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2012-02-08 Council PacketCITY OF IVIENDOTA HEIGHTS CITY COUNCIL AGENDA February 8, 2012 — 7:00 p.m. Mendota Heights City Hall 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Adopt Agenda 5. Consent Agenda a. Acknowledgment of January 10, 2012 Parks and Recreation Minutes b. Acknowledgement of January 17, 2012 City Council Minutes c. Acknowledgement of January 18, 2012 Airport Relations Commission Minutes d. Acknowledgement of January 24, 2012 Planning Commission Minutes e. Acknowledgement of December 2011 Treasurer's Report f. Dakota County Spring Clean Up Joint Powers Agreement g. Resolution of Support for Noise Oversight Committee Noise Mitigation Proposal h. Approval of 2012-2013 LELS Police Union Contract i. Approval of Sign Permit at 2520 Pilot Knob Road — Zenith American Solutions j. Authorization to Begin Engineering Intern Recruitment Process k. Authorization to Begin Seasonal Worker Hiring and Recruitment Process I. Authorize Purchase Order for Invasive Plant Removal in Valley Park m. Acknowledgement of January 2012 Building Activity Report n. Approval of Contractors List o. Approval of Claims List 6. Presentations a. Recognition of Outgoing City Commission Members 7. Public Comments 8. Public Hearings a. CEC Food and Beverage, LLC/Le Cordon Bleu Liquor License (Continued from January 17, 2012 City Council Meeting) 9. Unfinished and New Business a. Planning Case 2012-04; Variance — ISD 197/Henry Sibley High School, and consideration of "RESOLUTION APPROVING A VARIANCE FROM THE MAXIMUM WALL SIGN AREA REQUIREMENT AT 1897 DELAWARE AVENUE" b. Commercial Property Maintenance Ordinance %Council Comments 11. Closed Session to Discuss Potential Acquisition of Real Property 12.Adjourn 5a 1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PARKS AND TiV rnEATION MEETING January 10, 2011 The January 2012 meeting of the Mendota Heights Parks and Recreation Commission was held on Tuesday, January 10, 2012. at Mendota Heights City Hall, 1101 Victoria Curve. Acting Chair Steve Commers called to order the Parks and Recreation Commission meeting at 6:31 p.m. The following Commissioners were present: Acting Chair Steve Commers, Commissioners Mary McGrory - Ussett, Mike Toth, Stephanie Levine and Tom Kraus. Staff present: Assistant to the City Administrator Jake Sedlacek and Recreation Programmer Teresa Gangelhoff. Approval of Minutes Commissioner Levine made motion to approve the November 8, 2011 minutes; Commissioner McGrory - Ussett seconded the motion. AYES 5: NAYS 0 Commissioner Kraus made motion to approve the December 13, 2011 minutes; Commissioner Toth seconded the motion. AYES 5: NAYS 0 Parks and Recreation Report Ms. Gangelhoff presented the Recreation Programmers Report. Fourteen youth participated in the winter field trip and the winter gymnastics program is underway. While the weather for making ice has been poor, staff hopes to start the Learn to Skate program on Saturday, January 14, 2012. Planning is underway for spring and summer programs for 2012, which will be featured in the next edition of Heights Highlights, which will be out in early February. Registration for spring programs will start the week of March 19, 2012. Parks Celebration Planning 2012 will mark the 25th anniversary of the Mendota Heights Park Celebration. The celebration itself will run from 11:00 a.m. to 2:00 p.m. on Saturday, June 2, 2012. Mr. Sedlacek presented a list of activities which had been discussed at previous commission meetings. The commission discussed who might take responsibility for coordinating specific events. There are several standard activities which can be coordinated by staff. Staff will also touch base with local businesses who are eager to host activities such as the hockey shoot. Staff will touch base with Boltz Tae Kwon Do about working with Mendota Plaza to coordinate a car show, Pilot Knob Preservation Association about Pilot Knob Site Tours, and the National Guard about having a climbing wall for the weekend. The commission expressed their interest in inviting the MN Department of Natural Resources to bring the "touch tank" that was used at last Page - 1 2 year's fishing derby. This is an opportunity to educate the public about protecting our parks and the environment. Engineering staff-will be contacted about storm water and runoff awareness.. Given the number of activities and booths, the commission encouraged staff to rent a large tent for the day, with sides. The commission expressed the importance of promoting the event. Promotional materials should include press releases, posters, banners and email blasts. Staff and the commission discussed various events in greater detail, assigning responsibilities and further developing ideas. A planning meeting was set for 6:00 p.m. preceding the next commission meeting on Tuesday, February 14, 2012. This meeting will include review of promotional materials and a discussion of site needs for the day of the event. Parks and Recreation Goals: The commission briefly discussed the Draft 2012 Work Plan. The commission was pleased to see documented goals and felt that it would be a good topic for the February meeting with the new commissioners on hand. Mr. Sedlacek asked the commissioners to review the draft and provide feedback prior to the February meeting. Commissioner McGrory -Ussett made motion to table discussion of the 2012 Work Plan to the February 2012 meeting; Commissioner Toth seconded the motion. AYES 5: NAYS 0 Capital Improvements Plan Mr. Sedlacek reviewed recently completed parks improvement projects and prefaced discussion on the capital improvements plan by clarifying that the special parks fund balance would not be discussed at the January meeting. Mr. Sedlacek encouraged the commission to focus on defining needs and priorities for improvement projects. A list of potential improvement projects was provided by staff, including items from previous plans and items which have been recently identified. Commissioner Toth requested clarification on how a project is deemed an "improvement" or "maintenance." Mr. Sedlacek replied that when a project involves costs which exceed 50% of the existing structure /facility, it is considered an improvement. If project cost is a fraction of the total cost of the structure, it can be considered maintenance. Commissioner Levine asked how the commission might be able to relate trail improvement projects to parks improvement projects. Staff reported that a separate five -year trail improvement plan, similar to our streets and sewer improvements plans in in the works. City engineering staff plays an important role in trail improvements planning and have been extremely busy on other projects. The commission requested that staff keep trail planning as a priority. Commissioner McGrory -Ussett proposed that the commission identify criteria for considering projects. With some discussion, the following criteria were agreed upon: 1. Is the project related to park safety 2. What is the anticipated level of use of the facility 3. Is there an element of urgency for the improvement 4. Does the improvement add value to the park/community Page - 2 Utilizing these criteria, the commission provided very good feedback on several ideas. The commission discussed not just the needs identified, but also discussed alternatives to solving those needs. • Rogers Lake Skate Park — there is a safety issue — the half-pipe needs some repairs. This facility is well used and has not seen any improvements in several years. The commission found this to be a high priority project. • Civic Center Ball Field sun shades — the field gets regular use, but there is no clear safety issue. Users have been able to cover player bench areas with tarps (which may be stored at the field) and have taken advantage of trees for shade. The commission asked staff to look into tree plantings as a medium priority project. • Copperfield Ponds — the idea of improving the unpaved walking trail with interpretive signs and native plantings has been mentioned in the last couple plans. The commission found that this is not a safety issue and that resources might be better used at Valley Park — a larger open space with greater usage. Improvements to the Copperfield Ponds Trail may be moved up if Friendly Hills Middle School were to lead a project. • Friendly Hills hockey lights — depending upon the scope of the project, this could be considered maintenance or an improvement. Staff will get estimates on expectations for maintenance. New lights would improve lighting conditions. This is not a safety issue, and useage of the hockey and pleasure skating rink is low compared to other facilities. The commission found this to be a lower priority project. o Friendly March athletic fields. MHAA and Sting Soccer have asked the city to look into expanding the number of fields for soccer, football and lacrosse. There are considerable costs for development of a field, as well as for access/parking. The commission would like to see the current and anticipated demand for athletic fields, as well as updated estimates for the improvements. This project was found to be a medium to low priority. o Hagstrom King sun shades — the baseball field has limited shade for players and families. In recent years, a shade and tree plantings have been installed near the playground. The commission would like staff to investigate planting trees to increase shade for players and families as a medium to high priority. o Sport court for tennis courts — there are no courts currently in need of significant repair work. The commission does not favor sport court tiles, but recognizes that future plans out to include some notes about anticipated maintenance needs for courts. The commission discussed the considerable number of tennis courts in the community. Staff will complete more research on the history and conditions of current courts. • Ivy Hill Park pond fountain — the commission expressed little interest in a fountain for this pond. o Marie Park hockey rink paving — paving improves ice quality and the length of time ice is available. Commission found that this is not a safety issue, and that use is not as high as other facilities. Staff will verify estimates for further discussion o Mendakota Park storage building — our parks maintenance staff would like to have a storage area for equipment and supplies specific to Mendakota Park. MHAA and our fire department have also expressed interest in additional storage in the area. The commission did not feel that the need for storage was well defined. This will be a low priority until the users are able to bring forward a plan and defined need. Commissioner Toth asked staff to inquire if the wauning houses could be used by MHAA for summer storage needs. o Mendakota Park playground refurbish — the play structure at Mendakota is old. The structure of the playground is good, but there are a number of maintenance and safety Page - 3 4 updates which should be completed. The commission recognized the high use of the facility-and concerns for safety as factors to place this item as a high priority •project. • Mendakota Park shelter roof — the roof is made of cedar shakes and is likely original materials. Staff will re- evaluate the age and condition of the roof and bring that back to the commission. • Warming houses — all three of the warming houses are in poor condition. It is not a safety issue, but each structure is at the end of their useful life and should be included in the capital improvement list. The use is not high, however the cost for replacement is. This is a low priority, but is something staff should continue working on. • The Kensington Park restroom upgrade has stalled, as staff wait on updated plans from the architect retained by Dakota County. Staff hopes to have the improvements completed early in 2012. Staff will update the project sheets as directed by the commission and bring back a draft of the improvement plan to the February meeting. Par 3 Update Mr. Sedlacek reported that the golf course was in very good condition at the onset of winter, but is in need of a blanket of snow to protect the turf from springtime freezing and thawing cycles. Year to date reporting for expenditures and revenues through November 30, 2012 were provided. Expenditures came in less than budgeted, but revenues came in far less than budgeted, resulting in a net loss for the year. Expenditures are in line with previous years, but revenue has fallen far short of expectations. Mr. Sedlacek pointed out that national rounds of golf played are down, and weather in the last two years has been hard for golfers. Regardless of why rounds are down, the city needs to increase efforts to bring customers to the course. The greens committee is set to meet January 11, 2012 to discuss programming, brainstorm on promotions and review a draft marketing plan. The estimates for roof replacement at the clubhouse were verified to be accurate, but the project was not completed given the financial performance of the course. The current roof is intact, although quite old. Finance staff will be able to provide year -end numbers for course performance in March. Mr. Sedlacek hopes to present the 2011 Annual Report at the March 13, 2012 commission meeting. February Meeting Mr. Sedlacek stated that the city council will host a formal recognition for our outgoing commissioners at a council meeting. In the past, the commission has also had a less formal gathering. If the commission would like, staff can have treats available for the February commission meeting, to thank our three outgoing commissioners and to welcome our three new commission members. Commissioners Kraus and Commers stated that they did not feel it necessary to have another gathering in their honor. The February meeting will be busy already, with a full agenda and the pre- meeting for the parks celebration. Election of Chair and Vice Chair At the commission meeting in December, the commission had asked that elections be placed on the January agenda, rather than February so that outgoing commissioners Kraus and Commers could participate in the discussion. The three commissioners present who are returning in 2012 preferred to hold off elections until all four of the incumbent commissioners were present. Elections will be held at the February 14, 2012 commission. The commission did recognize the need to select an acting chair and backup for the February meeting. Commissioner Toth Page -4 volunteered to chair the February meeting; Commissioner McGrory- Ussett volunteered to serve as vice chair for the February meeting.. - -- . -- The commission voted to confirm Commissioner Toth as acting chair, and Commissioner McGrory- Ussett as acting vice chair until elections can be held in February. AYES 5: NAYS 0 Commission Comments Commissioner Toth implored the community to be patient with public works staff, as they work hard to establish ice in the hockey and pleasure rinks. The weather has made this a difficult task, but they hope to have the rinks open by the week's end. Each commissioner expressed gratitude to commissioners Morris, Kraus and Commers for their years of service to the commission and to the community. The commissioners also expressed thanks to Mr. Sedlacek for preparing the large agenda packet, so the commission could have a strong start to the year. Commissioners Commers and Kraus expressed their thanks to the remaining commissioners for their hard work over the years, and both vowed to keep apprised of parks happenings and needs. Commissioner McGrory - Ussett stated that the northern end of the Valley Park Trail is in very poor condition. Mr. Sedlacek will ask engineering staff to follow up with the contractor. Commissioner Kraus made motion to adjourn the meeting; Commissioner Toth seconded the motion. AYES 5: NAYS 0 Chair Commers adjourned the meeting at 8:45 p.m. Mendota Heights City Council CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, January 17, 2012 5b January 17, 2012 Page 1. 6 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Krebsbach called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Duggan, Povolny, and Petschel. Councilmember Vitelli was absent. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Krebsbach presented the agenda for adoption. Councilmember Duggan moved adoption of the agenda. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 APPROVAL OF MINUTES Councilmember Petschel moved approval of the minutes with one noted correction of the regular meeting held on January 3, 2012. Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 Absent: 1 Councilmember Petschel moved approval of the minutes of the commission interviews meeting held on January 10, 2012. Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 Absent: 1 CONSENT CALENDAR Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and approval. Councilmember Duggan moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein; pulling items C) Approval of 2012 City Council Meeting Schedule and I) Receive 2010 Citizen Assisted Lake Monitoring Program (CAMP) Results 7 Mendota Heights City Council January 17, 2012 Page 2 a. Acknowledgement of the December 2011 Fire Department Report b. Acknowledgement of Par 3 Update through November 2011 c. Approval of 2012 City Council Meeting Schedule d. Purchase of Large Format Plotter /Scanner for Engineering Department e. 2012 Floating Holiday Designations f. Approval of 2012 Pay Equity Report g. Acknowledgement of SW/WC Service Cooperative Grant Receipt h. Adoption of "RESOLUTION ADOPTING THE 2012 FEE SCHEDULE" i. Receive 2010 Citizen Assisted Lake Monitoring Program (CAMP) Results j. Approve the Claims List Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 APPROVAL OF 2012 CITY COUNCIL MEETING SCHEDULE Councilmember Duggan wished to note for residents that the Saturday, May 5, 2012 Clean Up Day is not on the meeting schedule but many of the Councilmembers do help out. He also noted that Saturday, June 2, 2012 is the twenty -fifth anniversary of celebrating Mendota Heights Parks and again many Councilmembers volunteer at that event. Assistant City Engineer Ryan Ruzek made mention that the Saturday, May 5, 2012 Clean Up Day may change as staff is working with Dakota County and will inform residents when the actual date becomes official. Mayor Krebsbach asked that it be noted on the City Council Meeting Schedule that these dates are available on the City Calendar. Councilmember Duggan moved to accept Approval of 2012 City Council Meeting Schedule. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 RECEIVE 2010 CITIZEN ASSISTED LAKE MONITORING PROGRAM (CAMP) RESULTS Councilmember Duggan asked if staff, in creating this report, had looked at the results of Rogers Lake that was provided by the students of St. Thomas Academy, as there seems to be some discrepancy. Assistant City Engineer Ryan Ruzek replied that the results have not been compared with the results from St. Thomas Academy. The results attached to staff's report are straight out of a book that is given to the city by the Met Council. The Met Council takes the samples that the city provides, does all of the analyses, and creates a large book with every lake that they monitor. Councilmember Duggan suggested that a copy of the report be sent to St. Thomas Academy for cross - referencing on their part. Mendota Heights City Council January 17, 2012 8 Page 3 MayorKrcbsbach-askedMr :- Ruzek to give a brief overview of the :results- of- this..replort....1/Ir;_Ral ek.listed.the. results as follows: LeMay Lake Phosphorous = Grade B Chlorophyll -a = Grade A Secchi Transparency = Grade C Overall Grade = B Rogers Lake Phosphorous = Grade C Chlorophyll -a = Grade A Secchi Transparency = Grade C Overall Grade = B Councilmember Duggan moved to accept a motion to Receive 2010 Citizen Assisted Lake Monitoring Program (CAMP) Results Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 PUBLIC COMMENTS There were no public comments. BID AWARD A) AWARD OF CONTRACT AND ADOPTION OF "A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE ROOF REPLACEMENT AT PUBLIC WORKS BUILDING" Assistant City Engineer Ryan Ruzek was available to answer any questions from council. Councilmember Duggan asked about warranties and guaranties in relation to work. Mr. Ruzek replied that the specifications are requiring a twenty -year material and insulation warranty on the entire roof system. Councilmember Duggan mentioned that in the past a roof was put on top of the roof and asked if both roofs will be removed. Mr. Ruzek replied in the affirmative and stated that currently there is a ballisted roof that has river rock holding it in place. The new roof system is a fully adhered roof system and will not have any rocks. All of the rocks will be salvaged and reused. Councilmember Duggan asked if there was any consideration given to a green roof, like maybe putting solar panels on the roof. Mr. Ruzek replied that they did look into a green type of roof, which would be a white rubber membrane; however, the longevity was insufficient. Councilmember Duggan asked who would be supervising the installation. Mr. Ruzek answered that it would be a combination of Facility Manager Terry Sullivan and the Engineering Department. 