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2013-11-05 Council PacketCITY OF MENDOTA HEIGHTS CITY COUNCIL AGENDA November 5, 2013 — 8:00 pm* Mendota Heights City Hall *Please note meeting time change 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Adopt Agenda 5. Consent Agenda a. Acknowledgement of October 15, 2013 City Council Minutes b. Acknowledgement of October 15, 2013 City Council /Planning Commission Workshop Minutes c. Acknowledgement of October 22, 2013 Planning Commission Minutes d. Acknowledgement of October 29, 2013 City Council Workshop Minutes e. Receipt of September 2013 Fire Department Synopsis Report f. Approval of Personnel Action Report g. Approval of Christmas Eve Floating Holiday Designation h. Approval of Massage Therapist License i. Planning Case 2013 -18, Approving Conditional Use Permit for Wireless Antenna Modification at 1897 Delaware Avenue (Sibley High School), Resolution 2013 -92 j. Approval of Wetland Delineation Report for Southview Design Property k. Approval of Payment for Stormwater Improvements to Gartzke Construction I. Traffic Control Signal Agreement for Lexington Ave -Hwy 110, Resolution 2013 -81 m. Thermal Imaging Camera and Lukas Combination Tool Purchases n. Purchase of Turnout Gear o. Approval of September Treasurers Report p. Approval of Claims List q. Approval of Contractor List r. Approval of Building Activity Report 6. Public Comments 7. Public Hearings a. Victoria / Rolling Green Neighborhood Street Improvement Projects, Resolution 2013 -96 8. New and Unfinished Business a. Review of October 1, 2013 Traffic Safety Committee Recommendations, Approval of Resolution 2013 -77 b. Planning Case 2013 -16, Accessory Structure Setback Variance, 2471 Pond Circle East, Approval of Resolution 2013 -91 c. Planning Case 2013 -19, Front and Side Yard Setback Variances, 912 Adeline Court, Approval of Resolutions 2013 -93 and 2013 -94 d. Planning Case 2013 -20, Wetland Permit, 1562 Wachtler Avenue and 755 Wentworth Avenue, Approval of Resolution 2013 -95 9. Community Announcements 10. Council Comments 11. Adjourn page 1 5a. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, October 15, 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, Petschel, and Norton. Councilmember Povolny was absent. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Krebsbach presented the agenda for adoption. Councilmember Duggan moved adoption of the revised agenda. Councilmember Norton seconded the motion. Ayes: 4 Nays: 0 Absent: 1 CONSENT CALENDAR Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and approval. Councilmember Duggan moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein, pulling item D) Receipt of Rental Licensing Program Status Report. a. Acknowledgement of October 1, 2013 City Council Minutes b. Acknowledgement of October 8, 2013 Parks and Recreation Commission Minutes c. Acknowledgement of October 9, 2013 Airport Relations Commission Minutes d. Receipt of Rental Licensing Program Status Report e. Approval of Resolution 2013 -76, Amendment to City's Nationwide 457 Deferred Compensation Plan f Approval of Consultant Planning Services Request for Proposals g. Approval of 2014 Insurance Renewal h. Approval of Storm Sewer System Maintenance Agreement with Dakota County i. Approval of Change Order for Repairs to Interstate Valley Creek Trail October 15, 2013 Mendota Heights City Council Page 1 page 2 j. Receipt of September Par 3 Report k. Approval of Claims List 1. Approval of Contractor List m. Approval of Resolution 2013 -80, MnDOT Maintenance Agreement for Interstate Valley Creek Trail Councilmember Norton seconded the motion. Ayes: 4 Nays: 0 Absent: 1 PULLED CONSENT AGENDA ITEMS D) RECEIPT OF RENTAL LICENSING PROGRAM STATUS REPORT City Administrator Justin Miller explained the licensing program that the City enacted in 2006. The City approved a licensing process for property owners of single family residential if they wanted to rent out their property. The report showed the number of licenses issued each year from 2010 to 2013. Miller noted there is a seventy -five dollar annual license fee and a background check to make sure the property is not delinquent in terms of taxes, utility accounts, and property code complaints. If the checks come back clean, then a license is issued. Staff has seen very few issues with this process. Councilmember Duggan asked about any liability on the City should an accident happen due to a missed code violation. Miller replied that staff does not currently inspect the properties for active code violations before issuing the license; only a background check is completed to ascertain if there have been any code violation complaints in the past. City Attorney Tom Lehmann further stated that the issuance of the license does not put any liability on the City. It would be for informational purposes only so the City could keep track of what is happening with respect to rental properties Councilmember Petschel moved to receive and file the Rental Licensing Program Status Report. Councilmember Norton seconded the motion. Ayes: 4 Nays: 0 Absent: 1 PUBLIC COMMENTS Two senior students from Cretin - Derham Hall were in attendance as part of their Government class studies. PRESENTATIONS A) MARK RUFF, EHLERS AND ASSOCIATES, CITY BOND RATING UPGRADE Mr. Mark Ruff, Ehlers and Associates, announced that the city of Mendota Heights has been awarded a AAA bond rating by Standard and Poor's. The rating agency noticed the little things the city has done to make a difference in the community; it was not just about the kind of housing or the type of commercial properties the city had. It was about how often the city reviews its budget [quarterly], which was October 15, 2013 Mendota Heights City Council Page 2 page 3 something they saw as a very good sign of a well- managed community. The city has always carried a very good fund balance and has always ended the year with some kind of surplus. All of those things were indicators that the city is well managed, that the citizens are taken care of, and taxes were kept as low as possible. One of the benefits of a AAA rating is that the city would get the lowest possible interest rate when borrowing money, and it also means that the city can keep taxes affordable over a long period of time. This rating would also attract businesses to the area. Mr. Ruff presented the City with a certificate and read some of the quotes from the ratings report from Standard and Poor's. B) NORTH URBAN REGIONAL TRAIL (NURT) UPDATE Public Works Director John Mazzitello explained that Dakota County has been working to design a realignment of the North Urban Regional Trail (NURT). They received a grant through the Metropolitan Council for greenway development and they have been working on some alternatives within the city of Mendota Heights and the city of West St. Paul. Mazzitello introduced Mr. Chris Hartzell, the Dakota County Project Manager, to provide an update on the project development. Mr. Hartzell gave an alignment update, stating the trail would be re- routed along Warrior Drive to Marie Avenue, and then follow Marie Avenue to the east. Mr. Hartzell shared the underpass design for the trail crossing at Charlton Street in West St. Paul. Councilmembers asked questions regarding the right -of -way widths and landscaping of the trail along Warrior Drive and Marie Avenue. Mr. Hartzell stated that Dakota County will be acquiring easements for the trail and holding one final public hearing on the realignment before the project goes out for bidding next spring. PUBLIC HEARINGS A) ASSESSMENT HEARING FOR CROWN POINT /OVERLOOK NEIGHBORHOOD STREET IMPROVEMENT PROJECTS, APPROVAL OF RESOLUTION 2013 -78 Assistant City Engineer Ryan Ruzek explained that this project included a complete street reconstruction of the Crown Point and Overlook neighborhoods. The project also included improvements to the trail along Lexington Avenue, between Highway 110 and Douglas Drive; the parking lot in Marie Park; and the Highway 110 frontage road (Carmen Lane) which was leveled out and seal coated. The construction costs were $583,803, not including signage and indirect costs. There were thirty -four properties in the Crown Point Neighborhood which were proposed to be assessed at $3,194.80 each. The Overlook Neighborhood had forty -eight properties, which were proposed to be assessed at $3,332.36 each. Both assessments are payable over a ten year period at six percent interest. October 15, 2013 Mendota Heights City Council Page 3 page 4 Councilmember Petschel asked about the area going into Crown Point which the residents requested be addressed but was going to be added to a different project. Ruzek replied that the city completed a temporary fix on that area to hold everything in place until next year. Councilmember Duggan asked what the challenges were on this project. Ruzek replied that this project went very well with a new contractor. There is a punch -list of items to be completed this fall. The biggest problem was the area that was mentioned by Councilmember Petschel. In regards to the punch -list of items, staff does hold five percent of the contract amount back on all projects until the punch -list of items has been completed satisfactorily. City Attorney Tom Lehmann outlined the public hearing procedures and the appeal process for residents. Mayor Krebsbach opened the public hearing. Assistant City Engineer Ryan Ruzek read a question submitted by Mr. Daniel McCollar, 1089 Overlook Road, asking why the interest is at such a high rate [6 %] when the City is borrowing at 2.8 %. Finance Director Kristen Schabacker replied that six percent is the interest rate that has been consistently charged for street projects. When the bonds are structured that is taken into account and the city anticipates a six percent interest rate on those assessments. The residents do have the option to pre -pay those assessments and not pay any interest. Mr. Bernie Karin, 1781 Summit Lane, commented that the contractor who completed the project was kind and considerate. If they could do anything to make the project easier on the residents, they did it. Mr. Karin mentioned that some tracks were left in the bituminous surface by heavy equipment and he hoped this would be smoothed out while the surface is still pliable. Ruzek replied that staff is aware of the tracks and this would be a topic of discussion with the contractor. Councilmember Duggan moved to close the public hearing. Councilmember Norton seconded the motion. Ayes: 4 Nays: 0 Absent: 1 Councilmember Petschel moved to adopt RESOLUTION 2013 -78, A RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR THE CROWN POINT & OVERLOOK NEIGHBORHOOD REHABILITATION (PROJECT #201207). Councilmember Norton seconded the motion. Ayes: 4 Nays: 0 Absent: 1 October 15, 2013 Mendota Heights City Council Page 4 page 5 UNFINISHED AND NEW BUSINESS A) REVIEW OF OCTOBER 1, 2013 TRAFFIC SAFETY COMMITTEE RECOMMENDATIONS, APPROVAL OF RESOLUTION 2013 -77 Per a request from Councilmember Povolny, Mayor Krebsbach asked that this topic be tabled to a future meeting. Councilmembers acknowledged their agreement. B. AWARD OF BID FOR MENDOTA HEIGHTS ROAD FORCE MAIN REPLACEMENT, APPROVAL OF RESOLUTION 2013 -79 City Engineer John Mazzitello explained that at the September 17, 2013 meeting, Council approved the plans and specifications and authorized bids for replacement of a sanitary sewer force main under Mendota Heights Road. Three contractors submitted bids with the two requested alternatives; a 2013 construction date and a 2014 construction date. The contractors were also asked for two different methods; slip - lining and directional drilling. Staff recommended the Council award the contract to GM Contracting for the bid of Alternative 1 -A [directional drilling to be completed in 2013] in the amount of $505,048.23. Staff is recommending this bid because of the construction time frame. The last two breaks to the force main have cost the city in excess of $20,000 apiece. Councilmember Petschel asked if this is a contractor the city has worked with before. Mazzitello replied that he is very familiar with GM Contracting but the city of Mendota Heights has not had a contract with them for at least five years. Mayor Krebsbach asked about the budgeting of this project. Mazzitello replied that staff is forward - funding the 2014 budget. The lift station rehabilitation is being moved to 2015 and the force main replacement project is being moved to 2016. Staff is comfortable with moving the timeline because the force main repair trumped all of the other priorities. Councilmember Duggan moved to approve RESOLUTION 2013 -79, A RESOLUTION ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE MENDOTA HEIGHTS ROAD FORCE MAIN REPLACEMENT PROJECT (PROJECT #201309). Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 COMMUNITY ANNOUNCEMENTS Assistant City Administrator Tamara Schutta made the following announcements: o Dakota County Transportation Open House for the Robert Street Transit Way Alternatives Study, Thursday, October 17; 4:30 — 6:30 p.m. at the Dakota County Northern Service Center. A second October 15, 2013 Mendota Heights City Council Page 5 page 6 open house will be held on Thursday, October 24; 6:00 — 8:00 p.m. Residents are encouraged to give input regarding proposed stations, proposed service plans, and downtown destinations. o The Halloween Bonfire will be held on Thursday, October 31, from 7:00 — 9:00 p.m. at Mendota Plaza. Residents can begin dropping off dry brush on Saturday, October 26 through Wednesday, October 30. COUNCIL COMMENTS Councilmember Petschel noted that she received an email announcing the Mendota Heights Community Blood Drive taking place on Saturday, October 26. The blood mobile will be parked at 1841 Walsh Lane from 11:00 a.m. to 4:00 p.m. The event includes free lunch, treats, and child care. Councilmember Duggan announced that the Fire Department Annual Dance would take place on November 15 and more information is available at City Hall or from city staff. Councilmember Duggan also commented on a fundraiser that was held for the St. Paul Public Library system. Councilmember Duggan noted that he had Monsignor Martin Keevney visiting in his home. Mayor Krebsbach acknowledged prior Councils, late Mayor Mertensotto, and past staffs contributions to the recognition that the city received from Standard & Poor's with the AAA bond rating. She also encouraged residents to attend the bonfire on October 31st ADJOURN Councilmember Duggan moved to adjourn. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 Mayor Krebsbach adjourned the meeting at 8:01 p.m. Sandra Krebsbach Mayor ATTEST: Lorri Smith City Clerk October 15, 2013 Mendota Heights City Council Page 6 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Council Workshop Held Tuesday, October 15, 2013 page 7 5b. Pursuant to due call and notice thereof, a workshop of the City Council, City of Mendota Heights, Minnesota was held at 5:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Krebsbach called the meeting to order at 5:00 p.m. The following members were present: Councilmembers Duggan, Norton, Petschel; Planning Commission members Doug Hennes, Robin Hennessy. Also in attendance: City Administrator Justin Miller NAVIGATING THE NEW NORMAL Representatives from The Urban Land Institute included Gordon Hughes and Cathy Bennett. Members of the panel included: Stacie Kvilvang, Eric Anderson, Bill Beard, and Jeff McMenimen. Gordon Hughes and Cathy Bennett shared an overview of The New Normal, gave population trends and census data specific to Mendota Heights. They discussed how changes in the demands for housing and accessibility to services are becoming important. The panel members gave their views of Mendota Heights and ways they feel Mendota Heights can achieve The New Normal. In conclusion, Mendota Heights has a nice mix of housing, jobs, and industry. We should try to capitalize on our location and ease of access to downtown St. Paul. ADJOURN Mayor Krebsbach adjourned the workshop meeting at 6:40 p.m. Sandra Krebsbach, Mayor ATTEST: Lorri Smith, City Clerk page 8 5c. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSON MINUTES October 22, 2013 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, October 22, 2012, in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. The following Commissioners were present: Chair Litton Field, Jr., Commissioners Howard Roston, Michael Noonan, Doug Hennes, Robin Hennesey, Mary Magnuson, and Ansis Viksnins. Those absent: None. Those present were City Planner Nolan Wall, Public Works Director /City Engineer John Mazzitello, and Consultant Planner Stephen Grittman. Approval of Agenda The agenda was approved as submitted. Approval of September 24, 2013 Minutes COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER MAGNUS ON, TO APPROVE THE MINUTES OF SEPTEMBER 24, 2013, AS PRESENTED. AYES: 7 NAYS: 0 Hearings PLANNING CASE #2013 -20 Edward Sweeney, 777 Wentworth Avenue Wetland Permit for Vegetation Removal and Grading at 1562 Wachtler Avenue and 755 Wentworth Avenue Planner Wall explained that this application is an after - the -fact Wetland Permit for removal of vegetation and grading. The applicant lives at 777 Wentworth Avenue and the work was completed with permission of the properties impacted. The area of disturbance is within one hundred feet of a wetland or a water resource area and, therefore, requires a wetland permit. Wetland permit applications are typically processed administratively. Staff felt that because the work was completed on multiple properties a public hearing was required to ensure public comments could be received. Staff discovered the potential violation and notified the property owner by letter. The property owner was ordered to cease work and address the erosion control and permitting issues immediately. The applicant addressed the issue by installing a stilt fence and matting, and also included the seeding to be installed or has been installed on the property. Written statements were requested by the surrounding property owners. The applicant stated that the reason for conducting the work that he did was to remove dead and dying elm trees and ash trees that were page 9 on site in order to make room existing birch trees and other vegetation. He also completed minor grading to create a new berm and that was setback approximately between 25 to 40 feet from the creek. The removal of the vegetation and the grading are allowable within the buffer area with a permit and compliance with the City's land disturbance guidance document. Staff inspected the property after the notice and it was found to be in compliance with the document. Staff recommended approval of this after - the -fact wetlands permit. The applicant also paid double the fee for the after - the -fact permit. Commissioners asked questions regarding how staff became aware of this issue, how the City could make residents more aware of the requirements in these kinds of areas, the amount of the fee that was paid, whether or not this application would have been approved if applied for before the activities took place, and does the City do enough to deter situations where a resident would ask for forgiveness rather than for permission. Mr. Edward Sweeney, 777 Wentworth Avenue, explained that he was unaware that a permit had been required because he was not constructing a building. Commissioners asked how much vegetation and how many trees were removed. Chair Field requested any public comments regarding this application. Mr. Rob McGowan, 780 Wentworth Avenue, commented that he has lived in the area quite a few years and believed that Mr. Sweeney did a professional job; it looked fine, and would not affect the creek. He had no complaints nor has he heard of any. Mr. Timothy Minea, 772 Ridge Place, commented that his niece and nephew were the owners of the property on Wachtler and it was they who gave Mr. Sweeney permission to remove the vegetation. The project was advertised as selective removal of certain trees and the replacement with mature trees. After the project had begun they became aware that quite a large swath of land had been cleared. They had envisioned men with chain saws and hand equipment and were surprised at the use of land clearing equipment and additionally surprised at the substantial amount of fill was imported to the site. Mr. Minea also asked what the results would be if the Commission denied this application and what the next steps would be if approved. Planner Wall responded. Commissioner Magnuson asked if new trees had been planted, which they had been. Mr. John Steenberg, 804 Ridge Place, stated that he would like to see in a wetland permit some definition of where the dimensions are taken from when the City states that they want to have vegetation planted within twenty -five of the creek; from the centerline of the creek or from the normal high water. City Engineer John Mazzitello addressed the question by stating that it would be measured from the normal high water level. page 10 Mr. Sweeney apologized for any misunderstanding between him and the Minea family. He also stated that he planted seventeen trees and the measurements he took were to where the bank dropped off, not the high water level. He also addressed other concerns raised by Mr. Minea. When requested, Mr. Sweeney explained the grading that had been completed. Seeing no one else coming forward, Chair Field asked for a motion to close the public hearing. COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER ROSTON, TO CLOSE THE PUBLIC HEARING. AYES: 7 NAYS: 0 COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER HENNES, TO RECOMMEND APPROVAL OF THE AFTER -THE -FACT WETLANDS PERMIT FOR REMOVAL OF VEGETATION AND GRADING WITHIN THE 100' BUFFER AREA OF WATER RESOURCE - RELATED AREA, BASED ON THE FOLLOWING FINDINGS OF FACT 1. The project meets the intent of the Wetlands Systems Chapter of the City Code. 2. The project includes erosion and sediment control measures in compliance with the City's Land Disturbance Guidance Document. 3. Wild mix seeding will be planted in the first 25 feet of the water resource - related buffer area. 4. Erosion control measures will remain in place until vegetation is established. AND SUBJECT TO THE FOLLOWING CONDITIONS: a) Applicant establish and maintain a wild growth buffer area at least 25 feet wide between the creek and berm; b) Approved, wild -mix seeding is planted within the buffer area this fall; and c) Silt fence remains along the edge of the creek until the vegetation is properly established, as determined by the City's Engineering Department Commissioner Roston stated that he would approve this request because by all accounts it seems to be a mistake or a misunderstanding. However, he believes there should be more severe consequences for after - the -fact zoning requests and applications and requested that staff discuss that with the City Attorney. AYES: 7 NAYS: 0 Chair Field advised the City Council would consider this application at its November 5, 2013 meeting. City Planner Nolan Wall informed everyone that the Council meeting on November 5 would start at 8:00 p.m. rather than the usual 7:00 p.m. page 11 PLANNING CASE #2013 -16 Ken and Mary Paquin, 2471 Pond Circle East Variance for Accessory Structure within the Setback Consultant Planner Grittman explained that this request is for a variance to accommodate the location of an accessory structure within a front yard setback. The applicant began construction on this accessory structure and when it was noticed they were given a notification by the City that they needed to stop work on that and obtain the property building permit and a variance from the setback requirements. The partially started building is actually located in the western portion of the property, twelve feet from the right -of -way line. The setback requirement is thirty feet. The applicants are proposing to leave the building in its current location; however, they have identified an alternative location that would meet the required setbacks should the application be denied. Staff did not recommend approval of this application as the deviation from the side yard setback would be out of character for this neighborhood and the applicant has identified an alternative location for the storage shed that meets required setbacks, allowing for reasonable use of the property. If the Commission does recommend denial, it is requested that the applicants be given time to remove the structure from its current location to a conforming site. Staff believes this would be a reasonable request given the time of the year. Commissioners asked questions pertaining to the purpose of the required thirty foot setback from the right -of -way, the landscaping and screening available in the requested location, possible fencing in the right -of -way, other possible locations for the accessory structure on the property, and topography issues. Mr. Paquin was in attendance and addressed the Commission on the proposed location of the accessory structure and his reasons for putting it there, the permissions he received from his neighbors on the proposed location, and his reasons for not building it on the conforming locations in his yard. Chair Field requested any public comments regarding this application. Mr. Jim Neuharth, 2458 Pine Circle East, stated that if Mr. Paquin moved the structure it would be much more conspicuous to him; whereas where it is currently located it is hardly visible to anyone. Seeing no others coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER HENNESEY, TO CLOSE THE PUBLIC HEARING. AYES: 7 NAYS: 0 page 12 COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO RECOMMEND APPROVAL OF THE PAQUIN ACCESSORY STRUCTURE SETBACK VARIANCE BASED ON THE FOLLOWING FINDINGS OF FACT: 1. The proposed site has unique characteristics in the neighborhood with regard to lot shape, home design, mature vegetation, and distinctive topography, and is bounded by public streets on two sides. 2. The additional setback standard imposed by a side yard frontage on a public street in combination with the unique characteristics of the site places a substantial burden on locating an accessory structure and constitutes a "practical difficulty" for such use. 3. The setback encroachment is screened by existing vegetation on the site and is a greater distance from the side lot line than would be required if the side yard did not abut a public street. 