tracks all memos and general orders. C. Performs Planning and coordinates special research in order to guide/lead/direct/plan short and long-range needs of the police department. Examples: • Prepares appropriate reports on projects and programs. • Forecasts personnel and equipment needs based upon careful analysis. • Executes plans by overseeing or delegating appropriate authority and responsibility. D. Manages police department training. Examples: • Evaluates police department training needs through review of internal reporting and statistics. • Monitors state and federal requirements and trends for law enforcement training and implements training programs. • Provides opportunities to all police departmental personnel for both required and developmental training. • Assists with the development of department training. E. Coordinates effective communication within and outside the department. page 230 Examples: • Meets with departmental personnel to analyze and solve problems. • Represents the police department at official gatherings, meetings and community functions. • Corresponds with citizens to address their concerns or questions. • Solicits and encourages open communications. F. Investigates, reviews and handles complaints through an established process. Examples: • Receives, reports, assigns, investigates, and monitors complaints against the department or its members. • Recommends disposition of said complaints to the Police Chief on major investigations. • Provides summary data concerning the internal affairs function of the police department. G. Monitors conformance to established rules and regulations of the Department. Examples: • Manages the development and keeps current the operations manual. • Monitors the productivity of police divisions by analyzing reports and statistics compiled by department supervisors. • Evaluates and makes recommendations for changes to enhance the effectiveness of division programs. H. Performs other related work as apparent or assigned. Examples: • Supervises, assigns, and evaluates section personnel. • Prepares departmental reports. • Conducts and reviews performance evaluation forms - identifies and recommends training needs. PERFORMANCE CRITERIA Reports provided to the Police Chief are timely and reflect consideration of existing conditions and objectives. Decisions made in delegated areas of accountability are consistent with division operating procedures and objectives. Recommendations regarding the resolution of internal affairs complaints and employment actions are appropriate for maintaining department discipline and credibility. Actions are consistent with city personnel policies and collective bargaining agreements. Must maintain the physical and mental fitness needed to perform the duties of a police officer. Must meet the performance criteria set for a police officer. Qualifications A. Considerable knowledge of all areas of department responsibility. Must have thorough understanding of administrative philosophies, police policies, and procedures as they page 231 relate to officer conduct, administrative concepts, federal, state, and local laws. B. Experience in police supervision is required. 3 years of progressively responsible supervisory experience as a Police Sergeant. C. Bachelor’s degree in law enforcement or closely related field. D. Minnesota POST licensed peace officer or ability to obtain in agreed upon time frame. E. Ability to clearly and consistently document. F. Valid Driver's license. Desired Qualifications G. Master’s Degree in police/public administration. H. Certificate from Minnesota Bureau of Criminal Apprehension in police supervision and management. Certificate from nationally recognized police training center. I. Ability to communicate effectively orally and in writing. J. Experience in supervising and coordinating the work of an operating unit. K. Substantial ability to use research techniques and performance indicators in evaluating and recommending improvements in department operations. Knowledge/Skills/Abilities Required A. Knowledge of the principles and practices of modern police supervision, administration and law enforcement methods and techniques. B. Knowledge of and commitment to the principles and practices of Community Oriented Policing/Problem Oriented Policing as a department philosophy and the ability to implement these principles and practices in day-to-day police work. C. Knowledge of city ordinances, state and federal statutes, including rules of arrest, and search and seizure case law. D. Knowledge of first aid and ability to respond promptly to emergency situations. E. Ability to plan, evaluate, instruct and prioritize the work of department members in a manner that results in a high level of performance within the overall framework of department goals and objectives. F. Ability to effectively utilize human relation skills in resolving disputes and similar problems through verbal and non-verbal communications. G. Ability to establish, maintain and promote cooperative and harmonious work relationships within the department, with other law enforcement agencies, with other city departments and the general public. page 232 H. Ability to communicate ideas and explanations clearly in English, both orally and in writing. I. Ability to adapt and react quickly to change and changing circumstances. J. Ability to work professionally with other