9 Mendota Heights City Council January 17, 2012 Page 4 Mayor Krebsbach asked; on this type of bid, if the cityis=required to -accept the lowest bid or accept the best value. Mr. Ruzek answered that the city is always able to accept the best value. Councilmember Povolny inquired about the difference between the lowest bid and the next bid. Mr. Ruzek stated that he spoke with the second lowest bidder and they felt that they could not perform the job at the lower price. However, the city has worked with the low bidder in the past and staff is comfortable awarding the project to them. Councilmember Povolny also asked if they have a performance bond. Mr. Ruzek replied in the affirmative and it is a requirement. Councilmember Duggan moved approval of a "Resolution Accepting Bids and Awarding Contract for the Roof Replacement at Public Works Building" Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 PUBLIC HEARINGS A) CEC FOOD AND BEVERAGE, LLC/LE CORDON BLEU LIQUOR LICENSE City Clerk Sandie Thone explained that CEC Food and Beverage, LLC will become the new owner and licensee of Le Cordon Bleu, previously owned by Western Culinary Institute. This ownership change requires a new liquor license per city code. Tonight will be the first of two public hearings, the next public hearing will be held on February 8, 2012 for an on -sale wine institutional license and a 3.2 malt liquor license. All materials have been submitted and fees per Mendota Heights City Code and the Department of Public Safety. The company's manager has successfully passed a background investigation with the Mendota Heights Police Department. Mayor Krebsbach opened the public hearing and asked if there were any comments from the audience. There were no comments or questions from the public. Councilmember Duggan asked how the police department would do their spot checks in a situation like this since it is different than a restaurant in the community. Chief of Police Michael Aschenbrener replied that they have two choices; they can send someone to Le Cordon Bleu cooking school or they can try to get invited to the open dinners that they have, which is where they actually serve the alcohol. So far they have not been successful but they also have not received any complaints. Councilmember Duggan moved to continue the public hearing for the CEC Food and Beverage, LLC/Le Cordon Bleu Liquor License to Wednesday, February 8, 2012. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 UNFINISHED AND NEW BUSINESS A) ADOPTION OF A "RESOLUTION APPOINTING COMMISSION MEMBERS AND WATERSHED REPRESENTATIVES" Mendota Heights City Council January 17, 2012 1 0 Page 5 Mayor- Krebsbach stated that on- January. 8; 2012: the,. council. hell ,intP:cF✓ iews- for .al - applicants.. for -open commission seats and the following were appointed to serve: Airport Relations Commission Paul Portz Parks and Recreation Commission Pat Hindersheid Ira Kipp Tom Tschida Lower Mississippi River Watershed Management Organization Alternate Representative: Jill Smith Gun Club Lake Watershed Management Organization Primary Representative: John Molinaro Alternate Representative: Don Mokenhaupt Councilmember Petschel moved approval of a "Resolution Appointing Commission Members and Watershed Representatives" Councilmember Petschel commented on the quality of the applicants. She found it gratifying to see new faces, young faces coming forward in the community to serve with excellent qualifications. Mayor Krebsbach expressed her agreement with Councilmember Petschel. Councilmember Povolny commented that he is very excited about the group coming aboard. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 COUNCIL COMMENTS Councihnember Povolny stated that a couple of weeks ago he went with the Mendota Heights Fire Department on a training rescue drill at Rogers Lake. While he was in the middle of this training, the alarm went off and he had the opportunity to get in the truck with the firemen and ride with them on a call, watch them operate, and see their organization, commitment, and dedication. He stated he was very proud of the Mendota Heights Fire Department. Councilmember Duggan expressed congratulations to staff for a job well done putting up with the replacement of the carpet, as it is a slow process. Councilmember Petschel mentioned there was an in -store fashion show going on at Mainstream Boutique in the Village at the same time this meeting was taking place. She also mentioned that City Administrator Justin Miller and she attended an informational meeting in the City of Richfield that was put on by the Knox City's Group to hear Dennis McGrann, who represents noise with the city's lobbying arm in terms of mitigating all of the affects of airport noise and anything that can be done on a national level to get funding and legislation for the city's agenda. They were brought up -to -date on all of the research work that has been �c 11 ~ CITY OF MENDOTA DAKOTA COUNTY, MINNESOTA AIRPORT RELATIONS COMMISSION MINUTES January 18, 2012 The regular o[�*M���B���&i�o R��oaCom�s�now���ooW� January — 18, 2012 at 7:0Opzn.a1 1101 Victoria Curve Mendota Heights, MN. The following uonomiouk/oern were present: Sally Lorberbaum, Kevin Byrnes, and Gina Norling Absent: David Sloan, William Dunn, Jim Nauharths, and Gretchen Keenan Also present: Public Works Director/City Engineer John MuzzdeUo, City Administrator Justin_ Miller, Council Members Liz ynts±/c]&sDltan Duggan, and Commissioner Designee Puu1Portz Approval of Minutes Minutes could not be due to lack ofqoorunz. Commissioners inu�eudaucerevievvedminutes and uocorrections '' made. Approval Approval ofthe Minutes will be carried forward to the February rneeting. Noise Oversight Committee (NOC) Meeting Update Council Member Duggan spoke about the bi-rnonthly rneetings ofthe City Representatives to the NOC and how this group was instrumental in convincing the Metropolitan Council to review the MAC Long- Range Comprehensive Plan every 5 years. He also praised the work Couricil Member Petschel has done with regards to the NOC. Council Members Petschel and Duggan recapped the January 18 2012 NOC meeting includi 1. Review of a presentation provided by MAC in response to complaint received form neighborhoods in South Minneapolis about departure noise. 2. Summarized the recommendation of the preferred altemative outlined in the Environrnental Assessment (EA) for the Long-Range Comprehensive Plan. Summary included discussion about a letter delivere 'to the NOC form the Ci.ty ofMinneapolis asking for a delay in the reoomrnuodadmuduetoc0000rnaoverdupartur000ioeinSouthMDouoapo|io. 3. Suggested a letter be sent to the MAC from the ARC, through the City Council to support the noise mitigation plan outlined in the preferred alternative ofthe EA 4. Stated the RNAV iinplementation for approaches will be implemented in 2013 followed by implernentation for departures. . 5. Reviewed the proQran/�odvingthe beabhafIedsof prolonged noise exposure due tou/qzortu. Study being conducted by the National Organi zu1/ ootn Eo our�u Sound-Controlled (NOISE). � was fb r Mb t d over several other VOI��)�I`��oCitiooiot�ooutionu)��/rportuathe `rpor1n.8tudyvvUlanaiyze1bernedioulc000n]aof55ruUlionpeop)enudnn-p/ide1oidendfv trends in health issues due to airport noise. Introduction o{ new City Administrator, Justin Miller City Administrator Miller introduced himself and gave a brief background on his experience. 12 DNL 60 Ordinance Amendment Process Public Works Director Mazzitello stated the Ordinance passed the City Council as recommended by the ARC and Planning Commission. The map referenced in the Ordinance will update annually with the revisions to the MAC noise contour map. MAC 2012 -2018 Capital Improvement Plan (CIP) Update Memo Commission reviewed the memo. No substantial changes to the project list were noted. January Noise Complaints Public Works Director Mazzitello states he had received several calls about airport noise north of highway 110 during the week of January 9`1'. He contacted the MAC and learned that a combination of military activity and a change to the Saint Paul Airport flight pattern due to an emergency utility repair cause the temporary diversion in the MSP flight pattern. Joint ARC Meeting with Eagan and Inver Grove Heights The City of Eagan has requested to host a joint meeting of the ARCS from Eagan, Mendota Heights, and Inver Grove Heights. The proposed meeting would be on May 8th at 7:OOpm at Eagan City Hall. Commission will discuss the joint meeting at their February meeting. Commission Items of Interest Commissioner Norling presented her report on the Sensor 23 noise monitoring noting an increase in nighttime operations in November and a continued higher level of noise events over 80db. Commissioner Lorberbuam presented her analysis of noise complaints filed by city and departure traffic by city noting the trend of changing departure patterns by city. Articles provided by Commissioner Byrnes were discussed. Acknowledge Receipt of Various Reports /Correspondence Statistical departure operation charts were presented. The monthly reports for November were acknowledged. Upcoming Meetings Upcoming City meetings were reviewed: a. b. c. d. e. f. Planning Commission City Council Meeting Parks & Recreation Commission Next ARC Meeting Presidents Day * *HOLIDAY ** - City Council Meeting 1 -24 -2012 7:00 p.m. 2 -8 -2012 7:00 p.m. 2 -14 -2012 7:00 p.m. 2 -15 -2012 7:00 p.m. City Offices Closed 2 -21 -2012 7:00 p.m. 2 13 Commission noted the change in date for the upcoming City Council meeting form February 7th to February Stn, and the rescheduled ARC meeting from February 8th to February 15tH Public Comments Commissioner Designee Portz asked for a list of acronyms used by the Commission. City Administrator Miller stated he had a list in an orientation folder, and that Mr. Portz would likely learn of the acronyms used during his orientation. Commissioner Lorberbaum asked that the 2012 Work Plan be posted on the City web page, that copies be placed in the City Hall lobby, and that the Commissioners be sent a copy of the final approved plan. Adjourn Due to the lack of a quorum, no formal adjournment motion was required. 3 Planning Commission Minutes January 24, 2012 5d 14 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES January 24, 2012 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, January 24, 2012, in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. The following Commissioners were present: Chair Norton (arrived at 7:05 p.m.), Commissioners Hennes, Magnuson, Noonan, Roston, and Viksnins. Those absent and excused: Commissioner Field. Those present were Assistant to the City Administrator Jake Sedlacek, Public Works Director /City Engineer Mazzitello, and NAC Planner Stephen Grittman / Carie Fuhrman. Minutes were recorded by Heidi Guenther. Approval of Agenda The agenda was approved as submitted. Approval of November 22, 2011, Minutes COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER ROSTON, TO APPROVE THE MINUTES OF NOVEMBER 22, 2011, AS PRESENTED. AYES: 5 NAYS: 0 Chair Norton arrived at 7:05 p.m. Hearings PLANNING CASE #2012 -04 Fourth Dimension Architectural Signage on behalf of Independent School District 197 Variance for Identification Signs Planner Stephen Grittman presented the request of Fourth Dimension Architectural Signage, on behalf of Independent School District #197 for approval of a variance from the City's wall sign regulations. The school district wishes to erect two wall signs upon the Henry Sibley High School (located at 1897 Delaware Avenue), the area of which exceeds Ordinance requirements. The applicants believe the proposed signage would better identify the high school to southbound travelers on Delaware Avenue. Mr. Gritl,nan reviewed the proposed signs the applicants wish to affix to the school building. He noted that according to the Zoning Ordinance, one nameplate sign is allowed for non - residential uses located within residential zoning districts. Such sign may not exceed 12 square feet in size. The applicants are seeking approval of a variance to allow two wall signs, which in total measure 195 square feet in area. Mr. Gritlntan presented staffs analysis of the request and discussed the practical difficulties of the variance request given the fact the high school was located in a residential neighborhood. Staff indicated a 12 square foot identification sign would not be visible from Delaware Avenue, which according to the submitted site plan, lies approximately 300 feet to the east. He explained the variance request reflects the applicants desire to better identify the school's main entry which would not only benefit the school patrons, but would also assist in efficiently moving traffic around the school. Mr. Grittman commented the high school site was nearly 80 acres in size and the physical site needs of the high school do not relate well to the sign area allowances of the Zoning Ordinance. He explained that the applicants 1 15 Planning Commission Minutes January 24, 2012 request for a variance appears to create a "practical difficulty" and meets the tests of the Zoning Ordinance for variance consideration. Staff recommended approval of the variance based on the finding that one wall sign not exceeding 12 square feet in size does not permit reasonable identification of the use to the traveling public. Commissioner Magnuson requested further information on past sign requests from the school district. Mr. Grittuian explained the school district had requested a freestanding sign along Delaware Avenue identifying the entrance drive in the past. However, a proposed wall sign with exposure to southbound traffic would be less intrusive than a freestanding sign near the roadway. Commissioner Noonan commented the 195 square foot variance request was over and above the current square feet of signage affixed to the school. He stated the R -1 zoning standards did not properly address institutional uses in residential areas. Mr. Grittman stated this was the case. Commissioner Hennes did not object to the variance request but questioned if the City had received similar requests in the past. Mr. Griltwan stated this was the City's first request for additional wall signage, but noted the City has reviewed several freestanding sign requests in the past. Commissioner Roston suggested the City propose a text amendment to the Zoning Ordinance to address these types of variance requests in the future. Mr. Grittman stated this would be one way to approach the situation, however, he did not anticipate a large number of requests. Commissioner Viksnins asked if there were any recommended conditions for approval from staff. Mr. Grittman indicated staff had no conditions for the variance approval. Assistant to the City Administrator Sedlacek indicated that public hearing notices were sent to all properties within 100 feet of the subject property. Chair Norton opened the public hearing. Mark Poi him, 4389 Oakmead Lane in White Bear Township, stated he was the Director of Operations for ISD #179. Mr. Fortman commented the proposed signage would greatly enhance the school while assisting traffic to locate the school. Dr. Robin Percival, 14052 Clintwood Way in Apple Valley, introduced herself to the Commission noting she was the principal at Henry Sibley High School. Commissioner Noonan questioned why the proposed signage differed from the existing signage. Mr. Fortman stated the school had different administration in place and the new sign would bring about a better visual presence for the high school. COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER MAGNUSON, TO CLOSE THE PUBLIC HEARING. AYES 6 NAYS 0 Commissioner Noonan commented the variance was the practical option for addressing this sign request but suggested staff review the Zoning Code to assure that numerous variance requests were not brought to the City for approval. Chair Norton estimated there were a dozen institutional uses in the City located within residential zoning districts that could bring about such a request. 2 Planning Commission Minutes January 24, 2012 COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER ROSTON, TO RECOMMEND APPROVAL OF THE VARIANCE AS REQUESTED BASED ON THE FINDINGS OF FACT DETAILED IN THE STAFF REPORT. AYES 6 NAYS 0 Chair Norton advised the City Council would consider this application at its February 8, 2012, meeting. PLANNING CASE #2012 -01 City of Mendota Heights Zoning Amendment — Wetlands Permit Process Title 12, Chapter 2 City Code Planner Stephen Griltuian presented the request of a zoning amendment to the wetlands permitting process. He explained the current process, which requires a full public hearing with final consideration by the City Council, noting this could take up to 45 days from application to Council approval. It has not been uncommon for Wetlands Permits to be requested in which applicants are replacing existing structures (such as decks or porches), but other than during construction, create no additional impacts on the Wetlands areas. Mr. Grittinan reviewed the proposed amendment language in detail with the Commission. It was noted the proposed amendment would create a particular exemption to the processing of certain low- impact applications, allowing the City Administrator, or designee, to approve such permits at a staff level, rather than require the full public review process. With the amendment, projects that are otherwise consistent with City requirements and likely to have little impact on the wetland area, or adjoining properties, may proceed on a quicker timeline. Mr. Grittmtian presented staff's analysis of the request and commented the draft ordinance language would allow staff to approve a permit as submitted, approve with conditions, or refer the item to the Planning Commission for the regular process. Staff recommended approval of the zoning code amendment. Commissioner Roston questioned how comments from concerned neighbors would be taken through the administrative permitting process. Mr. Grittinan indicated an appeal process was in place for all administrative or Council decisions. He stated a concemed neighbor would have every opportunity to make comment with the City if concerned about the wetland permit. Chair Norton opened the public hearing. Seeing no one coming forward wishing to speak, Chair Norton asked for a motion to close the public hearing. COMMISSIONER HENNES MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO CLOSE THE PUBLIC HEARING. AYES 6 NAYS 0 COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER HENNES, TO RECOMMEND APPROVAL OF THE WETLANDS PERMIT PROCESS ZONING ORDINANCE AMENDMENT TO TITLE 12, CHAPTER 2 ADDING AN ADMINISTRATIVE APPROVAL OPTION FOR SIMPLE WETLANDS PERMIT APPLICATIONS AS DETAILED IN THE STAFF REPORT. AYES 6 NAYS 0 Chair Norton advised the City Council would consider this application at its February 8, 2012, meeting. PLANNING CASE #2012 -02 3 16 17 Planning Commission Minutes January 24, 2012 City of Mendota Heights Zoning Amendment — Critical Area Permit Process Title 12, Chapter 3 City Code Planner Stephen Grittman presented the request for a zoning ordinance amendment for the critical area minor project permitting process. He explained the Critical Area Ordinance regulates any construction or land alteration activity in the designated Mississippi River Critical Area Corridor. It was noted the City has required that all such permits follow the full review process of public hearings before the Planning Commission, and City Council approval. Mr. Grittman indicated the current ordinance does have a clause which permits an expedited review to the City Council for "minor" projects. However, concerns related to public notice for certain projects had resulted in a policy decision to require full review with the public hearing. At the request of the Planning Commission, staff spoke with neighboring communities regarding their Critical River regulations. For the vast majority of other cities, most projects were permitted administratively. Common exceptions included new buildings, major re- grading projects and fences. Other minor projects were routinely processed administratively. Mr. Grittman noted that the City had a number of properties within the Critical Area that have neither steep slopes or river exposure, which makes the full permit review process onerous, particularly for the minimal impact projects. Mr. Grittman presented staff's analysis of the request and suggested the expedited review process be re- started, but with a few parameters added to the ordinance to ensure that no projects with potential impacts for the Critical Area escape public notice and comment. The proposed text amendment was discussed in detail. Staff recommended approval of the zoning ordinance amendment. Commissioner Viksnins questioned if any language was being removed from the current code. Mr. Grittman stated the proposed amendment would be adding language to the current ordinance under Title 12, Chapter 3, Section D. Commissioner Magnuson asked if the Commission was comfortable with language in the last line of Section D. She felt "inappropriate requirements" could be misinterpreted. Mr. Grittman indicated the intent of this language would be to limit vague requests from coming before the Council until applications were full and complete. Commissioner Roston questioned if the public hearing notice would allow the Commission to discuss both the current and amended language for this section of City Code. Mr. Sedlacek explained the hearing notice was inclusive and would allow the Commission to review all language pertaining to Critical Area permitting. Commissioner Noonan suggested the last line be removed from Section D to eliminate any confusion. Mr. Grittman stated the City was trying to avoid receiving incomplete applications from the public. Commissioner Roston requested the word "inappropriate" be replaced with "unduly burdensome." Chair Norton opened the public hearing. Seeing no one coming forward wishing to speak, Chair Norton asked for a motion to close the public hearing. COMMISSIONER HENNES MOVED, SECONDED BY COMMISSIONER NOONAN, TO CLOSE THE PUBLIC HEARING. AYES 6 NAYS 0 COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER HENNES, TO RECOMMEND APPROVAL OF THE CRITICAL AREA PERMIT PROCESS ZONING ORDINANCE AMENDMENT TO TITLE 12, CHAPTER 3, SECTION D AS DETAILED IN THE STAFF REPORT, STRIKING THE WORD "INAPPROPRIATE" AND REPLACING IT WITH "UNDULY BURDENSOME." AYES 6 4 Planning Commission Minutes January 24, 2012 NAYS 0 18 Chair Norton advised the City Council would consider this application at its February 8, 2012, meeting. PLANNING CASE #2012 -03 City of Mendota Heights Zoning Amendment — Accessory Structures in