4. The encroachment as designed meets the performance standards in the code for accessory structures in all other respects. Commissioner Roston stated that he believes Mr. Paquin proposes to do something that is the least intrusive to the neighborhood but is inconsistent with the city code and the Commission should not strive to create strife in neighborhoods where everyone wants something to happen. However, he is concerned that the commission may be inconsistent with how they treat variances going forward. The shape of the lot makes it unique and the location of the two streets on either side makes it imprudent to locate the accessory structure in the location that would be an alternative but compliant. Commissioner Noonan agreed with Commissioner Rostons' comments and added that the maturity of the vegetation in the requested location makes it the best approach. The findings of fact bear out this issue. Commissioners Viksnins, Magnuson, and Hennes expressed their agreements with Commissioners Roston and Noonan. AYES: 7 NAYS: 0 Chair Field advised the City Council would consider this application at its November 5, 2013 meeting. PLANNING CASE #2013 -17 Southview Design, Inc. Zoning Ordinance Amendment to Allow Outdoor Storage in the Industrial District Consultant Planner Grittman stated that this request is an amendment to the zoning ordinance that would amend the Industrial District by adding a use that was removed from the district a few years ago as an action when the City removed building contractor yards from the Industrial District. The applicants are requesting that a version of that contractor yard allowance. The intent would be to accommodate the occupancy of the site by industrial contractor facility and add outdoor storage as an allowed use in this district. page 13 Consultant Planner Grittman shared the draft amendment to the code with the intent to open the door as narrowly as possible and which would allow contractor yards under a series of specific conditions, by conditional use permit, and identifies that those contractor yards would be specifically accessory only to landscape and building design and construction as a permitted use. Essentially, there would be two additions to the code: 1) adding landscape and building design and construction as a permitted use in the listing of uses and 2) adding in the conditional use list under storage and display of materials and equipment accessory to landscaping and building construction. The staff report identified a series of possible conditions that would be added to the code and applicants under this code would need to demonstrate compliance with each of those to qualify for an appropriate permit. Consultant Planner Grittman then reviewed the conditions of the proposed code. Commissioners asked questions regarding the reasons for the initial policy change, any requests since the initial policy change, and other accommodations within the City. Mr. Chris Clifton of Southview Design Inc. expressed his reasons for choosing this site, his desire to have his business located in Mendota Heights, and addressed the questions raised by the Commissioners. Chair Field requested any public comments regarding this application. Seeing no one coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER MAGNUSON, TO CLOSE THE PUBLIC HEARING. AYES: 7 NAYS: 0 COMMISSIONER HENNES MOVED, SECONDED BY COMMISSIONER ROSTON, TO RECOMMEND APPROVAL OF ORDINANCE AMENDING SECTION 12 -1G OF THE CITY CODE OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA, DAKOTA COUNTY, BY AMENDING THE PERMITTED AND CONDITIONAL USES IN THE I, INDUSTRIAL ZONING DISTRICT, PROVIDING FOR OUTDOOR STORAGE AND DISPLAY AS AN ACCESSORY USE TO LANDSCAPE AND BUILDING DESIGN AND CONSTRUCTION BUSINESSES, INCUDING THE CONDITIONS OUTLINED IN THE DRAFT AMENDMENT Commissioner Roston, in regards to Section 2C that reads "No storage and display shall be located on any parcel that abuts residentially zoned property ", stated that staff should have a more objective definition of `abuts' and it should give a number of feet so there are no arguments raised about what abuts means. page 14 COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER ROSTON, TO REOPEN THE PUBLIC HEARING. AYES: 7 NAYS: 0 In response to the question raised by Commissioner Roston, Mr. Tom Sullivan, Broker for Southview Design, commented that there is a residential property located across the old abandoned road that goes between the subject property to the north. He is unsure if that house sits in the Industrial District or is carved out. Consultant Planner Grittman stated that it could be checked out before this is finalized. However, if it is the objective of the Commission to address the proximity idea, staff could certainly carry that forward to Council with some guidance on what a reasonable proximity might be and still accommodate this user. Commissioner Roston requested that the guidance suggested by Consultant Planner Grittman be included. COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER ROSTON, TO CLOSE THE PUBLIC HEARING. AYES: 7 NAYS: 0 COMMISSIONER ROSTON MOVED TO AMEND THE ORIGINAL MOTION BY, IN ADDITION TO ABUTS, THE ORDINANCE INCLUDE A PROXIMITY RESTRICTION FROM RESIDENTIAL NEIGHBORHOODS THAT IS MEASURABLE. COMMISSIONER NOONAN AGREED TO THE AMENDMENT OF HIS ORIGINAL MOTION. Commissioner Magnuson noted some minor edits to the draft ordinance that did not substantially change the intent of the ordinance. Additional discussion occurred around why the Commission is proposing a change to the ordinance in light of the previous removal decision by the City Council. There being no other questions or comments by the Commission, Chair Field called for the vote. AYES: 7 NAYS: 0 Chair Field advised the City Council would consider this application at its November 5, 2013 meeting. PLANNING CASE #2013 -18 Willin Consultants for Sprint and ISD #197 at 1897 Delaware Avenue Conditional Use Permit for Updates to the Wireless Facility Consultant Planner Grittman explained this property is zoned Single Family and is guided for schools and institutional uses and is occupied by Sibley High School. Part of the school facility includes a series of wireless antennas that the school leases to various users around the building page 15 itself. Sprint is requesting approval to modify existing equipment on the property by conditional use permit. The extent of the changes are to replace out equipment that they had previously received approval for and with slightly larger but very similar types of wall mounted antennas and roof mounted equipment and cabinets. Staff believed this request is consistent with code requirements for these types of installations and recommended approval of the application. Mr. John Naypeck, 10285 Imagery Lane, Lakeville, MN, Consultant to Sprint for this upgrade to their equipment, addressed the Commission and answered questions. Commissioners asked questions regarding whether or not the existing equipment had already been removed. Chair Field requested any public comments regarding this application. Seeing no one coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER NOONAN, TO CLOSE THE PUBLIC HEARING. AYES: 7 NAYS: 0 COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER NOONAN, TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT BASED ON THE FOLLOWING FINDING OF FACT: 1. The proposed antenna and accessory equipment modifications meet all of the zoning ordinance requirements and are consistent with the intent of the Conditional Use Permit criteria allowing such features. SUBJECT TO THE FOLLOWING CONDITIONS: a) The existing equipment (to be replaced) shall be removed within six months of operational migration to new equipment. Antenna and equipment removal shall include the removal of unused mounting equipment and the repair of any damaged wall or roof elements (from equipment anchors). The city must be notified of the time at which the old equipment is no longer operational. A bond must be provided to the city according to ordinance requirements. b) The new antennas and accessory equipment cabinets shall be painted to match the color of the building. c) The new antennas and related equipment shall comply with all FCC regulations. d) The new antennas and related equipment shall comply with all applicable building and electrical codes. e) A lease agreement exists between the applicants and the School District. page 16 f) Any applicable federal, state, or local licenses must be submitted to the council prior to receiving a building permit. AYES: 7 NAYS: 0 Chair Field advised the City Council would consider this application at its November 5, 2013 meeting. PLANNING CASE #2013 -19 James and Deborah Povolny, 912 Adeline Court Variances for Garage and Dwelling Additions within the Setbacks Consultant Planner Grittman explained that this property is zoned and guided for Low Density Single Family Residential Uses and is occupied by a single family home. The applicants have an attached garage on the east side of the house and are proposing to expand that garage further to the east, closer to the property line and a portion of that expansion would extend to within six feet of the side yard property line and the setback requirement is ten feet. They are also seeking a variance to accommodate the construction of a front porch that would connect to the existing structure and extend along the front of the building. There is a clause in the City code that allows these extensions by conditional use permit if they encroach into the front yard by fifty feet or less. The applicants' proposal would comply with those conditional use permit terms, but because they were proceeding under a variance for the garage they also asked for a variance that would apply to their porch request. Consultant Planner Grittman then reviewed the reasons provided by the applicants for the variance requests. Staff did not recommended approval of the variance for the proposed garage addition as the home and garage were constructed in their current configuration without the need for a variance in order to comply with required setbacks, other alternatives are available which would keep the proposed garage expansion in compliance with setback requirements, and three -car garages are not the standard in the area. Staff recommended approval of the variance for the covered front porch as it would appear that the proposal would be allowed under the terms of the conditional use permit. Commissioners asked questions pertaining to the location of the current garage structure, the seeking of a variance for the porch rather than the conditional use permit, and garage alternatives. Mr. James Povolny addressed the Commission voicing his disagreement that three -car garages are not the standard in the area and commented on the garage placement alternatives mentioned by staff. Chair Field requested any public comments regarding this application. page 17 Seeing no one coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO CLOSE THE PUBLIC HEARING. AYES: 7 NAYS: 0 COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER NOONAN, TO RECOMMEND APPROVAL OF THE POVOLNY COVERED PORCH SETBACK VARIANCE FOR SETBACK ENCROACHMENT BASED ON THE FOLLOWING FINDINGS OF FACT: 1. The proposed covered porch is a reasonable use of the subject property. 2. The cul -de -sac lot creates a condition where the front setback is curved to parallel the street and the current location of the home parallel to the west property line results in the encroachment when the roofline of the garage is extended to the west edge of the home in the proposed design. 3. The proposed covered porch cannot be accommodated within the required setbacks without altering the design given the location of the garage offset from the existing home. 4. The setback encroachment is minimal, and is offset by areas of the same frontage in which the setback is greater than the requirement. 5. The encroachment as designed is not incompatible with the uses and character of the neighborhood or locale. 6. The request would have most likely been approved if brought forward as a conditional use permit. Commissioner Roston noted for the record that the reason the Commission would approve this variance request is because if it had been brought forward as a conditional use permit the decision would have ended up in the same place and it would be a waste of time to start over with a conditional use permit request. Commissioner Viksnins agreed with Commissioner Rostons' comments. Chair Field recommended that this reasoning should be included in the Findings of Fact for Approval of the Povolny Covered Porch Setback Variance for Setback Encroachment. Consultant Planner Grittman agreed with this suggestion. Commissioner Viksnins accepted the amendment to the motion. AYES: 7 NAYS: 0 COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO RECOMMEND DENIAL OF THE POVOLNY GARAGE SETBACK VARIANCE FOR SETBACK ENCROACHMENT BASED ON THE FOLLOWING FINDINGS OF FACT: 1. The proposed garage addition setback encroachment is inconsistent with the intent of the ordinance to promote green space, preserve drainage and utility easement corridors, and minimize crowding between residential properties. page 18 2. The majority of homes in the area have two -car garages, so maintaining the existing garage configuration with only two vehicle stalls allows for the continued reasonable use of the property. 3. The accommodation of a third vehicle stall could be provided if the garage were located farther toward the rear of the property or if additional lot area were acquired from the adjacent property owner in order to meet the setback without a variance. 4. While alternatives to the variance may be less convenient, the proposed encroachment into the required setback area constitutes an unreasonable use of the setback area. Commissioner Hennes stated that he was agreeable to the variance request as it is such a miniscule piece of property. Commissioner Hennessey agreed and wondered if the average person would even notice it. Commissioner Roston agreed but believes it should be a text amendment or a conditional use permit; otherwise the commission would start getting onto a slippery slope. He would like to see Mr. Povolny have his garage but believes it needs to be handled with an amendment to the zoning code as opposed to a variance. Additional discussion took place regarding the encroachment and the `practical difficulties' or `unique circumstances' required to approve a variance request. There being no further discussion, Chair Field called for the vote: AYES: 5 NAYS: 2 ( HENNES, HENNESEY) Chair Field advised the City Council would consider this application at its November 5, 2013 meeting. Verbal Review Planner Wall gave the following verbal review: PLANNING CASE #2013 -15 Paul and Shannon Burke Critical Area Permit • Approved by the City Council as recommended by the Planning Commission. Planner Wall shared that October is National Community Planning Month through the American Planning Association and highlighted an activity that he and Mr. Mazzitello have been involved in, that being the Future Cities Competition at Friendly Hills Middle School. COMMISSIONER HENNESSEY MOVED, SECONDED BY COMMISSIONER HENNES, TO ADJOURN THE MEETING AT 8:52 P.M. AYES: 7 NAYS: 0 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Council Workshop Held Tuesday, October 29, 2013 page 19 5d. Pursuant to due call and notice thereof, a workshop of the City Council, City of Mendota Heights, Minnesota was held at 6:30 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Krebsbach called the meeting to order at 6:30 p.m. The following members were present: Councilmembers Duggan, Norton, Petschel, and Povolny. Also in attendance: City Administrator Miller, City Engineer/Public Works Director Mazzitello, Assistant to the City Administrator Tammy Schutta, Police Chief Mike Aschenbrener, and Planner Nolan Wall GARAGE CODE AMENDMENT DISCUSSION Administrator Miller presented the draft code revisions based on the work of staff and Councilmembers Povolny and Norton. The council discussed the proposed code changes, specifically the need for such an amendment, why the property sizes were divided like they were, and the proposed garage size allowances. After receiving comments and suggestions, staff indicated that a proposed code amendment would be brought to a future council meeting for consideration. FUTURE STAFFING OF THE ENGINEERING AND POLICE DEPARTMENTS Discussion started with a review of the past staffing levels of the engineering department, planned vacancies, and levels of projects that are scheduled to be completed in the coming years. Discussion about future projects and staff's ability to manage them was discussed. Staff was directed to move forward with the hiring process for a Civil Engineer II to fill the current vacancy and then move forward with a Civil Engineer I once future vacancies occurred. The police department staffing was then discussed with a focus on the future in mind. Council discussed several alternatives and was provided information about different management roles. Chief Aschenbrener indicated that he was not seeking a one -year fix, but more of a three to five year plan. Council provided their feedback on the department's staffing and asked staff to continue exploring options, including a review of budget impacts, and bring those back for further council discussion. ADJOURN Mayor Krebsbach adjourned the meeting at 8:30 p.m. ATTEST: Sandra Krebsbach, Mayor Lorri Smith, City Clerk 1101 Victoria Curve Mendota Heights, MN 651.452.1850 phone 651.452.8940 www.mendota- heights.com • M fll CITY OF MENDDTA HEIGHTS DATE: November 5, 2013 TO: Mayor, City Council and City Administrator FROM: Dave Dreelan, Assistant Fire Chief SUBJECT: September 2013 Fire Synopsis Fire Calls page 20 5e. The department responded to 19 calls for the month. The majority of calls were classified as false alarms or good intent calls. Six of the calls were residential in nature and two were commercial alarms. There were two EMS calls, eight utility checks (gas leaks or power lines), and one mutual aid call to Eagan. Monthly Squad and Department Training The monthly department and squad trainings were held at the vacant home. All of the trainings incorporated basic fire ground skills such as interior fire attack, ventilation, and search and rescue. The home continues to provide excellent hands -on opportunities for the firefighters. On September 28th, the fire department burnt down the vacant home that has been used for training over the last several months. Before the house was "allowed to burn down" the firefighters participated in approximately 12 interior fire attack evolutions. For each evolution a combination of pallets, hay and cardboard were ignited in one of the rooms. The fire was allowed to burn for several minutes before an attack team was sent in to locate and extinguish the fire. MENDOTA HEIGHTS FIRE DEPARTMENT SEPTEMBER 2013 MONTHLY REPORT FIRE CALLS NO. 13155 - 13173 NUMBER OF CALLS: 19 page 21 FIRE ALARMS DISPATCHED: ACTUAL FIRES Structure - MH Commercial Structure - MH Residential Structure - Contract Areas Vehicle - MH Vehicle - Contract Areas Grass /Brush /No Value MH Grass /Brush /No Value Contract MEDICAL Assist Extrication HAZARDOUS SITUATION Spills /Leaks Arcing /Shorting Chemical Power Line Down FALSE ALARM Residential Malfunction Commercial Malfunction Unintentional - Commercial Unintentional - Residential Criminal GOOD INTENT Smoke Scare Steam Mistaken for Smoke Other MUTUAL AID TOTAL CALLS NUMBER 2 5 1 2 2 1 5 1 19 STRUCTURE CONTENTS MISC. TOTAL MONTHLY FIRE LOSSES $0 $0 $0 TOTALS TO DATE $0 $8,500 $275 $7,300 $0 FIRE LOSS TOTALS MENDOTA HEIGHTS ALL FIRES, ALL AREAS (MONTH) $0 MEND. HTS. ONLY STRUCT /CONTENTS MEND. HTS. ONLY MISCELLANEOUS MEND. HTS. TOTAL LOSS TO DATE $16,075 $8,500 $5,000 $13,500 LOCATION OF FIRE ALARMS: MENDOTA HEIGHTS 12 MENDOTA 0 SUNFISH LAKE 1 LILYDALE 5 OTHER 1 TOTAL 19 TO DATE 135 6 7 18 7 173 LAST YEAR 141 2 7 12 2 164 BILLING FOR SERVICES AGENCY THIS MONTH TO DATE MN /DOT MILW. RR CNR RR OTHERS: TOTALS: $0 $0 $0 $0 $0 $0 WORK PERFORMED HOURS TO DATE FIRE CALLS MEETINGS DRILLS WEEKLY CLEAN -UP SPECIAL ACTIVITY ADMINISTATIVE 0 FIRE MARSHAL 48 TOTALS 313 43 153.5 34 341.5 2789 341.5 1398 338 1889.5 0 LAST YEAR 2756.5 321.5 1371.5 320.5 1601.5 0 533.5 574 933 7289.5 6945.5 FIRE MARSHAL'S TIME FOR MONTH INSPECTIONS INVESTIGATIONS RE- INSPECTION MEETINGS ADMINISTRATION SPECIAL PROJECTS TOTAL 33.5 4 6.5 4 48 REMARKS: SEE OTHER SIDE FOR SYNOPSIS page 22 5f. CITY Cif IiPIEI"�I ❑O'1`,4 HEIGHTS DATE: November 5, 2013 TO: Mayor, City Council and City Administrator FROM: Tamara Schutta Assistant to the City Administrator/HR Coordinator SUBJECT: Personnel Action Items Item 1: Approve Extended Light Duty/Modified Duty Assignment Mendota Heights Personnel Code Section 17, Light Duty/Modified Duty Assignment, establishes guidelines for temporary assignment of work to temporarily disabled employees who are medically unable to perform the essential functions of their regular positions with or without reasonable accommodation. Light duty is evaluated by the City Administrator or designee on a case -by -case basis. This policy does not guarantee assignment to light duty. Police Sergeant Convery has been assigned to a light duty /modified duty assignment effective August 12, 2013 through November 12, 2013 due to a work related injury. Work restrictions have been extended past November 12, 2013. Section 17 of the personnel code requires City Council approval for a light duty assignment beyond the three months. Staff is requesting an additional three months of a light duty /modified duty assignment for Sergeant Convery. Chief Aschenbrener has identified a number of administrative tasks for Sergeant Convery to complete during this modified duty assignment. The period of light duty /modified duty assignment would be November 13, 2013 through February 12, 2014. BUDGET IMPACT Not applicable. Item 2: Civil Engineer II Position In September, Mike Albers, Civil Engineer II, resigned from his position with the City of Mendota Heights to accept another position with another municipality. Per City Council direction, staff is requesting authorization to begin the recruitment process for the Civil Engineer II position. The Civil Engineer II position description was reviewed and updated in August 2013. Therefore no changes to the position description are required at this time. The Civil Engineer II is assigned to pay grade 28 on the 2013 Employee Position Placement/Pay Classification Plan. The 2013 pay grade 28 range is $61,498 - $74,752.The starting salary range for the Civil Engineer II will be $61,498 — $64,573 (Step A — Step B) plus benefits. page 23 Staff is requesting council authorization to begin the recruitment process for the Civil Engineer II position. RECOMMENDATION Staff recommends that the Mendota Heights City Council approve the actions requested above for these two items. page 24 5g. CITY Or rviENoom A IGI-FTS T DATE: November 5, 2013 TO: Mayor, City Council, and City Administrator FROM: Tamara Schutta, Assistant to the City Administrator /HR Coordinator SUBJECT: Floating Holiday Designation BACKGROUND Earlier this year, the City Council amended the Mendota Heights Personnel Code permanently designating one of the floating holidays for the Friday after Thanksgiving for non -union staff. Non -union staff have one floating holiday to use this year. The City Council, upon recommendation of the City Administrator, may designate the floating holiday as a fixed date when City offices will be closed. Please take note that the Christmas holiday is Wednesday, December 25, 2013. Traditionally several employees have taken a vacation day for Christmas Eve day. Staff anticipates a number of employees will be requesting Tuesday, December 24, 2013, leaving a very limited number of non -union employees covering the responsibilities of city hall. In addition, past history has shown that there is very little activity at city hall from the public on Christmas Eve and most expect the building to be closed in the first place. The City Council may want to consider designating the floating holiday for Tuesday, December 24, 2013. As provided for in the Mendota Heights Personnel Code, staff recommends that the City Council designate Tuesday, December 24, 2013 as a floating holiday for non -union employees. BUDGET IMPACT Not applicable RECOMMENDATION If the city council agrees with staff recommendation, a motion should be made to designate Tuesday, December 24, 2013 as a floating holiday for non -union staff. A simple majority vote is all that is needed on this issue. CITY OF MENEDOTA HEIGF --ITS 1101 Victoria Curve 1 Mendota Heights: 651 452.1650 phone 1 651.452.8040 www mendota -heig hts.com DATE: November 5, 2013 TO: Mayor and City Council, City Administrator FROM: Lorri Smith, City Clerk SUBJECT: Approval of Massage Therapist License for Sharon Petrulo INTRODUCTION page 25 5h. Pursuant to Mendota Heights City Code 3 -6 -2: No person shall provide massage services without first obtaining a license issued by the city. Each individual who provides massage must obtain an individual license. DISCUSSION Sharon Petrulo, 3100 Glen Oaks Avenue, White Bear Lake, MN, has submitted an application and paid the proper fee for a massage therapist license required per City Code. She has stated she will be working at Green Lotus Yoga & Healing Center, 750 Main Street, Mendota Heights. The Mendota Heights Police Department has successfully completed the background investigation and approves of the issuance of the license. ACTION REQUIRED Staff recommends the approval of a Massage Therapist license for Sharon Petrulo, 3100 Glen Oaks Avenue, White Bear Lake, MN, to be working at Green Lotus Yoga & Healing Center for the period of November 6, 2013 through June 30, 2014. irvrol"' CITY OF MENDOTA HEIGHTS DATE: November 5, 2013 TO: Mayor, City Council and City Administrator FROM: Nolan Wall, AICP Planner 1101 Victoria Curve I Mendota Heights. 651.452.1850 phone 651.452.8940 www.mendota•heights.com SUBJECT: Resolution Approving Conditional Use Permit for Wireless Antenna Modification at 1897 Delaware Avenue (Henry Sibley High School) BACKGROUND page 26 The applicant, on behalf of Sprint and Independent School District #197, has applied for a conditional use permit to upgrade the wireless antenna facilities located on the Henry Sibley High School building. A similar application was approved in August 2012. The project was never completed and therefore did not comply with the conditions of approval. As a result, a new application was required. Due to the size of the full submittal, only selected plan sheets are included in the packet for your review. The Planning Commission conducted a public hearing; there were no public comments. BUDGET IMPACT N/A RECOMMENDATION The Planning Commission recommended approval of the conditional use permit as described in Planning Case 2013 -18. If City Council desires to implement the recommendation, pass a motion adopting RESOLUTION 2013 -92 APPROVING A CONDITIONAL USE PERMIT FOR WIRELESS ANTENNA MODIFICATION AT 1897 DELAWARE AVENUE. This matter requires a simple majority vote. page 27 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2013 -92 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR WIRELESS ANTENNA MODIFICATION AT 1897 DELAWARE AVENUE WHEREAS, Willin Consultants, on behalf of Sprint and Independent School District #197, has applied for a conditional use permit for wireless antenna modification located at Henry Sibley High School, 1897 Delaware Avenue [PID 27- 2500- 030 -10, SECTION 25 TOWNSHIP 28 RANGE 23, SE 1/4 OF NE3/4 LESS HGWY 98/100 A EX PT FOR ST SUBJ TO CO R/W PAR 1(352)] as proposed in Planning Case 2013 -18; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this application at their regular meeting on October 22, 2013; and WHEREAS, the Planning Commission recommended that the City Council approve the conditional use permit as shown in Planning Case 2013 -18. NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council that a conditional use permit as proposed in Planning Case 2013 -18 is hereby approved with the following finding of fact: 1. The proposed antenna and accessory equipment modifications meet all of the zoning ordinance requirements and are consistent with the intent of the Conditional Use Permit criteria allowing such features. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that a Conditional Use Permit as proposed in Planning Case 2012 -18 is hereby approved with the following conditions: 1. The existing equipment (to be replaced) shall be removed within six months of operational migration to new equipment. Antenna and equipment removal shall include the removal of unused mounting equipment and the repair of any damaged wall or roof elements (from equipment anchors). The city must be notified of the time at which the old equipment is no longer operational. A bond must be provided to the city according to ordinance requirements. 2. The new antennas and accessory equipment cabinets shall be painted to match the color of the building. 3. The new antennas and related equipment shall comply with all FCC regulations. 4. The new antennas and related equipment shall comply with all applicable building and electrical codes. 5. A lease agreement exists between the applicants and the School District. 6. Any applicable federal, state, or local licenses must be submitted to the council prior to receiving a building permit. Adopted by the City Council of the City of Mendota Heights this fifth day of November, 2013. page 28 CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST: Lorri Smith, City Clerk page 29 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231 .2555 Facsimile: 763.231 .2561 ptannersfi%nacplanning.corn MEMORANDUM TO: Mendota Heights Planning Commission FROM: Stephen Grittman DATE: October 15, 2013 MEETING DATE: October 22, 2013 SUBJECT: Conditional Use Permit for a Wireless Antenna Modification CASE NO: Case No. 2013 -18; NAC Case 254.04 - 13._ APPLICANT(S): Sprint LOCATION: 1897 Delaware Avenue (Sibley High School) ZONING: R -1, One Family Residential Guide Plan: S - School Background and Description of Request Sprint is requesting approval of a Conditional Use permit (CUP) to allow modification to their existing wireless telecommunication equipment located upon the roof of Sibley High School located at 1897 Delaware Avenue. The property currently has cellular antenna mounts for four other cellular carriers including AT &T, Nextel, Verizon and Qwest. The applicants are proposing to upgrade their facilities by installing three hybrid cables, 12 panel antennas, 24 RRU's, one ground- mounted GPS antenna, two MMBS -BBU cabinets, two MMBS battery cabinets, and fiber and AAV equipment within their current lease space. They are proposing a migration timeline of 6 -12 months subsequent to installation to ensure the new facilities are operating properly. Once the new facilities are operational, Sprint's existing antennas would be removed. The Zoning Ordinance allows for wireless communication antenna in all zoning districts upon approval of a conditional use permit. page 30 Analysis: The applicants are proposing to remove two existing antennas and add four antennas in Sector 1. Three antennas will remain, resulting in seven antennas in this location, an increase of two, on the north side of the building. The same is proposed for addition and removal in Sector 2 (the east wall adjoining the Sector 1 location), with two existing antennas remaining for an increase of two antennas in this location. Four antennas are proposed in Sector 3 (west wall of the building), which will replace the two existing antennas in this location. The 24 RRU's, 8 in each sector, will be installed below the antennas. Section 12 -1 D- 14.C.2. requires the following for building- mounted antennas: Flush Mounting; Color: a. Building mounted antennas must be flush mounted to the sides of the building and painted the color of the building exterior unless the applicant can demonstrate to the council that protrusion above the roofline is necessary for communication effectiveness. b. In no case shall building mounted antennas or any attachment thereto be allowed to protrude more than fifteen feet (15') above the roofline of the building. The new antennas are approximately six feet in height; the existing antennas are approximately four feet in height. According to submitted plans, the new antennas will not extend above the building roofline. The new antennas must be painted to match the color of the building exterior. The application states that a ground- mounted GPS antenna will be installed; however, the plans indicate that the GPS antenna will be mounted to the southwest MMBS cabinet on the rooftop of the building. The applicant must provide clarification as to location and installation type of the new GPS antenna. Two new BBU cabinets and two new MMBS cabinets will replace the two existing CDMA battery cabinets and two existing CDMA cabinets within the area of Sprint's existing equipment platform. According to submitted plans, sufficient space exists in this area for the installation of the new facilities while existing equipment remains in place. The applicant intends to remove the existing equipment once the new facilities are operational. Section 12 -1 D- 14.H.1 requires the following regarding removal of equipment: Abandoned Structures: a. Removal Required: Unused or obsolete freestanding antenna towers, antennas, structures or apparatus must be removed within six (6) months of when the operation ceases. b. Bond: A successful applicant shall provide an abandonment bond to the city equal to one and a half (11/2) times the current cost of removal and disposal of all antennas and accompanying apparatus as estimated by a consultant selected by the city and paid for by the applicant, which bond shall be used by the city to remove the antennas page 31 and apparatus should they become unused or obsolete and the applicant or its successors or assigns become disbarred or otherwise fail to remove said antennas and apparatus. The applicant has indicated that the existing antennas will be removed 6 -12 months after the equipment has been migrated properly. The conditional use permit shall state that removal must occur within six months of the equipment migration and an abandonment bond be provided to the city to ensure timely removal of obsolete equipment. Antenna and equipment removal should include the removal of unused mounting equipment and the repair of any damaged wall or roof elements (from equipment anchors). The following additional requirements outlined in Section 12 -1 D -14.H. must also be complied with: 2. Other Required Licenses: The applicant must submit proof of any applicable federal, state, or local licenses to the council prior to receiving a building permit. 