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2012-03-06 Council PacketCITY OF MENDOTA HEIGHTS CITY COUNCIL AGENDA March 6, 2012 — 7:00 p.m. Mendota Heights City Hall 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Adopt Agenda 5. Consent Agenda a. Acknowledgement of February 21, 2012 City Council Minutes b. Acknowledgement of February 15, 2012 Airport Relations Commission Minutes c. Sign Permit 1897 Delaware Avenue (Henry Sibley High School) d. Adoption of Dakota County All Hazard Mitigation Plan e. 2012 Parks and Recreation Contracts f. Traffic Safety Committee Recommendations g. Acknowledgement of February Building Activity Report h. Authorization to Begin Par 3 Hiring and Recruitment Process i. Approval of Contractors List j. Approval of Claims List 6. Public Comments 7. Unfinished and New Business a. Planning Case 2012-05; adoption of "RESOLUTION APPROVING A FOUR FOOT VARIANCE TO THE FRONT YARD SETBACK AT 2225 APACHE STREET" b. Planning Case 2012-06; adoption of "RESOLUTION APPROVING VARAINCES FOR WALL SIGNS AT 949 MENDOTA HEIGHTS ROAD" — St. Thomas Academy c. Extension of Conditional Use Permit for Air-Supported Structure at 949 Mendota Heights Road — St. Thomas Academy d. Commercial Property Maintenance Code 8. Council Comments 9. Adjourn Mendota Heights City Council CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, February 21, 2012 ITEM 5A February 21, 2012 Page 1 P1 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Krebsbach called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Duggan, Povolny, Petschel and Vitelli. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Krebsbach presented the agenda for adoption. Councilmember Duggan moved adoption of the agenda. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and approval. Councilmember Duggan moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein; pulling items D) Renewal of Street Maintenance Joint Powers Agreement; J) Appointment of Alternate Dakota County Communications Center Representative; L) Partners in Preservation Grant Agreement; and N) Authorization to Seek Professional Services for Design of Pedestrian Safety Improvements at Highways 110 and 149 a. Acknowledgement of February 8, 2012 City Council Minutes b. Acknowledgement of February 9, 2012 City Council Workshop Minutes c. Acknowledgement of January 2012 Treasurer's Report d. Renewal of Street Maintenance Joint Powers Agreement e. Tobacco License for Poopha Incorporated/Mendota Liquor f. Appointment of Fire Department Captains g. Approval of Out of State Travel — 2012 Fire Instructors Conference h. Receive January Fire Department Synopsis Mendota Heights City Council February 21, 2012 Page 2 P 2 i. Acknowledge Resignation of Firefighter j. Appointment of Alternate Dakota County Communications Center Representative k. Vehicle Purchase and Emergency Equipment Installation 1. Partners in Preservation Grant Agreement m. Petition for Streetlight on Furlong Avenue n. Authorization to Seek Professional Services for Design of Pedestrian Safety Improvements at Highways 110 and 149 o. Approve the Contractors List p. Approve the Claims List Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 D) RENEWAL OF STREET MAINTENANCE JOINT POWERS AGREEMENT Public Works Director John Mazzitello explained the Joint Powers Agreement (JPA) is for traffic markings, street sweeping, crack sealing, screening, and sealcoating. This agreement is with a number of different cities in both Dakota County and Scott County and is utilized each year for Mendota Heights' crack sealing and sealcoating program. He explained Councilmember Vitelli had requested information through City Administrator Justin Miller regarding the costs and savings realized by utilizing the JPA. Mr. Mazzitello stated that the administrative costs would be somewhere in the vicinity of $1,500 to put the contract together, bid it, award it, and to administer the contract. Whereas under the JPA, the fee that the City of Burnsville charges for administering the program for all of these cities is $550 which is based on a $50,000 estimate. He stated however, the most valuable asset in using this JPA is in the staff time that it saves the city. Councilmember Petschel made the observation that the city is probably getting "more bang for our buck" because of the purchasing power of this larger group. Mr. Mazzitello confirmed. For future reference, which Mr. Mazzitello made a note; Councilmember Duggan suggested a change to a plu ase in the agreement to make it more legal and appropriate than currently worded. Councilmember Vitelli moved to approve Renewal of Street Maintenance Joint Powers Agreement Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 J) APPOINTMENT OF ALTERNATE DAKOTA COUNTY COMMUNICATIONS CENTER REPRESENTATIVE Mayor Krebsbach stated that she has been the alternate and Councilmember Duggan is the representative to the Dakota County Communications Center. She commented that Councilmember Duggan has excellent attendance therefore she has only attended one meeting. Mayor Krebsbach expressed with the number of commitments to boards she serves on she believes it would be more Mendota Heights City Council February 21, 2012 p 3 Page 3 appropriate that another Councilmember be the alternate. Mayor Krebsbach recommended Councilmember Povolny, who accepted the appointment. Mayor Krebsbach moved to approve Appointment of Councilmember Povolny as the Alternate Dakota County Communications Center Representative. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 L) PARTNERS IN PRESERVATION GRANT AGREEMENT Councilmember Duggan expressed his desire that the council consider pursuing a historic preservation designation for Pilot Knob. St. Peters Church is a historically preserved building and recognized nationally. He believes it is appropriate that Pilot Knob also be preserved and the council pursues that recognition — unless it is cost prohibitive. Councilmember Duggan offered to speak with a member of the Minnesota Historical Society to get the parameters that are required for this before it goes further and bring it back to the council. Mayor Krebsbach also recommended that a member of the Pilot Knob Preservation Group be consulted to determine if, for some reason, this would not be an appropriate designation. Councilmembers expressed their agreement that this would be a good idea to pursue. Assistant to the City Administrator Jake Sedlacek explained that the grant agreement is from the National Trust for Historic Preservation who has granted the city $75,000 to remove the utility lines, which go along the old Pilot Knob roadbed. Since the utility companies want to keep them, the lines would be buried in the old roadbed until such a time that would require the utility lines removed. He stated this would remove one more visual barrier from the site. Additionally, in the grant application was a request for some funding to target some areas that have been a little bit more stubborn from a restoration effort. Staff is working with engineering to try and get this work completed in the spring and then see what kind of funding is left over for that restoration effort. Councilmember Duggan inquired whether the funding for the display of a project sign in a prominent location is part of the grant or if it is something the city would have to provide. Mr. Sedlacek replied that he is not entirely sure what that requirement is. There is signage on hand from the grant program but he is unsure if they are asking that the city redisplay that or if they are asking for something new. Councilmember Vitelli moved to approve The Partners in Preservation Grant Agreement. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 Mendota Heights City Council February 21, 2012 Page 4 P 4 N) AUTHORIZATION TO SEEK PROFESSIONAL SERVICES FOR DESIGN OF PEDESTRIAN SAFETY IMPROVEMENTS AT HIGHWAYS 110 AND 149 Councilmember Duggan commended staff on the excellence of the proposal. He then asked if .the $96,800 would be budgeted for next year — the city's 20% contribution. Public Works Director John Mazzitello replied that the costs for 2013, which would be the matching to the grant and any other consultant fees in 2013 are already budgeted in the street improvement plan and paid out of the Municipal State Aid Account. Mayor Krebsbach commented that the council did discuss this extensively at the workshop and all of the Councihneinbers are comfortable with the direction of the project but expressed appreciation for Councilmember Duggan pulling this item so it could be brought to the public's attention. She inquired when this would be constructed. Mr. Mazzitello replied that, as outlined in the RFP, construction would begin in the spring of 2015 and would be completed approximately July /August in 2015. The goal is to have the construction completed before school starts but is weather and contractor dependent. Councilmember Duggan asked to be refreshed as to why the feasibility study was completed on a Saturday rather than a weekday. Mr. Mazzitello replied that he believes that was a clean up day and pedestrian traffic at the intersection was increased because of the events at the Mendota Plaza. Councilmember Duggan moved to Approve Authorization to Seek Professional Services for Design of Pedestrian Safety Improvements at Highways 110 and 149 Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS Mr. Ken Weisenberger alerted the public of a benefit being held on Saturday for one of the city's injured firefighters. This firefighter was on her honeymoon when a parasite got in between her contact lens and her eye and caused significant damage. The benefit will be held on Saturday, February 25, 2012 from 3:00 p.m. to 8:00 p.m. at the Mendota VFW. The benefit includes a silent auction, spaghetti dinner, and live music by Sandy and the Hitmen. Tickets are $10 per person and everyone is invited and encouraged to attend. Items available in the silent auction include: • Baseball bat autographed by Joe Mauer • Ball signed by Jim Thome • Ball signed by Jack Morris, commemorating the 1991 World Series no hitter that he threw • Tickets to Neil Diamond • Tickets to Cold Play • Three sets of Wild Tickets • Theme gift basket from each of the firefighter squads Plus many more Mendota Heights City Council February 21, 2012 Page 5 P 5 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" Assistant to the Administrator Jake Sedlacek explained this is a continuation from the previous meeting.. Henry Sibley High School is seeking variances for wall signs; this is for the number of wall signs and the size of the wall signs. The high school currently has large lettering saying Henry Sibley High School, which is on the south side of the building facing Highway 110. They are now seeking to put red lettering saying Henry Sibley Warriors on the north side of the building and then near the main entrance of the building displaying the logo. These are painted signs and are non - illuminated. This was discussed briefly at the last meeting and there have been some changes made to the resolution on the matter as suggested by council. The changes made to the resolution include: • Add the indication that there is more than one variance being requested • Addition of language that is `as approved' so even though the title might say variance, the language of the resolution always implies that the planning application presented is what is being approved • Added a `finding' stating that the size of the building is significantly larger than other buildings in the residential zone • Deleted a `finding' regarding the illumination of the sign • Illumination of the sign was added as a condition of approval; that the new wall signs will not be illuminated Councilmember Duggan pointed out that the beginning of the resolution says approving variances but the language of the resolution says variance (plural versus singular). The language should be consistent throughout the resolution. It is his understanding that there are two variances, one for the two different signs and one for the size of the signs. Councilmember Duggan also suggested that the resolution read in residential zones rather than in the residential zone. Councilrnernber Vitelli and Councilrnernber Petschel indicated that they liked the changes made to the resolution. Mayor Krebsbach expressed her concern that there was not a representative from the school present to speak to this because the sign she saw is actually in italics and is different than the one presented. Their operations person, who is very knowledgeable, stated that they would not be slanted but would be straight up. She expressed her belief that it is very important that council be very careful about anything that is done related to signage. She would be more comfortable with two resolutions, one variance for the number of signs and another for the parameters of the signs. Councilmember Duggan asked City Attorney Tarni Dielun if the changes he suggested to the resolution would address Mayor Krebsbach concerns. City Attorney Diehrn replied that the changes Councilmember Duggan suggested were appropriate and could be done administratively. If the Mayor Mendota Heights City Council February 21, 2012 P Page 6 would like to see two resolutions, then staff would have to come back to the council with those documents. It is within the council's right to approve both variances in one resolution. Brief discussion followed in regards to the font and color of the lettering on the signs. Councilmember Duggan moved approval of a "Resolution Approving a Variance from the Maximum Wall Sign Area Requirement at 1897 Delaware Avenue" as amended. Councilmember Vitelli seconded the motion. Councilmember Vitelli commented that Mayor Krebsbach's points are good; however, he believes that the council should not get too deeply into the decisions regarding typeface, etc. Mayor Krebsbach replied that her point is that the council could require common lettering for one institution or business and not allow them to change the look as they go around the building. Additional discussion and comments were made in regards to the font of the school name being consistent. Ayes: 4 Nays: 1 (Krebsbach) UNFINISHED AND NEW BUSINESS B) PLANNING CASE 2012 -01; ZONING AMENDMENT — CITY OF MENDOTA HEIGHTS; "ORDINANCE AMENDMENT RELATING TO MINOR WETLAND PERMITS" Assistant to the Administrator Jake Sedlacek explained that this is a planning application that was initiated by the city in response to Planning Commission and City Council