Residential Zones Title 12, Chapter 1 City Code Planner Stephen Grittman presented the request for a zoning amendment intended to allow accessory structures for institutional uses in residential zoning districts. The proposed amendment would assist the City in handling these requests in the future. He explained the current process required a conditional use permit, coupled with consideration of variances related to the number, size and total square footage of the proposed accessory buildings. Mr. Grittuan noted that the City's zoning ordinance allows institutional uses in residential districts. However, the accessory building regulations for residential districts are structured to address accessory buildings that are typical of residential uses rather than institutional activities. It was suggested that an amendment to the Zoning Ordinance be considered that would establish specific accessory use regulations for institutional land uses. The Planning Commission recommended a proportional standard, allowing more accessory building space as the size of property increases. Mr. Grittman presented staff's analysis of the request and discussed the language amendments in detail. He noted with this change, the allowable accessory building size will be clarified for both residential and non - residential properties. Non - residential properties would be allowed an accessory building up to 1,000 square feet, with more accessory space allowed through a conditional use permit, based on the size of the property. Staff recommended adoption of the proposed zoning ordinance amendment. Chair Norton requested a change to Item 1 noting it should read, four (4) acres or fewer. Chair Norton opened the public hearing. Seeing no one coming forward wishing to speak, Chair Norton asked for a motion to close the public hearing. COMMISSIONER HENNES MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO CLOSE THE PUBLIC HEARING. AYES 6 NAYS 0 COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER MAGNUSON, TO RECOMMEND APPROVAL OF THE INSTITUTIONAL ACCESSORY BUILDING REGULATIONS IN RESIDENTIAL DISTRICTS ZONING ORDINANCE AMENDMENT TO TITLE 12, CHAPTER 1 AS DETAILED IN THE STAFF REPORT, CHANGING LESS TO FEWER IN ITEM 1. AYES 6 NAYS 0 Chair Norton advised the City Council would consider this application at its February 8, 2012, meeting. Verbal Review Mr. Sedlacek gave the following verbal review: PLANNING CASE #11 -32 City of Mendota Heights 0 Approved by the City Council as recommended by the Planning Commission. Ordinance 440 Amendment 5 1 9 Planning Commission Minutes January 24, 2012 - - - Mr. Sedlacek advised that commercial property amendments have been discussed in the past by the Planning Commission and the City Council would be discussing this matter at the February 8th Council meeting at 7:00 p.m. COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO ADJOURN THE MEETING AT 7:45 P.M. AYES 6 NAYS - 0 Respectfully submitted, Heidi Guenther, Recording Secretary 6 CITY OF MENDOTA HEIGHTS TREASURER'S REPORT DECEMBER 2011 ■ American Bank Checking Account .0296 Savings Account .0296 Collateral - Bonds Gov't. Guar. Investments Saving Cert 2/10/04 @0.65% Cherokee FHLMC 0.596 10/19/16 FHLMC 0.596 10/19V16 FHLMC 1.50% 10/05/18 FHLMC 1.50Y6 10/05/18 FNMA 1.5096 11/23/18 FHLB 1.25% 11/23/18 FHLMC 2.25% 7/27/21 FNMA 2.00% 9/30/21 FHLMC 2.00% 8/30/21 FHLMC 2.375% 12/1/21 FHLMC 1.5% 12/29/21 World's Foremost Bank 3.2% 1/23/12 Bank of Baroda 0.4596 12/12/12 lays Bank 0.45% 12/14V12 Wright Exp Financial Svcs 0.50% 12/21/12 Salile Mae Bank 0.7596 06/14/13 Ally Bank 0.8096 06/14/13 Goldman Sachs Bank 1.5096 12/08/14 GE Capital Financial Inc 2.05% 11/4/16 American Express Cent Bank 2.05% 12/1/16 FideUty Institutonal Government Portfolio (Piper) Gov't Securities Fund 2896 Sold 8/4 MMkt Fd (WF) TOTAL FUNDS AVAILABLE 12/31/11 Funds Available 1/1/2U11 Rates yNonmy Market DEC Bank 0.02Y6 DEC Piper 0.1096 5Yr. Tr. 0.8396 1OYr. Tr. 1.89% BALANCE $36,067.90 $640.06 $36,707.96 Cost $13,952.59 $700.080.00 $500.000.00 $1,000,000.00 $200.000.00 $200.000.00 $500.O0O.00 $250.000.00 $200,000.00 $500.000.00 $468,OO&Q8 $200.000.00 $100.000.00 $100.000.00 $100.000.00 $100.000.00 $100.000.00 $100.000.00 $245.000.00 $245,000.00 $245,000.00 $5.968.397.82 $433.187.00 $2,702.50 $12/8984787 COLLATERAL $87�2.DO $250,000.00 PV $13,952.59 $699.706.00 $499,790.00 $1.000.280.00 $200.058.00 $200`246.00 $500.220.00 $250,017.50 $200.426.00 $501,065.00 $450.436.50 $200.258.00 $100.060.00 $99,924.00 $99,922.00 $99,965.00 $99,791.00 $99,863.00 $244.115.55 $245.041.65 $245.044.10 $5.968.297.82 $1.031.000.00 DATE: TO: FROM: SUBJECT: Discussion The Mendota Heights Spring Clean-Up has successfully diverted tons of trash (literally) from local landfills each year. In 2011 electronics, scrap metals, malliesses, tires and bicycles were separated from trash and kept out of the landfill. This winter Dakota County has inquired if the city would consider collecting household hazardous waste as a part of our 2012 event. The county would like to enhance our clean-up by collecting household hazardous wastes. This includes old paints, fertilizers and other chemicals which residents may be storing or disposing of improperly. If allowed to collect household hazardous waste, the county will also collect electronics for free. The attached joint powers agreement defines the role of the city and the county for the collection event. Adding the collection of household hazardous wastes can be done within our existing structure for the spring clean-up. We will need to have a skid -steer and operator on hand, which has already been discussed with public works. The attached agreement is a standard form which has been utilized in several communities for joint collection events. In order to accommodate the county's schedule, the spring clean-up will be held one week earlier than usual, and will be Saturday, April 28, 2012. CITY OF MENDOTA HEIGHTS MEMO February 8, 2012 Mayor, City Council and City Administrator Jake Sedlacek, Assistant to the City Administrato, Joint Powers Agreement for Spring Clean.Up 21 Budget Impact There is no charge for partnering with Dakota County to collect household hazardous wastes. Because the county will collect electronics for free, the city will not have to pay for disposal. Action Required Staff recommends entering into a joint powers agreement with Dakota County for a one -day household hazardous waste event collection. If city council wishes to implement the recommendation, pass a motion authorizing the mayor to sign the attached joint powers agreement. 5f 22 JOINT POWERS AGREEMENT BETWEEN DAKOTA COUNTY AND THE CITY OF FOR A ONE-DAY HOUSEHOLD HAZARDOUS WASTE EVENT COLLECTION ATTACHMENT A Dakota County Contract # WHEREAS, Minn. Stmt.§471.5Qauthorizes lotatgovernmental units to jointly or cooperatively exercise any power common to the contracting parties; and WHEREAS, Dakota County (County) is a political subdivision of the State of Minnesota; and WHEREAS, the City of OC(City) is a governmental and political subdivision of the State of Minnesota; and WHEREAS, the parties desire to conduct a one-day household hazardous waste (and electronics) collection event in the City. NOW, THEREFORE, in consideration of the mutual promises and beneflts that the County and the City shall derive from this Agreement, the County and the City hereby enter into this Agreement for the purposes stated herein. ARTICLE 1 PURPOSE The purpose of this Agreement is to defin the and of a�the O�fmthe organ�otinnand implementation ofa one-day household hazardous waste (and electronics) collection event to be held in the City duhng‘2G48. (EVENT). ARTICLE 2 PARTIES The parties to this Agreement are Dakota County, Minnesota (County) and the City of rAct‘dc,Vi-, ~V ite .KAinn000to (City). ARTICLE 3 TERM This Agreement shall be effective the date of the signatures of the parties to this Agreement and shall remain in effect until completion by the parties of their respective obligations under this Agreement, unless earlier terminated by law or according to the provisions of this Agreement. ARTICLE 4 COOPERATION of The pad�oagree to cooperate and use their reasonable enousno ensure p/u///ptn//p/=..e.="".. various provisions of this Agreement and to, in good faith, undertake resolution of any dispute in an equitable and timely manner. ARTICLE 5 OBLIGATIONS OFPARTIES 5.1 and disposal of household hazardous wastes (and electronics) generated by the EVENT shall be governed by the terms of separate contracts between the County and its vendors, copies of which will be provided to the City upon request. The packaging, analysis, storage, transportation and disposal of additional items collected by the City at the EVENT shall be governed by the terms of separate contracts between the City and its vendors, copies of which will be provided to the County upon request. The County and the City acknowledge and agree to abide by the terms of said contracts. �f 23 5.2 SITE. The coflection site for the EVENT wUl be Iocated at 2V-14- "W.A.\�^ ' 5.3 GENERAL DUTIES OF PARTIES. Each party shall assist in the organizational duties associated with the EVENT, including site set-up and coordination, volunteer coordination, and publicity for the EVENT. In general, the County vviUpnov�aequipment, eto� o pub|ic�yo�sidethe C�yarea and uoondina�onand n�mbu--'endof the d�pooe|contractor �endo�.' The County viUbephmahk/ responsible for coUectionand aohing`~~^ueehn|dha�ondouo waste (nnd-e!ectnonica),Ibe County wiUprovide personal nofet equipment, of household | and, needed, apronaond/oroowenaUufortheCnuntyondCih/ inc|udingg|oveo.mofa�yg000eoan .monee e . workem. In general, t he City will provide a site at which the EVENT will take place, publicity for the purpose nfodverti advertising ng the EVENT, staffing for the collection, management of solid wastes and recyclables received during the EVENT, and ' if planned, may also organize, collect, and properly manage additional items, such as tires, car batteries, used oil and oil filters, antifreeze, appliances, and scrap metal, received during the EVENT. The City wifl provide reimbursement to the disposal contractor (vendor) for all planned additional items collected. The City will be primarily responsible for cardboard recycling traffic control and coordination, and the collection and managemen t of lead-acid batteries used oil, and oil filters. The City will provide necessary operational equipment at the site, fire extinguishers, forklift and forklift operator, dumpotere , ohoim , directional signs, sanitary facilities and running water. 5.4 WORKERS. The County will provide at least five employees or volunteers to staff the collection site and the City shall provide at least 10 employees or volunteers to staff the collection site. All workers must be at least 18-years of age and will read and be familiar with the document entitled "Household Hazardous Waste Site Safety Plan" (HHWSP) prior to the EVENT. Each worker must sign a statement acknowledging that he or she is familiar with the HHWSP and that he or she will follow the proper collection procedures. The I-IHWSP shall be present and easily accessible to alt workers at the site. 55 HAZARDOUS WASTE GENERATOR NUMBER. ThaCounty will act oo the hazardous waste generator for all household quantities of accepted hazardous waste collected at the site during the EVENT. ARTICLE 6 COSTS 6.1 EMPLOYEES. Each party shall be responsible for payment to their own employees. No party shall be liable to the other party for any remuneration to the other party's employees. 6.2 CITY'S COSTS. The City is responsible for the payment of the costs associated with the following: A . Supplying the operational equipment at the oita, fire extinguishers, forklift, fork|iforklift nporator.dumpotom.nhoiro.directionm|aigne.00nitoryfaoi|bieu.runningwmter.oandboond recycling, and traffic control and coordination. B. The collection, proper management and disposal of solid wastes, recyclables, and additional items received during the EVENT, such as tires, car batteries, lead-acid batteries, used oil and oil filters, antifreeze, appliances and scrap metal. Disposal of these materials shall be governed by agreements between the City and the vendor(s) of its choice. C. The Ci�may o��emo�en�hxp�n�dand pu��zedadd��na|�m000�c�d � during the EVENT. Any fees collected must not exceed the City's anticipated cost for managing the additional items. 6' 3 COUNTY'S COSTS. Except as to lead-acid batteries and used oil, the County shall be responsible for the payment of all costs for packaging, storage, transportation and disposal of household hazard waste (and electronics) collected at the EVENT. 2 5f 24 ARTICLE 7 INDEMNIFICATION Each party to this Agreement shall be IiabIe for the act of its officer , employees or agents arid the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its officers, employees or agents. The provisions of the Municipal Tort Claims Act, Minn. Stat. ch. 466 and other applicable laws govern liability of the County and the City. The provisions of this section shall survive the expiration or termination of this Agreement. ARTICLE 8 AUTHORIZED REPRESENTATIVES AND LIAISONS -' — 8'1 AUTHORIZED REPRESENTATIVES. The foliowing named persons are designated the Authorized Representatives of the parties for purposes of this Agreement. These persons have authority to bind the party they represent and to consent to modifications, except that the authorized representative shall have only the authority specifically or generally granted by their respective governing boards. Notice required to be provided pursuant to this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification of this Agreement: TO THE COUNTY: Lynn Thompson or successor, Director Physical Development Division 14955 Galaxie Avenue Apple Valley, MN 55124 TO THE CITY: or successor, Mayor In addition, notiflcation to the COUNTY regarding terminatio of this Agreement by the other party shall be provided to the Office of the Dakota County Attorney, Civil Division,1560 Highway 55, Hastings, Minnesota 55033. 8.2 LIAISONS. To assist the parties in the dev�o-day performance of this Agnaennantand to ensure compliance and provide ongoing consultation, o liaison shall be designated by the COUNTY and the CITY. The parties shall keep each other continually infonned, in writing, of any change in the designated liaison. At the time of execution of this Agreement, the following persons are the designated liaisons: County Liaison: City Liaison: Laura Villa Telephone: (952) 891-7548 ksuny.viUo@co.dakota.mnuo ARTICLE 9 TERMINATION 9.1 IN GENERAL Either party may terminate this Agreement for cause by giving seven days' written notice � 3Od days' of Such orvvbhnutuauaebyg giving aya nnot/oe, party. terminate for cause shall specify the circumstances warranting termination of the Agreement. Cause shall mean a material breach of this Agreement and any supplemental agreements or amendments thereto. Notice of Termination shall be made by certified mail or personal delivery to the authorized representative of the other party. Termination of this Agreement shall not discharge any liability, responsibility or right of any party, which orioeofrunnthepedbnnanoeoforfai|unetoudoquate|yperfonnthetarmoofthio/\gpeementphnrtotheeffectkm date of termination. 9.2 TERMINATION BY COUNTY FOR LACK OF FUNDING. Notwithstanding any provision of this Agreement to the contrary, the Count mayimmedioto�terminate this Agreement �� does not obtain funding from the K0inneooba Legio�ture.yWinn� County Agencies, or other funding source, or if funding cannot be continued at a level sufficient to allow payment of the amounts due under this Agreement. VVrittennotioeoftanninationaentbytheCounh/hu the City by facsimile 15 sufficient notice under this section. The County is not obligated to pay for any services 3 ( i\ ) that are provided after written notice of termination for lack of funding. The County will not be assessed any penalty or damages if the Agreement is terminated due to lack of funding. ARTICLE 10 GENERAL PROVISIONS 10.1 SUBCONTRACTING. The parties shall not enter into any subcontract for the performance of the services contemplated under this Agreement nor assign any interes in the Agreement without prior written consent of aH parties and subjec to such conditions and provisions as are deemed necessary. Such consent shaU not be unreasonably withheld. The subcontracting or assigning party shall be responsible for the performance of its subcontractors or assignors •uness otherwise agreed. 10.2 EXCUSED DEFAULT — FORCE MAJEURE. Neither party shaU be Iiabie to the other party for any loss or damage resulting from a delay or failure to perform due to unforeseeable acts or events outside the defaulting party's reasonable control, providing the defaulting party gives notice to the other party as soon as possible. Acts and events may include acts of God, acts of terrorism, war, fire, flood, epidemic, acts of civil or military authority, and natural disasters. 10.3 CONTRACT RIGHTS CUMULATIVE NOT EXCLUSIVE. A. All remedies available to either for breach of this Ag ent are cumulative nndmeybe or exercised election separately, mxclusion of other remedies. The rights and remedies provided in this Agreement are not exc!usive and are in addition to any other hghtoundramedieopruvidedby|aw. B. Waiver for any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be construed to be modification for the terms of this Agreement unless stated to be such in writing and signed by authorized representatives of the County and the City. 10'4 COMPLIANCE WITH LAWS/STANDARDS. The City and the County agree to abide by all federal, state or Iocal |avve, otatutea, ordinances, rules and regulations now in effect or hereafter adopted pertaining to this Agreement or to the facilities, programs and staff for which either party is responsible. 10.5 MODIFICATIONS. Any aRerations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, signed by the authorized representatives of the County and the City. 10'6 MINNESOTA LAW TO GOVERN. This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of yNinneooba, without giving effect to the principles of conflict of laws. All proceedings related to this Agreement shall be venued in the State of Minnesota. The provisions of this section shall survive the expiration or termination of this Agreement. 10.7 MERGER. This Agreement is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon and shall supersede all prior negotiations, understandings, or agreements. 10'8 SEVERABILITY. The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invo|id, or un*nfovoeab|e, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either party. 4 5f 25 26 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated below. APPROVED AS TO FORM: DAKOTA COUNTY By Assistant County Attorney/Date Lynn Thompson, Director K-10-96 Physical Development Division County Board Res. No. 10- Date of Signature: CITY OF By , Mayor Date of Signature: By 5 , City Clerk Date of Signature: 5f 5g: 27 1101 Victoria Curve I Mendota Heights, MN 55118 651.4521850 phone 1 651.452.8940 fax aysvw.mendota- heights.com CITY OF MENDDTA HEIGHTS DATE: February 8, 2012 TO: Mayor and City Council FROM: Justin Miller, City Administrator SUBJECT: Resolution in Support of Noise Oversight Committee (NOC) Recommendation to Metropolitan Airports Commission BACKGROUND At their January 18, 2012 meeting, the Noise Oversight Committee (NOC) received a report regarding the MSP 2020 Environmental Assessment Noise Analysis. Due to projected improvements being considered at the airport, as well as a projected increase in traffic, the noise contours associated with the airport are expected to change. From a Mendota Heights perspective, there is not projected to be any significant change to the existing noise contours. However, there will be areas, predominantly in Minneapolis, that are projected to experience an increase in airplane noise. As part of a consent decree between the Metropolitan Airports Commission (MAC) and the cities of Minneapolis, Richfield, and Eagan, varying levels of mitigation packages were approved for homes impacted by certain levels of airplane noise. With the projected noise contours set to expand, it is likely that areas previously ineligible for mitigation would meet the qualifications set forth in the consent decree. As a result of this new information, the NOC passed the following motion at their January 18th meeting: "It was moved by Representative Fitzhenry and seconded by Representative Wilcox to recommend that the MAC Planning, Development and Environment Committee recommend to the MAC Full Commission that noise mitigation in the Draft MSP 2020 Improvements EA/EAW be provided in a manner consistent with the provisions of the Consent Decree, offering the same mitigation, per noise impact level, with eligibility defined by the 2020 Alternative 2- Airlines Relocate DNL noise contours, beginning when the threshold of 484,897 total operations is reached or in the year 2020, whichever comes first." 