3. Interference With Public Safety Systems Prohibited: The applicant must agree in writing to support, participate in and refrain from interfering with public warning systems and public safety communications and other radio frequencies as may be regulated by the federal communications commission (FCC). 5. Compliance With FCC Regulations; Noninterference Required: All new or existing telecommunications service and equipment shall meet or exceed all federal communications commission (FCC) standards and regulations and shall not interfere with any other communications, computers, laboratory equipment or manufacturing equipment, including television and other home electronics. The applicant shall provide to the city a report from a qualified professional engineer guaranteeing noninterference and a copy of the FCC approval of the antenna in regard to noninterference. 9. Costs To Applicant: All costs of an application, including, but not limited to, those incurred by city staff time and resources, engineering studies by consultants, and other data as may be required by the city staff, the planning commission or the city council shall be borne in full by the applicant. All antennas and equipment shall also conform to all building and electrical codes (Section 12 -1 D- 14.F.2). Action Requested Following a public hearing, the Planning Commission may recommend one of the following: (1) Approve the Conditional Use Permit with conditions based on a finding that the proposed antenna and accessory equipment modifications meet all of the Zoning Ordinance requirements and are consistent with the intent of the Conditional use Permit criteria allowing such features. Conditions may include: page 32 a. The existing equipment (to be replaced) shall be removed within six months of operational migration to new equipment. Antenna and equipment removal shall include the removal of unused mounting equipment and the repair of any damaged wall or roof elements (from equipment anchors). The city must be notified of the time at which the old equipment is no longer operational. A bond must be provided to the city according to ordinance requirements. b. The new antennas and accessory equipment cabinets shall be painted to match the color of the building. c. The new antennas and related equipment shall comply with all FCC regulations. d. The new antennas and related equipment shall comply with all applicable building and electrical codes. e. A lease agreement exists between the applicants and the School District. f. Any applicable federal, state, or local licenses must be submitted to the council prior to receiving a building permit. (2) Deny the Conditional Use Permit, based on a finding from additional information presented at the public hearing. Staff Recommendation Planning Staff recommends approval of the Conditional Use Permit with conditions as stated in Alternative number (1) above. The proposed antenna and related equipment upgrades are expected to have no physical impact upon neighboring properties. Supplementary Materials: 1. Application Materials dated 9 -27 -13 APPLICATION FOR CONSIDERATION OF PLANNING REQUEST T11503Xe690 Cjyof Marjdota Heights tit);1 Vmlona'Cune Meitsata t3elohts, Minnesota t3tr1'1a (ri51:1' 152 1&,)(551) 462040 Case No "2.01,1 � J 4s' Date of Application ' ! Y3 Fee Paid 'u 'S" 0 1Appitcant Name: Y Y 1RA R o 11aS �_L is Tile. 'PH:. `! CO— ' �1 (First) (ply E -Man Address C'k 1 e_ctf t't5g. 1i.111IACOfsg111 111 T,C -DIVA / .(01 Ut1..W 1 iP Address rt gCl e�>��r %c�.. D rjw,e, .S e. A e r5 GA 3609,1 (Number E Street} (Clay) (Stele); (Zip Code) (first) t? .(M) Aitdress: e '.t (Numbe(.&iStreet)i ;(City) (Slate) (Zip Cade) inset Lacatiotl of Property In iilestlan 1.: 97 .Tdav (:re Avenue, J H E)t • 5, j 4.130ciho hi; Legal lDescription & PIN of Property, (,Complete Legal from Title or Deed must be pro:vicled); ry t t 6 1 `1t 11 �1��f1V1Fir 4 �; in 1"t�, f5431 C�1�f11�5� (2)iYM.Y11 5 . *bal tit.0 Type of Recife try f J ) ZLI) R ��.(1 f' b t` p,n& A IYf. (? T tt.�:tL c�i�lxrl�t�+s l r �urttl� 6 P� ttk1.7 u�4i ❑ Rezonlnp ❑ Variai a erg{ u ?t rtx' Gi t tnl ✓71 k t!!it tcri t ❑ Condiliotial Use Aerfnit ❑;:Subdivislbti Appraval, 1 e SC 5f f2.L` t'. ❑ 01110 01 li ar Perntttfor P U D. ❑ Wetlands Permit ❑ Prolittttriaty {Filial flitApprovai ❑ Critical Area Permit ❑ Comprettensive PIan:Arnendrrrenl ❑ O1her (attach explanation) tr � (-'. i L S Applicable City Ordinance. Number f 2- —( b Section (r Present Zoning of Property R — ( Present Use 9(1lQaI,/4 e— eCit11tr0 f 6 4.co :Sae' Proposed Zoning at Property (a — ( Proposed Use No (114(47 I hereby declare that all statements made in this request and on the additional material are true.. I further authorize City Officials and agents to inspect the above }.r party during daylight hours. (Si9npiure of , pilot) Date Received 9! f°i ct?•/.1; (Signature of Owner} page 33 WILL!N • CansuItants Inc. September 27, 2013 City of Mendota Heights Nolan Wall 1101 Victoria Curve Mendota Heights, MN 55118 651 - 452 -1850 page 34 RE: Request for Building Permit Approval for equipment addition to existing Telecommunication Tower Leased Area Sprint site # MS03XC690 Site Address: 1897 Delaware Ave. Mendota Heights, MN 55118 Mr. Nolan Wall, Sprint will be upgrading their existing equipment at the telecommunications site at Henry Sibling High School, located at the above listed address. This upgrade will include the installation of (3) hybrid cables, (12) panel antennas, (24) RRU's, (1) ground mounted GPS Antenna, (3) hybrid cables, (2) MMBS -BBU cabinets and (2) MMBS battery cabinets as well as Fiber and AAV equipment within the existing lease space. The existing antennas will be removed within 6 -12 months once the equipment has been migrated properly. Cost of construction for this proposed work is $18,000.00. Enclosed please find; • Completed Application • (1) Set of Construction Drawings • Check #2840 in the amount of 350.00 Please let me know of you have any questions or comments. If you would, please forward back the building permit approval to the below listed address or send a copy via e-mail to me at cherjeffares @willinconsultants.com. Thank you for your time and consideration in this matter. Cher Jeffa 's 678 - 616 -7166 Willin Consultants, Inc. 889 Commerce Drive Ste. A Conyers, GA 30094 www.willinconsultants.com We have a solution for all your Site Acquisition needs! Henry Sibley High School 1897 Delaware Avenue Date: 10/17/2013 0 220 SCALE IN FEET page 35 City of Mendota Heights w 186 Wtrr.rrf rAf rsri<I /, rf rwwie! rF',rrfir:FtilFrryFR7liere r'-i f Witt Fliiirf(.!! lirrrlrtir:411 1, r -�F� ,cNi�r:nnsr, sr.t nrt�.. f/[fREiM'U rw jti' C #w AT I C. �.-tir►�ifi►�r. l . � c, I ;� f s:":, —, Ili it IT6' i r DARLA CT I �MENDOTA RD W hi Ip I I' t • !' I I I j 124' OMTAGE RD —HWY 110 1 page 36 Sprint® I}}}}\ 1 •� \ irde 1961 NORTHPOINT BLVD., SUITE 130 HIXSON, TN 37343 PH: 423- 843 -9500 FAX: 423 - 843 -9509 PROJECT INFORMATION HENRY SIBLEY HIGH SCHOOL MS03XC690 1897 DELAWARE AVENUE MENDOTA HEIGHTS, MN 55118 DAKOTA COUNTY DRAWN BY CHECKED BY DATE JAE SEH 9 -27 -13 SHEET TITLE ELEVATION 1 TOWER ELEVATION 11x17 SCALE: NOT TO SCALE 24x36 SCALE: NOT TO SCALE RAD CENTER JMPER ENGTH 6' } }} / \= PROPOSED MULTI PORT ANTENNAS (4) PER SECTOR EXISTING PROPOSED SPRINT CARRIER (8 PAIR RRU ANTENNAS (8 PAIR PER SECTOR) i 0 0 RRU MODEL !RH -C2A & RRH -P4(1 !RH -C2A & RRH -P4(1 !RH -C2A & RRH -P4(1 ANTENNA FREQUENCY . < j \}j \ \\ }: \ }\} \ \ \ \ \\ 1 Is OUIPMENT NOT SHOWN FOR CLARITY. DONFIGURATION SHOWN ON THIS NNA PLAN SHEETS FOR EXISTING AND -RIM CONFIGURATION. ( INVENTORY PROVIDED BY OTHERS. \ NTENNA, RRU, AND CABLING WORK vIENCE UNTIL A SIGNED AND SEALED WER /POLE, SPRINT PLATFORM AND FORT IN ACCORDANCE WITH ALL AL, STATE, AND FEDERAL CODES (ESIGN DEPICTED ON THESE 3EEN PROVIDED. page 37 Affidavit of Publication State of Minnesota SS County of Dakota ANNE THILLEN , being duly sworn, on oath, says that he /she is the publisher or authorized agent and employee of the publisher of the newspaper known as SOUTH -WEST REVIEW , and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printedNOTICE OF HEARING which is attached was cut from the columns of said newspaper, and was printed and published once each 6TH week, for 1 successive weeks; it was first published on SUNDAY , the day of OCTOBER , 2013 , and was thereafter printed and published on every to and including , the day of , 20 ; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: *ABCDEFGHIJKLMNOPQRSTUVWXYZ *ABCDEFGHIJKLMNOPQRSTUVWXYZ *abcdefgh ijklm nopq rstuvwxyz Subscribed and sworn to before me on this 7TH day of OCTOBER , 2ic 3 Notary Public *Alphabet should be in the same Size and kind of type as the notice. BY: avvyvt 11/1711/1nadk^ TITLE LEGAL COORDINATOR TONYA R. WHITEHEAD Notary Public - Minnesota My CommIsslon Expires Jan S1, 20151 (1) Lowest classified rate paid by RATE INFORMATION commercial users for comparable space $25.00 per col. inch (2) Maximum rate allowed by law for the above matter $25.00 per col. inch (3) Rate actually charged for the above matter $ per col. inch 1/13 / NIENDOT CITY OF — HEARING , NR OQ i 1.,;Au-EusBc. Lo I m,u. r_n 11 E As s 1 coRuno.I0NpNGDIDLA: TIT yEl OsANTA L TO ...11LE Is herFbY F. of Mtheantdtohtae T Foil A TO FOR asP1:33aponleicaningtololifetalsoepberiernrtatan7d., °bP:Mrs: o1r1Oas VNICT al i let eYnt nos der' li asneyo.ilt Cna C, ° fiew:enm, c I:I \fel 1 nhi, ci n-at,,°m. ,1 ncst .dool denepsreuni t a. d,,pni aent , unst 1 ■ as Fins too722d .,12ata0w1a3Hreueipnigdhatts:1, 1 Heights w' able thereen . the t! -Tlahi ries l e srSsaccihouaciesen II e' insninil8pu'unl:u a n tn t- -6 a As-rest tlni Sedrioat au 1, planning ' desire t° bet Cwoidlle.bSeachheaPre er ": page 38 page 39 Dakota County, MN 278430000151 599 CALLAHAN PL ARTHUR B & AUDREY D ETTL 420300041012 1918 DELAWARE AVE BERNARD L GALLMEYER 427590001120 0 488 NATURE VIEW CT BRADLEY R BOURGEOIS 278430000141 0 605 MARIE AVE W BRIAN A PERGAMENT 421330002082 0 477 MENDOTA RD W CHARLES R & SUZANNE HUESTIS 270250001010 1805 DELAWARE AVE CITY OF MENDOTA HEIGHTS 276810001030 0 586 SIBLEY CT CRAIG A & PRISCILLA KOECKERITZ 276810001100 0 575 SIBLEY CT CRAIG D. TRAUTMAN 276810001230 0 585 HIGH RIDGE CIR DANIEL M & DEBORAH G PARADISE 421330002072 485 MENDOTA RD W DAVID R & KATHLEEN K BJORKLUND 278430000340 ED 620 CALLAHAN PL DOROTHY J LAPEAN 276810001110 576 HIGH RIDGE CIR DREW STEVEN BACKSTRAND 427590001020 480 PRESERVE PATH EDWARD & CHRISTINA MALLOY 276810001240 605 HIGH RIDGE CIR EDWARD A & SUZANNE M KDCOUREK 277590001030 1867 WARRIOR DR FRANK & JOAN P TSTES PILNEY 425050001050 el 481 MARIE AVE W GEORGE R SHANDORF 271510001040 al 1792 RIDGEWOOD DR GERALD T & REBECCA R PETSCHEN 270250001020 el 1811 DELAWARE AVE INDEPENDENT SCHOOL DIST 197 en 270250001030 INDEPENDENT SCHOOL DIST 197 270250001040 0 1833 DELAWARE AVE INDEPENDENT SCHOOL DIST 197 Disclaimer: Map and parcel data are believed legal document and should not be substituted verification. Dakota County assumes no legal to be accurate, but accuracy is not guaranteed. This is not a for a title search,appraisal, survey, or for zoning responsibility for the information contained in this data. Map Scale 1 inch = 501 feet 9/30/2013 page 40 Dakota County, MN 270250001050 INDEPENDENT SCHOOL DIST 197 wwa 270250001060 INDEPENDENT SCHOOL DIST 197 wri 270250002010 INDEPENDENT SCHOOL DIST 197 270250003010 el 1897 DELAWARE AVE INDEPENDENT SCHOOL DIST 197 427590001220 491 DEER RUN TRL JAMES & VALERIE MALLACE 276810001210 609 HIGH RIDGE CIR JAMES A & MARY E WALDVOGEL 427585001020 1869 HEATHER CT JAMES M & MICHELLE L GANNON 278430000353 1825 WARRIOR DR JAMES R & ANGELA R PIRKL 271510002050 565 MARIE AVE W JAMES R & BARBARA I KASAL 277590001060 1901 WARRIOR DR JANICE A SCHUEPPERT 0 0 ED 0 0 0 277590001020 1859 WARRIOR DR JERROLD & GAIL M WILDENAUER 420190058012 1810 DELAWARE AVE JOHN A & SARAH M ROMANS 421330002071 487 MENDOTA RD W JOHN C ZAVADA 427590001130 484 NATURE VIEW CT JOHN R & LANI T BENNETT 420300028012. 485 PRESERVE PATH JOSEPH & PATRICIA GILL 277590001010 1851 WARRIOR DR JOSEPH S & TERESA M LAWDER 421330002051 490 DARLA CT KAREN & TIM MCCONNELL 420300028013 1878 DELAWARE AVE KARL & LAURIE BOYSEN 427585001030 1865 HEATHER CT KATHRYN M & PATRICK HIBBARD 271510002040 1791 RIDGEWOOD DR KELLY C & ROBERT D HOLDEN Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. Dakota County assumes no legal responsibility for the information contained in this data. Map Scale 1 inch = 501 feet 9/30/2013 page 41 Dakota County, MN 270240079071 0 531 MARIE AVE W KERRY L & LISA A KERN 277590001040 0 1875 WARRIOR DR KEVIN & CARISSA BORMANN 276810001010 0 574 SIBLEY CT KEVIN W & JULIE A GILLEN 421330002040 0 480 DARLA CT KRISTINA L SCHEID 270250004024 595 HWY110 LARRY E MROZINSKI 271510002030 1775 RIDGEWOOD DR LAWRENCE & CHRISTINE FISCHER 276810001200 613 HIGH RIDGE CIR LAWRENCE 5 & JO E CHLEBECK 427585001010 1885 HEATHER CT LEONARD T & GLORIA DUNHAM 420300027013 LEROY R & MARY BAKEWELL 278430000140 591 MARIE AVE W MARIE WIEGNER 278430000150 0 594 MARIE AVE W MARJORIE D CHEESEBROW 427590001100 475 NATURE VIEW CT MARK ❑ SORENSON 421330002061 0 2040 DELAWARE AVE MARK F J GRAINGER 427590001210 477 DEER RUN TRL MARTY L & ANNA JOHNSON 421330001030 489 DARLA CT MARY LYNN MEISINGER 278430000355 0 610 CALLAHAN PL MATTHEW C & COLLEEN KULHANEK 270250004010 591 HWY110 MATTHEW L & ANDREA L GLEWWE 421330001020 479 DARLA CT MICHAEL & ELIZABETH THOMASON 270240079072 0 535 MARIE AVE MICHAEL KRAJNIAK 271510001030 0 1778 RIDGEWOOD DR MICHAEL N & SUSAN MICEVYCH Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. Dakota County assumes no legal responsibility for the information contained in this data. Map Scale 1 inch = 501 feet 9/30/2013 page 42 Dakota County, MN " 3��Fal�il7 67 64 270240079050 427590001030 1777 DELAWARE AVE 472 PRESERVE PATH MILTON H TSTE HILDEBRANDT SCOTT T & LORI A DICKIE 276810001130 421330002030 0 588 HIGH RIDGE CIR fa 472 DARLA CT NANCY A GOLDBERGER STEPHEN A MOONEY 276810001190 427590001140 0 612 HIGH RIDGE CIR 0 476 NATURE VIEW CT NATHAN & SHANNON HUNTLEY STEPHEN H & MARCIA H FOX 427590003070 420300028030 in 472 DEER RUN TRL 1864 DELAWARE AVE PATRICIA E ELLIOTT STEVEN J BOCHE 277590001050 276810001220 1883 WARRIOR DR 577 HIGH RIDGE CIR PATRICK L & SARA J COTTER STUART R & JENNIFER SIMEK 427590001010 420300029010 490 PRESERVE PATH 0' 2050 DELAWARE AVE PATRICK 5 & SUSAN 5 FLYNN SUNFISH LAKE LLP 427590003090 276810001090 492 DEER RUN TRL fa 581 SIBLEY CT RACHEL T SOMSEN THOMAS 3 & SHARON D THIEMAN 427590001040 276810001080 466 PRESERVE PATH 587 SIBLEY CT RALPH N & PATRICIA NORUSIS THOMAS P & JANIS L VUCICEVIC 276810001020 425050001060 580 SIBLEY CT 0 1820 DELAWARE AVE ROBERT W TUTTLE TIMOTHY ]R & ERIN LAMKIN 427590001110 270240079060 485 NATURE VIEW CT 0 1783 DELAWARE AVE SCOTT L & RENETTE M STINSON VERN & ROSE HILDEBRANDT Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. Dakota County assumes no legal responsibility for the information contained in this data. Map Scale 1 inch = 501 feet 9/30/2013 page 43 Dakota County, MN 278430000152 602 MARIE AVE VIKTORS ULDIS ROZENBERGS 278430000332 615 CALLAHAN PL WILLIAM & MARIA KOSKI 276810001120 CD 582 HIGH RIDGE CIR WILLIAM M & ANN E SUTMAR 427590003080 al 482 DEER RUN TRL WILLIAM T KUBAT Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. Dakota County assumes no legal responsibility for the information contained in this data. Map Scale 1 inch = 500 feet 9/30/2013 irvrol""' CITY OF MENDOTA HEIGHTS 1101 Victoria Curve 1 Mendota Heights. 651.452.1850 phone 1 651.452.8940 tax www.mendota•heights.com page 44 5j. DATE: November 5, 2013 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, PE, Assistant City Engineer SUBJECT: Accepting Wetland Delineation Report for the Southview Property BACKGROUND The City Council of Mendota Heights is the Local Governmental Unit (LGU) that administers the Minnesota Wetland Conservation Act (WCA). A wetland delineation report for the Southview property was submitted to the city for approval and acceptance. Proposed site modifications will be applied for separately but are to include an office building and parking lot. The Southview property is a 3.2 -acre parcel in the industrial park of Mendota Heights. The site currently does not have an address but is located off Pilot Knob Road and is identified by Dakota County PID# 270330001004. The National Wetland Inventory (NWI) data showed a potential water feature on the site. The purpose of this report was to determine if wetlands truly exist on the site. A professional consultant was hired by the developer and they determined that the feature does not meet the required jurisdictional criteria for wetlands. The reports final results are a non - wetland determination. Staff concurs with this evaluation. BUDGET IMPACT None, this process is a judicial requirement of the city. If council accepts the report a Notice of Decision will be sent to respective agencies (Dakota County SWCD, BWSR, LMRWMO, Army Corps.) RECOMMENDATION Staff recommends that council approve and accept the report as submitted by Westwood Professional Services for their conclusion of no loss, non - wetland determination and direct staff to issue the Notice of Decision. page 45 Wetland Determination Report Southview Property City of Mendota Heights, Dakota County, Minnesota Prepared for: Mr. Chris Clifton Southview Design 1875 East 50th Street Inver Grove Heights, MN 55077 Prepared by: Westwood Professional Services, Inc. 7699 Anagram Drive Eden Prairie, MN 55344 (952) 937-5150 Project Number: 0002305.00 October 2, 2013 page 46 Wetland Determination Report — Southview Property page 47 October 2, 2013 CONTENTS List of Exhibits ii List of Appendices ii 1.0 PURPOSE 1 2.0 SITE LOCATION AND DESCRIPTION 1 3.0 WETLAND DELINEATION METHODOLOGY 2 4.0 RESULTS 2 4.1 Mapping 2 4.2 Delineated Wetland Descriptions 3 5.0 CONCLUSIONS 3 6.0 LITERATURE CITED 4 7.0 CERTIFICATION 5 i Wetland Determination Report — Southview Property page 48 October 2, 2013 EXHIBITS Exhibit 1: Site Location and USGS Topography Exhibit 2: National Wetlands Inventory & 1VINDNR Public Waters Exhibit 3: NRCS Soils Exhibit 4: Sample Points APPENDICES Appendix A: USACE Application Appendix B: Wetland Determination Data Forms Appendix C: Wetland Determination Photographs ii Wetland Determination Report — Southview Property page 49 October 2, 2013 PURPOSE Westwood Professional Services (Westwood) was retained by Southview Design to delineate wetlands and obtain agency delineation concurrence on an approximately 3.2 -acre parcel in Mendota Heights, MN. This report, the attached exhibits, and data forms constitute the wetland determination report for the Southview Property located in the city of Mendota Heights, Dakota County, Minnesota (hereafter referred to as the Site). The city of Mendota Heights is the Local Governmental Unit (LGU) that administers the Minnesota Wetland Conservation Act (WCA). This report provides the required documentation for wetland boundary determinations in conformance with the United States Army Corps of Engineers (USACE) Wetlands Delineation Manual (Environmental Laboratory, Waterways Experiment Station, 1987) and the Regional Supplement to the USACE Wetland Delineation Manual: North Central and Northeast Region (US Army Engineer Research and Development Center, 2010). Applications for USACE Jurisdictional Determination are included in Appendix A. SITE LOCATION AND DESCRIPTION The Site is located off Pilot Knob Road in Mendota Heights, MN (T28 R23, S33 - Dakota County Parcel #037 - 270330001004) in a business district area (Exhibit 1). The western border of the Site runs adjacent to Minnesota Highway 13 and the eastern boarder of the Site is framed by Pilot Knob Road (county road 31). The northern boundary of the Site borders an undeveloped wooded lot and the southern edge of the Site is bordered by a partially developed and partially wooded lot. The Site is disturbed, littered with a variety of construction materials including large pieces of concrete, PVC piping, and various metal objects. In addition, the ground appears to have areas of fill and grading. The microtopography of the Site is generally very uneven and non - compacted soils are found across much of the site. The approximately 3.2- acre Site is primarily a combination of woodland and shrub /scrub areas. A small amount of upland grassland exists on the northeast edge of the Site. The west edge of the Site is higher in elevation than the eastern edge (Exhibit 1). Proposed site modifications include constructing an office building and parking lot on the east side of the property and a landscaping materials yard on the west side. At the time of the site review, conditions were clear, sunny, and warm (73°F). Antecedent precipitation was dry prior to the delineation. Table 2.1 constitutes the Precipitation Documentation Worksheet from the Minnesota Climatology Working Group. Table 2.1: Precipitation Documentation Worksheet (Dakota, Mendota Heights, T28 R23, S33) Score using 1981 -2010 normal period (values are in inches) first prior month: August 2013 second prior month: July 2013 third prior month: June 2013 estimated precipitation total for this location: 2.07 3.51 5.17 there is a 30% chance this location will have less than:. 3.39 2.75 3.41 there is a 30% chance this location will have more than * 5.24 4.79 5.19 Table 2.1: Precipitation Documentation Worksheet Continued 1 Wetland Determination Report — Southview Property page 50 October 2, 2013 type of month: dry normal wet monthly score multi -month score: 6 to 9 (dry) 10 to 14 (normal) 15 to 18 (wet) dry 3 *1 =3 normal 2 *2 =4 normal 1 *2 =2 9 (dry) 3.0 WETLAND DELINEATION METHODOLOGY Prior to delineating wetland boundaries in the field, Westwood reviewed the Site location and topography (Exhibit 1), the National Wetlands Inventory (NWI) and the Minnesota Department of Natural Resources ( MNDNR) Public Waters and Wetlands Inventory (PWI) for Dakota County (Exhibit 2), and the Natural Resource Conservation Service (NRCS) Soil Survey Geographic database (SSURGO2) for Dakota County (2010) (Exhibit 3). On Sept 25, 2013, Westwood concluded a non - wetland determination on the Site using a level two routine determination method set forth in the USACE Wetlands Delineation Manual (Environmental Laboratory, Waterways Experiment Station, 1987) and the supplemental methods set forth in the regional supplement to the USACE Wetland Delineation Manual: Northcentral and Northeast Region (US Army Engineer Research and Development Center, 2010). Soils, vegetation, and hydrology data were recorded on Standard Data forms and are included in Appendix B of this report. Wetlands were classified according to Wetlands of the United States (U.S. Fish and Wildlife Service Circular 39; Shaw and Fredine 1971) and Wetlands and Deep -water Habitats of the United States (FWS /OBS Publication 79/31; Cowardin et. al. 1979). Wetland plant community types were classified according to Wetland Plants and Communities of Minnesota and Wisconsin (Eggers and Reed 1997). Common names and scientific names for vegetation identified in this report and on the attached data forms generally correspond with the nomenclature used in the 2013 National Wetland Plant List (Lichvar 2013). Plant indicator status was based upon the Northcentral and Northeast Region rankings. Species dominance for vegetation measurements was based on the percent coverage visually estimated within a defined radius of the sample point location for the tree and vine layers, shrub layer, and herbaceous layer (Appendix B). Sample points were located using a Trimble GeoXH sub -meter accuracy global positioning unit (GPS) (Exhibit 4). 4.0 RESULTS 4.1 Mapping The NWI data illustrates a water feature within the Site boundary. The NWI data depicts a kidney- shaped wetland (PUBGx) in the northcentral area of the Site (Exhibit 2). No MNDNR Public Wetlands or Waters were indicated within the Site boundary on the MNDNR PWI data layer. The NRCS SSURGO2 for Dakota County indicates that the soils listed in Table 4.1 are mapped within the Site boundary (Exhibit 3). Quam silt loams (1824) with wet substrates are assumed hydric soils on this Site. 2 Wetland Determination Report — Southview Property page 51 October 2, 2013 Table 4.1: Soil Summary Table Map Symbol' Map Unit Name2 Rating2 Percent Hydric Soil3 320C2 Tallula silt loam. 6 to 12% slopes, eroded Not Hvdric 0 411B Waukegan silt loam. 1 to 6% slopes Not Hvdric 0 1824 Quam silt loam, ponded All Hvdric 100 1— Soils determined using GIS geospatial query clipping the NRCS Soil Survey Geographic (SSURGO2) spatial data by Projec boundaries. 2 - As indicated in the SSURGO2 database 3 - As indicated in the SSURGO2 database. Where percentages are small (e.g. < 15 %) the hydric soil is likely an inclusion that is not recognized in the map unit name. The absence of a value does not necessarily indicate the absence of hydric soils, but that the relative percentages of included minor soils has not been determined. 4.2 Delineated Wetland Descriptions No wetlands were delineated by Westwood on this Site (Exhibit 4). Two sample points were taken in areas of the Site that correspond with NWI mapped wetland area and NRCS hydric soils. Sample point upl is located in a shrub /scrub /grassland area in the eastern side of the site. Sample point up2 is located in a wooded area in the western side of the site. Data forms each are provided in Appendix B and photographs in Appendix C. Dominant vegetation at sample point up 1 included Siberian elm, Canada goldenrod, and smooth brome. Dominant vegetation at sample point up2 included box elder, Siberian elm, European buckthorn, and creeping Charlie. Soils observed at both points failed to meet field hydric soil indicators. In addition, no wetland hydrology indicators were observed at either sample point location. Based on lack of hydrology, hydric soils, and hydrophitic vegetation indicators, no wetlands were delineated at this site and a non - wetland determination was made. 5.0 CONCLUSIONS Westwood concluded a non - wetland determination at the Southview Mendota Heights Property on behalf of Southview Design, and found no jurisdictional wetlands within the project boundaries. Westwood evaluated one mapped PUBGx area in the field at two separate data point locations. Neither of these data points met the required jurisdictional criteria for wetland. Westwood requests that the City of Mendota Heights, as the LGU, provides a letter of concurrence for the non - wetland determination, and the USACE process the enclosed application for USACE Jurisdictional Determinations. Please contact Westwood if you have questions regarding this report. 3 irvrol""' CITY OF MENDOTA HEIGHTS 1101 Victoria Curve 1 Mendota Heights. 651.452.1850 phone 1 651.452.8940 ro www.mendota•heights.com page 52 5k. DATE: November 5, 2013 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, PE, Assistant City Engineer SUBJECT: Approve Invoices to Gartzke Construction for Storm Water Improvements BACKGROUND Periodically, maintenance issues arise that are beyond the capabilities of Public Works staff or beyond the scope of improvements within an approved capital improvement project. The city hired Gartzke Construction to perform two such repairs. The first repair was identified during the Marie Avenue Rehabilitation Project. Storm water outlets from the street and is to drain adjacent to the property at 625 Marie Avenue. The existing drainage swale had accumulated sediment over the years and was causing street storm water to flow through the subject property creating a nuisance for the home owner. Gatzke Construction excavated the swale, installed erosion fabric and river rock, and stabilized the area with topsoil and seed. The cost for this improvement was $5482.50 which exceeds staff authorization limits set forth in the purchasing policy. Invoice attached. The second repair has been an ongoing settlement on Maple Park Drive. Public works staff has been leveling a settlement area annually and restoring the area with topsoil and seed. The settlement though was being caused by a faulty storm sewer line and needed to be repaired. Gartzke Construction exposed the storm sewer pipe and repaired damaged section and restored the area. The cost for this improvement was $3312.00, invoice attached. BUDGET IMPACT The Marie Avenue Project was substantially under budget and the Drainage Improvements will be charged to this project. The Maple Park Drive Repair will be charged to the Storm Water Utility Fund which has sufficient funds budgeted for storm sewer repairs. RECOMMENDATION Staff recommends that council approve the invoices by Gartzke Construction and Authorize Staff to issue payment. To: GARTZKE CONSTRUCTION, INC. 2177 Highland Drive Hastings, MN 55033 cell (Chuck): 612- 414 -8618; cell (Steve): 612 - 386 -3179; office: 651 - 437 -8760 City of Mendota Hts 1101 Victoria Curve Mendota Heights MN 55118 2013 invoice # 156 page 53 date description unit # of units unit price item subtotal build river rock drainage way at 625 Marie Ave. Excavate waterway ,install erosion fabric , river rock, topsoil,seed, fertilizer and erosion blanket 9/23/2013 U 45 Kubota excavator and operator hr 8 $110.00 $880.00 T 750 bobcat hr 5 $90.00 $450.00 Mack tri-axle dump hr 4 $90.00 $360.00 Foreman truck and tools hr 9 $65.00 $585.00 laborer hr 9 $50.00 $450.00 erosion fabric sy 177 $1.50 $265.50 river rock cy 24 $29.00 $696.00 9/24/2013 U 45 excavator hr 4 $110.00 $440.00 T 750 bobcat hr 3 $90.00 $270.00 Mack tri axle dump hr 3 $90.00 $270.00 Foreman truck and tools hr 4 $65.00 $260.00 laborer hr 4 $50.00 $200.00 river rock cy 3 $29.00 $87.00 topsoil ton 8.08 $12.50 $101.00 seed fertilizer and blanket Is 1 $168.00 $168.00 TOTAL DUE $5,482.50 jii if - ) ' Me. Poi, (fW to to[11.3 To: GARTZKE CONSTRUCTION, INC. 2177 Highland Drive Hastings, MN 55033 cell (Chuck): 612 - 414 -8618; cell (Steve): 612 - 386 -3179; office: 651 - 437 -8760 City of Mendota Heights 1101 Victoria Curve Mendota Heights MN 55118 invoice # 165 page 54 date 10/7/2013 #of units unit price item subtotal description Repair storm sewer in street @ 586 Maple Park Dr. 111111111111111111111111111111111111111 _ ® 9 $135.00 $1,215.00 PC 150 hoe Mack triaxle dump Foreman truck and tools labor 1 $86.00 _concrete around catch basin Install ciy supplied fabric, clean rock and IIINNIIIIIIIIIIIIIIIIIIINIIIIIIIIIII class 5 rock, removed material trucked to IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Mi city dump site. amMEINSIM haul in 6 cy's city topsoil and fill behind IIIIIIIIIIIMNIIIIIIIIINIIIIIIIIIIMIIIIII _ curb $26.00 one irragation repairs parts I�® $60.00 $90.00 one ton dump ® $50.00 $50.00 labor --_ _ INIIIIIIHIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINIINIIIIIIIIIIIIIIIIIIIIIIIIINIII Tt3TAL DUE ININIIIIIIIIIIIIIIIIIIIIIIII 11111111111111111111111111 IIIIIIIIIIIIIIIIIIIIIIIIIII IINIIIIIIIIIIIIIIIIIIIIIPIIIIIIIIIIIIIIIIIIIIIIMIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIINIIAIIFIIUIMIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINIIINIIIIIIIIIIIINI IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIImmmmmNmNmmellIllIll1111111111111111111111111111111111111111 MINI mimmimmaimill1M111111111111111111111111111111111111111111111111111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII INIIIIIIIIIIIIIIIIIIIIIIIIIIMIIIIIIIIIIIIIIIII 11111111111111111111111111111111111111111111111 hr hr 9 9 9 $90.00 $65.00 $50.00 $810.00 $585.00 $450.00 $86:00 10/8/2013 irvrol"' CITY OF MENDOTA HEIGHTS page 55 1101 Victoria Curve 1 Mendota Heights. 