employees and to deal with the public in a friendly and tactful manner. K. Ability to evaluate situations, improvise solutions with available resources and adapt to a changing environment. L. Ability to work with a minimal amount of supervision and complete assigned projects in a timely manner. M. Ability to work well under stress/pressure. Core Competencies by all City Employees: • Knowledge of work rules. Develops and maintains a thorough working knowledge of all city and applicable jurisdictional policies and procedures in order the help facilitate compliance with such policies and procedures by all staff members. • Develops respectful, cooperative and productive work relationships with coworkers, including the demonstrated willingness to help newer staff so their respective job responsibilities can be performed with confidence as quickly as possible. • Commitment to customer service. Demonstrates by personal example the service quality and integrity expected from all staff members. Represents Mendota Heights in a professional manner to the general public, employees and to other outside contact/constituencies in a manner that helps maintain and enhance Mendota Heights’ reputation as well managed and citizen oriented. • Communication. Confers regularly with and keep immediate supervisor informed of all important matters pertaining to those functions and job responsibilities for which the employee is accountable. • Productivity and work organization. Demonstrate ability to plan, organize and accomplish work in a timely and efficient manner. • Problem solving and decision making. Exercise good judgment, analytical thinking, and independent thinking as it relates to departmental and city procedures, problems and policy interpretations. • Safety rules and procedures. Develop knowledge of and observe the safety policies and procedures of the city. Perform tasks in a safe and efficient manner while using appropriate safety equipment, clothing and devices. Safety Policy It is the responsibility of every employee of the City of Mendota Heights to know and observe the safety policies and procedures of the city. Each employee is expected to perform their tasks in a safe and efficient manner while using appropriate safety equipment, clothing and devices. Miscellaneous Information Must satisfactorily pass a criminal background examination. page 233 Physical Activities/Requirements Overall Physical Strength Demands Sedentary Exerting up to 10 lbs. occasionally or negligible weights frequently; sitting most of the time. Light Exerting up to 20 lbs. occasionally, 10 lbs. frequently, or negligible amounts constantly; Sitting most of the time. Frequently requires walking or standing. Medium Exerting 20 – 50 lbs. occasionally, 10 – 25 lbs. frequently, or up to 10 lbs. constantly. Heavy Exerting 50 – 100 lbs. occasionally, 25-50 lbs. frequently, or up to 10-20 lbs. constantly.  Very Heavy Exerting over 100 lbs. occasionally, 50 – 100 lbs. frequently, or up to 20-50 lbs. constantly. Physical Demands C = Continuously 2/3 or more of the time. F = Frequently From 1/3 to 2/3 of the time. O = Occasionally Up to 1/3 of the time. R = Rarely Less than 1 hour per week. N = Never Never Occurs Physical Demands Frequency Code Example Standing F Directing traffic flow, assisting at community events. Sitting F Squad car, workstation Walking F During regular police activities and training, foot patrol Lifting O Transporting essential gear and emergency equipment, assisting others by lifting victims onto gurney cart Carrying F Equipment, victims Running F Foot pursuits Pushing/Pulling F Vehicles, debris, individuals in custody, doors Reaching F Retrieving items within workstation or vehicle such as radio, firearm, other essential equipment Handling F Suspect search and frisk, driving, firearms use or checking for vital signs when rendering medical assistance Fine Dexterity F Computer keyboard Kneeling O Firearms training, to assist at accident scene, gathering evidence Crouching O Firearms training, to assist at accident scene, gathering evidence Crawling O Firearms training, to assist at accident scene, gathering evidence Bending F Firearms training, to assist at accident scene, gathering evidence Twisting F Getting in and out of squad car Climbing O Climbing stairs, scaling walls and fences Balancing F Fences, ladders, stairs, Vision C Reading reports, monitoring patrol area, identify cars and suspects. Computer screen. Hearing C Monitoring radio communication, answering inquiries from page 234 the public, taking statements Talking C Conducting interviews and investigations, communicating with the public. Foot Controls F Driving Squad car Other (specify) F The individual may encounter stress and pressures from dealing with emotional issues and conflicts. Machines, Tools, Equipment and Work Aids Police vehicles, firearms, radio, camera, digital recorder, finger printing kit, measuring devices, smartphones, uniform, computer, bicycles, impact weapons, first aid kits and all other police related equipment used for police service. Environmental Factors D = Daily W = Several times per week M = Several times per month S = Seasonally N = Never Health and Safety Environmental Factors Primary Work Location Mechanical Hazards W Dirt and Dust W Office Environment X Chemical Hazards W Extreme Temperatures S Vehicle X Electrical Hazards W Noise and Vibration D Outdoors