2 8 At the January 15th Airport Relations Commission meeting, Councilmembers Duggan and Petschel updated the commission on the NOC action. They felt, and the ARC agreed, that a city council resolution supporting the NOC's recommendation would be appropriate_at this time... While the recommendation would not allow for any further mitigation in Mendota Heights, the NOC has prided itself on looking out for the interest of each city and showing support for this action will express the City of Mendota Heights' position on the subject. BUDGET IMPACT N/A RECOMMENDATION The Mendota Heights Airports Relations Commission recommends that the City Council approve Resolution 12 -xx expressing support for the Noise Oversight Committee's recommendation that noise mitigation packages included as part of the consent decree be extended as relating to potential changes related to the Draft MSP 2020 Improvements EA/EAW. Approval of this item requires a simple majority vote of the city council. CITY OF MENDOTA HEIGHTS DAIK.OTA COUNTY,_NMINNES ®TA RESOLUTION NO. 2012-xx RESOLUTION EXPRESSING SUPPORT FOR THE NOISE OVERSIGHT COMMITTEE'S RECOMMENDATION REGARDING POTENTIAL CHANGES RELATED TO THE DRAFT MSP 2020 IMPROVEMENTS EA/EAW WHEREAS, The Noise Oversight Committee (NOC) is a group of stakeholders impacted by the effects of airplane noise generated by air traffic at Minneapolis /St. Paul International Airport; and, WHEREAS, at their January 18th meeting, the NOC received a report regarding proposed improvements to the airport and the environmental impacts of such improvements, including changes to existing airplane noise contours; and, WHEREAS, the NOC approved a motion recommending that "the MAC Planning, Development and Environment Committee recommend to the MAC Full Commission that noise mitigation in the Draft MSP 2020 Improvements EA/EAW be provided in a manner consistent with the provisions of the Consent Decree, offering the same mitigation, per noise impact level, with eligibility defined by the 2020 Alternative 2- Airlines Relocate DNL noise contours, beginning when the threshold of 484,897 total operations is reached or in the year 2020, whichever comes first." and; WHEREAS, the Mendota Heights Airport Relations Commission (ARC), when learning of this action, recommended that the Mendota Heights City Council approve a resolution supporting the NOC's actions; NOW, THEREFORE, BE IT RESOLVED, that the City Council of Mendota Heights supports the recent actions taken by the Noise Oversight Committee in asking the Metropolitan Airports Commission to provide noise mitigation packages to homes impacted as projected in the Draft MSP 2020 Improvements EA/EAW. Adopted by the City Council of the City of Mendota Heights the eighth day of February 2012. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST: Sandie Thone, City Clerk 29 CITY OF MENDOTA HEIGHTS MEMO DATE: February 8, 2012 TO: Mayor, and City Council FROM: Justin Miller, City Administrator Tamara Schutta, HR Coordinator SUBJECT: 2012 -2013 LELS Contract DISCUSSION Attached for your review and consideration is the 2012 — 2013 contract between the City of Mendota Heights and the LELS union that we have reached a tentative agreement on. The contract falls in the line with the discussions that the city council had with staff both prior to and during the brief negotiation period we had with union representatives. The contract costs are all included in the 2012 city budget as well. The changes to the 2012 — 2013 contract include: 1. Article XVI, Insurance — the monthly employer contribution has been adjusted to $1,320 for 2012 and a re- opener for employer contribution for 2013. 2. Article XXII, Wages — A 2% cost of living adjustment for 2012 and 2% cost of living adjustment for 2013. 2% on 1/1/2012 2% on 1/1/2013* Start (1st six months) $4,432 $4,521 (2nd six months) $4,690 $4,784 2nd year $5,071 $5,173 3rd year $5,437 $5,546 After 36 months of continuous Employment $5,806 $5,923 Existing language from the previous contract pertaining to any other City of Mendota Heights employee group receiving more than a 2.0% cost of living adjustment, union members shall receive the same percentage increase as the group receiving the highest increase will remain in the 2012 — 2013 contract. 31 3. Article XXIII, Vacation - Employees may accrue vacation leave not to exceed a maximum of two hundred hours-(200) (was 20 days). 4. Article XXIX, Duration - This Agreement shall be effective as of January 1, 2012 and shall remain in full force and effective until the thirty-first day of December 2013. These are changes you agreed to in our previous closed session on this issue. The union members have voted to approve this tentative contract. This was a positive contract negotiation session on both sides. Staff would like to thank the city council and the members of the union. RECOMMEND ACTION Staff recommends that the city council approve the tentative agreement between the City of Mendota Heights and LELS Local 76 (Police Officer employees) for 2012 -2013. ACTION REQUIRED If the city council agrees with staff recommendation, a motion should be made to approve the labor agreement between the City of Mendota Heights and LELS Local 76 (Police Officer employees) for 2012 — 2013. A simple majority vote is all that is needed on this issue. 32 MASTER LABOR AGREEMENT CITY OF MENDOTA HEIGHTS AND LAW ENFORCEMENT LABOR SERVICES INC. (Local #76) January 1, 2012 — December 31, 2013 33 ARTICLE I ARTICLE II ARTICLE III ARTICLE IV ARTICLE V ARTICLE VI ARTICLE VII ARTICLE VIII ARTICLE IX ARTICLE X ARTICLE XI ARTICLE XII ARTICLE XIII ARTICLE XIV ARTICLE XV ARTICLE XVI ARTICLE XVII ARTICLE XVIII ARTICLE XIX ARTICLE XX ARTICLE XXI ARTICLE XXII ARTICLE XXIII ARTICLE XXIV ARTICLE XXV ARTICLE XXVI ARTICLE XXVII ARTICLE XXVIII ARTICLE XXIX Table of Contents PURPOSE OF AGREEMENT RECOGNITION DEFINITIONS EMPLOYER SECURITY EMPLOYER AUTHORITY UNION SECURITY EMPLOYEE RIGHTS GRIEVANCE PROCEDURE SAVINGS CLAUSE SENIORITY DISCIPLINE WORK SCHEDULES OVERTIME COURT TIME CALL BACK TIME WORKING OUT OF CLASSIFICATION INSURANCE STANDBY UNIFORMS INJURY ON DUTY LONGEVITY AND EDUCATIONAL INCENTIVE WAIVER WAGE RATES (MONTHLY BASE RATE) VACATIONS HOLIDAYS PERSONAL LEAVE /EXTENDED DISABILITY PROTECTION SICK LEAVE FALSE ARREST INSURANCE TRAINING FIELD OFFICER TRAINING PAY DURATION 1 2 2 2 3 3 4 4 7 7 8 8 9 9 10 10 10 10 10 11 11 12 13 13 13 14 15 15 15 15 34 • MASTER LABOR AGREEMENT: CITY OF MENDOTA HEIGHTS AND LAW ENFORCEMENT LABOR SERVICES, INC. ARTICLE 1 PURPOSE OF AGREEMENT This AGREEMENT is entered into as of 1 1 2010 1 1 2012 between the City of Mendota Heights, hereinafter called the EMPLOYER, and the Law Enforcement Labor Services, Inc., hereinafter called the UNION. It is the intent and purpose of this AGREEMENT to: 1.1 Establish procedures for the resolution of disputes concerning this AGREEMENT interpretation and/or application; and 1.2 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. ARTICLE II RECOGNITION 2.0 The EMPLOYER recognizes the UNION as the exclusive representative, under Minnesota Statutes, Chapter 179A for all police personnel in the following job classifications: POLICE PATROL OFFICER INVESTIGATOR SCHOOL RESOURCE OFFICER 2.2 In the event the EMPLOYER and the UNION are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE III DEFINITIONS 3.1 UNION: Law Enforcement Labor Services, Inc. 3.2 UNION MEMBER: A member of the Law Enforcement Labor Services, Inc. 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. 2 35 DEPARTMENT:. - The-Mendota-Heights'Police-Dep-artmerrt: - - 3.5 EMPLOYER: The City of Mendota Heights. 3.6 CHIEF: The Chief of the Mendota Heights Police Department. 3.7 UNION OFFICER: Officer elected or appointed by the Law Enforcement Labor Services, Inc. 3.8 INVESTIGATOR/DETECTIVE: An employee specifically assigned or classified by the EMPLOYER to the job classification and/or job position of INVESTIGATOR/DETECTIVE. 3.9 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of the employee scheduled shift. 3.10 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break. 3.11 REST BREAKS: Periods during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.12 LUNCH BREAKS: A period during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.13 STRIKE: Concerted action in failing to report for duty, the willful absence from one position, the stoppage or work, slow-down, or abstinence in whole or in part from the full, faithful and for the purposes of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensation of the rights, privileges or obligations of employment. ARTICLE IV EMPLOYER SECURITY 4.1The UNION agrees that during the life of this AGREEMENT that the UNION will not cause, encourage, participate in or support any strike, slow-down or other interpretation of or interference with the normal functions of the EMPLOYER. ARTICLE V EMPLOYER/AUTHORITY 3 36 5.1 The EMPLOYER retains the full and unrestricted right to operate.and manage the workforce, facilities and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; to establish work schedules, and to perform any inherent managerial function not specifically limited by this AGREEMENT. 5.2 Any term and condition of employment not specifically established or modified by the AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish or eliminate. ARTICLE VI UNION SECURITY 6.1 The EMPLOYER shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly UNION dues. Such monies shall be remitted as directed by the UNION. 6.2 The UNION may designate employees from the bargaining unit to act as a Steward and an alternate and shall inform the EMPLOYER in writing of such choice and changes in the position or steward and/or alternate. 6.3 The EMPLOYER shall make space available on the employee bulletin board for posting UNION notice(s) and announcement(s). 6.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of this Article. ARTICLE VII EMPLOYEE RIGHTS GRIEVANCE PROCEDURE 7.1 DEFINITION OF A GRIEVANCE A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. 7.2 UNION REPRESENTATIVES The EMPLOYER will recognize REPRESENTATIVES designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this ARTICLE. The UNION shall 37 notifylhe EMPLOYER irrwriting of-lh-e-n-ames:of such UNION REPRESENTATIVES and of their successors when so designated as provided by 6.2 of this AGREEMENT. 7.3 PROCESSING OF A GRIEVANCE It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the EMPLOYEES and shall therefore be accomplished during normal working hours only when consistent with such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and a UNION REPRESENTATIVE shall be allowed a reasonable amount of time without loss of pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided that the EMPLOYEE and the UNION REPRESENTATIVE have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. 7.4 PROCEDURE Grievances, as defined by Section 7.1, shall be resolved in conformance with the following procedure: Step 1 - An EMPLOYEE claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the EMPLOYEE supervisor as designated by the EMPLOYER. The EMPLOYER-designated representative will discuss and give answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER-designated representative final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall be considered waived. Step 2 - If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 2 representative. The EMPLOYER designated representative shall give the UNION the EMPLOYER Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within 5 38 ten (10) calendar days following the EMPLOYER-designated • representative final Step 2 answer. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived. Step 3 - If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 3 representative The EMPLOYER-designated representative shall give the UNION the EMPLOYER answer in writing within ten (10) calendar days following the EMPLOYER-designated representative receipt of Step 3 appeal. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived. Step 4 - A grievance unresolved in Step 3 and appealed to Step 4 by the UNION shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971. The selection of an arbitrator shall be made in accordance with the Rules Governing the Arbitration of Grievances as established by the Bureau of Mediation Services. 7.5 ARBITRATOR AUTHORITY A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION, and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the UNION and shall be based solely on the arbitrator interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. C. The fees and expenses for the arbitrator services and proceedings shall be borne equally by the EMPLOYER and the UNION provided that each party shall be responsible for compensation its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, 39 providing it-payg'for the-retord:lf-both parties desire a verbatim - record of the proceedings, the cost shall be shared equally. 7.6 WAIVER If a grievance is not presented within the time limits set forth above, it shall be considered waived. If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER last answer. If the EMPLOYER does not answer a grievance or an appeal. thereof within the specified time limits, the UNION may elect to treat the grievances as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the EMPLOYER and the UNION in each step. ARTICLE VIII SAVINGS CLAUSE This AGREEMENT is subject to the laws of the United Stated, the State of Minnesota, and the City of Mendota Heights. In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree to appeal has been taken within the time provided, such provisions shall be voided. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE IX SENIORITY 9.1 Seniority shall be determined by the employee length of continuous employment with the Police Department and posted in an appropriate location. Seniority rosters may be maintained by the Chief on the basis of time in grade and time within specific classifications. 9.2 During the probationary period a newly hired or rehired employee may be discharged at the sole discretion of the EMPLOYER. During the probationary period, a promoted or reassigned employee may be replaced in his previous position at the sole discretion of the EMPLOYER. 9.3 A reduction of work force will be accomplished on the basis of seniority. Employees shall be recalled from layoff on the basis of seniority. An employee on layoff shall have an opportunity to return to work within two years of the time of this layoff before any new employee is hired. 7 40 ' 9.4 Senior employees will be given preference with regard to transfer, job ■ classification, assignments and promotions when the job relevant qualifications of employees are equal. 9.5 Senior qualified employees shall be given shift assignment preference after eighteen (18) months of continuous full-time employment. A shift bidding shall be posted annually. 9.6 One continuous vacation period shall be selected on the basis of seniority until March 15th of each calendar year. ARTICLE X DISCIPLINE 10.1 The EMPLOYER will discipline employees for just cause only. Discipline will be in one or more of the following forms: a. Oral reprimand b. Written reprimand c. Suspension d. Demotion; or e. Discharge 10.2 Suspensions, demotions and discharges will be in written form. 10.3 Written reprimands, notices of suspension, and notices of discharge which are to become part of an employee personnel files shall be read and acknowledged by signature of the employee. Employees and the UNION will receive a copy of such reprimands and/or notices. 10.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the EMPLOYER. 10.5 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a UNION representative present at such questioning. 10.6 Grievance relating to this ARTICLE shall be initiated by the UNION in Step 3 of the grievance procedure under ARTICLE VII. ARTICLE XI WORK SCHEDULES 11.1 The normal work year is two thousand and eighty hours (2080) to be accounted for by employee through: a. Hours worked on assigned shifts b. Holidays. 8 41 d. Authorized leave time. 11.2 Holidays and authorized leave time are to be calculated on the basis of the actual length of time of the assigned shifts. 11.3 Nothing contained in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the EMPLOYER may assign employees. ARTICLE XII OVERTIME 12.1 Employees will be compensated at one and one-half (1-1/2) times the employee regular base pay rate for hours worked in excess of the employee regularly scheduled shift. Changes of shift do no qualify an employee for overtime under this Article. 12.2 Overtime will be distributed as equally as practicable. 12.3 Overtime refused by employees will for record purposes under article 12.2 be considered as unpaid overtime worked. 12.4 For the purpose of computing overtime compensation, overtime hours shall not be pyramided, compounded or paid twice for the same hours worked. 12.5 Overtime will be calculated to the nearest fifteen (15) minutes. 12.6 Employees have the obligation to work overtime or call back if requested by the EMPLOYER unless unusual circumstances prevent the employee from so working. 12.7 An employee may choose to receive compensatory time as compensation for overtime hours at the rate of 1.5 hours for each hour worked. The maximum allowable balance of such hours carried into the next calendar year shall be one hundred (100) hours. The EMPLOYER may cash out an employee balance in excess of the 100 hours maximum. 12.8 An employee may cash out any portion of their compensatory time balance the second pay period in May and November if requested in writing with the submission of the employee time sheet. ARTICLE XIII COURT TIME 9 13.1 An employee wh-cils-Tequired=t-o appear-in Court during his scheduled off- duty time shall receive a minimum of three (3) hours pay at one and one half (1-1/2) times the employee base pay rate. An extension or early report to a regularly scheduled shift for Court appearances does not qualify the employee for the three (3) hour minimum. 13.2 An employee who is not notified of the cancellation of a scheduled court appearance by 4:00 pm the previous business day shall receive a minimum of two and one-half (2-1/2) hours of pay at one and one-half (1- 1/2) times the employee base pay rate. ARTICLE XIV CALL BACK TIME An. employee who is called to duty during his scheduled off-duty time shall receive a minimum of two (2) hours pay at one and one-half (1-1/2) times the employee base pay rate. An extension or early report to a regularly scheduled shift does not qualify the employee for the two (2) hour minimum. ARTICLE XV WORKING OUT OF CLASSIFICATION Employees assigned by the EMPLOYER to assume the full responsibilities and authority of a higher job classification shall receive the salary schedule of the higher classification for the duration of the assignment. ARTICLE XVI INSURANCE The EMPLOYER will contribute up to a maximum of one thousand three hundred twenty dollars ($1,320) e - - e e - • e e: per month toward health, dental, long term disability, short term disability, long term care and term life, (up to $50,000) insurance for 2010 2012 and onc thousand two hundred fifty six dollars ($1,256) in 2011. If any City of Mendota Heights employee group is awarded a higher amount in 2011 2013 the UNION MEMBERS shall receive the higher amount. The parties shall re-open negotiations for insurance contributions for 2013 employer contribution amounts. ARTICLE XVII STANDBY Employees required by the EMPLOYER to standby shall be paid for such standby time at the rate of one hour pay for each hour on standby. An employee shall be considered to be in standby status only if he or she is expressly directed to serve in such capacity by the Chief of Police or his designee. 10 43 ARTICLE XVIII UNIFORMS 18.1 The EMPLOYER shall provide required uniform and equipment items. Each employee shall also receive a maximum of three hundred ($300) dollars annual reimbursement for cleaning and maintenance of uniforms. Reimbursement shall beupon presentation of receipts for cleaning and maintenance services from any cleaners. 18.2 The EMPLOYER shall reimburse the INVESTIGATOR/DECTECTIVE for clothing and equipment purchases up to eight hundred dollars ($800) per year. ARTICLE XIX INJURY ON DUTY Employees injured during the performance of their duties for the EMPLOYER and thereby rendered unable to work for the EMPLOYER will be paid the difference between the employee regular pay and Worker Compensation insurance payments for a period not to exceed one hundred twenty (120) working days per injury, not charged to the employee vacation, sick leave or other accumulated paid benefits. ARTICLE XX LONGEVITY AND EDUCATIONAL INCENTIVE Effective July 1, 1975, the following terms and conditions are effective: 20.1 After four (4) years of continuous employment, each employee shall choose to be paid three percent (3%) of the employee base rate or supplementary pay based on educational credits as outlined in 20.6 of this ARTICLE. 20.2 After eight (8) years of continuous employment, each employee shall choose to be paid supplementary pay of five percent (5%) of the employee base rate or supplementary pay based on educational credits as outlined in 20.6 of this ARTICLE. 20.3 After twelve (12) years of continuous employment, each employee shall choose to be paid supplementary pay of seven percent (7%) of the employee base rate or supplementary pay based on educational credits as outlined in 20.6 of this ARTICLE. 20.4 After sixteen (16) years of continuous employment, each employee shall choose to be paid supplementary pay of nine percent (9%) of the 11 44 employee 'base tat-e-ovsupptementary.pay based on educational credits as outlined in 20.6 of this ARTICLE. 20.5 Employees may choose supplementary pay either for length of service or for educational credits no more often than once every twelve (12) months. 20.6 Supplementary pay based on educational credits will be paid to employees after twelve (12) months of continuous employment at the rate of: Education Credits Percentage Pay Terms of college quarter credits Increment. 45-89 3% 90-134 5% 135-179 7% 180 plus or a four year degree 9% Master Degree 12% Not all courses are to be eligible for credit, prior to obtaining a four-year degree. Courses receiving qualifying credits prior to obtaining a four-year degree must be job related. Job related courses, plus those formally required to enter such courses shall be counted. The EMPLOYER shall determine which courses are job related. All courses taken toward a degree shall apply once a four-year degree from an accredited college is obtained. C.E.U. (Continuing Education Credits) in job related seminars, short courses, institutes, etc. shall not apply toward educational incentive unless they have been converted to college credits and applied toward a degree through an accredited college. ARTICLE )0(1 WAIVER 21.