651.452.1850 phone 1 651.452.8940 fax www.mendota•heights.com 51. DATE: November 5, 2013 TO: Mayor, City Council, and City Administrator FROM: John R. Mazzitello, PE, PMP, MBA — Public Works Director /City Engineer SUBJECT: Traffic Control Signal Agreement for Lexington Avenue and Highway 110 BACKGROUND Dakota County and the Minnesota Department of Transportation (MnDOT) will be replacing the traffic signal at the intersection of Lexington Avenue and Highway 100 in 2014. As part of the signal replacement project, a renewal of the maintenance agreement is required. The attached agreement outlines the maintenance responsibilities of MnDOT, Dakota County, and the City of Mendota Heights. The City's responsibilities under this agreement remain the same as under previous agreements and are consistent with City responsibilities for other signals throughout the City. The City of Mendota Heights will be responsible for: 1. Maintain the signal pole mounted LED luminaires and all internal components, including replacing the LED luminaires when necessary. 2. Provide the State's District Engineer or their designated representative a list of all vehicles with EVP emitter units, if requested by the State. BUDGET IMPACT Streetlight maintenance expenses are funded out of the Street Department, which is a general fund levy funded department. Maintenance of this traffic signal is already included in the budget, and the new signal, with LED luminaries, is anticipated to require less maintenance that the existing signal. No adverse budgetary impacts are anticipated as a result of executing this agreement. The City is not participating in the funding of the 2014 signal installation. RECOMMENDATIONS Staff recommends Council approve the attached Traffic Control Signal Agreement Number 04595. If Council wishes to act of staff's recommendation, adopt Resolution 2013 -81, A RESOLUTION AUTHORIZING ENTERING INTO TRAFFIC CONTROL SIGNAL AGREEMENT NUMBER 04595 FOR THE TRAFFIC CONROL SIGNAL AT THE INTERSECTION OF COUNTY ROAD 43 (LEXINGTON AVENUE) AND HIGHWAY 110. This action requires a simple majority vote. page 56 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 2013 -81 RESOLUTION AUTHORIZING ENTERING INTO TRAFFIC CONTROL SIGNAL AGREEMENT NUMBER 04595 FOR THE TRAFFIC CONROL SIGNAL AT THE INTERSECTION OF COUNTY ROAD 43 (LEXINGTON AVENUE) AND HIGHWAY 110 IT IS RESOLVED that the City of Mendota Heights enter into Agreement No. 04595 with the State of Minnesota, Department of Transportation and Dakota County for the following purposes: To provide for the operation, maintenance and power of the new Traffic Control Signal with Signal Pole Mounted Luminaires, Accessible Pedestrian Signals, Signing, ADA related items, Emergency Vehicle Pre - emption System, and the existing Interconnect on Trunk Highway No. 110 at County Road No. 43 (Lexington Avenue) in the City of Mendota Heights, Dakota County constructed under State Project No. 1908 -108. IT IS FURTHER RESOLVED that the and the (Title) amendments to the Agreement. (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 an authorized meeting held on the day of , 2013, as shown by the minutes of the meeting in my possession. Subscribed and sworn to before me this day of , 2013 Notary Public My Commission Expires +c)`,s7;,' (Signature) (Type or Print Name) (Title) STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION And DAKOTA COUNTY And MENDOTA HEIGHTS TRAFFIC CONTROL SIGNAL AGREEMENT State Project Number (S.P.): 1918 -108 Trunk Highway Number (T.H.): 110 =117 City Project No: C.P. 43 -32 Signal System ID 21417 Total County Obligation $133,375.01 page 57 This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ( "State "), the County of Dakota acting through its County Board ( "County "), and the City of Mendota Heights acting through its City Council ( "City "). Recitals 1. The State will remove the existing Traffic Control Signal and install a new Traffic Control Signal with Accessible Pedestrian Signals ( "APS "), Signal Pole Mounted L.E.D. Luminaires, and Signing ( "Signal System ") on Trunk Highway No. 110 at County Road No. 43 (Lexington Avenue), according to State - prepared plans, specifications and special provisions designated by the State as State Project No. 1918 -108 (T.H. 110 = 117)( "Project "); and 2. The State will install an Emergency Vehicle Pre - emption System ( "EVP System ") and American Disabilities Act (ADA) related items (Remove Curb and Gutter, Remove Concrete Walk, Remove Bituminous Pavement, Concrete Walk, Concrete Curb and Gutter, and Truncated Domes) as part of the new Signal System; and 3. The State will furnish a signal system cabinet and controller ( "State Furnished Materials "), according to the Project Plan, to operate the Signal System covered under this Agreement; and 4. The County wishes to participate in the Construction Costs, State Furnished Materials( Lump Sum ), and associated construction engineering; and 5. The City, County, and the State will participate in the operation and maintenance of the new Signal System, EVP System, and ADA related items. 6. 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. Term of Agreement; Survival of Terms; Plans 1.1. 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: 8. Liability; Worker Compensation Claims; 10. State Audits; 11. Government Data Practices; 12. Governing Law; Jurisdiction; Venue; and 14. Force Majeure. The terms and conditions set forth in Article 3. Signal System and EVP System Power, Operation, and page 58 Maintenance will survive the expiration of this Agreement, but may be terminated by another Agreement between the parties. 1.4. Plans, Specifications, Special Provisions. Plans, specifications and special provisions designated by the State as State Project No. 1918 -108 (T.H. 110 =117) are on file in the office of the Commissioner of Transportation at St. Paul, Minnesota, and incorporated into this Agreement by reference. ( "Project Plans ") 1.5. Exhibits. Preliminary Schedule "I" is on file in the office of the County Engineer and incorporated into this Agreement by reference. 2. Construction by the State 2.1. Contract Award. The State will advertise for bids and award a construction contract to the lowest responsible bidder according to the Project Plans. 2.2. Direction, Supervision and Inspection of Construction. The State will direct and supervise all construction activities performed under the construction contract, and perform all construction engineering and inspection functions in connection with the contract construction. All contract construction will be performed according to the Project Plans. 2.3. Plan Changes, Additional Construction, Etc. A. The State will make changes in the Project Plans and contract construction, which may include City and or County participation construction covered under this Agreement, and will enter into any necessary addenda, change orders and supplemental agreements with the State's contractor that are necessary to cause the contract construction to be performed and completed in a satisfactory manner. The State District Engineer's authorized representative will inform the appropriate City and or County officials of any proposed addenda, change orders and supplemental agreements to the construction contract that will affect the City and or County participation construction covered under this Agreement. B. The City and or County may request additional work or changes to the work in the plans as part of the construction contract. Such request will be made by an exchange of letter(s) with the State. If the State determines that the requested additional work or plan changes are necessary or desirable and can be accommodated without undue disruption to the Project, the State will cause the additional work or plan changes to be made. 2.4. Satisfactory Completion of Contract. The State will perform all other acts and functions necessary to cause the construction contract to be completed in a satisfactory manner. 3. Signal System, EVP System, and ADA related items Power, Operation, and Maintenance Power, operation and maintenance responsibilities will be as follows for the Signal System, EVP System, and ADA related items on Trunk Highway No. 110 at County Road No. 43. 3.1. City and County Responsibilities A. Power. The County and the City shall jointly be responsible for providing the necessary electrical power including connection fees and monthly power charges of the new Traffic Control Signal and EVP System at the shared costs of 50 percent County and 50 percent City. The County will receive the bill for the necessary electrical power including connection fees and the electrical power of the new Traffic Control Signal and EVP System, and invoice the City for 50 percent of the costs. Electrical power for the signal pole mounted L.E.D. luminaires shall be metered as part of the signal power. B. Minor Signal System Maintenance. The City will, at its own cost and expense: i. Maintain the signal pole mounted L.E.D. luminaires and all internal components, including replacing the L.E.D. luminaires when necessary. page 59 ii. Provide the State's District Engineer or their designated representative a list of all vehicles with EVP emitter units, if requested by the State. The County will, at its cost and expense: iii. Replace the Signal System L.E.D. indications. iv. Clean the Signal System controller cabinet and service cabinet exteriors. v. Clean the Signal System and luminaire mast arm extensions. vi. Paint and maintain the cross street pedestrian crosswalk markings. C. Sidewalks. The County will provide for the maintenance of any sidewalk construction, including stamped and colored concrete sidewalk (if any) and pedestrian ramps. Maintenance includes, but is not limited to, snow, ice and debris removal, patching, crack repair, panel replacement, cross street pedestrian crosswalk markings, mowing grass boulevards (if any) and any other maintenance activities necessary to perpetuate the sidewalks in a safe, useable, and aesthetically acceptable condition. 3.2 State Responsibilities Major Signal System Maintenance and Operation: i. The State will, at its cost and expense, be responsible for all other traffic control signal and signal pole mounted luminaire maintenance not indicated in 3.1.B above. ii. As owner, perform Gopher State One Call Locating and be responsible for scheduling future Signal and EVP System replacement and relocation. EVP System Operation: The EVP System will be installed, operated, maintained, and removed according to the following conditions and requirements: iii. All maintenance of the EVP System must be done by State forces. iv. Emitter units may be installed only on authorized emergency vehicles, as defined in Minnesota Statutes § 169.011, Subdivision 3. Authorized emergency vehicles may use emitter units only when responding to an emergency. v. Malfunction of the EVP System must be reported to the State immediately. vi. In the event the EVP System or its components are, in the opinion of the State, being misused or the conditions set forth in Paragraph ii. above are violated, and such misuse or violation continues after the City receives written notice from the State, the State may remove the EVP System. Upon removal of the EVP System pursuant to this Paragraph, all of its parts and components become the property of the State. vii. All timing of the EVP System will be determined by the State. 3.3. Right of Way Access. Each party authorizes the other party to enter upon their respective public right of way to perform the maintenance activities described in this Agreement. 3.4. Related Agreements. This agreement will supersede and terminate the operation and maintenance terms of Agreement No. 70780, dated June 18, 1993, between the parties, for the intersection of Trunk Highway No. 110 at County Road No. 43 (Lexington Avenue). page 60 4. Basis of City Cost 4.1. SCHEDULE "I ". The Preliminary SCHEDULE "I" includes all anticipated County participation construction items, State Furnished Materials lump sum amounts and the construction engineering cost share covered under this Agreement, and is based on engineer's estimated unit prices. 4.2. County Participation Construction. The County will participate in the following at the percentages indicated: 50 Percent will be the County's rate of cost participation for the Construction Costs and State Furnished Materials on Trunk Highway No. 110 at County Road No. 43. 4.3. Construction Engineering Costs. The County will pay a construction engineering charge equal to 8 percent of the total County participation construction covered under this Agreement. 4.4. Plan Changes, Additional Construction, Etc. The County will share in the costs of construction contract addenda, change orders and supplemental agreements that are necessary to complete the County participation construction covered under this Agreement, including any County requested additional work and plan changes. The State reserves the right to invoice the County for the cost of any additional County requested work and plan changes, construction contract addenda, change orders and supplemental agreements, and associated construction engineering before the completion of the contract construction. 5. County Cost and Payment by the County 5.1. County Cost. $133,375.01 is the County's estimated share of the costs of the contract construction, State Furnished Materials and the 8 percent construction engineering cost share as shown in the Preliminary SCHEDULE "I ". The Preliminary SCHEDULE "I" was prepared using estimated quantities and unit prices, and may include any credits or lump sum costs. Upon award of the construction contract, the State will prepare a Revised SCHEDULE "I" based on construction contract unit prices, which will replace and supersede the Preliminary SCHEDULE "I" as part of this agreement. 5.2. Conditions of Payment. The County will pay the State the full and complete lump sum amount as shown in the Revised SCHEDULE "I ", after the following conditions have been met: A. Execution of this Agreement and transmittal to the County, including a copy of the Revised SCHEDULE "I ". B. The County's receipt of a written request from the State for the advancement of funds. 5.3. Acceptance of the County's Cost and Completed Construction. The computation by the State of the amount due from the County will be final, binding and conclusive. Acceptance by the State of the completed contract construction will be final, binding and conclusive upon the County as to the satisfactory completion of the contract construction. 5.4. Final Payment, Additional City Requested Work Upon completion of all contract construction and upon computation of the final amount due the State's contractor, and only if additional work has been requested under Article 2.3.B of this Agreement, the State will prepare a Final SCHEDULE "I" and submit a copy to the County. The Final SCHEDULE "I" will be based on final quantities of any additional County requested participation construction items and the construction engineering cost share due to additional requested work. The computation by the State of the amount due from the County will be final, binding and conclusive. 6. Authorized Representatives Each party'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. page 61 6.1. The State's Authorized Representative will be: Name /Title: Allan Espinoza, Mn/DOT Metropolitan District Traffic Engineering, (or successor) Address: 1500 County Road B2 West, Roseville, MN 55113 Telephone: (651) 234 -7812 Fax: (651) 234 -7850 E -Mail: allan.espinoza@state.mn.us 6.2. The County's Authorized Representative will be: Name /Title: Mark Krebsbach, Dakota County Engineer (or successor) Address: 14955 Galaxie Avenue West, Apple Valley, MN 55124 -8579 Telephone: (952) 891 -7100 Fax: (952) 891 -7127 6.3. The City's Authorized Representative will be: Name /Title: John Maazzitello, Mendota Heights City Engineer (or successor) Address: 1101 Victoria Curve, Mendota Heights, MN 55118 Telephone: (651) 452 -1850 Fax: (651) 452 -8940 7. Assignment; Amendments; Waiver; Contract Complete 7.1. 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. 7.2. 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. 7.3. Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the provision or the party's right to subsequently enforce it. 7.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State, the County, and the City. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 8. Liability; Worker Compensation Claims 8.1. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law 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 County and the City. 8.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. 9. Nondiscrimination Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are considered part of this Agreement. 10. State Audits Under Minnesota Statutes § 16C.05, subdivision 5, the County's and 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. page 62 11. Government Data Practices The City, County, and State must comply with the Minnesota Government Data Practices Act Minnesota Statutes Chapter 13, as it applies to all data provided 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 the County, the City or the State. 12. 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. 13. Termination. 13.1. By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties. 13.2. Termination for Insufficient Funding. The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the performance of contract construction under the Project. Termination must be by written or fax notice to the County and City.. 14. Force Majeure No 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 party'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) CITY OF MENDOTA HEIGHTS By Date By Title Date Mayor page 63 DAKOTA COUNTY 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. Recommended for Approval: By: Approved as to form: By: (County Engineer) Approved: By: Date: page 64 DEPARTMENT OF TRANSPORTATION Recommended for Approval: By: (District Engineer) Date: Approved: Bv: (County Attorney) (State Design Engineer) (Physical Development Director) Date: COMMISSIONER OF ADMINISTRATION County Board Resolution No. Date: By: Date: (With delegated authority) INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION. page 65 DAKOTA COUNTY RESOLUTION IT IS RESOLVED that Dakota County enter into MnDOT Agreement No. 04595 with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the County to the State of the County's share of the costs of the Traffic Control Signal and EVP construction and other associated construction and to provide for the operation, maintenance and power of the new Traffic Control Signal with Signal Pole Mounted Luminaires, Accessible Pedestrian Signals, Signing, ADA related items, Emergency Vehicle Pre - emption System, and the existing Interconnect to be performed on Trunk Highway No. 110 at County Road No. 43 (Lexington Avenue), within the corporate City limits of Mendota Heights under State Project No. 1908 -108. IT IS FURTHER RESOLVED that the and the (Title) amendments to the Agreement. (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 Board of Commissioners of Dakota County at an authorized meeting held on the day of , 2013, as shown by the minutes of the meeting in my possession. Subscribed and sworn to before me this day of , 2013 Notary Public My Commission Expires (Signature) (Type or Print Name) (Title) page 66 CITY OF MENDOTA HEIGHTS RESOLUTION IT IS RESOLVED that the City of Mendota Heights enter into Agreement No. 04595 with the State of Minnesota, Department of Transportation and Dakota County for the following purposes: To provide for the operation, maintenance and power of the new Traffic Control Signal with Signal Pole Mounted Luminaires, Accessible Pedestrian Signals, Signing, ADA related items, Emergency Vehicle Pre - emption System, and the existing Interconnect on Trunk Highway No. 110 at County Road No. 43 (Lexington Avenue) in the City of Mendota Heights, Dakota County constructed under State Project No. 1908 -108. IT IS FURTHER RESOLVED that the and the (Title) amendments to the Agreement. (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 an authorized meeting held on the day of , 2013, as shown by the minutes of the meeting in my possession. Subscribed and sworn to before me this day of , 2013 Notary Public My Commission Expires (Signature) (Type or Print Name) (Title) CITY OF MENDOTA HEIGHTS page 67 1101 Victoria Curve I Mendota Heights, MN 5' 651.452.1850 phone 1 651.452.8940 www.mendota- heights.com 5m DATE: November 5, 2013 TO: Mayor, City Council and City Administrator FROM: John P. Maczko, Fire Chief SUBJECT: Thermal Imaging Camera and Lukas Combination Tool Purchases BACKGROUND In the 2013 budget the department budgeted $10,000 for the replacement of a 15 year old thermal imaging camera and $7,000 for the purchase of a Lukas combination tool (Jaws of Life). Both pieces of equipment will be housed on the new truck currently under construction at Custom Fire Apparatus. Assistant Chief Dreelan has researched the equipment needed and has asked to purchase equipment that is compatible with our existing equipment. The thermal imagers that we currently use are manufactured by MSA and have been reliable and very serviceable. He has requested that we again purchase MSA. With the Jaws of Life rescue tool he has recommended that we purchase a unit compatible with our unit on Rescue 10 so that it can be used as a back -up system. We currently use a Lukas Jaws of Life that has also been very reliable and serviceable. Because of the complexity and service needs of both pieces of equipment there is only one vendor in the state that is authorized to sell this equipment. I asked him to check prices from other vendors on comparable units and prices are similar. I agree with Assistant Chief Dreelan that purchasing units we are already familiar with that are interchangeable is a wise use of resources. BUDGET IMPACT As mentioned above both, pieces of equipment were budgeted for in the 2013 fire department budget under capital improvements. The budgets amounts are $10,000 for the camera and $7,000 for the rescue tool. Quotes were received from: Emergency Response Solutions in the amount of $8,132.00 for the thermal imager Alex Air Apparatus in the amount of $6,875.00 for the rescue tool. RECOMMENDATION I recommend the City Council approve the purchase of the thermal imaging camera in the amount of $8,132.00 from Emergency Response Solutions and the purchase of the rescue tool in the amount $6,875.00 from Alex Air Apparatus. CITY OF MENDOTA HEIGHTS 1101 Victoria Curve I Mendota Heights, MN 5 651.452.1850 phone 1 651.452.8940 www.mendota- heights.com page 68 5n. DATE: November 5, 2013 TO: Mayor, City Council and City Administrator FROM: John P. Maczko SUBJECT: Purchase of Turnout Gear BACKGROUND The 2013 fire budget included $16,000 for the purchase of turnout gear. A recent inspection of the turnout gear and the addition of 5 new firefighters determined our needs Assistant Chief Dreelan has received two quotes for the necessary equipment. The two quotes are from Lion for $14,084.40 and Fire Equipment Specialties for $12,804.00. BUDGET IMPACT There is $16,000 budgeted for the purchase of the six sets of turnout gear and the purchase of them would be under budget. RECOMMENDATION I recommend the City Council approve the purchase the necessary turnout gear from Fire Equipment Specialties for the amount of $12,804.00. CITY OF MENDOTA HEIGHTS TREASURER'S REPORT SEPTEMBER 2013 American Bank Checking Account .02% Savings Account .02% Collateral - Bonds Gov't. Guar. Investments ,k4./ BALANCE COLLATERAL $12,293.07 $640.27 $12,933.34 $1,021,810.00 $250,000.00 Cost PV Saving Cert 7/29/13 @0.20% Cherokee $13,952.59 $13,952.59 FHLB 1.00% 08/27/18 $500,000.00 $500,365.00 FHLB 1.00% 12/14/22 $510,000.00 $484,760.10 FHLB 1.00% 12/28/22 $700,000.00 $675,472.00 FHLB 1.25% 02/23/23 $260,000.00 $249,108.60 FHLB 1.25% 03/27/23 $255,000.00 $243,420.45 FHLB 1.125% 06/20/23 $1,750,000.00 $1,683,972.50 FHLB 2.00% 07/25/23 $200,000.00 $200,238.00 FHLB 1.00% 09/27/18 $200,000.00 $200,222.00 Goldman Sachs Bank 1.50% 12/08/14 $245,000.00 $246,700.30 GE Capital Financial Inc 2.05% 11/4/16 $245,000.00 $250,110.70 American Express Cent Bank 2.05% 12/1/16 $245,000.00 $249,971.05 GE Capital Retail Bank 2.00% 7/6/18 $200,000.00 $203,370.00 Fidelity Institutional Government Portfolio (Piper) $2,298,668.39 $2,298,668.39 Gov't. Securities Fund 28% Sold 6/4 $433,187.00 $1,031,000.00 MMkt Fd (WF) $638,993.30 TOTAL FUNDS AVAILABLE 9/30/13 Funds Available 1/1/2013 Rates Money Market SEPT Bank 0.02% 5 Yr. Tr. 1.39% 10 Yr. Tr. 2.64% $8,707,734.62 $12,121,839.17 page 69 5o. page 70 1101 Victoria Curve I Mendota Heights, MP 651452.1850 phone 1 651.452,8940 fo.. www.mendota- heights.com 5p. DATE: TO: FROM: SUBJECT: CITY OF MENDOTA HEIGHTS BACKGROUND November 5, 2013 Mayor, City Council and City Administrator Kristen Schabacker, Finance Director \,0\1' Claims List Summary Significant Claims Met Council Enviormnental Srvcs — SAC & Sewer Service Xcel Energy — Utilities Yocum Oil - Fuel A to Z Home Inspection — 8/23 - 10/09/13 Inspections Bolton & Menk — Hunter /Orchard and Force Main Work Dakota County Financial Services — Police RMS & Right of Way Permitting Landscape Structures — Mendakota Playground Project MN /WI Playground — Mendakota Park Surface Northdale Construction — Hunter /Orchard Project PAC — 2454 Lemay Lake Demolition Rupp, Anderson, Squires & Wald — Legal Services SPRWS — Water Service Urban Companies — Highway 110 /Dodd Project $ 82,600.57 $ 11,428.15 $ 9,062.86 $ 5,632.50 $ 17,412.28 $ 16,334.74 $ 70,541.15 $ 9,816.63 $ 311,026.72 $ 14,100.00 $ 23,951.29 $ 6,142.69 $ 122,562.92 Manual Checks Total $ 151,383,46 System Checks Total $ 687,962.78 Total for the list of claims for the November 5, 2013 city council meeting $ 839,346.24 RECOMMENDATION: Approval of the list of claims for November 5, 2013. Account CITY OF MENDOTA HEIGHTS Claims List MANUAL CHECKS 10/31 /13 MAN Comments DEPT Descr page 71 10/31/13 11:27 AM Page 1 Amount Search Name AFFINITY PLUS G 01 -2073 Search Name AFFINITY PLUS 10/25/2013 PAYROLL Search Name ESSLINGER, KARL & TERESA E 01 -4490- 110 -10 E 01- 4490 - 110 -10 E 01 -4490- 110 -10 E 01- 4490 - 110 -10 Search Name ESSLINGER, KARL TEMPORARY EASEMENT PERMANENT EASEMENT VOID CHECK #22199 VOID CHECK #22200 & TERESA Search Name I C M A RETIREMENT 457 G 01 -2072 10/11/2013 PAYROLL G 01 -2073 10/11/2013 PAYROLL G 01 -2073 10/25/2013 PAYROLL G 01 -2072 10/25/2013 PAYROLL Search Name I C M A RETIREMENT 457 Search Name METRO COUNCIL ENVIRONMENT SVC E 15- 4449 - 060 -60 NOV 2013 SEWER CHARGES Search Name METRO COUNCIL ENVIRONMENT SVC Search Name MINNESOTA APA E 01- 4490 - 080 -80 RFP POSTING Search Name MINNESOTA APA Search Name MN DEPT OF LABOR & INDUSTRY R 01 -3315 Q2 2013 SURCHARGES R 01 -3615 Q2 2013 SURCHARGES Search Name MN DEPT OF LABOR & INDUSTRY Search Name NATIONWIDE RETIREMENT SOLUTION G 01 -2072 10/25/2013 PAYROLL G 01 -2072 10/11/2013 PAYROLL Search Name NATIONWIDE RETIREMENT SOLUTION Search Name SAM S CLUB E 45- 4305 - 045 -45 E 45- 4310 - 205 -45 E 45- 4310 - 210 -45 E 45- 4310 - 205 -45 E 45- 4310 - 210 -45 Search Name SAM S CLUB GOLF SUPPLIES - PAR 3 BEVERAGES - PAR 3 CONCESSIONS - PAR 3 BEVERAGES - PAR 3 CONCESSIONS - PAR 3 Search Name SW /WC SERVICE COOPERATIVES G 01 -2074 G 01 -2071 E 01- 4131 - 070 -70 E 01- 4131 - 050 -50 E 01- 4131 - 040 -40 E 01- 4131 - 020 -20 E 01- 4131 - 110 -10 E 05- 4131 - 105 -15 Search Name SW /WC SERVICE COOPERATIVES NOV 2013 HEALTH INS. PREMIUM NOV 2013 HEALTH INS. PREMIUM NOV 2013 HEALTH INS. PREMIUM NOV 2013 HEALTH INS. PREMIUM NOV 2013 HEALTH INS. PREMIUM NOV 2013 HEALTH INS. PREMIUM NOV 2013 HEALTH INS. PREMIUM NOV 2013 HEALTH INS. PREMIUM Administration Administration Administration Administration Utility Enterprise Planning Golf Course Golf Course Golf Course Golf Course Golf Course Parks & Recreation Road & Bridges Code Enforcement/Inspections Police Administration Engineering Enterprise $1,040.00 $1,040.00 $1.00 $1.00 -$1.00 -$1.00 $0.00 $469.92 $192.00 $192.00 $469.92 $1,323.84 $82,600.57 $82,600.57 $25.00 $25.00 $4,563.60 - $182.54 $4,381.06 $650.00 $650.00 $1,300.00 $30.85 $34.99 $58.27 $35.54 $110.33 $269.98 $1,561.00 $6,062.00 $1,364.50 $4,574.00 $1,452.00 $17,086.00 $3,488.00 $4,268.50 $39,856.00 Account CITY OF MENDOTA HEIGHTS Claims List MANUAL CHECKS 10/31/13 MAN Comments DEPT Descr page 72 10/31/13 11:27 AM Page 2 Amount Search Name UNITED WAY OF ST. PAUL G 01 -2070 10/25/2013 G 01 -2070 10/11/2013 Search Name UNITED WAY OF ST. PAUL Search Name XCEL ENERGY E 45- 4211 - 046 -45 E 01- 4211 - 320 -70 E 08- 4212 - 000 -00 E 01- 4212 - 320 -70 E 01- 4212 - 315 -30 E 01- 4212 - 310 -70 E 01- 4212 - 310 -50 E 28- 4211 - 000 -00 E 15- 4211 - 400 -60 E 15- 4211 - 310 -60 E 45- 4211 - 047 -45 E 01- 4211 - 420 -50 E 01- 4211 - 320 -70 E 01- 4211 - 315 -30 E 01- 4211 - 310 -70 E 01- 4211 - 310 -50 E 01- 4211 - 300 -50 E 15- 4212 - 310 -60 E 45- 4212 - 046 -45 E 15- 4212 - 400 -60 E 01- 4212 - 320 -70 E 08- 4211 - 000 -00 Search Name XCEL ENERGY PAYROLL PAYROLL SEPT 2013 UTILITIES SEPT 2013 EL. UTILITIES SEPT 2013 GAS UTILITIES SEPT 2013 GAS UTILITIES SEPT 2013 GAS UTILITIES SEPT 2013 GAS UTILITIES SEPT 2013 GAS UTILITIES SEPT 2013 EL. UTILITIES SEPT 2013 EL. UTILITIES SEPT 2013 EL. UTILITIES SEPT 2013 UTILITIES SEPT 2013 EL. UTILITIES SEPT 2013 UTILITIES SEPT 2013 EL. UTILITIES SEPT 2013 EL. UTILITIES SEPT 2013 EL. UTILITIES SEPT 2013 EL. UTILITIES SEPT 2013 GAS UTILITIES SEPT 2013 UTILITIES SEPT 2013 GAS UTILITIES SEPT 2013 UTILITIES SEPT 2013 EL. UTILITIES Search Name YOCUM OIL COMPANY, INC. G 01 -1210 FUEL - DIESEL Search Name YOCUM OIL COMPANY, INC. Golf Course Parks & Recreation Spec Fds Parks & Recreation Fire Parks & Recreation Road & Bridges Spec Fds Utility Enterprise Utility Enterprise Golf Course Road & Bridges Parks & Recreation Fire Parks & Recreation Road & Bridges Road & Bridges Utility Enterprise Golf Course Utility Enterprise Parks & Recreation Spec Fds $48.00 $48.00 $96.00 $17035 $291.25 $77.02 $53.44 $140.96 $19.62 $19.62 $1,155.81 $1,581.37 $343.76 $846.57 $225.51 $11.22 $992.19 $343.76 $343.76 $1,845.05 $19.61 $28.53 $39.33 $9.62 $2,869.80 $11,428.15 $9,062.86 $9,062.86 $151,383.46 CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 11/05/13 PAY page 73 10/31/13 11:33 AM Page 1 Account Comments DEPT Descr Amount Search Name A TO Z HOME INSPECTION, LLC E 01- 4231 - 040 -40 09/18 - 10/09 INSPECTIONS E 01- 4231 - 040 -40 08/23 - 09/17 INSPECTIONS Search Name A TO Z HOME INSPECTION, LLC Search Name ALLINA HEALTH E 01 -4244- 030 -30 Search Name ALLINA HEALTH Code Enforcement/Insp Code Enforcement /Insp $2,65730 $2,975.00 $5,632.50 MEDICAL EXAMS - FIRE DEPT Fire $617.00 $617.00 Search Name AMERICAN FLEET SUPPLY E 01- 4330 - 440 -20 EQUIPMENT REPAIR PARTS - PD Police $28.81 E 01- 4330 - 490 -50 EQUIPMENT REPAIR PARTS - STREETS Road & Bridges $49.02 E 01- 4330 - 440 -20 EQUIPMENT REPAIR PARTS - PD Police $8.94 E 01- 4330 - 460 -30 EQUIPMENT REPAIR PARTS - FIRE DEPT Fire $15.94 E 01- 4335 - 315 -30 BLDG MAINT. SUPPLIES - FIRE DEPT Fire $9.49 Search Name AMERICAN FLEET SUPPLY $112.20 Search Name ANCOM COMM INC E 01- 4305 - 030 -30 Search Name ANCOM COMM INC PAGER BATTERIES - FIRE DEPT Fire $103.67 $103.67 Search Name APACHE GROUP E 15- 4305 - 060 -60 SUPPLIES - SHOP Utility Enterprise $41.75 E 01- 4305 - 070 -70 SUPPLIES - SHOP Parks & Recreation $41.76 E 01- 4305 - 050 -50 SUPPLIES - SHOP Road & Bridges $41.76 E 01- 4305 - 030 -30 SUPPLIES - FIRE HALL Fire $273.79 E 08- 4335 - 000 -00 SUPPLIES - CITY HALL Spec Fds $46.38 Search Name APACHE GROUP $445.44 Search Name ASSURANT EMPLOYEE BENEFITS E 01- 4132 - 031 -30 NOV 2013 LTD PREMIUM Search Name ASSURANT EMPLOYEE BENEFITS Search Name BATTERIES PLUS E 15- 4330 - 490 -60 G 01 -2035 Search Name BATTERIES PLUS EQUIPMENT REPAIR SUPPLIES EQUIPMENT REPAIR SUPPLIES - USE TAX Fire Utility Enterprise $199.58 $199.58 $59.33 -$3.82 $55.51 Search Name BEARENCE MANAGEMENT GROUP E 15- 4250 - 060 -60 WC POLICY COMMISSION Utility Enterprise $92.49 E 45- 4250 - 045 -45 WC POLICY COMMISSION Golf Course $38.22 E 08- 4250 - 000 -00 WC POLICY COMMISSION Spec Fds $80.16 E 05- 4250 - 105 -15 WC POLICY COMMISSION Engineering Enterprise $123.32 E 01- 4250 - 110 -10 WC POLICY COMMISSION Administration $917.68 E 01- 4250 - 110 -10 POLICY RENEWAL COMMISSION Administration $7.20 Search Name BEARENCE MANAGEMENT GROUP $1,259.07 Search Name BERTELSON TOTAL OFFICE SOLUTNS E 01- 4300 - 070 -70 OFFICE SUPPLIES - PARKS Parks & Recreation $21.85 E 01- 4300 - 110 -10 OFFICE SUPPLIES - ADMIN Administration $82.40 Search Name BERTELSON TOTAL OFFICE SOLUTNS $104.25 Search Name BLUM, TERRY E 01- 4415 - 070 -70 MILEAGE REIMBURSEMENT - T. BLUM Parks & Recreation $108.48 CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 11/05/13 PAY page 74 10/31/13 11:33 AM Page 2 Account Comments DEPT Descr Amount Search Name BLUM, TERRY $108.48 Search Name BOLTON & MENK INC E 27- 4220- 774 -00 E 15- 4220- 789 -00 Search Name BOLTON & MENK INC HUNTER /ORCHARD PROJECT MH RD FORCEMAIN REPL. PROJECT Spec Fds Spec Fds $1,907.28 $15,505.00 $17,412.28 Search Name C. DARLENE OEHLKE, CAP E 01- 4220- 080 -80 10/22/13 PLANNING COMM. MEETING Planning $154.00 E 01- 4220- 110 -10 10/15/13 CITY COUNCIL MTG Administration $101.40 Search Name C. DARLENE OEHLKE, CAP $255.40 Search Name CAMELOT CLEANERS E 01- 4410 - 020 -20 UNIFORMS CLEANING - PD Police $110.78 Search Name CAMELOT CLEANERS $110.78 Search Name CC STITCHERI E 01- 4305 - 030 -30 Search Name CC STITCHERI CLOTHING - FIRE DEPT Fire $160.00 $160.00 Search Name CDW GOVERNMENT, INC E 01- 4301 - 114 -14 COMPUTER EQUIPMENT Info Tech $24.81 E 01- 4301 - 114 -14 COMPUTER EQUIPMENT Info Tech $36.25 E 01- 4301 - 020 -20 SOFTWARE - PD Police $201.64 E 01- 4301 - 030 -30 SOFTWARE - FIRE DEPT Fire $67.22 Search Name CDW GOVERNMENT, INC $329.92 Search Name CENTRAL IRRIGATION SUPPLY E 01- 4330 - 215 -70 IRRIGATION REPAIR PARTS Parks & Recreation $915.74 Search Name CENTRAL IRRIGATION SUPPLY $915.74 Search Name CENTURY LINK E 45- 4210- 045 -45 OCT -NOV 2013 SERVICE - PAR3 Golf Course $55.07 Search Name CENTURY LINK $55.07 Search Name C.1 SPRAY, INC. E 01- 4330 - 490 -70 EQUIPMENT REPAIR PARTS - PARKS Parks & Recreation $68.40 Search Name C.1 SPRAY, INC. $68.40 Search Name CMI INC. E 01- 4305 - 020 -20 OPERATING SUPPLIES - PD Police $84.43 Search Name CMI INC. $84.43 Search Name CONTINENTAL SAFETY EQ E 15- 4330 - 490 -60 EQUIPMENT REPAIR - SEWER Utility Enterprise $162.15 Search Name CONTINENTAL SAFETY EQ $162.15 Search Name COOL AIR MECHANICAL, INC. E 08- 4335 - 000 -00 HVAC REPAIRS - CITY HALL Spec Fds $367.06 Search Name COOL AIR MECHANICAL, INC. $367.06 Search Name CRAGUN S E 01 -4400- 020 -20 TRAVEL EXPENSE - D. URMANN Police $240.00 Search Name CRAGUN 5 $240.00 Search Name CUSTOM FIRE APPARATUS CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 11/05/13 PAY page 75 10/31/13 11:33 AM Page 3 Account Comments DEPT Descr Amount E 01- 4330 - 460 -30 EQUIPMENT REPAIR PARTS - FIRE DEPT Fire $348.99 Search Name CUSTOM FIRE APPARATUS $348.99 Search Name DAKOTA COMMUNICATIONS CENTER E 01- 4275- 030 -30 NOVEMBER 2011 DCC FEE Fire $798.65 E 01- 4275 - 020 -20 NOVEMBER 2011 DCC FEE Police $15,174.35 Search Name DAKOTA COMMUNICATIONS CENTER $15,973.00 Search Name DAKOTA COUNTY G 15 -1215 2014 JPA PUMP MAINT. PROGRAM $178.20 Search Name DAKOTA COUNTY $178.20 Search Name DAKOTA COUNTY FINANCIAL SERVIC E 01- 4223 - 020 -20 RMS MAINTENANCE & DIN SUPPORT Police $14,216.00 E 01- 4220- 040 -40 2013 PERMIT SUPPORT Code Enforcement /Insp $2,118.74 Search Name DAKOTA COUNTY FINANCIAL SERVIC $16,334.74 Search Name DELTA DENTAL E 05- 4131 - 105 -15 NOV 2013 DENTAL PREMIUM Engineering Enterprise $81.00 G 01 -2071 NOV 2013 DENTAL PREMIUM - $81.00 E 01- 4131 - 110 -10 NOV 2013 DENTAL PREMIUM Administration $146.25 E 01- 4131 - 020 -20 NOV 2013 DENTAL PREMIUM Police $650.25 E 01- 4131 - 050 -50 NOV 2013 DENTAL PREMIUM Road & Bridges $333.00 E 01- 4131 - 070 -70 NOV 2013 DENTAL PREMIUM Parks & Recreation $186.75 G 01 -2074 NOV 2013 DENTAL PREMIUM $162.00 G 01 -2071 NOV 2013 DENTAL PREMIUM $1,374.75 E 15- 4131 - 060 -60 NOV 2013 DENTAL PREMIUM Utility Enterprise $211.50 E 08- 4131 - 000 -00 NOV 2013 DENTAL PREMIUM Spec Fds $40.50 Search Name DELTA DENTAL $3,105.00 Search Name DONOVAN, SUSAN E 01- 4300 - 110 -10 OFFICE SUPPLIES - ADMIN Administration $55.91 E 01- 4301 - 020 -20 COMP. EQUIPMENT - PD Police $51.39 Search Name DONOVAN, SUSAN $107.30 Search Name EHLERS, KATHY & CHUCK E 76- 4460 - 783 -00 DIANE RD REHAB PROJECT Spec Fds $106.38 Search Name EHLERS, KATHY & CHUCK $106.38 Search Name EMERGENCY AUTOMOTIVE TECHNOLOG E 01- 4330 - 440 -20 EQUIPMENT INSTALL - PD Police $927.39 Search Name EMERGENCY AUTOMOTIVE TECHNOLOG $927.39 Search Name FLAGSHIP RECREATION E 01- 4330 - 215 -70 PLAYGROUND PARTS Parks & Recreation $705.70 E 10- 4620 - 000 -00 PLAYGROUND PAINTING - MENDAKOTA Spec Fds $2,750.00 Search Name FLAGSHIP RECREATION $3,455.70 Search Name FLEET SERVICES E 01- 4200 - 610 -20 SEPT 2013 SQUAD LEASES Police $4,453.80 Search Name FLEET SERVICES $4,453.80 Search Name G &K SERVICES E 15- 4335 - 310 -60 E 01- 4335 - 310 -70 MAT SERVICE - PW GARAGE MAT SERVICE - PW GARAGE Utility Enterprise Parks & Recreation $36.40 $36.40 Account E 01-4335-310 -50 E 15- 4335 - 310 -60 E 01- 4335 - 310 -70 E 01- 4335 - 310 -50 Search Name G &K SERVICES CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 11/05/13 PAY Comments MAT SERVICE - PW GARAGE MAT SERVICE - PW GARAGE MAT SERVICE - PW GARAGE MAT SERVICE - PW GARAGE Search Name GARTZKE CONSTRUCTION INC E 29-4337- 000 -00 STORM SEWER WORK E 27- 4460 - 000 -00 STORM SEWER WORK Search Name GARTZKE CONSTRUCTION INC Search Name GENERATIONS CUSTOM CABINETS E 01- 4331 - 020 -20 PD REMODEL - BALANCE Search Name GENERATIONS CUSTOM CABINETS Search Name GERTENS GREENHOUSE E 27 -4460- 774 -00 HUNTER /ORCHARD PROJECT E 27- 4460 - 774 -00 HUNTER /ORCHARD PROJECT E 27 -4460- 774 -00 HUNTER /ORCHARD PROJECT E 27- 4460 - 774 -00 HUNTER /ORCHARD PROJECT E 27- 4460 - 774 -00 HUNTER /ORCHARD PROJECT Search Name GERTENS GREENHOUSE Search Name GRAYBAR ELECTRIC E 28- 4330 - 000 -00 E 08- 4335 - 000 -00 Search Name GRAYBAR ELECTRIC Search Name HANCO CORPORATION E 45- 4330 - 490 -45 E 01- 4330 - 490 -50 E 01- 4330 - 490 -70 E 01- 4330 - 490 -50 E 01- 4330 - 490 -70 E 15- 4330 - 490 -60 Search Name HANCO CORPORATION STREET LIGHTING SUPPLIES BLDG MAINT. SUPPLIES - CITY HALL EQUIPMENT REPAIR PARTS - SHOP EQUIPMENT REPAIR PARTS - STREETS EQUIPMENT REPAIR PARTS - PARKS EQUIPMENT REPAIR PARTS - SHOP EQUIPMENT REPAIR PARTS - SHOP EQUIPMENT REPAIR PARTS - SHOP Search Name HEALTHEAST TRANSPORTATION E 01- 4305-020 -20 BLOOD ALCOHOL DRAW Search Name HEALTHEAST TRANSPORTATION Search Name HOME DEPOT CREDIT SERVICES E 01- 4305 - 070 -70 OPERATING SUPPLIES - PARKS E 01- 4330 - 215 -70 PARK MAINT. SUPPLIES E 13 -4490- 000 -00 CITY PROPERTY @ 2454 LEMAY LK RD E 01- 4305 - 070 -70 OPERATING SUPPLIES - PARKS E 01- 4305 - 050 -50 OPERATING SUPPLIES - STREETS E 01- 4305 - 030 -30 OPERATING SUPPLIES - FIRE DEPT E 01- 4305 - 070 -70 OPERATING SUPPLIES - PARKS Search Name HOME DEPOT CREDIT SERVICES Search Name HOSE INC E 01- 4330 - 490 -70 Search Name HOSE INC EQUIPMENT REPAIR PARTS - PARKS DEPT Descr Road & Bridges Utility Enterprise Parks & Recreation Road & Bridges Spec Fds Spec Fds Police Spec Fds Spec Fds Spec Fds Spec Fds Spec Fds Spec Fds Spec Fds Golf Course Road & Bridges Parks & Recreation Road & Bridges Parks & Recreation Utility Enterprise Police Parks & Recreation Parks & Recreation Spec Fds Parks & Recreation Road & Bridges Fire Parks & Recreation Parks & Recreation page 76 10/31/13 11:33 AM Page 4 Amount $36.40 $36.40 $36.40 $36.40 $218.40 $500.50 $2,489.50 $2,990.00 $4,389.12 $4,389.12 $106.61 $90.58 $72.46 $106.61 $106.61 $482.87 $862.03 $18.53 $880.56 $29.12 $199.42 $291.13 $26.48 $26.47 $26.47 $599.09 $85.00 $85.00 $66.57 $53.83 $104.33 $218.80 $37.76 $107.93 $157.18 $746.40 $366.24 $366.24 Account CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 11/05/13 PAY Comments DEPT Descr page 77 10/31/13 11:33 AM Page 5 Amount Search Name HUEBSCH E 08- 4335 - 000 -00 Search Name HUEBSCH Search Name IA F C MAT SERVICE - CITY HALL Spec Fds E 01- 4404 - 030 -30 MEMBERSHIP - J. MACZKO Search Name I A F C Search Name INDEPENDENT BLACK DIRT CO E 29- 4337 - 000 -00 STORM SEWER MATERIALS E 29- 4337 - 000 -00 STORM SEWER MATERIALS E 29- 4337 - 000 -00 STORM SEWER MATERIALS Search Name INDEPENDENT BLACK DIRT CO Search Name INNOVATION WIRELESS G 01 -2035 EMERGENCY MGMT EQUIPMENT -USE TAX E 07- 4400 - 000 -00 EMERGENCY MGMT EQUIPMENT G 01-2035 EMERGENCY MGMT EQUIPMENT - USE TAX E 07 -4400- 000 -00 EMERGENCY MGMT EQUIPMENT Search Name INNOVATION WIRELESS Search Name INTEGRA TELECOM E 15- 4210 - 060 -60 E 01- 4210 - 110 -10 E 01- 4210 - 020 -20 E 01- 4210 - 040 -40 E 05- 4210 - 105 -15 E 01- 4210 - 020 -20 E 01- 4210 - 050 -50 E 01- 4210 - 070 -70 Search Name INTEGRA TELECOM Search Name INTERNATIONAL OFFICE TECHNLGY E 01- 4300 - 110 -10 TONER - FINANCE E 15- 4300 - 060 -60 TONER - UB Search Name INTERNATIONAL OFFICE TECHNLGY Search Name INTERSTATE BATTERY SYSTEM E 01- 4330 - 440 -20 BATTERY - PD Search Name INTERSTATE BATTERY SYSTEM OCT -NOV 2013 TELEPHONE SERVICE OCT -NOV 2013 TELEPHONE SERVICE OCT -NOV 2013 TELEPHONE SERVICE OCT -NOV 2013 TELEPHONE SERVICE OCT -NOV 2013 TELEPHONE SERVICE OCT -NOV 2013 TELEPHONE SERVICE OCT -NOV 2013 TELEPHONE SERVICE OCT -NOV 2013 TELEPHONE SERVICE Search Name INVER GROVE FORD E 01- 4330 - 490 -50 E 01- 4330 - 490 -70 Search Name INVER GROVE FORD EQUIPMENT REPAIR PARTS EQUIPMENT REPAIR PARTS Search Name JOHN A. DALSIN & SON, INC. R 01 -3250 OVERPAYMENT REFUND R 01 -3315 OVERPAYMENT REFUND Search Name JOHN A. DALSIN & SON, INC. Search Name JRK SEED & TURF SUPPLY E 01- 4330 - 215 -70 E 01- 4500 - 050 -50 SEED MIX PARKS TREE REMOVAL REPAIRS Fire Spec Fds Spec Fds Spec Fds Spec Fds Spec Fds Utility Enterprise Administration Police Code Enforcement /Insp Engineering Enterprise Police Road & Bridges Parks & Recreation Administration Utility Enterprise Police Road & Bridges Parks & Recreation Parks & Recreation Road & Bridges $184.50 $184.50 $234.00 $234.00 $89.78 $89.78 $89.78 $269.34 - $166.35 $2,643.77 - $170.07 $2,585.99 $4,893.34 $266.06 $357.29 $285.83 $71.46 $178.64 $135.91 $45.30 $45.30 $1,385.79 $116.49 $116.49 $232.98 $116.44 $116.44 $83.78 $83.78 $167.56 $844.84 $34.37 $879.21 $203.01 $153.90 CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 11/05/13 PAY page 78 10/31/13 11:33 AM Page 6 Account Comments DEPT Descr Amount E 29- 4337 - 000 -00 STORM SEWER REPAIRS Spec Fds $153.90 Search Name JRK SEED & TURF SUPPLY $510.81 Search Name KEEPRS, INC E 01 -4410- 020 -20 UNIFORMS - J. LARRIVE Police $177.58 Search Name KEEPRS, INC $177.58 Search Name KILBURG, JIM E 01- 4335 - 315 -30 BLDG REPAIRS - FIRE HALL Fire $300.00 Search Name KILBURG, JIM $300.00 Search Name L E L S G 01 -2075 NOV 2013 UNION DUE $585.00 Search Name L E L S $585.00 Search Name LANDSCAPE STRUCTURES INC E 10- 4620 - 000 -00 PLAYGROUND @ MENDAKOTA PARK Spec Fds $70,541.15 Search Name LANDSCAPE STRUCTURES INC $70,541.15 Search Name LEAGUE MN CITIES E 29- 4404 - 000 -00 MN CITIES SW COALITION CONTRIBUTION Spec Fds $760.00 Search Name LEAGUE MN CITIES $760.00 Search Name LEITNER CO E 45- 4334 - 045 -45 SAND /SOIL - PAR 3 Golf Course $406.13 Search Name LEITNER CO $406.13 Search Name LEXISNEXIS E 01- 4223- 020 -20 SEPT 2013 SERVICE Police $50.00 Search Name LEXISNEXIS $50.00 Search Name USA LYNN CONSULTING E 01- 4400 - 020 -20 COACHING - PD Police $175.00 Search Name USA LYNN CONSULTING $175.00 Search Name LOGIS E 01- 4223 - 020 -20 APPLICATION SUPPORT - PD Police $2,169.00 E 01- 4301 - 030 -30 APPLICATION SUPPORT - FIRE DEPT Fire $54.00 Search Name LOGIS $2,223.00 Search Name LOWES BUSINESS ACCOUNT E 01- 4420- 050 -50 SIGN SUPPLIES Road & Bridges $170.52 Search Name LOWES BUSINESS ACCOUNT $170.52 Search Name M T I DISTRIBUTING COMPANY E 45- 4334 - 045 -45 WINTERIZE IRRIGATION - PAR3 Golf Course $682.93 Search Name M T I DISTRIBUTING COMPANY $682.93 Search Name MACZKO, JOHN E 01- 4330 - 460 -30 EQUIPMENT REPAIR PARTS - FIRE DEPT Fire $69.61 Search Name MACZKO, JOHN $69.61 Search Name MENARDS E 01- 4330 - 215 -70 PARK MAINT. MATERIALS Parks & Recreation $46.96 E 15- 4305 - 060 -60 OPERATING SUPPLIES - SHOP Utility Enterprise $31.97 E 01- 4305 - 070 -70 OPERATING SUPPLIES - SHOP Parks & Recreation $3L97 Account E 01- 4305 - 050 -50 E 01- 4305 - 050 -50 E 08- 4335 - 000 -00 E 05- 4305 - 105 -15 Search Name MENARDS Search Name MENDOTA E 19- 4460 - 000 -00 E 19 -4460- 000 -00 Search Name MENDOTA Search Name MENDOTA, R 15 -3400 Search Name MENDOTA, CITY OF CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 11/05/13 PAY Comments OPERATING SUPPLIES - SHOP OPERATING SUPPLIES - STREETS CLEANING SUPPLIES -CITY HALL OPERATING SUPPLIES - ENGINEERING DEPT Descr Road & Bridges Road & Bridges Spec Fds Engineering Enterprise HEIGHTS, CITY OF STREET ASSESSMENT Spec Fds STREET ASSESSMENT Spec Fds HEIGHTS, CITY OF CITY OF Search Name METRO SALES E 01- 4330 - 490 -50 E 01- 4330 - 490 -70 E 15- 4330 - 490 -60 Search Name METRO SALES E 24- 4620 - 000 -00 E 15- 4620 - 060 -60 3RD QTR SEWER - ST. PETER QUARTERLY COPIER MAINTENANCE - PW QUARTERLY COPIER MAINTENANCE - PW QUARTERLY COPIER MAINTENANCE - PW INSTALL GENERATOR @ PW INSTALL GENERATOR @ PW Search Name MID NORTHERN ELECTRIC Search Name MINNESOTA SHERIFFS ASSOC E 01- 4400 - 020 -20 TRAINING - T. MILLER Search Name MINNESOTA SHERIFFS ASSOC Search Name MINNESOTA WISCONSIN PLAYGROUND E 10- 4620 - 000 -00 PLAYGROUND SURFACE Search Name MINNESOTA WISCONSIN PLAYGROUND Road & Bridges Parks & Recreation Utility Enterprise Spec Fds Utility Enterprise Police Spec Fds Search Name MITCHELL1 E 01- 4301 - 030 -30 NOV 2013 SERVICE Are Search Name MITCHELL1 Search Name MN ST ADMIN E 01- 4220 - 133 -10 E 01- 4223 - 020 -20 E 01- 4220 - 133 -10 E 01- 4223 - 020 -20 Search Name MN ST ADMIN ITG TELECOM SRVCE SEPT 2013 WAN SERVICE SEPT 2013 WAN SERVICE AUG 2013 WAN SERVICE AUG 2013 WAN SERVICE ITG TELECOM SRVCE Search Name MNPEA G 01 -2075 NOV 2013 UNION DUES Search Name MNPEA Search Name NCPERS GROUP LIFE INS. G 01 -2071 NOV 2013 PREMIUM Search Name NCPERS GROUP LIFE INS. Search Name NIEBUR TRACTOR & EQUIPMENT INC E 01- 4330 - 490 -70 EOUIPMENT REPAIR PARTS - PARKS Administration Police Administration Police Parks & Recreation page 79 10/31/13 11:33 AM Page 7 Amount $31.98 $158.93 $39.64 $29.98 $371.43 $3,332.36 $3,332.36 $6,664.72 $594.30 $594.30 $23.93 $23.93 $23.93 $71.79 $1,171.34 $585.66 $1,757.00 $120.00 $120.00 $9,816.63 $9,816.63 $158.13 $158.13 $148.00 $125.81 $148.00 $125.81 $547.62 $117.00 $117.00 $96.00 $96.00 $348.31 CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS Account Comments Search Name NIEBUR TRACTOR & EQUIPMENT INC DEPT Descr page 80 10/31/13 11:33 AM Page 8 Amount Search Name NITTI SANITATION INC E 45- 4280- 045 -45 ON CALL SERVICE - PAR 3 Search Name NITTI SANITATION INC Search Name NORTH STAR PUMP SERVICE E 15- 4330 - 490 -60 INSPECTION & MAINTENANCE - PUMPS Search Name NORTH STAR PUMP SERVICE Search Name NORTHDALE CONST CO E 27 -4460- 774 -00 HUNTER /ORCHARD PROJECT Search Name NORTHDALE CONST CO Search Name NORTHWEST FILTER SUPPLY, INC. E 01- 4330 - 490 -70 EQUIPMENT REPAIR PARTS - PARKS Search Name NORTHWEST FILTER SUPPLY, INC. Search Name OFFICE DEPOT E 01- 4300 - 110 -10 E 01- 4300 - 030 -30 E 01- 4300 - 110 -10 E 01- 4300 - 030 -30 E 01- 4300 - 030 -30 E 01- 4300 - 020 -20 E 05- 4300 - 105 -15 E 01- 4300 - 030 -30 E 01- 4300 - 020 -20 Search Name OFFICE DEPOT OFFICE SUPPLIES - ADMIN OFFICE SUPPLIES - FIRE DEPT OFFICE SUPPLIES - ADMIN OFFICE SUPPLIES - FIRE DEPT OFFICE SUPPLIES - FIRE DEPT OFFICE SUPPLIES - PD OFFICE SUPPLIES - ENGINEERING OFFICE SUPPLIES - FIRE DEPT OFFICE SUPPLIES - PD Search Name OREILLY AUTO /FIRST CALL E 01- 4305 - 050 -50 OPERATING SUPPLIES - STREETS Search Name OREILLY AUTO /FIRST CALL Search Name PAC E 13 -4490- 000 -00 Search Name PAC Search Name PENDERGRASS, LAURA R 01 -3306 Search Name PENDERGRASS, LAURA Search Name PENTEL, REBECCA E 01- 4130 - 021 -20 E 01- 4130 - 021 -20 E 01- 4305 - 020 -20 Search Name PENTEL, REBECCA Search Name PHYSIO CONTROL (MEDTRONIC) E 08- 4335 - 000 -00 AED - CITY HALL Search Name PHYSIO CONTROL (MEDTRONIC) CLEAN -UP @ 2454 LEMAY LAKE RD REFUND - PARK PERMIT TEMP HELP - CIT. ACADEMY TEMP HELP - PD SUPPLIES - CIT. ACADEMY Search Name RADCO E 05- 4620- 105 -15 Search Name RADCO EQUIPMENT - NEW TRUCK Golf Course Utility Enterprise Spec Fds Parks & Recreation Administration Fire Administration Fire Fire Police Engineering Enterprise Fire Police Road & Bridges Spec Fds Police Police Police Spec Fds Engineering Enterprise $348.31 $18.00 $18.00 $1,802.10 $1,802.10 $311,026.72 $311,026.72 $10.11 $10.11 $17.48 $304.73 $67.37 $7.70 $42.29 $20.94 $42.73 $100.44 $37.07 $640.75 $29.90 $29.90 $14,100.00 $14,100.00 $25.00 $25.00 $520.00 $40.00 $71.23 $631.23 $188.02 $188.02 $62.29 $62.29 CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 11/05/13 PAY Account Comments Search Name RIGID HITCH INCORPORATED E 01- 4330 - 490 -50 EQUIPMENT REPAIR PARTS - STREETS E 01- 4330 - 490 -50 EQUIPMENT REPAIR PARTS - STREETS E 01- 4330 - 490 -70 EQUIPMENT REPAIR PARTS - PARKS Search Name RIGID HITCH INCORPORATED Search Name RUPP, ANDERSON, SQUIRES & WALD E 01- 4481 - 110 -10 AUG 2013 LEGAL SERVICES E 01 -4481- 110 -10 SEP 2013 LEGAL SERVICES Search Name RUPP, ANDERSON, SQUIRES & WALD Search Name SELECT ACCOUNT E 01- 4220- 080 -80 E 15- 4220- 060 -60 E 01- 4220- 070 -70 E 01- 4220 - 050 -50 E 01- 4220- 040 -40 E 01 -4220- 020 -20 E 01- 4220 - 110 -10 E 05- 4220 - 105 -15 Search Name SELECT ACCOUNT OCT 2013 HSA PARTICIPANT FEE OCT 2013 HSA PARTICIPANT FEE OCT 2013 HSA PARTICIPANT FEE OCT 2013 HSA PARTICIPANT FEE OCT 2013 HSA PARTICIPANT FEE OCT 2013 HSA PARTICIPANT FEE OCT 2013 HSA PARTICIPANT FEE OCT 2013 HSA PARTICIPANT FEE Search Name SEVEN CORNERS ACE HDWE E 01- 4330 - 490 -50 EQUIPMENT SUPPLIES - SHOP E 01- 4330 - 490 -70 EQUIPMENT SUPPLIES - SHOP E 15- 4330 - 490 -60 EQUIPMENT SUPPLIES - SHOP Search Name SEVEN CORNERS ACE HDWE Search Name SPRINT E 01- 4210 - 110 -10 E 15- 4210 - 060 -60 E 01- 4223- 020 -20 E 01- 4210 - 020 -20 E 45- 4210- 045 -45 E 01- 4210- 030 -30 E 05- 4210- 105 -15 Search Name SPRINT Search Name SPRWS E 01 -4425- 070 -70 E 01- 4425 - 315 -30 E 08 -4425- 000 -00 E 01- 4425 - 070 -70 E 01 -4425- 070 -70 E 15- 4425 - 310 -60 E 01 -4425- 310 -70 E 01 -4425- 310 -50 E 01- 4425 - 070 -70 Search Name SPRWS OCT 2013 CELL SERVICE OCT 2013 CELL SERVICE OCT 2013 CELL SERVICE OCT 2013 CELL SERVICE OCT 2013 CELL SERVICE OCT 2013 CELL SERVICE OCT 2013 CELL SERVICE OCT 2013 SERVICE - PARKS SEP 2013 SERVICE - FIRE HALL SEP 2013 SERVICE - CITY HALL SEP 2013 SERVICE - PARKS SEP 2013 SERVICE - PARKS SEP 2013 SERVICE - PW SEP 2013 SERVICE - PW SEP 2013 SERVICE - PW OCT 2013 SERVICE - PARKS Search Name SRF CONSULTING GROUP, INC E 22- 4220 - 786 -00 DODD RD/TH 110 PROJECT Search Name SRF CONSULTING GROUP, INC DEPT Descr page 81 10/31/13 11:33 AM Page 9 Amount Road & Bridges Road & Bridges Parks & Recreation Administration Administration Planning Utility Enterprise Parks & Recreation Road & Bridges Code Enforcement/Insp Police Administration Engineering Enterprise Road & Bridges Parks & Recreation Utility Enterprise Administration Utility Enterprise Police Police Golf Course Fire Engineering Enterprise Parks & Recreation Fire Spec Fds Parks & Recreation Parks & Recreation Utility Enterprise Parks & Recreation Road & Bridges Parks & Recreation Spec Fds $173.11 $72.65 $291.69 $537.45 $13,720.44 $10,230.85 $23,951.29 $1.83 $1.83 $1.00 $1.00 $1.83 $13.15 $8.49 $2.83 $31.96 $14.22 $14.21 $14.21 $42.64 $159.42 $56.30 $319.92 $970.10 $78.21 $56.30 $179.29 $1,819.54 $96.27 $387.74 $968.09 $1,622.96 $2,199.72 $36.16 $36.17 $36.17 $759.41 $6,142.69 $495.27 $495.27 Account CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 11/05/13 PAY Comments DEPT Descr Search Name ST. PAUL, C1TY OF E 27- 4460 - 787 -00 E 01 -4422- 050 -50 Search Name ST. PAUL, C1TY OF Search Name STAR TRIBUNE G 15 -1215 G 01 -1215 Search Name STAR TRIBUNE Search Name STRAIGHT -UP INC E 01 -4435- 200 -70 Search Name STRAIGHT -UP INC Search Name SUN LIFE E 01- 4131 - 070 -70 G 01 -2071 E 15- 4131 - 060 -60 E 01- 4131 - 020 -20 E 01- 4131 - 110 -10 E 01- 4131 - 050 -50 E 08- 4131 - 000 -00 E 05- 4131 - 105 -15 Search Name SUN LIFE Search Name T 81.T DISPOSAL E 01 -4403- 030 -30 Search Name T 81.T DISPOSAL Search Name T MOBILE E 01- 4210 - 070 -70 Search Name T MOBILE Search Name TIRE DISTRIBUTION E 01- 4330 - 490 -50 E 01- 4330 - 490 -50 Search Name TIRE DISTRIBUTION CROWN PT /OVERLOOK PROJECT ASPHALT MIX 52 WEEK SUBSCRIPTION 52 WEEK SUBSCRIPTION TENNIS SHIRTS NOV 2013 TERM LIFE & ST DISB. PREMIUM NOV 2013 TERM LIFE & ST DISB. PREMIUM NOV 2013 TERM LIFE & ST DISB. PREMIUM NOV 2013 TERM LIFE & ST DISB. PREMIUM NOV 2013 TERM LIFE & ST DISB. PREMIUM NOV 2013 TERM LIFE & ST DISB. PREMIUM NOV 2013 TERM LIFE & ST DISB. PREMIUM NOV 2013 TERM LIFE & ST DISB. PREMIUM SERVICE - FIRE PREVENTION SEPT 2013 CELL SERVICE SYSTEMS, INC TIRES - STREETS TIRES - STREETS SYSTEMS, INC Search Name TRACTOR SUPPLY E 15- 4305 - 060 -60 OPERATING SUPPLIES - SEWER Search Name TRACTOR SUPPLY Search Name TRIANGLE RUBBISH & RECYCLING E 01- 4280- 315 -30 SEPT 2013 SERVICE Search Name TRIANGLE RUBBISH & RECYCLING Search Name U. S. BANK E 01- 4305 - 024 -20 E 29 -4490- 000 -00 E 45- 4305 - 045 -45 E 01- 4305 - 024 -20 E 01- 4305 - 024 -20 E 01- 4305 - 024 -20 E 05- 4305 - 105 -15 TRAINING - PD RESERVES STORM SEWER PERMIT - MPCA OPERATING SUPPLIES - PAR3 TRAINING - PD RESERVES TRAINING - PD RESERVES TRAINING - PD RESERVES ENGINEERING SUPPLIES Spec Fds Road & Bridges Parks & Recreation Parks & Recreation Utility Enterprise Police Administration Road & Bridges Spec Fds Engineering Enterprise Fire Parks & Recreation Road & Bridges Road & Bridges Utility Enterprise Fire Police Spec Fds Golf Course Police Police Police Engineering Enterprise page 82 10/31/13 11:33 AM Page 10 Amount $309.41 $2,778.37 $3,087.78 $52.86 $105.74 $158.60 $1,050.46 $1,050.46 $181.95 $1,368.45 $74.94 $47L49 $263.63 $216.70 $80.35 $45.49 $2,703.00 $275.00 $275.00 $188.03 $188.03 $1,896.22 $1,210.85 $3,107.07 $43.43 $43.43 $53.10 $53.10 $60.00 $400.00 $213.35 $60.00 $60.00 $60.00 $31.87 CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 11/05/13 PAY page 83 10/31/13 11:33 AM Page 11 Account Comments DEPT Descr Amount E 01 -4318- 030 -30 POSTAGE SUPPLIES - FIRE DEPT Fire $66.00 E 01 -4305- 024 -20 TRAINING - PD RESERVES Police $60.00 E 05- 4305 - 105 -15 ENGINEERING SUPPLIES Engineering Enterprise $84.58 E 05- 4305 - 105 -15 ENGINEERING SUPPLIES Engineering Enterprise $70.23 E 07 -4400- 000 -00 TRAINING - PD Spec Fds $390.00 E 01- 4400 - 020 -20 TRAVEL EXPENSE - CH. WILLSON Police $42.34 E 01 -4400- 020 -20 TRAVEL EXPENSE - CH. WILLSON Police $49.19 E 01 -4400- 020 -20 TRAVEL EXPENSE - CH. WILLSON Police $533.12 E 01- 4400 - 020 -20 TRAVEL EXPENSE - CH. WILLSON Police $48.46 E 01- 4305 - 024 -20 TRAINING - PD RESERVES Police $60.00 Search Name U. S. BANK $2,289.14 Search Name URBAN COMPANIES, LLC E 22- 4460 - 786 -00 DODD RD/11-1110 PROJECT Search Name URBAN COMPANIES, LLC Spec Fds $122,562.92 $122,562.92 Search Name WINFIELD SOLUTIONS, LLC E 45- 4334 - 045 -45 CHEMICALS - PAR3 Golf Course $395.76 Search Name WINFIELD SOLUTIONS, LLC $395.76 Search Name ZIEGLER INC E 01 -4330- 490 -50 EQUIPMENT REPAIR PARTS - STREETS Road & Bridges E 01- 4330 - 490 -50 EQUIPMENT REPAIR PARTS - STREETS Road & Bridges Search Name ZIEGLER INC $89.78 $178.82 $268.60 $687,962.78 page 84 5q. 2013 Licensing List for City Council Type Contractor Name Excavating Gas Piping General HVAC Masonry Miller Trucking & Landscape Supply T & J Concrete & Masonry, Inc Egan Company Swift Mechanical, Inc C & C Sales, Inc Cottonwood Construction, Inc J.E. Dunn Construction Company Mallery Pool Construction Ultimate Construction Services DLS Services, LLC Egan Company Peine Plumbing & Heating, Inc Total Comfort Pro -Crete Concrete & Masonry, LLC Wednesday, October 30, 2013 Page 1 of 1 Mayor, City Council and City Administrator Building .Activity Report October 2013 0 Lii W 0 O � CO YEAR TO DATE- Oct 2011 r, u U 69 69 0 0 N LO 69 0 0 0 69 N N O M)0 NM Q O t- m = m 3 0 0 0 Fee Collected 0 O 69 CO M 0 0 J 0 N � N a U U YEAR TO DATE- Oct 2012 0 0 0 U 0 0 LL 0 0 M N c� 69 0 0 0 M 49 0 0 69 69 0 0 m a 69 0 49 1�M• ON LO rM- M Z Fee Collected 0 0 00 c 69 CO M Z CO 0 0 J N a 0 U YEAR TO DATE - Oct 2013 0 6) 0 0 0 0) LL 63 00 30 N 0 3- f9 N 00 a 64 69 69 69 H3 0) N N N 0 0 F E a C E 0. 0 I 0 i 0 5- .0 YEAR TO DATE - Oct 2013 Fee Collected 00 O co )f) L6 69 69 M O M Z N 0 N y b � JUJ CURRENT MONTH -Oct 2013 0 0 0 0 a0i 0 c0 69 69 0) F9 0) 69 0 m E9 V3 69 69 3, O N 0) a F .rl m a 0) C a E d 0) 0 CURRENT MONTH -Oct 2013 0 0 0 O 33 N N O N C R N .8-F; 1 0) O n O 0) 69. O O O N fC 63 1,2461 $ 32,996,526.00 1 $ 342,692.73 J O F 1041 $ 2,140,544.00 1 $ 24,188.83 1 TOTAL 1 1,2931 $ 19,508,835.00 1 $ 271,227.82 �E T O 0 O) 0 3 0 0 0 N C E 0 0 0 co_ yj 0' a 0 a) N 0 C N O O E ?T1 $ 58,542.76 $ 148,468.39 C O 0 O $ 5,703,953.00 $ 17,561,120.00 YEA No. 0 000) m ON - N m EA maccal- 0 LL L m N .0 0 0 a N ) 0 f". 0 0d) v o N O U 0 0 N L). r Om $ 93,196.27 $ 161,798.52 $ 279,801.73 O N 0 U O a W I- a> ❑ 0 F- 0 o 0 Oo t M 69 $ 7,332,065.00 $ 22,560,461.00 $ 32,996,526.00 CG Q Z ao000Nm .1.0.‘-C CI C.a. 0 0)Od matn¢F 0 co O L O F O O.V-'— -0 O F U 0 .a00) 113 rFee Collected $ 11,176.11 $ - $ - $ - $ 106,413.55 $ 96,205.57 $ 213,795.23 TO DATE - Oct 2( $ 1,059,000.00 $ - $ - $ 5,885,673.00 $ 12,564,162.00 $ 19,508,835.00 CC } Z M O O O N- O 00 .Q .. C11 0) U _co FO- U OLLd O O.y_ 7 2013 Fee Collected $ - $ - $ $ 13,946.46 $ 8,527.37 $ 22,473.83 ENT MONTH -Oct Valuation $ I$ $ 679,355.00 $ 1,461,189.00 $ 2,140,544.00 Ce 0000,-0. m Q O V z U) N 13 c [ L o 0 f .0 O LL d 0 0 N C 0 mmo CF -UtUU) YEAR TO DATE- Oct 2011 r, u U 69 69 0 0 N LO 69 0 0 0 69 N N O M)0 NM Q O t- m = m 3 0 0 0 Fee Collected 0 O 69 CO M 0 0 J 0 N � N a U U YEAR TO DATE- Oct 2012 0 0 0 U 0 0 LL 0 0 M N c� 69 0 0 0 M 49 0 0 69 69 0 0 m a 69 0 49 1�M• ON LO rM- M Z Fee Collected 0 0 00 c 69 CO M Z CO 0 0 J N a 0 U YEAR TO DATE - Oct 2013 0 6) 0 0 0 0) LL 63 00 30 N 0 3- f9 N 00 a 64 69 69 69 H3 0) N N N 0 0 F E a C E 0. 