X Fire Hazards W Fumes and Oder W Other Explosives M Wetness/Humidity S Communicable Diseases D Darkness or poor lighting D Physical Danger or abuse D Other (specify): Work Schedule Possibilities Typical 40 hour work week  Work on Weekends  Rotating Shift Work  Overtime  9.5 Hour Shift Work  On call/call out  Work on Holidays Employees performing the duties of this job will frequently work in outside weather conditions. Office environment work is performed in a well-lit, well ventilated and temperature controlled office. Noise level in the work environment is usually moderate. Protective Equipment Required Hazardous material and biohazard personal protective equipment, bullet proof vest, respirators, eye & ear protection, firearms, pepper spray, baton, EMD, handcuffs, rain gear, and various immunizations. Non-physical Demands include Continuously 2/3 or more of the time Frequently From 1/3 to 2/3 of the time Occasionally up to 1/3 of the time Rarely Less than 1 hour per week Never Time Pressures - Occasionally Emergency Situations - Frequently Frequent Change of Tasks - Occasionally Irregular Work Schedule/Overtime - Frequently Performing Multiple Tasks Simultaneously - Frequently Working Closely with Others as Part of a Team - Frequently Tedious Work - Frequently Noisy/Distracting Environment - Frequently Other: page 235 The above description is intended to describe the general functions, skills and knowledge of the person assigned to this job. These examples are intended only as illustrative of various types of work performed, and are not all inclusive. The employee may be required to perform other related duties as assigned. The job description is subject to change as the needs of the employer and requirements of the job change. JH:\job descriptions\police\Police Captain Position Description.doc page 236 Request for City Council Action MEETING DATE: June 7, 2016 TO: Mayor and City Council, City Administrator FROM: Mike Aschenbrener, Chief of Police Emergency Manager SUBJECT: Personnel Action Item Community Service Officer/Student Intern COMMENT: Introduction The Council is asked to authorize the steps necessary to hire a Community Service Officer/Student Intern Background At the April 19, 2016 City Council workshop, McGrath Consulting presented the results of the Police Department study. At that time staff was directed to prepare an implementation plan for the McGrath study. The implementation plan was presented at the May 24, 2016 workshop and certain items were selected for immediate action. One of the recommendations addressed was the hiring of a Community Service Officer (CSO). Attached is position description for the position of Community Service Officer/Student Intern. This is a non-sworn position. The position will be advertised at pay grade 1 on the city pay plan. The position will be a .5 FTE position benefit eligible, pro-rated, with a maximum limit of service to the community being set at 36 months. The position will accept only applicants who are in an approved degree program working towards certification by the Minnesota Police Officers and Standards Training Board to be hired as a licensed police officer in Minnesota. The hours will be adjusted each semester. See attached position description. Budget Impact The CSO position would be a Grade 1 position working no more than 40 hours per pay period. This position will have annual costs which are expected to be less than $28,000. This position is not anticipated to be hired prior to October 1, and so unbudgeted expenses (other than uniform costs of about $500) will be 25% of that. As this position was not budgeted for 2016, the recommendation of the Finance Director and City Administrator is to pay for 2016 expenses with fund reserves. These were increased as a result of favorable revenues, and reduced expenditures in 2015. Ongoing 2017 costs will need to be provided in the levy. page 237 Recommendation Staff recommends that the Mendota Heights City Council approve the attached job description and authorize advertising the position. Action Required If the Council desires to implement the recommendation, pass a motion to approve the position description and authorize staff to take the steps necessary to hire a Community Service Officer. page 238 CITY OF MENDOTA HEIGHTS TITLE: COMMUNITY SERVICE OFFICER Draft Department: Police Accountable To: SERGEANT Class Code: Non-exempt Primary Location: City Hall Normal Hours: Varies – 20 hours/week Date of Last Revision: June 2016 DIVISION: Patrol PRIMARY OBJECTIVE OF POSITION Performs non-sworn police related tasks which include animal control, code enforcement, crime prevention; parking enforcement; bicycle patrol and bicycle safety and miscellaneous public service calls. Position involves high public contact. This is an entry level and highly responsible position in the Police Department which performs complex duties. This position will involve shift work, including nights, weekends and holidays. While performing the duties of this job, the employee may wok in all weather conditions, or may work inside in the office or in the holding facility in direct contact with persons who have been arrested or detained. Typical duties may vary from routine, non-sworn police work to highly complex tasks. Community Service Officer (CSO) assignments not to exceed three years. MAJOR AREAS OF ACCOUNTABILITY • Enforce applicable