comments that perhaps some of the wetlands permits that are reviewed through the formal process could be expedited. Staff brought ideas and concepts to the Planning Commission, who discussed those ideas at length and then requested staff make formal application for a zoning amendment. The current wetlands zoning does have language for minor developments. This ordinance would strike the existing language on minor developments and create new language for administrative approval of wetlands permits that meet a tight set of conditions. If an application is made to staff and staff was not inclined to approve it, that resident or business would then be subject to the regular wetlands permitting process. This is not an administrative denial process, but only if applicants meet certain conditions could they then be approved. Councilmember Duggan, in reference to the list of conditions, asked if it was totally comprehensive. Mr. Sedlacek replied that it is not totally comprehensive by design. It is a specific list of conditions that the Planning Commission felt would be appropriate for administrative approval. If the application does not fall within those guidelines then it would need to go through the standard wetlands permit process. Councilmember Petschel, having watched the discussion at the Planning Commission, expressed her comfort with the items identified in the list of conditions. Councilmember Vitelli moved approval of "Ordinance Amendment Relating to Minor Wetland Permits" Mendota Heights City Council Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 February 21, 2012 Page 7P7 UNFINISHED AND NEW BUSINESS C) PLANNING CASE 2012 -02; ZONING AMENDMENT — CITY OF MENDOTA HEIGHTS; "ORDINANCE AMENDMENT RELATING TO CRITICAL AREA PERMITS" Assistant to the Administrator Jake Sedlacek explained that this is another action initiated by staff at the request of the Planning Commission and Council. This item was vetted through the . Planning Commission and they are the ones that decided that staff should submit a formal application. There is existing language in the critical area permit in the code that allows for an expedited process. While staff used this process on a regular basis as recent as 10 years ago, there were a couple of instances that were in the gray area and staff was in a tough spot of whether or not to apply the standards. Since that time city council requested that all critical area permits, no matter the scope, go through the standard process. As these discussions carne forward staff took a similar approach to the wetlands permit and created more specific conditions around when that existing authority can be utilized. The proposed ordinance amendment does not strike any language besides `inappropriate or unduly burdensome' but adds the conditions. It is not recommended to have administrative approval of critical area permits. The conditions before the council are the conditions under which an application could be brought straight to City Council without going through the full public hearing process. A couple of these have been done in the past few months and staff has been very careful to make sure council has the understanding that if they feel at any point it needs a public hearing, the process is still underway and there is still due process for all residents in the area to provide feedback on it. Mr. Sedlacek pointed out that both the wetlands permit and the critical area permit are subject to the same appeal process that any city decision is, be it administrative or city council. Councilmember Duggan moved approval of "Ordinance Amendment Relating to Critical Area Pen-nits" Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 COUNCIL COMMENTS Councilmember Vitelli expressed his appreciation to Public Works for getting the snow cleaned up. Councilmember Petschel mentioned that the Rogers Lake Shore Patrol, when visiting some ice fishermen, found someone who had just pulled out a 31 -inch walleye. The ice fishing has been good. Councilmember Duggan repeated that Saturday is a big day and encouraged residents to take time out and attend the benefit and spend a few dollars for this firefighter. Mendota Heights City Council February 21, 2012 P 8 Page 8 Mayor Krebsbach commented that she was asked to make a presentation on the city's tax rate and why the taxes have remained low to the West St. Paul/Mendota Heights Rotary Club. The club donated two sapling trees, which they give each speaker. Mayor Krebsbach made the announcement that Rabbi Morris Allen has celebrated 25 years at Beth Jacob. He started at Beth Jacob when it was a very small congregation and they now have over 400 households. When she was reading about his celebration, she noted that he is considered one of the 50 top significant Jewish Americans in the country. ADJOURN Mayor Krebsbach adjourned the meeting at 7:50 p.m. Sandra Krebsbach Mayor ATTEST: Sandie Thone City Clerk ITEM 5B P9 CITY OF MENDOTA :HEIGHTS DAKOTA COUNTY, MINNESOTA AIRPORT RELATIONS COMMISSION MINUTES February 15, 2012 The regular meeting of the Mendota Heights Airport Relations Commission was held on Wednesday, February 15, 2012 at 7:00 p.m. at 1101 Victoria Curve, Mendota Heights, MN. The following commissioners were present: David Sloan, William Dunn, Sally Lorberbaum, Kevin Byrnes, Paul Portz and Gina Norling Absent: Jim Neuharth and Gretchen Keenan Also present: City Administrator Justin Miller Approval of Minutes Lorberbaum made a motion, seconded by Portz to approve the November 9, 2011 minutes (unanimously approved). The minutes of January 18, 2012 were reviewed and since it was not an official meeting due to a lack of a quorum, the minutes were noted as correct. Introduction of New Commission Paul Portz Commissioners introduced themselves to the newest commissioner, Paul Portz, and Portz provided his background to the commission. Election of 2012 Chair and Vice -Chair Dunn made a motion, seconded by Lorberbaum, to nominate David Sloan as the commission chair for 2012. Dunn then made a motion, seconded by Sloan, to nominate Lorberbaum as Vice- Chair. All voted in favor. Joint ARC Meeting with Eagan and Inver Grove Heights The commission mentioned how joint meetings in the past with Eagan had been productive and thought holding it again this year would be beneficial. The commission agreed to discuss potential agenda topics at the March commission meeting. Lorberbaum made a motion, seconded by Dunn, to hold the meeting in place of the regularly scheduled. May ARC meeting. All voted in favor. Draft 2012 Visiting Speaker Schedule The commission reviewed the list provided by staff and suggested that the following names /topics be added to the list: Chad Leqve and Carl Rydeen (MAC and FAA Staff), Jeff Hamiel (MAC Executive Director), and a person familiar with RNAV technology. Miller said he would work on getting speakers lined up for future meetings. City Council Resolution — Support of NOC Recommendations Miller stated that the City Council approved the resolution provided in the meeting materials at their February 8th meeting. P1 Commission Items of Interest Sloan indicated that there had not been a NOC meeting since the last presentation by Councilmembers Petschel and Duggan Dunn provided ocoportoonmisunzonitocabuMoodotu Heights and similar Iocations in Minneapolis. Commissioner Nor ling her report oo the 8��r29u�� noting ��n���� presented there similar in 80 She noted oyurotioomobnvv�dud�ccoxm� was decrease over db. 'than u high proportion ofthe 80 db events were by the sarne aircraft and suggested that staif ask MAC staif about getting a more detailed report. Commissioner Lorberbaum said that there were no new noise complaint reports and that she would suggest changing her report to every other month since there was a delay in receiving information and that the data was relatively constant. Articles provided by Commissioner Byrnes were discusse Acknowledge Receipt of Various Reports/Correspondence Statistical departure operation charts were presented. Tbe monthly reports for Deeember 2011 were acknowledged. Adjourn Lorborbumo made umotion, seconded by Norli that the meetirig be adjourned. All voted in favor. Meeting adjourned at 8:07 pm. 2 ITEM 5C P11 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452,8940 fax www.mendota-heights.com CITY OF MENDOTA HEIGHTS DATE:March 6, 2012 TO: Mayor , City Council , & City Administrator. FROM: Paul R. Berg Code Enforcement Officer pie& SUBJECT: Sign permit approval 1897 Delaware Avenue. Henry Sibley High School. BACKGROUND During Councils meeting on February 21,2012 a variance was approved to allow two (2) signs to be installed at the Henry Sibley High School. Now that the requested variance has been approved the sign contractor wishes the sign peunits to be reviewed and approved by Council. The proposed signs will be non-illuminated and will contain the following square feet of sign area : the Warrior logo will contain 50.11 square feet of signage and the Henry Sibley Warriors sign will contain 253.75 square feet of signage. Please see the colored depiction submitted by the sign contractor. BUDGET IMPACT N/A RECOMMENDATION Staff recommends approval of the signs submitted. If Council agrees with staff recommendation it should pass a motion of approval and grant staff the authority to issue the requested permits. P12 APPLICATION FOR SIGN PERMIT City of 05'51 Mendota Heights 1 101 Victoria Curve, Mendota Heights, Minnesota 55118 (651) 452-1850 (651) 452-8940 PERMIT FEE SITE ADDRESS 1897 Delaware Avenue DATE OFAPPLICATION 11-29-11 OWNER (Name) (Address) (Tel. No., Including Area Code) ISD 197 Mark Fortman 1897 Delaware Avenue (651 403-7326 Mendota Heights, MN 55118 WENDBirgegion P/WW. County Rd E #100 Arch. Signage Arden Hills, MN 55112 (Tel.. No.,. Including Area Code) ( 6 5 1) 481-9036 Type of Building School Used As School Building High School Estimated Cost $5950.00 Contractor's City License No. Building Permit No. TYPE OF SIGN gcl WALL 0 ROOF 0 PROJECTING 0 GROUND 0 MARQUEE 0 TEMPORARY 0 OTHER MAX. DIMENSION VERTICAL 6' — 6 " FT. HORIZONTAL 37'-5" FT. SIGN AREA 243-75 SQ. FT. NO. OF SIDES 1 DISTANCE FROM GROUND TO SIGN BASE 8 ' — 0" FT. HEIGHT OF SIGN 14'-6" Fr. SETBACK OF SIGN FROM PROPERTY LINE FT. ILLUMINATED 0 YES gi NO ALLOWABLE SIGN ARE ON PROMISES 223 FT. SKETCH OF SIGN ACKNOWLEDGEMENT AND SIGNATURE: The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Mendota Heights to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances of the City of Mendota Heights, he State of Minnesota, and rulings of the Building Department. SIGNATURE APPROVED 5 sar 0 0 ET 0 (.5" 0 Z cnm -c] 0 0 5 1VAO ddV H LW1Sn0 ru _2-6" P 1 3 VAO ddvaawossn 0 m P14 i P15 APPLICATION FOR SIGN PERMIT City of 4 5,77 Mendota Heights 1101 Victoria Curve, Mendota Heights, Minnesota 55118 (651) 452 -1850 (651) 452 -8940 IF/ 4Q ACKNOWLEDGEMENT AND SIGNATURE: fhe 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 equested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances of the City of Mendota ieights, the State of Minnesota, and rulings of the Building Department. SIGNATURE APPROVED PERMIT FEE $ t/30 - SITE ADDRESS 1897 Delaware Avenue DATE OFAPPLICATION 11 -29 -11 OWNER (Name) (Address) (Tel. No., Including Area Code) ,ISD 197 Mark Fortman 1897 Delaware Avenue (651) 403 -7326 ii Mendota Heights, MN 55118 CONTRACTOR. (Name) , Tress) .e s). (Tel. No., Including Area Code) Fourth Dimension 7 09 W. County Rd E #100 (651) 481 -9036 Arch. Signage Arden Hills, MN 55112 Type of Building School Used As School Building High School Estimated Cost $2800.00 Contractor's City License No. Building Permit No. TYPE OF SIGN ® WALL ❑ ROOF ❑ PROJECTING ❑ GROUND ❑ MARQUEE ❑ TEMPORARY ❑ OTHER VERTICAL 8 ' —6" FT. HORIZONTAL 5'-11" )MAX. DIMENSION 5 0 11 NO. OF SIDES 1 DISTANCE FROM GROUND TO SIGN BASE 8 ' —0 " FT. SIGN AREA . SQ. FT. HEIGHT OF SIGN 14' —6 " FT. SETBACK OF SIGN FROM PROPERTY LINE FT. ILLUMINATED 0 YES US NO ALLOWABLE SIGN ARE ON PROMISES 223 FT SKETCH OF SIGN ACKNOWLEDGEMENT AND SIGNATURE: fhe 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 equested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances of the City of Mendota ieights, the State of Minnesota, and rulings of the Building Department. SIGNATURE APPROVED m cn 0) rn c30) (.0 m 7" 7" co 0 —1 CD cn 0 1VAOJdde 213wolsn0 m 0 2 c 4 F: j , (D D- O 1" • . 0 h. n n z o 3 EV5 5/8" 0 • CO X • tJ1 o x 00 a - Lrt CJI 00 5 5 cal 0 P 1 6 ;p, b m 0 m 0 z w l ID Wd •i= rrn7Itigl.1•l4Y►h m o - c k Co 4 , ,.