0 I 0 i 0 5- .0 YEAR TO DATE - Oct 2013 Fee Collected 00 O co )f) L6 69 69 M O M Z N 0 N y b � JUJ CURRENT MONTH -Oct 2013 0 0 0 0 a0i 0 c0 69 69 0) F9 0) 69 0 m E9 V3 69 69 3, O N 0) a F .rl m a 0) C a E d 0) 0 CURRENT MONTH -Oct 2013 0 0 0 O 33 N N O N C R N .8-F; 1 0) O n O 0) 69. O O O N fC 63 1,2461 $ 32,996,526.00 1 $ 342,692.73 J O F 1041 $ 2,140,544.00 1 $ 24,188.83 1 TOTAL 1 1,2931 $ 19,508,835.00 1 $ 271,227.82 �E T O 0 O) 0 3 0 0 0 N C E 0 0 0 co_ yj 0' a 0 a) N 0 C N O O E ?T1 page 86 7a. 1101 Victoria Curve 1 Mendota Heights P 651.452.1850 phone 1 651.452.8940 fa www.mendota-heights.com CITY OF MENDOTA HEIGHTS DATE: November 5, 2013 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, PE, Assistant City Engineer SUBJECT: Public Hearing for Victoria Road & Rolling Green Neighborhood Improvements BACKGROUND The preparation of a feasibility report for the Victoria Road & Rolling Green Neighborhood Improvements which is required to follow the Minnesota Statutes Chapter 429 process was authorized by the Mendota Heights City Council by adopting Resolution 2013 -37 at the city council meeting held on June 4, 2013. The Statute 429 process is required because the city council intends to assess a portion of the project. The feasibility report for Victoria Road & Rolling Green Neighborhood Improvements was accepted by the Mendota Heights City Council and called for a Public Hearing on November 5, 2013 by adopting Resolution 2013 -53 at the September 17, 2013, city council meeting. The recommendation of the feasibility report was to proceed with this project. This project includes reconstructing the rural sections of Victoria Road from Lexington Avenue to Caren Road and rehabilitating Walsh Lane from Marie Avenue to 150' south of Stratford Road, Stratford Road, Oxford Court, Windwood Court, Rolling Green Curve, and Coventry Court. Street Reconstruction — Victoria Road The existing rural street section for Victoria Road graded in 1952. The roadway width currently varies from 26 feet to 30 feet measured from edge of roadway to edge of roadway. The original pavement section consisted of a 2" bituminous surface over a 6" aggregate base. Dakota County placed a 2" bituminous overlay in 1983 and 1.5" bituminous overlay in 2000. In 2003, Victoria Road was turned back from Dakota County to the City of Mendota Heights. Concrete curbs and gutters and continuous storm sewers were never installed. The pavement condition varies along Victoria Road. Victoria Road is in relatively poor condition, and appears to be near the end of its useful life while the cost to maintain and repair the roadway is steadily increasing. Overlaying or seal coating the pavement is no longer feasible. Victoria Road requires a 9 -ton street design meeting MDOT's Municipal State Aid (MSA) standards. For a 20 -year design life, the soils report recommends a street section consisting of a minimum 5" bituminous pavement surface over a 10" aggregate base. The horizontal alignment of Victoria Road will remain approximately the same from Lexington Avenue to 260' south of page 87 Stratford Road. The horizontal alignment of Victoria Road will shift to the East approximately 4' -6' from 260' south of Stratford Road to Caren Road. The proposed street widths varies from 28 feet to 34 feet wide from face of curb to face of curb, which is generally 0 feet to 6 feet wider than the existing streets due to the addition of parking, and concrete curb and gutter. Storm sewer improvements will consist of adding catch basins and storm sewer pipe and connecting to the existing storm sewer system. St. Paul Regional Water Services (SPRWS) has recommended replacing the existing water main and hydrants on Victoria Road. Street Rehabilitation — Walsh Lane, Stratford Road, Oxford Court, Windwood Court, Rolling Green Curve, and Coventry Court Walsh Lane, Stratford Road, Oxford Court, Windwood Court, and Rolling Green Curve were constructed in 1978. Concrete curbs and gutters were installed on these streets and the roadway widths are currently 33 feet measured from face of curb to face of curb. Storm sewer and sanitary sewer were also installed on these streets. The pavement section consists of a 2" bituminous surface over a 3.5" bituminous base. Stratford Road was extended to Victoria Road and Coventry Court was constructed in 1987. Concrete curbs and gutters were installed on these streets and the roadway widths are currently 33 feet measured from face of curb to face of curb. Storm sewer and sanitary sewer were also installed on these streets. The pavement section consists of a 3" bituminous surface over a 6" aggregate base. Proposed improvements for these streets will include the reclamation of the existing bituminous roadway and the placing of a 2.5" bituminous base course and a 1.5" bituminous wear course over the reclaimed pavement material, curb and gutter repair, and catch basin repair. Issues A Neighborhood Informational Meeting was held on October 23, 2013 to provide the property owners an opportunity to discuss the projects in an informal setting prior to the Public Hearing. There are 126 properties in the project area. Approximately forty -three (43) property owners representing thirty -three (33) properties attended the meeting regarding the proposed project. Staff presented the proposed improvements, project costs, estimated assessments and answered resident's questions. The property owners asked a variety of questions regarding assessments, proposed street widths, construction issues, traffic issues, and street drainage issues at the Neighborhood Informational Meeting. A summary of the questions asked at the Neighborhood Informational Meeting is enclosed with this memo. Overall, residents appeared to be in favor of the project but there were differing opinions on street width and curb type. 1. Some property owners along Victoria Road were assessed for being part of the Rolling Green plat and feel they should not be assessed for the full street costs on Victoria Road. The Victoria Highlands Townhomes feel there development is paying too much of their share for the project. a. Staff has compiled a historic list of assessments to properties proposed to be assessed. The past assessments calculated to 1980 dollars show past assessments varying from $2550 to 12,425. page 88 2. Residents were asked about project staging and unanimously opposed spreading the project over multiple years. The purpose of the Public Hearing is to determine if plans and specifications should be ordered. Details of the project and proposed financing will be presented to the public at the hearing. BUDGET IMPACT The total estimated cost of the project is $3,960,665.40. PROJECT COSTS ITEM CONSTRUCTION INDIRECT* TOTAL Street Reconstruction $1,757,473.25 $351,494.65 $2,108,967.90 Street Rehabilitation $481,649.25 $96,329.85 $577,979.10 Curb & Gutter Replacement $73,494.25 $14,698.85 $88,193.10 Trail Replacement $146,051.25 $29,210.25 $175,261.50 Storm Sewer $414,570.00 $82,914.00 $497,484.00 Water Main $427,316.50 $85,463.30 $512,779.80 Totals $3,300,554.50 $660,110.90 $3,960,665.40 * Includes 20% indirect costs for legal, engineering, administration, and finance. The Victoria Road & Rolling Green Neighborhood Improvements are proposed to be financed by special assessments, municipal bonds, and utility funds. Funding sources and amounts are shown below: FUNDING SOURCES ITEM COST ESTIMATE ASSESSMENT MUNICIPAL BONDS MSA FUNDS PARK FUNDS UTILITY FUNDS Street Reconstruction $2,108,967.90 $528,050.00 $1,080,917.90 $500,000.00 Street Rehabilitation $577,979.10 $257,950.00 $320,029.10 Curb & Gutter Replacement $88,193.10 $88,193.10 Trail Replacement $175,261.50 $175,261.50 Storm Sewer $497,484.00 $497,484.00 Water Main $512,779.80 $512,779.80 Totals $3,960,665.40 $786,000.00 $1,664,401.60 $500,000.00 $0.00 $1,010,263.80 Street improvement projects are proposed to be assessed to the benefiting property owners. Pursuant to the City's Street Rehabilitation and Reconstruction Policy adopted by the city council on June 16, 1992, the Victoria Road & Rolling Green Neighborhood Improvements are proposed to be assessed to the benefiting property owners as follows: • All units with a driveway located on Victoria Road will be assessed as a street reconstruction per the Street Rehabilitation and Reconstruction Policy. • All units with a driveway located on Walsh Lane, Stratford Road, Oxford Court, Windwood Court, Rolling Green Curve, and Coventry Court will be assessed as a street rehabilitation with pavement replacement per the Street Rehabilitation and Reconstruction Policy. o City costs include curb and gutter replacement, sod restoration, and appurtenant work. page 89 The following tables show the estimated unit assessments based on the City policy and proposed unit assessments that are being recommended by staff. ASSESSMENT CALCULATIONS - STREET RECONSTRUCTION Assessable Costs $2,108,967.90 Assessment $1,054,483.95 Assessable Units 59 Estimated Unit Assessment per City Policy $17,872.60 Proposed Unit Assessment 50% $1,054,483.40 50% $8,950.00 $528,050.00 25% The estimated unit assessments for this street reconstruction project are higher than a typical street reconstruction project due to the large lot sizes. Staff proposes to assess the benefiting properties $8,950 /unit in order to bring the assessment rate closer to previous and future reconstruction project costs. ASSESSMENT CALCULATIONS - STREET REHABILITATION Assessable Costs $577,979.10 Assessment $288,989.55 Assessable Units 67 Estimated Unit Assessment per City Policy $4,313.27 Proposed Unit Assessment $3,850.00 50% $288,989.09 50% $257,950.00 45% The estimated unit assessments for the street rehabilitation are higher than the rates that staff anticipates for future rehabilitation projects with pavement reclamation due to the anticipated sub -grade correction. Staff proposes to assess the benefiting properties $3,850 /unit in order to bring the rate closer to anticipated rehabilitation projects costs. RECOMMENDATION Staff will present various timelines on how the city may want to proceed with these projects. Options will include completing the entire project in 2014, delaying all or parts of the project to future years, or splitting the project into separate years. Staff recommends that the council conduct the Public Hearing and, if the council desires, order the improvements and authorize staff to prepare the plans and specifications for the reconstruction of whichever parts of Victoria Road and the rehabilitation of Walsh Lane, Stratford Road, Oxford Court, Windwood Court, Rolling Green Curve, and Coventry Court is preferred. The attached resolution is structured to order the improvements as contemplated in the feasibility study. If city council wishes move the project forward, council would need to pass a motion adopting A RESOLUTION ORDERING OF IMPROVEMENT PROJECT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE VICTORIA ROAD & ROLLING GREEN NEIGHBORHOOD IMPROVEMENTS (PROJECT #201308). If an alternative timeframe is desired, the resolution would need to be amended or staff could be directed to bring an amended resolution to a future council meeting. Either of these actions requires a four- fifths majority vote. page 90 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2013 -96 A RESOLUTION ORDERING OF IMPROVEMENT PROJECT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE VICTORIA ROAD & ROLLING GREEN NEIGHBORHOOD IMPROVEMENTS (PROJECT #201308) WHEREAS, the city council adopted Resolution 2013 -53 on September 17, 2013 setting the date for a public hearing on the proposed improvements to Victoria Road, Walsh Lane, Stratford Road, Oxford Court, Windwood Court, Rolling Green Curve, and Coventry Court; and WHEREAS, ten (10) days mailed notice and two weeks published notice of the hearing were given and the hearing was held on the 5th day of November, 2013, at which all persons desiring to be heard were given an opportunity to be heard thereon on the question of the proposed construction of the following described improvements: Street reconstruction improvements consisting of, but not limited to, bituminous milling or removal, bituminous reclamation grading, water main replacement, storm sewer, aggregate base, concrete curb and gutter, bituminous surfacing and appurtenant work to the existing rural street section for Victoria Road. Street rehabilitation improvements consisting of, but not limited to, bituminous milling or removal, bituminous reclamation, catch basin repair, concrete curb and gutter repair, bituminous surfacing and appurtenant work to the existing urban street section for Walsh Lane, Stratford Road, Oxford Court, Windwood Court, Rolling Green Curve, and Coventry Court. WHEREAS, the proposed assessable area for said improvements is situated within the City of Mendota Heights in Dakota County Minnesota and includes those parcels that currently have driveway access on the project. NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council as follows: 1. Such improvements are necessary, cost - effective and feasible as detailed in the feasibility report. 2. That the city engineer be and is hereby authorized and directed to prepare plans and specifications for said improvement. Adopted by the City Council of the City of Mendota Heights this fifth day of November, 2013. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST Lorri Smith, City Clerk page 91 VICTORIA ROAD & ROLLING GREEN NEIGHBORHOOD IMPROVEMENTS RESIDENT COMMENTS CITY PROJECT 201308 NEIGHBORHOOD INFORMATIONAL MEETING WEDNESDAY, OCTOBER 23, 2013 6:30 P.M. Resident questions and comments made during the Neighborhood Informational Meeting for Victoria Road & Rolling Green. Items are listed in order and an audio file is available upon request or can be found in the following location. X:\2013 Projects \MH201308_Victoria Road & Rolling Green Improvements \Design Drawings & Work Product \Presentations & Reports\2013 -10 -23 Informational Meeting\ 2013 -10 -23 MH201308 Victoria Rd & Rolling Green - Informational Meeting - Audio Recording.wav Questions & Comments: 1. What side is the parking lane on? a. Is it necessary? b. Does the parking lane have a shared assessment & /or payment? c. This seems like a big project on a heavy travelled road. Is this the same way the City assessed the Marie Avenue project? 2. Questionnaire response map clarification. a. Was the parking lane placement based off of questionnaire alone? b. This is a high traffic area and proposing a parking lane may not be safe to the public. This resident reports he and his neighbor have large driveways and there is no need for a parking lane. c. Will the ditches be removed where a parking lane is proposed? d. Will you be replacing the driveways as well? 3. Has public safety been considered when designing a "no parking" zone without having a parking lane, and having a double yellow line keeping people from passing a parked delivery truck? a. This resident reports he is in support of the parking lanes. 4. Victoria is a major arterial road and needs to be rebuilt. 5. Has there been a traffic study done on Victoria Road? 6. Will phasing the project affect the assessments? 7. With respect to phasing, will the rehab be the 1st in 2014 & /or be a solo project if City Council sees fit? 8. Will existing paths be altered or realigned? 9. 1663 Victoria Resident — Reports he was nearly hit by a car while checking his mail one day and reports of extreme speeds. 10. Why aren't Celia and Diane being assessed since they also use the road to access their neighborhood? page 92 11. What were Celia's and Diane's assessment costs? 12. Is the trail from Celia to Diane going to be next to the curb or offset from the road? 13. Victoria Road Resident — Built their house when Victoria was a county road. How does this assessment equate to that assessment? 14. In respect to cost and design, can we revise the alignment to have slight curves or reduce the width to slow traffic down? 15. Will there be curb bump outs at intersections? 16. Will there be crosswalk improvements at Marie and Victoria? 17. Are speed bumps possible? 18. Resident has friends on Marie Avenue and that friend reports speed there has increased since it was rebuilt. 19. Reports of snow plow speeds being fast. a. Does curb & gutter increase of decrease snow plow speeds? 20. Does the parking lane become snow storage or will it be plowed as a street? 21. Does the 28' street width have parking? 22. Resident on the horseshoe drive — Will this be getting full curb throughout? 23. Will there be any specific changes in speed limit? 24. Will traffic counts be individual for north and south portions of Victoria? 25. Can we add stop signs on Victoria at Celia and Douglas? 26. Resident reports that the stop sign at Victoria and Marie has slowed traffic and reduced accidents. 27. Will utility installations affect trees in the vicinity? a. Resident reports having a huge pine tree that may be in the way and wants to keep it. b. How wide is the ROW? 28. What is the design to capture the drainage in the low spot just north of Marie on Victoria? a. Will rain gardens be used? b. Parking lanes make speeding easier, can landscaping be used to calm traffic? Possibly in the bunmp out areas and along the trail? 29. Are the elevations of the road changing? 30. Resident wants the rock ditch to be removed and landscaped. 31. Resident in the curve — Will the freeway fence be removed of moved? 32. Corner of Summit and Victoria Resident — Is there a proposed parking lane here? a. My driveway is on Summit, am I being assessed as part of this project? 33. Drainage on Victoria south is well managed by ditches and is being mowed by homeowners. a. What does curb and gutter do to the stormwater pond it is being drained to? b. Grass swales and ditches are better than curb & gutter. 34. Resident responding to #33 — Resident is a master gardener with the University of Minnesota and explained the infiltration of rainwater with different types of grasses. page 93 35. Stop sign petition was created during the meeting and is now being passed around the room for signatures. 36. What is the plan to restore driveways? a. Will they match the existing angle & /or grades? 37. John Mazzitello asked the audience if they had any strong feelings about the project being phased. a. There was an overwhelming response that the project should not be phased due to the inconvenience if it was scheduled over multiple years. 38. What is the cost difference if the project is phased? 39. What is the assessment payment schedule? 40. When will the assessment be due? 41. Will the contractor be willing to replace any complete driveways if requested and if so, is there a discount? 42. A "Thank You" comment from a resident. 43. The meeting was adjourned. Victoria Road & Rolling Green Neighborhood Improvements Project Area Legend City Boundary Assessments ll Reconstruction Assessment ........... Rehabilitation Assessment Improvement Type Street Reconstruction Street Rehabilitation August 1, 2013 r 0 400 SCALE IN FEET page 94 City of Mendota Heights ■ --r ..L LRARD 1646 A: it me" 111*1 PA No" 310 ABOUT A ROAD ABOUT TO BE TAKEN Unnecessary "improvements" in the section of Victoria Road south of Marie have been announced and initial surveys have begun. According to recent mailings from the city this "niral section" will lose this description, thus destroying its appealing reference to its farm road past. It is possible that with a careful, complete reconsideration a significant portion of the funds for this project could be saved. A starting question could be: Why doesn't Lexington, which has more traffic, have a curb? (Recent cement workings introducing crosswalks indicate none are planned.) Some points for consideration: 1. ROAD WIDTH: According to unscientific, regular observation, only about 10% to 15% of the traffic arriving at Marie's stop signed intersection with Victoria turns or heads straight on to the south section of Victoria. A road wider than the current 24' with curbing, etc. would invite more traffic because it would appear that the speed of the other approach roads could be continued. 2. PARKING: Only about 3 or 4 times a year is there over-flow parking from a driveway. When the road is so used, the few vehicles are mostly on the grass, not blocking two-way flow on road. 3. DRAINAGE: Especially at the north end of the section, at the top of the rise, there is more than enough of a grass lined ditch to accommodate even the largest of rainfalls. Any flowage problems at the bottom of the raise, where houses were built in known flow zones, could be solved with off road drainage. The rise to the south as it turns west seems to have no flowage problems. 4. PEDESTRIAN ISSUES: There are not perceived problems with the side walks, comers or crossings. Except for a few utility vehicles from time to time, they are not parked upon. The cracks give them character. Incidentally, much of the thinking above could be used when assessing the needs for the section of Victoria north of Marie. In sum, save the green space. Every little bit helps. Please at least leave the section south of Marie as a "road less traveled by," it would make "all the difference." JOHN PITMAN Victoria Road Resident PETITION STOP THE VICTORIA ROAD RECONSTRUCTION PROJECT Sponsored by the Victoria Town Home Association Addressed To: Mayor Sandra Krebsbach & Mendota Heights City Council Members 1101 Victoria Curve, Mendota Heights Minnesota 55118 ® The proposed $8,950 cost per homeowner is exorbitant! O The addition of curbs and gutters to Victoria Road will severely limit the guest parking currently available. We, the undersigned, wish to bring our opposition to your attention, and request that this project be changed to a simpler rehabilitation project. NAME VICTORIA RD ADDRESS \N,1 Uc [ q 00 — IAN) ak) PETITION STOP THE VICTORIA ROAD RECONSTRUCTION PROJECT Sponsored by the Victoria Town Home Association Addressed To: Mayor Sandra Krebsbach & Mendota Heights City Council Members 1101 Victoria Curve, Mendota Heights Minnesota 55118 • The proposed $8,950 cost per homeowner is exorbitant! • The addition of curbs and gutters to Victoria Road will severely limit the guest parking currently available. We, the undersigned, wish to bring our opposition to your attention, and request that this project be changed to a simpler rehabilitation project. NAME VICTORIA RD ADDRESS /100 F PETITION STOP THE VICTORIA ROAD RECONSTRUCTION PROJECT Sponsored by the Victoria Town Home Association Addressed To: Mayor Sandra Krebsbach & Mendota Heights City Council Members 1101 Victoria Curve, Mendota Heights Minnesota 55118 • The proposed $8,950 cost per homeowner is exorbitant! • The addition of curbs and gutters to Victoria Road will severely limit the guest parking currently available. We, the undersigned, wish to bring our opposition to your attention, and request that this project be changed to a simpler rehabilitation project. NAME VICTORIA RD ADDRESS PHONE E-MAIL PETITION STOP THE VICTORIA ROAD RECONSTRUCTION PROJECT Sponsored by the Victoria Town Home Association Addressed To: Mayor Sandra Krebsbach & Mendota Heights City Council Members 1101 Victoria Curve, Mendota Heights Minnesota 55118 ® The proposed $8,950 cost per homeowner is exorbitant/ ® The addition of curbs and gutters to Victoria Road will severely limit the guest parking currently available. We, the undersigned, wish to bring our opposition to your attention, and request that this project be changed to a simpler rehabilitation project. NAME VICTORIA RD ADDRESS PHONE E -MAIL ,,d/4/Abz, 61.7 Vd1416 /ijJ STh1 U 4 7Q. IJda°eG'<k yy� � c-) 'O- JR 176 C7 d ti ct sa PETITION STOP THE VICTORIA ROAD RECONSTRUCTION PROJECT Sponsored by the Victoria Town Home Association Addressed To: Mayor Sandra Krebsbach & Mendota Heights City Council Members 1101 Victoria Curve, Mendota Heights Minnesota 55118 9 The proposed $8,950 cost per homeowner is exorbitant! The addition of curbs and gutters to Victoria Road will severely limit the guest parking currently available. We, the undersig ed, wish to bring our opposition to your attention, and request that this project be changed to a simpler rehabilitation project. NAME VICTORIA RD ADDRESS , PETITION STOP THE VICTORIA ROAD RECONSTRUCTION PROJECT Sponsored by the Victoria Town Home Association Addressed To: Mayor Sandra Krebsbach & Mendota Heights City Council Members 1101 Victoria Curve, Mendota Heights Minnesota 55118 ® The proposed $8,950 cost per homeo.. -r is exorbitant! O The addition of curbs an tters to Victoria Road will severely limit the guest parking curre availa +•rle. We, the undersigned, ish to bring our opposition to your aftention, and request that this project be changed o a simpler rehabilitation project. NAME VICTORIA / RD ADDRESS 2ici dza s PHONE E -MAIL November 5, 2013 Re: Street assessments for property 1823 Victoria Road. Dear Councilmember, Please accept this petition to be returned to my platted annex of Rolling Green Addition, as my property has always been characterized, for the purpose of determining assessments for the upcoming Victoria Road/Rolling Green street improvements. I have paid $10,800 in assessments for reconstruction of streets and utilities for Rolling Green Addition when it was developed, the same amount as all the other property owners in Rolling Green Addition. My property, while on Victoria Road, has always been assessed equally with the other residents of Rolling Green Addition and I believe that it is unfair to now remove me from my established platted addition. If you consider the prior assessments of other properties along Victoria Road, (see attachment) you will see that the properties 1817 -1837 Victoria have already been assessed $5,000- $6,000 more, on average, than all of the other properties on Victoria Road. If these properties would again be included in the assessment pool of Rolling Green and be assessed for a rehabilitation, rather than a reconstruction, as are the other reside nts of Rolling Green Addition, the total assessments for all properties would be much closer to equal and considerably more fair. Thank You for your consideration in this matter. Respectfully, Bruce and Cathy Resell 1823 Victoria Road Rolling Green Addition Prior property assessments along Victoria Road Caren Rd. $3437 Children's Country Day 5124 $16,968 4374 4 »4 5671 5651 4190 4361 4734 4823 Douglas Rd. $3902 3902 4221 4221 5824 Marie Ave. $18,669 4 units @ ;10,803 (1817 Victoria) $2051 10,803 (1823 Victoria) 10,803 (1831 Victoria) 10,803 (1837 Victoria) 5260 5260 5260 6543 6543 6543 Stratford Rd. $12,425 15 units @ 2550 $4261 2550 2550 Kay Ave. $3952 3952 3952 8073 3597 3597 3597 Lexington Ave. page 95 1101 Victoria Curve 1 Mendota Heights. 651.452.1850 phone 1 651.452.8940 f, www.mendota•heights.com irvrol"' CITY OF MENDOTA HEIGHTS 8a. DATE: November 5, 2013 TO: Mayor, City Council, and City Administrator FROM: John R. Mazzitello, PE, PMP, MBA — Public Works Director /City Engineer SUBJECT: Traffic Safety Committee Meeting Summary and Recommendations BACKGROUND The Traffic Safety Committee (TSC) met on October 1st from 5:30 to 6:30 pm at City Hall. There were two items discussed at the meeting as summarized below: A. Review of speed data for Decorah Lane — Requested by Mike Schmidt of Decorah Lane. Mr. Schmidt is a new resident of Mendota Heights, moving in last October. He expressed concerns about the speed of traffic on Decorah Lane. In 2008, the City enlisted the assistance of several University of Minnesota Graduate Students to conduct a speed study and make traffic calming recommendations to the City. The mean and median calculated as a result of the study were both 30 mph, the posted speed limit. There were cars measures as fast as 40+ mph, but according to the study they were vastly outnumbered by vehicles travelling around the 30 mph mark. The students also ran samples of license plates to determine how much "cut through" traffic was utilizing Decorah. 