The URL can be used to link to this page

2013-09-03 Council PacketCITY OF MENDOTA HEIGHTS CITY COUNCIL AGENDA September 3, 2013 — 7:00 pm Mendota Heights City Hall 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Adopt Agenda 5. Consent Agenda a. Acknowledgement of Revised August 6, 2013 City Council Minutes b. Acknowledgement of August 20, 2013 City Council Minutes c. Acknowledgement of August 27, 2013 Planning Commission Minutes d. Accept Quotes for City Hall Gutter /Downspout Installation e. Accept Quotes for Demolition of 2454 Lemay Lake Road f. Approval of Temporary On -Sale Liquor License for St. Thomas Academy g. Approve Resolution 2013 -59 Approval of Conditional Use Permit for Fence Installation, Planning Case 2013 -12, Karla Gotham, 1533 Dodd Road h. Approve Resolution 2013 -63 Award of Bid, Highway 13 Trail Connection Project i. Approve Resolution 2013 -64 Approval of Highway 13 Trail Maintenance Agreement j. Approval of Personnel Action Report k. Approval of Leave of Absence Request for Code Enforcement Officer Paul Berg I. Approve Resolution 2013 -65 Providing for the Sale of General Obligation Bonds for 2013 Street Projects m. Approval of Claims List n. Approval of Contractor List 6. Public Comments 7. Presentations a. Vicki Stute — President, Dakota Regional Chamber of Commerce 8. New and Unfinished Business a. Resolutions 2013 -66, 2013 -67, 2013 -68, Adoption of Preliminary 2014 Tax Levy and Budget b. Resolution 2013- 58 Request to Dissolve Existing Joint Powers Agreement with Gun Club Lake Watershed Management Organization c. Resolutions 2013- 60, 2013 -61, 2013 -62, Planning Case 2013 -13, Building and Parking Setback Variances, Scannell Properties 162, LLC, Southwest Corner or Commerce Dr and Lemay Ave 9. Community Announcements 10. Council Comments 11. Adjourn page 2 CITY OF MENDOTA HEIGHTS 5a. DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, August 6, 2013 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 8:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER After participating in the Night to Unite events, Mayor Krebsbach called the meeting to order at 8:00 p.m. The following members were present: Councilmembers Duggan, Povolny, Petschel, and Norton. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. ANNOUNCEMENT Chief of Police Michael Aschenbrener gave an update on the severe thunderstorm warning that the City was under and explained the evacuation procedures should it become necessary. AGENDA ADOPTION Mayor Krebsbach presented the revised agenda for adoption. Councilmember Duggan moved adoption of the agenda. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 CONSENT AGENDA Mayor Krebsbach presented the consent agenda and explained the procedure for discussion and approval. Councilmember Duggan moved approval of the consent agenda as presented and authorization for execution of any necessary documents contained therein, pulling items J) Approve Resolution 2013 -53 Accepting Feasibility Report and Calling for a Public Hearing on the Victoria Road & Rolling Green Neighborhood Improvements, L) Approval of Personnel Action Report, N) Approval of Claims List, and P) Appoint Planner. a. Acknowledgement of July 9, 2013 Parks and Recreation Commission Minutes b. Acknowledgement of July 16, 2013 City Council Workshop Minutes c. Acknowledgement of July 16, 2013 City Council Minutes d. Acknowledgement of July 22, 2013 Joint City Council/Parks and Recreation Commission Minutes e. Accept June 2013 Fire Department Synopsis Report f Approval of Continuous Fire Permit for Mdewakanton Dakota Community Wacipi page 3 g. Approve Resolution 2013 -54 Plans and Specifications for Sibley Memorial Highway Trail Extension, Authorize Advertisement for Bids; and Approve Resolution 2013 -55 Limited Use Permit and Maintenance Agreements h. Approve Resolution 2013 -52 Accept Bids and Authorize Contract for 2013 Sanitary Sewer Rehabilitation i. Approval of Joint Powers Agreement with Dakota County for Lexington Avenue Trail j. Approve Resolution 2013 -53 Accepting Feasibility Report and Calling for a Public Hearing on the Victoria Road & Rolling Green Neighborhood Improvements k. Approval of Temporary On -Sale Liquor Licenses 1. Approval of Personnel Action Report m. Accept June 2013 Treasurer's Report n. Approval of Claims List o. Approval of Contractor List p. Appoint Planner Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEMS J) APPROVE RESOLUTION 2013 -53 ACCEPT FEASIBILITY REPORT AND CALL FOR A PUBLIC HEARING ON VICTORIA ROAD & ROLLING GREEN NEIGHBORHOOD IMPROVEMENTS AND L) APPROVAL OF PERSONNEL ACTION REPORT Mayor Krebsbach asked that these items be tabled as she would like to have the Budget Workshop before any action is taken on them. The Budget Workshop is scheduled for August 13, 2013. Councilmember Duggan mentioned that he would like for staff to do further research on the improvement project to ensure the residents are being assessed correctly. Councilmember Petschel supported the request as there is a watermain replacement in the improvement proposal. City Engineer John Mazzitello explained that the City typically schedules two projects a year; a rehabilitation project and a reconstruction project. However, in 2014 they are proposing only one project that would be both rehabilitation and reconstruction. This is the reason the price tag appears high. City Administrator Miller requested that only item one of the Personnel Action Report be pulled but the remaining two items be acted upon. Councilmember Duggan moved to table Consent Agenda Item 5J) APPROVE RESOLUTION 2013 -53 ACCEPTING FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING ON THE VICTORIA ROAD & ROLLING GREEN NEIGHBORHOOD IMPROVEMENTS until after the Budget Workshop scheduled for Tuesday, August 13, 2013 Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 August 6, 2013 Mendota Heights City Council Page 2 page 4 Councilmember Petschel moved to table Consent Agenda 5L) APPROVAL OF PERSONNEL ACTION REPORT, Item 1. Civil Engineer Promotion; and approve 5L) APPROVAL OF PERSONNEL ACTION REPORT, Item 2. Resignation of IT Manager and Item 3. Authorize Recruitment Process for IT Manager Position. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 N) APPROVAL OF CLAIMS LIST Councilmember Duggan explained there were a few items on the Claims List Summary that he had not seen before. He learned from staff that payment to A to Z Home Inspection was for inspections completed while the building inspector is on leave of absence. Councilmember Duggan requested an update on who Bargain Incorporated is and what trail maintenance was done. Mayor Krebsbach requested that all "other costs" be explained at the Budget Workshop, especially as they pertain to Public Works projects. Councilmember Duggan mentioned the payment made to ISD 197 every year for Sibley Park maintenance and the good relationship the City has with them. Councilmember Duggan moved to approve the Claims List. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 P) APPOINT PLANNER City Administrator Justin Miller explained the reorganized duties among staff and the new Planner position. Twenty -three applications were received, a staff panel conducted initial interviews, and additional interviews were conducted on the two finalists. Administrator Miller happily made the recommendation to hire Mr. Nolan Wall as Planner. Councilmember Norton moved to approve the hiring of Mr. Nolan Wall as Planner effective Monday, August 26, 2013. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS There were no public comments. August 6, 2013 Mendota Heights City Council Page 3 page 5 PUBLIC HEARING A) RESOLUTION 2013 -57 HOST CITY APPROVAL FOR LIL,YDALE ISSUANCE OF CONVENT OF THE VISITATION REVENUE NOTE Finance Director Kristen Schabacker explained that the city of Mendota Heights did not have capacity this year to fund the issuance of bonds for the Academy of the Convent of the Visitations' project so they are seeking funding through the city of Lilydale. As the host, the city of Mendota Heights is required to hold a public hearing to approve the issuance of these bonds. Dr. Dawn Nichols, Head of School of Convent of the Visitation explained the nature of this project at the July 16, 2013 City Council meeting. Mayor Krebsbach opened the public hearing. There being no comments or questions from the public, Councilmember Duggan moved to close the public hearing. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 Councilmember Duggan moved to adopt RESOLUTION 2013 -57 RESOLUTION GIVING HOST APPROVAL TO THE ISSUANCE OF A SERIES 2013 TAX - EXEMPT EDUCATIONAL FACILITY REVENUE NOTE UNDER MINNESOTA STATUTES, SECTIONS 469.152 THROUGH 469.1655 (THE ACADEMY OF THE VISITATION PROJECT). Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 PRESENTATIONS There were no presentations. UNFINISHED AND NEW BUSINESS A) WEST ST. PAUL /SIBLEY ICE ARENA FEASIBILITY STUDY DISCUSSION Mayor Krebsbach explained that the city of Mendota Heights received a proposal from the city of West St. Paul to participate on a task force to research options for replacement of the ice arena currently located in West St. Paul. The task force would be assisted by the Minnesota Amateur Sports Commission. Mayor Krebsbach wanted to make the public aware of a couple of important points: • School District 197 is not interested in participating in the construction, management, or maintenance of a hockey rink. • Approximately ten to twelve years ago, the city of Mendota Heights was approached by donors at St. Thomas Academy to participate in building a hockey rink on the academy grounds. At that time, it was determined that the city of Mendota Heights could not afford to get involved. -4ugust 6, 2013 Mendota Heights City Council Page 4 page 6 Mayor Krebsbach explained that the City is one of the contributors to what is called "fiscal disparities" The City has a levy of $6.5 million, most of which comes from the homes. The City contributes $1 million into the state's fiscal disparities pool every year, which are monies that the City does not have for other things. Mayor Krebsbach opened the floor for public comments on whether or not the City should participate in the task force. The following residents gave comments and explanations for their recommendation that the City of Mendota Heights participate in the task force: • Mr. Ted Kronschnabel, Mendota Heights — this is not just a Mendota Heights issue, includes other municipalities, no commitment of money is needed, just a study to determine feasibility. • Mr. Eric Tostrud, 1490 Somerset Court — Mendota Heights is part of a larger community when it comes to hockey, they are part of entire school district, a feasibility study will be provided at no cost and has value, this should be an easy choice and makes sense, 97 -98% of hockey arenas in the state are owned by cities. • Mr. Frank Freidman, 906 Mendakota Court — city of West St. Paul has recognized the value the current facility provides to their city, a significant number of Mendota Heights residents are involved in hockey, last year 215 youth out of the total of 387 youth were from Mendota Heights, there is a definite community need, the State of MN will provide us with this study at no cost, encouraged the Council to participate in the task force. • Ms. Karla Gotham, 1533 Dodd Road — their family travels to many different hockey arenas and the schedule gets very hectic with the traveling. • Mr. Joe Henry, 2554 Whitfield Drive — if we lose the West St. Paul arena, the association will have to use many other facilities and the schedule will be early morning or late night practices, encouraged Council to support the study. • Mr. Ted Cheeseborough, 880 Cheri Lane-- encouraged the Council to support the study, he saw a hockey facility go from possibility to reality in 1992 in the Centennial School District, it is now an asset to their community, ha was involved in the Schwan's Super Rink which has been a massive success, there are four thriving high school hockey programs in Mendota Heights. • Mr. Don O'Connor, 1023 London Road — there is no cost to have the study completed, encouraged Council to support the study. • Ms. Alicia McMonigal,1003 Chippewa Avenue — the study will gather the information needed, hockey brings people together. Councilmember Duggan expressed his appreciation to everyone who came forward to express their opinions and to the residents who contacted him; all were in favor of the City participating on the task force. He is also in support of participation in the task force but expressed his concern that it should be an objective study and list the pros and the cons going forward and _the costs financially. He suggested the City establish some parameters and direction on the composition of the task force. 40 % of the state's fiscal disnariti not the top or a maj or contributor. August 6, 2013 Mendota Heights City Council Page 5 page 7 Councilmember Povolny commented that the ice arena is a good idea for the community; however, there are six cities involved. The problem is the affordability and hockey rinks are a financial burden to cities. The Council needs to be fiscally responsible to the taxpayers in the City. Councilmember Petschel explained that she is struggling with what is the right thing to do. The decision the Council needs to make is based on affordability and being fiscally responsible. She believes the task force would find the arena feasible, that the cost will be millions, it will operate at a loss with ongoing expenses every year. The City will be included with six other cities in management and shared costs, there will be disagreements on the maintenance of it, and the City will have to bond to pay for its contribution and find money in the budget every year. Mayor Krebsbach explained her reasons for not participating in the task force; however, she also explained that non - participation does not mean the Council does not care but they have a lot of other aspects to look at. Participating on the task force would start the City down a road they may not be able or willing to travel. Councilmember Norton explained that the Council makes financial decisions based on need and expectations on what a governing body should provide (health, safety, and welfare). Government is not necessarily there to provide for the individual opportunities for a particular group of people or a particular person. They have to look at everything as a whole. This is a proposition that is guaranteed to lose money and would cost the City on an ongoing basis. The Council makes financial decisions very carefully and with as much information as possible. For that reason he would support participation in the feasibility study. He stated that if the Council decides to participate in the feasibility study, it is by no means any kind of guarantee that the City could actually afford to go forward with building the arena, let alone maintaining it. Councilmember Duggan moved that Mendota Heights participate in the feasibility study regarding an ice arena and that the City have a larger say in the conduct of the study through the task force. Councilmember Norton seconded the motion. Ayes: 2 (Duggan, Norton) Nays: 3 (Povolny, Petschel, Krebsbach) B) TOBACCO ORDINANCE UPDATE PRESENTATON Chief of Police Michael Aschenbrener gave an update on the tobacco ordinance. Police Department Intern Dan Husbands shared findings of his research on the changes in tobacco marketing and usage. He reviewed the draft ordinance. Mr. Husbands worked with the League of Minnesota Cities, the Ramsey Tobacco Coalition, and the city attorney. Councilmember Povolny asked if the proposed ordinance would prohibit stores like The Perfect Ash. Mr. Husbands explained that it would not prohibit the store itself, but would prohibit smoking inside the store. Councilmember Duggan suggested the following: • the addition of designer drugs (i.e. artificial weed and K2) • the term `bath salts' be changed to `bath salts and derivatives' -4ugrust 6, 2013 Mendota Heights City Council Page 6 page 8 • the addition of required signage on smoking facilities (i.e. hookah lounges) that anyone under the age of 18 are prohibited. Chief Aschenbrener requested that any other suggestions the Council may have be forwarded to him. The draft ordinance will be updated with the suggestions made and reviewed by City Attorney Tom Lehmann before being brought back to the Council for approval. C) RESOLUTION 2013 -56 SUPPORT FOR DAKOTA COUNTY MENDOTA- LEBANON HILLS REGIONAL GREENWAY MASTER PLAN City Engineer John Mazzitello explained that Dakota County has been developing a master plan for the Mendota - Lebanon Hills Regional Greenway. At the June 18, 2013 Council meeting, staff gave a brief summary overview of the master plan and at the July 16, 2013 work session, County staff presented their plan. Based on the comments from the Council, the County has made revisions to their master plan and will be taking the master plan to the Board of Commissioners on August 20, 2013. They are asking for a resolution of support from the city of Mendota Heights. Mayor Krebsbach requested that the City's preferred route of Dodd Road rather than through Friendly Marsh Park be added to the resolution. Councilmember Petschel recommended that this resolution not be passed since Friendly Marsh Park is still the preferred route for the trail. Mr. Mazzitello introduced Mr. John Mertens from Dakota County to answer the Council's questions. Councilmember Povolny suggested that the resolution be revised to state that the City supports the Dodd Road alternative and not the Friendly Marsh Park route. Mayor Krebsbach further clarified that the City supports the plan that crosses Decorah Avenue and the final alignment along Dodd Road to Mendota Heights Road, then along Mendota Heights Road. City Administrator Justin Miller suggested the section, which currently reads "NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mendota Heights hereby supports Dakota County's master plan for the Mendota - Lebanon Hills Regional Greenway" be edited to read "NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mendota Heights hereby supports Dakota County's alternative greenway alignment as presented in the draft Mendota - Lebanon Hills Greenway Concept Plan as seen on Dakota County's figure 31 and does not in any way support a route that goes through Friendly Marsh Park ". Mayor Krebsbach further requested that the map (Figure 31), the Council's preference, be clearly identified, which was agreed upon. She also r-equested that the r-eseltition identify Haber- Dr ,° as ^* being pr-6ar-able, whiek was not agreed tipen. Councilmember Petschel moved to adopt Resolution 2013 -56, A RESOLUTION SUPPORTING THE MENDOTA- LEBANON HILLS REGIONAL GREENWAY with the revised NOW, THEREFORE, BE IT RESOLVED section proposed by City Administrator Miller. Councilmember Duggan seconded the motion. -4ugust 6, 2013 Mendota Heights City Council Page 7 Ayes: 5 Nays: 0 COMMUNITY ANNOUNCEMENTS page 9 Assistant to the City Administrator Tamara Schutta gave the following announcements: • Annual Community Carnival & Car Show, August 17 11:00 a.m. to 4:00 p.m., South Plaza Drive • Police Department offers two services: • Free car seat installation by appointment — call 651- 452 -1366 or register on -line • Home checks while residents are on vacation —call 651- 452 -1366 or on -line COUNCIL COMMENTS Councilmember Povolny explained that of the three years he has been on the Council, this is probably the most difficult meeting. It was hard to make the ice arena decision but he believes they made the right decision for the community. He also attended the Night to Unite event in his neighborhood and had a very fun time. Councilmember Petschel commented on her attendance at four Night to Unite events and took special notice of the gathering on Cherry Hill. She also noted that residents are taking time to watch the horses grazing at Pilot Knob and it has become a large topic of discussion. She gave kudos to the City's announcements on Facebook as they are being done extremely well. She also gave recognition to Sloan Wallgren for the Parks and Recreation reports showing an upswing in participation. She attended her first PB &E (planning, building, and environment) meeting at the MAC and had her first greetings with the MAC commissioners since the difficult November meeting. Councilmember Duggan recognized that some residents are upset that the standing garage on Bluebill appears to have some business or operation out of it. However, because of privacy laws the City cannot verify that but he promised he would bring it up to staff. Mayor Krebsbach expressed her appreciation to all of the residents who came forward to speak regarding the Ice Arena Task Force and commended the Councilmembers for their thoughtful comments. She welcomed Planner Nolan Wall and knows he will do a great job. I_�7�1i1:�►i Councilmember Duggan moved to adjourn. Councilmember Petschel seconded the motion. Ayes: 5 -4ugust 6, 2013 Mendota Heights City Council Page 8 Nays: 0 Mayor Krebsbach adjourned the meeting at 10:06 p.m. Sandra Krebsbach Mayor ATTEST: Lorri Smith City Clerk page 10 August 6, 2013 Mendota Heights City Council Page 9 page 11 5b. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, August 20, 2013 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 Norton. 