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this AGREEMENT, are hereby superseded. 21.2 The parties mutually acknowledge that during the negotiations, which resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of this agreement. The EMPLOYER and the UNION each voluntarily and unqualifiedly waive the right to meet and negotiate regarding any and all terms and conditions 12 45 teferred.tO or coveredinthis-AGREEMENT-or with-respect to any term or condition of employment not specifically referred to or covered by this AGREEMENT, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. ARTICLE XXII WAGE RATES (MONTHLY BASE RATE) 22.1 Monthly Base Rate of Pay 1/1/2010 1/1/2011* Start (1st six months) $4,260 $4,345 (2nd six months) $4,508 $4,598 2nd year $4,874 $4,971 3rd year $5,225 $5,330 After 36 months of continuous employment $5,580 $5,692 Start (1st six months) 1/1/2012 1/1/2013* Start (1st six months) $4,432 $4,521 (2nd six months) $4,690 $4,784 2nd year $5,071 $5,173 3rd year $5,437 $5,546 After 36 months of continuous Employment $5,806 $5,923 *If any City of Mendota Heights employee group receives more than a 2.0% cost of living adjustment in 2011 2013, UNION MEMBERS shall receive the same percentage increase as the group receiving the highest increase. 22.2 An investigator shall receive supplemental pay in the amount of three hundred thirty-five ($335) per month in addition to the above rates. 22.3 A School Resource Officer shall receive supplemental pay in the amount of two hundred fifteen ($215) per month in addition to the above rates. ARTICLE XXIII VACATIONS Time accrued according to the following schedule: 0-5 years of service 6-10 years of service Over 10 years of service 13 10 days per year 15 days per year One additional day per year, not to exceed 20 days. Accrued vacation shall be used in the year following the year which said time is earned. Employees may accrue vacation leave not to exceed a maximum of twenty (20) working days two hundred hours (200). No employees shall be permitted to waive vacation for the purpose of receiving double pay. ARTICLE XXIV HOLIDAYS Each employee shall be granted a total of eleven (11) paid holidays. Effective January 1, 1994 holiday leave time will be accounted for in a separate holiday leave bank and shall not accumulate from year to year. Any holiday leave time remaining in the employee holiday leave bank on December 31 shall be paid to the employee at their then current hourly rate. If an employee works on a legal holiday, he shall be granted 1/2 hours compensatory time for each hour worked, in addition to the holiday pay. ARTICLE XXV PERSONAL LEAVE/EXTENDED DISABILITY PROTECTION SICK LEAVE 25.1 PERSONAL LEAVE: Beginning January 1, 1990, all permanent full-time employees shall accrue personal leave at the rate of four (4) hours per month, to a maximum of 320 hours. Personal leave shall be available for use without restriction, except by prior approval of the supervisor. An employee shall not be allowed to use more than twenty (20) consecutive personal days, or a combination of twenty (20) consecutive personal and vacation days, without prior approval of the City Council. Each December 1, any employee with an accrued Personal Leave balance in excess of 320 hours may convert the excess hours at the rate of 50%, to either additional cash compensation, or additional vacation time. The compensation will be made, or the extra vacation credited, with the second payroll in December. Each employee may convert up to 20 hours per year of personal leave into a post retirement health savings plan that the union as a whole agrees to participate in. Upon separation, employees will be compensated for any unused Personal Leave balance. 25.2 EXTENDED DISABILITY PROTECTION: Beginning January 1, 1991, all permanent full-time employees shall accrue extended disability leave at the rate of four (4) hours per month, to a cumulative maximum of 640 hours. Extended disability protection is available for use on the first day of 14 47 a personal illness, and thereafter, or-anytime-fora-work4elated illness or injury. Employees are to keep their supervisor informed of their condition. The supervisor may require a letter or report from the attending physician. Claiming extended disability leave when physically fit may be cause for disciplinary action, including transfer, demotion, suspension or dismissal. In cases of extreme emergency involving employees with a record of meritorious service, who through serious or protracted illness have used up all accumulated personal leave, extended disability leave, vacation leave and compensatory time off, an extension of extended disability leave beyond the maximum provided in this resolution may be granted by the City Council. The resultant deficit will be repaid promptly through application of future personal and extended disability leave accruals. ARTICLE XXVI FALSE ARREST INSURANCE The City will provide a policy to cover the employee for false arrest cases. ARTICLE XXVII TRAINING 27.1 The EMPLOYER shall be responsible for providing all training required by the P.O.S.T. Board to maintain license as a Certified Police Officer, and shall pay employees for all time spent in such training at the applicable rate. 27.2 The EMPLOYER will allow employees to attend such other job-related training programs as may be mutually agreed upon by the EMPLOYER and individual employees. Employees scheduled to work during such a training session will be allowed time off without loss of pay for attendance and those attending during non-scheduled hours will be allowed compensatory time off at straight time for time spent in training. 27.3 The EMPLOYER shall reimburse employees for all reasonable costs incurred in obtaining training, including but not limited to, registration and license fees, mileage, and for sessions outside of the seven county Twin Cities metropolitan area, lodging and meals. 27.4 All training activities shall be given prior approval by the Police Chief. ARTICLE XXVIII FIELD TRAINING OFFICER PAY 15 48 The-EMPLOYER shall compensate an EMPLOYEE assigned field training officer- (FTO) duties for one additional hour per shift when engaged in these duties. The time earned shall be compensated at one and one-half (1-1/2) times the employee hourly base rate. ARTICLE XXIX DURATION This AGREEMENT shall be effective as of January 1, 2010 2012 and shall remain in full force and effect until the thirty-first day of December 2011 2013. FOR THE CITY OF MENDOTA HEIGHTS Mayor Date City Administrator Date City Clerk Date FOR LAW ENFORCEMENT LABOR SERVICES, INC. Business Agent Date Steward Steward 16 Date Date CITY OF MENDOTA HEIGHTS MEMO DATE: January 31, 2012 TO: Mayor, City Council and City Administrator FROM: Paul R: Berg - 9g- Code Enforcement Officer SUBJECT: Sign penult approval 2520 Pilot Knob Rd. # 325 Discussion: Albrecht Sign Company has submitted the required documents seeking Council approval of a 24 sq. ft. replacement sign for the existing sign. Recommendation: Staff recommends approval of the proposed 24 sq.ft. replacement sign for Zenith American Solutions. Action Required : If Council wishes to implement staff recommendation it should pass a motion of approval and grant staff the authority to issue the requested sign permit.. 01/25/2012 09:52 FAX 6514528940 MENDOTA HGTS MN 1101 Victoria Curve, Mendota i?]003 City of Mendota Heights Heights, Minnesota 55118 (651) 452-1850 • rax (651) 452-8940 tea® a e.ar+./A–a1 II %.0 VS 1 II skor UR VW te Ve914 MI NE Et- Ewa ES SEWN! a lil PERMIT FEE SITE ADDRESS -5.t4 2526 i>;16- IA L rii.motol-4. yl 5 41/ Yll 32--S- DATE / 1 /2,51/ 2 PERMIT NO. PROPERTY OWNER (Me rhe) (Address) (Telephone No.) i CONTRACTOR (Ma me) (Address) (Telephone No.) 4ItredJ- n ...-- S I ri CO^ Gh OjIlle Ore 11)— 7??5'.- 114,111POra°0414 CrI0e7/ Type of Building Used As . Building Old New El To Be Completed Estimated Cost ..it 21..e:SS—.. o 0 ,.....— Contractcr's City License No. Building Permit No. TYPE OF SIGN WALL'.... ROOF 0 PROJECTING 0 r GROUND 0 MARQUEE p TEMPORARY 0 k OTHER MAX. DIMENSION I VERTICAL 1 2 3 . HORIZONTAL FT. SIGN AREA .12 LI SO FT : NO. OF SIDES i DISTANCE FROM GROUND TO SIGN BASE FT. HEIGHT OF SIGN FT 'T] BACK OF SIGN FROM PROPERTY LIME FT. ILLUMINATED YES 0 NO ALLOWABLE SIGN ARE ON PROMISES FT SKETCH OF SIGN 0 r \. ffNt\c--0,C,\\ Q C\ A.cCr•k)s) \ A • ACKNOWLEDGEMENT AND SiGNATURE: ) The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Mendota Heights to take the action herein recTiested, that all statements herein are true and that all work herein mentioned will be done in accordance with the ordinance of the Ci.y of Mendota Heights, the State of Minnesota, and rulings of the Building Department. SIGNATURE APPROVED Last Printed 11/07 0 Pei agseld pa 3 -T1 23 0 0000,-; 3.'3o o • • cD =1 = 0 0. 0 z 0 CD CD "13 X 0 0 SI 3 Cn a, 0 CD 0 0=0. !— CO cr CD CD 0. 0, 3 co cD 0. 0. 0 0 0 CD 0 (.5 0 0 Cr 0 o 0 to 0) 0 w 2C10 3 3 C) = 3 BOinaas CITY OF MENDOTA HEIGHTS MEMO DATE: February 8, 2012 TO: Mayor, City Council and City Administrator FROM: Ryan Ruzek,. PE, Assistant City Engineer Tamara Schutta, HR Coordinator SUBJECT: Authorization to begin the recruitment process for the Engineering Intern Position (Temporary /Seasonal Employee) Discussion In past years, an Engineering Intern has been hired to assist the Engineering Division with various spring and summer projects. The Engineering Department is expecting a busy spring and summer with design and construction projects including Wagon Wheel Trail Neighborhood Improvements (final paving), Lemay Lake Road Neighborhood Improvements, Marie Avenue Rehabilitation, Mendota Heights Road Rehabilitation, Diane Road Neighborhood Rehabilitation, Sanitary Sewer Cleaning, Televising and Lining Project. In addition to these projects, the department will be completing requirements of the NPDES Phase II permit, contracting for street striping and seal coating, resolving drainage issues, updating record drawings and preparing feasibility reports for potential 2013 projects. The primary objective of this position is to assist the Engineering Division of the Public Works Department with construction staking, construction observation, records management, geographical information (GIS) data and base mapping, engineering, project development, planning, public requests and other Division functions as assigned. This position is intended for a current or recent college student majoring in Civil Engineering, GIS, or other related field. The pay range for this position is $10.00- $12.50 per hour. Recommendation Staff recommends that council approve the attached job description and authorize staff to begin the recruitment process for the Engineering Intern position. Action Required If council wishes to implement the staff recommendation., pass a motion to approve the job description and authorize staff to start the recruitment process. 5j 50 51 • POSITION DESCRIPTION CITY OF MENDOTA HEIGHTS POSITION TITLE: Engineering Intent (SeasonaUTemporary) DEPARTMENT: Public Works Department/Engineering Division ACCOUNTABLE TO: Public Works Director STATUS: Non - Exempt REVISED: February 2011 PRIMARY OBJECTIVE OF POSITON: To assist the Engineering Division of the Public Works Department with construction staking, construction observation, records management, geographical information system (GIS) data and base mapping, project development and other Engineering Division functions. This position is intended for a current or recent college student majoring in Civil Engineering, GIS or other related field. ESSENTIAL DUTES AND RESPONSIBILITIES Assist the Engineering Division with performing survey work, construction observation, documentation of construction activities and quantity tracking on public improvement projects. Assist with creating, maintaining, and updating the City's GIS data and base mapping system for citywide infrastructure and land management. Collect field measurements, conditions, and other infrastructure information to be incorporated into the city database and mapping system. Prepare various displays, graphics and exhibits for use in public meetings, reports and other functions. Perform other duties and responsibilities as apparent or assigned by the Assistant City Engineer. MINIMUM QUALIFICATIONS High School diploma or GED. Current or recent enrollment in a college or technical school pursuing a degree in Civil Engineering, Geographic Infounration Systems or other related field. Valid Class D Minnesota driver's license. Semi - proficient with AutoCAD and/or ArcView computer software programs. PREFERRED QUALIFICATIONS Completion of at least two years of college or technical school coursework. Proficient with AutoCAD and ArcView computer software programs. Familiarity with municipal infrastructure and facilities. Experience working with drawings and survey documents. 52 NECESSARY KNOWLEDGE, SKILLS, AND ABILITIES . Ability to assist with perfoiming fieldwork, including surveying, utility locates, traffic counts, construction inspection and other similar activities. Ability to read and interpret construction plans and specifications, maps and other technical documents. General knowledge of the principals and practices of drafting for construction plans, details, maps, exhibits and other visual displays. Skill and knowledge in the operation of AutoCAD and /or ArcView computer software programs. General knowledge of the principals and practices of GIS. Skill and knowledge in using computers to maintain records and electronic files; prepare letters, memos, and reports; correspond via e -mail; and research using the interpret. Skill and ability to be well organized with a keen attention to details and neatness. Ability to communicate effectively, in English, both verbally and in writing. WORK ENVIRONMENT /PHYSICAL DEMANDS The work environment and physical demands described herein is representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perfollnr the essential functions. Work for this job is located in both indoor and outdoor environments. The indoor work environment is typically in a HVAC- conditioned office setting with quiet to moderate noise levels. Job duties also require exposure to outdoor conditions, including adverse weather conditions and outdoor areas under heavy/highway, utility, or facility construction. SELECTION GUIDELINES Formal application and resume, rating of education and experience, oral interview and reference check; job related tests may be required. CITY OF MENDOTA HEIGHTS MEMO DATE: February 8, 2012 TO: Mayor, City Council and City Administrator FROM: Tamara Schutta, HR Coordinato SUBJECT: Approval to begin the Rehire and Recruitment Process for Spring /Summer 2012 Seasonal Hires 5k 53 Background Staff is requesting council approval to begin the re -hire and recruitment process for the Mendota Heights spring /summer 2012 parks & recreation, public works and Par 3 staff. Par 3: Staff is requesting approval to send out re -hire packets, post and recruit for the positions of: Total number of Position Seasonal Employees Pay Range Clubhouse Manager 1 $15.50 — 16.25 per hour Clubhouse Workers 8 $8.25 - $9.00 per hour Golf Instructors 6 $22.00 - $22.75 per hour Golf Course-Starter/Ranger 1 $9.75 - $1 0.50 per hour Parks & Recreation: Staff is requesting approval to send out re -hire packets, post and recruit for the positions of Position Playground Lead Recreation/Playground Assistant Playground /Tennis Helper Tennis Lead (' // day)/ Tennis Helper ('/2 day) Playground/Tennis Helper Substitute Certified Tennis Instructor Total number. of Seasonal Employees 1 3 3 1 Pay Range $12.00 - $15.00 per hour $9.75 - $1 0.50 per hour $8.25 - $9.00 per hour $12.00 - $12.75 per hour/ $8.25 - $9.00 per hour 1 $8.25 - $9.00 per hour 1 $22.00 - $22.75 per hour 54 Public Works: Staff is requesting approval to send out re -hire packets, post and recruit for the spi °iilg /summer four seasonal - positions- of-Public- Works - Seasonal Mairifenance- Worker. Total number of Position Seasonal Employees Pay Range Seasonal Maintenance 4 $10.00 - $10.75 per hour Worker Recommendation City staff recommends that city council authorize the staff to begin the re -hire and recruitment process for the above listed spring /summer 2012 Par 3, parks and recreation and public works seasonal positions. If council concurs in the recommendation, a motion should be made to authorize staff to start the re -hire and recruitment process. A simple majority vote is all that is needed on this issue. CITY OF MENDOTA HEIGHTS MEMO DATE: February 8, 2012 TO: Mayor, City Council and City Administrator FROM: Ryan Ruzek, PE, Assistant City Engineer ;Y. SUBJECT: Authorize Purchase Order for the Removal/Control of Invasive Plants in Valley Park Discussion In 2002, the City funded (with the support of a fifty- percent matching grant from the Metro Greenways Planning Grant Minnesota DNR) development of a Natural Resources Management Plan for the city. One of three focus areas in the plan was Valley Park where communities of invasive plants were identified and management recommendations were presented. In addition to buckthorn, other invasive species identified are: black locust, Siberian elm, garlic mustard, burdock, sweet clover, thistle, Amur Maple, spotted knapweed, and more. Great River Greening began invasive species removal in 2009 in Valley Park. Mature plants have been cut and cleared from infested park areas and follow -up treatment is required to keep the species under control. Spraying of newly emerging one or two year old plants has proven to be very effective. Budget City Council has annually included funding in city budgets for `Control of Invasive Plants' in City Parks. The funding amount in the 2012 City Budget in the Parks Maintenance Budget for this effort is $20,000.00. Great River Greening has prepared the attached work/control /task/cost estimate to address the invasive plants and has prioritized where their efforts should be concentrated. Their proposal for Valley Park consists of $4000.00 for garlic mustard control and $6000.000 for buckthorn control. Prairie Restorations submitted a quote for a more extensive restoration effort which exceeds the city scope and budget (approximately $40,000.00). Recommendation If the City Council wishes to control invasive plant species in Valley Park, authorize the City Administrator to issue a `not -to- exceed' Purchase Order in the amount of $1 0,000.00 to Great River Greening to begin immediately on invasive plant removals and control_ 56 . • , 5 January 2012 Jake Sedlacek Ryan Ruzek, P.E. City of. Mendota Heights Dear Jake and Ryan, _grad 7<er greeitbz 35 W. Water St #201 Saint Paul MN 55107 www.greatrivergreening.org Tel: 651 665.9500 Fax: 651 665.9409 Thank you for the opportunity to work with you on the Valley Park restoration project. Greening's fee-for-service 2012 proposal and 2011 report for this project is outlined below and referenced in the figure. Garlic mustard In 2011, the garlic mustard control was sustained with spring cutting and fall spraying. Infestation is on a slight decline, which is typical for this stage of control of an advanced infestation. Spread to the north is relatively contained; spread to the south along between the trail and the creek is fully contained. An established population of modest size was discovered in the southeast corner in winter 2011. For 2012, we propose to 1) continue with spring cutting and fall spraying of garlic mustard for control (containment and reduction) in main central infestation, and 2) cut, spray and smother with wood chip (to prevent seed spread) the recently discovered southeast satellite population. $4,000 Buckthorn Control In 2011, buckthorn was removed from the core of the Central Oak Knob. This included cutting, stacking and stump treating by our crew as well as a 75-person volunteer event in November. Management boundaries were estimated using ArcMap and handheld GPS units, and marked in the field with blue flagging. Pile burning was not conducted during the volunteer event due to high winds and dry conditions. Pile burning began in December with an initial set of 5 piles burned; due to large volume of material and limited areas to burn without harming oaks, we then grappled the remaining cut material and placed them in these 5 burn rings for 2012 burning. recst&-Zit e ( reiteteni ceiviuturibi tie,c 57 Buckthorn sprouts in the Central Oak Knob were foliar sprayed in late summer 2011. Aggressive native grass seed was purchased and sowed before the volunteer event in this same area and worked into the soil via volunteer and equipment trampling, and precipitation. Trailside buckthorn control using basal bark method (killed while still standing) was also completed. For 2012, we propose to: 1) Expand the first wave of buckthorn control including pile burning to the full perimeter of the buckthorn infestation in the Central Oak Knob area (see Figure). We will again use a combination of crew work and volunteers, specifically a 30- person volunteer pile burning/stacking event to be held on February 11th, 2) Continue with foliar spraying of buckthorn sprouts, sowing of aggressive native seed, and in addition, planting 360 plugs of aggressive oak understory species, primarily Pennsylvania sedge. $6,000 Winter with low- to no-snow cover is an ideal time to address most of the buckthorn treatment at this site and we seek approval to begin work as soon as possible. Great River Greening is the region's leader in improving the ecological value of urban land and engaging the public in this effort. Since its beginning in 1985, Greening has involved more than 20,000 volunteers, planted over 54,000 native trees and shrubs and 267 acres of prairie grasses and wildflowers, and cut more than 800 acres of invasive species. We work on both public and private lands. Our professional staff of ecologists, landscape designers, and field crew is among the best in the field. Please do not hesitate to call me if you have any questions or comments. We look forward to continuing our Valley Park restoration work with you. Sincerely, Wiley Buck Restoration Ecologist 651-665-9500 ext 15 58 Valley Park Restoration 2012 Legend 2012 Buckthorn 2011 Central Oak Buckthorn 2012 Garlic Mustard 'Feet 0 130 260 520 DATE 31-Jan-12 TO: Mayor, City Council and City Administrator FROM: PauI R. Berg, Cocte Enforcement Officer SUBJECT: Building Activity Report January 2012 Current Month-2012 January Year to Date 2012 January Year to Date 2011 January Building wu Permits Building Permits No. Valuation Fee Collected Building Permits No. Valuation Fee Collected SFD � � SFD � � SFD APT � � APT � � APT � Townhouse � � Townhouse � Townhouse � Condo � � Condo � Condo � u Misc. 18 � 276,907.00 � 3,926.91 � Misc. 18 276,907.00 � 3,926.91 Misc. 16 133,845.00 3,047.35 cx 10 � 466112.00 6,641.81 cm 10 466,112.00 6,641.81 m 11 201,463.00 3,583.61 Sub Total: 28 $ 10,568.72 Sub Total: 28 Sub Total: 27 335,308.00 6,630.96 Current Month-2012 January Year to Date 2012January Year to Date 2Ui1January Trade 1 . No. Valuation 1 Fee Collected Trade No. Valuation Fee Collected Trade Valuation Fee Collected Contractor Licenses Permits / wu Valuation Fee Coll rteo Permits No. Valuation Fee Collected Permits No. Valuation Fee Collected Plumbing 8 $ $ 270.00 Plumbing Water 8 $ $ $ 270.00 Plumbing Water 11 $ $ 1.361o0 Water $ ' Sewer $ Sewer Sewer $ $ 50.00 Heat, Gas 17 $ 5.117.00 Heat, AC & Gas 17 $ - 5.117o0 Heat, AC & Gas 17 $ 842.00 Sub Total: 25 $ 5,387.00 Sub Total: 25 $ 5,387'00 Sub Total: 30 $ $ 2,253.00 Current Month-2012 January ¥ear to Date 2012 January Year to Date 2011 January Licenses . No. Valuation 1 Fee Collected Licenses No. Valuation Fee Collected Licenses 1 mz Valuation Fee Collected Contractor Licenses 141 $ . $ 7,050.00 Contractor Licenses 141 $ $ 7,050.00 Contractor Licenses 110 $ $ o.noo.00 TOTAL 194 $743,019.00 $ 23.005.72 !TOTAL 194 $743,019.00 $23,005.72 NOTE: Alt fee amounts exclude SAC, WAC, and State Surcharge. Amounts shown wiJl reflect only permil, plan check fee, and valuation amounts. TOTAL 161 $ 335,308'00 $ 14,383.96 Year to Date 2010 January Building No. Valuation Fee Collected Permits 115 Permits No. SFD Valuation $ $ APT 14 $ $ Townhouse $ 423.00 Water $ Condo $ Misc. 11 304.