ordinances and statutes pertaining to animals; performs various animal control duties. • Performs motorists assists including vehicle lockout. • Completes reports as required. • Conducts speed and traffic surveys. • Assists with public relations events and presentations. • Assists patrol officers with various duties as directed. • Assists in servicing and maintaining police vehicles and equipment. • Assist in recovery and inventory of lost, abandoned and confiscated property. • Assists with reception-type duties; answers telephones, customer service requests at front counter. • Investigates and enforces city ordinance violations related to property maintenance and outside storage. • Performs other duties and assignments as directed. NECESSARY KNOWLEDGE, SKILLS AND ABILITIES: • Working knowledge of English , spelling , grammar , punctuation and vocabulary so as to write legible and comprehensible reports. • Demonstrated ability to commun icate orally and in writing . • Ability to learn applicable laws, ordinances, and department rules and regulations. • Skill in operation of listed tools and equipment. • Ability to establish and maintain effective working relationships with supervisors , officers , and other department employees. QUALIFICATIONS • 18 years of age or older. • High School Diploma or equivalent. • Interest in law enforcement ; presently enrolled in a P.O.S.T. accredited law enforcement program. page 239 • Valid Driver's License. • Successful completion of background investigation , psychological evaluation and physical. • No criminal convictions for any felony , any gross misdemeanor, or misdemeanor assault. • Ability to maintain a positive image to the public. • Ability to exercise sound judgment in evaluating situations and in m aking decisions . • Ability to act in a courteous , professional manner with colleagues and the public. Miscellaneous Information Must satisfactorily pass a criminal background examination. Safety Policy It is the responsibility of every employee of the City of Mendota Heights to know and observe the safety policies and procedures of the city. Each employee is expected to perform their tasks in a safe and efficient manner while using appropriate safety equipment, clothing and devices. Physical Activities/Requirements Overall Physical Strength Demands Sedentary Exerting up to 10 lbs. occasionally or negligible weights frequently; sitting most of the time. Light Exerting up to 20 lbs. occasionally, 10 lbs. frequently, or negligible amounts constantly; Sitting most of the time. Frequently requires walking or standing. Medium Exerting 20 – 50 lbs. occasionally, 10 – 25 lbs. frequently, or up to 10 lbs. constantly. Heavy Exerting 50 – 100 lbs. occasionally, 25-50 lbs. frequently, or up to 10-20 lbs. constantly.  Very Heavy Exerting over 100 lbs. occasionally, 50 – 100 lbs. frequently, or up to 20-50 lbs. constantly. page 240 Physical Demands C = Continuously 2/3 or more of the time. F = Frequently From 1/3 to 2/3 of the time. O = Occasionally Up to 1/3 of the time. R = Rarely Less than 1 hour per week. N = Never Never Occurs Physical Demands Frequency Code Example Standing F Directing traffic flow, assisting at community events. Sitting F Squad car, workstation Walking F During regular police activities and training, foot patrol Lifting O Transporting essential gear and emergency equipment, assisting others by lifting victims onto gurney cart Carrying F Equipment, victims Running R Foot pursuits Pushing/Pulling F Vehicles, debris, individuals in custody, doors Reaching F Retrieving items within workstation or vehicle such as radio, firearm, other essential equipment Handling F Suspect search and frisk, driving, firearms use or checking for vital signs when rendering medical assistance Fine Dexterity F Computer keyboard Kneeling N Firearms training, to assist at accident scene, gathering evidence Crouching N Firearms training, to assist at accident scene, gathering evidence Crawling O Assist at accident scene, gathering evidence Bending O Assist at accident scene, gathering evidence Twisting F Getting in and out of squad car Climbing R Climbing stairs, scaling walls and fences Balancing R Fences, ladders, stairs, Vision C Reading reports, monitoring patrol area, identify cars and suspects. Computer screen. Hearing C Monitoring radio communication, answering inquiries from the public, taking statements Talking C Conducting interviews and investigations, communicating with the public. Foot Controls F Driving Squad car Other (specify) F The individual may encounter stress and pressures from dealing with emotional issues and conflicts. page 241 Machines, Tools, Equipment and Work Aids Police vehicles, radio, first aid equipment, camera, digital recorder, finger printing kit, measuring devices, smartphones, uniform, computer, bicycles, and all other police related equipment used for non-sworn police service. Environmental Factors D = Daily W = Several times per week M = Several times per month S = Seasonally N = Never Health and Safety Environmental Factors Primary Work Location Mechanical Hazards W Dirt and Dust W Office Environment X Chemical Hazards W Extreme Temperatures S Vehicle X Electrical Hazards W Noise and Vibration D Outdoors X Fire Hazards W Fumes and Oder W Other Explosives M Wetness/Humidity S Communicable Diseases D Darkness or poor lighting D Physical Danger or abuse D Other (specify): Work