79% of vehicles surveyed were determined to be local residents. B. Request for parking restrictions on the east side of Warrior Drive — Requested to City Council by Mr. Stuart Simek of 577 High Ridge Circle. Referred to TSC by City Council on September 17, 2013. A number of residents came to the September 17th City Council meeting to talk about their concerns regarding Henry Sibley High School student parking along the east side of Warrior drive. City Council referred the matter to the Traffic Safety Committee to come up with recommendations to bring back to City Council. One of the residents observed as many as 71 cars parked on the east side of Warrior Drive between the parking lot entrance and Mendota Road. Independent School District 197 charges students $100 per semester to park in the high school parking lot, which has more than enough parking available to meet City Code. It is assumed that students not wishing to pay the parking fee are parking on Warrior Drive and on other public streets to avoid the payment. If parking were prohibited on Warrior Drive, the TSC believes the school parking would move into the adjoining cul -de -sacs, necessitating a parking prohibition on those streets as well. Once parking is prohibited on Warrior Drive, Sibley Court, and High Ridge Circle, the school parking would likely relocate to Knob Road, Callahan Place, and Marie Avenue creating an undesirable pedestrian situation between utilized on- street parking and private property owners. Four area residents attended the committee meeting to participate in the discussion of the issue. page 96 BUDGET IMPACT None. RECOMMENDATIONS The Traffic Safety Committee recommends the following: A. Utilize the City's speed cart to monitor traffic data along Decorah Lane to check against data collected in 2008 as part of the Decorah Lane Traffic Study. If changes in traffic statistics are taking place, the Traffic Safety Committee will re -visit possible mitigation measures. No Council action is needed on this item at this time. B. The Traffic Safety Committee recognized the issue as belonging to the School District first and recommended the City give the School Board and the administration of Henry Sibley High School the first opportunity to address the resident concerns. Since the TSC meeting the School District has striped their athletic field lot at the southeast corner of the Henry Sibley site for parking and has offered it to students free of charge. Originally, the TSC recommended making a formal request of the School Board to take measures to help alleviate residents' concerns by adopting the attached Resolution 2013- 77, A RESOLUTION FORMALLY REQUESTING ACTION BY INDEPENDENT SCHOOL DISTRICT 197 TO ALLEVIATE RESIDENT CONCERNS DUE TO ON STREET PARKING ON WARRIOR DRIVE. In light of the recent gesture by the School District, Council may choose to adopt this Resolution or take another action of Council's choosing. Any actions on this issue will require a simple majority vote. page 97 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 2013-77 RESOLUTION FORMALLY REQUESTING ACTION BY INDEPENDENT SCHOOL DISTRICT 197 TO ALLEVIATE RESIDENT CONCERNS DUE TO ON- STREET PARKING ON WARRIOR DRIVE WHEREAS, the City of Mendota Heights values the cooperative working relationship it has with Independent School District 197; and WHEREAS, the residents of Warrior Drive, Sibley Court, and High Ridge Circle have brought to our attention concerns about on- street parking along the east side of Warrior Drive by students of Henry Sibley High School; and WHEREAS, the City of Mendota Heights is concerned about neighborhood safety and the best public use of our streets and rights -of -way; and WHEREAS, school generated traffic concerns have been mitigated in the past through cooperative efforts between the City of Mendota Heights, area residents, and education institutions; and WHEREAS, the City Council recognizes that since the complaints about student parking on Warrior Drive were brought to the city's attention, Independent School District 197 has taken steps to create more student parking by striping a parking lot at the intersection of Delaware Avenue and the Highway 110 frontage road; NOW THEREFORE BE IT RESOLVED that the City Council of the City of Mendota Heights, Minnesota requests Independent School District 197 continue to review the on street parking patterns on Warrior Drive of students and faculty of Henry Sibley High School and further discuss potential solutions to resident concerns with area residents and the City of Mendota Heights. Adopted by the City Council of the City of Mendota Heights this 5th day of November, 2013. CITY COUNCIL CITY OF MENDOTA HEIGHTS By Sandra Krebsbach, Mayor ATTEST: By Lorri Smith, City Clerk page 98 Parking Permit Info More Expensive Chaska High School - $220 /year Eden Prairie - $200 or $350 /year, depending on lot Edina - $150 /semester ($300 /year) Eastview High School - $120 /semester ($240 / year) Lakeville South HS - $125 /semester ($250 /year) Bloomington Jefferson - $85 /trimester ($255 /year) Mahtomedi - $225- 275 /year, depending on lot Minnetonka High School - $300 /year Rosemount High School - $80 /trimester ($240 /year) District 197: $100 /semester ($200 /year) Less Expensive Burnsville High School - $100 /year Farmington High School - $120 /year Prior Lake - $150 /year Tartan High School - $150 /year Woodbury and Park - Cottage Grove - $120 /year page 99 Henry Sibley Parking History 2010 -11 $125 /semester...$250 /year (Reflects a $25 increase from previous year...budget decision) Revenue...$45,832 (Includes revenue from daily, $2 passes) Permits sold...175 (combination of semester and full year permits) 2011 -12 $100 /semester...$200 /year Revenue...$36,531 (Includes revenue from daily, $2 passes) Permits sold...198 (combination of semester and full year permits) 2012 - 2013 $100 /semester...$200 /year Revenue...$29,436 (Includes revenue from daily, $2 passes) Permits sold...174 (combination of semester and full year permits) 2013 -14 $100 /semester...$200 /year Revenue...$17,700 (Includes revenue from daily, $2 passes) Permits sold...138 (combination of semester and full year permits) (sales are on pace with the previous year) (more permits are sold as the weather gets colder) Henry Sibley has 237 student parking spots. 10 -15 parking spots were eliminated north of the tennis courts. irvrol"' CITY OF MENDOTA HEIGHTS DATE: November 5, 2013 TO: Mayor, City Council and City Administrator FROM: Nolan Wall, AICP Planner page 100 1101 Victoria Curve I Mendota Heights. 651.452.1850 phone 651.452.894, www.mendota•heights.com 8b. SUBJECT: Resolution Approving Accessory Structure Setback Variance at 2471 Pond Circle East BACKGROUND The applicants constructed a 10'x14' accessory structure without obtaining the appropriate permits. The existing structure, in its current location, does not meet the required thirty -foot setback from a public street. In seeking to remedy the violation, as notified by City staff, the applicants have applied for a variance. In addition, the applicants have proposed an alternate location that meets the Code requirements if the variance is denied. Currently, the accessory structure is unfinished pending the City Council's determination of the request. According to the applicants, the accessory structure is located in the best possible location in order to be appropriately screened from surrounding properties and fit with the topography and configuration of the lot. The alternate location for the accessory structure, in compliance with the Code, is closer to the dwelling and at a higher elevation which may make it more visible to surrounding properties. Draft findings of fact for approval and denial of the request were included in the Planning Commission packet. The Planning Commission conducted a public hearing; the only comment received was from a neighbor in support of the accessory structure in its current location. BUDGET IMPACT N/A RECOMMENDATION The Planning Commission recommended approval of the accessory structure setback variance as described in Planning Case 2013 -16. If City Council desires to implement the recommendation, pass a motion adopting RESOLUTION 2013 -91 APPROVING AN ACCESSORY STRUCTURE SETBACK VARIANCE BASED ON THE FOLLOWING FINDINGS OF FACT: 1. The proposed site has unique characteristics in the neighborhood with regard to lot shape, home design, mature vegetation, and distinctive topography, and is bounded by public streets on two sides. 2. The additional setback standard imposed by a side yard frontage on a public street in combination with the unique characteristics of the site places a substantial burden on locating an accessory structure and constitutes a "practical difficulty" for such use. 3. The setback encroachment is screened by existing vegetation on the site and is a greater distance from the side lot line than would be required if the side yard did not abut a public street. page 101 4. The encroachment as designed meets the performance standards in the code for accessory structures in all other respects. This matter requires a simple majority vote. page 102 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2013 -91 A RESOLUTION APPROVING AN ACCESSORY STRUCTURE SETBACK VARIANCE AT 2471 POND CIRCLE EAST WHEREAS, Ken and Mary Paquin have applied for a variance to construct an accessory building within the required setback from a public street at 2471 Pond Circle East [PIN:27- 31800 -05 -040, Hampshire Estates, Lot 4, Block 5] as proposed in Planning Case 2013 -16; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this application at their regular meeting on October 22, 2013; and WHEREAS, the Planning Commission recommended that the City Council approve the variance as shown in Planning Case 2013 -16. NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council that a variance as proposed in Planning Case 2013 -16 is hereby approved with the following findings of fact: 1. The proposed site has unique characteristics in the neighborhood with regard to lot shape, home design, mature vegetation, and distinctive topography, and is bounded by public streets on two sides. 2. The additional setback standard imposed by a side yard frontage on a public street in combination with the unique characteristics of the site places a substantial burden on locating an accessory structure and constitutes a "practical difficulty" for such use. 3. The setback encroachment is screened by existing vegetation on the site and is a greater distance from the side lot line than would be required if the side yard did not abut a public street. 4. The encroachment as designed meets the performance standards in the code for accessory structures in all other respects. Adopted by the City Council of the City of Mendota Heights this fifth day of November, 2013. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST: Lorri Smith, City Clerk page 103 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231 .2555 Facsimile: 763.231 .2561 ptannersf nacplanning.com MEMORANDUM TO: Mendota Heights Planning Commission FROM: Stephen W. Grittman DATE: October 14, 2013 MEETING DATE: October 22, 2013 SUBJECT: Paquin Accessory Structure Setback Variance CASE NO: Case No. 2013 -16; NAC Case 254.04 — 13. APPLICANT(S): Ken and Mary Paquin LOCATION: 2471 Pond Circle E. ZONING: R -1, One Family Residential GUIDE PLAN: Low Density Residential (LR -II) Background and Description of Request: The applicants have commenced construction of a 10'x14' storage shed without obtaining required permits. The structure is located approximately 12 feet from the property line abutting Pond Circle West and does not meet the 30 foot required setback from a public street. After receiving notice of the code violation from the city, the applicants are seeking to remedy their violation and have submitted a request for a variance from the required setback. The applicants have also offered to relocate the structure to an area that meets the setback requirement if the variance is denied. The shed construction is substantially complete, with footings, roof and walls in place. Installation of final roofing material, doors and painting remain to be finished. page 104 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 structure 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. The storage shed is an accessory structure which is permitted in residential areas in side and rear yards. However, storage sheds are not commonly found in this neighborhood. The applicants have stated that their home was built prior to the other homes in the neighborhood and was not provided with the same amount of enclosed storage spaces as other homes. The property in question is surrounded on two sides by public streets, making the front, side, and rear yards difficult to define. The property address is on Pond Circle East which may indicate that portion of the lot as the front and therefore designating the area where the shed is located as either the side or rear yard. The typical setback for an accessory structure less than 144 square feet is five feet from side and rear lot lines. However, in defining residential yard requirements, Section 12 -1 E -3 -D2 states: Side Yards Abutting A Street: A side yard abutting a street shall not be less than thirty feet (30') in width. This ordinance section appears to give definitive guidance as to determining that the area fronting Pond Circle West is the property's side yard and establishes a structure setback of 30 feet from the property line. The southwest and southeast property lines could be then considered either side or rear lot lines. If the structure were located adjacent to those lot lines, the 30 foot setback from the streets would need to be met, but a distance of only 5 feet from the other lot lines would be required. However, there is hilly topography on the site that further limits the placement of the accessory structure on the lot. The applicants have provided an alternative location for the shed adjacent to the existing garage that would meet the 30 foot setback from Pond Circle West. If the planning commission determines that the variance should not be granted and the shed must be moved, the applicants have requested that they be given until next spring to relocate the structure. page 105 The current location of the shed provides the most natural screening of the building from the street and adjacent properties. The applicants have stated that the shed is surrounded on two sides by lilac bushes and have provided an image illustrating the existing screening. If the planning commission determines that the variance may be granted in this case, they may consider adding the requirement that evergreen trees or shrubs be installed to further screen the structure year- round. The unique conditions in this case would appear to be the shape of the lot, footprint of the home, and existing topography that limit the location of an accessory structure within required setback areas. However, the applicants have identified an alternative location for the shed that would meet setback requirements without reducing the size or design of the building, but would require the installation of new footings and the burden of moving the substantially complete structure. It should be noted that the accessory structure must be set back at least five feet from the principal building (Section 12-1D-3- B1.c.) Action Requested: After a public hearing, the Planning Commission may consider one of the following alternative actions related to the variance application request: 1. Approval of the variance from the side yard setback for the accessory building based on draft findings attached to this report. If a recommendation for approval is considered, it may be appropriate to request that the applicants install evergreen screening to further block the view of the shed from the street and neighboring properties. 2. Denial of the variance from the side yard setback requirement based on draft findings attached to this report. Staff Recommendation: Planning staff does not recommend approval of the variance for the accessory structure. The ordinance provides sufficient guidance for determining yard widths and setback requirements to maintain a uniform setback along Pond Circle West. Allowing for a deviation from the side yard setback in this case would be out of character for this neighborhood. The applicants have identified an alternative location for the storage shed that meets required setbacks and therefore allowing for reasonable use of the property. If the planning commission denies the request for the variance, we recommend that the applicants be given until May 31, 2014 to complete the relocation of the building. Supplementary Materials: 1. Application Materials dated 9/25/13 page 106 Draft Findings of Fact for Approval Paquin Accessory Building Setback Variance for Setback Encroachment 2471 Pond Circle East 1. The proposed site has unique characteristics in the neighborhood with regard to lot shape, home design, mature vegetation, and distinctive topography, and is bounded by public streets on two sides. 2. The additional setback standard imposed by a side yard frontage on a public street in combination with the unique characteristics of the site places a substantial burden on locating an accessory structure and constitutes a "practical difficulty" for such use. 3. The setback encroachment is screened by existing vegetation on the site and is a greater distance from the side lot line than would be required if the side yard did not abut a public street. 4. The encroachment as designed meets the performance standards in the code for accessory structures in all other respects. page 107 Draft Findings of Fact for Denial Paquin Accessory Building Setback Variance for Setback Encroachment 2471 Pond Circle East 1. Reasonable use may be made of the property by relocating the accessory structure to an area in compliance with setback requirements. 2. The condition of the lot having street frontage on two sides is not unique in the city and the ordinance has established side yard requirements to provide for uniform structure setbacks under these conditions. 3. While alternatives to the variance may be less convenient, the proposed encroachment into the required setback area constitutes an unreasonable use of the setback area. 4. The encroachment as designed is not compatible with the uses and character of the neighborhood or locale. page 108 1101 Victoria Curve ( Mendota Heights, MN 5511S 651,452.1850 phone I 651.452.8940 fax www.mendota-heights.com CITY OF MENDOTA HEIGHTS APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Case No. 20 [ 3 - / 6 Fee Paid (0 a - 9 ' /2S- /f Date of Application ' / 2 S j 1 3 Staff Initials NtA ht.) Street Location of Property in Question: 024411 ! Q. t aC' E Applicant Name: JO s fnew>1 u rr , PH: Gas/ -7`r � cA E -Mail Address: (n1p ar.)l'1),O a n-e7-E Address: ,Q I 7O z n, i -(TI . Property Owner Name: <L 1 Przpu i \.t Property Owner Address: ,-;24-11 ---PoNcl t cc i_ ET. fi Legal Description & PIN of Property: (Complete Legal from Title or Deed must be provided) 422, Li e z4 5- tra..4eS / i c)-1- 4 j �- *. J� - -o5 -040 Type of Request: Rezoning Conditional Use Permit Conditional Use Permit for P.U.D. Preliminary/Final Plat Approval Comprehensive Plan Amendment Variance Subdivision Approval Wetlands Permit Critical Area Permit Other: Applicable City Ordinance Number resent Zoning of Property . ; t Present Use' roposed Zoning of Property Proposed Use Section I hereby declare that all statements made in this request and on the additional material are true. I further authorize City Officials and agents to inspect the above property during daylight hours. Signature pplicant Signa e 1c3 Date Date Signature of wner (if more than one 2 D ate page 109 September 26, 2013 City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 RE: Variance Dear Board Members: On September 4, 2013 we received a letter that we had violated a city code by not obtaining a permit to build a shed. In addition, it is not located within the proper setbacks per your requirements. We take full responsibility for our error in not having done our due diligence pertaining to the shed. We now need to go forward and correct what is truly our problem with one of two options: First, we are asking for a variance for where the shed is currently situated. The shed was built with our neighbors in mind and, in fact, with some of our neighbors input as to location. For nearly half of the year it will be covered on two sides by lilac bushes that will obstruct it from view (please see photos). The shed was built to help clean up our yard and store equipment such as the lawn mowers, scaffolding etc. that are currently out in plain view and to help get our yard in an orderly fashion. We have a unique home - it was the first home in the area and being such it does not have the garage storage or spaces under decks that the other neighborhood homes have. It also does not look like any of the other houses making it unique to the neighborhood in architecture. It is also on a unique lot located and the house sits up on a hill above the other homes. It is odd enough that is difficult to tell where our front yard begins /ends and where the backyard truly lays thus leaving little options for where to place the shed. Second, should you not grant the variance, we are asking that you permit us extra time to move the shed to the location on the yard where a variance will not be needed until next spring at which time Ken will be recovered from a recent accident. While we have offers from family, friends and most importantly neighbors to help finish the shed (i.e. roofing, painting, doors) as well as to help with the moving of it should that be the option chosen we prefer to take care of this ourselves or at least be able to participate. This location would be at the top of our driveway and much more viewable to all neighbors and the least attractive for the neighborhood and property. We have completed all forms necessary and included pictures of not only where the shed is located on our property, where it will be located if moved, and other homes in the neighborhood with sheds for your review. We thank you in advance for your consideration. Sincerely, Ken and Mary Paquin City of Mendota Heights Variance Checklist /Questionnaire Page 1 page 110 Applications will be scheduled for consideration by the Planning Commission and /or the City Council only after all required materials have been submitted. Late or incomplete applications will not be put on the agenda. Office Use Only' • Case No: '2 Applicant: Address: 2-1-r1 'r.„.„ Planning Timeline: If a complete application is submitted by (date) then the public hearing or review of your case will be conducted by the planning commission on (date). Following completion of planning commission review, the city council may consider your application on (date). A variance is a request to exceed City of Mendota Heights zoning standards. Under Minnesota State Law, a variance requires that a practical difficulty exists. Practical difficulty has two parts: a unique condition exists on the property (not created by the landowner); the proposed use of the property is reasonable. It is essential that the variance will not alter the essential character of the neighborhood. Please consider these requirements carefully before requesting a variance. Applicant Requirements: • Dated original of all of the materials checked must be submitted by the end of the business day the Monday before the first,Tuesday of the month. • If all original materials are 11 x 17 or smaller — you need to only submit originals. • If materials are larger'than 11 x 17, please provide 22 copies, folded to 8 %2 x 11. • Any drawing in color — must submit 22 copies. The following materials must be submitted for the application to be considered complete: • Fee: ($100 Residential, $150 Commercial), check payable to City of Mendota Heights o Please note that this Planning Application fee does not cover building permit fees, utilities, or other fees which may be required for you to complete your project. • Completed Application For n (only original need be submitted) • Sketch plan showing all pertinent dimensions, and including the location of any easements having an influence upon the variance request. • If written consent by the property owners within 100 feet of the boundaries of the subject property is obtained, the city may waive the requirement for a public hearing. Signature form should be accompanied by a map indicating the location of the property in question and the location of property owners who have given consent. Please complete the attached questions regarding your request for a variance to city code. Variance Checklist (modified 10/2012) page 111 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? As seen in the enclosed pictures there are homes within 2 -3 blocks of our property that have sheds. The current land use is for a family dwelling and this is just an extension of our dwelling without adding on to our garage. Other homes in the area have 3 car garages with which to park and store equipment. Our's being the original home does not have that option but a shed allows us more storage just as they would have. 2. In your opinion, does the proposal put property to use in a reasonable manner? Yes (X) No () Why or why not? Yes, we have strategically places the shed where it is the least conspicuous to our neighbors but at the same time allows us to store equipment in a neat, tidy confined space rather than in plain view thus cleaning up the yard. 3. Please describe the circumstances unique to the property (not created by you). The property and home are unique in themselves as this was the original home located on the property before it was developed. Neither the house nor the property look like any of the other properties in the area and it is difficult to even tell what exactly would be deemed the "front yard ". At the same time it has beautiful mature trees and part of the yard is surrounded by lilac bushes. It is also on a hill which overlooks the other homes on all sides of our house. Should the variance not be granted in its current location we would like to move it to one of the other attached sketches. However, both of these locations make the shed more noticeable to the neighborhood as it is on the top of the hill. As you can see from the list of neighbors that have signed the form all but one are fine with the current shed and location, however moving it to the top of the hill was also part of the discussion prior to getting any signature. 4. In your opinion, will the variance, if granted, fit with the character of the neighborhood? While our property already does not match the other homes in the neighborhood due to the nature of when it was built, as mentioned in question one there are other homes with sheds. These are more clearly visible to their neighbors while ours is surrounded on both the street side and the adjoining neighbors side by lilac bushes so for most of the year (since the lilacs typically bloom by Mother's Day and the leaves are usually still on the bushes through Sept/Oct.) it would not be noticed by anyone but us. Regardless of the age of our home we still feel it will fit with the character of the neighborhood. 0 v 2461 POND CIR W,/ � ! t /i A 2480 POND CIR E 2479 POND CIR W wa 2464 POND CIR E 2455 POND CIR W 2478 POND CIR W 2474 POND CIR E 912458 POND CIR E 2452 POND CIR E 2481 POND CIR E 2471 POND CIR E 2467 POND CIR W 2470 POND CIRCLE E 12473 POND CIR W r az CS \, ft LGARET TST WAEKER V or i N BILLIE C S & JOSEPH SLATER CARL J III & JULIE T BERGET —wife DORI TUE DENELLE JAMES F & LAURIE G POCOCK JAMES H & BEBERLY J NEUHARTH JOHN A & JOAN M GREGOIRE MARK S & LISA S LERMAN MARYL & KENNETH W PAQUIN MICHAEL JOSEPH TSTE CRNOBRNA PETER J & GERALDINE FOLEY RAYMOND M II & ANN M SCHLECK 1ROGER M & SARAH J BAILEY 1RYAN D & JESSICA L KESSLER SCOTT R & JULIE M ICARLEN :gyp. QJ o 1273180004120 1273180004080 1273180005030 1273180004140 1273180004110 273180004100 273180005050 1273180005040 1273180004070 1273180004150 1273180004040 1273180004060 1273180004130 1273180004050 page 112 2471 Pond Circle East Date: 9/27/2013 0 25 SCALE IN FEET page I / 3 City of IMMendota Heights page 114 2471 Pond Circle East Disc /dhow; Map i d darcet data are believed to Le ac'ctuate, but ifCO.traCie is riot girwrlrriri d, nit!, r5 IiO deal cliacornerPt and shaded slot be sotst /tilted ,or a title search,aiv.raisar, sec survey, or liil 'Urlir@ vesiercatior1, t),?lkoti COw y A$SUme$ np lega+ responsibility rot the inforrhaPod Contained il] tins rlii er, Mari ale 1 inch = 40 feet 9/2312013 page 115 2471E Pond Circle EF.' DisciaiotPer: Mar) arid frdreei elriirl ai4! ben -cued fry be dGilrrdte, but 1iCCrrrar_y is- nut goo., adrtrr:ct, This 1 :: riot a few, l3cacr naerir calif rrJCrlrl 5(ii.),:wwW11 fpr a roe Se*drCrtsd213}re31.620, 9aarve , Of for [c:rir,ir; uerrfrCaaolr- £'fakettl C *Urity .9ss0uar4 r)p kV/ 1 rC5,Aar ?Siiaifrfy for the infaiatoffon ccnteilied in this iiaf Map Scale 1. in h= 40feet 81312013 page 116 Figure 1: Incomplete, existing shed Source: Applicant Figure 2: View from properties to the north Source: Applicant page 117 Figure 3: View from street /properties to the south (Pond Circle W.) _ 3 ,. f'' N - g { Source: Applicant Figure 4: Proposed relocation of shed (conforming with 30' setback) Source: City of Mendota Heights ( 1 page 118 Affidavit of Publication State of Minnesota SS County of Dakota ANNE THILLEN , being duly sworn, on oath, says that he /she is the publisher or authorized agent and employee of the publisher of the newspaper known as SOUTH -WEST REVIEW , and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A:07, and other applicable laws, as amended. (B) The printedNOTICE OF HEARING which is attached was cut from the columns of said newspaper, and was printed and published once each week, for 1 successive weeks; it was first published on SUNDAY , the 6TH day of OCTOBER , 2013 , and was thereafter printed and published on every to and including , the day of , 20 ; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: *ABCDEFGHIJKLMNOPQRSTUVWXYZ *ABCDEFGHIJKLMNOPQRSTUVWXYZ *abcdefgh ijklm nopq rstuvwxyz Subscribed and sworn to before me on this 7TH day of OCTOBER , 20 13 BY: 0/ V\ TITLE LEGAL COORDINATOR Notary Public *Alphabet should be in the same size and kind of type as the notice. TONYW FtEH INotaryPublio MIrmesota Illy Commtsslon Expos Jan 91, 2015 WINVWWWWWWWWWWWWWV (1) Lowest classified rate paid by RATE INFORMATION commercial users for comparable space $25.00 per col. inch (2) Maximum rate allowed by law for the above matter $25.00 per col. inch (3) Rate actually charged for the above matter $ per col. inch 1/13 CITY OF MENDOTA HEIGHTS,;' NOTICE OF.HEARING A PUBLIC; HEARING REQUEST FORA VARIANCE I r TO CONSTRUCTAN E „ ACCESSORY STRUCTURE::. WITHW THESETBACI�AT 2471 PONDCIRCLEEAST TO WHOM IT MAY CONCERN; NOTICE is hereby given: that the Planning, Commission': of Mendota i Heights,will meet at 7:00 P.M.;'or as. tsoon as possible thereafter; on Tuesday, October. 22 2013 an the City Halt CouncilChambes,,1101 Victorle ;Curie, Mendota Heights, Mlnnpsota, toe consider : an application fromKen..and. Mary Paquin; for a variance to construct an accessory • structure at 2471 Pond ;Circle:East. This request has_ Teen' assigned -. Planning- - Case number 2013 -16.'