*01o0 $ *.571a6 cx 6 $ 158.465.00 s 2,285.39 Sub Total: 17 $463,066.00 $6,857.05 Year to Date 2O0January Trade No. Valuation Fee Collected Contractor Licenses 115 Permits No. Valuation Fee Collected Plumbing 14 $ $ 423.00 Water � Sewer 1 $ $ 25.00 Heat, xcx Gas 18 $ $ 925.00 Sub Total: 33 $ ' $ 1.373.00 Year to Date 2010 January Licenses No. Valuation Fee Collected Contractor Licenses 115 $ $ 5,750.00 TOTAL 165 $463,066.00 $13,980.05 - -' =.'�_. ��^�^ ( \ List for City Council Contractor Type ^�'^t^«^c"~^" Name Asphalt Drywall Excavating Gas Piping Asphalt Driveway Company Pine Bend Paving, Inc South Suburban Asphalt Berg Drywall, LL[ Commercial Wall Systems, Inc Custom Drywall, Inc J &t H Wall Specialties, Inc MacConnell, Inc Quality Drywall Midwest, Inc Varland Drywall, |nc Williams Drywall, Inc Commercial Utilities, Inc Gartzke Construction, Inc Giles Brother Excavating, Inc Leroux Excavation, Inc Nord Excavating, Inc Pipeline Industries, Inc Rauchwarter, Inc Roto-Rooter Services Company Scherff, Inc Air Mechanical Associated Mechanical Contractors Bill Rascher Mechanical, Inc Boehm Heating Company Bon6e's Plumbing, Heating & Air Service, Inc CenterPoint Energy Resource Corp Champion Plumbing, LLC Wednesday, February 01, 2012 Page 1 of 5 �� • 5n 6 0 61 • ^` Type Contractor Name Gas Piping General Fair Air Heating & Air Conditioning, Inc Fireside Hearth <SLHome Genz-Ryan Plumbing & Heating Glowing Hearth & Home Haley Comfort Systems Harris Companies J-Berd Mechanical Contractors, Inc Metropolitan Mechanical Contractors Mitchell Heating, LLC Modern Heating & Air Conditioning Nasseff Mechanical Contractors PBBS Equipment Corporation Pronto Heating & Air Conditioning Rascher Plumbing & Heating, Inc Ron's Mechanical, Inc Schadegg Mechanical, Inc Sedgwick Heating & Air Conditioning, Inc St. Marie Sheet Metal, Inc Sylvander Heating, Inc Wenzel Heating & Air Conditioning Yale Mechanical A-Doorable Garage Door ny AJ Lysne Contracting Corporation AIITech Engineering Corp Apex Energy Solutions of MN, Inc Beissel Window & Siding Company Braxton & Sons, Inc Bulach Custom Rock, LLC C.R. Fischer and Sons, Inc C.W. Houle, Inc CountyHorne Builders, Inc Crawford Door Sales/Service Company D T Meisinger Development, Inc Wedneday, February 01, 2012 Page 2 of 5 6 2 Type Contractor Name General HVAC Greiner Construction J & H Erectors, Inc Knutson Exteriors, LLC Kraus-Anderson Construction Company Lake (St Land Surveying, Inc Ledcor Construction, Inc Linco Fab, Inc Mayo Systems, Inc Mc Gough Construction Co., Inc Midwest Fence & Mfg. Co. Minnesota Petroleum Services R.J. Ryan Construction Ray Anderson & Sons, Co., Inc Reiling Construction Co., Inc Restoration Professionals, Inc RJM Construction, LLC Rochon Corporation Ryan Companies VS, Inc Ryan Company, Inc 5o|id_LL[ St. Croix Wall Systems, Inc Terra General Contractors Tim Lemke Construction, Inc Affordable Comfort Mechanical Ar Mechanical, Inc A0 Mechanical Services, Inc Arneson Heating & Cooling, LLC Associated Mechanical Contractors, Inc Bill Rascher Mechanical, Inc Boehm Heating Company Bonfe's Plumbing, Heating & Air Service Bonfe's Plumbing, Heating & Air Service, Inc Center Point Energy Resource Corp. Wednesday, February V1,20/2 Page 3 of 5 6 3 Type Contractor Name HVAC Landscape Commerical Plumbing and Heating, Inc Controlled Air Fair Air Heating & Air Conditioning, Inc Fireside Hearth /St Home Gartner Refrigeration & Mfg, Inc Genz-Ryan Plumbing & Heating Haley Comfort Systems Harris Companies J-Berd Mechanical Contractors Kath HVAC Krinkie's One Hour Heating & Air Conditioning Metropolitan Mechanical Contractors Mitchell Heating, LLC Modern Heating & Air Conditioning Nasseff Mechanical Contractors Pronto Heating & Air Conditioning Rink-Tec|nternotiona|, Inc Ron's Mechanical, Inc Sayler Heating & Air Conditioning, Inc Schadegg Mechanical, Inc Sedgwick Heating & Air Conditioning South Town Refrigeration St. Marie Sheet Metal, Inc St. Paul Plumbing (St Heating Standard Heating & Air Conditioning Sylvander Heating, Inc The Snelling Company, Inc Wenzel Heating & Air Conditioning Yale Mechanical Branch and Bough Tree Service & Landscape Ciardelli Tree & Landscaping CoIIins Tree Care & Removal Lawrence Tree & Stump Services, Inc Wednesday, February 81,JV}J Page 4of 5 64 ' -- Type Contractor Name Landscape Masonry Rubbish Sign Stucco Outdoor Specialties Rainbow Tree Care S S Tree Specialists The F.A. Bartlett Tree Expert Company Greystone Masonry, LLC HoUenbeck6i Nelson, Inc iohnny Masonry, Inc Kelleher Construction, Inc Molin Concret Products Company Plummer Concrete, Inc Simon Brothers Cement Company Wayne Construction Company, Inc Allied Waste Services Aspen Waste Systems, Inc Dick's Sanitation Service Krupenny6iSons Disposal Service, Inc Nitti Sanitation, Inc Triangle Rubbish Service Tr 'e'sTrash Pick-Up, Inc Veolia ES Solid Waste Midwest, LLC Waste Managemen t Inc , Albrecht Sign Company, Inc Sign Art Company, Inc Charles Zwinger, Inc Wednesday, February 01, 2012 Page 5 of 5 ) TO: MAYOR AND CITY COUNCIL FROM: KRISTEN SCHABACKER, FINANCE DIRECTOR Claims List Summary for the February 8, 2012 City CoUnciI Meeting Significant Claims Dell - Records Management Equipment Metro Sales - Fire Dept & Public Works Copiers Midwest Fuels Select Account - SW/WC Grant Total Unusual Claims Dakota County EmergenCy Services - 2012 Special Ops JPA GonerationsCuxtomCahinets - PolioeDep Upgrades City of Rosemount .- 2012 MAAG ContribUtiOn Total Manual Checks Totat System Checks Total Total List of Claims for the February 8, 2012 City Council Meeting $ 4,616.08 $ 8,326.76 $ 7,184.79 $ 11.535.80 $ 7,750.00 $39,414.43 $2,734.00 $4,720.00 $5,000.00 $12,454.00 $58,279.49 $105,499.44 *1sxJ7o.an 5o 66 CITY OF MENDOTA HEIGHTS Account Comments Claims List Manual Checks 01 /30 /12MAN DEPT Descr Amount 02/01/12 3:31 PM Page 1 Search Name AFFINITY PLUS G 01 -2073 G 01 -2073 Search Name AFFINITY PLUS 01/20/2012 PAYROLL 02/03/2012 PAYROLL Search Name ASSURANT EMPLOYEE BENEFITS E 01 -4132- 031 -30 JAN 2012 PREMIUM Search Name DRIVER & VEHICLE SERVICES G 01 -2010 SALES TAX - SRO CAR - POLI Search Name HOME DEPOT CREDIT SERVICES G 15 -2010 G 08 -2010 G 01 -2010 G 08 -2010 G 08 -2010 G 01 -2010 G 08 -2010 G 01 -2010 G 01 -2010 G 01 -2010 G 01 -2010 G 01 -2010 G 01 -2010 G 01 -2010 BUILDING REPAIR SUPPLIES BUILDING REPAIR SUPPLIES OPERATING SUPPLIES - PAR BUILDING REPAIR SUPPLIES BUILDING REPAIR SUPPLIES OPERATING SUPPLIES - PAR BUILDING REPAIR SUPPLIES OPERATING SUPPLIES - PAR EQUIPMENT REPAIR SUPPLIE OPERATING SUPPLIES - PAR OPERATING SUPPLIES - PAR OPERATING SUPPLIES - PAR EQUIPMENT REPAIR - PARKS EQUIPMENT REPAIR SUPPLIE Search Name HOME DEPOT CREDIT SERVICES Search Name 1 C M A RETIREMENT 457 G 01 -2072 01/20/12 PAYROLL Search Name NATIONWIDE RETIREMENT SOLUTION G 01 -2072 01/20/12 PAYROLL Search Name SCHUTTA, TAMARA E 01 -4490- 110 -10 E 01- 4490 - 109 -09 Search Name SCHUTTA, TAMARA Search Name SELECT ACCOUNT G 01 -2071 Search Name SPRINT G 15 -2010 G 45 -2010 G 01 -2010 G 05 -2010 Search Name SPRINT TRAINING SUPPLIES EMP. RECOGNITION H S A CONTRIBUTION - GRA NOV -DEC 2011 NOV -DEC 2011 NOV -DEC 2011 NOV -DEC 2011 Fire Administration City Council Search Name SW/WC SERVICE COOPERATIVES E 01 -4131- 070 -70 FEB 2012 HEALTH INS PREMI Parks & Recreation $1,040.00 $1,040.00 $2,080.00 $198.94 $1,493.25 $21.43 $61.94 $223.22 $12.53 $28.57 $21.44 $3.84 $35.36 $236.48 $33.30 $21.44 $253.76 $91.69 $17.98 $1,062.98 $463.29 $650.00 $77.69 $42.48 $120.17 $7,750.00 $30.66 $35.06 $1,583.99 $186.03 $1,835.74 $1,367.00 CITY OF MENDOTA HEIGHTS Claims List Manual Checks Account Comments DEPT Desc Amount 02/01/12 3:31 PI6 Page 2 E 01-4131-050-50 E 01-4131-040-40 E 01-4131-020-20 G 01-2074 G 01-2071 E 01-4131-110-10 E 15-4131-060-60 E 05-4131-105-15 FEB 2012 HEALTH NS PREMI Road &Bridges FEB 2012 HEALTH INS PREMI Code nspo FEB 2n12 HEALTH INS pREM| Police FEB 2012 HEALTH INS PREMI FE82V12 HEALTH INS PREM| FEB 2012 HEALTH INS PREMI Administration FEB 2012 HEALTH INS PREMI Utility Enterprise FEB 2012 HEALTH INS PREMi Engineering Enterprise $4,690.50 $1,320.00 $15,632.50 $683.50 $5,693.50 $3,835.00 $1,320.00 $3,835.00 Search Name SW/WC SERVICE COOPERATIVES $38377.00 Search Name TOMMY CHICAGOS PIZZA E 01-4490-030-30 RREF|SMTER|NTEuVEVVS - Fire Search Name UNITED WAY OF ST. PAIJL G 01-2070 01/20/12 PAYROLL Search Name US BANK E 01-4223-020-20 Search Name XCEL ENERG G 15-2010 GO1-2O1O GO1-2D1O Search Name XCEL ENERGY $67.44 $53.00 FEB 2012 DCC PAYMENT Police $1,816.67 DEC 201 UTILITIES -PVV DEC 20n1 UTILITIES 'PVV DEC 2011 UTILITIES - PW $770.33 $770.34 $770.34 $2,311.01 $58,279.49 68 CITY OF MENDOTA HEIGHTS Claims List System Checks 020812PAY Account Comments DEPT Descr Amount 02/01/12 3:35 PM Page 1 Search Name 4 PAWS ANIMAL CONTROL G 01 -2010 ANIMAL CONTROL - NOV 2011 G 01 -2010 ANIMAL CONTROL - DEC 2011 $521".63 $320.63 Search Name 4 PAWS ANIMAL CONTROL $842.26 Search Name AMERICAN FLEET SUPPLY E 01- 4330 - 490 -70 EQUIPMENT REPAIR PARTS E 01- 4330 - 490 -50 EQUIPMENT REPAIR PARTS Parks & Recreation Road & Bridges $10.64 $10.65 Search Name AMERICAN FLEET SUPPLY $21.29 Search Name ANCHOR SCIENTIFIC, INC. E 15- 4330 - 490 -60 EQUIPMENT PARTS - SEWER Utility Enterprise Search Name ASPEN EQUIP E 01- 4330 - 490 -70 $272.83 EQUIPMENT PARTS - PARKS Parks & Recreation $192.38 Search Name ASSURANT EMPLOYEE BENEFITS E 01 -4132- 031 -30 FEB 2012 PREMUIM Fire $178.98 Search Name B C A - TRAINING & EDUCATION G 01 -2010 TRAINING -T. SPICER Search Name BAUER BUILT G 01 -2035 G 01 -2010 Search Name BAUER BUILT Search Name BERG, PAUL E 01- 4415 - 040-40 EQUIPMENT MAINTENANCE - EQUIPMENT MAINTENANCE - $350.00 - $34.76 $582.85 $548.09 MILEAGE REIMBURSEMENT Code Enforcement/Inspe $59.60 Search Name BERTELSON TOTAL OFFICE SOLUTNS E 01 -4300- 110 -10 OFFICE SUPPLIES Administration $100.75 E 01 -4300- 110 -10 OFFICE SUPPLIES Administration $341.98 Search Name BERTELSON TOTAL OFFICE SOLUTNS $442.73 Search Name BESSER WELDING & FABRICATION G 01 -2010 OPERATING SUPPLIES - PD Search Name BOLTON & MENK INC G 27 -2010 MH RD, DODD RD WORK Search Name BRO -TEX, INC. E 01 -4305- 030 -30 $160.00 $382.50 SUPPLIES - FIRE DEPT Fire $107.52 Search Name C. DARLENE OEHLKE, CAP E 01- 4220 - 110 -10 01/17/12 CITY COUNCIL MTG Administration $50.60 CITY OF MENDOTA HEIGHTS Claims List System Checks 020812PAY Account Comments DEPT Descr Amount 02/01/12 3:35 Pt 9 Page 2 Search Name CAMELOT CLEANERS G 01-2010 UNIFORMS CLEANING - PD $96.40 Search Name CAPITOL CITY REGL FF ASSN E 01-4404-030-30 2012 DUES Fire $50.00 Search Name CENTERPOINT ENERGY RESOtJRCE R 01-3140 REFUND - OVERPAYMENT Search Name CENTURY LINK E 454210-045-45 Search Name COLLINS TREE G 45-2010 $100.00 JAN - FEB 2012 SERVICE Golf Course $52.46 TREE REMOVAL - PAR3 $534.38 Search Name CONTINENTAL SAFETY EQ G 01-2010 OPERATING SUPPLIES - STR Search Name CORNERHOUSE E 01-4400-020-20 CONFERENCE TU|TION - PO Police $950.00 Search Name CROWN TROPHY E 01-4490-020-20 PLATES - PD Police $45.15 Search Name CUB FOODS G 01-2010 G 01-2010 Search Name CUB FOODS GUPPLEG - FUREDEPT SUPPLIES - FIRE DEPT Search Name CUMMINS NORTH CENTRAL E 01-4330-460-30 EQUIPMENT REPAIR PARTS - Fire $34.99 $14.00 $48.99 Search Name DAKOTA COMMUNICATIONS CENTER E 01-4275-020-20 FEB 2012 DCC FEE Police u14,520J5 E 01-4275-030-30 FEB 2012 DCC FEE Fire $764.25 Search Nam DAKOTA COMMUNICATIONS CENTER $15,285.00 Search Name DAKOTA COUNTY E 154490-060-60 2012 PUMP MAINT. PROGRAM Utility Enterprise $184.14 Search Name DAKOTA COUNTY EMERGENCY SRVCS E 07-4330-000-00 2012 JP AGRMT - SPECIAL OP Spec Fds $2,734.00 10 CITY OF MENDOTA HEIGHTS Claims List System Checks 020812PAY Account Comments DEPT Descr Amount 02/01/12 3:35 PM Page 3 Search Name DAKOTA COUNTY FIRE CHIEFS ASSN G 01 -2010 2011 MEMBERSHIP Search Name DAKOTA COUNTY RECORDER G 01 -2010 DEC 2011 ABSTRACT FEES Search Name DELL MARKETING L.P. 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BOLAND Parks & Recreation Search Name JRS ADVANCED RECYCLERS E 01 -4280- 310 -50 APPLIANCE RECYCLING Search Name KREBSBACH, SANDRA G 01 -2010 2011 MILEAGE REIMBURSEM E 01 -4490- 109 -09 2012 MILEAGE REIMBURSEM Search Name KREBSBACH, SANDRA Search Name KREMER SERVICES, LLC E 01- 4330 - 490 -50 DOT INSPECTION - EQUIPME E 01- 4330 - 490 -50 DOT INSPECTION - EQUIPME Search Name KREMER SERVICES, LLC Search Name 1 E L S G 01 -2075 G 01 -2075 Search Name L E L S JAN 2012 UNION DUES FEB 2012 UNION DUES Search Name LEE, JAMES E 01 -4268- 150 -30 JAN 2012 SERVICES Road & Bridges City Council Road & Bridges Road & Bridges Fire $120.00 $266.86 $373.31 $298.65 $186.65 $74.66 $142.14 $47.26 $47.26 $1,436.79 $213.75 $13.48 $13.48 $29.32 $29.32 $29.32 $13.49 $128.41 $45.00 $52.00 $160.94 $22.98 $183.92 $83.15 $83.15 $166.30 $546.00 $546.00 $1,092.00 $1,809.00 Account CITY OF MENDOTA HEIGHTS Claims List System Checks 020812PAY Comments DEPT Descr Amount 02/01/12 3:35 Ph113 Page 6 Search Name LEXISNEXIS G 01 -20'I0 Search Name LOGIS G 01 -2010 G 23 -2010 G 01 -2010 Search Name LOGIS DEC 2011 SERVICE - PD DEC 2011 APPLICATION SUP NETWORK SUPPORT DEC 2011 APPLICATION SUP Search Name LOWER MISSISSIPPI RIVER WMO E 29- 4404 - 000 -00 2012 MEMBERSHIP Search Name LOBE -TECH G 01 -1210 Search Name M A ASSOCIATES G 01 -2010 G 15 -2010 Search Name M A ASSOCIATES Search Name MCP A E 01 -4404- 020 -20 Search Name MAZZITELLO, JOHN G 01 -2010 G 01 -2010 E 05 -4415- 105 -15 Search Name MAZZITELLO, JOHN Search Name MENARDS G 01 -2010 E 15 -4305- 060 -60 E 08- 4335 - 000 -00 E 01- 4305 - 030 -30 E 15 -4305- 060 -60 E 08 -4335- 000 -00 Search Name MENARDS AT FLUID EQUIPMENT MAINTENANCE S EQUIPMENT MAINTENANCE S Spec Fds 2012 MEMBERSHIP Police DEC 2011 MILEAGE REIMBUR MEETING SUPPLIES JAN 2012 MILEAGE REIMBUR Engineering Enterprise OPERATING SUPPLIES - STR OPERATING SUPPLIES - SEW Utility Enterprise OPERATING SUPPLIES - CITY Spec Fds OPERATING SUPPLIES - FIRE Fire OPERATING SUPPLIES - SEW Utility Enterprise MAINTENANCE SUPPLIES - CI Spec Fds Search Name MENDOTA HEIGHTS, CITY OF G 45 -2010 4TH QTR SEWER - PAR3 Search Name MENDOTA, CITY OF G 15 -2010 4TH QTR SEWER CHARGES Search Name METRO AREA MGR ASSN E 01- 4400 - 110 -10 SEMINAR - J. MILLER G 01 -2010 SEMINAR - U. DUGGAN E 01 -4404- 110 -10 2012 MEMBERSHIP Administration Administration $73:25 • $26.00 $48.00 $1,998.00 $2,072.00 $8,326.76 $186.70 $85.49 $42.74 $128.23 $45.00 $41.08 $38.55 $16.10 $95.73 $148.82 $25.02 $17.38 $23.28 $24.55 $22.90 $261.95 $209.00 $514.00 $20.00 $15.00 $45.00 74 CITY OF MENDOTA HEIGHTS Account Comments Claims List System Checks 020812PAY DEPT Descr Amount 02/01/12 3:35 PM Page 7 Search Name METRO AREA MGR ASSN Search Name METRO FIRE G 01 -2010 G 01 -2010 G 01 -2010 G 01 -2010 E 01- 4305 - 155 -30 G 01 -2010 Search Name METRO FIRE Search Name METRO SALES E 01- 4330 - 490 -70 E 15- 4330 - 490 -60 E 01- 4330 - 490 -50 E 01- 4301 - 114 -14 E 01 -4330- 030 -30 G 01 -2010 Search Name METRO SALES Search Name MEYER, STEVEN E 01- 4400 - 020 -20 Search Name MIDWEST FUELS G 01 -1210 Search Name MITCHELLI E 01- 4301 - 030 -30 Search Name MN BENEFIT ASSN E 01- 4131 - 050 -50 G 01 -2073 G 01 -2071 Search Name MN BENEFIT ASSN Search Name MN CHAPTER IAAI E 01 -4404- 020 -20 Search Name MN CONWAY E 01 -4305- 030 -30 PROTECTIVE GEAR PROTECTIVE GEAR EQUIPMENT REPAIR PARTS EQUIPMENT REPAIR PARTS PROTECTIVE GEAR EQUIPMENT REPAIR PARTS QUARTERLY COPIER MAINT. QUARTERLY COPIER MAINT. QUARTERLY COPIER MAINT. PW PRINTER/COPIER QUARTERLY COPIER MAINT. FIRE DEPT COPIER TUITION REIMBURSEMENT FUEL FEB 2012 SERVICE FEB 2012 PREMIUM FEB 2012 PREMIUM FEB 2012 PREMIUM 2012 MEMBERSHIP OPERATING SUPPLIES Fire Parks & Recreation Utility Enterprise Road & Bridges Info Tech Fire Police Fire Road & Bridges Police Fire Search Name MN FIRE SERVICE CERTIFICATION E 01 -4403- 030 -30 FIRE CERTIFICATION - KINGS Fire Search Name MN GFOA E 01 -4404- 110 -10 2012 MEMBERSHIP Search Name MN ST ADMIN ITG TELECOM SRVCE Administration $80.00 $324.81 $101.22 $314.86 $459.12 $42.61 $160.78 $1,403.40 $19.67 $19.66 $19.67 $2,458.13 $56.00 $4,611.66 $7,184.79 $1,840.00 $11,536.80 $155.03 $11.82 $14.95 $46.34 $73.11 $25.00 $48.00 $225.00 $120.00 CITY OF MENDOTA HEIGHTS Account Comments Claims List System Checks 020812PAY DEPT Descr Amount 02/01/12 3:35 Ptgi 5 Page 8 G 01 -2010 DEC 2011 WAN SERVICE Search Name MN STATE FIRE CHIEFS ASSN E 01 -4404- 030 -30 2012 MEMBERSHIP Search Name MPGMA E 45 -4404- 045 -45 2012 MEMBERSHIP Search Name NCPERS GROUP LIFE INS. G 01 -2071 FEB 2012 PREMIUM Search Name NORTH STAR PUMP SERVICE E 15- 4330 - 400 -60 LIFT STATION REPAIRS E 15- 4330- 400 -60 LIFT STATION REPAIRS Search Name NORTH STAR PUMP SERVICE Search Name OFFICE DEPOT E 05- 4300 - 105 -15 E 01 -4300- 110 -10 E 01- 4300 - 110 -10 E 01 -4300- 050 -50 E 01- 4300 - 030 -30 E 01- 4300 - 070 -70 E 01- 4300 - 050 -50 E 01 -4300- 020 -20 E 01 -4300- 020 -20 E 15- 4300 - 060 -60 E 05- 4300 - 105 -15 Search Name OFFICE DEPOT Fire Golf Course Utility Enterprise Utility Enterprise OFFICE SUPPLIES - ENG. Engineering Enterprise OFFICE SUPPLIES.