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 Norton 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 A) Acknowledgement of August 6, 2013 City Council Minutes and F) Accept Retirement of Firefighter Bret Blaeser. a. Acknowledgement of August 6, 2013 City Council Minutes b. Acknowledgement of August 13, 2013 City Council Workshop Minutes c. Acknowledgement of August 13, 2013 Parks and Recreation Commission Minutes d. Acknowledgement of August 14, 2013 Airport Relations Commission Minutes e. Accept July 2013 Fire Department Synopsis Report f Accept Retirement of Firefighter Bret Blaeser g. Appointment of Permanent Firefighters h. Receipt of July 2013 Par 3 Report i. Approval of Fleet Safety Program j. Approval of Massage Therapy License August 20, 2013 Mendota Heights City Council Page I page 12 k. Approval of Personnel Action Report 1. Approval of Police Department Out -of -State Travel Request m. Receipt of July 2013 Treasurer's Report n. Approval of Claims List o. Approval of Contractor List Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEMS A) ACKNOWLEDGEMENT OF AUGUST 6, 2013 CITY COUNCIL MINUTES Councilmember Petschel suggested that a sentence under UNFINISHED AND NEW BUSINESS C) "Resolution 2013 -56 Support for Dakota County Mendota - Lebanon Hills Regional Greenway Master Plan" be removed as it was unnecessary. In reference to UNFINISHED AND NEW BUSINESS A) West St. Paul /Sibley Ice Arena Feasibility Study Discussion, Councilmember Duggan noted that the residents who attended the meeting and made comments were poorly represented. They should have received more consideration in the minutes. He also noted that his clarifying comment in regards to fiscal disparities should have been included. Councilmember Petschel commented that she sees no inaccuracies in the minutes but does understand the inclusion of Councilmember Duggan's fiscal disparities clarification. Councilmember Norton moved to table Item 5a "Acknowledgement of August 6, 2013 City Council Minutes" until the next City Council meeting. Councilmember Duggan seconded the motion. Councilmember Petschel stated that she was happy with tabling the minutes and reviewing them prior to the next City Council meeting. Councilmember Duggan expressed his desire to have the main points of the residents comments in regards to the ice arena included in the minutes. City Administrator Justin Miller agreed to have all of the suggested changes made. There being no additional discussion, Mayor Krebsbach called for the vote. Ayes: 5 Nays: 0 F) ACCEPT RETIREMENT OF FIREFIGHTER BRET BLAESER Councilmember Duggan commented that Firefighter Bret Blaeser has given twenty years of exemplary service to the community as a firefighter, as a businessman, and through his efforts with the Relief Association. He would be missed. Councilmember Duggan moved to regretfully accept the retirement of Firefighter Bret Blaeser. August 20, 2013 Mendota Heights City Council Page 2 page 13 Councilmember Petschel seconded the motion. Councilmember Petschel made the observation that Firefighter Bret Blaeser had exquisitely planned everybody else's retirement parties and she was looking forward to attending his. There being no further discussion, Mayor Krebsbach called for the vote. Ayes: 5 Nays: 0 PUBLIC COMMENTS Ms. Megan Roach, 1726 Sutton Lane, commented that she would like the Council's help on two issues; 1) cell phone reception issues, and 2) airplane flight patterns. In regards to the airplane flight patterns, Ms. Roach stated that she moved to her current residence to get away from airplane noise. The first few years it was fine but in the last couple of years there has been an increase. The planes are clearly going over and cutting before Delaware when the pattern should be Highway 110 to Delaware. She requested help in getting this issue sorted out. Mayor Krebsbach replied that Councilmember Petschel is the Chair of the Noise Oversight Committee. Councilmember Petschel stated that she has been made aware of the issues. She explained that with Flight Tracker, the information about complaints can be retrieved quickly. Councilmember Petschel also explained that the reason for some of the current issues is the recent turnover of Air Traffic Controllers. The tower supervisors, when they receive information on an issue, make the air traffic controllers aware of the complaints and have an in- service educational session. Councilmember Petschel also noted that Bemidji Air is allowed to fly outside of the corridor because of the type of plane they use. They are instructed to get out of the corridor as quickly as possible. Mayor Krebsbach also informed Ms. Roach of the Airport Relations Commission. In regards to poor cell phone reception, Ms. Roach stated that she works out of her home and has tried all carriers, all types of phones, getting special modems, and she continues to have issues. She believes that with cell phone usage on the rise, this could become a safety issue. Mayor Krebsbach commented that this has been an ongoing problem, but the challenge is all of the valleys in the area. She asked if staff had any recommendation on a carrier that seems to be better positioned for Ms. Roachs' part of the city. City Administrator Justin Miller replied that this came up a couple months ago at City Council and, as a result, staff did reach out to a couple of brokers who handle cell phone towers. Staff had a meeting with one and he was looking in an area that was a dead spot for some of his groups. Staff believes it would be just a matter of time when the carriers get to the city and decide it is a priority for them to locate a tower within Mendota Heights. Ms. Roach asked why tower placement requests have been previously denied by the City. Mayor Krebsbach stated Mendota Heights is one of the key spots for towers because of its height. When August 20, 2013 Mendota Heights City Council Page 3 page 14 Mendota Plaza had just been improved, the City turned down a request to install a tower at that location. It was decided to put the antennas on Sibley and at Eagle Ridge. Mendota Heights has antennas on top of the Mendota Heights water tower, a mono -pole on Northland Drive, and other locations. The challenge is the hills in the area. Ms. Roach expressed her appreciation for the information but asked to hear what the plan is for improvements. Mayor Krebsbach explained that should someone come forward with a cell tower proposal, the City would be very happy to hear their presentation. Councilmember Duggan stated that he has suggested in the past that the City invite all of the major carriers to come and review what they can do to help the City solve this issue. Councilmember Povolny commented that he also does not have good cell coverage at his home and would be very interested in reviewing a proposal. However, the Council also has to take into consideration the pros and cons of the locations of the towers. Mayor Krebsbach requested that staff provide an update at a future meeting on the result of the proposed tower location at city hall. She asked if that was the tower that was placed in Eagle Ridge. Mr. Bruce Bobbitt, 2455 Hampshire Court, came forward seeking clarification on the approved resolution [Support for Dakota County Mendota - Lebanon Hills Regional Greenway Master Plan] that was passed by the Council on August 6, 2013. He asked what the legal status is and who would make the final determination about the location of the greenway. City Engineer John Mazzitello commented that County staff is presenting the master plan to the County Board of Commissioners. Based on what they approve, that would be the master plan that the County would have going forward, and what they would intend on using to seek grant money and other funding opportunities to build the individual projects that are listed within that master plan. Of the two alternatives that are in the master plan for the Mendota - Lebanon Hills Regional Greenway, the county staff's preferred alternative is a boardwalk across Friendly Hills Marsh. The other alternative alignment would bring the trail down CDA owned property, and come out at Decorah and Dodd; follow along the east side of Dodd Road to Mendota Heights Road; and use the existing Mendota Heights Road Trail over to Kensington Park, where it would cut to the southeast to the Delaware /494 crossing and enter Inver Grove Heights. This alternative alignment, the one that the Council put in their resolution as their preference, would not utilize Huber Drive as part of the greenway. Mayor Krebsbach asked what recourse the City has should the County approve the boardwalk alternative. City Engineer Mazzitello replied that at this point in the process they are approving the master plan; they are not approving the project. The County Board of Commissioners could very well say that they are only going to look at this alignment and not look at any alternatives; however, it would be difficult for them to obtain any grant money with that plan. The likelihood is the plan would still contain both alternatives through Mendota Heights. Once the funding is obtained and they start the design of a project that includes crossing the marsh, they would have to obtain a wetland permit from the City of Mendota Heights. August 20, 2013 Mendota Heights City Council Page 4 page 15 Mr. Bobbitt clarified that his concern is the quality of life changes the greenway trail would present. The greenway trail would bring more bike traffic through the neighborhood and he expressed concern about the intrusion. The residents that he spoke with had no knowledge that this trail through their neighborhood was being considered. Councilmember Duggan assured Mr. Bobbitt that the residents would receive ample notification of any changes being made through their neighborhood. PUBLIC HEARING A) NPDES/MS4 PHASE II STORM WATER PERMIT PRESENTATION Assistant City Engineer Ryan Ruzek explained that the City is in the final year of their original permit through the Pollution Control Agency, which is a federally mandated program. They adopted a second generation permit in June 2013; Mendota Heights is in the third group of cites and is required to apply for the next year's coverage by December 31, 2013. Under the current permit, there are six minimum control measures: 1. Public Education and Outreach 2. Public Participation /Involvement 3. Illicit Discharge Detection and Elimination 4. Construction Site Runoff and Control 5. Post - Construction Runoff Control 6. Pollution Prevention /Good Housekeeping Ruzek listed the best management practices that the City had adopted and completed this year to address these minimum control measures. Councilmember Duggan asked if the Gun Club Lake WMO and the Lower Mississippi River WMO had been combined yet. Ruzek replied that those have not been combined; however, at the September 3, 2013 Council meeting there would be an item on the agenda on possibly leaving the Gun Club Lake MSO and having the entire city of Mendota Heights in the Lower Mississippi River WMO. Councilmember Duggan asked if there had been any feedback that more residents are trying to comply with the regulations and suggestions for stormwater control. Ruzek answered that there are always people within a neighborhood that are very interested. He encourages them to speak to their neighbors and get everyone on the same page as far as water quality. Councilmember Duggan asked how well pervious pavers work for driveways to a garage. Ruzek had no experience with them on a residential property. However, Cemstone installed a system in their parking lot which seems to be working quite well. Councilmember Duggan suggested that staff provide homebuilders with information on pervious materials. Mayor Krebsbach opened the public hearing and asked for comments from the public. August 20, 2013 Mendota Heights City Council Page 5 page 16 There being no public comments, Councilmember Duggan moved to close the public hearing. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 None. UNFINISHED AND NEW BUSINESS COMMUNITY ANNOUNCEMENTS Assistant to the City Administrator Tamara Schutta made the following announcements: -- Highway 149 and Highway 110 Pedestrian and Safety Improvement Project begins on August 21, with completion expected by September 16. -- Reminder that school starts on September 3, 2013. Be aware of children and school buses. Councilmember Duggan reminded everyone of the Market Square Concert Series; the next one is scheduled for August 21 — "Kids Dance" — with DJ, dancing, face painting, petting zoo, and gifts. COUNCIL COMMENTS Councilmember Norton wished Councilmember Duggan a Happy Birthday. Councilmember Petschel pointed out that some residents have been receiving the Sunfish Lake & Copperfield Living newsletter. She referred to an article on Diana Shandler who was a teacher of art at the K -12 level at Visitation. She is having an art show at the Adobe Gallery in Stockholm, MN. Councilmember Duggan read a portion of a note he received from one of his neighbors in regard to airplane noise and made other comments in that regard. He also stated that there is a dance floor available should the City choose to purchase one with Mendota and Lilydale. Lilydale would store the dance floor for their Lilydaze festival, and Mendota used it for their Mendota Days. Mendota Heights could also use it for celebrations. He mentioned that concerns have been raised about the condition and appearance of the Marie Park area. Another resident asked if Wagon Wheel would be getting new grass to replace the grass that died last year (he has since been informed that it would be replaced in September or October). Mayor Krebsbach stated that residents have spoken to her about the possibility of Mendota Heights having an art gallery. She would like to see an art exhibition or showing in the area. ADJOURN Councilmember Povolny moved to adjourn. Councilmember Petschel seconded the motion. August 20, 2013 Mendota Heights City Council Page 6 Mayor Krebsbach adjourned the meeting at 8:07 p.m. Sandra Krebsbach Mayor ATTEST: Lorri Smith City Clerk page 17 August 20, 2013 Mendota Heights City Council Page 7 page 18 5c. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES August 27, 2013 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, August 27, 2013, in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. The following Commissioners were present: Vice -Chair Doug Hennes, Commissioners Michael Noonan, Robin Hennesey, Mary Magnuson, and Ansis Viksnins. Those absent: Chair Litton Field, Jr. and Howard Roston. Those present were Planner Nolan Wall, Public Works Director /City Engineer John Mazzitello, and Consultant Planner Stephen Grittman. Tntrndurtinn Vice -Chair Doug Hennes welcomed and introduced the City's new Planner, Mr. Nolan Wall, AICP. Approval of June 25, 2013 Minutes COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO APPROVE THE MINUTES OF JUNE 25, 2013, AS PRESENTED. AYES: 5 NAYS: 0 ABSENT: 2 Hearinzs PLANNING CASE #2013 -12 Karla Gotham, 1533 Dodd Road Conditional Use Permit for Fence Installation Consultant Planner Grittman presented the request and explained that the property in question is a single family parcel that is occupied by a single family home, on the northwest corner of Dodd Road and 4th Avenue. The applicant was seeking approval to construct a four foot high chain - link fence around the rear yard to prevent children from running into the street. Because the fence segment along the south property lines lies within 30 feet of the 4th Avenue right -of -way and exceeds 36" in height, per the Zoning Ordinance a conditional use permit is required. The owner has already constructed the fence due to grant funding timeline restrictions but was made aware that the construction was dependent on the granting of the conditional use permit and did the construction at their own risk. Staff recommended approval of the conditional use permit. August 27, 2013 Mendota Heights Planning Commission Meeting Page I page 19 Commissioners asked questions pertaining to the current galvanized fencing materials and the reasons for staff recommending the chain link be treated to avoid the galvanized finish, what would need to be done to bring the fence within the code guidelines, and the cost to treat the chain link fence. Ms. Karla Gotham was in attendance and shared photographs of the fence. She also shared photographs of chain link fences in the neighborhood that are galvanized and explained her desire to keep that look. It was noted that the treatment of the galvanized chain link fence is a recommendation only and not a requirement for approval of the conditional use permit. Vice -Chair Hennes opened the public hearing. Seeing no one coming forward wishing to speak, Vice -Chair Hennes asked for a motion to close the public hearing. COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER MAGNUSON, TO CLOSE THE PUBLIC HEARING. AYES: 5 NAYS: 0 ABSENT: 2 COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER NOONAN, TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT FOR FENCE CONSTRUCTION GREATER THAN 36" IN A REQUIRED YARD ADJACENT TO A RIGHT -OF -WAY AS PROPOSED BY THE APPLICANT, BASED ON THE FOLLOWING FINDINGS OF FACT: 1. The proposed project will not further impact traffic visibility at the Dodd Road /4th Avenue intersection. 2. The proposed fence type and height are consistent with Ordinance requirements, with the recommendation that the chain link fence is finished to avoid a galvanized finish. 3. The fence is compatible with the established character in the area and will not negatively impact any neighboring properties. AYES: 5 NAYS: 0 ABSENT: 2 Vice -Chair Hennes advised the City Council would consider this application at its September 3, 2013 meeting. August 27, 2013 Mendota Heights Planning Commission Meeting Page 2 page 20 PLANNING CASE #2013 -13 Alliant Engineering for Scannell Properties at Southwest corner of Lemay Road and Commerce Drive Setback Variance for Office/Warehouse Building Consultant Planner Grittman shared an ima e of the property location, designated at Lot 1, Block 2 of the Mendota Heights Business Park 4' Addition, for a proposed office /warehouse building. The site is surrounded by Commerce Drive on the south and west side and Lemay Avenue on the north side. The applicants were seeking to construct an office /warehouse building of nearly 72,000 square feet. The proposed building would have three office spaces of approximately 4,800 square feet each with access points on the west and south sides of the building. The remainder of the building would be warehouse space with dock access along the east side of the building. The way the property is proposed to be designed and set up would require three variances; two parking setback variances and one building setback variance. Code requires parking circulation areas to be set back from the property line 20 feet and the proposal has setbacks of 10 feet on the south and west sides. The building setback variance is being requested to accommodate some encroachments for the corners of the building. The Code requires a setback of 40 feet and these building additions would extend to within 30 or 32 feet of the right -of -way line along the north side. Consultant Planner Grittman continued by explaining that to approve variance requests the City must find that the proposed setbacks for the building and parking areas constitute a reasonable manner of use, and that the conditions leading to the variance are unique to the property in question, not created by the applicant, and would be consistent with the character of the neighborhood in which the property is located. Planning staff recommended denial of the building setback variance as the applicants can meet the setback requirements with minor modifications to the building, and the conditions resulting in the setback encroachments do not appear to be unique to the site, but are the result of the building design. Planning staff recommended denial of the variance to the parking setback along Commerce Drive to the south as a minor reduction in the length of the building would impact only about 2% of the space and provide the required setback, as well as permit the parking area to meet the full dimension identified in the zoning ordinance. The applicant would also have the option of eliminating some of the parking in this area since the site plan has more parking than required by the Code. Planning staff recommended approval of the variance to the parking setback along Commerce Drive to the west. The dimensions of the site, along with the needs of loading area circulation, appear to interfere with reasonable use of this area, and appear to justify the reduced parking setback. August 27, 2013 Mendota Heights Planning Commission Meeting Page 3 page 21 Commissioners asked questions regarding the necessary building and parking lot modifications to comply with code requirements. Mr. Tim Elam of Scannell Properties was in attendance to address concerns, explain the design of the proposed building, and the reasons for the requested variances. He also explained that they are willing to work with the City on landscaping plans to enhance the view. Commissioners asked questions in regard to the "practical difficulties" the applicant would be facing in not meeting the ordinance and architectural design modifications. Vice -Chair Hennes opened the public hearing. Seeing no one coming forward wishing to speak, Vice -Chair Hennes asked for a motion to close the public hearing. COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER HENNESEY, TO CLOSE THE PUBLIC HEARING. AYES: 5 NAYS: 0 ABSENT: 2 COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO RECOMMEND APPROVAL OF PARKING SETBACK VARIANCE — WEST PROPERTY LINE BASED ON THE FOLLOWOING FINDINGS OF FACT: 1. Common width and loading area circulation needs constricts the usable area of the property from east to west. 2. A 10 -foot parking setback is not uncommon in the immediate neighborhood for industrial property. 3. Additional landscaping along the parking boundary will help to mitigate the impacts of the parking area encroachment along the west frontage. 4. Parcels across Commerce Drive from this encroachment are not likely to be impacted by the variance as proposed. 5. Use of the property — with the building width as designed — is a reasonable one for the site in question. WITH ONE ADDITIONAL FINDING: 6. The proposed site is irregular in shape, is bounded by public streets on three sides, and the narrowness of the east/west dimension poses practical difficulties. Commissioner Noonan commented that he heard the applicant suggest they would work with staff to enhance the landscaping and asked if there was a way to condition those discussions as part of the granting of the variance. Consultant Planner Grittman replied that would be permissible. August 27, 2013 Mendota Heights Planning Commission Meeting Page 4 page 22 COMMISSIONERS MAGNUSON AND VIKSNINS AGREED TO ADD THAT CONDITION TO THE MOTION. AYES: 5 NAYS: 0 ABSENT: 2 COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER NOONAN, TO RECOMMEND APPROVAL OF PARKING SETBACK VARIANCE — SOUTH PROPERTY LINE, BASED ON THE FOLLOWING FINDINGS OF FACT: 1. Full "front- yard" setbacks on both north and south property lines restrict the ability to design parking areas on the south side of the building accessible to the proposed office. 2. A 10 foot parking setback is not uncommon in the immediate neighborhood for industrial property. 3. Additional landscaping along the parking boundary will help to mitigate the impacts of the parking area encroachment along the west frontage. 4. Parcels across Commerce Drive from this encroachment are not likely to be impacted by the variance as proposed. 5. Use of the property is a reasonable one for the site in question, and adhering to the additional parking setbacks on both frontages interferes with this reasonable use. AND WITH THE FOLLOWING CONDITION: 1. The applicant shall work with City staff on the landscaping plan to enhance the property. AYES: 5 NAYS: 0 ABSENT: 2 COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER NOONAN, TO RECOMMEND DENIAL OF BUILDING SETBACK VARIANCE, BASED ON THE FOLLOWING FINDINGS OF FACT: 1. The parcel on which the building is proposed is a fully conforming parcel under the zoning regulations, with no unique conditions such as topography or restrictions that limit its use. 2. The site in question is larger in all dimensions than the minimum requirements of the code, and can accommodate many design and site planning options. 