-_ m- C d ca: W j _ Ql Z to 5. C, V7 ri 2 .j1 n-O_' n o 0, w P17 1101 Victoria Curve 1 Mendota Heights, MN 55118 851,452.1850 phone 651.452,8940 fax wmineridota-heights.com DATE: TO: FROM: SUBJECT: BACKGROUND CITY OF MENDOTA 1---EIGHTS March 6, 2012 Mayor, Council and Administrator Mike Aschenbrener, Chief of Police Adoption of Dakota County All Hazard Mitigation Plan ITEM 5D P18 Keeping our residents safe when disaster strikes is important to all of the Emergency Managers in Dakota County. Ln 2005, we partnered with all of the cities and Dakota County to prepare a plan that would make sure all of the communities would be eligible for FEMA (Federal Emergency Management Agency) funds to mitigate and recover from disaster. This multi-jurisdictional plan is called the Dakota County All- Hazard Mitigation Plan. It was approved in 2006; however, FEMA requires the plan be updated every five years. During 2010 and 2011, we worked with Dakota County staff to update the plan and incorporate the Mendota Heights mitigation strategies. Dakota County has received Plan approval pending adoption from Minnesota Homeland Security and Emergency Management (MN HSEM) and FEMA. According to FEMA rules, cities must formally adopt the Plan within one year of its approval to be covered by the Plan. This is required in order for the County to secure federal Disaster Mitigation Grants for communities in case of a disaster. Without resolutions from our city, federal disaster funds will not be available. The County requests that they are in possession of a signed resolution no later than March 31, 2012. That resolution will be part of what is filed with MN HSEM and FEMA to be considered a participant in the Plan. The final draft of the Plan is posted on the Dakota County web site at www.dakotacounty.us, search mitigation plan. The work on this project does not end with adoption of the Plan. As a method to keep the Plan at the forefront, the implementation of the mitigation strategies outlined in the Plan will be monitored during meetings of the Dakota County Domestic Preparedness Committee JPA. Dakota County Emergency Preparedness Coordinator, David Gisch and BJ Battig, the county Risk and Homeland Security Manager, have coordinated this county wide effort to ensure that we are in compliance in the event of a disaster. See attached resolution for adoption. BUDGET IMPACT Should the city decide not to participate in the Dakota County Plan we would need to complete our own city wide assessment and mitigation strategy for state and federal approval. I would estimate the project at 100 hours of staff time. RECOMMENDATION Adopt the attached resolution "RESOLUTION TO ADOPT THE DAKOTA COUNTY ALL HAZARD MITIGATION PLAN." CITY OF MENDOTA FIFIGHTS P1 9 DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 2012- RESOLUTION TO ADOPT THE DAKOTA COUNTY ALL HAZARD MITIGATION PLAN WHEREAS, the County of Dakota coordinated preparation of an initial multi- jurisdiction all- hazard mitigation planning process as established under the Disaster Mitigation Act of 2000; and WHEREAS, Dakota County and cities within the County participated in drafting the initial plan which was approved and adopted in 2006; and WHEREAS, federal law requires the plan be updated every five years, and WHEREAS, the Act requires public involvement and local coordination among local units of government as part of the planning process; and WHEREAS, the plan must include descriptions of land uses and development trends, risk assessment including past hazards, hazards that threaten the county, maps of hazards, and estimates of structures at risk; and WHEREAS, the plan must include a mitigation strategy including goals and objectives and an action plan identifying specific mitigation projects and costs, in addition to/ ti a maintenance or implementation process including plan updates, integration of the plan into other planning documents, and public education components; and WHEREAS, approval of the all hazard mitigation plan update will continue the County's and participating community's eligibility to receive federal disaster relief and mitigation program project grants; and WHEREAS, Dakota County and participating communities have one year to adopt the Plan once the Plan is approved by FEMA; and WHEREAS, HSEM and FEMA have approved the Plan pending adoption. WHEREAS, the City of Mendota Heights participated in the planning process to update the plan and developed mitigation strategies that are included in the plan. NOW THEREFORE BE IT RESOLVED, that the City of Mendota Heights hereby adopts the Dakota County All Hazard Mitigation Plan that has been approved pending adoption by HSEM and FEMA and authorizes submittal of the resolution of adoption to Dakota County for submission to HSEM. Adopted by the City Council of the City of Mendota Heights this sixth day of March 2012. CITY COUNCIL CITY OF MENDOTA HEIGHTS By Sandra Krebsbach, Mayor ATTEST: By Sandie Thone, City Clerk ITEM 5E P20 1101 Victoria Curve 1 Mendota Heights, MN 55118 651A52,1850 phone 1 651.4524940 fax t:w an ndota- heights.ccm DATE: TO: FROM: SUBJECT: CITY OF MENDDTA HEIGHTS March 6, 2012 Mayor, City Council and City Administrator Jake Sedlacek, Assistant to the City Administrator Parks and Recreation Contracts 2012 BACKGROUND The City of Mendota Heights offers summer field trips for youth in partnership with the cities of West St. Paul and South St. Paul. Each community takes a lead role in organizing two trips, taking on costs and billing the other conununities for their participation. This summer the City of Mendota Heights is coordinating two trips — Crystal Caves on June 14, 2012 and Target Field Tour and Sky Zone on June 29, 2012. Participant fees will be set to cover the costs of admission and transportation to the event. For the Parks Celebration, staff is coordinating with the following vendors for activities at Mendakota Park on June 2, 2012. • The Splatter Sisters — live music $650 • Halls of Magic — magician $395 • Funtastic Party Rentals — inflatable bouncers $160 ® Walton's Hollow — petting zoo $1,230 Teresa Gangelhoff is also interested in contracting with the Eagan Puppet Wagon for performances at Market Square Park this summer, similar to the arrangement for 2011. • Eagan Puppet Wagon — seven weeks $1,125 Our tennis program is held at the tennis courts at Visitation School — there is no cost for this use, but the school does require a contract be signed for the program. Staff has also coordinated with the following vendors for perfomrrances in the parks: • The Fugawe Tribe — Market Square Park, Friday, June 1, 2012 $250 ® The Teddy Bear Band — 1897 Delaware Ave, Wednesday, June 13, 2012 $400 • Sea Life Aquarium, Rogers Lake Park, Wednesday, June 27, 2012 $181 • Remember When — Market Square Park, Wednesday, August 1, 2012 $450 Staff is seeking authorization to execute contracts for these surnrner recreation activities. P21 BUDGET IMPACT All contract expenses are included in the 2012 City of Mendota Heights Budget. RECOMMENDATION Staff recommends moving ahead with contracts for services as described in this memorandum. If city council wishes to implement the recommendation, pass a motion authorizing staff to execute contracts for summer recreation programs. This action requires a simple majority vote. ITEM 5F P22 1101 Victoria Curve I Mendota Heights, MN 55118 6551,4523850 phone 1 651.452,8940 fax weii.v.mcndota- heights.cem CITY OF MENDOTA HEIGHTS DATE: March 6, 2012 TO: Mayor, City Council, and City Administrator FROM: John R. Mazzitello, PE, PMP, Public Works Director /City Enginee SUBJECT: Traffic Safety Committee Meeting Notes and Recommendations. BACKGROUND The Traffic Safety Committee (TSC) was formed by the City Council as an advisory Committee to the Council. The TSC serves as a mechanism for technical review and evaluation of traffic requests brought forward from area residents. The TSC meets periodically throughout the year (typically quarterly) and makes recommendations to the City Council on actions to address the requests. The traffic Safety Committee (TSC) met on February 21, 2012 to discuss three new traffic issues brought to City Staff by concerned parties. In attendance were Police Chief Aschenbrener, Fire Chief Maczko, Public Works Director /City Engineer Mazzitello, and Planning Commissioner Field. Public Works Superintendent Olund and Council Member Vitelli were not present. A summary of these issues and TSC recommendations are summarized below. 1. Request to change Yield Sign to a 4 -Way Stop Sign at the — Requested by Ms. Melissa Brown of 1640 Jaynes Road via e -mail through City web page. Issue: "I need information about how to petition to get a 4 way stop installed in our neighborhood. The intersection is at James Road and Douglas Road. It is a blind turn and many children have been pulled out of the way of a car coming around the yielded street. The immediate danger is that when heading up Douglas from Victoria) the Yield sign (on the right hand side) right before the intersection of Douglas and James is completely hidden by pine trees. Those trees need to be cut ASAP. Further, nobody ever slows down at that corner. People fly around the corner taking a right onto Jaynes. Within feet of that turn there is a driveway that is to the home of a family with 4 young children. Many times I have pulled children back from the side of the road, because of the speed and lack of concern of oncoming cars. Honestly, the yield sign may improve things, but not solve the problem.... People really disregard that sign and just come flying around that corner. I've lived here since 2007 and it has always been something that has been dangerous -particularly because the first driveways come up so fast as you take the turn." — Quote directly from requestor's e- mails. Analysis: Public Works staff has already cut back the tree at the intersection that was blocking visibility of the existing Yield sign. The Police Department took photographs to show sight distance while approaching the intersection and sight distance to the existing P23 Yield sign is an issue. The requestor and several members of a local Brownie Troop presented a neighborhood petition supporting replacing the Yield signs with Stop signs. TSC believes this may not solve the problem if sight distance is the real issue. Recommendation: TSC recommends the following actions: 1. Public Works to trim trees along right -of -way approaching the intersection to improve sight distance 2. Engineering Department to compare the designed stopping distance at speed limit to sight distance to intersection — sign augmentation may result 3. Police to provide targeted enforcement and observation at intersection 4. Utilize newly acquired speed card for traffic monitoring 5. Revisit discoveries at next TSC meeting 2. Request for pedestrian safety and/or speed control signage on Sylvandale Road — Requested by Ms. Alexandra Polo of 699 Sylvandale Court via e -mail through Mayor Krebsbach. Issue: "I moved to the USA 12 years ago, because my husband training at the Mayo Clinic. We moved to Mendota Heights about 3 years ago and miss very much the sidewalks. I would say that the solution for it would be to trace a line on the wide streets we have and make the car street smaller, and have a sidewalk. Just doing so, we would force cars to drive slower (which is a big issue here) and the pedestrian would have a save walk, including kids. I think this is a very inexpensive solution, which would make our neighborhood so much better. I notice the difference moving from Highland Park to Mendota. I actually got a bit depress because I did not see anybody outside, very different than many other cities I have lived in. I strongly think that a walk a day makes us all much better persons and healthy too." — Quoted directly from requestor's e -mail. Analysis: TSC does not believe installation of sidewalks in this neighborhood is a viable option. TSC also discussed striping a "pedestrian lane" along Sylvandale Road, but believes this would put pedestrians in conflict with on- street parking if parking were not prohibited. TSC cannot recommend restricting parking in this neighborhood. If the issue is speed of traffic versus pedestrians, TSC believes analysis of this issue should be undertaken. Recommendation: TSC recommends the following actions: 1. Monitoring traffic (counts and speed) by utilizing the newly acquired speed cart on a rotational basis with other sites in the City 2. Engineering to check sight distances through curves and hills 3. Revisit at the next TSC meeting 3. Prohibition of left turns from eastbound Lake Drive to northbound Dodd Road and from northbound Dodd Road to westbound Lake Drive. — Requested by Mayor Krebsbach in response to concerns raised by Ellan Welniak of 2371 Dodd Road. Issue: Resident's original issue was due to activities at Saint Thomas Academy and Visitation School. At a meeting on November 10th (attended by the residents, Mayor Krebsbach, Interim Administrator Mazzitello, and representatives from both schools) the school traffic issue along Lake Drive carne up again. The group asked if these turning P24 movements could be prohibited as a safety measure and to discourage Saint Thomas traffic from utilizing Lake Drive. After the meeting, staff contacted MnDOT (who regulates the intersection) to ask about the turning movement prohibition. MnDOT responded that they do not support the turning movement restriction, but would support an intersection reconstruction project for safety improvements if the City wanted to pay for it. Analysis: MnDOT has authority over the intersection as Dodd Road is a State Trunk Highway. They are unwilling to support restricting the left turn movements due to a lack of accident history. MnDOT will, however, support an intersection reconstruction project that would add a lane to Dodd Road (effectively creating a left-turn lane from northbound Dodd to westbound Lake) and to re -grade Dodd Road south of Lake Drive to improve sight distance. Support for this type of project is predicated on the City funding the project. Rough, preliminary estimates show this type of project would cost a minimum of $400,000. Recommendation: TSC recommends that City Council not pursue a reconstruction project due to the project cost, and the lack of an accident history at the intersection. BUDGET IMPACT If the Council choses to move forward with the TSC recommendations, the only costs would be the staff time necessary to research the recommended items listed above. In addition, if the tree trimming on Douglas Road (see item 1) were to be accomplished via contract, staff is estimating a cost of $500 - $700. This cost would be part of our tree - removal budgeted line item out of the Streets Department, which has close to $7,000 available. RECOMMENDATION Staff and the TSC recommend Council approve the recommended actions listed above for the three items discussed at the February 21, 2012 TSC meeting. This action can be taken with all three recommendations combined, or with each request's recommendations moved upon individually. A simple majority vote is required for recommendation approval. DATE 03/01/2012 TO: Mayor, City Council and City Administrator FROM: Paul R. Berg, Code Enforcement Officer tog 6, SUBJECT: Building Activity Report February 2012 Current Month-2012 February Building No. Valuation Fee Collected Permits SFD 704,000.00 $ 6,514.26 Building Permits SFD Year to Date 2012 January No. Valuation Fee Collected 1 $704,000.00 $6,514.26 Buildin• Permits SFD Year to Date 2011 February No. Valuation Fee Collected APT APT $ APT $ Townhouse Townhouse $ $ Townhouse $ Condo $ Condo $ Condo $ $ Misc. 23 504,264.00 7,741.95 Misc. 41 $ 781,171.00 $ 11,668.86 Misc. 35 $ 314,865.00 7,241.02 CII 9 $ 1,974,071.00 $ 16,743.08 C/I 19 $ 2,440,183.00 23,384.89 C/I 19 343,688.00 6,445.70 Sub Total: 33 3,182,335.00 $30,999.29 Sub Total: 61 $3,925,354.00 $41,568.01 Sub Total: 54 658,553.00 13,686.72 Current Month-2012 February Trade Year to Date 2012 January Year to Date 2011 February Permits No. Valuation Fee Collected Plumbing 15 1,744.00 Trade Permits Plumbing No. Valuation Fee Collected 23 2,014.00 Water Water Sewer 1 $ 25.00 Sewer $25.00 Heat, AC & Gas 22 $ 5,843.00 Heat, AC & Gas 39 $ 10,960.00 Sub Total: 38 7,612.00 Sub Total: 63 12,999.00 Trade Permits N. Plumbing Water Sewer Heat, AC & Gas Sub Total: 1 Valuation 19 $ 1,714.00 2$ $ 50.00 32 53 $ 1,761.00 3,525.00 Current Month-2012 February Licenses Contractor Licenses No. Valuation 17 Fee Collected 850.00 Year to Date 2012 January Licenses Contractor Licenses No. 158 $ Valuation j Fee Collected 7,900.00 Licenses Contractor Licenses Year to Date 2011 February No. Valuation Fee Collected 151 7,550.00 TOTAL 88 $ 3,182,335.00 $ 39,461.29 TOTAL 1 2821 $3,925,354.00 $62,467.01 TOTAL 1 258 $ 658,553.00 $ 24,761.72 NOTE: All fee amounts exclude SAC, WAC, and State Surcharge. Amounts shown will reflect only permit, plan check fee, and valuation amounts. ( ITEM 5G P25 Bull din Permits Year to Date 2010 February No. Valuation Fee Collected SFD $ $ APT $ Townhouse $ Condo Misc. 27 506,688.00 8,155.41 C/I 16 253,394.00 5,164.59 Sub Total: 43 $760,082.00 $13,320.00 Year to Date 2010 February Trade Permits Plumbing No. Valuation Fee Collected 25 $ 1,134.00 Water Sewer 1 25.00 Heat, AC & Gas 31 $ 1,829.00 Sub Total: 57 2,988.00 Year to Date 2010 February Licenses Contractor Licenses No. Valuation Fee Collected 168 8,400.00 TOTAL J 268 $760,082.00 1 $24,708.00 ITEM 5H P26 1101 Victor;a Curie Vendota Pe■ghts. 55118 6514521850 phone ; 651 i,52.8940 fa): 1. :4 WWW. inendot - i hts .corn CITY OF MENDOTA, HEIGHTS DATE: March 6, 2012 TO: Mayor, City Council and City Administrator FROM: Tamara Schutta, HR Coordinator SUBJECT: Approval to Begin the Hiring and Recruitment Process for Par 3 2012 Seasonal Employees BACKGROUND Staff is requesting council approval to begin the hiring and recruitment process for the Mendota Heights spring/summer 2012 Par 3 staff. Par 3: Staff is requesting approval to send out re-hire packets, post and recruit for the positions of Position Clubhouse Manager Clubhouse Workers Golf Instructors Golf Course Jr. Ranger Total number of Seasonal Employees 1 8 6 1 Pay Range $15.50 — 16.25 per hour $8.25 - $9.00 per hour $22.00 - $22.75 per hour $9.75 - $10.50 per hour Staff is still investigating alternative staffing options for all aspects of Par 3 operations and management for 2012, but in order to ensure a timely opening this spring, we need to receive council approval to begin the recruit process. As always, final hiring recommendations will be brought to the city council at a future meeting for approval. BUDGET IMPACT As noted above. 