- FINANCE Administration OFFICE SUPPLIES - FINANCE Administration OFFICE SUPPLIES - PW Road & Bridges OFFICE SUPPLIES - FIRE DEP Fire OFFICE SUPPLIES - PW Parks & Recreation OFFICE SUPPLIES - PW Road & Bridges OFFICE SUPPLIES - PD Police OFFICE SUPPLIES - PD Police OFFICE SUPPLIES - PW Utility Enterprise OFFICE SUPPLIES - ENG Engineering Enterprise Search Name OREILLY AUTO /FIRST CALL E 01 -4330- 490 -70 EQUIPMENT REPAIR PARTS E 15 -4330- 490 -60 EQUIPMENT REPAIR PARTS E 01 -4330- 490 -50 EQUIPMENT REPAIR PARTS E 01 -4330- 490 -50 EQUIPMENT REPAIR PARTS E 01- 4330 - 490 -70 EQUIPMENT REPAIR PARTS Search Name OREILLY AUTO /FIRST CALL Search Name OSLAND JANITORIAL SUPPLY E 08- 4335 - 000 -00 SUPPLIES - CITY HALL Search Name OXYGEN SERVICE CO E 01- 4330 - 490 -50 E 15- 4330 - 490 -60 E 01- 4330- 490 -70 G 15 -2010 G 01 -2010 G 01 -2010 G 01 -2010 Parks & Recreation Utility Enterprise Road & Bridges Road & Bridges Parks & Recreation Spec Fds EQUIPMENT REPAIR PARTS Road & Bridges EQUIPMENT REPAIR PARTS Utility Enterprise EQUIPMENT REPAIR PARTS Parks & Recreation QUARTERLY CYLINDER RENT QUARTERLY CYLINDER RENT QUARTERLY CYLINDER RENT QUARTERLY CYLINDER RENT $273.81 $335.00 $70.00 $80.00 $588.66 $433.50 $1,022.16 $6.40 $24.77 $18.16 $17.94 $128.50, $133.42 $133.42 $10.14 $104.03 $133.42 $11.31 $721.51 $27.77 $19.83 $19.84 $11.65 $19.84 $98.93 $55.58 $203.35 $203.35 $203.35 $23.19 $23.20 $23.19 $130.56 Search Name OXYGEN SERVICE CO $810.19 76 CITY OF MENDOTA HEIGHTS Account Comments Claims List System Checks 020812PAY DEPT Descr Amount 02/01/12 3:35 PM Page 9 Search Name PENTEL, REBECCA E 014130 - 021 -20 TEMP HELP - PD E 01 -4260- 640 -12 ELECTIONS Search Name PENTEL, REBECCA Search Name PETERBILT NORTH E 01- 4330 - 490 -70 E 01- 4330 - 490 -50 E 01 -4330- 490 -70 E 01 -4330- 440 -20 Search Name PETERBILT NORTH EQUIPMENT MAINT. PARTS - EQUIPMENT MAINT. PARTS - EQUIPMENT MAINT. PARTS - EQUIPMENT MAINT. PARTS - Search Name POSITIVE PROMOTIONS, INC G 01 -2010 FIRE PREVENTION MATERIAL G 01 -2035 FIRE PREVENTION MATERIAL Search Name POSITIVE PROMOTIONS, INC Police Elections Parks & Recreation Road & Bridges Parks & Recreation Police Search Name ROSEMOUNT, CITY OF E 01 -4404- 020 -20 2012 MAAG CONTRIBUTION Police Search Name SEVEN CORNERS ACE HDWE E 154305- 060 -60 OPERATING SUPPLIES Utility Enterprise Search Name STANDARD INSURANCE E 15 -4131- 060 -60 FEB 2012 TERM LIFE & ST INS Utility Enterprise G 01 -2074 FEB 2012 TERM LIFE & ST INS G 01 -2071 FEB 2012 TERM LIFE & ST INS G 01 -2071 FEB 2012 TERM LIFE & ST INS E 084131- 000 -00 FEB 2012 TERM LIFE & ST INS E 054131- 105 -15 FEB 2012 TERM LIFE & ST INS E 014131- 070 -70 FEB 2012 TERM LIFE & ST INS E 014131- 050 -50 FEB 2012 TERM LIFE & ST INS E 014131-110-10 FEB 2012 TERM LIFE & ST INS E 014131- 020 -20 FEB 2012 TERM LIFE & ST INS Search Name STANDARD INSURANCE Search Name STRAIGHT LINE HYDRANT MARKERS G 15 -2010 HYDRANT MARKERS Search Name STREICHERS E 01 -4410- 020 -20 E 01 -4410- 020 -20 Search Name STREICHERS Search Name T MOBILE G 01 -2010 G 01 -2010 Search Name T MOBILE Search Name TOTAL TOOL E 01- 4305 - 050 -50 E 014305- 070 -70 E 154305- 060 -60 Spec Fds Engineering Enterprise Parks & Recreation Road & Bridges Administration Police EQUIPMENT & UNIFORMS - P Police EQUIPMENT & UNIFORMS - P Police DEC 2011 SERVICE OCT 2011 SERVICE OPERATING SUPPLIES OPERATING SUPPLIES OPERATING SUPPLIES Road & Bridges Parks & Recreation Utility Enterprise $161.50 $57.00 $218.50 $16.37 $15.87 $21.20 $4.68 $58.12 $853.40 - $54.90 $798.50 $5,000.00 $27.78 $35.47 $1.90 - $33.97 $1,366.64 $49.29 $92.63 $109.76 $249.74 $247.92 $418.07 $2,537.45 $490.56 $107.04 $231.91 $338.95 $275.40 $186.00 $461.40 $109.92 $54.96 $54.96 CITY OF MENDOTA HEIGHTS LIs #. Account Comments System Checks 020812PAY DEPT Descr Amount 02/01/12 3:35 PI 7 Page 10 Search Name TOTAL TOOL Search Name TRIANGLE RUBBISH & RECYCLING G 01 -2010 DEC 2011 SERVICE Search Name TURFWERKS G 01 -2010 EQUIPMENT REPAIR - PARKS Search Name TWIN CITY SAW SVC E 01 -4330- 490 -50 EQUIPMENT REPAIR PARTS Road & Bridges Search Name TWIN CITY TELEPHONE E 23- 4490 - 000 -00 CABLING - PD Search Name U. S. BANK E 05 -4404- 105 -15 G 01 -2010 G 01 -2010 E 01- 4404 - 020 -20 G 01 -2010 G 05 -2010 E 01 -4301- 030 -30 G 15 -2010 Search Name U. S. BANK Search Name UNIFORMS UNLIMITED E 01 -4410- 020 -20 E 01 -4410- 020 -20 E 01 -4410- 020 -20 E 01- 4410 - 020 -20 E 01 -4410- 020 -20 Search Name UNIFORMS UNLIMITED 2012 MEMBERSHIP - ASCE EMP. RELATIONS RECEPTION SUPPLIES 2012 MEMBERSHIP - IAPE WEATHER STATION - PW CLOTHING - ENG. SOFTWARE - FIRE DEPT WEATHER STATION - PW EQUIPMENT - PD CLOTHING - PD EQUIPMENT - PD EQUIPMENT - PD CLOTHING - PD Spec Fds Engineering Enterprise Police Fire Police Police Police Police Police Search Name WACONIA FARM SUPPLY E 01- 4330 - 490 -70 EQUIPMENT REPAIR PARTS - Parks & Recreation E 01 -4330- 460 -30 EQUIPMENT REPAIR PARTS - Fire Search Name WACONIA FARM SUPPLY $219.84 $53.10 $1,211.42 $101.45 $144.10 $240.00 $115.10 $413.91 $50.00 $181.76 $135.00 $64.26 $90.88 $1,290.91 $865.63 $104.20 $871.63 $168.24 $104.20 $2,113.90 $38.11 $2.57 $40.68 $105,499.44 DATE: TO: FROM: SUBJECT: CITY OF MENDOTA HEIGHTS 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 651.452.8940 fax www.mendota-heights.com .mendota= heights.coni February 8, 2012 Mayor, City Council, and Ci 7 Administrator Sandie Thone, City Clerk CEC Food and Beverage, LLC /Le Cordon Bleu Liquor License BACKGROUND Pursuant to Mendota Heights City Code Section 3, Chapter 1, on -sale wine institutional licenses shall be issued only to vocational institutes certified by the State of Minnesota. Licenses shall only authorize the presentation of wine in connection with the service of meals as part of a culinary curriculum. A holder of an on -sale wine license issued pursuant to this chapter who is also licensed to sell 3.2 percent malt liquors at on -sale and whose gross receipts are (60 %) attributable to the sale of food shall be permitted to sell intoxicating malt liquors at on -sale without an additional license. A preliminary public hearing was conducted January 17, 2012 and no comments were received on an application for on -sale wine institutional and on -sale 3.2 malt liquor licenses for CEC Food and Beverage, LLC who has acquired Le Cordon Bleu located at 1315 Mendota Heights Road, Mendota Heights, MN 55120. Public hearing notices were published in the city's legal newspaper. Tonight will be the second and final public hearing for the license applicant. The change of ownership of a licensed establishment requires a new liquor license. CEC Food and Beverage, LLC /Le Cordon Bleu has successfully submitted all of the materials and fees required per Mendota Heights City Code and in compliance with the Minnesota Department of Public Safety, Alcohol and Gambling Enforcement Division. The Mendota Heights Police Department conducted a background investigation as required by City Code with favorable results. Per City Code, Section 3 -1 -7 E all new liquor license applications shall not be approved before the next regular meeting of the city council following such hearing. This public hearing will be considered the final public hearing for approval of an on -sale wine institutional and an on -sale 3.2 malt liquor license for CEC Food and Beverage, LLC /Le Cordon Bleu located at 1315 Mendota Heights Road, Mendota Heights, MN 55120. BUDGET IMPACT The city licensing fees for this license will affect the revenues of the 2012 budget as follows: On -Sale Institutional Wine License fee of $250 collected, On -Sale Malt Liquor License fee of $250 collected and a New Applicant Background Investigation fee for the CEC business owner of $500 collected for a total of $1000. RECOMMENDATION Staff recommends the city council conduct the final public hearing, consider comments from the audience, close the public hearing and approve an on -sale wine institutional and on -sale 3.2 malt liquor license for CEC Food and Beverage, LLC/Le Cordon Bleu located at 1315 Mendota Heights Road, Mendota Heights, MN 55120. CITY OF MENDOTA HEIGHTS DATE: TO: FROM: SUBJECT: - Discussion February 8, 2012 Mayor, City Council and City Administrator Jake Sedlacek, Assistant to the City Administrato7 \S 2012 -04, Variance, Independent School District 197 A planning application was presented to the planning commission on January 24, 2012 for a variance for wall signs at Henry Sibley High School, located at 1897 Delaware Avenue. James Davis, with Fourth Dimension Architectural Signage, is applying on behalf of Independent School District 197. The affected parcel is zoned residential, guided for institutional use and is permitted as a conditional use. The planning application was deemed complete January 3, 2012. The 60 day review period is set to expire on March 3, 2012. Public notice was published in the City's legal newspaper and mailed to property owners within 100 feet of the parcel. Planner Grittman reviewed the request as detailed in the planning application. A strict application of zoning code standards would allow a maximum sign area of twelve square feet. The planner noted that the size of the parcel, orientation of the sign and use of the site are all factors which support the request ... for variance from code. The planning commission asked what signage would be allowed if the property were zoned for business. Mr. Grittman responded that Henry Sibley High School would be eligible for far more sign area than they are requesting if the property were zoned for commercial. The commission expressed concern that there may be similar requests. Mr. Grittman stated his opinion that Henry Sibley is unique, and that he did not foresee similar requests coming forward. Mark Fortman and Dr. Robin Percival from ISD 197 spoke on behalf of the application, stating that the proposed signage is an enhancement to the use of the parcel, more so than the monument sign requested several years ago. There were no comments at the public hearing. Budget Impact None. Recommendation The planning commission recommended approval of the variance as outlined in the planning application, with the findings presented by the planner on a 6:0 vote. This matter requires a simple majority vote by the city council. If the city council desires to implement the recommendation, pass a motion adopting A RESOLUTION APPROVING A VARIANCE FROM THE MAXIMUM WALL SIGN AREA REQUIREMENT AT 1897 DELAWARE AVENUE, making any revisions the city council deems necessary. 9a 79 80 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2012 -- A RESOLUTION APPROVING A VARIANCE FROM THE MAXIMUM WALL SIGN AREA REQUIREMENT AT 1897 DELAWAREAVENUE. WHEREAS, James Davis on behalf of Independent School District 197 has applied for a variance for wall signs at Henry Sibley High School located at 1897 Delaware Ave (PID's 27- 02500- 010 -01, 27- 02500- 020 -01, 27- 02500- 030 -01, 27- 02500- 040 -01, 27- 02500- 050 -01, 27- 02500- 060 -01, 27- 02500- 010 -02 and 27- 02500 - 010 -03) as proposed in planning case 2012 -04; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this application at their regular meeting on January 24, 2012; and WHEREAS, the commission recommended that the city council approve the variance as requested in planning case 2012 -04; and NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council that a variance as proposed in planning case 2012 -04 is hereby approved with the following findings of fact: 1. The property in question is significantly larger than standard residential property, restricting the ability to read sin information from the street. 2. The main entrance to the building along Delaware has no adequate sign identification, creating potential for traffic confusion. 3. The additional building setback from the street in this areas does not provide an opportunity for readable signs at the smaller residential size allowed in the district. 4. The wall signs in the proposed locations will minimize the need for freestanding sign identification along Delaware Avenue. 5. The combination of setback, property size and sign regulations create practical difficulties in making reasonable use of the property as it relates to identification and traffic control. 6. The additional sign area proposed, as non - illuminated wall signage is a reasonable use of the property. Adopted by the City Council of the City of Mendota Heights this eighth day of February 2012. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor 81 ATTEST Sandie Thone, City Clerk NORTHWEST ASSOCIATED CONSULTANTS, INC. 4210101111■11■0001■1■0111107.1.1 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com MEMORANDUM TO: Mendota Heights Planning Commission FROM: Stephen Grittman/Bob Kirmis DATE: January 19, 2012 MEETING DATE: January 24, 2012 SUBJECT: Variance from maximum wall sign area requirement CASE NO: Planning Case: 12-04, NAC Case: 254.04-12.01 APPLICANT(S): Fourth Dimension Architectural Signage / ISD 197 LOCATION: 1897 Delaware Avenue ZONING: R-1, Single Family GUIDE PLAN: Low Density Residential Background and Description of Request: Fourth Dimension Architectural Signage, on behalf Independent School District (ISD) 197 has requested a variance from the from the City's wall sign regulations. The School District wishes to erect two wall signs upon the Henry Sibley High School (located at 1897 Delaware Avenue), the area of which exceed Ordinance requirements. The applicants believe the proposed signage will better identify the high school to southbound travelers on Delaware Avenue. Specifically, the applicants wish to affix the following signs on the north side of the school building: "Henry Sibley Warriors" sign measuring 143 square feet in size. School logo sign measuring 52 square feet in size. The sign would be located on the diagonal portion of the north facade and face northeast. According to the Zoning Ordinance, one nameplate sign is allowed for non-residential uses located within residential zoning districts. Such sign may not exceed 12 square feet in size. Thus, the applicants are seeking approval of a variance to allow two wall signs which, in total measure 195 square feet in area. 83 Analysis: The applicants have requested a variance to exceed the number and area requirements of wall signs allowed for non residential uses located in residential zoning districts. In considering variance applications, the City is required to find that: (1) The applicant is proposing to use the property in a reasonable manner; and (2) The applicant's proposal faces practical difficulties in using the property in this manner due to circumstances that: a. Are unique to the property, b. Are not caused by the applicant, c. Are consistent with the purpose and intent of the City's plans and ordinances, d. Are not out of character with the locality, or neighborhood, in which the property is located. The applicants feel that approval of the proposed wall signage is justified for the following reasons: O The building is located over 100 feet from the street necessitating additional branding. • Traveling south on Delaware Avenue, it is difficult to identify the main entrance to the school. • The school presently has branding on the south elevation of the building, but none of the other three elevations. ® The proposed signage is clean, legible and fits the architectural intent of the building and the surrounding area. In consideration of the variance request, it is believed that application of the residential district sign requirements upon the school use pose some obvious practical difficulties as summarized below. 1. The purpose of identification signage is to convey information. If signs are of such a size which do not reasonably allow information to be conveyed, a practical difficulty results. A 12 square foot identification sign affixed to the school's east facade likely would not be visible from adjacent Delaware Avenue which, according to the submitted site plan, lies approximately 300 feet to the east. It is believed that the 12 square foot maximum sign area requirement imposed in the district better reflects the signage needs of residential uses than institutional uses (such as the high school). In this regard, it is believed the variance request is unique to the subject property. 2 84 2. The request for variance requests reflects the applicant's desire to better identify the school's main entry. This is considered a reasonable objective which would not only benefit school patrons but likely assist in the efficient movement of traffic around the school. 3. The subject site measures nearly 80 acres in size. The high school building is centrally-located-on the site to provide-ample area for surrounding parking areas, bus drop off areas, athletic fields and open space. Such central location and resulting building setbacks are typical of most high school campuses. In this regard, the physical site needs of the high school do not relate well to the sign area allowances of the Zoning Ordinance. The applicants request for variance appears to create a "practical difficulty" and meets the tests of the Zoning Ordinance for variance consideration. • Action Requested: Following the public hearing, the Planning Commission may make one of the following recommendations: 1. Approval of the variance, based on a finding that one wall sign not exceeding 12 square feet in size does not permit reasonable identification of the use to the traveling public. 2. Denial of the variance, based on a finding that the applicant can make reasonable use of the property and comply with the regulations. Staff Recommendation: Planning staff is supportive of the variance. In past discussions, there has been consideration that the residential sign requirements do not apply well to non-residential uses that are permitted in the zoning district. The City has not chosen to amend those regulations, but for this use, a sign area requirement of 12 square feet appears to be so restrictive as to eliminate any value in having a sign. In some cases, signs that are too small are unreadable and can have a detrimental effect on traffic safety. As such, the application of one wall sign not more than 12 square feet in size upon the subject property could be seen as restricting reasonable use by interfering with the ability to provide adequate identification of the school. Moreover, the school has sought approval of a freestanding sign along Delaware identifying the entrance drive in the past. A wall sign with exposure in this direction would be less intrusive than a freestanding sign near the roadway. Supplementary Materials: Application materials dated January 3, 2012 3 85 Draft Findings of Fact for Approval Henry Sibley High School Wall Sign Variance 1897 Delaware Avenue 1 The property in question is significantly larger than standard residential property, restricting the ability to read sign information from the street. 2. The main entrance to the building along Delaware has no adequate sign identification, creating potential for traffic confusion. 3. The additional building setback from the street in this area does not provide an opportunity for readable signs at the smaller residential size allowed in the district. 4. The wall signs in the proposed locations will minimize the need for freestanding sign identification along Delaware Avenue. 5. The combination of setback, property size, and sign regulations create practical difficulties in making reasonable use of the property as it relates to identification and traffic control. 6. The additional sign area proposed, as non-illuminated wall signage, is a reasonable use of the property. 4 Mendota Heights A APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Case No. '1-0 12.. - Date of Application 11.11 1')._ Fee Paid 0a) Applicant Name: OANAS J/Ari1 PH: t0i--1-161- qQ3lo (Last) (First) (M) (1, E-Mail Address: r.r■ e-roor4hcl'mensioncnc .carv\ Address: /20q w eougri i�ii joo A-1406W Mas (Number & Street) (City) (State) (Zip) Owner Name: /Si) /q7 (Last) (First) (M) Address., /I97 Dael-WArter" /i007* /167645" 0'0 VIS (Number & Street) (City) (State) (Zip) Street Location of Property in Question: /8q7 b&-24-14JA-4.&7. Ai/041)65' Legal Description & PIN of Property: (Complete Legal from Title or Deed must be provided) pcb236e. seE- A-n-cAket, LE-6,Act_ Type of Request: Rezoning 21-- Variance Conditional Use Permit Subdivision Approval Conditional User Permit for P.U.D. Wetlands Permit Preliminary/Final Plat Approval Critical Area Permit Comprehensive Plan Amendment Other (attach explanation) Applicable City Ordinance Number 1Z_ Section 1 Present Zoning of Property R Present Use 5C4-tzOL Proposed Zoning of Property Proposed Use e_.-ktotsc_ I hereby declare that all statements made in this request and on the additional material are true. I further authorize City Officials and agents to inspect the above property during daylight hours. Date Received (Sig re o pplicarV, k (Signature of Owder) 1101 Victoria Curve . Mendota Heights, MN 55118. (651) 452-1850 . FAX (651) 452-8940 wwvv.mendota-heights.com 87 LEGAL DESCRIPTION FOR HENRY SIBLEY HIGH SCHOOL, 1897 DELAWARE AVENUE Part of the west half of the northeast quarter of the northeast quarter, and part of southeast quarter of the northeast quarter of Section 25; Township 28, Range 23, Dakota County Minnesota and the south 8.00 acrespf the southeast quarter of Section 25, Township 28, Range 23, Dakota County, Minnesota and 27-02500-010-01: N 5 A of E half of NE quarter of NE quarter ex S 100 ft ex N 40 ft ex W 426 ft 27-02500-020-01: S 100 ft of N half of NE quarter of NE quarter of NE quarter ex W 426 ft 27-02500-030-01: W 426 ft of N half of NE quarter of NE quarter of NE quarter ex N 40 ft 27-02500-040-01: Pt of S7A of N 12A of E half of NE quarter of NE. quarter Lying N of Roadway 27-02500-050-01: Pt of S7A of N 12 A of E half of NE quarter of NE quarter lying S of Roadway 27-02500-060-01: S 8A- of SE quarter of NE quarter of NE quarter 27-02500-010-02: W half of NE quarter of NE quarter ex N 40 ft for st 27-02500-010-03: SE quarter of NE quarter less hgwy 98/100 A ex pt for st 88 H nr 'fie; 1897 Delaware Avenue, Mendota Heights, MN 55118 Phone 651- ADMINISTRATION Dr. Robin Percival, Principal Pat Johnson, Associate Principal Scott Karlen, Associate Principal Tom Orth, Associate Principal Brian Ihrke, Athletic Director To Whom It May Concern: December 22, 2011 The proposed new signage at Henry Sibley High School will identify our building more clearly and pleasantly as one travels south on Delaware Avenue in Mendota Heights. We believe the new signage is welcoming and will enhance our sense of pride in our school and our community-. Thank you for considering the proposal for the new signage at Henry Sibley High School. Best Regards, Dr. Robin Percival ph: 651.481.9036 - Ix: 651.481.0613 December 27th, 2011 - - City Council and Planning Commission Members, The proposed new signage at Henry Sibley High School is necessary for several reasons: 89 1. The building is located over 100 feet from the street necessitating additional branding. 2. Traveling south on Delaware Avenue, it is difficult to identify the main entrance to the school. 3. The school presently has branding on the south elevation of the building, but none on the other 3 elevations. 4. The propsosed signage is clean- , legible and fits the architectural intent of the building and surrounding area. Thank you for taking the time to consider this request. . 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'( s, "---- t' P 1r • .. / ....• , T»; , w CUSTOMER APPROVAL 0 .0 >- °.2 7Th■ Cm. r IJJ(6 csj < CO 0 E •0 = u u u a t c rh u G- c, o — 2 ul :1 • w > QZ w 0 St J tp z 0 0) Z...- �0 I 0 -rx° (0 ftT" a wN M - 00o0 O Q vsn 0 -.I / N T w d) 'x 0 0 C/) w c ON a) [4 X -C -C 0) a cD L- CD P D E Et: --s— D- -0 co n .0 ,„ a) c -0 C -0 o t= >,, — .D.-- 07 +-'0 as CD -- 0 --I---, 1) co ,-,--,- C u) - C 4 -(76 0 N ciii 'sr - ET5 0 C■i 1 7 "r '' --..r-- -,-- 0_ -,---` - - - a) - -- - --- ri .. -- w 9 1/3 5 > 0 a. 0 Z 0< 0 0 cs--N cTh W 0 our side" c"—■ a) a) cu re cn o a rn c0 •ct -.I 1Th rTh "Time is o DATE: TO: FROM: SUBJECT: CITY OF MENDOTA HEIGHTS MEMO February 8, 2012 Mayor, City Council and City Administrator Jake Sedlacek, Assistant to the City Administrator- .. _ ... Commercial Property Maintenance Requirements Discussion In June of 2011 the city council directed staff to develop draft standards for commercial property maintenance. Planner Steve Grittrnan has provided the attached memorandum and draft ordinance for council consideration. This draft was reviewed by the planning commission in November 2011, there has been no formal public feedback on the draft. Budget Impact If city council chooses to adopt an ordinance for commercial property maintenance, there would be codification costs, and ultimately costs for code enforcement. Action Required Receive Mr. Grittman's report and provide staff with feedback/direction. 