3. Reasonable use can be made of the property without variance with building architecture that reflects the site. 4. Any difficulties in utilizing the site are the result of actions of the applicants through design and use of the building. Commissioner Hennesey asked if Findings of Fact #1 should read "with no unique conditions" when the Commission just approved two variances based on unique conditions. Consultant Planner Grittman replied that the intent of this finding is to speak to the variance requirements but also to distinguish the variance as it applies to the building versus variance that applies to other site improvements, such as parking. The reading of the application was that a building August 27, 2013 Mendota Heights Planning Commission Meeting Page 5 page 23 could be done with very minor modifications to meet the setback requirements; however, the parking issues were distinct from that because of the setbacks and how they impact the site differently than how they impact the building. He believed that this finding did not raise any conflicts between how the Commission treated the parking versus the building. He suggested that finding #1 could be changed to read "with no unique conditions related to building placement ". COMMISSIONERS VIKSNINS AND NOONAN AGREED TO THE CHANGE OF FINDING OF FACT #1. AYES: 5 NAYS: 0 ABSENT: 2 Vice -Chair Hennes advised the City Council would consider this application at its September 3, 2013 meeting. Verbal Review Public Works Director /City Engineer John Mazzitello, gave the following verbal review: PLANNING CASE #2013 -08 Rebekah Villafuerte Conditional Use Permit • Approved by the City Council as recommended by the Planning Commission. PLANNING CASE #2013 -09 British Petroleum Fuel Setback Variances • Approved by the City Council as recommended by the Planning Commission. PLANNING CASE #2013 -10 Curt Hopman Conditional Use Permit • Approved by the City Council as recommended by the Planning Commission. VICE -CHAIR HENNES ADJOURNED THE MEETING AT 7:45 P.M. August 27, 2013 Mendota Heights Planning Commission Meeting Page 6 page 24 1101 Victoria Curve I Mendota Heights, M 5d . 651.452.1850 phone I 651.452.8940 ax www.mendota- heights.com CITY OF MENDOTA HEIGHTS DATE: September 3, 2013 TO: Mayor, City Council, and City Administrator FROM: Terry Sullivan, Facility Manager SUBJECT: City Hall Gutter/Downspout Proj ect BACKGROUND City Hall has been having issues with drainage and icing during the winter months. This has been creating hazards to staff and the public. New custom gutters and downspouts on the north and east sides of the building will help alleviate some of these issues. Currently there are no gutters or downspouts in this area. The new materials will be of the same metal gauge, profile and color to match the rest of the gutter and downspout system. Two quotes were solicited for this project. The contractors solicited were, Les Jones Roofing, and R.K. Hunter Co. The R.K. Hunter Co. had the lowest quote of $6,105. BUDGETIMPACT The low quote for this project falls below the 2013 budgeted amount of $10,000. RECOMMENDATOIN If Council agrees with the staff's recommendation, pass a motion by simple majority vote authorizing staff to execute a purchase order for the quote by R.K. Hunter Company. page 25 5e. 1101 Victoria Curve I Mendota Heights, M 651.452.1850 phone 1 651.452.8940 fax www.mendota- heights.com m* CITY OF MENDDTA HEIGHTS DATE: September 3, 2013 TO: Mayor and City Council FROM: Justin Miller, City Administrator SUBJECT: Demolition Contract for 2454 Lemay Lake Road BACKGROUND In 2012 the city acquired a single - family house at 2454 Lemay Lake Road. This acquisition was the latest in a series of transactions to assemble land for future redevelopment in the area. The fire department has been using the structure as a training facility for the past several months, and once all appropriate permits are received, they will conclude their training on the house by using it in a live burn exercise. Once this exercise is complete, the city will need to demolish and dispose of the remains. Staff solicited quotes for this final demolition and received two proposals. The quotes received are: PAC Company $14,500 Genadek Landscaping and Excavating $15,900 BUDGET IMPACT Costs for this project will come from Fund 13, which has sufficient funds for this request and has been used for all acquisition /demolition expenses for the properties in this area. RECOMMENDATION Staff recommends that the Mendota Heights City Council approve a contract with PAC Company for the demolition of 2454 Lemay Lake Road. This action requires a majority vote of the city council. page 26 1101 Victoria Curve I Mendota he 5f. 118 651.452.1850 phone I 651.452.8 4 ax www rnendota- heights.com z � CITY OF MENDOTA HEIGHTS DATE: September 6, 2013 TO: Mayor, City Council, and City Administrator FROM: Lorri Smith, City Clerk SUBJECT: Temporary On -Sale Liquor License for St. Thomas Academy INTRODUCTION Pursuant to City Code, no person shall sell or give away intoxicating liquor, wine or 3.2 percent malt liquor without first having received a license. Temporary On -Sale Liquor licenses can be granted only to clubs and charitable, religious or nonprofit organizations that have been in existence for at least three years. No organization shall be granted more than two temporary liquor licenses in any calendar year. No license shall be issued for more than three days. The licenses are subject to final approval by the Director of Alcohol and Gambling Enforcement. DISCUSSION St. Thomas Academy, located at 949 Mendota Heights Road, is planning to hold their annual reunion weekend activities at St. Thomas Academy on October 3 - 6, 2013. The events will take place as follows: • Thursday, October 3, from 5:00 p.m. to 8:00 p.m. in the O'Shaughnessy Gym for the Senior Stag Dinner, and from 6:30 — 9:30 p.m. in the Holtz Gym (new building) for the Taste of STA • Friday, October 4, from 4:30 — 6:30 p.m. in the school cafeteria for the Athletic Hall of Fame inductees dinner • Sunday, October 6, from 12:00 — 3:00 p.m. in the new building for family day They have requested a Temporary On -Sale Liquor license to allow for the sale of alcoholic beverages at the events. Please find the request from St. Thomas Academy attached. Security will be present during the Thursday evening event. St. Thomas Academy has submitted a complete application and a certificate of insurance for showing liquor liability for the event. It should be noted that Temporary On -Sale Liquor licenses have been issued in the past to St. Thomas Academy and other charitable, nonprofit and religious organizations within the city with no incidents or negative reports. RECOMMENDED ACTION Staff recommends the City Council approve a Temporary On -Sale Liquor License for St. Thomas Academy for October 3, 4, and 6, 2013, subject to approval of the Director of Alcohol and Gambling Enforcement. SAINT THOMAS ACADEMY page 27 Ms. Lorri Smith City Cleric City of Mendota Heights 1101 Victoria Curve Mendota Heights, Minnesota 55118 Dear Ms. Smith, I am writing to request a temporary on -sale liquor license from the city of Mendota Heights for our reunion weekend activities at Saint Thomas Academy. Our reunion weekend activities begin on Thursday, October 3, 2013 with our Senior Stag Dinner for graduates from 1963 and prior which takes place from 5:00 - 8:00 p.m. That event will be held in the O'Shaughnessy Gym. That same night we are also hosting an event called the Taste of STA for the balance of our graduates and the parents of current students. That event will take place from 6:30 — 9:30 p.m. in our new building in the Holtz Gym. Friday, October 4, 2013 we will honor our Athletic Hall of Fame inductees with a dinner. That will take place in the school cafeteria from 4:30 — 6:30 p.m. There are no events scheduled for Saturday, October 5, 2013. On Sunday, October 6, 2013 the STA Class of 1988 will be hosting a family day on campus. This celebration will be located in our new building from Noon until 3:00 p.m. I have enclosed the application and a certificate of insurance for liquor liability from our carrier. Thank you for your consideration Sincerely, - Michael P. Maxwell '84 Director of Annual Giving and Alumni Relations 955 LAKE DRIVE - MENDOTA HEIGHTS, MINNESOTA 55120 ANNUAL FUND: 651.683.1577 - ALUMNI RF.LATIONs: 651.683.1593 - WWW.CADETS.COM page 28 1101 Victoria Curve I Mendota Heights. f 651.452.1850 phone 1 651.452.8940 ax www.mendota- heights.com m* CITY OF MENDOTA HEIGHTS DATE: August 29, 2013 TO: Mayor, City Council and City Administrator FROM: Nolan Wall, Planner SUBJECT: A Resolution Approving a Conditional Use Permit at 1533 Dodd Road BACKGROUND Karla Gotham submitted a planning application to construct a fence greater than 36" high within a 30' setback at 1533 Dodd Road. The property is guided low density residential, zoned R -1 One - Family Residential, and used as a single - family home. Steve Grittman of NAC Planning presented the request to the Planning Commission at their regular meeting August 27, 2013. This type of fence request is allowed with a conditional use permit. Under the conditional use permit, a fence may be placed up to the property line. In this request, the applicant is seeking to place the fence along the 4th Avenue right -of -way line. Ms. Gotham explained to the Commission that she was constructing the fence to protect against children running from the yard into the street. The applicant obtained funding from Dakota County and a galvanized steel fence has already been constructed in the proposed location due to the funding timeline requirements. City staff made the applicant aware that any construction prior to conditional use permit approval was subject to removal or relocation if not approved. In addition, the Planning Commission recommended the fence be painted black but not as a condition of approval. The Planning Commission conducted a public hearing, there were no comments. BUDGETIMPACT N/A RECOMMENDATION The Planning Commission recommended approval of the conditional use permit as described in planning case 2013 -12. If City Council desires to implement this recommendation, pass a motion adopting RESOLUTION 2013 - ## APPROVING A CONDITIONAL USE PERMIT FOR A FENCE GREATER THAN THIRTY -SIX INCHES WITHIN THIRTY FEET OF A PUBLIC RIGHT -OF -WAY AT 1533 DODD ROAD. This matter requires a simple majority vote. page 29 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2013 - 59 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A FENCE GREATER THAN THIRTY -SIX INCHES WITHIN THIRTY FEET OF A PUBLIC RIGHT -OF -WAY AT 1533 DODD ROAD WHEREAS, Karla Gotham has applied for a conditional use permit for a fence greater than thirty -six inches in height Within the 30 -foot setback at 1533 Dodd Road (PID 27- 71200 -00 -020, Lot 2, Somerset West Replat) as proposed in planning case 2013 -12; and WHEREAS, the Planning Commission held a public hearing on this matter at their regular meeting August 27, 2013. NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council that a conditional use permit as outlined in planning case 2013 -12 is hereby approved With the following findings of fact: 1. The proposed proj ect will not further impact traffic visibility at the Dodd Road /4th Avenue intersection. 2. The proposed fence type and height are consistent With City Code requirements, with the recommendation that the chain link fence is painted to avoid a galvanized finish. 3. The fence is compatible With the established character in the area and will not negatively impact any neighboring properties. Adopted by the City Council of the City of Mendota Heights this third day of September, 2013. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST Lorri Smith, City Clerk page 30 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: Mendota Heights Planning Commission FROM: Stephen Grittman DATE: August 22, 2013 MEETING DATE: August 27, 2013 SUBJECT: Fence CUP CASE NO: NAC Case 254.04 - 13.12 APPLICANT(S): Karla Gotham LOCATION: 1533 Dodd Road ZONING: R -1, Single Family Residential GUIDE PLAN: Low Density Residential Background and Description of Request: The applicant is seeking approval of a conditional use permit to place a four foot high chain link fence in a required yard adjacent to a public right -of -way (4th Avenue). The Zoning Ordinance states that fences in such required yards cannot exceed 36" without the granting of a conditional use permit. The applicant's property is a "corner lot" and is accessed from the south via 4th Avenue, but has frontage along Dodd Road. The proposed fence is to enclose the rear yard area of the site, including access gates attached to the rear building line of the existing house, extension of the fence along 4th Avenue as noted, and connection along the rear (west) property line to attach to an existing neighbor's fence along the north property line. Analysis: The applicant is proposing to fence the rear yard of her property. The fence is intended to contain the rear yard and protect against children running from the yard into the street. page 31 Because the fence segment along the south property line lies within 30 feet of a public right -of -way (4t" Avenue) and exceeds 36" in height, the processing of a conditional use permit is required. The applicant has not specified the proposed setback of the fence, but it appears to be located along the 4t" Avenue right of way line, based on the drawing submitted with the application. The CUP provision for such fences was enacted to permit the City to evaluate the conditions on the site and in the area before a fence could be constructed that might interfere with public safety or aesthetic conditions. There would not appear to be any visibility issues with the proposed fence as located or designed. For similar applications, the City has asked that property owners constructing chain link fences in the setback areas utilize vinyl- coated fencing, colored black or similar, to avoid the industrial look of an unfinished galvanized fence material. According to the Ordinance, no fences, structures, manmade berms, or plantings may exceed thirty 36 inches in height above the center grade of the intersection within any front or side yard area on a corner lot which may interfere with the visibility across the corner. The proposed fence will not impact visibility at the Dodd Road /4t" Avenue intersection. Action Requested: Following a public hearing, the Planning Commission may consider one of the following recommendations: Approval of the conditional use permit for fence construction greater than 36" in a required yard adjacent to a right -of -way as proposed by the applicant, based on the findings attached to this report. Staff would recommend a condition that the fence be coated with black vinyl or similar treatment rather than a galvanized finish. 2. Denial of the conditional use permit based on a finding that the proposed fence will have a negative impact on traffic visibility and on the neighboring properties. Staff Recommendation: Planning staff recommends approval of the conditional use permit. It appears that the fence will meet the intent and conditions of the zoning ordinance regulating such fences, with the recommended stipulation that the fence is coated with black vinyl or similar material, as has been required in similar situations for chain link fencing in the setback areas. Supplementary Materials: 1. Site Location Map 2. Application Materials Dated 4/1/13 3. Draft Findings of Fact for Approval 2 page 32 Site Location — 1533 Dodd Road page 33 Draft Findings of Fact for Approval Gotham Conditional Use Permit 1533 Dodd Road The following Findings of Fact are made in support of approval of the above Permit: The proposed project will not further impact traffic visibility at the Dodd Road /4th Avenue intersection. 2. The proposed fence type and height are consistent with Ordinance requirements, with the recommendation that the chain link fence is finished to avoid a galvanized finish. 3. The fence is compatible with the established character in the area and will not negatively impact any neighboring properties. 12 (Li u c 4T b.0 C 41 V) X LLJ page 35 Ci page 36 CITY'.OF MENDOTA HEIGHTS,, 'NOTICE OF P,.U,BL;IC HEARING A PUBLIC 'HEARING ON A', REQUEST FOR Q,CONDITIONAL' ' USE; PERMLT, FORA FENCE TO wHOM 1T MAY CONCERN: neignts win meeL ai i.vv, Mlvj , vi;ab soon as possible., thereafter, on Tuesday, August;27, 2013 in-the City �asniw !. aaaa ��un,uc,. This noticQ" is pursuant to 'M,Title 12 Zoning), Chapter 1 of endota ieights City Code:.Such•persons as lesire to be heard with reference to his request..will; be heard at this neeting.. Eorrt'Smith City Clerk South -West Review: Adg ,11;'2013), page 37 Dakota County, MN 1271470000121 �689 WENTWORTH AVE W 101 ALLEN & JUDITH WERTHAUSER 1271470000091 �1585 DODD RD 303 ARLENE W SONDAY 277120000080 ERIC C & LAURIE LYNN TOSTRUD Disclaimer. Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a Map Scale legal document and should not be substituted for a title search, appraisal, survey, or for zoning I inch = 596 feet verification. Dakota County assumes no legal responsibility For the information contained in this data. 8/6/2013 ................. ......... 'HURON & LETICIA M SMITH ... ..... ................. ....................... ....... .. ............ 271470000111 :271470000161 1575 DODD RD E2 689 WENTWORTH AVE W 202 BRUCE G TSTE ODLAUG JANET M KING .......... I ......................... .................. . ... ... ............... ........... ..... ...... .............. ............. ........... .................................... .. --.1 277120000100 ... ........ .. .. ... ... 1271470000151 �4-5,05 SOMERSET QT 689 WENTWORTH AV E W 201 DANIEL M%.&ELISHA G LOPEZ JOHN �F IR & SHARON A DIEDRICH .. .................. ............... .......... I .................. ................................ ..................... .......... ........... .. .................. ............ ............. ... ..... .. 277120000040 271470000181 1509 DODD RD 689 WENTWORTH AVE W 301 DEAN S & BARBARA VERDOES i JOHN J & DELORES 3 WOOD -------------- ....... .......... .... . . . .. --------------------- 2771200000601 276970104023� 1491jbOpb Ab 662 4TH AVE DENNIS R:SORHEIM JOSEPH M ISAAC .............. ................. ................... ....................................... .. . ........... .... .... ........ .... ........ .......... ........................................... 271470000221 683 WENTWORTH AVE W W2 276970104025 ELIZABETH H GUTHMANN JOSEPH M ISAAC 1, Disclaimer. Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a Map Scale legal document and should not be substituted for a title search, appraisal, survey, or for zoning I inch = 596 feet verification. Dakota County assumes no legal responsibility For the information contained in this data. 8/6/2013 page 38 Dakota County, MN T 276970307082 4271470000011 6774TH AVE 1585 DODD RD 101 :KENNETH :J & MARY KAY NOACK l RICHARD A JAMIESON . 277120000050 �....,. .................. ........ __........... _. _ ....__ 1271470000081 _ -__ : __...._.: __..__ 1501 DODD RD 1585 DODD RD 302 KY L & LESLEE J FRANCIS i ROBERT F & KAREN K GARLAND 271470000171 271470000051 689 WENTWORTH AVE W 203 1585 DODD RD 202 MARK A GIORGINI REVOCABLE ROBERT L & MARY H TEMPLE TRUST 5/26/9 271470000101 ( 1271470000031 1595 DODD RD E1 1585 DODD RD 103 MARY H COMMERS i RONALD P & HELEN J LIFSON _..__ ........ _ _..__ ..................... ........ X276970104030 ........ ....... ......................... ......._........................ ...... 1270380054010 ._ ..... _ ......... 1565 DODD RD 1416 DODD RD MARY L OFLAHERTY (SOMERSET COUNTRY CLUB • 271470000191 689 WENTWORTH AVE W 302 1277120000020 1533 DODD RD NANCY JARDINE ! STEVEN J & KARLA J GOTHAM :..... ......... .. ....... 271470000021 .. ... ...... j ;277120000010 I ..... ......... 1 585.:D ODD RD 102 661 4TH AVE NANCY T TSTE FIELD THOMAS G &JUDITH STANTON 271470000041 1585 DODD RD 201 ..... ......... .... ... ..... .... ...: ,. ;271470000131 689 WENTWORTH AVE W 102 PATRICIA A TSTE TINUCCI TIMOTHY R MCLEVISH 276970103070 C 1271470000141 689 WENTWORTH AVE W 103 ::665: 4T H AVE PAUL J STANTON TIMOTHY R MCLEVISH 271470000071 i 1276970104024 1585 DODD RD 301 0. 1549 DODD RD RAYMOND A MCLEVISH 1 TODD J ADRIAN Disclaimer. Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not Map Scale a legal document and should not be substituted for a title search, appraisal, survey, or for zoning 1 inch = 1196 feet ......: F.....4:.... !'1-. f...4_. /'.....4.. - ..+.+.. w....- ... 1.... -.I .- ...........- :1+:1'4•. F...- 4M.. :.. F.....,..- .4:.... ......4- .......J :.. 4h:.. ..f -.L� page 39 1101 Victoria Curve I Mendota Heights. f, 5 h . 651.452.1850 phone 1 651.452.8940 ax www.mendota- heights.com m* CITY OF MENDDTA HEIGHTS DATE: September 3, 2013 TO: Mayor, City Council, and City Administrator FROM: John R. Mazzitello, PE, PMP Public Works Director /City Engineer SUBJECT: Accept Bids and Award Contract for the Sibley Memorial Highway Bituminous Trail Improvement Project BACKGROUND Design of the bituminous trail connection along the Sibley Memorial Highway (Highway 13) between Riverside Lane and the Lilydale Road Bridge began in late 2005. WSB & Associates was contracted by the City as a consultant engineer to design and administer the contract. The construction of the project can now be adequate funded and constructed. The Summit of Mendota Heights development at Highway 13 and Wachtler Avenue constructed a portion of a trail along Highway 13 from Wachtler Avenue to the west. This project would connect this trail with the Lilydale Road Bridge providing a bicycle and pedestrian access from the The Summit development and neighborhoods east of Wachtler Avenue to both the North Urban Regional Trail (Interstate Valley Creek Trail), and the Big Rivers Regional Trail. Council approved the plans and specifications and authorized staff to bid the project at their August 6, 2013 meeting. Five bids (see below) were received and opened on Wednesday, August 28, 2013, at 11:00 a.m. for the Sibley Memorial Highway Bituminous Trail Improvements project. NAME OF BIDDER AMOUNT OF BID Urban Companies, LLC $122,293.00 DiDuno Contracting, LLC $136,173.75 Barber Construction Co., Inc. $144,190.42 Bituminous Roadways, Inc. $145,769.06 McNamara Contracting, Inc. $163,660.25 Urban Companies, LLC submitted the lowest responsible bid of $122,293.00. Their bid was 4.2% above the original consultants engineer's estimate of $117,400.00 that was provided to Counicl at the time bids were authorized, and 22.7% over the revised consultant engineer's estimate of $99,636.00. Urban Companies, LLC is a contractor with over 20 years of experience, and is headquartered in Vadnais Heights, Minnesota. Urban Companies, LLC is currently constructing the Pedestrian Safety Improvements project at the intersection of Dodd Road (Highway 149) and Highway 110. Staff recommends Urban Companies, LLC for this contract. page 40 BUDGET IMPACT The total construction contract award is for $122,293.00. This project is eligible for use of Municipal State Aid (MSA) funds, and the City's MSA account has sufficient funds to cover the cost of the project. RECOMMENDATION Staff recommends that the council accept the bids and award the construction contract to Urban Companies, LLC for their bid in the amount of $122,293.00. If city council wishes to implement the staff recommendation, pass a motion adopting RESOLUTION 2013 -63, A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE SIBLEY MEMORIAL HIGHWAY BITUMINOUS TRAIL IMPROVEMENT PROJECT (PROJECT #200514). This action requires a simple majority vote. page 41 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2013 -63 A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE SIBLEY MEMORIAL HIGHWAY BITUMINOUS TRAIL IMPROVEMENT PROJECT (PROJECT #200514) WHEREAS, pursuant to an advertisement for bids for the proposed construction of a bituminous trail connection along the south side of State Trunk Highway 13, bids were received, opened, and tabulated according to law and the following bids were received complying with said advertisement: NAME OF BIDDER Urban Companies, LLC DiDuno Contracting, LLC Barber Construction Co., Inc. Bituminous Roadways, Inc. McNamara Contracting, Inc. and AMOUNT OF BID $122,293.00 $136,173.75 $144,190.42 $145,769.06 $163,660.25 WHEREAS, the City Engineer recommended that the lowest responsible bid submitted by Urban Companies, Inc. of Vadnais Heights, Minnesota, be accepted. NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council as follows: 1. That the bids for the above project are hereby received and accepted. 