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 seasonal positions. If council concurs in the recorninendation, 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. ITEM 51 P27 2012 Licensing for &.��u «�r� ���� C««X^ Council Type Contractor Name Gas Piping K B Mechanical, Inc Peltier Plumbing UhI Company. Inc General Jaeger Construction, LLC JLSchwieters Construction Company Opus Design Bui|d.LL[ HVAC Aabbott Ferraro Heating Home Energy Center KuUa Heating & Air, Inc Titan Heating & Cooling Uhl Company, Inc Page 1 of 1 ITEM 5J P28 1101 Victoria Curve 1 Mendota Heights, MN 55118 6514521850 phone 1 651.452,8940 fax www.mendota-heights.com DATE: TO: FROM: SUBJECT: CITY OF MENDOTA HEIGHTS March 6, 2012 Mayor and City Council Kristen Schabacker, Finance Director Claims List Sununary BACKGROUND Significant Claims CADD/Engineering Supply — Engineering Scanner/Plotter City of St. Paul — Delaware/Roundabout Construction Costs Unusual Claims Allegra Print & Imaging — Newsletter Costs Dell Marketing — Computer Supplies US Bank — Registrations/Lodging/Supplies $ 8,507.38 $ 7,640.29 $ 5,734.52 $ 2,884.24 $ 2,327.25 Manual Checks Total $ 5,577.45 System Checks Total $ 83,617.30 Total for the list of claims for the March 6, 2012 city council meeting $ 89,194.75 RECOMMENDATION: Approval of the list of claims for March 6, 2012. Account CITY OF MENDOTA HEIGHTS Comments Claims List Manual Checks 2/29/12MAN DEPT Descr Amount 03/01/12 9:5011+,29 Page 1 Search Name AFFINITY PLUS G 01 -2073 Search Name BJERGO, SETH G 01 -2035 R 01 -3307 Search Name BJERGO, SETH Search Name FORSBERG, JON G 01 -1145 03/02/2012 PAYROLL SOFTBALL REFUND SOFTBALL REFUND OFF DUTY WORK Search Name I C M A RETIREMENT 457 G 01 -2072 02/17/2012 PAYROLL Search Name MENDOTA HEIGHTS, CITY OF G 01 -1021 REPLENISH PETTY CASH Search Name NATIONWIDE RETIREMENT SOLUTION G 01 -2072 02/17/2012 PAYROLL Search Name UNITED WAY OF ST. PAUL G 01 -2070 02/17/2012 PAYROLL Search Name US BANK E 01- 4223 - 020 -20 Search Name XCEL ENERGY E 45- 4211 - 046-45 E 45 -4212- 046 -45 E 45- 4211 - 047 -45 E 01 -4211- 320 -70 E 01 -4212- 320 -70 Search Name XCEL ENERGY MAR 2012 DCC PAYMENT GAS /ELECTRIC UTILITIES GAS /ELECTRIC UTILITIES GAS /ELECTRIC UTILITIES GAS /ELECTRIC UTILITIES GAS /ELECTRIC UTILITIES Police Golf Course Golf Course Golf Course Parks & Recreation Parks & Recreation $1,040.00 $44.89 $630.11 $675.00 $201.96 $463.29 $490.61 $650.00 $53.00 $1,816.67 $25.85 $66.49 $8.50 $24.87 $61.21 $186.92 $5,577.45 Account CITY OF MENDOTA HEIGHTS Comments Claims List System Checks 030612PAY DEPT Descr Amount 03/01/12 9:41FAS1O Page 1 Search Name ALLEGRA PRINT & IMAGING E 01 -4300- 050 -50 E 01- 4268 - 650 -10 E 01- 4268 - 650 -70 E 15- 4268- 650 -60 E 45- 4268 - 650-45 E 01- 4268 - 650 -85 E 21- 4268- 650 -00 BUSINESS CARDS - T. OLUND NEWSLETTER COSTS NEWSLETTER COSTS NEWSLETTER COSTS NEWSLETTER COSTS NEWSLETTER COSTS NEWSLETTER COSTS Search Name ALLEGRA PRINT & IMAGING Road & Bridges Administration Parks & Recreation Utility Enterprise Golf Course Recycling Spec Fds Search Name ASSURANT EMPLOYEE BENEFITS E 01- 4132 - 031 -30 MARCH LT DISABILITY PREMI Fire Search Name BATTERIES PLUS E 15- 4330 - 490 -60 E 01- 4305 - 020 -20 E 01- 4330 - 490 -50 E 01- 4330 - 490 -70 Search Name BATTERIES PLUS EQUIPMENT REPAIR BATTERIES - POLICE EQUIPMENT REPAIR EQUIPMENT REPAIR Utility Enterprise Police Road & Bridges Parks & Recreation Search Name BERTELSON TOTAL OFFICE SOLUTNS E 01- 4300 - 110 -10 OFFICE SUPPLIES - ADMIN Administration Search Name C. DARLENE OEHLKE, CAP E 01- 4220 - 110 -10 2/21/12 COUNCIL MINUTES Administration Search Name CADD /ENGINEERING SUPPLY, INC. E 05- 4300 - 105 -15 ENGR SCANNER/PLOTTER S E 05- 4600 - 105 -15 ENGR SCANNER/PLOTTER Search Name CADD /ENGINEERING SUPPLY, INC. Engineering Enterprise Engineering Enterprise Search Name CDW GOVERNMENT, INC E 01- 4301 - 114 -14 SECURITY SOFTWARE Info Tech Search Name CENTURY LINK E 45- 4210 - 045-45 FEB /MARCH SERVICE Golf Course Search Name CHADER BUSINESS EQUIPMENT, INC E 01- 4331 - 020 -20 RECORDING EQUIPMENT - P Police Search Name CRAGUN'S E 01 -4400- 070 -70 CONF LODGING DEPOSIT - G Parks & Recreation Search Name DAKOTA COMMUNICATIONS CENTER E 01- 4275 - 020 -20 MARCH DCC FEE E 01- 4275 - 030 -30 MARCH DCC FEE Search Name DAKOTA COMMUNICATIONS CENTER Police Fire $58.10 $2,879.58 $1,489.44 $330.99 $198.59 $231.69 $546.13 $5,734.52 $185.00 $21.18 $40.37 $21.18 $21.18 $103.91 $52.83 $88.40 $603.97 $7,903.41 $8,507.38 $933.30 $52.46 $1,225.86 $127.18 $14,520.75 $764.25 $15,285.00 Account CITY OF MENDOTA HEIGHTS Comments Claims List System Checks 030612PAY DEPT Descr Amount 03/01/12 9:411711 Page 2 Search Name DAKOTA COUNTY RECORDER E 01- 4220 - 080 -80 JANUARY ABSTRACT FEES Planning Search Name DAKOTA COUNTY TREASURER G 01 -2010 4TH QTR 2011 UTILITIES Search Name DELL MARKETING L.P. E 01- 4480 - 110 -10 COMPUTER SUPPLIES Search Name DELTA DENTAL E 15 -4131- 060 -60 E 01 -4131- 050 -50 E 01- 4131 - 020 -20 G 01 -2074 G 01 -2071 E 01- 4131 - 110 -10 E 01- 4131 - 070 -70 E 08 -4131- 000 -00 E 05 -4131- 105 -15 Search Name DELTA DENTAL MARCH DENTAL PREMIUM MARCH DENTAL PREMIUM MARCH DENTAL PREMIUM MARCH DENTAL PREMIUM MARCH DENTAL PREMIUM MARCH DENTAL PREMIUM MARCH DENTAL PREMIUM MARCH DENTAL PREMIUM MARCH DENTAL PREMIUM Administration Utility Enterprise Road & Bridges Police Administration Parks & Recreation Spec Fds Engineering Enterprise Search Name ELECTRO WATCHMAN E 08- 4335 - 000 -00 QUARTERLY CHARGES - CIT Spec Fds E 15- 4210 - 060 -60 QUARTERLY CHARGES - UTIL Utility Enterprise Search Name ELECTRO WATCHMAN Search Name EMERGENCY AUTOMOTIVE TECHNOLOG E 01 -4330- 440 -20 EQUIPMENT REPAIR - POLIC Police Search Name EVEREST EMERGENCY VEHICLES INC E 01- 4330 - 440 -20 EQUIPMENT REPAIR - POLIC Police Search Name FACTORY MOTOR PARTS G 01 -1210 EQUIPMENT REPAIR - STREE E 01- 4330 - 490 -50 CORE RETURN E 01- 4330 - 490 -50 CORE RETURN E 01- 4330 - 440 -20 EQUIPMENT REPAIR - POLIC Search Name FACTORY MOTOR PARTS Search Name FLEET SERVICES E 01- 4200 - 610 -20 JANUARY SQUAD LEASES Search Name G &K SERVICES E 15 -4335- 310 -60 E 01 -4335- 310 -50 E 01- 4335 - 310 -70 Search Name G &K SERVICES Search Name GOLDCOM PW GARAGE FLOOR MATS PW GARAGE FLOOR MATS PW GARAGE FLOOR MATS Road & Bridges Road & Bridges Police Police Utility Enterprise Road & Bridges Parks & Recreation $46.00 $243.04 $2,884.24 $101.45 $343.20 $522.35 $77.70 $1,474.25 $241.75 $280.60 $38.85 $77.70 $3,157.85 $272.54 $529.02 $801.56 $63.56 $16.03 $89.78 - $30.00 - $60.00 $55.61 $55.39 $4,713.24 $33.63 $33.64 $33.64 $100.91 Account CITY OF MENDOTA HEIGHTS Comments Claims List System Checks 030612PAY DEPT Descr Amount 03/01/12 9:41111312 Page 3 E 01 -4330- 490 -10 RECORDS MGMT SUPPLIES Administration Search Name GRAYBAR ELECTRIC E 28- 4330 - 000 -00 STREET LIGHT REPAIR Search Name HARTFORD LIFE E 01 -4131- 050 -50 E 01- 4131- 020 -20 G 01 -2071 E 15 -4131- 060 -60 E 08 -4131- 000 -00 E 05 -4131- 105 -15 E 01- 4131 - 070 -70 E 01- 4131 - 050 -50 G 01 -2071 E 15 -4131- 060 -60 E 08- 4131 - 000 -00 E 01 -4131- 110 -10 E 01 -4131- 070 -70 E 01- 4131 - 110 -10 E 01 -4131- 020 -20 E 05 -4131- 105 -15 Search Name HARTFORD LIFE FEB /MARCH LT DISABILITY P FEB /MARCH LT DISABILITY P FEB /MARCH LT DISABILITY P FEB /MARCH LT DISABILITY P FEB /MARCH LT DISABILITY P FEB /MARCH LT DISABILITY P FEB /MARCH LT DISABILITY P FEB /MARCH LT DISABILITY P FEB /MARCH LT DISABILITY P FEB /MARCH LT DISABILITY P FEB /MARCH LT DISABILITY P FEB /MARCH LT DISABILITY P FEB /MARCH LT DISABILITY P FEB /MARCH LT DISABILITY P FEB /MARCH LT DISABILITY P FEB /MARCH LT DISABILITY P Spec Fds Road & Bridges Police Utility Enterprise Spec Fds Engineering Enterprise Parks & Recreation Road & Bridges Utility Enterprise Spec Fds Administration Parks & Recreation Administration Police Engineering Enterprise Search Name HEINES FLOOR COVERING INC E 08- 4335 - 000 -00 CARPETING PROJECT SUPPL Spec Fds Search Name I A F C E 01- 4404 - 030 -30 Search Name INSPECTRON INC G 01 -2010 Search Name INTEGRA TELECOM E 01- 4210 - 020 -20 E 15 -4210- 060 -60 E 01- 4210- 070 -70 E 01- 4210 - 050 -50 E 01- 4210 - 020 -20 E 05- 4210 - 105 -15 E 01 -4210- 110 -10 E 01- 4210 - 040 -40 Search Name INTEGRA TELECOM Search Name KNOX, JAMES E 01- 4490 - 020 -20 Search Name G 01 -2075 ELS 2012 MEMBERSHIP DUES SEPT -NOV 2011 INSPECTION FEB /MARCH SERVICE FEB /MARCH SERVICE FEB /MARCH SERVICE FEB /MARCH SERVICE FEB /MARCH SERVICE FEB /MARCH SERVICE FEB /MARCH SERVICE FEB /MARCH SERVICE Fire Police Utility Enterprise Parks & Recreation Road & Bridges Police Engineering Enterprise Administration Code Enforcement/Inspe PRESIDENT SERVICE AWARD Police $457.80 $40.21 $379.09 $762.64 $684.13 $25.02 $86.99 $121.05 $339.17 $554.13 $372.03 $17.14 $83.65 $321.25 $234.09 $446.36 $511.16 $72.71 $5,010.61 $250.00 $204.00 $1,075.00 $306.28 $269.84 $46.93 $46.93 $144.29 $191.43 $382.86 $76.57 $1,465.13 $50.50 MARCH UNION DUES $546.00 Account CITY OF MENDOTA HEIGHTS Comments Claims List System Checks 030612PAY DEPT Descr Amount 03/01/12 9:4113 Page 4 Search Name L M C I T1 G 01 -2010 Search Name LAWSON E 01- 4330 - 490 -50 E 15- 4330 - 490 -60 E 01- 4330 - 490 -70 E 01- 4330 - 490 -70 E 15- 4330 - 490 -60 E 01- 4330 - 490 -50 INSURANCE CLAIM PRODUCTS, INC EQUIPMENT REPAIR EQUIPMENT REPAIR EQUIPMENT REPAIR EQUIPMENT REPAIR EQUIPMENT REPAIR EQUIPMENT REPAIR Search Name LAWSON PRODUCTS, INC Search Name LEAGUE MN CITIES G 01 -2010 G 15 -2010 G 01 -2010 Search Name LEAGUE MN CITIES Search Name LEE, JAMES E 01- 4268 - 150 -30 Search Name LOGIS E 01- 4223 - 020 -20 E 01- 4223 - 020 -20 E 01- 4301 - 030 -30 E 01- 4223 - 020 -20 Search Name LOGIS Search Name LOWES E 01- 4305 - 070 -70 Search Name MENARDS E 08- 4335 - 000 -00 E 15- 4335 - 310 -60 E 01- 4335 - 310 -70 E 01- 4335 - 310 -50 E 01- 4305 - 050 -50 E 15 -4335- 310 -60 E 01 -4335- 310 -70 E 01- 4335 - 310 -50 E 08- 4335 - 000 -00 Search Name MENARDS 3RD QTR 2011 SAFETY TRAIN 3RD QTR 2011 SAFETY TRAIN REGIONAL MEETING - SEDLA FEBRUARY SERVICE Road & Bridges. Utility Enterprise Parks & Recreation Parks & Recreation Utility Enterprise Road & Bridges Fire WEBSENSE - POLICE Police APPLICATION SUPPORT - PO Police APPLICATION SUPPORT - FIR Fire SYSTEM DEVELOPMENT - PO Police OPERATING SUPPLIES - PAR Parks & Recreation CITY HALL SUPPLIES BLDG MAINTENANCE SUPPLI BLDG MAINTENANCE SUPPLI BLDG MAINTENANCE SUPPLI OPERATING SUPPLIES - STR BLDG MAINTENANCE SUPPLI BLDG MAINTENANCE SUPPLI BLDG MAINTENANCE SUPPLI CITY HALL SUPPLIES Spec Fds Utility Enterprise Parks & Recreation Road & Bridges Road & Bridges Utility Enterprise Parks & Recreation Road & Bridges Spec Fds Search Name METRO SALES E 01- 4330 - 440 -20 QTRLY COPIER MAINTENANC Police Search Name MID NORTHERN ELECTRIC E 01- 4330 - 440 -20 POLICE DEPT WORK E 08- 4335 - 000 -00 CITY HALL WORK E 07- 4330 - 000 -00 POLICE DEPT WORK Police Spec Fds Spec Fds $430.73 $4.03 $62.13 $62.13 $4.02 $4.02 $62.13 $198.46 $450.00 $150.00 $40.00 $640.00 $1,768.50 $630.28. $1,989.00 $53.00 $1,420.00 $4,092.28 $50.86 $13.99 $15.96 $15.97 $15.97 $59.71 $25.49 $25.49 $25.50 $17.06 $215.14 $454.57 $784.00 $475.52 $195.49 Account CITY OF MENDOTA HEIGHTS Comments Claims List System Checks 030612PAY DEPT Descr Amount 03/01 /12 9:41pg4 Page 5 Search Name MID NORTHERN ELECTRIC Search Name MID NORTHERN SERVICES E 28- 4330 - 000 -00 E 08- 4335- 000 -00 E 15- 4335 - 310 -60 E 01- 4335 - 310 -50 E 28- 4330 - 000 -00 E 28 -4330- 000 -00 E 28- 4330 - 000 -00 E 15 -4335- 310 -60 E 01- 4335 - 310 -70 E 01- 4335 - 310 -50 E 01- 4335 - 310 -70 STREET LIGHT REPAIR CITY HALL LIGHTING REPAIR PW LIGHTING REPAIR PW LIGHTING REPAIR STREET LIGHT REPAIR STREET LIGHT REPAIR STREET LIGHT REPAIR PW LIGHTING REPAIR PW LIGHTING REPAIR PW LIGHTING REPAIR PW LIGHTING REPAIR Search Name MID NORTHERN SERVICES Search Name MITCHELLI E 01- 4300 - 040 -40 Search Name MN BENEFIT ASSN E 01- 4131 - 050 -50 G 01 -2071 G 01 -2073 Search Name MN BENEFIT ASSN Spec Fds Spec Fds Utility Enterprise Road & Bridges Spec Fds Spec Fds Spec Fds Utility Enterprise Parks & Recreation Road & Bridges Parks & Recreation MARCH SHOPKEY SERVICE Code Enforcement/Inspe MARCH PREMIUM MARCH PREMIUM MARCH PREMIUM Road & Bridges Search Name MN CHIEFS OF POLICE ASSN E 01- 4400 - 020 -20 CONF REGISTRATION - CONV Police E 01- 4400 - 020 -20 CONF REGISTRATION - GARL Police E 01 -4400- 020 -20 CONF REGISTRATION - ASCH Police Search Name MN CHIEFS OF POLICE ASSN Search Name MN DEPT OF LABOR & INDUSTRY E 08 -4335- 000 -00 ANNUAL ELEVATOR LICENSE Spec Fds Search Name NCPERS GROUP LIFE INS. 