Schedule Possibilities Typical 40 hour work week  Work on Weekends  Rotating Shift Work  Overtime  9.5 Hour Shift Work  On call/call out  Work on Holidays Employees performing the duties of this job will frequently work in outside weather conditions. Office environment work is performed in a well-lit, well ventilated and temperature controlled office. Noise level in the work environment is usually moderate. Protective Equipment Required Hazardous material and biohazard personal protective equipment, bullet proof vest, respirators, eye & ear protection, firearms, pepper spray, baton, EMD, handcuffs, rain gear, and various immunizations. Non-physical Demands include Continuously 2/3 or more of the time Frequently From 1/3 to 2/3 of the time Occasionally up to 1/3 of the time Rarely Less than 1 hour per week Never Time Pressures - Occasionally Emergency Situations - Frequently Frequent Change of Tasks - Occasionally Irregular Work Schedule/Overtime - Frequently Performing Multiple Tasks Simultaneously - Frequently Working Closely with Others as Part of a Team - Frequently Tedious Work - Frequently Noisy/Distracting Environment - Frequently Other: page 242 The above description is intended to describe the general functions, skills and knowledge of the person assigned to this job. These examples are intended only as illustrative of various types of work performed, and are not all inclusive. The employee may be required to perform other related duties as assigned. The job description is subject to change as the needs of the employer and requirements of the job change. page 243 MEETING DATE: June 7, 2016 TO: Mayor, City Council and City Administrator FROM: Tamara Schutta, Assistant to the City Administrator/HR Coordinator SUBJECT: Approval for Information Technology Specialist BACKGROUND In April, the City Council In 2015, the City Council approved an IT Intern position description and authorized staff to begin the recruitment process for one Information Technology Intern position. Staff did proceed with advertising and interviewing for an IT Intern. However, it was determined that an IT Intern wasn’t the best solution for the City. Currently the IT Manager supports 100+ hardware devices (including 10 servers, 70 workstations, 16 printers, etc.), as well as 50+ applications. The IT Manager provides end-user support for 47 regular employees, as well as 36 paid-on-call firefighters and volunteer Police Reserve. During the 2016 Budget process staff initially requested an additional part-time IT Specialist position (20 hours per week, 4 hours per day). Projected costs for a part-time IT Specialist was approximately $39,000. City Council did approved $15,000 for IT support beginning 2016. The IT Department has some large projects planned for the remainder of the year which will require specific and detailed knowledge of hardware and software deployment methods and requirements. These projects include, but are not limited to, Exchange server hardware and software upgrade, anti-virus hardware and software upgrade, two file server hardware upgrades and redesign the WIFI network, including new hardware. At this time, staff is requesting Council approval for a part-time IT Specialist position. The primary objective of this position would be to assist the IT Manager in maintaining the City’s IT infrastructure and serve as the primary contact for help desk services. See attached position description. BUDGET IMPACT The part-time IT Specialist would be a Grade 20, non-exempt position. The 2016 hourly rate would be $25.88. Estimated cost for an IT Specialist for the remainder of the 2016 is page 244 approximately $18,600. This includes fringe benefits. The 2016 Budget includes $15,000 for IT support. Cost for the IT Specialist for 2017 is estimated at $43,000. The IT Manager has indicated a willingness to go to .8 time. This would provide approximately $18,000 for the IT Specialist position in 2017. The additional costs would need to be provided for in the 2017 levy, which would increase the levy by $10,000. It should be noted that the reduction of the Accounting Clerk position to go from full time, to .6 FTE will provide additional funding options to help make up the difference between budgeted funds and the increased cost of the IT Specialist described herein. RECOMMENDTATION Staff recommends that the Mendota Heights City Council approve the IT Specialist position description and authorize staff to begin the recruitment process for one IT Specialist position. ACTION REQUIRED If the City Council desires to implement the recommendation, pass a motion to approve the position description and authorize staff to take the steps necessary to hire an IT Specialist. page 245 CITY OF MENDOTA HEIGHTS TITLE: IT SPECIALIST Department: Administration Accountable To: IT Manager Class Code: Primary Location: City Hall Normal Hours: 20 hours per week Date of Last Revision: June 7, 2016 *Hours may vary based on business need. Job Purpose: The IT Specialist assists in supporting and maintaining the City’s network infrastructure. Configures, supports and troubleshoots a wide range of hardware and software, including servers, desktop computers and mobile devices. Performs helpdesk functions. Essential Duties and Responsibilities 1. Assists with the management of the network infrastructure and servers, including development and documentation of procedures and support processes. 