96 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 ' Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2565 Facsimile: 763.231.2561 planners acplanning.com MEMORANDUM TO: Mendota Heights City Council FROM: Stephen W. Griftman DATE: February 1, 2012 MEETING DATE: February 8, 2012 SUBJECT: Commercial/Industrial Property Maintenance CASE NO: 254.08 APPLICANT(S): NA LOCATION: NA ZONING: NA GUIDE PLAN: NA Background: Attached to this memorandum is a draft of a potential Commercial/Industrial Property Maintenance Code. The outline utilizes a list of topics that is loosely designed to parallel the City's Residential Property Maintenance Code. We have grouped maintenance requirement topics to follow both that code, and the issues most likely to be raised based on applicable zoning regulations. The proposed code language borrows from both Eagan and Chanhassen property maintenance codes for commercial and industrial land, although streamlined to reflect Mendota Heights' interest in a more compact code, and the City's relatively few current maintenance issues. It is possible to be general, and refer to zoning standards in most cases. It is also possible to be highly prescriptive. As has been discussed previously, there are only a few commercial properties that have raised maintenance issues for the community. As such, creating a code that balances between addressing the actual concerns, and adequately anticipates likely future problems without going overboard is the primary task with this project. (1' ( A Property Maintenance Code is designed to address current, ongoing maintenance concerns, as well as to provide a means to address future maintenance issues. From an enforcement standpoint, it is usually not possible to differentiate between "pre- existing" maintenance issues and newly created problems. Thus, it would typically be considered to apply to any discovered violation, regardless of when the condition may have been initiated. Essentially, this type of code is designed to deal with ongoing conditions that may create a nuisance, but adds specificity to the City's more general nuisance regulations. If a code such as this is adopted, some cities have provided notice of adoption to the subject properties, but then deferred actual enforcement for some time, up to a year. In this way, businesses have the opportunity to address any concerns and "self-police", or even seek the opinion of the City as to where potential violations may arise, with time to correct before a violation would be cited. This code is designed to apply to the condition of existing structures and site improvements, with the expectation that property is continually maintained, or that violations are brought up to the standards (zoning or building code) required at the time of their original construction. It is not designed to require existing properties to upgrade their facilities to meet newly adopted zoning or building regulations. So, landscaping that was planted as required screening at the time of its original approval is required to be maintained to that pre-existing standard. If the City has adopted new screening requirements that render the previous plan obsolete, the property does not need to upgrade just for purposes of maintenance — it need only keep in place what was originally approved. Most of these standards address routine maintenance, and establish a requirement that commercial and industrial property must keep their buildings and grounds in reasonably good shape to avoid becoming a depressing influence on neighboring property values. Enforcement would be by notification, and subsequent issuance of a citation when repairs are not made. A few conditions that result in nuisance, or even hazardous, conditions result in the ability of the City to act more aggressively — these more severe conditions are likely to be eligible to be pursued under existing code (such as nuisance ordinances or hazardous building statutes). The City should weigh the impact and administration of this code against the few maintenance concerns currently in commercial or industrial areas. Action Requested: The Planning Commission reviewed the draft code at its November 2011 meeting for content and general questions. It was noted that the language would benefit from review by the City Attorney to ensure that enforcement of the code would fit within the City's existing ordinance framework. 2 97 98 With those comments, the City Council's review will help staff refine the draft and get it ready for final staff reviews and adoption. Staff will be present at the Council's February 8th meeting to discuss the draft, address potential concerns, and answer questions. Following this review, staff will prepare a final draft for a public hearing to be held by the Plannirig COMmiSsiOn at an upcbmingmeeting, and then adoption by the-City.Council - soon after. As noted above, the City will want to discuss notification and enforcement policies and timelines for the final adopted language. Supplementary Materials: 1. Draft C/I Property Maintenance Code 3 ) Draft 11/17/11 Chapter 8 COMMERCIAL/INDUSTRIAL PROPERTY MAINTENANCE 12-8-1: FINDINGS AND PURPOSE STATEMENT: 12-8-2: DEFINITIONS: 12-8-3: BUILDING AND STRUCTURE APPEARANCE AND SAFETY REQUIREMENTS: 12-8-4: MAINTENANCE REQUIREMENTS FOR VACANT BUILDINGS: 12-8-5: LANDSCAPING AND GROUNDS MAINTENANCE: 12-8-6: ACCESSORY USES, BUILDINGS AND STRUCTURES: 12-8-7: ACCUMULATIONS AND HAZARDOUS MATERIAL: 12-8-8: RUBBISH, GARBAGE AND TRASH: 12-8-9: STORM DRAINAGE: 12-8-10: ABATEMENT AND ENFORCEMENT PROCEDURES: 12-8-1: FINDINGS AND PURPOSE STATEMENT: The City Council finds that it is in the best interest of the City to protect the public health, safety, and general welfare of its citizens. To this end, the City believes that by adoption of these commercial/industrial property maintenance regulations, it will further the following objectives: A. To preserve the value of commercial and industrial property within the City; B. To protect the character and stability of commercial and industrial areas of the City; C. To provide for minimum standards of maintenance for commercial/industrial properties within the City and ensure compliance; D. To cause correction to conditions upon commercial/industrial property which do not comply with the standards of maintenance established herein. E. Assist in identification and correction of dangerous or life threatening conditions that may be identified within the City. F. Provide a mechanism to mitigate potential public health issues identified within the City. 1 99 100 12-8-2: DEFINITIONS: All terms not defined herein shall have the meaning assigned to them in Section 12-1B-2 of this Title. If a conflict arises as to the definition of any term between this Chapter and Section 12-1B-2 of this Title, the definition in Section 12-1B-2 of this Title shall control. As used herein, the following words shall have the following meanings: ACCESSORY STRUCTURE: Shall have the meaning stated in this Title. Accessory buildings or structures shall include, but are not limited to: decks, porches, detached garages, and sheds. BUILDING: Shall have the meaning stated in this Title. Buildings shall include, but are not limited to: dwellings, offices, warehouses, and stores. FENCE: Any structure, wall, or gate erected as a permanent dividing marker, partition, visual or physical barrier, or enclosure, excluding any permitted temporary fence as regulated in the zoning regulations of this Code, within a parcel of land regardless if the parcel is platted or unplatted. PROPERTY: Developed or undeveloped land, parcel or platted lot, including any buildings, structures, and accessory structures thereon. STRUCTURE: Shall have the meaning stated in this Title. WEEDS: All grasses, annual plants and vegetation, other than trees or shrubs. This term shall not include cultivated flowers and gardens. 12-8-3: BUILDING AND STRUCTURE APPEARANCE AND SAFETY REQUIREMENTS: A. Building Material Condition: Any building or structure is a public nuisance if its exterior does not comply with the following requirements: 1. All exterior property shall be maintained in a clean, safe, and sanitary condition. 2. No part of any exterior building surface shall have significant deterioration including, but not limited to, holes, breaks, gaps, or loose or rotting materials. All exterior surfaces of the structure including, but not limited to, doors, door and window frames, cornices, porches and trim, shall be maintained in a good and safe condition. Exterior wood surfaces on the structures, other than decay resistant woods, stucco or other materials that do not normally require protection from the elements shall be protected from the elements and decay by staining, painting or other protective covering or treatment or other appropriate method acceptable to the City. 2 101 B. Premise Identification: All buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals. Numbers shall be a minimum of four (4) inches in height or larger as necessary to ensure visibility. C. Architectural Elements: All architectural elements including, but not limited to, cornices, - - belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition. 12-8-4: MAINTENANCE REQUIREMENTS FOR VACANT BUILDINGS: A. Maintenance: 1. Any vacant building or structure in the City that is found by an authorized employee or agent of the City to be dangerous to public safety or health by reason of the following is hereby declared to be a public nuisance and a hazardous structure or condition: a. Damaged by fire, storm, or vandalism; b. Defective chimneys or stovepipes; c. Dilapidated condition or decay; or d. Any other defect endangering the public safety or health. 2. Any vacant structure which is damaged, decayed, dilapidated, unsanitary, unsafe, vermin or rodent infested, presents environmental health risks or which lacks provisions for safe illumination, ventilation, or sanitary facilities to the extent that the defects create a hazard to the health, safety, or welfare of the occupants or of the public, may be declared unfit for human habitation or unsafe to the public by the City. 3. Whenever any vacant building has been declared unfit for human habitation or unsafe to the public, the City may proceed to declare the building a hazardous building or hazardous property and may seek to correct or remove the hazardous condition as authorized by Minnesota law. B. Security Measures. Vacant buildings shall be secured in accordance with Minnesota State Statutes 463.251 and applicable Building Code requirements. 1. Windows and doors shall be covered to prevent entry within a frame, and with covering materials, that are designed to complement or match those of the existing building. 2. Any part of the building, such as walls or roof, which is damaged in such a way as to allow possible entry, shall be repaired with materials that match the materials used for that part elsewhere on the building, and in a manner which masks the visible impression of vacancy. 3 102 12-8-5: LANDSCAPING AND GROUNDS MAINTENANCE: A. Vegetation, Trimming and Replacement (Trees and Shrubs): The owner and respective agents shall be jointly and severally responsible for the trimming and replacement of all site trees and shrubs in a condition presenting a healthy, neat and orderly appearance which is free from refuse and debris. Plants and ground cover which are required by an approved site or landscape plan and which have died shall be replaced as soon as seasonal or weather conditions allow. B. Weeds: All premises and exterior property shall be maintained free from weeds or plant growth in excess of eight (8) inches. All noxious weeds shall be prohibited. C. Grass Mowing and Irrigation: All grass shall be maintained at a height not exceeding six (6) inches. All exterior property areas devoted to grass shall be maintained and irrigated (watered) as necessary to ensure vegetative health. D. Sidewalks and Driveways: All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions. E. Parking Lots: Unless otherwise approved by the City, every lot or area used for public or private parking shall be maintained in accordance with the following requirements: 1. Pavement. Off-street parking areas shall be paved and maintained so as to eliminate dust or mud and shall be graded and drained to dispose of surface water. 2. Striping. Designated parking spaces shall be indicated and maintained on the surface of off-street parking areas with paint or other striping material approved by the City. 3. Curbing. Curb barriers (around the perimeter or within off-street parking areas) shall be maintained to so as not to exhibit any significant deterioration. F. Fencing: Any fence is a public nuisance if it does not comply with the following requirements: 1. The fence shall be firmly fastened and anchored in order that it is not leaning or otherwise in the stage of collapse. 2. The fence shall be maintained in sound and good repair and free from deterioration, loose or rotting pieces, or holes, breaks, or gaps not otherwise intended in the original design of the fence. The fence shall be free from any defects or condition which makes the fence hazardous. 3. All exterior wood surfaces of any fence, other than decay resistant woods, shall be protected from the elements by paint or other protective surface covering or treatment, 4 103 which shall be maintained in good repair to provide the intended protection from the • elements. 4. No fence section shall have peeling, cracked, chipped or otherwise deteriorated surface finish, including but not limited to: paint or other protective covering or treatment, on more than twenty (20) percent of any one linear ten-foot section of the fence. - - G. Grounds Adjacent to Residential Areas: All grounds adjacent to residential uses shall be maintained in a clean, safe and sanitary condition. Landscaping and screening in adjacent areas shall be maintained such that residential properties are not negatively impacted by lighting, odors, air pollution, noise, dust and other similar features produced by the commercial or industrial use. 12-8-6: ACCESSORY USES, BUILDINGS AND STRUCTURES: A. Building Materials Condition: The exterior of all accessory structures, including but not limited to, fences and walls shall be maintained in structurally sound condition and in good repair. B. Architectural Elements: All architectural elements accessory to the principal building shall be maintained in a structurally sound condition and in good repair (as similarly required of the principal building). Architectural elements include, but are not limited to, cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features. C. Storage and Screening: Except as specifically allowed within the applicable zoning district or as a listed exception, all materials and equipment shall be stored indoors. When allowed, materials and equipment stored outdoors shall be screened from eye level -view-of abutting residential zoning districts in accordance with the City's zoning regulations and maintained as follows: 1. Maintenance of required screening (plantings, berm and/or fence) shall be the responsibility of the individual property owner or, if applicable, the homeowners' association. 2. All fence repairs shall be consistent with the original fence design in regard to location and appearance. 3. Replacement of landscape materials or plantings shall be consistent with the original screen (buffer yard) design. 4. All repair or plant replacement shall be done within forty-five (45) days of written notification from the Zoning Administrator. 5 104 D. Signage: All signs shall be maintained in a safe, presentable and good structural condition at all times. Maintenance shall include painting, repainting, cleaning, replacement or repair of defective parts, replacement of missing letters and other necessary acts. Any sign which the City finds is in a dangerous or defective condition shall be removed or repaired by the owner of the sign or the owner of the premises on which the sign is located. E. Exterior Lighting: All light fixtures shall be maintained in good repair. Lights for illuminating parking areas, loading areas or yards for safety and security purposes shall be maintained in such a manner that the maximum illumination levels established within the City's zoning regulations are not exceeded. 12-8-7: ACCUMULATIONS AND HAZARDOUS MATERIAL: A. Accumulations: Rubbish, garbage, or other hazardous and dangerous materials shall not be stored or allowed to accumulate in stairways, passageways, doors, windows, fire escapes or other means of egress. B. Hazardous Material: Hazardous substances, refuse, pollutants and contaminants, as those terms are defined by Federal, State, and local laws, shall not be accumulated or stored unless storage complies with the applicable requirements of all laws, rules and ordinances pertaining to the activity, including, but not limited to, the City's Building Code and Fire Prevention Code. 12-8-8: RUBBISH, GARBAGE AND TRASH: A. Accumulation of Rubbish and Garbage: All exterior property areas shall be free from any unreasonable accumulation of rubbish and garbage causing a nuisance. B. Disposal of Rubbish: Every occupant of a structure shall reasonably store and dispose of all rubbish and garbage in a clean and sanitary manner in accordance with all laws. C. Screening: Garbage and recycling containers shall be either: a) stored inside a building such that they are not visible from adjacent public streets or adjoining properties; or b) stored outside but fully screened from view of adjacent public streets or adjoining properties by landscaping or fencing materials. D. Collection: Discarded materials and equipment shall not be left outside for collection and disposal for more than seventy two (72) hours. Materials and equipment not awaiting collection and disposal shall not be placed outside. 12-8-9: STORM DRAINAGE: 6 A. Public Nuisance: Stormwater runoff and drainage of roofs and other hard surfaced areas on property shall not be allowed to occur in a manner that creates a public nuisance. B. Site Grading: Except in the case of approved retention areas and reservoirs, all premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon. 12-8-10: ABATEMENT AND ENFORCEMENT PROCEDURES: A. Enforcement Officials: The City Council shall enforce the provisions of this Chapter and may by resolution delegate to various officers or agencies power to enforce particular provisions of this Chapter, including the power to inspect private property. B. Notice to Abate: Whenever, in the judgment of City Council or the officer charged with enforcement of this Chapter, it is determined that a violation hereof is being maintained or exists within the City, such officer shall notify in writing the person committing or maintaining such violation and the owner of the property and require them to remedy such violation and to remove such conditions or remedy such defects. Such written notice shall be delivered to the person committing or maintaining violation and the owner of the - property or may be delivered by mail. If the property is not occupied and the address of the owner is unknown, service on the owner may be accomplished in the manner specified for service in Rule 4 in the Minnesota Rules of Civil Procedure, except in the case of an emergency and then in such case, service shall be accomplished after posting such notice for twenty four (24) hours. Such notice shall require the owner or occupant of the property, or both, to take corrective steps within a time as defined by the officer charged with enforcement to remedy such violations, such steps and time to be designated in the notice, but the maximum time to remedy a violation after service of such notice shall not exceed one hundred twenty (120) days. In the case of severe financial or physical hardship, the Council may grant an extension to the time limit. Said violation shall be corrected "immediately" in the case of imminent danger to the public health, safety, or welfare. Service of notice may be proven by filing an affidavit of service in the office of the City Clerk setting forth the manner and time thereof. C. Report of Failure to Abate: When notice so given is not complied with, such noncompliance shall be reported forthwith to the city for such action as may be necessary and deemed advisable to abate and enjoin further continuation of such nuisance, including referring the matter to the City's prosecuting attorney to pursue a judicial remedy on behalf of the City. A violation of this Chapter shall be subject to a penalty as provided in section 1-4-1 of this Code. D. Abatement by City: In the event the City chooses to abate said violation, the City shall adopt a resolution setting forth the specific details of the corrective matters to be taken. A copy of the resolution shall be sent to the property owner by certified mail and if the violation is not abated within ten (10) days of the mailing of said resolution, the City shall 7 106 take all actions necessary to abate said violation, keeping accurate Pecords of the cost of the same. E. Costs to Owner: The Finance Director shall prepare a bill and mail it to the owner of the property for the costs incurred by the City, including, but not limited to, administrative costs, attorney fees and costs and the costs of any outside contractor engaged by the city to correct such violation, and thereupon the amount shall be immediately due and payable- to the City (the "bill"). F. Special Tax: If the bill is not paid to the City within twenty (20) days after the mailing of the bill, the City Clerk shall extend the costs of abating the violation as a special tax against the property upon which the violation was located, and such special tax shall, at the time of certifying taxes to the County Auditor, be certified for collection as other special taxes are certified and collected. The City Council may specify an additional penalty for such special fax collections. 8