2. That the bid of Urban Companies, LLC of Vadnais Heights, Minnesota, submitted for the construction of the above described improvements be and the same is hereby accepted. 3. That the contract be awarded to Urban Companies, LLC of Vadnais Heights, Minnesota, and that the Mayor and Clerk are hereby authorized and directed to execute and deliver any and all contracts and documents necessary to consummate the awarding of said bids. Adopted by the City Council of the City of Mendota Heights this third day of September, 2013. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST Lorri Smith, City Clerk page 42 BID TABULATION SUMMARY PROJECT: Sibley Memorial Highway Bituminour Trail Improvement Project and Appurtenant Work OWNER: City of Mendota Heights, MN WSB PROJECT NO.: 1735 -01 Bids Opened: Wednesday, August 28, 2013 at 11:00 a.m. Contractor Bid Security (5 %) Grand Total Bid 1 Urban Companies X $122,293.00 2 Didion Contracting, LLC X $136,173.75 3 Barber Construction Co., Inc. X $144,190.42 4 Bituminous Roadways, Inc. X $145,769.06 5 McNamara Contracting, Inc. X $163,660.25 Engineer's Opinion of Cost $99,636.00 1 hereby certify that this is a true and correct tabulation of the bids as received on August 28, 2013 Tim Ha son, PE Project Manager Denotes corrected figure K:101735- 011AdminlConstruction Admin11735 -01 Bid Tab Summary 082813 page 43 5i. 1101 Victoria Curve I Mendota Heights, f 651.452.1850 phone 1 651.452.8940 fax www.mendota- heights.com , m* CITY OF MENDDTA HEIGHTS DATE: September 3, 2013 TO: Mayor, City Council, and City Administrator FROM: John R. Mazzitello, PE, PMP Public Works Director /City Engineer SUBJECT: MnDOT Maintenance Agreement for Sibley Memorial Highway Bituminous Trail BACKGROUND In conjunction with the awarding and construction of the Sibley Memorial Highway Bituminous Trail Improvement Project, the State Department of Transportation (MnDOT) requires that the City enter into a maintenance agreement for the new trail facility. The City of Mendota Heights already maintains the trail along Highway 13 from Wachtler Avenue west, and the extension of the trail to the Lilydale Road Bridge would include an extension of the City's maintenance responsibility. The attached resolution authorized City staff (Administrator and Public Works Director) to enter into a maintenance agreement with MnDOT for the maintenance of the trail along Highway 13. This authorization is the same as that authorized for the maintenance agreement for trails in the Highway 110 and Highway 149 (Dodd Road) rights -of -way. BUDGET IMPACT Trail maintenance is funded through the Parks Maintenance Division of the Public Works Department, which is a levied expense. Additional maintenance responsibility for the new section of bituminous trail would is anticipated to have minimal impact to this budget. RECOMMENDATION Staff recommends that the council authorize staff to enter into a maintenance agreement with MnDOT for the maintenance of the Sibley Memorial Highway Bituminous Trail. If city council wishes to implement the staff recommendation, pass a motion adopting RESOLUTION 2013- 64, A RESOLUTION AUTHORIZING ENTERING INTO A MAINTENANCE AGREEMENT WITH THE STATE DEPARTMENT OF TRANSPORTATION FOR THE SIBLEY MEMORIAL HIGHWAY BITUMINOUS TRAIL IMPROVEMENT PROJECT (PROJECT #200514). This action requires a simple majority vote. page 44 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2013 -64 A RESOLUTION AUTHORIZING ENTERING INTO A MAINTENANCE AGREEMENT WITH THE STATE DEPARTMENT OF TRANSPORTATION FOR THE SIBLEY MEMORIAL HIGHWAY BITUMINOUS TRAIL IMPROVEMENT PROJECT (PROJECT #200514) WHEREAS, the City of Mendota Heights has identified the need for a trail extension /connection along State Trunk Highway 13 (Sibley Memorial Highway) to close a known gap in their trail network; and WHEREAS, the City of Mendota Heights desires to create a pedestrian and bicycle friendly city by improving areas where pedestrian and bicycle safety concerns exist; and NOW THEREFORE BE IT RESOLVED that the City of Mendota Heights enter into Mn/DOT Agreement No. 04476 with the State of Minnesota, Department of Transportation for the following purposes: To provide Maintenance and Operation for the new Sibley Memorial Highway Bituminous Trail located on Trunk Highway No. 13 from 1000' east of I -35E and 2300' east of 1-3 5E, in the City of Mendota Heights, Dakota County, Minnesota. BE IT IS FURTHER RESOLVED that the City Administrator and the Public Works Director are authorized to execute the Agreement and any amendments to the Agreement. Adopted by the City Council of the City of Mendota Heights this third day of September, 2013. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council of the City of Mendota Heights at an authorized meeting held on the third day of September, 2013, as shown by the minutes of the meeting in my possession. Lorri Smith, City Clerk Subscribed and sworn to before me this Notary Public My Commission Expires (Signature) (Type or Print Name) day of September, 2013 page 45 Mn/DOT Contract No: 04476 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION And CITY OF MENDOTA HEIGHTS SIBLEY MEMORIAL BITUMINOUS TRAIL, MODULAR BLOCK RETAINING WALL AND DRAINAGE FACILITY MAINTENANCE AGREEMENT Control Section(s) (C.S.): Trunk Highway Number (T.H.) Limited Use Permit No. State Aid Plan No. 1902 13 1902 -010 140 - 090 -001 Reference Points 109.981 - 110.188 This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State") and City of Mendota Heights acting through its City Council ( "City "). Recitals 1. The City will complete construction of the Sibley Memorial Highway Bituminous Trail within the City limits including grading, bituminous trail, retaining wall, storm sewer and appurtenant work, in accordance with City prepared plans, specifications, and provisions, for which the construction project had been designated State Aid Project No. 140 - 090 -001; and 2. The City and the State wish to define operation and maintenance responsibilities for the new Sibley Memorial Highway Bituminous Trail located adjacent to Trunk Highway No. 13 from 1000' east of I -35E to 2300' east of 1-3 5E , in the City of Mendota Heights, Dakota County, Minnesota; and 3. Limited Use Permit 1902 -010 addressing trail facilities located adjacent to TH 13 between 1000' East of I- 35E and 2300' East of I -35E within the corporate limits of the City of Mendota Heights will remain in effect until such time as the current permit expires and the City receives a new permit regarding all facilities associated with this project. 4. Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. Agreement 1. Terms of Agreement; Survival of Terms; Incorporation of Exhibits I.I. Effective date. This Agreement will be effective on the date the State obtains all signatures required by Minnesota Statutes § 16C.05, subdivision 2. 1.2. Expiration date. This Agreement will expire when all obligations have been satisfactorily fulfilled. 1.3. Survival of terms. All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this Agreement, including, without limitation, the following clauses: 2. Operation and Maintenance, 6. Liability; Worker Compensation Claims; Insurance; 8. State Audits; 9. Government Data Practices; 10. Governing Law; Jurisdiction; Venue; and 12. Force Maj cure. 1.4. Exhibit. Exhibit 1 is attached and incorporated into this Agreement 2. Sibley Memorial Highway Bituminous Trail: Operation and Maintenance Operation and maintenance will be as follows for the new Sibley Memorial Highway Bituminous Trail and associated facilities located adjacent to Trunk Highway No. 13 from 1000' east of I -35E to 2300' east of I -35E. -1- page 46 Mn/DOT Contract No: 04476 2.1. City Responsibilities A. Upon satisfactory completion of the Sibley Memorial Bituminous Trail and associated items construction project to be performed within the corporate City limits under the construction contract, the City shall provide for the proper maintenance of said trail without cost and expense to the State. Maintenance shall include snow, ice and debris removal, patching, crack repair, ADA compliance, replacement, drainage repair, striping and mowing grass boulevards (if any) necessary to perpetuate the trail in a safe and usable condition. B. Upon satisfactory completion of the associated trail facility construction to be performed within the corporate City limits under the construction contract, the City shall provide for the proper maintenance of all elements, which include: i. Drainage features. The City shall provide for the proper maintenance of the drainage features without cost or expense to the State. Maintenance includes all activities necessary to maintain the drainage system in a safe and useable condition. ii. Graffiti Removal. The City shall provide for graffiti removal along the Sibley Memorial Highway Bituminous Trail, without cost or expense to the State. iii. Landscaping. The City shall provide for the proper maintenance of all landscaping, without cost and expense to the State. Maintenance includes, but is not limited to mowing, trimming, replacement, and litter and debris collection and disposal. iv. Modular block retaining wall. The City shall provide for the proper maintenance of the retaining wall without cost or expense to the State. Any future maintenance including modifications, repair and replacement necessary to the modular block retaining wall will be completed by the City without cost or expense to the State. 2.2. State Responsibilities A. The State retains its authority to administer, issue, and regulate access permits, sign advertising permits, drainage permits, and permits to install new utilities on trunk highway right -of -way. B. If the City fails to comply with any operation, maintenance terms, ADA requirements, or if a safety issue develops, the State may require the City to remove the Sibley Memorial Highway Bituminous Trail. If, upon order by the State, the City fails to remove them in a timely manner, then the State may perform the removal and bill the City for expenses incurred. 3. Right of Way Access. Each party authorizes the other parry to enter upon their respective public right of way to perform the maintenance activities described in this Agreement. A no- charge permit will be required by the State for future work by the City on State Right -of -Way. 4. Authorized Representatives Each parry's Authorized Representative is responsible for administering this Agreement and is authorized to give and receive any notice or demand required or permitted by this Agreement. 4.1. The State's Authorized Representative will be: Name /Title: Beverly Farraher, MnDOT Metro Maintenance Engineer (or successor) Address: 1500 County Road B2 West, Roseville, MN 55113 Telephone: (651) 234 -7901 E -Mail: Beverly.Farraher @state.mn.us 4.2. The City Authorized Representative will be: Name /Title: Justin Miller, City Administrator (or successor) Address: 1101 Victoria Curve Mendota Heights, MN 55118 Telephone: (651) 255 -1153 Fax: (651) 452 -8940 -2- page 47 Mn/DOT Contract No: 04476 5. Assignment; Amendments; Waiver; Contract Complete 5.1. Assignment. Neither party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other party and a written assignment agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 5.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 5.3. Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the provision or the parry's right to subsequently enforce it. 5.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State and the City. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 6. Liability; Worker Compensation Claims; Insurance 6.1. Each parry is responsible for its own acts, omissions and the results thereof to the extent authorized bylaw and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes § 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City. 6.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. 6.3. It is hereby agreed, that upon the completion of said Project, the City shall accept full and total responsibility, obligations, and liabilities arising out of or by reason of the use, maintenance, replacement, reconstruction, or relocation of any or all of the Sibley Memorial Highway Bituminous Trail facilities, located adjacent to Trunk Highway No. 13 from 1000' east of I -35E to 2300' east of I -35E, in the City of Mendota Heights, Dakota County, Minnesota. 7. Nondiscrimination Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are considered part of this Agreement. 8. State Audits Under Minnesota Statutes § 16C.05, subdivision 5, the City's books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the State and the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. 9. Government Data Practices The City and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by the State under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the City under this Agreement. The civil remedies of Minnesota Statutes § 13.08 apply to the release of the data referred to in this clause by either the City or the State. 10. Governing Law; Jurisdiction; Venue Minnesota law governs the validity, interpretation and enforcement of this Agreement. Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 11. Termination by Mutual Agreement This Agreement may be terminated by mutual agreement of the parties. -3- page 48 Mn/DOT Contract No: 04476 12. Force Majeure Neither party will be responsible to the other for a failure to perform under this Agreement (or a delay in performance), if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a parry's reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God, labor disputes, acts of war or terrorism, or public health emergencies. (The remainder of this page intentionally left blank) -4- CITY OF MENDOTA HEIGHTS The undersigned certify that they have lawfully executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions or ordinances. page 49 Mn/DOT Contract No: 04476 DEPARTMENT OF TRANSPORTATION Recommended for Approval: ma (District Maintenance Engineer) LM Date: Title: Approved: Date: By: (District Engineer) By. Date: Title Date: COMMISSIONER OF ADMINISTRATION (With delegated authority) Date: INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION. -5- page 50 CITY OF MENDOTA HEIGHTS RESOLUTION IT IS RESOLVED that the City of Mendota Heights enter into Mn/DOT Agreement No.04476 with the State of Minnesota, Department of Transportation for the following purposes: To provide Maintenance and Operation for the new Sibley Memorial Highway Bituminous Trail located on Trunk Highway No. 13 from 1000' east of I -35E and 2300' east of I -35E, in the City of Mendota Heights, Dakota County, Minnesota. IT IS FURTHER RESOLVED that the (Title) amendments to the Agreement. and the (Title) are authorized to execute the Agreement and any CERTIFICATION I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council of the City of Mendota Heights at an authorized meeting held on the day of , 20, as shown by the minutes of the meeting in my possession. Subscribed and sworn to before me this day of 12013 Notary Public My Commission Expires (Signature) (Type or Print Name) (Title) c+l cd b1} i� C 0 0 0 0 n a N N v m p N N Sibley Memorial Highway I 1 — — — — -- — I Sheet S STA. 0 +00 0 BEGIN S.A.P. 141 - 090-001 ;...o > 7rG page 51 Exhibit 1, Agreement 04476 eet 9 _ Sheet 10 STA. 21 +56.0 ND S.A.P. 140 -0 04001 50 100 Besi Qn By I lEif Et [EEIiFY itll 1a13 P[..• SFf[I /IPllet. Li Flf�l ru FHPAp 6E 6i UIX@ BAF `Y EI [[T gRSI 3f]1 �O ifJ1 f l! A e.E] LI F.S[] fdO [SSIeW EKI EC9 Yir /� 477 r6 p d StP t Sibley Memorial Highway WSP Project 01735 -00 S.A.P. 140- 090 -001 SHEET EtE ll.5 OF LE S1nE er 51AY K'1S LS Plan By: THC sc Pz_S MAi 55101 WSB r say! }lac 81A- rZ }C51 }2ES B4F8 Bituminous Trail Improvement Project Checked 8Ye f�,�-..� rsy[rdttm 2 TCH T f�leY H� s� P�*f —� and Appurtenant Work for the City of OF Approved By: 03/!36/13 3957-0 r General Layout TcH L.1E: E1E. �t I, �i `�00 Mendota Heights, Minnesota Y z8 page 52 1101 Viclwm Cuw I MuKk9a Flee 9h` s 551.aS 1 S4 ►acne 3 01 -dw.= ;wrn,mendota•heigh[s,��^ 7' OPP- CI ;YF 1ENQOTA HEIGHTS DATE: September 3, 2013 TO: Mayor, City Council and City Administrator FROM: Tamara Schutta Assistant to the City Administrator/HR Coordinator SUBJECT: Personnel Action Items Item 1: Resignation of Civil Engineer II The city would like to thank Mike Albers, Civil Engineer H for his valuable contribution and service to the city of Mendota Heights. Over the past four years, Mike was instrumental in assisting with the various engineering projects for the city. In addition, Mike was the major productive force behind the City's 5 -year infrastructure improvement and maintenance plans, having produced the Street Improvement Plan (SIP), Sanitary Sewer Improvement and Maintenance Plan (SSIMP), and drafting the Trails Improvement and Maintenance Plan (TIMP). We have a deep appreciation of Mike's work and he will definitely be missed. Mike has been a tremendous asset to the city. Mr. Albers accepted a position with the City of Brooklyn Center. This is a great professional opportunity for Mr. Albers. Mike's last day of employment will be September 13, 2013. City staff recommends the city council recognize Mike Albers' resignation effective September 13, 2013. This action requires a simple majority vote. Item 2: 2013 Par 3 Seasonal Hire There are a few months left of the 2013 Par 3 golf season. Several seasonal clubhouse workers are done for the season to return to college. Allen Green, golf instructor, is interested in a clubhouse worker position for the remaining 2013 season. Staff is recommending Allan Green for a clubhouse worker position effective August 31, 2013. His hourly rate for the clubhouse worker will be $9.00 per hour. City staff recommends that city council appoint Allan Green for a seasonal clubhouse worker position for the 2013 golf season effective August 31, 2013. BUDGET IMPACT As noted above. RECOMMENDATION Staff recommends that the Mendota Heights City Council approve the actions requested above for these two items. page 53 1101 Victoria Curve I Mendota Heights, 5k. 651.452.1850 phone 1 651.452.8940 ax www.mendota- heights.com m* CITY OF MENDDTA HEIGHTS DATE: September 3, 2013 TO: Mayor, City Council and City Administrator FROM: Tamara Schutta Assistant to the City Administrator/HR Coordinator SUBJECT: Approve Extended Leave of Absence BACKGROUND The city's Code Enforcement Officer, Paul Berg has been out on a medical leave of absence. As of August 28, 2013, Mr. Berg has exhausted his FMLA leave entitlement. FMLA is unpaid job protected leave for up to twelve (12) weeks. Mr. Berg has also exhausted his leave balances. Mendota Heights Personnel Code Section 18, Leave of Absence without Pay, allows an employee to request a leave of absence without pay and requires City Council approval. Mr. Berg has requested an additional ninety days for medical reasons. This would extend Mr. Berg's leave through November 25, 2013. The City Council can approve the leave of absence for up to ninety (90) days. An employee granted FMLA leave is also covered under the City's group health and dental insurance plan under the same conditions and at the same level of City contribution as would have been provided had they been continuously employed during the leave period. Once the FMLA leave entitlement is exhausted, the employee is responsible for all insurance premiums. Mr. Berg was given a COBRA notice as required by COBRA law. To accommodate with the building inspections, the city has contracted with A to Z Home Inspections, LLC to assist with the work load during Mr. Berg's absence. BUDGET IMPACT None. Ongoing insurance premiums are the responsibility of the employee requesting the leave of absence. RECOMMENDATION City staff recommends the city council approve the ninety day leave of absence without pay through November 25, 2013 for Code Enforcement Officer Paul Berg. This action requires a simple majority vote. page 54 August 20, 2013 To: Justin Miller, City Administrator I am currently on FMLA and I understand that I will have exhausted my FMLA leave entitlement on August 28, 2013. This is per the City of Mendota Heights personnel code section 18, leave of absence without pay policy, I am requesting City Council approval for an additional ninety days for medical reasons. A copy of a medical certification has been provided to Human Resources. Sincerely, Paul Berg Code Enforcement Officer RECEIVED AUG 2 2 ` 2013 page 55 51. 