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SVC. G 01 -2010 NOV 22 PLANNING MINUTES Search Name TWIN CITY CONTAINER E 01 -4330- 215 -70 PARKS MAINTENANCE SUPP Parks & Recreation Search Name TWIN CITY TELEPHONE E 08- 4335 - 000 -00 TELEPHONE WORK - CARPET Spec Fds Search Name U. S. BANK E 01- 4400 - 110 -10 E 01- 4400 - 030 -30 E 01 -4400- 030 -30 E 01- 4400 - 030 -30 E 01 -4435- 200 -70 E 01- 4400 - 020 -20 E 01 -4400- 110 -10 E 01 -4400- 030 -30 E 01 -4400- 030 -30 E 01- 4301 - 114 -14 E 23- 4490 - 000 -00 Search Name U. S. BANK Search Name UHL COMPANY R 01 -3253 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 E 01 -4410- 020 -20 E 01- 4410- 020 -20 E 01 -4410- 020 -20 Search Name UNIFORMS UNLIMITED TRAINING - ADMIN CONF REGISTRATION - FIRE CONF LODGING - FIRE CONF REGISTRATION - FIRE PARK PROGRAM SUPPLIES CONF LODGING - POLICE CONF REGISTRATION - ADMI CONF LODGING - FIRE CONF REGISTRATION - LEE COMPUTER EQUIPMENT WIRELESS ACCESS SUPPLIE PERMIT #9034 REFUND UNIFORMS - ASCHENBRENE UNIFOMRS - ASCHENBRENE UNIFOMRS - CONVERY UNIFORMS - REYES RETURN UNIFORMS - MEYER UNIFORMS - MEYER UNIFORMS - REYES Administration Fire Fire Fire Parks & Recreation Police Administration Fire Fire Info Tech Spec Fds Police Police Police Police Police Police Police Police Search Name UNLIMITED SUPPLIES INC E 01- 4305 - 050 -50 OPERATING SUPPLIES - STR Road & Bridges $410.87 $137.50 $244.21 $177.50 $80.00 $500.00 $270.72 $500.00 $18.00 $154.52 $255.00 $172.94 $250.00 $85.69 $40.38. $2,327.25 $5.00 $13.36 $245.97 $75.86 $17.50 - $10.15 $97.50 $97.78 $364.41 $902.23 $124.85 $83,617.30 ITEM 7A P37 1101 Victoria Curve 1 Mendota Heights, MN 55118 651452.1850 phone 1 651.452,8940 fax w:rw.mendota -heigl ts.com CITY OF mtvz t 'aa MENDOTA HEIGHTS DATE: February 21, 2012 TO: ' Mayor, City Council and City Administrator FROM: Jake Sedlacek, Assistant to the City Adrinistrato c\ SUBJECT: Planning Case 2012 -05, Variance to the Front Yard Setback BACKGROUND A planning application was presented to the planning commission on February 28, 2012 for a four foot variance to the front yard setback at 2225 Apache Street. The affected parcel is zoned residential, guided for low density residential and is used as a single family home. The planning application was deemed complete February 6, 2012. The 60 day review period is set to expire on April 6, 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 for a variance to the front yard setback, noting that the lot is smaller than code standard which limits possibilities for expansion. The applicant described the proposed addition as the only feasible location for a dining room, as others would require significant remodeling of the home. The applicant verified for the conunission that all alternatives had been considered, and stated that the proposed addition would be consistent with the character of the neighborhood. There were no corn vents at the public hearing. BUDGET IMPACT N/A RECOMMENDATION At their February 28, 2012 meeting, the planning commission voted 6:0 to recommend approval of the variance as requested. If city council wishes to implement this recommendation, pass a motion adopting the attached resolution, A RESOLUTION APPROVING A FOUR FOOT VARIANCE TO THE FRONT YARD SETBACK AT 2225 APACHE STREET, making any changes the city council deems necessary. This action requires a simple majority vote. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2012- A RESOLUTION APPROVING A FOUR FOOT VARIANCE TO THE FRONT YARD SETBACK AT 2225 APACHE STREET WHEREAS, Sheila and Aboud Hilo have applied for a four foot variance to the front yard setback at 2225 Apache Street (Lot 7, Block 7 Friendly Hills Re- Arrangement, PID 27- 27800 -07 -070) as proposed in planning case 2012 -05; and WHEREAS, the Mendota Heights Planning Conunission held a public hearing on this application at their regular meeting on February 28, 2012; and WHEREAS, the coirunission recommended that the city council approve the variance as requested in planning case 2012 -05; and NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council that the variance as proposed in planning case 2012 -05 is hereby approved with the following findings of fact: 1. The addition is for a dining room that would be necessary to accommodate dining near the home's kitchen in the front of the structure. 2. The addition for a dining room cannot be accomplished without the requested four foot encroachment into the front yard setback, a total of 40 square feet. 3. The request is for dining space that would be common for most single family homes in the connnunity. 4. The proposed addition is reasonable to accomplish the objective for dining room space. 5. The proposed addition is similar in nature to others in the area, and is architecturally compatible with both the existing home and neighboring structures. 6. The parcel is just over 11,000 square feet in area, below the city's regular single family lot size standard, and is otherwise limited in space for expansion. Adopted by the City Council of the City of Mendota Heights this sixth day of March 2012. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST Sandie Thone, City Clerk P38 P39 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com MEMORANDUM TO: FROM: DATE: MEETING DATE: SUBJECT: CASE NO: APPLICANT(S): LOCATION: ZONING: GUIDE PLAN: Mendota Heights Planning Commission Stephen W. Grittman February 23, 2012 February 28, 2012 Variance for Front Yard Setback Case No. 2012 - 05; NAC Case 254.04 — 12.04 Aboud and Sheila Hilo 2225 Apache Street R-1, Single Family Residential Low Density Residential Background and Description of Request: The applicants are seeking a variance from the required front yard setback of 30 feet from the right of way line. The applicants are proposing to construct an addition to their home that would extend into the setback by approximately four feet, leaving a front setback of 26 feet. The applicants' letter of intent states that the purpose of the addition is to provide dining table space near the home's existing kitchen which is in the front of the structure. The proposed addition would be about 10 feet wide by 12 feet in depth overall. Analysis: When considering requests for variance, the City is required to find that: P40 (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. In consideration of the definition of "reasonable use of property, it is common for contemporary homes to have dining table space in proximity to the kitchen. The homes in the neighborhood are rambler-style structures, built generally in the 1950s, on lot of about 11,000 square feet, below the City's current R-1 zoning standards. As such, they tend to have limitations on the lots that make expansion difficult. In this case, the expansion would result in a nominal encroachment into the front yard, however, it appears that the addition of dining space is not practical in other locations due to the location of the kitchen in the home, and the limited space between the existing garage and front window arrangement. The applicants note that neighbors have similar front additions, although it appears that to the north at least, the existing home still meets the setback requirement. Action Requested: Following a public hearing, the Planning Commission may consider one of the following motions: 1. Recommendation of variance approval as submitted, based on findings attached to this report. 2. Recommendation of denial of the variance, based on findings attached to this report. 3. Table action on the variance, pending additional information from staff and/or the applicant. Staff Recommendation: Staff recommends approval of the variance, as a reasonable accommodation to permit reinvestment in the existing housing stock, and to permit the home to be improved nearer to contemporary single family housing in the community. As noted above, it appears that a dining room addition to this home is not feasible given the layout and architecture of the home. The proposed addition would not appear to be excessive from P41 a square footage standpoint for the use. Without the variance, reasonable expansion for this type of improvement does not seem feasible. Supplementary Materials: 1. Application materials dated February 2, 2012 P42 Draft Findings of Fact for Approval Variance from Front Yard Setback Requirement 2225 Apache Street 1. The addition is for a dining room that would be necessary to accommodate dining near the home's kitchen in the front of the structure. 2. The addition for a dining room cannot be accomplished without the requested four foot encroachment into the front yard setback, a total of 40 square feet. 3. The request is for dining space that would be common for most single family homes in the community. 4. The proposed additional is reasonably the least to accomplish the objective for a dining room space. 5. The proposed addition is similar in nature to others in the area, and is architecturally compatible with both the existing home and neighboring structures. 6. The parcel is just over 11,000 square feet in area, below the City's regular single family lot size standard, and is otherwise limited in space for expansion. P43 Draft Findings of Fact for Denial Variance from Front Yard Setback Requirement 2225 Apache Street 1. The proposed addition would encroach closer to the street than other homes in the area, and more than those on either side of it. 2. The applicants have adequate space in the rear yard of the property to add other space which could accommodate further remodeling without a variance. 3. The addition does not constitute reasonable use of the property, given the neighborhood and other similar situations. Citv 031344 end_ota 4eigbts PPLICATION FOR C Applicant Name: (Last) • NSIDERATBON OF PLANNiNG Case No Date of Application Paid Alpo u_a 1-Th 4 S (First) (M) EQ EST PH: 6_, S Ltsi-i— T./ aull Address: ta_krE-1:1 APRe INCA9D0-1, -1-A7 E Address: Ri6 mn (Number & Street) LO (Last) Address: 77 L f-AP c. Man, 0 07-11 (61-fis 111., SO (Number & Street) Owner Name: (City) to,„ (First) SE) 2.0 (State) (Zip) (M) (City) (State) (Zip) Street Location of Property in Question: . ,L gal Description & PIN of Property: (C mplete Legal from Title 4-,,r Deed must be protvided) Lot ,2_ 9 • 91 2,960 te) cn I IS FRE- - Are • Type of Request: Rezoning Conditional Use Permit Conditional User Permit for P.U.D. Preliminary/Final Plat Approval Comprehensive Plan Amendment Applicable City Ordinance Number Present Zoning of Property (a-% Present Use Variance Subdivision Approval Wetlands Permit Critical Area Permit Other (attach explanation) Section s r Proposed Zoning of Property R. Proposed Use 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 ( ignature of 0 ner) 1101 Victoria Carve. Mendota Heights, MN 55118. (651) 452-1850 FAX (651) 452-8940 www.mendota-heights.corn (Signature of Applicant) P45 2225 Apache Street Mendota Heights, MN 55120 City Of Mendota Heights Thursday, February 2, 2012 To Whom It May Concern: We would like to add a dining room addition to the existing kitchen in our home at 2225 Apache Street. The existing dining area is very small. We would like to build a ten foot by twelve foot addition so we have room for a dining room table near the kitchen. The kitchen is located on the front side of the house. So, the only practical way to add a dining room off the existing kitchen is to build out from the front of the house. Any other expansion for a dining room would require considerable renovation to the rest of the house, which would not be practical and financially prohibitive. The standard allowable set back from the front of the house to the curb is forty feet. That would only allow us to build out nine feet, at the most. This does not quite give us the roo that we need for seating. We are asking for a variance to go an additional feet closer to the curb than the current set back allows. The new addition would be no higher than the other side of the house which has a gable end roof design similar to what the new room would have. Several other property owners in our area have done additions to the front of their homes. So, we feel it would fit in quite nicely with the rest of the neighborhood. We feel this addition would be an asset to our home. Thank you for considering our request. Respectfully, Ab and Sheila Hilo Homeowners 30 MEIN SCALE IN FEET P46 City of Mendota Heights 1 1 I I I I I 1 1 1 1 1 • T- L 1 il ii — _sk ----,I--.. • T- L 1 2- 11 S 13iTE.A.Ort,C. Calr P48 P49 CITY OF MENDOTA HEIGHTS NOTICE OF HEARING A PUBLIC HEARING ON A REQUEST FOR A VARIANCE TO CITY STANDARDS FOR FRONT YARD SETBACK TO WHOM IT MAY CONCERN: NOTICE is hereby given that the Planning Commission of Mendota Heights will meet at 7:00 P.M., or as soon as possible thereafter, on Tuesday, February 28, 2012 in the City Hall Council Chambers, 1101 Victoria Curve, Mendota Heights, Minnesota, to consider an application from Aboud and Sheila Hilo for a variance to the front yard setback at 2225 Apache Street. The applicant is seeking a four-foot variance to the front yard setback to accommodate an addition to their home. This notice is pursuant to Title 12 (Zoning), Chapter 1 of the Mendota Heights City Code. Such persons as desire to be heard with reference to this request will be heard at this meeting. Sandie Thone City Clerk akiita County, MN , • 41kP-2.-1, t.Z.:21-E:••471' Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search, appraisal, survey, or for zoning verification. Map_Scale 1 inch ==.