2. Assists with management and support of Active Directory and server applications, such as Backup Exec and Exchange. 3. Assists in maintaining IT hardware and software inventory. 4. Assists in software patching and upgrades, including but not limited to Windows, Microsoft Office, Laserfiche, Adobe and other department-specific software applications. 5. Assists in maintaining and supporting peripheral devices, such as printers, copiers, projectors, etc. 6. Assists in maintaining and supporting public safety technology equipment, including mobile units. 7. Assists in management and support of building security applications and devices. 8. Assists in managing the City’s web content. 9. Configures and installs cellphones for City employees. 10. Prioritizes and responds to end user hardware, software and network support requests. 11. Responsible for resolution of helpdesk requests. 12. Other duties as assigned. Core Competencies by all City Employees: • Knowledge of work rules. Develops and maintains a thorough working knowledge of all city and applicable jurisdictional policies and procedures in order the help facilitate compliance with such policies and procedures by all staff members. • Develops respectful, cooperative and productive work relationships with coworkers, including the demonstrated willingness to help newer staff so their respective job responsibilities can be performed with confidence as quickly as possible. • Commitment to customer service. Demonstrates by personal example the service quality and integrity expected from all staff members. Represents Mendota page 246 Heights in a professional manner to the general public, employees and to other outside contact/constituencies in a manner that helps maintain and enhance Mendota Heights’ reputation as well managed and citizen oriented. • Communication. Confers regularly with and keep immediate supervisor informed of all important matters pertaining to those functions and job responsibilities for which the employee is accountable. • Productivity and work organization. Demonstrate ability to plan, organize and accomplish work in a timely and efficient manner. • Problem solving and decision making. Exercise good judgment, analytical thinking, and independent thinking as it relates to departmental and city procedures, problems and policy interpretations. • Safety rules and procedures. Develop knowledge of and observe the safety policies and procedures of the city. Perform tasks in a safe and efficient manner while using appropriate safety equipment, clothing and devices. Physical Activities/Requirements Positions in this class typically require: sitting, standing, climbing, kneeling, twisting, stooping, balancing, feeling, manual dexterity, grasping, talking, hearing and seeing. The individual may encounter unexpected and prolonged workdays and stress and pressures. There is sustained exposure to computer keyboards and video screens. Sedentary work: Exerting up to 50 pounds of force occasionally and/or a negligible amount of force frequently or constantly to lift, carry, push, pull or otherwise move computers and peripherals. Environmental Conditions-Most work is performed in the city hall. Some driving between work sites will be required. Most work is performed in a well-lit, well ventilated and temperature controlled office. Some work is performed outside when working on squad cars. Noise level is at a minimum. Equipment and Tools-Computer, terminal, peripherals, multi-line telephone, fax machine, calculator, and other basic office machines. Safety Policy It is the responsibility of every employee of the city of Mendota Heights to know and observe the safety policies and procedures of the city. Each employee is expected to perform their tasks in a safe and efficient manner while using appropriate safety equipment, clothing and devices. Minimum Qualifications • Ability to meet BCA criteria for access to secure police network computers. • Valid driver’s license. • Experience in multiple platforms; Operating systems- Windows 7, 10, Apple iOS, Desktop Office products: MS Office 2013, • Experience in setting up and installing personal computers, printers, and wireless page 247 devices in a network environment. • Experience with Local Area Network (LAN), and WiFi communications systems and equipment. Desirable Qualifications • Knowledge regarding personal computer hardware, software, Smartphones, printers, multi-function devices and networking. • Technical training in IT systems support • Knowledge of virtual environments specifically based on vmWare virtualization software for servers and desktops. • Customer service oriented, self-motivated and takes direction. • Ability to communicate effectively, in written and oral form. Miscellaneous Information Final candidate must satisfactorily pass a criminal background investigation and reference verification. Individual will be required to submit to and pass a drug and/or alcohol screen. The above description is intended to describe the general functions, skills and knowledge of the person assigned to this job. These examples are intended only as illustrative of various types of work performed, and are not all inclusive. The employee may be required to perform other related duties as assigned. The job description is subject to change as the needs of the employer and requirements of the job change. page 248