1101 Victoria Curve I Mendota Heights. f 651.452.1850 phone 1 651.452.8940 fax www.mendota- heights.com m* CITY OF MENDDTA HEIGHTS DATE: September 3, 2013 TO: Mayor, City Council and City Administrator FROM: Kristen Schabacker, Finance Director SUBJECT: 2013 Bond Issue BACKGROUND The city has ordered two road improvement projects to be completed this construction season. Tonight we will begin the process to issue bonds to finance these projects. These projects are the Crown Overlook Rehabilitation project and the Hunter Orchard Reconstruction and Rehabilitation. I have contacted Ehlers & Associates to assist us with the issuance of these bonds. The schedule is as follows: Pre -Sale Review by Council Distribute Official Statement Conference with Rating Agency Award Sale of Bonds Estimated Closing Date September 3, 2013 Week of September 16th 2013 Week of September 23rd 2013 October 1, 2013 November 5, 2013 Ehlers has prepared a Pre -Sale report that is attached for your review. We will be issuing $1,745,000 General Obligation Improvement Bonds for these street projects with a term of 19 years. BUDGET IMPACT The bonds will be paid with a combination of special assessments and an amount levied each year for the annual bond payments. RECOMMENDATION I recommend that council pass a motion to adopt Resolution 2013- 65 "RESOLUTION PROVIDING FOR THE SALE OF $1,745,000 G.O. IMPROVEMENT BONDS, SERIES 2013A." page 56 EHLERS LEADERS IN PUBLIC FINANCE September 3, 2013 Pre -Sale Report for City of Mendota Heights, Minnesota $1,745,000 General Obligation Improvement Bonds, Series 2013A Prepared by: Stacie Kvilvang Senior Financial Advisor And Nick Anhut Financial Specialist 1- 800 - 552 -1171 1 www.ehiers- inc.com page 57 Executive Summary of Proposed Debt Proposed Issue: $1,745,000 General Obligation Improvement Bonds, Series 2013A Authority: The Bonds are being issued pursuant to Minnesota Statutes, Chapters 429 & 475. Because the City is assessing at least 20% of the project costs, the Bonds can be a general obligation without a referendum and will not count against the City's debt limit. The Bonds will be general obligations of the City for which its full faith, credit and taxing powers are pledged. Purposes: The proposed issue includes financing for the following projects: • Crown Point and Overlook Neighborhood Rehabilitation- Debt service will be paid from special assessments and tax levy. • Hunter and Orchard Neighborhood Improvements - Debt service will be paid from special assessments and tax levy. For the Crown Point and Overlook project, it is the intent of the City to levy the special assessments in the amount of approximately $268,576.80 for the street rehabilitation portion of the project to benefiting property owners in 2014 for collection in years 2015 through 2024 at a rate of 6% (10 years). The City anticipates receiving approximately $134,288.40 (50 %) in prepayments on the special assessments from the project this fall. For the Hunter and Orchard project, it is the intent of the City to levy special assessments in the amount of approximately $130,125 for the street rehabilitation and mill and overlay portions of the project to benefiting property owners in 2014 for collection in years 2015 through 2024 at a rate of 6% (10 years). The City will also levy special assessments in the amount of approximately $407,100 for the street reconstruction portion of the project to benefiting property owners in 2014 for collection in years 2015 through 2033 at a rate of 6% (19 years). The City anticipates receiving approximately $214,890 (40 %) in prepayments on the special assessments from this portion of the project this fall. The issue size has been reduced by the aforementioned prepayment amounts. In addition, the City anticipates utilizing approximately $655,741.53 from its Utility funds for the Hunter and Orchard utility improvements. Remaining debt service will be paid from a tax levy, which will not be required until 2015 (we have capitalized interest in the amount of $55,378.33 to offset any levy requirement). Presale Report September 3, 2013 City of Mendota Heights, Minnesota Page 1 page 58 Term /Call Feature: The Bonds are being issued for a 19 year term. Principal on the Bonds will be due on February 1 in the years 2016 through 2034. Interest is payable every six months beginning August 1, 2014. The Bonds maturing February 1, 2023 and thereafter will be subject to prepayment at the discretion of the City on February 1, 2022 or any date thereafter. Bank Qualification: Because the City is issuing less than $10,000,000 in the calendar year, the City will be able to designate the Bonds as "bank qualified" obligations. Bank qualified status broadens the market for the Bonds, which can result in lower interest rates. Rating: The City's most recent bond issues were rated "Aal" by Moody's Investors Service. Due to changing rating criteria and rationale by Moody's, the City will be requesting a rating for the Bonds from Standard and Poor's. Standard and Poor's has a more definitive /transparent rating rationale that focuses more on issue that a city has control of such as financial management, practices and policies. If the winning bidder on the Bonds elects to purchase bond insurance, the rating for the issue may be higher than the City's bond rating in the event that the bond rating of the insurer is higher than that of the City. Method of Sale /Placement: In order to obtain the lowest interest cost to the City, we will solicit competitive bids for purchase of the Bonds from local banks in your area and regional underwriters. We have included an allowance for discount bidding equal to 1.2% of the principal amount of the issue. The discount is treated as an interest item and provides the underwriter with all or a portion of their compensation in the transaction. If the Bonds are purchased at a price greater than the minimum bid amount (maximum discount), the unused allowance may be used to lower your borrowing amount. Possible Premium Bid: Because yields are very low at this time, a purchaser may choose to submit a bid for your competitive sale with higher interest rates than the yield on the bonds. Higher interest is valuable for institutional and retail investors who may either trade bonds in the future or may want a higher yield if you as the issuer choose not to call the bonds at the call date. For example, the interest rate may be 3% but the yield may only be 1.5 %. To achieve the lower yield of 1.5 %, the purchaser will pay you, the issuer, a "premium" at the time of closing. In other words, they will pay more than $5,000 for a $5,000 block of bonds in exchange for more tax - exempt interest at a later date. The amount of the premium varies, but can be as high as 10% of the bond issue. This means for a $2,000,000 issue, you may end up with a bid that offers $2,200,000 in Presale Report September 3, 2013 City of Mendota Heights, Minnesota Page 2 page 59 Presale Report September 3, 2013 City of Mendota Heights, Minnesota Page 3 proceeds. The amount of the bond will be reduced if a premium bid is received. The adjustment may slightly change the true interest cost of the original bid, either up or down. Review of Existing Debt: We have reviewed all outstanding indebtedness for the City and find that there are no refunding opportunities at this time. We will continue to monitor the market and the call dates for the City's outstanding debt and will alert you to any future refunding opportunities. Continuing Disclosure: Because the City has more than $10,000,000 in outstanding debt (including this issue) and this issue is over $1,000,000, the City will be agreeing to provide certain updated Annual Financial Information and its Audited Financial Statement annually as well as providing notices of the occurrence of certain "material events" to the Municipal Securities Rulemaking Board (the "MSRB "), as required by rules of the Securities and Exchange Commission (SEC). The City is already obligated to provide such reports for its existing bonds, and has contracted with Ehlers to prepare and file the reports. Arbitrage Monitoring: Because the Bonds are tax- exempt securities /tax credit securities, the City must ensure compliance with certain Internal Revenue Service (IRS) rules throughout the life of the issue. These rules apply to all gross proceeds of the issue, including initial bond proceeds and investment earnings in construction, escrow, debt service, and any reserve funds. How issuers spend bond proceeds and how they track interest earnings on funds (arbitrage /yield restriction compliance) are common subjects of IRS inquiries. Your specific responsibilities will be detailed in the Nonarbitrage Certificate prepared by your Bond Attorney and provided at closing. You have retained Ehlers to assist you with compliance with these rules. Risk Factors: Special Assessments: If significant amounts of prepayments of special assessments are received (above what has been anticipated), the levy may need to be increased in future years because the City's investment earnings on additional prepayments will likely be less than 6 %. Presale Report September 3, 2013 City of Mendota Heights, Minnesota Page 3 page 60 Proposed Debt Issuance Schedule Pre -Sale Review by City Council September 3, 2013 Distribute Official Statement: Week of September 16, 2013 Conference with Rating Agency: Week of September 23, 2013 City Council Meeting to Award Sale of the Bonds: October 1, 2013 Estimated Closing Date: November 5, 2013 Attachments Sources and Uses of Funds Proposed Debt Service Schedule Resolution Authorizing Ehlers to Proceed With Bond Sale Ehlers Contacts Financial Advisors: Stacie Kvilvang (651) 697 -8506 Nick Anhut (651) 697 -8507 Disclosure Coordinator: Kara Meverden (651) 697 -8545 Bond Sale Coordinator: Alicia Baldwin (651) 697 -8523 Financial Analyst: Alicia Gage (651) 697 -8551 The Official Statement for this financing will be mailed to the City Council at their home address or e- mailed for review prior to the sale date. Presale Report September 3, 2013 City of Mendota Heights, Minnesota Page 4 page 61 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2013 - 65 A RESOLUTION PROVIDING FOR THE SALE OF $1,745,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2013A WHEREAS, the City Council of the City of Mendota Heights, Minnesota has heretofore determined that it is necessary and expedient to issue the City's $1,745,000 General Obligation Improvement Bonds, Series 2013A (the "Bonds "), to finance street reconstruction and rehabilitation projects in the City; and WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ( "Ehlers "), as its independent financial advisor for the Bonds and is therefore authorized to solicit proposals in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. Authorization; Findings. The City Council hereby authorizes Ehlers to solicit proposals for the sale of the Bonds. 2. Meeting, Proposal Opening. The City Council shall meet at 7:00 P.M. on October 1, 2013, for the purpose of considering sealed proposals for and awarding the sale of the Bonds. 3. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. Adopted by the City Council of the City of Mendota Heights this 3rd day of September, 2013. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST Lorri Smith, City Clerk page 62 1101 Victoria Curve I Mendota Heights, i`1 5 m . 651.452.1850 phone 1 651,452.8940 f wway.mendota- heights.com CITY OF MENDDTA HEIGHTS DATE: September 3, 2013 TO: Mayor, City Council and City Administrator FROM: Kristen Schabacker, Finance Director SUBJECT: Claims List Summary BACKGROUND Significant Claims A to Z Home Inspection LLC — Code Inspections /Plan Review $ 4,487.50 AAA Striping Service — Street Striping $ 10,679.26 Emergency Automotive Technologies — Squad Set Up $ 6,617.47 MTI Distributing — Irrigation Repair (Insurance Claim) $ 5,437.49 McCarthy Well Co. — Irrigation Repair (Insurance Claim) $ 6,667.61 Mid Northern Electric — Backup Generator Installation $ 8,785.50 North Star Pump Service — Emergency Lift Station Repair $ 10,631.73 Northdale Construction Co — Hunter /Orchard Project $ 470,425.26 SRF Consulting Group — Highway 110 Improvements $ 14,174.03 Manual Checks Total $ 74,722.97 System Checks Total $ 603,746.34 Total for the list of claims for the September 3, 2013 city council meeting $ 678,469.31 Approval of the list of claims for September 3, 2013. page 63 CITY OF MENDOTA HEIGHTS 08/29/1310:53 AM Page 1 Claims List MANUALCHECKS 08120113 MAN Account Comments DEPT Descr Amount Search Name MENDOTA HEIGHTS, CITY OF. G 45 -1155 CREDIT CARD TRANSFER G 01 -1155 CREDIT CARD TRANSFER Search Name MENDOTA HEIGHTS, CITY OF $20,000.00 $10,000.00 $30,000.00 $30,000.00 page 64 08/29/13 10:54 AM CITY OF MENDOTA HEIGHTS Page 1 Claims List MANUAL CHECKS 8128113 MAN Account Comments DEPT Descr Amount Search Name AFFINITY PLUS 08/30/20 $1,040.00 13 PAYROLL G 01 -2073 $1,040.00 Search Name AFFINITY PLUS Search Name I C M A RETIREMENT 457 08/16/ $192.00 2013 PAYROLL G 01 -2073 $469.92 G 01 -2072 08/16/2013 PAYROLL $661.92 Search Name I C M A RETIREMENT 457 Search Name MN BENEFIT ASSN G 01 -2071 AUG 2013 PREMIUM G 01 -2073 AUG 2013 PREMIUM E 01- 4131 - 050 -50 AUG 2013 PREMIUM Search Name MN BENEFIT ASSN Search Name NATIONWIDE RETIREMENT SOLUTION G 01 -2072 08/16/2013 PAYROLL Search Name NATIONWIDE RETIREMENT SOLUTION Search Name SW /WC SERVICE COOPERATIVES E 01- 4131 - 020 -20 SEPT 2013 HEALTH PREMIUM E 01-4131- 040 -40 SEPT 2013 HEALTH PREMIUM E 01- 4131 - 050 -50 SEPT 2013 HEALTH PREMIUM E 01- 4131 - 070 -70 SEPT 2013 HEALTH PREMIUM E 05- 4131- 105 -15 SEPT 2013 HEALTH PREMIUM G 01 -2071 SEPT 2013 HEALTH PREMIUM G 01 -2074 SEPT 2013 HEALTH PREMIUM E 01- 4131 - 110 -10 SEPT 2013 HEALTH PREMIUM Search Name SW /WC SERVICE COOPERATIVES Search Name UNITED WAY OF ST. PAUL G 01 -2070 08/16/2013 PAYROLL Search Name UNITED WAY OF ST. PAUL Search Name US POSTAL SERVICE G 01 -1210 Search Name US POSTAL SERVICE Search Name XCEL ENERGY E 01- 4211 - 320 -70 E 01- 4212 - 320 -70 E 45- 4211 - 047 -45 E 45- 4212 - 046 -45 E 45- 4211 - 046 -45 Search Name XCEL ENERGY REPLENISH POSTAGE METER JULY 2013 UTILITIES JULY 2013 UTILITIES JULY 2013 UTILITIES JULY 2013 UTILITIES JULY 2013 UTILITIES $46.34 $14.95 Road & Bridges $11.82 $73.11 $650.00 $650.00 Police $17,086.00 Code Enforcement/Inspections $1,452.00 Road & Bridges $4,574.00 Parks & Recreation $1,364.50 Engineering Enterprise $4,268.50 $6,062.00 $1,561.00 Administration $3,488.00 $39,856.00 $48.00 $48.00 $1,200.00 $1,200.00 Parks & Recreation $11.22 Parks &Recreation $9.62 Golf Course $899.22 Golf Course $29.31 Golf Course $244.57 $1,193.94 $44,722.97 CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 09/03/13 PAY page 65 08/29/13 10:49 AM Page 1 Account Comments DEPT Descr Amount Search Name A TO Z HOME INSPECTION, LLC E 01- 4231- 040 -40 07/16 - 08/21/2013 INSPECTIONS Code Enforcement/Insp $4,487.50 Search Name A TO Z HOME INSPECTION, LLC $4,487.50 Search Name AAA STRIPING SERVICE CO E 27 -4460- 787 -00 CROWN PT /OVERLOOK PROJECT WORK Spec Fds $5,339.63 E 01 -4424- 050 -50 2013 STRIPING /SWEEPING Road & Bridges $5,339.63 Search Name AAA STRIPING SERVICE CO $10,679.26 Search Name AMERICAN FLEET SUPPLY E 01- 4330 - 490 -50 EQUIPMENT REPAIR PARTS - STREETS Road & Bridges $132.01 E 01- 4330 - 440 -20 EQUIPMENT REPAIR PARTS - PD Police $178.39 Search Name AMERICAN FLEET SUPPLY $310.40 Search Name ASSURANT EMPLOYEE BENEFITS E 01- 4132 - 031 -30 SEP 2013 LTD PREMIUM Fire $190.30 Search Name ASSURANT EMPLOYEE BENEFITS $190.30 Search Name AUGUSTA SHORES THA E 76 -4460- 782 -00 DAMAGE REPAIRS - LEMAY LAKE RD PROJECT Spec Fds $333.00 Search Name AUGUSTA SHORES THA $333.00 Search Name BAIRD, DAVID G 15 -1150 REFUND - SEWER ACCT CREDIT $98.95 Search Name BAIRD, DAVID $98.95 Search Name BERTELSON TOTAL OFFICE SOLUTNS E 01- 4300 - 110 -10 OFFICE SUPPLIES - ADMIN Administration $114.89 Search Name BERTELSON TOTAL OFFICE SOLUTNS $114.89 Search Name C. DARLENE OEHLKE, CAP E 01- 4220 - 110 -10 08/06/2013 CITY COUNCIL MTG Administration $124.00 E 01- 4220 - 110 -10 08/20/2013 CITY COUNCIL MTG Administration $107.40 Search Name C. DARLENE OEHLKE, CAP $231.40 Search Name CAMELOT CLEANERS E 01 -4410- 020 -20 UNIFORMS CLEANING - PD Police $70.00 Search Name CAMELOT CLEANERS $70.00 Search Name CENTRAL IRRIGATION SUPPLY E 01- 4330 - 215 -70 IRRIGATION REPAIR PARTS Parks & Recreation $2.08 E 01- 4330 - 215 -70 IRRIGATION REPAIR PARTS Parks & Recreation $19.03 Search Name CENTRAL IRRIGATION SUPPLY $21.11 Search Name COMMISSIONER OF TRANSPORTATION E 05 -4402- 105 -15 BOOKS - ENGINEERING Engineering Enterprise $52.91 Search Name COMMISSIONER OF TRANSPORTATION $52.91 Search Name CREATIVE PRODUCT SOURCING, INC E 01- 4305 - 220-20 D.A.R.E SUPPLIES Police $4.28 G 01 -2035 D.A.R.E SUPPLIES - USE TAX -$0.28 Search Name CREATIVE PRODUCT SOURCING, INC $4.00 Search Name DAHLBERG SERVICES INC E 15- 4330 - 490 -60 EQUIPMENT REPAIR - SEWER Utility Enterprise $106.88 page 66 CITY OF MENDOTA HEIGHTS 08/29/1310:49 AM Page 2 Claims List SYSTEM CHECKS 09/03/13 PAY Account Comments DEPT Descr Amount Search Name DAHLBERG SERVICES INC $106.88 Search Name DAKOTA COMMUNICATIONS CENTER E 01- 4275 - 020 -20 SEPTEMBER 2013 DCC FEE Police $15,174.35 E 01- 4275 - 030 -30 SEPTEMBER 2013 DCC FEE Fire $798.65 Search Name DAKOTA COMMUNICATIONS CENTER $15,973.00 Search Name DAKOTA COUNTY TREAS - AUDITOR E 29 -4404- 000 -00 2013 WHEP CONTRIBUTION Spec Fds $2,310.00 Search Name DAKOTA COUNTY TREAS - AUDITOR $2,310.00 Search Name DELTA DENTAL E 08- 4131- 000 -00 SEPT 2013 DENTAL PREMIUM Spec Fds $40.50 G 01 -2074 SEPT 2013 DENTAL PREMIUM $162.00 G 01 -2071 SEPT 2013 DENTAL PREMIUM $1,415.25 E 05 -4131- 105 -15 SEPT 2013 DENTAL PREMIUM Engineering Enterprise $81.00 E 01- 4131 - 070 -70 SEPT 2013 DENTAL PREMIUM Parks & Recreation $186.75 E 01- 4131 - 050 -50 SEPT 2013 DENTAL PREMIUM Road & Bridges $333.00 E 01 -4131- 020 -20 SEPT 2013 DENTAL PREMIUM Police $650.25 E 01- 4131- 110 -10 SEPT 2013 DENTAL PREMIUM Administration $146.25 E 15- 4131- 060 -60 SEPT 2013 DENTAL PREMIUM Utility Enterprise $211.50 Search Name DELTA DENTAL $3,226.50 Search Name DREELAN, DAVE E 01 -4400- 030 -30 TRAVEL EXPENSE - D. DREELAN Fire $1,976.17 Search Name DREELAN, DAVE $1,976.17 Search Name ELECTRO WATCHMAN E 08- 4335 - 000 -00 QUARTERLY MONITORING - CITY HALL Spec Fds $272.54 E 15- 4210 - 060 -60 QUARTERLY MONITORING - PUMP STATIONS Utility Enterprise $529.02 Search Name ELECTRO WATCHMAN $801.56 Search Name EMERGENCY APPARATUS MTNC E 01 -4330- 460 -30 EQUIPMENT REPAIR - FIRE DEPT Fire $1,129.65 Search Name EMERGENCY APPARATUS MTNC $1,129.65 Search Name EMERGENCY AUTOMOTIVE TECHNOLOG E 01- 4330 - 440 -20 NEW SQUAD SET -UP Police $5,665.42 E 01- 4330 - 440 -20 RESTORE OLD SQUAD - 2247 Police $208.41 E 01 -4610- 020 -20 RETROFIT OLD SQUAD TO RESERVE Police $743.64 Search Name EMERGENCY AUTOMOTIVE TECHNOLOG $6,617.47 Search Name ESS BROTHERS & SONS INC E 15- 4305 - 060-60 OPERATING SUPPLIES - SEWER Utility Enterprise $487.35 Search Name ESS BROTHERS & SONS INC $487.35 Search Name FLAGSHIP RECREATION E 01- 4330 - 215 -70 VANDALISM REPAIRS - PARKS Parks & Recreation $1,880.36 E 01- 4330 - 215 -70 EQUIPMENT REPAIR PARTS - PARKS Parks & Recreation $355.89 Search Name FLAGSHIP RECREATION $2,236.25 Search Name FLEET SERVICES E 01- 4200 - 610 -20 JULY 2013 SQUAD LEASES Police $4,946.10 Search Name FLEET SERVICES $4,946.10 page 67 CITY OF MENDOTA HEIGHTS 08/29/1310:49 AM Page 3 Claims List SYSTEM CHECKS 09103/13 PAY Account Comments DEPT Descr Amount Search Name FLEETPRIDE E 01- 4330 - 490 -50 EQUIPMENT REPAIR PARTS Road & Bridges $56.67 G 01 -2035 EQUIPMENT REPAIR PARTS - USE TAX -$3.65 Search Name FLEETPRIDE $53.02 Search Name FLEXIBLE PIPE TOOL E 15- 4330 - 490 -60 EQUIPMENT REPAIR PARTS Utility Enterprise $24.58 Search Name FLEXIBLE PIPE TOOL $24.58 Search Name FORMS & SYSTEMS OF MN E 01- 4305 - 020 -20 OPERATING SUPPLIES - PD Police $128.55 Search Name FORMS & SYSTEMS OF MN $128.55 Search Name FRONTIER AG & TURF E 01- 4330 - 490 -70 EQUIPMENT REPAIR PARTS Parks & Recreation $12.72 E 01- 4330 - 490 -70 EQUIPMENT REPAIR PARTS Parks & Recreation $144.28 Search Name FRONTIER AG & TURF $157.00 Search Name G &K SERVICES E 01- 4335 - 310 -50 MAT SERVICE - PW GARAGE Road & Bridges $36.40 E 01- 4335 - 310 -70 MAT SERVICE - PW GARAGE Parks & Recreation $36.40 E 15- 4335 - 310 -60 MAT SERVICE - PW GARAGE Utility Enterprise $36.40 Search Name G &K SERVICES $109.20 Search Name GALIOV, HRISTO E 01 -4400- 110 -10 TUITION REIMBURSEMENT - H. GALIOV Administration $922.59 Search Name GALIOV, HRISTO $922.59 Search Name GARLOCK 7R., NEIL E 01- 4330 - 440 -20 EQUIPMENT - PD Police $57.82 Search Name GARLOCK ]R., NEIL $57.82 Search Name GRAINGER E 01- 4305 - 030 -30 OPERATING SUPPLIES - FIRE DEPT Fire $54.76 Search Name GRAINGER $54.76 Search Name GRAYBAR ELECTRIC E 08- 4335 - 000 -00 BLDG MAINT. SUPPLIES - CITY HALL Spec Fds $100.29 Search Name GRAYBAR ELECTRIC $100.29 Search Name HOME DEPOT CREDIT SERVICES E 01- 4305 - 070 -70 OPERATING SUPPLIES - PARKS Parks & Recreation $73.19 E 01- 4305 - 070 -70 OPERATING SUPPLIES - PARKS Parks & Recreation $203.79 E 01 -4305- 070 -70 OPERATING SUPPLIES - PARKS Parks & Recreation $182.94 E 01- 4305 - 070 -70 OPERATING SUPPLIES - PARKS Parks & Recreation $240.22 E 08- 4335 - 000 -00 BLDG MAINT. EQUIPMENT- CITY HALL Spec Fds - $26.43 E 08- 4335- 000 -00 BLDG MAINT. EQUIPMENT - CITY HALL Spec Fds $50.00 E 08- 4335 - 000 -00 BLDG MAINT. SUPPLIES - CITY HALL Spec Fds $37.41 E 01- 4305 - 070 -70 OPERATING SUPPLIES - PARKS Parks & Recreation $49.27 Search Name HOME DEPOT CREDIT SERVICES $810.39 Search Name HOSE INC E 15- 4305 - 060 -60 OPERATING SUPPLIES - SHOP Utility Enterprise $156.27 E 01- 4305 - 050 -50 OPERATING SUPPLIES - SHOP Road & Bridges $156.28 E 01 -4305- 070 -70 OPERATING SUPPLIES - SHOP Parks & Recreation $156.28 page 68 CITY OF MENDOTA HEIGHTS 08/29/1310P Page 4 Claims List SYSTEM CHECKS 09/03113 PAY Account Comments DEPT Descr Amount E 01- 4330 - 490-50 EQUIPMENT REPAIR PARTS -STREETS Road & Bridges $6 7.9 Search Name HOSE INC Search Name INTEGRA TELECOM E 01- 4210 - 020 -20 AUG -SEP 2013 TELEPHONE SERVICE Police $156.64 $294.76 E 15- 4210 - 060 -60 AUG-SEP 2013 TELEPHONE SERVICE Utility Enterprise $51.06 E 01-4210- 070 -70 AUG -SEP 2013 TELEPHONE SERVICE Parks & Recreation $51.06 E 01- 4210 - 050 -50 AUG -SEP 2013 TELEPHONE SERVICE Road & Bridges $190.88 E 05- 4210 - 105 -15 AUG-SEP 2013 TELEPHONE SERVICE Engineering Enterprise $76.35 E 01- 4210 - 040 -40 AUG -SEP 2013 TELEPHONE SERVICE Code Enforcement/insp $381.76 E 01- 4210 - 110 -10 AUG -SEP 2013 TELEPHONE SERVICE Administration $305.40 E 01- 4210 - 020 -20 AUG -SEP 2013 TELEPHONE SERVICE Police $1,507.91 Search Name INTEGRA TELECOM Search Name INVER GROVE FORD E 01- 4330 - 490-70 EQUIPMENT MAINT. PARTS Parks & Recreation $40.12 $2,072.01 E 01 -4330- 490 -70 EQUIPMENT MAINT. - TIRES Parks &Recreation $28.34 E 01- 4330-490 -70 EQUIPMENT MAINT. - TIRES Parks & Recreation $41.08 E 01 -4330- 490 -70 EQUIPMENT MAINT. PARTS Parks & Recreation $2,181.55 Search Name INVER GROVE FORD Search Name INVISIBLE FENCE CO. OF MN E 27 -4460- 782 -00 REPAIRS - HUNTER/ORCHARD Spec Fds $$189.22 Search Name INVISIBLE FENCE CO. OF MN Search Name J. HUNTLEY ELECTRIC STEM REPAIRS - PAR3 E 45 -4480- 045 -45 IRRIGATION SYSTEM Golf Course $915.00 $915:00 Search Name J. HUNTLEY ELECTRIC Search Name JOE BECKER CONSTRUCTION LLC E 45 -4480- 045 -45 MAINT. BLDG REPAIRS - PAR3 Golf Course $850.00 $850.00 Search Name JOE BECKER CONSTRUCTION LLC Search Name KFD TRAINING AND CONSULTATION E 01- 4400 - 020.20 TRAINING - T. SPICER Police $655.00 $655.00 Search Name KFD TRAINING AND CONSULTATION Search Name KIRCHNER CONTRACTING E 24- 4620- 000 -00 GENERATOR INSTALL - PW Spec Fds $1,066.66 $533.34 E 15- 4620 - 060 -60 GENERATOR INSTALL - PW Utility Enterprise $1,600.00 Search Name KIRCHNER CONTRACTING Search Name L E L S $585.00 G 01 -2075 SEPT 2013 UNION DUES $585.00 Search Name L E L S Search Name LAWSON PRODUCTS, INC E 15- 4305 - 060 -60 OPERATING SUPPLIES - SHOP Utility Enterprise $8.64 $24.09 E 01- 4305 - 050 -50 OPERATING SUPPLIES - SHOP Road ridges &B parks &Recreation $24.09 E 01- 4305 - 070-70 OPERATING SUPPLIES - SHOP Utility Enterprise $24.08 E 15- 4305 - 060 -60 OPERATING SUPPLIES - SHOP $8.64 E 01- 4305 - 020 -20 OPERATING SUPPLIES - SHOP Police Road & Bridges $8.64 E 01- 4305 - 050 -50 OPERATING SUPPLIES - SHOP Parks & Recreation $8.64 E 01- 4305 - 070 -70 OPERATING SUPPLIES - SHOP $106.82 Search Name LAWSON PRODUCTS, INC Search Name LUBE -TECH ESI E 01- 4305 - 050 -50 E 01- 4305 - 070-70 E 15- 4305 - 060 -60 Search Name LUBE -TECH ESI OPERATING SUPPLIES - PW OPERATING