° 135 feet P50 fi ITEM 7B 1101 Victoria Curve I Mendota Heights, MN 55118 651.4523850 phone 1 651.452,8940 fax :vww.rneedota- height a.com DATE: TO: FROM: SUBJECT: CITY OF MENDOTA HEIGHTS March 6, 2012 Mayor, City Council and City Administrator Jake Sedlacek, Assistant to the City Administrato2}g\5 Planning Case 2012 -06, Variances for Wall Signs BACKGROUND A planning application was presented to the planning commission on February 28, 2012 for variances for the number and total area of wall signs at St Thomas Academy (STA), located at 949 Mendota Heights Road. The affected parcel is zoned residential, guided for institutional use and is used as a school. The planning application was deemed complete February 6, 2012. The 60 day review period is set to expire on April 6, 2012. Public notice was published in the city's legal newspaper and mailed to property owners within 350 feet of the parcel. Planner Grittman explained to the commission that when the application was submitted, staff felt a conditional use permit was required for the expansion of the school facility. Upon further review, STA is a permitted use in the residential zoning district; the addition of a permanent field house does not require a conditional use permit. With the addition, STA plans to retain an existing wall sign, while adding a new sign on the east elevation and a logo sign on the south elevation as shown in the attached materials. Planner Grittman stated that staff recommended reducing the size of the logo sign to match the variance recently granted to Henry Sibley High School for a logo sign. The commission sought to clarify the comparison, noting that the Henry Sibley sign was approved as requested, with no modification from staff. The commission also noted that the Henry Sibley sign faced residential uses, while the proposed STA signs would face institutional uses and Interstate 494. The applicant shared an image of a 60 square foot sign as recommended by staff, expressing concern that the smaller sign did not fit with the scope of the building it would be mounted on. The applicant responded to commission questions that the sign would be St. Thomas blue, mounted on a brushed - aluminum surface. None of the proposed signs would be illuminated. Mr. Frank Hickey, 1611 Delaware Ave spoke at the public hearing in support of the variances, stating that he felt the proposed signs were reasonable for the use of the property. The commission expressed concern that this is the second variance request of its type in as many months. Planner Grittman confirmed that he felt the variance process is appropriate for signs for institutional uses in the residential district. An alternative would be to amend code language, but that the likelihood of seeing another request of this nature is very small. P51 P 5 2 BUDGET IMPACT N/A RECOMMENDATION At their February 28, 2012 meeting, the planning commission voted 6:0 to recommend approval of the variance as requested, with the findings provided by the city planner. If city council wishes to implement this recommendation, pass a motion adopting the attached resolution, A RESOLUTION APPROVING VARIANCES FOR WALL SIGNS AT 949 MENDOTA HEIGHTS ROAD, making any changes the city council deems necessary. This action requires a simple majority vote. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2012- A RESOLUTION APPROVING VARIANCES FOR WALL SIGNS AT 949 MENDOTA HEIGHTS ROAD. WHEREAS, Scott Schiff lett, on behalf of St. Thomas Academy has applied for variances to allow two additional wall signs and for total sign area at St. Thomas Academy, located at 949 Mendota Heights Road (Section 35 TWN 28 Range 23, NE 1/4 of SW 1/4 EX N 198FT of E 636 F, PID's 27- 03500 -51 -010) as proposed in planning case 2012 -06; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this application at their regular meeting on February 28, 2012; and WHEREAS, the commission recommended that the city council approve the variances as requested in planning case 2012 -06; and NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council that variances as proposed in planning case 2012 -06 are 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 sign information from the street. 2. The main entrance to the building along Lake Drive has no adequate sign identification, creating potential for traffic confusion. 3. 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. 4. The additional sign area proposed, as non - illuminated wall signage, is a reasonable use of the property, and will have no negative impacts on surrounding property. Adopted by the City Council of the City of Mendota Heights this sixth day of March 2012. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST Sandie Thone, City Clerk P53 ( ) P54 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2566 Facsimile: 763.231.2561 planners@nacplanning.com MEMORANDUM TO: FROM: DATE: MEETING DATE: SUBJECT: Mendota Heights Planning Commission Stephen Grittman February 22, 2012 February 28, 2012 Wall Sign Variance CASE NO: Planning Case 2012-06; NAC Case No. 254.04 — 12.02 APPLICANT(S): Scott Shifflett/ St. Thomas Academy ( ) LOCATION: ZONING: GUIDE PLAN: Background 949 Mendota Heights Rd R-1, Single Family Low Density Residential St. Thomas Academy has is planning for the construction of a new activities facility at 949 Mendota Heights Road. With the construction of the new building, the school will be removing the temporary air-supported structure on the west side of the existing buildings. As a part of the project, the school is also requesting approval of a variance for proposed wall signage for the activities building. The south face of the existing gymnasium displays existing wall signage visible from Mendota Heights Road. Since this south face of the building will be the location for the addition, the existing signage will need to be removed and replaced. As a part of the application, St. Thomas was directed to also apply for a Conditional Use Permit to ensure that we would not discover issues related to the expansion that would then hold up processing of the permits. However, no such issues were found, and since schools are permitted uses in the R-1 District, the CUP is not necessary. The City may dispose of the that portion of the application without action. ) Sign Variance Specifically, the applicants wish to affix the following signs on the south side of the activities building addition: • Saint Thomas Academy sign that will be 42' in length and made up of 27" and 32" letters. This 115 square foot sign is that which is currently displayed on the south wall of the gymnasium. • School logo sign measuring 11' by 12' and 132 square feet in area. On the east side of the school building: • Saint Thomas Academy Student Activities Center sign that will be 42' to 47' in length with the same 27" and 32" lettering. This results in an area of 127 square feet. Analysis Sign Variance Pertaining to this request the city code states: 12-1D-15 J. Signs In R Districts: Within the R districts, the following signs are permitted: 3. One nameplate sign for each permitted use or use by conditional use permit other than residential, and such sign shall not exceed twelve (12) square feet in area per surface. 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. 2 P55 P56 The applicant has proposed several reasons for approval of this variance, including: • The request for variance requests reflects the applicant's desire to better identify the school's buildings. 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. • 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 and south facade likely would not be visible from adjacent Mendota Heights Road which, according to the submitted site plan, lies approximately 400 feet to the South. 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. O No illumination has be requested therefore is not being approved by this variance With the recent Sibley High School sign variance application, the City found that the size of the property, size of the building, and extensive setbacks contributed to the "practical difficulties" faced by a non-residential use in the R-1 district in identifying their property. In that case, the applicants were proposing signage as follows: • "Henry Sibley Warriors" sign measuring 143 square feet in size. • School logo sign measuring 52 square feet in size. The sign is to be located on the diagonal portion of the north facade and face northeast. o Approximately 400 ft from closest right-of-way (Delaware) The proposed St. Thomas Academy signs would be approximately 400 feet from Lake Drive to the east, and 500 feet from Mendota Heights Road to the south, not significantly different that the dimensions on the Henry Sibley property. The proposed St. Thomas wall signs are comparable in size to those approved at Henry Sibley (127 s.f. at STA; 143 s.f. at Sibley). However, the St. Thomas Academy logo is quite a bit larger, and would be more prominently located than the Sibley logo sign. The St. Thomas logo is proposed to be 11 feet wide and 12 feet high, a total measured area of 132 square feet. The City approved the Sibley logo sign at 52 square feet, just under 9 feet high and 6 feet in width. Combined with the relocated nameplate sign letters, the south-facing wall would total 259 square feet of sign area. While there is no doubt that the larger sign is more visible, variances are typically considered to accommodate the least amount necessary to make a reasonable use of the property. In this regard, the ordinance suggests that the Planning Commission is to consider: 3 P57 . . . granting of such variance from the strict application of the provisions of this chapter so as to relieve such difficulties or hardships to the degree considered reasonable without impairing the intent and purpose of this chapter and the comprehensive plan." In this regard, reasonableness may include the kinds and extent of zoning decisions made for other land uses in similar circumstances. As such, a reduced logo size would be more consistent with the City's decision in the Henry Sibley case. Other Improvements Circulation. The improvements and redesign of the parking area will provide for better pedestrian and vehicle circulation within the site area. The proposed design is favorable due to the importance of providing accommodations for pedestrian circulation near the drop off and entrance area of the facility. Off-Street Parking Requirements, Curb Cut, and Entry. The proposed plans show a new curb cut access and drive from the south (Mendota Heights Road), this shows to be a reasonable place for a new access way as it aligns with the adjacent curb cut directly across Mendota Heights Road. The access drive, parking lot, and parking island layout shows to be a sufficient layout for healthy and safe traffic flow. The new curb cut and access drive is subject to city engineer review and approval. The additional parking spaces are allowable and noted to be a positive addition to the facility. The city does not I ) require additional parking based on square footage based on the fact that this facility is meant for school activity purposes only and is not intended to affect enrollment or class room numbers. If the facility were to be intended for a public athletics and recreational facility then parking spaces based on the buildings square footage would be implemented. Landscaping and Screening. All landscaping and screening from adjacent parcels is compliant as per the previous CUP. The proposed building and parking lot reconfiguration does not require any further landscaping or screening beyond what has already been implemented for the previous CUP. Lighting. New proposed lighting shows to match the existing approved lighting and should be hooded to comply with city code section 12-11-15 of the zoning performance standards. Grading, Drainage and Erosion Control. The applicant has proposed grading for the new parking lots and access drive. The plans show to have proposed bituminous paving and a infiltration basin for drainage and runoff control. Grading, drainage, and erosion control shall be subject to review and approval from the city engineer. Building. The building plans show an architectural precast and metal paneling for the exterior finish. These are shown to be consistent with approved architectural standards of the existing buildings on campus and give clean and aesthetically pleasing finish to the campus buildings. 4 Action Requested: Sign Variance 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, and the findings attached to this report. As noted in this report, staffs recommendation is that the logo sign should be reduced to a size comparable to that of the Sibley logo sign recently approved — something less than 60 square feet in area. 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: Sign Variance Planning staff is supportive of the variance, with the modification that the logo sign is resized to less than 60 square feet, comparable to that granted to Sibley High School. 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 wall signs with south and east exposure in this direction would be less intrusive than other locations on the property. Supplementary Materials: 1. Application materials dated February 6, 2012 5 P59 Draft Findings of Fact for Approval St. Thomas Academy Wall Sign Variance 949 Mendota Heights Road 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 Lake Drive 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 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. 5. The additional sign area proposed, as non-illuminated wall signage, is a reasonable use of the property, and will have no negative impacts on surrounding property. 6 _lend nta APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Case No. Date of Application 2 - Fee Paid ■ Applicant Name: Shifflett Scott A PH: 952-656-4471 (Last) (First) (M) Address: 10350 Bren Road West (Number & Street) (City) P60 E-Mail Address: scott.shifflett@opus-group.com Minnetonka MN 55343 Owner Name: Saint Thomas Academy (Last) (First) (State) (M) (Zip) Address: 949 Mendota Heights Rd Mendota Heights MN 55120 (Number & Street) (City) (Zip) (State) Street Location of Property in Question: 949 Mendota Heights Road Legal Description & PIN of Property: (Complete Legal from Title or Deed must be provided) Section 35 TWN 28 Range 23 NE 1/4 of SW 1/4 EX N 198 FT of E 636 F PIN: 270350051010 Type of Request: Rezoning Conditional Use Permit Conditional User Permit for P.U.D. Preliminary/Final Plat Approval Comprehensive Plan Amendment Variance Subdivision Approval Wetlands Permit Critical Area Permit Other (attach explanation) Applicable City Ordinance Number Present Zoning of Property R-1 Present Use Proposed Zoning of Property R-1 Proposed Use Institutional I hereby declare that all statements made in this request and on the additional material are true. 1 further authorize City Officials and agents to inspect the above property during daylight hours. Section Institutional Date Received 2-6-12 (Signatu oj 7/(S re of Ow dr) 1101 Victoria Curve . Mendota Heights, MN 56148 . (651) 452-1850 . FAX (651) 452-8940 wvvvv.mendotialeights.com V PUS OPUS DESIGN BUILD, L.L.C. 1oo50 Bien Road West M E M O R A N D U M Minnetonka, MN 55343 TO: Mendota Heights Planning Department FROM: Scott Shifflett DATE: February 1, 2012 RE: Letter of Intent Concerning Proposed Activity Center Saint Thomas Academy P61 The proposed actkitvcent�risth�culnninadonofenmu[dyearplanning and fundraisingeffortthatmiU activity enhance the experience of students for many years to come. The proposed building will include new social studies, art, band, and choir cjassrooms. In acldition two new gymnasiums, iocker rooms, weight room, wrestling room, meeting rooms and athletic storage will be provided. The size ofthe buliding is approximat&y 96,000 square feet. The location of the building is situated within the Saint Thomas Academy campus just to the south of the existing gymnasium and pooI buildings. The architectural exterior consists of architectural precast, architectural metal paneling, punched window openings and curtain wall. The pr ^ ectdocunentsindicatetheproposedbuildingvil|notencrnaohonanyknovneasenentsa s the footprint is located approximately 337 feet from Lake Drive and 412 feet from Mendota Heights Rd. There are no structures within 350 feet of the proposed building that are not owned by Saint Thomas Academy. The proposed building is more than 100 feet from the normal water level of the pond Iocated to the south. Acknowledging that the city zoning ordinance for signage is 12 square feet, we are asking the Planning Commission to consider granting a variance based on the uses of this facility as described above. Due to the large setbacks it would not be possible to design signage Iegible from the street with the allowable space. In addition the allowable space would not allow the building to match the existing campus. The proposed letters will be of the same size and character as the existing signage on the south elevation ofthe gymnasium. The existing sign uses a combination of]2°and27"letters. As shown on the building elevations the proposed Saint Thomas Academy logo on the south elevation is 11 feet wide by 12 feet tall. The Saint Thomas Academy ogo 15 intended to add character to the roof screening and show school pride. The signage below the ogo consists of 32" and 27" Ietters with an overalt ength of 42 feet, replacing the existing gymnasium signage. The east elevation's signage consists of 32" and 27" letters with signage lengths of 42 and 47 feet respectively. The pr ject team studied various signogedimensions. By matching the existing Saint Thomas Academy signage there is a balance between visibility and conformance with the existing campus signage program. P62 Page 2 The site plans call for the addition of a new access road to the facility off of Mendota Heights Rd. The curb cut 15 immediately across from the entry to the hockey facility. The reaiignment ofthe parking as shown wiU add approximat&y 43 parking stalis. The Iandscaping shown around the proposed buitding will be in accordance with the Saint Thomas Academy campus standards. We appreciate the consideration and welcome the opportunity to answer any questions concerning this exciting project. Sincerely, / 5coltShifflett Project Manager Disclaimer- Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search, appraisal, survey, or for zoning verification. Map Scale 1 inch :=°- 780 feet P63 P64 CITY OF MENDOTA HEIGHTS NOTICE OF HEARING A PUBLIC HEARING ON A REQUEST FOR A CONDITIONAL USE PERMIT AND A VARIANCE TO CITY STANDARDS FOR SIGN AREA TO WHOM IT MAY CONCERN: NOTICE is hereby given that the Planning Commission of Mendota Heights will meet at 7:00 P.M., or as soon as possible thereafter, on Tuesday, February 28, 2012 in the City Hall Council Chambers, 1101 Victoria Curve, Mendota Heights, Minnesota, to consider an application from Scott Shifflett on behalf of St. Thomas Academy for a conditional use permit for an expansion of the school and variance to the area standards at 949 Mendota Heights Road. The applicant is seeking a conditional use permit to construct an activity center as an addition to the existing school and variances to standards to sign area for wall signs. This notice is pursuant to Title 12 (Zoning), Chapter 1 of the Mendota Heights City Code. Such persons as desire to be heard with reference to this request will be heard at this meeting. Sandie Thone City Clerk ) 9 c C C E9 e Lighting Summary: 2 - Qty 400 Watt Metal Halide Pole Lights at Road 2 - Qty architectural pole lights and entry plaza similar to existing fixtures at high school entry court. Various locations - Wall pack lighting at loading dock and entry doors similar to existing campus lighting scheme. PARKING COUNTS 001011820 PARKING. HANDICAP STALLS: 4 STALLS STANDARD STALLS: 389 STALLS TOTAL 393 STALLS PROPOSED PARKING: HANDICAP STALLS: 10 STALLS STANDARD STALLS: 426 STAI I S TOTAL 436 STALLS PC 00 ammo emulous NAIR NEW W-IF WIDE RRUDINOL/S TRAR. NEW BRINAINOUS WALK TO WATCH 001.0155 C0110 51000 0 All. EXT. DOOR 10011110145 30E-2- COSTING DRULDNOUS RAU( \--BRODINOLIS RAMS STANDAR SEE ELEC. RELO F.H. CONC. fIEW 6.-0* WIDE CONC. SIDMAN 077.-6* PAVEDENT 1:1080.1. FO. CONNECTION N -00010NOU5 PANINC--N, P STALLS \\_ 400Watt Metal WAWA 55.0 0150000. SEE ELEC. 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METAL RARING O INSULATED OVERHEAD OOOi 10 PRECAST CONCRETE SCREEN WALL 0 INSULATED IOLLOW METAL DOOR AND FRAME O FIRE DEPARTMENT CONNECTION O OAERFLOLMOOMASPOU1 NOZZLE EXTERIOR FINISHES WREN 11 PRECAST CONCRETE COtOR. /11461112 PRECASTCOICMETE COLOR' 10.4151.113 PREENIPEDMETAL PANEL COLOR: C WSULATEOt014E 4151014 GLASS NMEUSS.14^OS1.:1•IAN 114004SS) 1'INSUUTED SPNIOIELGLASS IWGLASS.10 AW. IR'LAIMMTEDGVSS) PLUMWUUWW006$15IELL LIDA MLODIEEDNU0WUM. THERMALLY BROILER PROVIDE SAFETY GLASS AS REWARD Beat trtCAL GURO0G COORS ANDFEOERIJ. REQUIRE/ARMS. KEY PLAN 9 OPUS. Opus AE Group, Inc LESLERECDRO • O2M102 CIYSUUBAYTTAL SET 30136100 E 30136 36 02/01/12 wMR P. CATTANACH /C.tARSON 1.. BAILEY B. BEYER / E. GSCHNEIDNER • Erm1 may ortr hllb E.IA*1SMnd elyymnle Nee 11,10pus 061MNes me I responsible Me my dolma. VNaoes m etmentee melee emote:, MORed use dmeWA, Amn mdelmdm Meeror;e r • ekNm e y t Nest, n+emelMe deco em RAO m-butl om6l om. Llh me mp:m.04 el Mt use le verde 9 IMnnmo,LI emtr,e.endenereMmE • T W rem Ns Ml coq not be metier P MRd MORN mer emlen =meet 0 M ryhls removed ® OPUS® Opus Design Buitl, LLC- SAINT THOMAS ACADEMY ACTIVITY CENTER PHASEI MENDOTA HEIGHTS. MN malinsE EXTERIOR ELEVATIONS A3.1 PLOT OATE: 2000,2 a3S:52 NM P66 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.452.1850 phone 651.452.8940 fax wwwsnendota-beights.com DATE: CITY OF MENDOTA HEIGHTS March 6, 2012 ITEM 7C P67 TO: Mayor, City Council and City Administrator FROM: Jake Sedlacek, Assistant to the City Administrato SlUMILCT: St. Thomas Academy Request to Extend Conditional Use Pennit BACKGROUND St Thomas Academy (STA), has requested a one year extension of their conditional use permit (planning case #2004-29) for an air supported structure and accessory building. The current conditional use permit expires August 4, 2012. As you may recall, the city issued the original conditional use permit in 2004 to construct an air dome as a temporary field house while fundraising was underway for the construction of a permanent field house. The permit was approved for two three-year periods and was set to expire in 2010. STA approached the city council in 2009 to extend the permit, at which time the council authorized one year extensions, requiring annual documentation on the condition and use of the temporary structure. STA has been working with Opus Design Group on building plans for the field house, and are anticipating submittal of a building permit very soon. STA recognizes that the construction of the new field house, set to start in 2012, will not be complete by the current expiration of the conditional use permit. STA is requesting one additional one year extension to the conditional use pet for an air supported structure and accessory building through August 4, 2013. Attached you will find the following documents: 1. St. Thomas Academy request letter 2. Lindau Companies, Inc. engineering report 3. Air dome usage report 4. St. Thomas Academy correspondence with fire marshal regarding compliance BUDGET IMPACT N/A RECOMMENDATION If city council wishes to extend the conditional use permit, pass a motion adopting the attached resolution, A RESOLUTION AMENDING THE CONDITIONAL USE PERMIT FOR AN AIR- SUPPORTED STRUCTURE AND ACCESSORY BUILDING LOCATED AT 949 MENDOTA HEIGHTS ROAD, making any changes the city council deems necessary. This action requires a simple majority vote. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2012- A RESOLUTION AMENDING THE CONDITIONAL USE PERMIT FOR AN AIR - SUPPORTED STRUCTURE AND ACCESSORY BUILDING LOCATED AT 949 MENDOTA HEIGHTS ROAD. WHEREAS, St. Thomas Academy received a conditional use permit and variances for an air - supported structure and accessory building at 949 Mendota Heights Road (Section 35 TWN 28 Range 23, NE 'A of SW %a EX N 198FT of E 636 F, PID's 27- 03500 -51 -010) as proposed in planning case 2004 -29 from city council on August 3, 2004; and WHEREAS, St. Thomas Academy had originally planned to complete the construction of a new permanent field house within six years, but those plans have been delayed; and WHEREAS, St. Thomas Academy has been developing building plans and intend to break ground on the new field house in 2012; and NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council that the conditional use permit for an air supported structure and accessory building as proposed and originally approved in planning case 2004 -29 is hereby amended to allow for an additional 12 months of use through August 4, 2013 with the following conditions: 1. St. Thomas Academy provided documentation outlining the use of the air supported structure ceasing for six months out of each year. 2. An annual report by the fire marshal indicating that the structure meets current safety and building code requirements is submitted to the city council for their review. BE IT FURTHER RESOLVED that all previous conditions and limitations of the original conditional use permit continue to apply. Adopted by the City Council of the City of Mendota Heights this sixth day of March 2012. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST Sandie Thone, City Clerk P68 SAINT THOMAS ACADEMY EX IJMIIRIS IN VERITATEM October 25, 2011 John Mazzitello Mendota Heights Interim City Administrator 1101 Victoria Curve iviendota Heights, ivi'iv 55118 Dear John, Typically I would make the following request during the summer, but wanted to wait until we had more information on our Capital Campaign project and on our repair to the pool building. We will begin repairs on the pool building in April and be completed by August 2012, in time for the Visitation swim team to begin practice. We are also optimistic that we will begin construction of the new Activity Center in May 2012, with completion in the summer of 2013. We have raised $11,500,000 in cash and pledges and need to reach $13,200,000 to begin construction. I would like to request an additional 1 year extension on the conditional use permit for our air dome. I believe you can reference the August 17, 2010 City Council minutes for some background on this. The original application was for two 3 -year periods which went through 2010. We have requested and been granted two additional 1 year extensions, the last one going through August 4, 2012. Hopefully this will be the last extension we need. If this could be added to a future agenda, that would be appreciated. Please let me know if you need anything else in advance of that meeting. Thanks for your assistance. S incerely, e. Robley D. Evans Business Manager 949 MENDOTA HEIGHTS ROAD • MENDOTA HEIGHTS, MINNESOTA 55120 651.454.4570 651.454.4574 FAX. WWW.CADETS.COM P69 LINDAU COMPANIES, INC. P70 PROFESSIONAL ENGINEERS 1074 OLD HWY 35 HUDSON, WI 54016 (715) 386 -4444 August 18, 2011 Mr. Paul Solmon Director of Facilities St. Thomas Academy 949 Mendota Heights Road Mendota Heights, Minnesota 55120 Re: Structural Inspection of Air - Supported Structure Sports Dome St. Thomas Academy Mendota Heights, Minnesota. Dear Paul, Lindau Company has completed the structural inspection of St. Thomas's air supported sports dome at the request of St. Thomas Academy. Our comprehensive inspection involved visual observation and minimal invasive investigations to determine overall structural integrity of the facility and to evaluate individual components of the dome structure such as, but not limited to, fabric membrane, reinforcing cables, perimeter concrete grade beam, and cable anchors. Structural Observations The following observations were recorded at the time of site visit on August 8, 2011. See photos in Appendix A of this report. 1. Concrete grade beam around the perimeter of the structure looked in good condition. It was reported that there were vertical cracks at 10' -0" to 15' -0" on center around the perimeter. The cracks were determined to be caused by shrinkage in the concrete. These cracks are normal for foundations without control joints or separations that allow the concrete to expand and contract. (See Figure 2) 2. Cable hold downs with post installed anchors at the dome structure's entrances were in good condition. No signs of distress or early signs of concrete break out observed. (See Figure 3) 3. Several tears were spotted on the exterior of the fabric membrane. It appears that there were some "patching" or remedial work completed on each tear to restrict widening of the tear. The patches and repairs looked in good condition. (See figure 4) 4. Living weeds and other organic matter was noticed between the fabric membrane and the concrete grade beam. (See figure 2) LINDAU COMPANIES, INC. PROFESSIONAL ENGINEERS 1074 OLD HwY 35 HUDSON, WI 54016 (715)386 -4444 Conclusions At the time of the inspection the air.supported sports dome appeared to be in good condition without noticeable signs of overstress or significant wear. We believe any remedial actions required at this time are limited and can be categorized as maintenance. These are: a) Small tears in the dome fabric should be repaired as soon as they are noticed and previously repaired tears should be regularly monitored. Repairs should be performed by the original manufacturer or an equally qualified contractor. b) Weeds and other debris should be removed from seams connections and cracks. This should also be performed by a qualified contractor with experience in working around fabric structures. c) Shrinkage cracks in the concrete grade beam should not pose a problem unless they allow water to infiltrate the area of a cable hold down anchor. The inspection performed was based on limited visual observation in a snap shots view in time. Lindau Companies, Inc does not make any claim that all conditions were observed. We would like to thank you for the opportunity to perform this investigation. If you have any questions, comments, or if you need any additional service, please do not hesitate to contact us. Sincerely, Lindau Companies, Inc. William H. Lindau P.E. 24781 I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. P71 LINDAU COMPANIES, INC. PROFESSIONAL ENGINEERS 1074 OLD HWY 35 HUDSON, WI 54016 (715) 386-4444 Appendix A P73 LE\TDAU COMPANIES, INC. PROFESSIONAL ENGINEERS 1074 OLD 1.1virt 35 HUDSON, WI 54016 (715) 386-4444 fg.;,',VIPAPIRe 74:atinigiq Figure 1: St. Thomas Academy Air Supported Spots Dome LINDAU COMPANIES, PROFESSIONAL ENGINE 1074 OLD HWY 35 Hui:Jaw, WI 54016 (715) 386-4444 Figure 2: Vertical Shrinkage Crack at Grade Beam and Organic Matter ■ Figure 3: Cable Anchor Connection Figure 4: Tear in Fabric Membrane ) I ,11\TDAU COMPANIES, INC. PROFESSIONAL ENGINEERS 1074 OLD HWY 35 HUDSON, WI 54016 (715) 386-4444 P75 c_- z 0 co > g -9 Et ,& '1' 2.