SUPPLIES - PW OPERATING SUPPLIES - PW Search Name M T I DISTRIBUTING COMPANY E 45 -4480- 045 -45 IRRIGATION SYSTEM REPAIRS - PAR3 E 01- 4330 - 490 -70 EQUIPMENT REPAIR PARTS Search Name M T I DISTRIBUTING COMPANY Search Name MCCARTHY WELL CO E 45 -4480- 045 -45 Search Name MCCARTHY WELL CO Search Name MENARDS E 15- 4305 - 060 -60 E 05- 4305 - 105 -15 E 05 -4305- 105 -15 E 01- 4305 - 070 -70 Search Name MENARDS Search Name MENDOTA HEIGHTS BP IRRIGATION SYSTEM REPAIRS - PAR3 OPERATING SUPPLIES - SEWER OPERATING SUPPLIES - ENG. OPERATING SUPPLIES - ENG. OPERATING SUPPLIES - PARKS E 01- 4330 - 490 -50 EQUIPMENT REPAIR - STREETS Search Name MENDOTA HEIGHTS BP Search Name METRO SALES E 01- 4330 - 490 -10 E 01- 4330 - 445 -40 E 01- 4330 - 490 -70 E 01 -4300- 080 -80 E 05- 4330 - 490 -15 E 45- 4305 - 045 -45 E 15- 4330 - 490 -60 E 01- 4330 - 440 -20 Search Name METRO SALES QUARTERLY COPIER MAINTENANCE QUARTERLY COPIER MAINTENANCE QUARTERLY COPIER MAINTENANCE QUARTERLY COPIER MAINTENANCE QUARTERLY COPIER MAINTENANCE QUARTERLY COPIER MAINTENANCE QUARTERLY COPIER MAINTENANCE QUARTERLY COPIER MAINTENANCE - PD Search Name MID NORTHERN ELECTRIC E 24- 4620- 000 -00 INSTALL BACK -UP GENERATOR - PW E 15- 4620- 060 -60 INSTALL BACK -UP GENERATOR - PW Search Name MID NORTHERN ELECTRIC Search Name MID NORTHERN SERVICES E 01- 4335 - 310 -50 LIGHTING REPAIRS - PW Road & Bridges $44.61 Parks & Recreation $44.60 Utility Enterprise $44.60 $133.81 Golf Course $5,435.46 Parks & Recreation $2.03 $5,437.49 Golf Course $6,667.61 $6,667.61 Utility Enterprise $87.98 Engineering Enterprise page 69 Engineering Enterprise CITY OF MENDOTA HEIGHTS 08/29/13 10:49 AM Page 5 $103.71 Claims List $47.20 Golf Course $4.29 SYSTEM CHECKS $51.49 Police $267.02 09/03/13 PAY Account Comments DEPT Descr Amount Search Name LOGIS Police $2,169.00 E 01 -4223- 020 -20 APPLICATION SUPPORT - PD $ 54.00 E 01- 4301 - 030 -30 APPLICATION SUPPORT - FIRE DEPT Fire $2,223.00 Search Name LOGIS Search Name LOWES BUSINESS ACCOUNT E 01- 4305 - 050 -50 OPERATING SUPPLIES - STREETS Road & Bridges $25.42 $121.10 E 01 -4305- 050 -50 OPERATING SUPPLIES - STREETS Road &Bridges $146.52 Search Name LOWES BUSINESS ACCOUNT Search Name LUBE -TECH ESI E 01- 4305 - 050 -50 E 01- 4305 - 070-70 E 15- 4305 - 060 -60 Search Name LUBE -TECH ESI OPERATING SUPPLIES - PW OPERATING SUPPLIES - PW OPERATING SUPPLIES - PW Search Name M T I DISTRIBUTING COMPANY E 45 -4480- 045 -45 IRRIGATION SYSTEM REPAIRS - PAR3 E 01- 4330 - 490 -70 EQUIPMENT REPAIR PARTS Search Name M T I DISTRIBUTING COMPANY Search Name MCCARTHY WELL CO E 45 -4480- 045 -45 Search Name MCCARTHY WELL CO Search Name MENARDS E 15- 4305 - 060 -60 E 05- 4305 - 105 -15 E 05 -4305- 105 -15 E 01- 4305 - 070 -70 Search Name MENARDS Search Name MENDOTA HEIGHTS BP IRRIGATION SYSTEM REPAIRS - PAR3 OPERATING SUPPLIES - SEWER OPERATING SUPPLIES - ENG. OPERATING SUPPLIES - ENG. OPERATING SUPPLIES - PARKS E 01- 4330 - 490 -50 EQUIPMENT REPAIR - STREETS Search Name MENDOTA HEIGHTS BP Search Name METRO SALES E 01- 4330 - 490 -10 E 01- 4330 - 445 -40 E 01- 4330 - 490 -70 E 01 -4300- 080 -80 E 05- 4330 - 490 -15 E 45- 4305 - 045 -45 E 15- 4330 - 490 -60 E 01- 4330 - 440 -20 Search Name METRO SALES QUARTERLY COPIER MAINTENANCE QUARTERLY COPIER MAINTENANCE QUARTERLY COPIER MAINTENANCE QUARTERLY COPIER MAINTENANCE QUARTERLY COPIER MAINTENANCE QUARTERLY COPIER MAINTENANCE QUARTERLY COPIER MAINTENANCE QUARTERLY COPIER MAINTENANCE - PD Search Name MID NORTHERN ELECTRIC E 24- 4620- 000 -00 INSTALL BACK -UP GENERATOR - PW E 15- 4620- 060 -60 INSTALL BACK -UP GENERATOR - PW Search Name MID NORTHERN ELECTRIC Search Name MID NORTHERN SERVICES E 01- 4335 - 310 -50 LIGHTING REPAIRS - PW Road & Bridges $44.61 Parks & Recreation $44.60 Utility Enterprise $44.60 $133.81 Golf Course $5,435.46 Parks & Recreation $2.03 $5,437.49 Golf Course $6,667.61 $6,667.61 Utility Enterprise $87.98 Engineering Enterprise $16.84 Engineering Enterprise $12.14 Parks & Recreation $103.71 $220.67 Road & Bridges $206.07 $206.07 Administration $575.01 Code Enforcement/Insp $51.49 Parks & Recreation $85.82 Planning $42.91 Engineering Enterprise $47.20 Golf Course $4.29 Utility Enterprise $51.49 Police $267.02 $1,125.23 Spec Fds $5,857.00 Utility Enterprise $2,928.50 $8,785.50 Road & Bridges $45.00 page 70 CITY OF MENDOTA HEIGHTS 08/29/13 10:49 AM Page 6 Claims List SYSTEM CHECKS 09/03113 PAY Account Comments DEPT Descr Amount E 01- 4335 - 310 -70 LIGHTING REPAIRS - PW Parks & Recreation $45.00 $ 45.00 E 15- 4335 - 310 -60 LIGHTING REPAIRS - PW Utility Enterprise $135.00 Search Name MID NORTHERN SERVICES Search Name MITCHELLI Utility Enterprise $158.13 E 15- 4300 - 060 -60 SEPT 2013 SERVICE $158.13 Search Name MITCHELLI Search Name MN BENEFIT ASSN E 01- 4131 - 050 -50 SEPT 2013 PREMIUM Road & Bridges $11.82 $46.34 PREMIUM G 01 -2071 SEPT 2013 PRE $14.95 G 01 -2073 SEPT 2013 PREMIUM $73.11 Search Name MN BENEFIT ASSN Search Name MN CONWAY E 05- 4220 - 105 -15 ANNUAL FIRE EXTINGUISHER INSP. - ENG Engineering Enterprise $29.61 E 45- 4335 - 045 -45 ANNUAL FIRE EXTINGUISHER INSP. - PAR3 Golf Course $68.00 E 01- 4335 - 310 -50 ANNUAL FIRE EXTINGUISHER INSP. - PW Road & Bridges $5.00 E 01- 4335 - 310 -70 ANNUAL FIRE EXTINGUISHER INSP. - PW Parks & Recreation $5.00 E 15- 4335 - 310 -60 ANNUAL FIRE EXTINGUISHER INSP. - PW Utility Enterprise $5 62 E 01- 4220 - 020 -20 ANNUAL FIRE EXTINGUISHER INSP. - PD Police $ $29 E 01- 4220 - 110 -10 ANNUAL FIRE EXTINGUISHER INSP. - ADMIN Administration $.85 Search Name MN CONWAY Search Name MN FIRE SERVICE CERTIFICATION E 01 -4403- 030 -30 FF II EXAM - D. OBER Fire $75.00 $75.00 Search Name MN FIRE SERVICE CERTIFICATION Search Name MN WANNER COMPANY E 01- 4330 - 490 -70 EQUIPMENT REPAIR PARTS Parks &Recreation $210.03 $210.03 Search Name MN WANNER COMPANY Search Name MNPEA $117.00 G 01 -2075 SEPT 201 3 UNION DUES $117.00 Search Name MNPEA Search Name NATURE CALLS, INC E 01- 4200 - 610 -70 JULY 2013 RENTALS - PARKS Parks & Recreation $841.32 $53.44 E 45- 4200 - 610 -45 JULY 2013 RENTALS - PAR3 Golf Course $894.76 Search Name NATURE CALLS, INC Search Name NCPERS GROUP LIFE INS. G 01 -2071 SEPT 2013 PREMIUM $96.00 $96.00 Search Name NCPERS GROUP LIFE INS. Search Name NORTH STAR PUMP SERVICE E 15- 4330 - 400 -60 LIFT STATION PUMP EMERGENCY REPAIR Utility Enterprise $10,631.73 $10,631.73 Search Name NORTH STAR PUMP SERVICE Search Name NORTHDALE CONST CO E 27 -4460- 774 -00 HUNTER /ORCHARD PROJECT Spec Fds $470,425.26 $470,425.26 Search Name NORTHDALE CONST CO Search Name NORTHERN TECHNOLOGIES, INC E 27- 4220 - 787 -00 CROWN PT /OVERLOOK PROJECT Spec Fds $280.00 CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 09103113 PAY page 71 08/29113 10:49 AM Page 7 Account Comments DEPT Descr Amount E 27- 4220 - 774 -00 HUNTER /ORCHARD PROJECT Spec Fds $2,015.00 $2,295.00 Search Name NORTHERN TECHNOLOGIES, INC Utility Enterprise $1.99 Search Name OFFICE DEPOT EQUIPMENT REPAIR PARTS - SHOP Parks & Recreation $1 E 01- 4300 - 020 -20 OFFICE SUPPLIES - PD Police $7.46 $7.34 E 01- 4305 - 020 -20 OFFICE SUPPLIES - CITIZENS ACADEMY Police $82.02 E 01- 4300 - 020 -20 OFFICE SUPPLIES - PD Police Road &Bridges $10.88 E 01- 4300 - 050 -50 OFFICE SUPPLIES - STREETS Engineering Enterprise $10.10 E 05- 4300 - 105 -15 OFFICE SUPPLIES - ENG. Spec Fds $19.65 E 07- 4305 - 000 -00 OFFICE SUPPLIES - EM. PREP. - $168.94 E 01- 4300-030 -30 OFFICE SUPPLIES - REFUND Fire - $61.43 E 01- 4300 - 030 -30 OFFICE SUPPLIES - REFUND Fire Engineering Enterprise $10.68 E 05- 4300 - 105 -15 OFFICE SUPPLIES - ENG. Road & Bridges $75.76 Search Name OFFICE DEPOT Search Name OREILLY AUTO /FIRST CALL E 01- 4330 - 490 -50 EQUIPMENT REPAIR PARTS - STREETS Road & Bridges $46.98 $1.99 E 15- 4330 - 490 -60 EQUIPMENT REPAIR PARTS - SHOP Utility Enterprise $1.99 E 01- 4330 - 490 -70 EQUIPMENT REPAIR PARTS - SHOP Parks & Recreation $1.99 E 01- 4330-490 -50 EQUIPMENT REPAIR PARTS - SHOP Road & Bridges $56.76 E 01- 4305 - 050 -50 OPERATING SUPPLIES - STREETS Road & Bridges $9.91 E 05 -4330- 490 -15 EQUIPMENT REPAIR PARTS - ENG. Engineering Enterprise $1.43 E 45- 4330 - 490 -45 EQUIPMENT REPAIR PARTS - PAR3 Golf Course $51.26 E 01- 4330 - 490 -70 EQUIPMENT REPAIR PARTS - SHOP Parks & Recreation $51.26 E 01- 4330 - 490 -50 EQUIPMENT REPAIR PARTS - SHOP Road & Bridges $42.70 E 15- 4330 - 490 -60 EQUIPMENT REPAIR PARTS - SHOP Utility Enterprise $42.71 E 01- 4330 - 490 -70 EQUIPMENT REPAIR PARTS - SHOP Parks & Recreation $42.71 E 01- 4330 - 490 - 50 EQUIPMENT REPAIR PARTS - SHOP Road & Bridges $55.22 E 15- 4330 - 490 -50 EQUIPMENT REPAIR PARTS - SHOP Utility Enterprise $55.22 E 01- 4330 - 490 -70 EQUIPMENT REPAIR PARTS - SHOP Parks & Recreation $55.22 E 01- 4330 - 490 - 50 EQUIPMENT REPAIR PARTS - SHOP Road & Bridges $51.25 E 15- 4330 - 490 -50 EQUIPMENT REPAIR PARTS - SHOP Utility Enterprise $110.07 E 01- 4330 - 490 -50 EQUIPMENT REPAIR PARTS - STREETS Road & Bridges $678.67 Search Name OREILLY AUTO/FIRST CALL Search Name PARKER, MICHELLE E 01 -4435- 200 -70 SAFETY CAMP SUPPLIES Parks & Recreation $54.60 $54.60 Search Name PARKER, MICHELLE Search Name PIPE SERVICES $1,050.00 G 01 -1145 SEWER CLEANING - LLOYD'S $1,050.00 Search Name PIPE SERVICES Search Name PROPHOENIX CORPORATION E 01-4400- 020 -20 CONF. REGISTRATION - K. HENNING Police $450.00 $450.00 Search Name PROPHOENIX CORPORATION Search Name SCHERZER, MARGIE E 27 -4460- 787 -00 CROWN PT /OVERLOOK PROJECT Spec Fds 163.62 $163.62 Search Name SCHERZER, MARGIE Search Name SCHUTTA, TAMARA $449.67 E 01 -4400- 110 -10 TRAVEL EXPENSE REIMB. - T. SCHUTTA Administration $449.67 Search Name SCHUTTA, TAMARA page 72 08/29/13 10:49 AM CITY OF MENDOTA HEIGHTS Page 8 Claims List SYSTEM CHECKS 09103113 PAY Account Comments DEPT Descr Amount Search Name SEAL MASTER E 01 -4330- 215 -70 PARK MAINT. SUPPLIES Parks &Recreation $76.91 $76.91 Search Name SEAL MASTER Search Name SETS DESIGN INC 575.47 E 01 -4410- 020 -20 UNIFORMS - PD Police $ $575.47 Search Name SETS DESIGN INC Search Name SEVEN CORNERS ACE HDWE E 08- 4335 - 000 -00 BLDG REPAIR SUPPLIES - CITY HALL Search Name SEVEN CORNERS ACE HDWE Search Name SHEL S AUTO ELECTRIC E 45- 4330 - 490 -45 EQUIPMENT REPAIR - PAR3 Search Name SHEL S AUTO ELECTRIC Search Name SIR LINES -A -LOT E 27 -4460- 787 -00 Search Name SIR LINES -A -LOT Search Name SPRINT E 01- 4210 - 110 -10 E 05- 4210 - 105 -15 E 01- 4210 - 030 -30 E 45- 4210- 045 -45 E 01- 4210- 020 -20 E 01- 4223 - 020 -20 E 15- 4210 - 060 -60 Search Name SPRINT CROWN PT /OVERLOOK PROJECT AUG 2013 CELL SERVICE AUG 2013 CELL SERVICE AUG 2013 CELL SERVICE AUG 2013 CELL SERVICE AUG 2013 CELL SERVICE AUG 2013 CELL SERVICE AUG 2013 CELL SERVICE Search Name SRF CONSULTING GROUP, INC E 22- 4220 - 786 -00 DODD RD/TH 110 PROJECT Search Name SRF CONSULTING GROUP, INC Search Name SULLIVAN, TERRY E 13 -4490- 000 -00 E 08 -4415- 000 -00 Search Name SULLIVAN, TERRY Search Name SUN LIFE G 01 -2071 E 01- 4131 - 110 -10 E 01- 4131 - 020 -20 E 01- 4131 - 050 -50 E 01- 4131 - 070 -70 E 05- 4131 - 105 -15 E 08- 4131 - 000 -00 E 15- 4131 - 060 -60 Search Name SUN LIFE Search Name T MOBILE E 01- 4210 - 070 -70 Search Name T MOBILE Search Name TRACTOR SUPPLY MILEAGE REIMBURSEMENT MILEAGE REIMBURSEMENT AUG 2013 TERM LIFE & DISB PREMIUM$ AUG 2013 TERM LIFE & DISB PREMIUM AUG 2013 TERM LIFE & DISB PREMIUM AUG 2013 TERM LIFE & DISB PREMIUM AUG 2013 TERM LIFE & DISB PREMIUM AUG 2013 TERM LIFE & DISB PREMIUM AUG 2013 TERM LIFE & DISB PREMIUM AUG 2013 TERM LIFE & DISB PREMIUM JULY 2013 CELL SERVICE Spec Fds Golf Course Spec Fds Administration Engineering Enterprise Fire Golf Course Police Police Utility Enterprise Spec Fds Spec Fds Spec Fds ,1,380.05 Administration Police Road & Bridges Parks & Recreation Engineering Enterprise Spec Fds Utility Enterprise Parks & Recreation $20.25 $20.25 $79.54 $79.54 $310.24 $310.24 $258.41 $128.25 $56.31 $78.20 $812.04 $319.92 $51.60 $1,704.73 $14,174.03 $14,174.03 $18.65 $101.13 $119.78 $173.67 $490.34 $216.70 $181.95 $105.29 $80.35 $74.94 $2,703.29 $187.57 $187.57 Search Name UNIFORMS UNLIMITED E 01- 4305 - 024 -20 EQUIPMENT - RESERVES Police $337.26 $337.26 Search Name UNIFORMS UNLIMITED Search Name WERNER ELECTRIC SUPPLY Fire $309.71 E 01- 4335 - 315 -30 BLDG MAINT. PARTS $309.71 Search Name WERNER ELECTRIC SUPPLY Search Name WESTERN PETROLEUM COMPANY Road & Bridges $158.23 E 01- 4305 - 050 -50 OPERATING SUPPLIES - STREETS $158.23 Search Name WESTERN PETROLEUM COMPANY $603,746.34 page 73 CITY OF MENDOTA HEIGHTS 08/29/13 10:49 AM 9 Pa ge 9 ge Claims List SYSTEM CHECKS 09/03113 PAY Account Comments DEPT Descr Amount E 45- 4334 - 045 -45 COURSE MAINTENANCE - PAR3 Golf Course $53.54 $53.54 Search Name TRACTOR SUPPLY Search Name TRIANGLE RUBBISH & RECYCLING E 01- 4280 - 315 -30 JULY 2013 SERVICE Fire $53.10 $53.10 Search Name TRIANGLE RUBBISH & RECYCLING Search Name TWIN CITY TELEPHONE E 01- 4330 - 490 -10 TELEPHONE SERVICE Administration $139.59 $139.59 Search Name TWIN CITY TELEPHONE Search Name U. S. BANK SAFETY CAMP SUPPLIES Parks & Recreation $10.97 E 01 -4435- 200 -70 E 01 -4435- 200 -70 SAFETY CAMP SUPPLIES Parks &Recreation $18.16 E 01 -4435- 200 -70 SAFETY CAMP SUPPLIES Parks & Recreation $13.89 $216.39 E 01 -4435- 200 -70 SAFETY CAMP SUPPLIES Parks & Recreation $15.98 E 01 -4435- 200 -70 SAFETY CAMP SUPPLIES Parks & Recreation $12.73 E 01 -4336- 070 -70 DAMAGE REPAIR MATERIALS - PARKS Parks & Recreation E 01 -4435- 200 -70 YOUTH TRIP - BASE CAMP Parks & Recreation $705.00 $51.10 E 01 -4490- 030 -30 FIREFIGHTER INTERVIEWS SEMINAR REGISTRATION - M. ALBERS Fire Engineering Enterprise $370.00 E 05 -4400- 105 -15 E 01- 4200-610 -70 EQUIPMENT RENTAL - PARKS Parks & Recreation $136.51 $1,550.73 Search Name U. S. BANK Search Name UNIFORMS UNLIMITED E 01- 4305 - 024 -20 EQUIPMENT - RESERVES Police $337.26 $337.26 Search Name UNIFORMS UNLIMITED Search Name WERNER ELECTRIC SUPPLY Fire $309.71 E 01- 4335 - 315 -30 BLDG MAINT. PARTS $309.71 Search Name WERNER ELECTRIC SUPPLY Search Name WESTERN PETROLEUM COMPANY Road & Bridges $158.23 E 01- 4305 - 050 -50 OPERATING SUPPLIES - STREETS $158.23 Search Name WESTERN PETROLEUM COMPANY $603,746.34 2013 Licensing List for City Council Type Contractor Name Asphalt General HVAC Landscape Valley Blacktopping, Inc 7 -10 Services, LLC Earth Wizards, Inc PNC Construction, Inc Apex Heating & Cooling, Inc Appliance Connections, Inc Newton's Tree & Stump Service, LLC page 74 Thursday, August 29, 2013 Page I of I page 75 8a. 1101 Victoria Curve I Mendota Height. v 651.452.1850 phone 1 651.452.8940 fax www.mendota- heights.com m* CITY OF MENDDTA HEIGHTS DATE: September 3, 2013 TO: Mayor and City Council FROM: Kristen Schabacker, Finance Director SUBJECT: Preliminary Levy for 2014 BACKGROUND On Tuesday, August 13, 2013 the city council held a budget workshop to discuss the proposed 2014 budget. At that time, no capital purchases were included in the levy. After receiving direction from the council, we have included the following capital purchases in the preliminary levy: • Network Switch — IT - $14,000 • LOGIS Public Safety Assessment— Police - $17,170 (remaining $25,600 is proposed to be taken from refunds received from the previous LOGIS assessment) • DTF Car — Police - $6,000 • 3/4 Ton Pickup — Parks - $37,500 • Wentworth Park Hockey Boards — Parks - $17,000 The items requested as capital purchases that are not included are the explorer vehicle ($29,000) for the police department, a fire marshal van ($29,000) and the one -ton pickup truck ($60,000) for the street department. Due to a 0% rate increase for health insurance, the monthly contribution toward employee insurance will not increase in 2014 and remain at the 2013 rate. The proposed budget/levy includes a 1% COLA wage increase. The total general fund budget for 2014 is $6,716,585 which is 1.93% greater than the 2013 budget. The total city budget for all funds in 2014 is $11,611,363. The total proposed levy increase is 2.92 %. The levy for 2014 will increase by $187,190 from the 2013 levy. The city is working within levy limits that are imposed by the state for 2014. Changes can be made to the preliminary budget prior to the adoption of the final budget in December 2013. The preliminary levy cannot be increased once it is certified in September 2013. The budget may be increased if funded by sources other than the property tax levy. page 76 Each year the City Council needs to adopt a preliminary budget and tax levy in September. This levy is certified to Dakota County before September 16th There are three resolutions that need to be passed. The first adopts the proposed budget for 2014. The second adopts the preliminary levy to be certified to the county. There is a third resolution that adopts a levy for the special taxing district. The special taxing district levy affects only the industrial park properties and is used to maintain and operate their street lights. Dakota County will send out parcel specific tax statements to the residents in November. This will show the change in taxes based on the preliminary levy adopted. The final budget and levy will then be discussed and approved at the council meeting on Tuesday, December 3, 2013. The final levy needs to be certified to the County no later than December 30, 2013. BUDGET IMPACT Below is a comparison of the proposed levy for 2014 to the final levy for 2013. Mrkt Value Rfrndm(Par 3 Bonds) $ 266,627 $ 264,737 Special Street Light District Net Certified Levy $ 48,000 $ 6,416,559 $ 33,000 $ 6,603,749 The proposed levy for 2014 reflects a 2.92% increase over the final levy for 2013. RECOMMENDATION Staff recommends that the Mendota Heights City Council approve the attached resolutions adopting the 2014 proposed budget, the 2014 proposed levy and the final tax levy for the special taxing district. 2013 2014 Final Preliminary General Fund $5,331,402 $5,454,959 Emergency Prep. 25,000 25,000 Fire Relief 68,000 68,000 Infrastructure /Facility Reserve 20,000 20,000 Equipment Reserve 20,000 20,000 Legal & Contingency 40,000 40,000 Net General Levy $ 5,504,402 $ 5,627,959 Improvement Bonds $ 545,471 $ 621,689 Equipment Certificates $ 52,059 $ 56,364 Mrkt Value Rfrndm(Par 3 Bonds) $ 266,627 $ 264,737 Special Street Light District Net Certified Levy $ 48,000 $ 6,416,559 $ 33,000 $ 6,603,749 The proposed levy for 2014 reflects a 2.92% increase over the final levy for 2013. RECOMMENDATION Staff recommends that the Mendota Heights City Council approve the attached resolutions adopting the 2014 proposed budget, the 2014 proposed levy and the final tax levy for the special taxing district. page 77 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2013- 66 RESOLUTION APPROVING PROPOSED 2013 LEVY COLLECTIBLE IN 2014 WHEREAS, the state law requires the City of Mendota Heights to certify a tentative tax levy for 2014 prior to September 16, 2013; and WHEREAS, the levy may be adjusted prior to December 30, 2013, to an amount not to exceed the adopted tentative levy. NOW THEREFORE BE IT RESOLVED, that the city council adopt the following tentative levy for tax against all taxable property in the City of Mendota Heights for collection in the year 2014: 2014 Preliminary General Fund 5,454,959 Emergency Preparedness 25,000 Fire Relief 68,000 Infrastructure Reserve 20,000 Equipment Reserve 20,000 Legal & Contingency Levy 40,000 Net General Tax Levy $5,627,959 Special Debt Levies Improvement Bonds 621,689 Equipment Certificates 56,364 Net Levy Debt Service $ 678,053 Market Value Referendum Levy $ 264,737 Street Light District $ 33,000 Preliminary Levy Certified $6,603,749 page 78 BE IT FURTHER RESOLVED that the levy shall be amended following budget hearings to reflect the adopted city budget. BE IT FURTHER RESOLVED that the city council will hold a hearing Tuesday, December 3, 2013 at 7:00 P.M. at their regularly scheduled council meeting for the purpose of considering the proposed budget and levy. The public is invited to attend the meeting and speak to the final budget and levy. Adopted by the City Council of the City of Mendota Heights this 3rd day of September, 2013. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST Lorri Smith, City Clerk page 79 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2013- 67 RESOLUTION APPROVING FINAL 2013 TAX LEVY FOR SPECIAL TAXING DISTRICT NO. 1 COLLECTIBLE IN 2014 WHEREAS, the City of Mendota Heights has, by Resolution No. 87 -91, authorized the levy of taxes within Special Tax District No. 1 for the purpose of paying operating costs of the street lighting system established with said district; and WHEREAS, the City of Mendota Heights has determined that the sum of $33,000 will be required in 2014 for the purpose of paying such operating costs. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Mendota Heights adopt the following levy against all taxable property within said Special Taxing District No. 1. Operation and Maintenance costs $33,000 BE IT FURTHER RESOLVED, that any tax exempt property within said district be billed for services at a comparable rate computed on the assessor's market value of such property. Adopted by the City Council of the City of Mendota Heights this 3rd day of September, 2013. By ATTEST Lorri Smith, City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor page 80 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2013- 68 RESOLUTION ADOPTING 2014 PROPOSED BUDGET WHEREAS, State Statutes requires city council adoption of a proposed budget for 2014 on or before September 16, 2013; and WHEREAS, the city council has received and reviewed the city administrator's proposed 2014 budget; and WHEREAS, council recognized that the budget document was prepared on the basis of a preliminary levy; and WHEREAS, the final budget and levy will be considered at a council meeting set for December 3, 2013. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Mendota Heights that the city administrator's proposed 2014 budget appropriates expenditures in a manner consistent with service level needs and preliminary levy funding; and BE IT FURTHER RESOLVED, that council hereby adopts the administrator's proposed 2014 budget subject to amendment following budget and levy hearings and adoption of a final levy. The 2014 proposed budget reflects $11,611,363 of expenditures for all budgeted funds. Adopted by the City Council of the City of Mendota Heights this 3rd day of September, 2013. By ATTEST Lorri Smith, City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor page 81 1101 Victoria Curve I Mendota Heights, `-' b 651.452.1850 phone 1 651.452.8940 www.mendota- heights.com m* CITY OF MENDDTA HEIGHTS DATE: September 3, 2013 TO: Mayor, City Council, and City Administrator FROM: John R. Mazzitello, PE, PMP - Public Works Director /City Engineer SUBJECT: Request to Dissolve the Existing Joint Powers Agreement (JPA) with the Gun Club Lake Water Shed Management Organization (WMO) BACKGROUND The City of Mendota Heights is currently a member of two different WMOs; the Gun Club Lake WMO and the Lower Mississippi River WMO. WMOs are regulatory bodies responsible for the independent oversight of storm water management activities within their member communities. WMOs are specifically charged with regulating inter jurisdictional drainage patterns where surface water flows from one municipality to another. The oversight of WMOs is provided by the State of Minnesota Board of Soil and Water Resources (BWSR). The City is divided by land area with approximately 25% of the City in the Gun Club Lake WMO and 75% of the City in the Lower Mississippi River WMO. These relationships require the City of Mendota Heights to adhere to the provisions of two separate WMO management plans, and effectively double the amount of time City staff spends on WMO activities. The Gun Club Lake WMO is currently revising their management plan and this is an opportune time to propose a reorganization of the two WMOs affiliated with Mendota Heights. If the City Council chooses to pursue reorganization, the City of Mendota Heights could be included, almost totally, within the Lower Mississippi River WMO; thus simplifying the compliance requirements and reducing the total amount of time and resources expended on WMO activities. In order for this reorganization to take place, the existing JPA with the Gun Club Lake WMO would need to be dissolved. In order to dissolve the existing JPA, two of the three member cities would need to approve the dissolution. The other two member cities in the Gun Club Lake WMO, Eagan and Inver Grove Heights, would then re- establish a JPA to re -form the Gun Club Lake WMO without the City of Mendota Heights' participation. Once the existing Gun Club Lake WMO JPA is dissolved, the Lower Mississippi River WMO will need to amend their JPA with member cities to reflect the addition of the area of the Gun Club Lake WMO area of Mendota Heights. City staff has contacted the Public Works Directors of the other Gun Club Lake WMO member cities, as well as representatives from BWSR and both the Gun Club Lake and Lower Mississippi River WMO Management Boards, and all have expressed their support for this reorganization. page 82 This action is based solely on Mendota Heights' desire to derive efficiencies and streamline processes with our city; and it is our sincerest desire to retain the superior working relationship we have always enjoyed with both the City of Eagan and the City of Inver Grove Heights. BUDGET IMPACT Membership dues to the WMOs are paid out of the Storm Sewer Utility Fund. Mendota Heights' dues to the Lower Mississippi River WMO would increase due to additional area being added to the WMO, but this increase in dues is anticipated to be consistent with the dues amount currently paid to the Gun Club Lake WMO. RECOMMENDATION Staff recommends Council approve the attached Resolution 2013 -58, A RESOLUTION REQUESTING A JOINT POWERS AGREEMENT FOR THE GUN CLUB LAKE WATERSHED MANAGEMENT ORGANIZATION BE DISSOLVED. This action requires a simple majority vote. page 83 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2013 -58 A RESOLUTION REQUESTING A JOINT POWERS AGREEMENT FOR THE GUN CLUB LAKE WATERSHED MANAGEMENT ORGANIZATION BE DISSOLVED WHEREAS, the City of Mendota Heights is currently a member of two separate Watershed Management Organizations; and WHEREAS, the City of Mendota Heights desires to streamline city activities, rules, and regulations for the benefit of residents, businesses, and property owners; and WHEREAS, the City of Mendota Heights desires to realize this streamlining by removing a specific area of the City from the jurisdiction of the Gun Club Lake Watershed Management Organization and joining that area into the Lower Mississippi River Watershed Management Organization; and WHEREAS, the Board of Water and Soil Resources has already reviewed the request of the City of Mendota Heights and has indicated support for the desired Watershed Management Organization reorganization; and WHEREAS, under the terms of the existing Joint Powers Agreement for the Gun Club Lake Watershed Management Organization, an official request for dissolving said Joint Powers Agreement is required; and WHEREAS, remaining members can adopt a new Joint Powers Agreement amongst themselves without participation from the City of Mendota Heights once the existing Joint Powers Agreement is dissolved. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the City makes a formal request to dissolve the existing Joint Powers Agreement for the Gun Club Lake Watershed Management Organization. BE IT FURTHER RESOLVED that the City of Mendota Heights intends to transfer the area of the City currently regulated by the Gun Club Lake Watershed Management Organization into the Lower Mississippi River Watershed Management Organization. Adopted by the City Council of the City of Mendota Heights this third day of September 2013. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST Lorri Smith, City Clerk page 84 1101 Victoria Curve I Mendota Heights, M 8c ' 651.452.1850 phone I 651.452.8940 ax www.mendota- heights.com , m* CITY OF MENDDTA HEIGHTS DATE: September 3, 2013 TO: Mayor, City Council and City Administrator FROM: Nolan Wall, Planner SUBJECT: A Resolution Denying Building Setback Variances and Approving Parking Setback Variances at the Proposed Scannell Office - Warehouse Site BACKGROUND Scannell Properties 162, LLC submitted a planning application for consideration for variances to building and parking setback distances for the unaddressed property located at the southwest quadrant of Commerce Drive and Lemay Avenue in the Mendota Heights Business Park. The property is guided and zoned I- Industrial and is currently undeveloped. Steve Grittman of NAC Planning presented the request to the Planning Commission at their regular meeting August 27, 2013. The applicant is proposing to construct a 71,933 square foot office /warehouse on the site and is seeking the following variances (as shown on the Site Plan included in the Consulting Planner's memo): 1. Variance from the 40 -foot setback to allow setbacks of 30 feet and 32 feet, respectively, on the north end of the building. 2. Variance from the 20 -foot setback to allow a setback of 10 feet for the west parking lot adjoining Commerce Drive. 3. Variance from the 20 -foot setback to allow a setback of 10 feet for the south parking lot adjoining Commerce Drive. The applicant explained to the Commission that there is a need to maximize the building's square footage to accommodate the needs of potential tenants, thus the building setback variances were necessary in the proposed locations. According to the applicant, the lot's narrow east -west configuration limits the amount of parking available to potential tenants if adherence to the 20 -foot setback is required. The applicant acknowledged that building modifications could be made at this stage in order to comply with the required setbacks and agreed to work with City staff to enhance the site's landscaping along the parking areas if necessary. Draft findings of fact for approval and denial of each request were included in the Planning Commission packet. The Planning Commission conducted a public hearing, there were no comments. BUDGETIMPACT N/A RECOMMENDATION The Planning Commission recommended denial of the building setback variance request and approval of both parking lot setback variance requests as described in planning case 2013 -13. If City Council desires to implement these recommendations, pass the following motions: page 85 Adopt RESOLUTION 2013 -60 DENYING A BUILDING SETBACK VARIANCE AT THE UNADDRESSED PROPERTY LOCATED AT THE SOUTHWEST QUADRANT OF COMMERCE DRIVE AND LEMAY AVENUE IN THE MENDOTA HEIGHTS BUSINESS PARK. Adopt RESOLUTION 2013 -61 APPROVING A PARKING SETBACK VARIANCE OF TEN FEET ALONG COMMERCE DRIVE AND THE WESTERN BOUNDARY OF THE SITE AT THE UNADDRESSED PROPERTY LOCATED AT THE SOUTHWEST QUADRANT OF COMMERCE DRIVE AND LEMAY AVENUE IN THE MENDOTA HEIGHTS BUSINESS PARK. Adopt RESOLUTION 2013 -62 APPROVING A PARKING SETBACK VARIANCE OF TEN FEET ALONG COMMERCE DRIVE AND THE SOUTHERN BOUNDARY OF THE SITE AT THE UNADDRESSED PROPERTY LOCATED AT THE SOUTHWEST QUADRANT OF COMMERCE DRIVE AND LEMAY AVENUE IN THE MENDOTA HEIGHTS BUSINESS PARK. These matters require a simple majority vote. page 86 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2013 - 60 A RESOLUTION DENYING A BUILDING SETBACK VARIANCE AT THE UNADDRESSED PROPERTY LOCATED AT THE SOUTHWEST QUADRANT OF COMMERCE DRIVE AND LEMAY AVENUE IN THE MENDOTA HEIGHTS BUSINESS PARK WHEREAS, Scannell Properties 162, LLC has applied for a variance to the building setback requirement for the unaddressed property located at the southwest quadrant of Commerce Drive and Lemay Avenue in the Mendota Heights Business Park (PID 27- 48273 -02- 010, Lot 1, Block 2 Mendota Heights Business Park 4th Addition) as proposed in planning case 2013 -13; and WHEREAS, the Planning Commission held a public hearing on this matter at their regular meeting August 27, 2013. NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council that a variance to the building setbacks as proposed in planning case 2013 -13 is hereby denied with the following findings of fact: 1. The parcel on which the building is proposed is a fully conforming parcel under the zoning regulations, with no unique conditions related to building placement such as topography or restrictions that limit its use. 2. The site in question is larger in all dimensions than the minimum requirements of the Code, and can accommodate many design and site planning options. 3. Reasonable use can be made of the property without variance with building architecture that reflects the site. 4. Any difficulties in utilizing the site are the result of actions of the applicants through design and use of the building. Adopted by the City Council of the City of Mendota Heights this third day of September, 2013. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST Lorri Smith, City Clerk page 87 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2013 - 61 A RESOLUTION APPROVING A PARKING SETBACK VARIANCE OF TEN FEET ALONG COMMERCE DRIVE AND THE WESTERN BOUNDARY OF THE SITE AT THE UNADDRESSED PROPERTY LOCATED AT THE SOUTHWEST QUADRANT OF COMMERCE DRIVE AND LEMAY AVENUE IN THE MENDOTA HEIGHTS BUSINESS PARK. WHEREAS, Scannell Properties 162, LLC has applied for a variance to the parking setback requirement along Commerce Drive and the western boundary of the site for the unaddressed property located at the southwest quadrant of Commerce Drive and Lemay Avenue in the Mendota Heights Business Park (PID 27- 48273 -02 -010, Lot 1, Block 2 Mendota Height Business Park 4th Addition) as proposed in planning case 2013 -13; and WHEREAS, the Planning Commission held a public hearing on this matter at their regular meeting August 27, 2013. NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council that a variance to the parking setbacks as proposed in planning case 2013 -13 is hereby approved with the condition that the applicant work with City staff to enhance the landscaping along the parking area and the following findings of fact: 1. Common width and loading area circulation needs constricts the usable area of the property from east to west. 2. A 10 foot parking setback is not uncommon in the immediate neighborhood for industrial property. 3. Additional landscaping along the parking boundary will help to mitigate the impacts of the parking area encroachment along the west frontage. 4. Parcels across Commerce Drive from this encroachment are not likely to be impacted by the variance as proposed. 5. Use of the property — with the building width as designed — is a reasonable one for the site in question. 6. The proposed site is irregular in shape, is bounded by public streets on three sides, and the narrowness of the east/west dimension poses practical difficulties. Adopted by the City Council of the City of Mendota Heights this third day of September, 2013. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST Lorri Smith, City Clerk page 88 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2013 - 62 A RESOLUTION APPROVING A PARKING SETBACK VARIANCE OF TEN FEET ALONG COMMERCE DRIVE AND THE SOUTHERN BOUNDARY OF THE SITE AT THE UNADDRESSED PROPERTY LOCATED AT THE SOUTHWEST QUADRANT OF COMMERCE DRIVE AND LEMAY AVENUE IN THE MENDOTA HEIGHTS BUSINESS PARK. WHEREAS, Scannell Properties 162, LLC has applied for a variance to the parking setback requirement along Commerce Drive and the southern boundary of the site for the unaddressed property located at the southwest quadrant of Commerce Drive and Lemay Avenue in the Mendota Heights Business Park (PID 27- 48273 -02 -010, Lot 1, Block 2 Mendota Heights Business Park 4th Addition) as proposed in planning case 2013 -13; and WHEREAS, the Planning Commission held a public hearing on this matter at their regular meeting August 27, 2013. NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council that a variance to the parking setbacks as proposed in planning case 2013 -13 is hereby approved with the condition that the applicant work with City staff to enhance the landscaping along the parking area and the following findings of fact: 1. Full "front- yard" setbacks on both north and south property lines restrict the ability to design parking areas on the south side of the building accessible to the proposed office. 2. A 10 -foot parking setback is not uncommon in the immediate neighborhood for industrial property. 3. Additional landscaping along the parking boundary will help to mitigate the impacts of the parking area encroachment along the west frontage. 4. Parcels across Commerce Drive from this encroachment are not likely to be impacted by the variance as proposed. 5. Use of the property is a reasonable one for the site in question, and adhering to the additional parking setbacks on both frontages interferes with this reasonable use. Adopted by the City Council of the City of Mendota Heights this third day of September, 2013. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST Lorri Smith, City Clerk page 89 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners @nacplanning.corn MEMORANDUM TO: Mendota Heights Planning Commission FROM: Stephen W. Grittman DATE: August 22, 2013 MEETING DATE: August 27, 2013 SUBJECT: Scannell Office - Warehouse Setback Variances CASE NO: NAC Case 254.04 — 13.13 APPLICANT(S): Scannell Properties LOCATION: Commerce Drive and Lemay Avenue ZONING: I, Industrial GUIDE PLAN: Industrial Background and Description of Request: The applicants are seeking to develop an existing parcel of land, designated as Lot 1, Block 2 of Mendota Heights Business Park 4t" Addition. The parcel is adjoined by Commerce Drive on the south and west, and Lemay Avenue on the north, and abuts industrial property on its east boundary. The parcel lies just north and west of the intersection of Pilot Knob Road and State Highway 13. The applicants have proposed to construct an office - warehouse building on the site, with employee and visitor parking on the south and west edges of the property nearest to Commerce Drive, and loading dock facilities on the interior east side. The proposed building is approximately 71,933 square feet in area, constructed of smooth finish concrete panels, with two entrance door areas to the west, and one to the south. Of the nearly 72,000 square feet identified on the plan, three separate office spaces of 4,800 square feet each are shown, one at each of the primary entrance door areas. Thus, office space totals 14,400 square feet, with the remaining 57,600 square feet left for industrial /warehouse floor area. page 90 The applicants calculate a zoning code requirement of 61 parking spaces assuming office and warehouse as noted, while the site plan provides 104 total parking stalls. As noted, loading dock doors line the east side of the building, with 15 dock - height recessed access doors and two at -grade overhead doors. The building and site improvements cover 83% of the site with impervious surface. To accomplish development of this intensity, the applicants are seeking a variance to building setback on the north along Lemay Avenue, along with parking lot /curb line setback variances on all four sides of the property. The building setback requirement for industrial district buildings is 40 feet for all portions of the property abutting a public street. In this case, the site is adjoined on three sides by a public street. The applicants proposed to meet the setbacks on east, south, and west sides, but the corners of the building encroach into the north setback in two locations, leaving triangular encroachments to 32 feet and 30 feet. The applicants indicate that about 263 square feet of building area would be within the setback area under this design. The proposed parking setback is 10 feet, whereas 20 feet is the standard requirement for any parking area adjoining a public street. For the proposed development, parking setback variances have been requested for the west and south parking lots adjoining Commerce Drive in both cases. Analysis: When the City considers variances, the Zoning Ordinance provides the following standard of review: The City must find that an application for variance is proposing to use the property in a reasonable manner, not inconsistent with the manner in which other property in the neighborhood may be used, and where there are unique conditions on the property, not created by the applicant, that constitute "practical difficulties" in using the property in such a way. To approve the variance as requested, the City must find that the proposed setbacks for the building and parking areas constitute a reasonable manner of use, and that the conditions leading to the variance are unique to the property in question, not created by the applicant, and would be consistent with the character of the neighborhood in which the property is located. With regard to the building setback, the north wall of the building abuts Lemay Avenue at an angle, leaving two corners encroaching in to the required setback area. As noted above, variances require that there are unique conditions on the property that create practical difficulties in using the property in a reasonable manner. It would appear that a small reduction in the floor area — either by "shaving off" these corners, or redesigning this portion of the building, would permit the applicants to meet the requirements of the ordinance without variance. 2 page 91 The parcel is approximately 4.37 acres in area, and could accommodate many building designs — the variance appears to be necessitated in this case by the applicant's interest in maximizing floor area and reserving significant areas of buildable area for loading dock space, rather than in some physical condition on the property. Corner lot conditions are not uncommon in the district, although it is relatively rare to find a single parcel with three distinct frontages. With regard to the parking lot setbacks, there are a variety of parking setbacks in the area, with 20 feet being common, although 10 feet (or less) is also seen, particularly to the north of Lemay Avenue and to the east along Pilot Knob Road. The applicant suggests that the width of the building utilizes a standard dimension that, when combined with the circulation requirements of the loading area, leaves only enough space along the west boundary for a single - loaded parking aisle, and this with only a 10 foot setback, rather than the 20 foot setback otherwise required. The practical difficulty in this case would appear to be the limitations of the lot width from east to west, and the usable dimensions of the building. Together the landscaping plan provided by the applicant that shows a planting of trees and shrubs along the full length of the site, it would appear that a 10 foot setback along the west frontage could be seen as consistent with the conditions in the area, and constitute a reasonable manner of use. For parking to the south of the building, the applicants also proposed a 10 foot setback for a double - loaded parking area. Moreover, the parking dimensions are shown at just 60 feet deep curb to curb. The zoning ordinance requires 64 feet for such designs, and as noted, the site plan has provided many more parking spaces than required by code. The 20 foot setback could be accommodated on the south side by reducing the length of the building overall by just 10 feet out of more than 450 feet of length — about 2% - which would permit the site plan to be modified to meet the parking setback and, most likely, provide adequate dimensions for the proposed parking. The circulation needs of the loading area do not affect this north -south dimension as they do the east -west dimensions of the site plan. Action Requested: Following a public hearing, the Planning Commission should consider recommending approval or denial of three separate variances as identified below: 1. Building setback variance to accommodate encroachments into the required setback area along Lemay Avenue to within 30 feet and 32 feet, a total of 263 feet of building floor area. 2. Parking lot setback variance to accommodate an encroachment into the required 20 foot setback area along Commerce Drive to the west of the site to within 10 feet of the street right of way. page 92 3. Parking lot setback variance to accommodate an encroachment into the required 20 foot setback area along Commerce Drive to the south of the site to within 10 feet of the street right of way. Staff Recommendation: Attached to the staff report are alternative findings of fact for either approval or denial of each of the three variance requests identified above. Planning staff recommends as follows.. Denial of the variance into the Lemay Avenue building setback requirements. The applicants can meet the setbacks by relatively minor modifications to the building, and the conditions resulting in the setback encroachments do not appear to be unique to the site, but are the result of the building design. 2. Approval of the variance to the parking setback along Commerce Drive to the west. The dimensions of the site, along with the needs of loading area circulation, appear to interfere with reasonable use of this area, and appear to justify the reduced parking setback. 3. Denial of the variance to the parking setback along Commerce Drive to the south. The north -south length dimensions of the building would not appear to be as sensitive as the east -west dimension, as noted in the report. A minor reduction in length of the building would impact only about 2% of the space and provide the required setback, as well as permit the parking area to meet the full dimension identified in the zoning ordinance. The applicant would also have the option of eliminating some of the parking in this area since the site plan has more parking than required by code. Supplementary Materials: 1. Site Location Map 2. Application materials dated August 5, 2013 3. Findings of Fact for Approval or Denial 4 page 93 Site Location — Commerce Drive and Lemay Avenue s page 94 Draft Findings of Fact For Approval Commerce Drive and Lemay Avenue Lot 1, Block 2 Mendota Heights Business Center 4t" Addition Building Setback Variance The proposed site is irregular in shape, and bounded by public streets on three sides. 2. The additional setback standard imposed by three frontages places a substantial burden on making reasonable use of the property difficult, and constitutes a "practical difficulty" for such use. 3. The setback encroachment is minimal, and is offset by areas of the same frontage in which the setback is greater than the requirement. 4. The encroachment as designed is not incompatible with the uses and character of the neighborhood or locale. 6 page 95 Draft Findings of Fact For Denial Commerce Drive and Lemay Avenue Lot 1, Block 2 Mendota Heights Business Center 4t" Addition Building Setback Variance The parcel on which the building is proposed is a fully conforming parcel under the zoning regulations, with no unique conditions such as topography or restrictions that limit its use. 2. The site in question is larger in all dimensions than the minimum requirements of the code, and can accommodate many design and site planning options. 3. Reasonable use can be made of the property without variance with building architecture that reflects the site. 4. Any difficulties in utilizing the site are the result of actions of the applicants through design and use of the building. 7 page 96 Draft Findings of Fact For Approval Commerce Drive and Lemay Avenue Lot 1, Block 2 Mendota Heights Business Center 4t" Addition Parking Setback Variance — West Property Line Common width and loading area circulation needs constricts the usable area of the property from east to west. 2. A 10 foot parking setback is not uncommon in the immediate neighborhood for industrial property. 3. Additional landscaping along the parking boundary will help to mitigate the impacts of the parking area encroachment along the west frontage. 4. Parcels across Commerce Drive from this encroachment are not likely to be impacted by the variance as proposed. 5. Use of the property — with the building width as designed — is a reasonable one for the site in question. 8 page 97 Draft Findings of Fact For Denial Commerce Drive and Lemay Avenue Lot 1, Block 2 Mendota Heights Business Center 4t" Addition Parking Setback Variance — West Property Line Changes to the building may be made which would provide adequate parking setback. 2. Reasonable use of the property may be made without violating the parking setback along Commerce Drive. 3. Any practical difficulty resulting in a reduced parking setback is due to actions of the applicant through design of the building or site plan. 4. There are no unique conditions on the property that would justify a reduction in parking setback as proposed. 9 page 98 Draft Findings of Fact For Approval Commerce Drive and Lemay Avenue Lot 1, Block 2 Mendota Heights Business Center 4t" Addition Parking Setback Variance — South Property Line Full "front- yard" setbacks on both north and south property lines restricts the ability to design parking areas on the south side of the building accessible to the proposed office. 2. A 10 foot parking setback is not uncommon in the immediate neighborhood for industrial property. 3. Additional landscaping along the parking boundary will help to mitigate the impacts of the parking area encroachment along the west frontage. 4. Parcels across Commerce Drive from this encroachment are not likely to be impacted by the variance as proposed. 5. Use of the property is a reasonable one for the site in question, and adhering to the additional parking setbacks on both frontages interferes with this reasonable use. 10 page 99 Draft Findings of Fact For Denial Commerce Drive and Lemay Avenue Lot 1, Block 2 Mendota Heights Business Center 4t" Addition Parking Setback Variance — South Property Line Changes to the building may be made which would provide adequate parking setback. 2. Reasonable use of the property may be made without violating the parking setback along Commerce Drive south of the building. 3. Any practical difficulty resulting in a reduced parking setback is due to actions of the applicant through design of the building or site plan, including north -south length. 4. There are no unique conditions on the property that would justify a reduction in parking setback as proposed. 11 page 100 CITY l* MEND ' 'H' EIGHTS NOTICE OF PUBLIC HEARING A PUBLIC'HEAFINd ON A REQUEST FOR VARIANCES TO BUILDING AND PARKING SETBACK -DISTANCES TO WHOM IT MWC,ONCERN: NOTICE' Isi hereby given that the Planning'' Commission of Mendota Heights will meet at 7:00 P.M., or as soon''.as possible; thereafter, on Tuesday, August 27, 2013 in the City an selDaCK oisiances at ine. tsuuuiwubL quadrant of LeM,ay Avenue and'. Commerce Drive: "This. request has been assigned Planning Case number2013-,13... This notice is pursuant to Title 12 ' (Zoning), ,.Chapter, 1„of ,Mendota' Heights,City,Code Such persons as, i desire to be'heard "with reference to' this request will be 'heard at this meeting. Lord Smith City Clerk (South -west Review: Aug. Ill, 2013) page 101 Dakota County, MN 274827301010 -::274827.201010 1500 COMMERCE DR COMMERCE DR.::. 10 ST PAUL FIRE AND MARINE A SSQCIATED:BANK: INSURANCE CO 274827301020 272900003102 1520 COMMERCE DR STATE OF MN BITUMINOUS PROPERTIES LLC 274827101010 1400 COMMERCE DR UNITED PROPERTIES INV CO Disclaimer., Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a Map Scale legal document and should not be substituted for a title search, appraisal, survey, or for zoning 1 inch = 889 feet verification. Dakota County assumes no legal responsibility for the information contained in this data. 0 /a /-)n page 102 Variance to reduce the parking setback from 20' to 101 on the west and south sides of the parcel. City of Mendota Heights Variance Checklist /Questionnaire Page 2 Please answer the following questions as they relate to your request for a variance. You may fill in this form or create your own: 1. In your opinion, is the variance consistent with the current land use in the neighborhood? Yes (X) No ( ) Why or why not? There are adjacent parcels with similar or less than a 101 parking setback. Specifically the MnDOT parcel to the north has a near 0' parking setback along their two parking areas adjacent to Lemay Avenue. 2. In your opinion, does the proposal put property to use in a reasonable manner? Yes (x) No ( ) Why or why not? The variance has been requested to provide for adequate parking for the development. The 10' setback allows for fifty parking spaces along the west side of the property and allows for twenty seven along the south side of the property. 3. Please describe the circumstances unique to the property (not created by you). The parcel was platted in December of 1992, prior to the applicant purchasing the parcel. Due to the existing parcel's limited size a variance is being requested to provide adequate parking for the proposed building that will create a project that can be marketed and attract desirable corporate tenants while meeting their required standards for the building, parking and truck delivery needs. 4. In your opinion, will the variance, if granted, fit with the character of the neighborhood? Yes (X) No ( ) Why or why not? We believe the proposed development will keep with the spirit and intent of the ordinance and will fit the character of the neighboring office/warehouse users. The proposed development will utilize an undeveloped piece of property that has been vacant since 1992. The planning commission must make an affirmative finding on all of the five criteria listed above in order -to. ,grant a variance The applicant for a variance has the burden of proof to show that all of the criteria listed above have been satisfied. Vatlaiice Checklist (modified 1012012) page 103 Variance to reduce the north building setback from 40' to 30'. City of Mendota Heights Variance Checklist/ Questionnaire Page 2 Please answer the following questions as they relate to your request fora variance. You may fill in this form or create your own: 1. In your opinion, is the variance consistentwith the current land use in the neighborhood? Yes (x) No ( ) Why or why not? The proposed use is consistent with the existing land uses in the area. We believe the proposed development will be less intense than some of the surrounding uses. The proposed building area outside of the 40, setback is fairly minimal at approximately 263 S.F. 2. In your opinion, does the proposal put property to use in a reasonable manner? Yes (x) No ( ) Why or why not? The variance has been requested to provide for a building to meet the need of the market demand for office/warehouse space. 3. Please describe the circumstances unique to the property (not created by you). The parcel was platted in December of 1992, prior to the applicant purchasing the parcel. Due to the existing parcel's limited size a variance is being requested to provide for a building that will create a project that can be marketed and attract desirable corporate tenants while meeting their required standards for the building, parking and truck delivery needs. 4. In your opinion, will the variance, if granted, fit with the character of the neighborhood? Yes (X) No ( ) Why or why not? We believe the proposed development will keep with the spirit and intent of the ordinance and will fit the character of the neighboring office/warehouse users. The proposed development will utilize an undeveloped piece of property that has been vacant since 1992. The planning commission must make an affirmative finding on all of the five criteria listed above in pKq9K!9..grant a variance. The applicant for a variance has the burden of proof to show that all of the criteria listed above have been satisfied. Mailance Checklist (inodifled 1012012) E d m 0 I m N V1 0 m AV� V 1 V4 PA 4P, Jill!f CEh1AY Vv / i, o ° i \ D� fAl, - i N 0 40 80 160 SCALE IN FEET SOkoi 5.r PROJECT LOCATOCA770t a� 4 � °p2 � 1 r Glako Rub c s VICINITY MAP N NOTTOSCALE l_ _ _ - l C -0 COVER SHEET EXISTING CONDITIONS SURVEY C -2 SITE PLAN L -1 LANDSCAPE PLAN ALL FLOOR PLAN All ELEVATIONS k OWNER /DEVELOPER ROBERT G.CSERESZNYES SCANNELL PROPERTIES 800 E. 96TH STREET, SUITE 175 INDIANAPOLIS, IN 46240 -3868 PH 317 -843 -5950 robc@scannellproperties.com 4__It'- CONTACT: TIM MEADOR SCANNELL PROPERTIES 800 E. 96TH STREET, SUITE 175 INDIANAPOLIS, IN 46240 -3868 PH 317 - 843 -5971 timm@scannellproperties.com CIVIL ENGINEER CLARK WICKLUND, P.E. LICENSE NO. 40922 ALLIANT ENGINEERING, INC. 233 PARK AVENUE SOUTH, SUITE 300 MINNEAPOLIS, MN 55415 PH 612 - 758 -3080 cwickl a nd @al liant -inc. com )M GREGORY R.PRASCH,PLS LICENSE NO. 24992 THE GREGORY GROUP INC dba LOT SURVEYS CO 7601 73RD AVENUE NORTH BROOKLYN PARK, MN 55428 PH 763 -560 -3093 LANDSCAPE ARCHITECT MARK KRONBECK, ASLA LICENSE NO. 26222 ALLIANT ENGINEERING, INC MINNEAPOLIS, MN 55415 PH 612- 758 -3080 mkronbeck@alliant-inc.com �e OII ?w olk �a lol F page 104 SCANNELL PROPERTIES ALLIANT ENGINEERING, INC. 233 PARK AVIS. SOUTH. SUITE 300 MINNEAPOLIS, AIN 65116 PHONE (012) 768.3080 PeLC (612) 7589099 W O 2 W W U LL LL O H x 0 W l— O 0 z W C Z F- s W0 :z E] V :E w W U) W Z In Q w 0 > U I "'by — fif'Ihuf Ihis plan, epoeil1, N(n, ruporl woe propumd by mo ar under my 11—t P -1,1.n d NNW I m dulyy Uoonsadn PROFESIONAL ENGINEER undo, Ihs Iowa of H. Sials of MINNESOTA CL Oulu U.— No. ANK W"I""', PE QUALITY ASSURANCE /CONTROL DY DATE DATE ISSUE PROJECT TEAM DATA DESIGNED: MK DRAWN:' EMK PROJECT N0: 213 -0058 SHEET 1 OF 6 -------------------------- ---- ------------- -------- <<— e E R't; ll— '9 R I'V omm .k.,. LEMAY AVENUE (1,dl� I Ize N 89-33-12" E 333.86 1- so-------- 7 y , ayv, .......... Y% - - - - -- - - - - - - - - .......... 4 lot, 11 5 57.4� 1 -1 It 14. aoa.od Adjsl On- ed Dank —gr AsS—tc, 1305 Agaro; 5t. 5t-ens Pomt, K`1 in 1335 Commerce Or. soc I XSt 7.1 1 • ta'a, S' Is, d-o n, Is- I 1\ d-v". d-'-e Ile- a =71. a 16 . ....... of, —07 % 61,l.o I-X t -a -7z' "o, M 'o-41 t 4— AS15 sit bo 0 '117,r7 0 or.11 ,s ' I— so 'o-17 Vicinity Map � a_,, 11 .,a CHy,l Mommas, Heights Zoalagnan, silo More. 1101 v1sanbCumm,IuvmmWHgghl,.MN $Silo '41 61's'4 -Zoning Buill Samoa fummarmeards & d ji&u I Rearednal Not I FmatImadSamnsa Sid. venal Samoa W." I WA at *a I'at:l mom eng ...... 0 oat Seminally in alto ooNOdva cOmvad. ad grind In to—'.. 93172 lam noto Rear YOrtl Seback WA PinkladTabulation Cgaammd R--.d 1 h1 m,tl -'er"o, Regular So... WA '��.-musl P.11dapaquils, alsa.p.amM a as-ralls. I Hmadlempal Spam, klil . a W. T.mIfmadmSp... WIN cas a.,. Indent ROSbldlaw SCALE IN FEET 0 40 80 120 [-current zoning Information CHy,l Mommas, Heights Zoalagnan, silo More. 1101 v1sanbCumm,IuvmmWHgghl,.MN $Silo Phone: 651452-1850 zoodal; I D.11,111san Industrial -Zoning Buill Samoa fummarmeards d ji&u I Rearednal Not I FmatImadSamnsa Sid. venal Samoa W." I WA at *a I'at:l mom eng ...... 0 oat Seminally in alto ooNOdva cOmvad. ad grind In to—'.. 93172 lam noto Rear YOrtl Seback WA PinkladTabulation Cgaammd R--.d Net.. Regular So... WA '��.-musl P.11dapaquils, alsa.p.amM a as-ralls. I Hmadlempal Spam, MA a W. T.mIfmadmSp... WIN cas a.,. Indent ROSbldlaw 21Aaamd 14. ma d Net,, _ : Moinam, H.90 W 51t 50 1. so 1. ordain examelmos v 1 Bulk Imalft4on. I Caswell Rams. I Nob. Lot No. J."S" Fla. No. Stage A PA Oemn WA NOTE: Listed setbacks In Development Agreement as Shown In Document No. 931725 Front- 50feet Sid. - 25 feet Rua, • 35 fee[ , U0, - 1,,, !md ewrny rmr Hol,, 5" 0 O'-i,m 1— hlcnumcnt 5:,, Pon,, r", C"'h a—, avahol' —X--X— r— a— '5 -%'1- MENDOTA HEIGHTS BUSINESS PARK 4TH ADD. ALTAIACSM LAND TITLE SURVEY 800 E. 96th Street, Suite 175 Indianapolis, IN 46240-3868 ill Legal Description I Parcel 1: Lot 1, Block 2, Mendota Heights Business Park 4th Addition, according to the recorded plot thereof, Dakota County, Minnesota. Note Corresponding to Schedule B, Part 11 OItem 1 Is not a survey Issue or not to our knowledge. Item 2 Discrepancies or conflicts, If any, as shown hereon. OIkmo, 3 In. 13 Are not a survey Issue or not to our knowledge. Item 14 - Drainage and Utility Easements per plat affect property as shown hereon. OItems 15 and 16 IS not a survey Issue or not to our knowledge. MISCELLANEOUS NOTES herd 1 Legal description and easements, If any, per title commitment from First American Title Insurance Company, Commitment No. NCS-582265-CH12, dated December 9, 2012. MN 2 Property Address: 1475 Commerce Drive, Mendota Heights, MN PID No.: 27-48273-02-010 bird 3 Area of Parcel = 190511 Sq.ft (4.37 acres) MN q Benchmark: Top nut of hydrant located on the north side of Commerce Drive opposite f.ubl..t property. Elevation = 869.54 feet NN 5 Property is In Flood Zone °X° (area of minimal flooding) per FEMA panel map number 27037C008I E, doled December 2, 2011. Ilb— onould.fiffily Imalkan. low. been said tromworm shown. NItneftegarand.fillfty—Ions, which Dane the proponly have remained to be gold located taromoth the sami—IG,phor State One Call pal-11dolanamen 130450373, However some of th—aflity amparkal raged to gold losses underground 111111g, locations. In the'. same. single as shown am fmm ... and, ammy maps. Further Woman. conars1%,pne State One C.0 (0145e14)(302.1 811) bird 7 Heavy snow and Ice clever on site at time of the Held work. MNB Per Item 16 of certification there Is no evIdenco of earth moving work or consinsclion on site. Per Item 17 of codification them Is no evidence of fight of way changes or consfinection on ago. Per Item 18 of cedificallon there Is no evidence of site being used for dump, sump or sanitary landfill. Per Item 19 Of certification no stagnated wetland marked on the property. Per Item 20 of certification no oftsite easements or servitudes benefit the property. FF ALTA/ACSM Land Title Survey Ili The undersigned, being a registered surveyor of the State of Minnesota, certiflas to Scannell Development Company and First American Title Insurance Company as follows: This Is to certly that this map or plat and the survey an which It Is based were made In accordance with the 2011 Minimum Standard Delall Requirements for ALTNACSM Land 110. Surveys, Jointly established and adopted by ALTA, and NSPS In 2011, and Includes Items 1, 2.3.4.5,6(b), 8, Il(.), 13,16,17,18.19.20(ri)(b)and 21 01 Table A thereof. Dated this 19th day of February, 2013. Prepared by: The Gregory Group, Inc. d.b.a. Lot Survey. Company 7601 73rd Avenue N. Brooklyn Park, MN 55428 Signed: phone 763-560,3093 G,.q6,y R. Vsh/Ragishalltm No. 24992 fax 763-560-3522 He Ns, F.B.rm.1064.08 hv.81036 DrE. N 0 Yid G L t CONCRETE APRON —,Nkl CONSTRUCTION LIMITS—/ 1 C c m N 0 w C a L tl i UI w in LEMAY AVENUE (public nght of way) N 89 °33'12" E 333.86 w w N_ O X —Y Y —X- .___ ________ ______________In. ______ -_____ -------- 20' 20' PARKING SETBACK fVAN ACCESSIBLE HANDICAP SIGN 40' BUILDING SETBACK -ACCESSIBLE \ �/ :::,18';•. • HANDICAP SIGN 1 ACCESSIBLE CURB /•!� ^ ... RAMP %`••F t I OFFICE - €'r9 (1 4,8.Q0 sq ft 4 CONCRETE 1 ' cr? IDEWA` \ \/ off;' " • k G OFFICE \ of ✓� ft tP i / �1.dlvrnr� n,l,�ai: i Stu Pool. bkr 10' DRAINAGE AND UTILITY EASEMENT lP / r� "y"- 5' DRAINAGE AND UTILITY EASEMENT APRON ON LIMITS Np'C X19— 7Ae11ikicoll :3 1. DIMENSIONS ARE TO FACE OF BUILDING AND /OR FACE OF CURB. 2. REFER TO ARCHITECTURAL DRAWINGS FOR CONCRETE STOOPS ADJACENT TO PROPOSED BUILDING. 3. CONTINUOUS CONCRETE CURB k GUTTER WHICH CHANGES TYPE SHALL HAVE A FIVE FOOT TRANSITION, 4. ALL CONCRETE CURB AND G ADJACENT TO CONCRETE WALK BE SEPARATED BY A 1/2 INCH EXPANSION JOINT. 5. ALL CURB AND GUTTER WITHIN R.O.W. TO BE PER CRY STANDARDS. 6. STRIPING SHALL BE 4 INCH WHITE. 7. ALL WORK WITHIN THE R.O.W. SHALT. COMPLY WITH THE CITY ENGINEERING DESIGN STANDARDS. 8. ALL CURB AND GUTTER TO BE CONCRETE 8612 CURB UNLESS NOTED OTHERWISE, PER CRY STANDARDS. 9. CONCRETE APRONS TO BE INSTALLED FOR ALL ACCESS DRIVES ONTO PUSUC STREETS PER COUNTY k CITY STANDARDS. 10. CONTRACTOR SHALL FIELD VERIFY THE LOCATIONS AND ELEVATIONS OF EXISTING URUTIES AND TOPOGRAPHIC FEATURES, SUCH AS EXISTING GUTTER GRADES AT THE PROPOSED DRIVEWAYS, PRIOR TO THE START OF SITE GRADING. THE CONTRACTOR SHALL IMMEDIATELY NOTIFY THE ENGINEER OF ANY DISCREPANCIES OF VARIATIONS FROM THE PLANS. 11. REFER TO UGHTING PLAN FOR LUMINAIRE LOCATIONS, FOOTCANDLE PRINT OUT AND SPECIFICATIONS. 12. ALL RETAINING WALLS TO BE MODULAR CONCRETE BLOCK. CONTRACTOR TO PROVIDE ENGINEERED SHOP DRAWINGS FOR REVIEW AND APPROVAL SITE DATA: EXISTING AND PROPOSED ZONING: I INDUSTRIAL DISTRICT LOT AREA = 190,511 SO. FL; 4.37 ACRES PROPOSED BUILDING GROSS SF - 71,933.5 SQ. FT. PROPOSED IMPERVIOUS AREA = 157,984 SO. FT. (83%) PROPOSED GREEN SPACE = 32,527 SO. FT. (17%) PARKING DATA: PARKING REQUIRED OFFICE = 3 SPACES, PLUS 1 ADDITIONAL SPACE FOR EACH 500 SQUARE FEET OF FLOOR AREA REQUIRED PARKING = 3 + (14,400 / 500 SF) = 32 STALLS WAREHOUSE = AT LEAST 1 SPACE FOR EACH 2,000 SF OF FLOOR AREA REQUIRED PARKING = 57,533.5 SF / 2.000 SF = 29 STALLS TOTAL PARKING SPACES REQUIRED = 61 STALLS PARKING PROVIDED PASSENGER VEHICLE PARKING = 96 STALLS ACCESSIBLE PARKING = 6 STAI I S TOTAL PARKING 104 STALLS SITE LEGEND: PROPERTY UNE -- - - - - -- BUILDING SETBACK -------- - - - - -- PARKING SETBACK 8612 CURB AND GUTTER EXISTING CURB AND GUTTER -- — — — — CONSTRUCTION UMRS CONCRETE PAVEMENT HEAVY DUTY BITUMINOUS PAVEMENT LIGHT DUTY BITUMINOUS PAVEMENT -0 LUMINAIRE N 0 15 30 1 60 SCALE IN FEET page 106 SCANNELL PROPERTIES j ALLIANT rNGINEERRdG, INC. 233 PARK AVE. SOUTH, SUITE 300 MTNNRAPOLIS, AIN 65 "116 PHONE (612) 7583080 P.1.0 (612) 758.3009 W O 2 W cc W U u- LL J J O Q Q F- z m W to D D _ > _ ( (n Z W U Z o W Q L" w WM Z Q W D.I. U..see No. QUALITY ASSURANCE /CONTROL DY DATE DATE ISSUE PROJECT TEAM DATA DESIGNED: MK DRAWN: EMK PROJECT NO: 213 -0056 SHEET 3 OF 6 l l N 0 L N 0 Ol a C d 10 °m d E E s 3 V1 C i a IA 0, v v G 3 tl A %E Wid :VLi — l'JM - WM — 'NIA -- V'" Li — :':I.i W A 1 3S \ 9 -n r ROC r •� � \ \- n per' n .r 2 —HL \ 5c \ ~i Y.i1.i — ^— :VN1 —f WLi — 'NN'. ROCK MULCH ym .o: L� t Ezlst:ul.7 Our,d:r q / 95 Cc,r7m0rCO. (.51. PLANTING NOTES: 1. INSTALL a MIN. TOP SOIL TO ALL SOD AND SEED AREAS. FINE GRADE ALL SOD AND SEED AREAS. 2. STAKE OR MARK ALL PLANT MATERIAL LOCATIONS PRIOR TO INSTALLATION. 3. ALL SHRUB & PERENNIAL AREAS TO BE BED MULCHED WITH 4' DEPTH OF 1 1/2- MULTI—COLOR RIVER ROCK MULCH OVER FILTER FABRIC, UNLESS SPECIFIED AS OTHER. POLY —EDGER TO BE VALLEY NEW BLACK DIAMOND OR APPROVED EQUAL 4. INSTALL 4 -6' DEPTH SHREDDED HARDWOOD MULCH AROUND R00T SAUCER OF ALL TREES ISOLATED FROM PIAN'T BEDS. S. PLANT SOIL SHALL CONSIST OF 33% SELECT LOAMY TOPSOIL, 33X PEAT MOSS, 33% PIT RUN SAND. 6. COMPLETELY GUARANTEE ALL WORK FOR A PERIOD OF ONE YEAR BEGINNING AT THE DATE OF ACCEPTANCE MAKE ALL REPLACEMENTS PROMPTLY (AS PER DIRECTION OF OWNER). 7. ALL MATERIAL SHALL COMPLY WITH THE LATEST EDITION OF THE AMERICAN STANDARD FOR NURSERY STOCK, AMERICAN ASSOCIATION OF NURSERYMEN, B. ALL TREE TRUNKS SHALL BE WRAPPED WITH BROWN CREPE TREE WRAP. APPLY WRAP IN NOVEMBER AND REMOVE IN APRIL 9. CALL GOPHER STATE ONE CALL AT 651- 454 -0002 FOR LOCATING ALL UNDERGROUND UTILITIES AND AVOID DAMAGE TO UlIUMES DURING THE COURSE OF THE WORK. 10. MAINTAIN ALL PLANT MATERIALS, INCLUDING WATERING, UNTIL THE TIME OF ACCEPTANCE 11. COORDINATE INSTALLATION WITH GENERAL CONTRACTOR. 12. STAKING AND GUYING OF TREES OPTIONAL MAINTAIN PLUMBNESS OF TREES FOR DURATION OF WARRANTY PERIOD. 13. SWEEP AND WASH ALL PAVED SURFACES AND REMOVE ALL DEBRIS RESULTING FROM LANDSCAPE OPERATIONS. 14. SUPPLY DESIGN AND INSTALLATION OF IRRIGATION SYSTEM WITH COVERAGE OF NEW SOD AND PLANTING AREAS. USE RAINSIRD OR APPROVED EQUAL COORDINATE WITH G.C. QTY. KEY COMMON LANDSCAPE SCHEDULE MK DRAWN: DECIDUOUS TREE !cs REMARKS 11 AS OVERSTORY TREES AUTU MN BLAZE RED MAPLE 2.5' CAL B &B STRAIGHT TRUNK . Ace, z f--Il 'Jaff —d' —X— NO V— CROTCH 2 SL BOULEVARD UNDEN 2.5' CAL B &S STRAIGHT TRUNK Dilo omericano '6oulevord' NO V— CROTCH 4 HL SKYUNE HONEYLOCUST 2.5' CAL B &B STRAIGHT TRUNK GladiUata Lriaeanthoa wr. inannlo 'Sky3ne NO V— CROTCH f0 BS CONIFERS OLACKHILLS SPRUCE 6' HT. B &S FULL FORM PT— 9lauca denaalo 27 BH BUSH H HONEYSUCKLE CONT. MIN. 5 CANES DlarWlla lonfcam 5 5 GALLON LL AT HT. SPEC. 14 NF NEON FLASH SPIREA 18' HT. CONT. MIN. 5 CANES Spiraa Jopanica 'Noon Flaah' S GALLON AT HT. SPEC. 32 TY TAUNTON YEW 24' DIA CONT. MIN. 5 CANES T.AU. x media 'T —tan' S GALLON AT D4l SPEC. A—: Q-11— Uri — iUYGI — — lRll/1n MI1G.i Iry CVtnl Yt .1.1 —T. LANDSCAPE LEGEND: / MK DRAWN: DECIDUOUS TREE !cs ' o, EVERGREEN TREE her OSOD . POLY EDGER —X— 4' HT. FENCE page 107 SCANNELL PROPERTIES ALLIANT ENGINEERING, INC. 233 PARK AVE. S0U`rH, SUITE 3DD NIINNEA°OLIS, NIN 66116 PI IONS (612) 768-3080 PAX (610758-3099 W O LL! LLI U_ LL LL J O d 0 m W rn = (L > _ 1�— E0 U D. Q O a Z !V Z � o cc Z m 0� > 1 horoby c*rllfy Iho1 Ihla pion. epacHI_Ron, or ..PV w prapamd by mo or undar my dlrocl .p -1.1.n nd Ihal 1 m o duly Uconaod PROFESIONAL ENGINEER undar iha V. -f Iha 51ain of MINNESOTA MARK KRONBECK, ASLA Oolo Licaneo No. QUALITY ASSURANCE /CONTROL DESIGNED: MK DRAWN: EMK PROJECT NO: 213 -0056 L® SHEET 4 OF 6 page 110 July 16, 2013 I MENDOTA HTS MN SCALE IN FEET S C A N N E L L 20 0 20 40 PROPERTIES page III West Elevation PROPOSED: PROJECT SITE ject Flex Warehouse JUNE 20, 2013 MENDOTA HTS, MN SCALE IN FEET 10 0 10 20 Eli SCANNELL PROPERTIES South Elevation erarli 1 PROJECT _ Narehouse JUNE 20, 2013 DO SCALE IN FEET Io 0 10 20 page 112 SCANNELL PROPERTIES page 113 East Elevation PROPOSED: 1 PROJECT JUNE 20. 2013 � DO SCALE IN FEET 10 0 to 20 ffil SCANNELL PROPERTIES