-23 s E. - ST) 13 3 cr. 331:n cr a) CD (D ICD 0 (0M " 1\3 " 1\3 " I\.) 0 0 CO CS) M- M" D" ,‹ @ CD CD (D ID (D 5 ca. CL CI. o_ 0. 0 azt co o co co co > o a) 03 co co wE ,,,C7 CO CO CO E cp al Ec)FD" 0 co E.-21 E E ci) n)6 3 0 I I n-1 - WID (C) 0 cn 3 o 1— CI) ct.. cr. 0 C .09 co (J) (i) 0 0 Th ID 0 0 w o a) 0 CD CD V) E? cn 00 C C (1) 5 5 (D o- CT ill Cn cn (D CD 0 CT CT (D cn3. o. o Ea 2.2. c' l) C/) C/) E ct■ DJ (I) -‹ w o 0 0 cn (n w CD CU (I) gur- (D 7-1 F L.; cow r- a) 0) t- o a) (0 0 w a) mu CD esodand pass sAea P76 SAINT THOMAS ACADEMY (MAIMS IN VIIItITATE September 22, 2011 Jim Lee Fire Marshal City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Dear Jim: It was nice meeting you earlier this month. The information that you, provided about the requirements of the Fire Code will help me do a better job of keeping Saint Thomas Academy safe and in compliance. Per our discussions and your report of violations on the Mendota Heights Fire Inspection Report, File # 037 Date September 8, 2011, I am pleased to report that both items have been corrected and Saint Thomas Academy is no longer in violation. The resolutions are as follows. For the first item: Improper Lock/ Panic hardware Code 1008. We have discontinued use of the Orange locking bars within the school. All of the bars have been collected and removed from the school. The second item: Hood System Maintenance & inspection (annually) Code 904.11.6.4. The work has been completed by Enviromatic. Please let me know if 1 missed any item we discussed. Sincerely, ul A Solmon Director of Facilities 949 M IN DoTA HEIGHTS ROAD • MENDOTA HEIGiiis. MINNESOTA 55120 651.454.4570 • 651.454.4574 PAX. VVWW.c.:ADETS.COM September 8, 2011 l'o whom it may concern, Enclosed with this letter is a Fire Inspection Report with fire code violations identified and the corrections necessary to comply with the Minnesota State Fire Code. Please call 651-255-1156 if you have questions or need. more information. Thank you for your cooperation, .J4C;;7 to 1101 Victoria Cu,rw.•.. illeudota viN 55118 (est) 452-80 'PAX (651) 432-8940 www. CIE dotz-itc...,igilEs-corn 0 0) 0 0 SPRINKLER SYSTEMS 651 - 454 -4570 .i.,: 7„If ,5,..t.l........:!,ii •.:!...;j t9:: ,,.... qf-.., >'4 ••'"3,.' ;)!•.171'; .... CL' •.:.2 651- 291 -4400 •:::=4,.., :..,:i :i)•,t, 111A). '..:....•;, i,'; Fr;i4 i.,-.•,, ,..i2 k•.• ri,:` 0.^.■ V,'. (-r) ini: 1,—...1 '.,.it. C'.° 1..).• If) c , a .... l ,.nt' • . / /..,,..../ • ,„,,tc.: _"%tt.t/•; 9,',•,-;.; :••••.t.,:" •t•••••• ,•,,c.i.. ,,r,',;., 1,:.' i',......li E- M, '•111 t'ili :In I.'". nP ,•;;;',.. - 7-■ '''' '''''' 4 ..,,,-4 k..d *4•• = c4n r,, ,,.., 0 .-■ C/D. '",•. .4.,'-• ,,:i",■,' 4111•• It!,,■ ,,i,..,,,7 V,3 i'vi• l'i,,t, 226 Summit St. Paul, Ma 55102 . t,.... ''.,'•.'.'., 17'L'i ..,..,,, r.',.. .."?.k •,„ ,.....,' 5.1,•''•.:',.' z•,::.', ;u) 9.•:,, 'D !:..C.• 949 Lake Drive kg as• 0 Catholic Archdiocese 0 ,..4 1-.--, 0 ea CT; 1.1 i"...1.4 0 SPRINKLER SYSTEMS z 0 1= < _1 0 5 • . See the following pages for fire code violations. x x ' xxxz X ..,.,..< Maintenance & inspection (annually) i 904.11.6.4 Compatible fire extinguisher 904.11 .5 I XX I STORAGE Unsafe condition /clearance 1 605.3 ( XX 1 k ; , Extension cords through walls, floors, etc. j 605.5 ( XX 1 OTHER HAZARDS —` c4 0) 0) 0) o 01 .,-.- 04 to 01 CV . to 00 _ != :-.:, H L.j 0) I") Cr) ci o 00 co c•,-) 703 3404.. Maintenance & inspection (annually) Obstructions & condition of FDC Sprinkler head clearance (ruin. 18 ") Spray booths Accumulation of combustibles Clearance from ignition sources Clearance from ceiling (24" nonsprinkled) • • - . Heat producing appliances maintained Compressed gas cylinders secured 1 Maintenance of fire doors /lire stops Storage of flammable material L..''.;�.� ADDRESS POSTED Z 0 I= .ct 0 5; x >< --- .,j,.. co 0::, >< x — 0 0 1003.6 I XX x >< -- id x >< — u••••? C x >< 01 0) x x — r. s 0) x >< CO 0) x x t0 0) X . CV 0 • 0 _C .ii. _ cn .11 Aisles Improper lock /panic hardware required Exit door operation, j Lmeraency lighting / exit lights maintained. Exit way obstructions I Storage under exit stairs Fire escape maintained 1 FIRE EXTINGUISHERS Proper size (all occupancies) • Proper mounting (max 75' travel distance) r. C : i 1 , c . ' t 1 , SmoKe detectors operational Motor vehicle fuel dispensing stations Aboverelow ground tanks (see attached) Other: iled September 8, 2011 J. 0 P 7 9 0 'Ca 0.) • 1.4 ; at 0 • (0 , (t.t. '0 te) 7.) C■1 u -4. 1, Exit doors improper locking device- Minnesota State Fire 1 028.2 states: Required exit accesses, exits or exit discharges shall be continuously maintained free from obstructions or impediments to full instant use in the case of fire or other emergency. Security devices affecting means of egress shall be subject to approval of the fire code official. Minnesota State Fire Code 1028.3 states: A means of egress shall be free from obstructions that would prevent its use, including the accumulation of snow and ice. Means of egress shall remain free of and material or matter where its presence would obstruct or render the means of egress hazardous. Corrective action: All additional locking devices on all exit doors must be removed when the building is occupied. The locking devices should not be stored near the exits. 2. Cooking hood- Minnesota State Fire Code 609 and NFPA 96 recommend cleaning cooking hoods at least semi-annually or as often as necessary to remove the accumulation of grease. Corrective action: The kitchen cooking hoods needs to be cleaned. Measures must be taken immediately to correct the fire code violations cited. A reinspection to verify compliance will follow. The rreinspection date will be on or about October 111 2011. If you have questions or need more information please call 651- 255 -1156, ;;•:Z`=■')■;. ;,:, 0;,..; ....:4.; ''.....fr..0 S■...n. 0,0.1 05.R. ..i., , ition /Suer :. ';';...26. 8O () 0 0= 0 7) g O 0 '0 O C 0) La. 1-1 - ,F9, Q.) -9 • > 0 as to -0 :73. 92 0 c 0 • co 175 oj .0 0 0 .to L' 8 2 .8 E 0 7 O 00 -0 cg C) c Lu. -E. 'cr. tz-- • Cl) w as -6 0 (r) , •-• :9. o .5 F o • a) c: 0. .0 (0 = co 0)10 „0- a.) O 0 0 .2 c+3 0 0 ca ,„ a) va 0 .0N (0 — f- 0 ai a 22 -y: 5 o. co 0 6_ 7:3. <-* P. 7 E E rd 0 E C • .0 C co • • — 0) a 0 Q) 0- 0 — -0 ca. ul • — .0 0 ..... • 0 L- •ao • 0 CZ (I) 0 -0 (1) O • a) o 17) Q. > o -0 > a 1 0. 0 0 (/ 0 .5 • Ta < a) C. 8: al 0 • _ < 0 _ P_a) 0 cg • 0 .g.) • Cr 0 - • 5'0 C..' o O C • o_ O .0 o 0 z ▪ • 0' P81 651-454-4570 lMtreitietiMilie.WiTIP.Wageg-ViST.MRIffigtgi 651-291-4400 '''':,•?' ,i.v 4..V ;e•••.: • c.... :?..-..., "ial. ,o, := aa• ,,, , *,-*4 tr, kz.: d L 1 .;•;,: t..i.j. ■ '.,L,:: .,. E z-, u2; nr :M al; St Thomas Academy and Middle School r.■41'.. )1, :,:.... i.,,'f.i zA, .— , :in iW .70 A , 226 Summit St. Paul, Mn 55102 VI •gt ..,iv - 111) lc) 17 — 949 Lake Drive Ai.,.., 4.-21 • Catholic Archdiocese _ _ !,71 0 ...I a') P81 ITEM 7D 1101 Victoria Curve 1 Mendota Heights, 1111 55118 651452,1850 phone 1 651.452,8940 fax • w...wwmendota-heigl ts.com DATE: TO: FROM: SUBJECT: CITY OF MEND❑ T A HEIGHTS March 6, 2012 Mayor, City Council and City Administrator Jake Sedlacek, Assistant to the City Adrinistrato 9S Commercial Property Maintenance Code BACKGROUND The city council directed staff to look into developing a conunercial property maintenance code at their 2011 goals work session. At a regular meeting in June 2011, the city council authorized staff to work with the city planner to develop draft language for this new code. A draft of that language was presented to the planning commission in November 2011 who recommended to staff that the draft language be presented to city council to determine if a formal application for a zoning amendment should be submitted. City Planner Steve Grittman presented a draft corrunercial property maintenance code to the city council at the February 8, 2012 meeting. The council provided feedback on the draft language, which has been included in the attached document. Planner Grittman will be present at the March 6, 2012 meeting to describe changes in the draft language and to continue discussion on the hatter. 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. RECOMMENDATION If city council wishes to implement a new chapter of city code to address corrunercial property maintenance, pass a motion authorizing staff to submit a planning application for a zoning ordinance amendment. This action requires a simple majority vote. P82 Draft 02/09/12 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. Provide a mechanism To cause correction to correct 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 12-8-2: DEFINITIONS: P84 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 and shall include all buildings containing commercial or industrial uses, regardless of zoning district, with the exception of legal home occupations on residentially zoned property. FENCE: Any structure, wall, or gate erected as a permanent dividing marker, partition, visual or physical barrier, or enclosure, excluding any permitted temporary fence as regulated in the zoning regulations of this Code, within a parcel of land regardless if the parcel is platted or unplatted. PROPERTY: Developed or undeveloped land, parcel or platted lot, including any building stuctures, and accessory structures thereon and shall include all land, parcels, or lots containing commercial or industrial uses, regardless of zoning district, with the exception of legal home occupations on residentially zoned property. STRUCTURE: Shall have the meaning stated in this Title. WEEDS: All grasses, annual 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 2 P85 elements and decay by staining, painting or other protective covering or treatment or other appropriate method acceptable to the City. With regard to broken windows, repair shall require replacement of all broken glass, or in the alternative, remodeling of the exterior by removing the window and its frame and replacing such window with exterior siding to match and blend in with the surrounding siding. B. Premise Identification: All buildings shall have 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. 3 ( 1. Windows and doors shall be covered to prevent entry within a frame, and with covering materials, that are designed to complement or match those of the existing building. 2. Any part of the building, such as walls or roof, which is damaged in such a way as to allow possible entry, shall be repaired with materials that match the materials used for that part elsewhere on the building, and in a manner which masks the visible impression of vacancy. 12-8-5: LANDSCAPING AND GROUNDS MAINTENANCE: A. Vegetation, Trimming and Replacement (Trees and Shrubs): The owner and 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 any stage of collapse. 4 P86 2. The fence shall be maintained in sound and good repair and free from deterioration, loose or rotting pieces, or holes, breaks, or gaps not otherwise intended in the original design of the fence. The fence shall be free from any defects or condition which makes the fence hazardous. 3. All exterior wood surfaces of any fence, other than decay resistant woods, shall be protected from the elements by paint or other protective surface covering or treatment, which shall be maintained in good repair to provide the intended protection from the elements. 4. No fence section shall have peeling, cracked, chipped or otherwise deteriorated surface finish, including but not limited to: paint or other protective covering or treatment, on more than twenty (20) percent of any one linear ten-foot section of the fence. 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 joint and several responsibility of the individual property owner, its respective agents, and/or, if where applicable, the homeowners' association. 2. All fence repairs shall be consistent with the original fence design in regard to location and appearance. 5 ' 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. 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. 6 P88 P89 D. Collection: Discarded materials and equipment shall not be left outside for collection and disposal for more than seventy two (72) forty eight (48) hours. Materials and equipment not awaiting collection and disposal shall not be placed outside. 12-8-9: STORM DRAINAGE: 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 7 P90 on behalf of the City. A violation of this Chapter shall be subject to a penalty as provided in section 1-4-1 of this Code. D. Abatement by City: In the event the City chooses to abate said violation, the City shall adopt a resolution setting forth the specific details of the corrective matters to be taken. A copy of the resolution shall be sent to the property owner by certified mail and if the violation is not abated within ten (10) days of the mailing of said resolution, the City shall take all actions necessary to abate said violation, keeping accurate records of the cost of the same. E. Costs to Owner: The Finance Director shall prepare a bill and mail it to the owner of the property for the costs incurred by the City, including, but not limited to, administrative costs, attorney fees and costs and the costs of any outside contractor engaged by the city to correct such violation, and thereupon the amount shall be immediately due and payable to the City (the "bill"). F. Special 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 tax collections. 8