. . This notice is pursuant toTitle' 12 (Zoning),; Chapter 1: of the Mendota I- Heights- City Code.!Such persona' as desire to be heard with reference to this;request; will +be heard, at'this, meeting.. Lorri Smith Cty'erk .' Oct. 6 201Cl3) (South; West Review: r page 119 page 120 2471 Pond Circle East - Public Hearing Notice 0 0 0 0 0 273180004120 2464 POND CIR E BILLIE C S & JOSEPH SLATER 273180004080 2455 POND CIR W CARL J III & JULIE T BERGET 381360101030 2430 DELAWARE AVE CHRISTOPHER J DOLAN 271830200100 CITY OF MENDOTA HEIGHTS 273180000020 CITY OF MENDOTA HEIGHTS 273180000100 CITY OF MENDOTA HEIGHTS 273180004010 2497 POND CIR W DALE G & MARGARET C EBERHARDT 273180004160 2488 POND CIR E DAVID R & MICHELE M ODALEN 273180005030 2478 POND CIR W DORI TSTE DENELLE 273180004020 2491 POND CIR W DUANE C & CARMEL M SKAR 273180004090 2449 POND CIR W GARY M & PAIGE R HAGSTROM 273180004140 CO 2474 POND CIR E JAMES F & LAURIE G POCOCK 273180004110 2458 POND CIR E JAMES H & BEBERLY J NEUHARTH 382750001021 in 1 GRIEVE GLEN LN JOEL & JOLENE OWENS 273180004100 2452 POND CIR E JOHN A & JOAN M GREGOIRE 273180005060 2493 POND CIR E LAURA 3 HANSON 273180004170 ID 2492 POND CIR E LAWRENCE D & DEBORAH MORSE 273180005050 133 2481 POND CIR E MARK 5 & LISA S LERMAN 273180005070 ea 2499 POND CIR E MARY DEE LEMAIRE 273180005040 0 2471 POND CIR E MARY L & KENNETH W PAQUIN Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. Dakota County assumes no legal responsibility for the information contained in this data. Map Scale 1 inch = 1030 feet 9/26/2013 page 121 2471 Pond Circle East - Public Hearing Notice 273180004070 ED 2461 POND CIR W MICHAEL JOSEPH TSTE CRNOBRNA 273180004060 2467 POND CIR W ROGER M & SARAH ] BAILEY 273180005010 273180004180 0 2496 POND CIR W 2498 POND CIR E PAUL G & ANNE T TSTE WELLE ROSS B & NANCY E ANDERSON 273180005020 273180004130 2486 POND CIR W 0 2470 POND CIR E PAUL P SCHNELL RYAN D & JESSICA L KESSLER 273180004150 273180004050 2480 POND CIR E 2473 POND CIR W PETER J & GERALDINE FOLEY SCOTT R & JULIE M KARLEN 273180004040 273180004030 Fl 2479 POND CIR W 0 2485 POND CIR W RAYMOND M II & ANN M SCHLECK WILLIAM J & BEVERLY KRANZ Disclaimer, Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. Dakota County assumes no legal responsibility for the information contained in this data. Map Scale 1 inch = 514 feet 9/26/2013 irvrol"' CITY OF MENDOTA HEIGHTS DATE: November 5, 2013 TO: Mayor, City Council and City Administrator FROM: Nolan Wall, AICP Planner page 122 1101 Victoria Curve 1 Mendota Heights. 651.452.1850 phone 1 651.452.8940 fax www.mendota•heights.com 8c. SUBJECT: Resolutions Approving Covered Front Porch Setback Variance and Denv ing Garage Setback Variance at 912 Adeline Court BACKGROUND The applicants have applied for variances to allow construction of a covered front porch within the front yard setback and a garage addition within the side yard setback. The new front porch is proposed to encroach into the front yard setback by 1'4 ", totaling 12.8 square feet. The garage addition is proposed to encroach into the side yard setback by 3'3 ", totaling 24.4 square feet. While the Code allows front porch encroachments via conditional use permit, the application was processed as a variance request along with the garage setback request. The proposed garage addition would create additional space necessary to accommodate three full vehicle stalls. The garage currently has three overhead garage doors, but only two full vehicle stalls. According to the applicants, the existing conditions are due to inaccurate surveying measurements that resulted in the unusual configuration of the garage to meet setback requirements. Draft findings of fact for approval and denial of the requests were included in the Planning Commission packet. The Planning Commission conducted a public hearing, there were no public comments. The applicant voiced his disagreement that three -car garages are not the standard in the area and commented on the garage placement alternatives mentioned by staff. BUDGET IMPACT N/A RECOMMENDATION The Planning Commission recommended approval of the covered front porch setback variance and denial of the garage setback variance as described in Planning Case 2013 -19. If City Council desires to implement the recommendation, pass the following motions: 1. Adopt RESOLUTION 2013 -93 APPROVING THE COVERED PORCH SETBACK VARIANCE. 2. Adopt RESOLUTION 2013 -94 DENYING THE GARAGE SETBACK VARIANCE. This matter requires a simple majority vote. page 123 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2013 -93 A RESOLUTION APPROVING A COVERED PORCH SETBACK VARIANCE AT 912 ADELINE COURT WHEREAS, James and Deborah Povolny have applied for a variance to construct a covered porch within the required front yard setback at 912 Adeline Court [PIN: 27- 71275 -02 -260, South Ridge Plat, Lot 26, Block 2] as proposed in Planning Case 2013 -19; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this application at their regular meeting on October 22, 2013; and WHEREAS, the Planning Commission recommended that the City Council approve the variance as shown in Planning Case 2013 -19. NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council that a variance as proposed in Planning Case 2013 -19 is hereby approved with the following findings of fact: 1. The proposed covered porch is a reasonable use of the subject property. 2. The cul -de -sac lot creates a condition where the front setback is curved to parallel the street and the current location of the home parallel to the west property line results in the encroachment when the roofline of the garage is extended to the west edge of the home in the proposed design. 3. The proposed covered porch cannot be accommodated within the required setbacks without altering the design given the location of the garage offset from the existing home. 4. The setback encroachment is minimal, and is offset by areas of the same frontage in which the setback is greater than the requirement. 5. The encroachment as designed is not incompatible with the uses and character of the neighborhood or locale. 6. The request would have most likely been approved if brought forward as a conditional use permit. Adopted by the City Council of the City of Mendota Heights this fifth day of November, 2013. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST: Lorri Smith, City Clerk page 124 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2013 -94 A RESOLUTION DENYING A GARAGE SETBACK VARIANCE AT 912 ADELINE COURT WHEREAS, James and Deborah Povolny have applied for a variance to construct a garage addition within the required side yard setback at 912 Adeline Court [PIN: 27- 71275 -02 -260, South Ridge Plat, Lot 26, Block 2] as proposed in Planning Case 2013 -19; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this application at their regular meeting on October 22, 2013; and WHEREAS, the Planning Commission recommended that the City Council deny the variance as shown in Planning Case 2013 -19. NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council that a variance as proposed in Planning Case 2013 -19 is hereby denied with the following findings of fact: 1. The proposed garage addition setback encroachment is inconsistent with the intent of the ordinance to promote green space, preserve drainage and utility easement corridors, and minimize crowding between residential properties. 2. The majority of homes in the area have two -car garages, so maintaining the existing garage configuration with only two vehicle stalls allows for the continued reasonable use of the property. 3. The accommodation of a third vehicle stall could be provided if the garage were located farther toward the rear of the property or if additional lot area were acquired from the adjacent property owner in order to meet the setback without a variance. 4. While alternatives to the variance may be less convenient, the proposed encroachment into the required setback area constitutes an unreasonable use of the setback area. Adopted by the City Council of the City of Mendota Heights this fifth day of November, 2013. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST: Lorri Smith, City Clerk page 125 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231 .2555 Facsimile: 763.231 .2561 ptannersfcimacplanning.com MEMORANDUM TO: Mendota Heights Planning Commission FROM: Stephen W. Grittman DATE: October 15, 2013 MEETING DATE: October 22, 2013 SUBJECT: Variance for Garage Side Yard Setback; Variance for Covered Porch Front Yard Setback CASE NO: Case No. 2013 -19; NAC Case 254.04 — 13. APPLICANT(S): James Povolny LOCATION: 912 Adeline Court ZONING: R -1, Single Family Residential GUIDE PLAN: Low Density Residential (LR) Background and Description of Request: The applicant is proposing architectural alterations to the home exterior including the addition of dormers on the roof and the addition of a covered porch along the front of the home. The applicant is also proposing a garage addition to provide three full vehicle stalls. The existing garage is offset forward approximately 8 feet from the home fagade. The proposed covered porch will be 8 feet wide and run the length of the home, extending the roofline from the garage to the west side of the home. New dormers are proposed to vary the roofline above the garage doors and to mark the entrance to the home. page 126 The northwest corner of the covered porch encroaches into the required 30 foot front yard setback by approximately 1'4" with approximately 12.8 square feet of the porch extending beyond the front yard setback line. The applicants have submitted a request for a variance to allow for this encroachment. While Section 12 -1 D- 4.C.2.a. of the ordinance allows such encroachments via conditional use permit, the applicant has proceeded with a variance request in concert with the variance request made for the garage setback. The applicant is requesting a variance from the required side yard setback to accommodate the garage addition. The home was originally constructed with three garage doors, but only two and one -half vehicle stalls. The applicant states that this was due to inaccurate surveying measurements that resulted in the unusual configuration of the garage to meet setback requirements. The proposed garage addition will extend approximately 6.5 feet to the east side of the structure. This will accommodate new entry doors at the east end of the garage and provide three full vehicle stalls. However, the addition would encroach approximately 3'3" into the required 10 foot side yard setback with approximately 24.4 square feet of the structure extending into the side yard setback area. Analysis: When considering the variance from the setback requirements for the proposed covered porch and garage addition, the City is required to find that: (1) The applicant is proposing to use the property in a reasonable manner; and (2) The applicant's proposal faces practical difficulties in using the property in this manner due to circumstances that: a. Are unique to the property, b. Are not caused by the applicant, c. Are consistent with the purpose and intent of the City's plans and ordinances, d. Are not out of character with the locality, or neighborhood, in which the property is located. With regard to the covered porch, this may be considered a reasonable use of the property; however, meeting the front yard setback is possible with a different design and the conflict with the front yard setback is not a unique condition on this property. Nonetheless, staff recommends approval of the variance, since it would be consistent with the terms of the CUP requirements as identified below. The conditional use permit criteria for a covered porch that extends into a front yard setback is as follows: page 127 (1) Such structure may not extend into the front or side yard more than five feet (5'). Comment: This condition is met. The structure extends 1'4" into the front yard setback. (2) Such structure shall be limited in size to fifty (50) square feet. Comment: The covered porch will be approximately 360 square feet as it runs the entire length of the home with a depth of 8 feet. However, the portion of the structure encroaching upon the front yard setback is just 12.8 square feet, so this condition is met. (3) Such structure may not extend above the height of the ground floor level of the principal building. Comment: The area of the covered porch that extends into the front yard setback contains a small portion of the porch roof that is approximately the same height as the ground floor level of the principal building. This condition is met. With regard to the variance for the proposed garage expansion, in addressing the first finding, an attached garage for the storage of vehicles and equipment is a typical and reasonable use of property in the single family residential district. With regard to the second finding, the lot in question does not have any unique features when compared to other lots in the area, and other homes that take up the entire width of the lot would also not be allowed to expand into the setback area without being granted a variance. However, the applicant contends that the existing configuration of the garage was the result of a survey error when the home was originally constructed, and the home was always intended to have a full three -car garage. Unfortunately, that does not appear to be relevant to the conditions for variance approval. While the surveyor's mistake raised by the applicant may have resulted in an inability to eventually construct a third garage, it does not appear to have created conditions on the property that area unique or that are restricting reasonable (or common) use of the site. Side setbacks for structures are intended to ensure that green space exists between residential properties, and to accommodate the common drainage and utility easements along property lines. The proposed garage addition will leave 6'9" between the new garage wall and the property line at the farthest point of encroachment. The area of side yard encroachment is roughly aligned with the neighboring property's deck which is currently situated approximately 30 feet from the existing garage. The applicant could explore the possibility of purchasing the 3'3" of lot area needed from the adjacent property owner as long as that property's required setbacks were maintained. Under the existing conditions, the applicant can expand the garage width by about three feet toward the side property line and meet the setback requirement. This is not sufficient for creating a full three car garage, even with minimal separation between the vehicle stalls. Another option for meeting the required setbacks is to rebuild the garage page 128 portion farther back on the lot as the width of the lot is greater toward the rear. The front of the garage would need to be moved approximately 15 feet back if the current design were utilized, although this may impact other architectural features of the home and require a longer driveway. As to the character of the neighborhood surrounding the property, homes on Adeline Court have a mix of two- and three -car garages, with two -car garages being more prevalent. Action Requested: After a public hearing, the Planning Commission may consider one of the following alternative actions related to each of the application requests: Decision 1 — consideration of a variance from the front yard setback for a porch. 1. Approval of the variance from the front yard setback for the covered porch based on draft findings attached to this report. 2. Denial of the variance from the front yard setback requirement based on draft findings attached to this report. If the variance application is denied, the planning commission may recommend that the applicants file a request for a conditional use permit to allow for the front yard encroachment of the covered porch. Decision 2 — consideration of a variance to the side yard setback for a third garage stall. 1. Approval of the variance for the garage addition side yard setback as requested, based on draft findings attached to this report. 2. Denial of the variance for driveway setback, based on draft findings attached to this report. Staff Recommendation: Planning staff recommends approval of the variance for the covered front porch. As noted in the analysis, it would appear that the proposal would be allowed under the terms of the conditional use permit under Section 12 -1 D- 4.C.2.a. The proposed covered porch appears to meet the three conditions for granting the conditional use permit. Since the applicant was applying for a variance related to the garage setback, the applicant chose to seek a variance for this condition as well. The property is unique in that the partial cul -de -sac frontage and non - parallel side lot lines result in a condition where the covered porch meets (and in fact exceeds) the setback for the vast majority of the structure. The small encroachment is a minor portion of the porch cover, and as noted in the report, that project would meet the terms of the CUP provisions for this type of construction. page 129 Planning staff does not recommend approval of the variance for the proposed garage addition. The home and garage were constructed in their current configuration without the need for a variance in order to comply with required setbacks on the lot in question. The applicant may pursue other alternatives such as a relocation of the garage or the acquisition of additional property along the side yard in order to comply with required setbacks. As observed in the neighborhood, three -car garages are not the standard in the area, and although the home appears to have three vehicle stalls due to the presence of three overhead doors, this does not equate to the need for three full stall lengths within the structure. The western -most garage door could be removed and entry doors installed similar to what is indicated in the proposal to eliminate the appearance of a three -car garage. Supplementary Materials: 1. Application Materials dated 9/20/13 page 130 Draft Findings of Fact for Approval Povolny Covered Porch Setback Variance for Setback Encroachment 912 Adeline Court REVISED BASED ON PLANNING COMMISSION RECOMMENDATION 1 The proposed covered porch is a reasonable use of the subject property. 2. The cul -de -sac lot creates a condition where the front setback is curved to parallel the street and the current location of the home parallel to the west property line results in the encroachment when the roofline of the garage is extended to the west edge of the home in the proposed design. 3. The proposed covered porch can not be accommodated within the required setbacks without altering the design given the location of the garage offset from the existing home. 4. The setback encroachment is minimal, and is offset by areas of the same frontage in which the setback is greater than the requirement. 5. The encroachment as designed is not incompatible with the uses and character of the neighborhood or locale. 6. The request would have most likely been approved if brought forward as a conditional use permit. page 131 Draft Findings of Fact for Denial Povolny Covered Porch Setback Variance for Setback Encroachment 912 Adeline Court 1. The conditions resulting in the request for the variance are due to the actions of the applicant and the proposed covered porch could be redesigned to comply with front yard setback requirements. 2. There are no unique conditions present on this lot that could not be found on other lots in the city that present practical difficulties for meeting setback requirements. 3. An alternative to the variance exists that may allow the current design to be approved via the conditional use permit process for a covered porch that encroaches on the required front yard setback (Section 12 -1 D- 4.C.2.a.). page 132 Draft Findings of Fact for Approval Povolny Garage Setback Variance for Setback Encroachment 912 Adeline Court 1. The proposed garage expansion is a reasonable use of the subject property. 2. The proposed garage expansion will provide for three full vehicle stalls as the existing garage design appears to provide. 3. The proposed garage expansion can not be accommodated within the required setbacks due to the irregular shape of the lot and the angle of the existing home and garage relative to the east property line. 4. The setback encroachment is minimal, and is offset by areas of the garage in which the setback is greater than the requirement. page 133 Draft Findings of Fact for Denial Povolny Garage Setback Variance for Setback Encroachment 912 Adeline Court 1. The proposed garage addition setback encroachment is inconsistent with the intent of the ordinance to promote green space, preserve drainage and utility easement corridors, and minimize crowding between residential properties. 2. The majority of homes in the area have two -car garages, so maintaining the existing garage configuration with only two vehicle stalls allows for the continued reasonable use of the property. 3. The accommodation of a third vehicle stall could be provided if the garage were located farther toward the rear of the property or if additional lot area were acquired from the adjacent property owner in order to meet the setback without a variance. 4. While alternatives to the variance may be less convenient, the proposed encroachment into the required setback area constitutes an unreasonable use of the setback area. page 134 1101 Victoria .Curve I Mendota Heights, MN 55118 651.452459:ph0ne I G61.452i894Q fax Www,rnendpfa7heights,co.m CITY .9.F IMENDDTA HEIGHTS APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Case No. 7-0 l 3 _ 1 I Fee Paid 1 o u, o z) Date of Application t o / ti / i 3 Staff Initials Street Location of Property in Question: �'f � oZ -dill nc-, C . Applicant Name: 1c fvS ?b -\/°I . PH: ID,--/ 19-(0-7 39 ccfI 05f tiovvve„. E -Mail Address: s ydroU�.cew, Address: cild AfeJi1n(, Of, mr- AAdCf& 'kic MAl l/F Property Owner Name: 'cl-yeS `I ml6Int -1 Property Owner Address: S<�.1�, ei Legal Description & PIN of Property: (Complete Legal from Title or Deed must be provided) b �-L fZ ' a Q i �: — L 2-6 13 I riper 7 - 6 - 0 z-7-112--75" - Type of Request: Rezoning Conditional Use Permit Conditional Use Permit for P.U.D. Preliminary /Final Plat Approval Comprehensive Plan Amendment Variance Subdivision Approval Wetlands Permit Critical Area Permit Other: I hereby declare that all statements made in this request and on I further authorize City Officials and agents tonspect the above the additional material are true. property during daylight hours. -30-13 Signature of Applicant 1 C4--,-.--, L. Ignature of Owner Date -3n -13 Date Signature of Owner (if more th n s ne) Date page 135 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 (4 No ( ) Why or why not? 2. In our opinion, does the proposal put property to use in a reasonable manner? Yes ( No ( ) Why or why not? 3. Please describe the circumstances unique to the property (not created by you). S�a�J � ads P/Lo,,► 00 I) iccc -v c—a 6 %E ,5er- F CNTai tfoiJ s— Atk c,i-1or3 05 3 - c 6,. : ,e01.t144 06 ll'Jt i�9 AL Loly s7 C,� -t LL O tA) ST%.. --C A:2 7?5 c- t%40S-`g, (�T)e 4,2 1- 'Oa TIoP3 (A) ILL_ E 4+Acita 1255(D�A}C -e— o MU1 PO -e%1c)e S{� !Afro 4. In our opinion, will the variance, if granted, fit with the character of the neighborhood? Yes No ( ) Why or why not? 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. Variance Checklist (modified 09/2013) James and Deborah Povolny 912 Adeline Court Mendota Heights, MN 55118 651 -456 -0484 September 30, 2013 Mr. Nolan Wall City of Mendota Heights. 1101 Victoria Curve Mendota Heights, MN 55118 RE: Construction Renovation Variance Dear Mr. Wall, page 136 The purpose of the Variance is due to the garage deficiencies which were generated by inaccurate information provided by the initial surveyors when the property was developed in 1986. The garage was supposed to be designed as three car garage with single stall doors. Surveyors provided inaccurate information so the garage dimensions were changed and only two active stalls were constructed. The hardship of loss of one stall has hindered our use of the dwelling. The proposed garage expansion at the NE corner will extend into the setback in a triangulated area of approximately 21 SF measuring 14' in NS direction and 3' in EW direction. The porch addition will extend parallel with the garage dimension along the front of the house protrudes into the front setback NW corner 2' totaling approximately 3 SF of area. We respectfully request a variance for two areas of the property for the proposed expansions. es M. Povol esident Own 912 Adeline Court Date: 10/18/2013 0 25 SCALE IN FEET page /37 City of Mendota Heights TLSb'8Z£'TS9:D S£96'6S9'TS9 :d 80TSS eaoseuu!W 'Fled auieS enuan'p OWO� £QZZ Oeld a !s 3�lIl 133 HS BTTSS NW 's146iaH elopuaw ID au!�ap'' ZT6 NOIld I21JS3O 1J3CO d dV 033-1 VIV -IC uappeN H we!IIIM A9 O3OI 021d SONIMV2JO ro o a+ �i 1 ETOZ /e /OT SNOISIn3N £TOZ /O£/6 SNOISIn3N �� S1a311Haa p1 aQY 31VO A9 NOIldRIDS3a ' ON \ I I , , \'\.\ \ \ \ 3 J I�Ii 'f2 R 9 rye, 'R �•~ _ I �... '''r ' 1111 - 01 imlinni I -6 N O: Opp L �I n //(/'/// thi 1 �I,Ii 11 is ,..voll II BNRfii Mil r � ■...... OgC s tn ccs ors / -.. �, ° :� N aN 4 C6/ 533 '2.. 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(B) The printedNOTICE OF HEARING which is attached was cut from the columns of said newspaper, and as pri AY and published once day of 1 successive weeks; if was first published on the — week, for _ to and OCTOBER , 2013 , and was thereafter printed and published on every _____ including __._ —, the _day of 20 ; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: *ABCDEFGHIJKLMNOPQRSTUVWXYZ *ABCDEFGHIJKLMNOPQRSTUVWXYZ *abcdefghijklmnopgrstuvwxyz Subscribed and sworn to before me on this 7TH day of OCTOBER 20 13 Notary Public *Alphabet should be in the same size and kind of type as the notice. TONYA R. WHITEHEAD RATE INFORMATION Notary Pubic- MInnesata My Commission Expires Jan 31,2015 (1) Lowest classified rate paid by $25.00 per col. inch commercial users for comparable space (2) Maximum rate allowed by law for the above matter $25.00 per col. inch $ per col. inch BY: TITLE LEGAL COORDINATOR (3) Rate actually charged for the above matter 1/13 page 144 CITY OF MENDOTA HEIGHTS NOTICE OF HEARING A PUBLIC HEARING >ONA•': E = REQUEST FOR VARIANCES TO;CONSTRUCTGARAGE i. AND HOME ADDITIONS WITHIN THE SETBACKS TO WHOM IT MAY CONCERN. NOTICE is hereby glveti` that the Planning Commission ' of Mendota Heights will meet at 7:00 P.M., or as 4soon as possible thereafter, on Tuesday,; October 22, 2013 in the tCity Hall Council Chambers, 1101 r Victoria ;Curve, 'Mendota` Heights, Minnesota, to consider an from James "Povoiny for .variances to . construct garage and home additions at 912 Adeline Court. This request has been assigned ;Planning Case number 2013 =19. This notice is pursuant to Title' 12 (Zoning), Chapter'1 of the Mendota City Code. Such persons as desire to be heard with reference to this request will be heard at this meeting. Lorri Smith City Clerk (South -West Review: Oct. 6,;2013) . . page 145 912 Adeline Court - Public Hearing Notice 277127503110 1654 DIANE RD ALBERT L VOLKERS 277127502240 0 920 ADELINE CT ARNOLD TSTE DIVINE 277127502040 0 1680 CELIA RD BARBARA JEAN TSTE GLEWWE 277127500010 CITY OF MENDOTA HEIGHTS 0 278195000020 CITY OF MENDOTA HEIGHTS 277127502060 0 1664 CELIA RD ELISE C KINKEAD 277127502200 1637 DIANE RD GARY & BARBARA ZURN 277127503140 905 NINA CT GONZALO MARTINEZ 277127503100 0 1648 DIANE RD HUGO A RAMIREZ 277127502050 0 1670 CELIA RD I SCOTT JOSEPH 277127503130 277127502260 1668 DIANE RD OD 912 ADELINE CT DAKOTAS CHILDREN INC JAMES & DEBORAH POVOLNY 277127502080 277127502180 0 1650 CELIA RD IMP 924 RAE CT DAVID J & MARY C TST MILLER JOHN C & VICKI M GOHL 277127502030 277127502190 0 1684 CELIA RD 0 920 RAE CT DAVID T & YVETTE Q MULLEN JOHN K & DONNA B SAMELIAN 277127503080 277127503200 v 1634 DIANE RD 900 NINA CT DENNIS R & JEANETTE BROWN JONATHAN D & NATALIE WAGNER 277127503160 277127502070 891 NINA CT 1656 CELIA RD DOUGLAS J & HANNAH M HUBERTY KEVIN ] & PATRICIA A MAGUIRE Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. Dakota County assumes no legal responsibility for the information contained in this data. Map Scale 1 inch = 401 feet 9/27/2013 page 146 912 Adeline Court - Public Hearing Notice 277127502210 277127502270 909 ADELINE CT 0 908 ADELINE CT LAWRENCE & MONICA BRENGMAN RENEE BEDROS 278195002010 277127502250 906 BARBARA CT 916 ADELINE CT LEONARD W & CAROLE LEVINE RICHARD A & MICHELLE ZARMBINSKI ED 277127502230 277127503120 919 ADELINE CT 1660 DIANE RD MARY 30 ROTH RICHARD S PACE 277127502220 277127503210 915 ADELINE CT D 906 NINA CT MICHAEL & CANDICE MALINOFF RYAN C BURNS 277127503090 277127503170 1640 DIANE RD al 885 NINA CT MICHAEL & DALLOUL COURY SHELLEY PEILEN 277127503150 278195002020 897 NINA CT 898 BARBARA CT MURRAY M & LINDA KIEFFER STEWART 3 & TIFFANY HAFIZ 277127503190 894 NINA CT NATHAN R & CHINATSU HUBBARD En Disclaimer, Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. Dakota County assumes no legal responsibility for the information contained in this data. Map Scale 1 inch = 400 feet 9/27/2013 irvrol"' CITY OF MENDOTA HEIGHTS DATE: November 5, 2013 TO: Mayor, City Council and City Administrator FROM: Nolan Wall, AICP Planner 1101 Victoria Curve 1 Mendota Heights 651.452.1850 phone 1 651.452.89 www.mendota•heights.com page 147 8d. SUBJECT: Resolution Approving a Wetland Permit for vegetation removal and grading at 1562 Wachtler Avenue and 755 Wentworth Avenue BACKGROUND The applicant has applied for an after - the -fact Wetland Permit for vegetation removal and grading at 1562 Wachtler Avenue and 755 Wentworth Avenue. The project was completed in September and was identified by staff as not having the appropriate permits. The applicant lives at 777 Wentworth Avenue and received permission from his neighbors to complete the work on their property. Staff brought this application request forward because the project was conducted on multiple properties and in order to ensure the opportunity for a public hearing. According to the applicant, a mix of dead and dying elm and ash trees were removed in order to allow for continued growth of existing birch and maple trees within the 100 -foot wetland and water resource - related buffer area. Minor grading was also completed to create a new berm along the edge of the creek. Since the initial inspection and letter, the applicant has installed silt fence, seeding, and plantings within the buffer area. The Planning Commission conducted a public hearing at the October 22 meeting. A relative of the property owners at 1562 Wachtler Avenue testified that the scope of the project was greater than what may have been described initially when permission was granted to conduct the work on their property. The applicant responded to the comment at the public hearing and submitted a response for City Council review. BUDGET IMPACT N/A RECOMMENDATION The Planning Commission recommended approval of the Wetland Permit as described in Planning Case 2013 -20. If City Council desires to implement the recommendation, pass a motion adopting RESOLUTION 2013 -95 APPROVING OF THE WETLAND PERMIT FOR REMOVAL OF VEGETATION AND GRADING. This matter requires a simple majority vote. page 148 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2013 -95 A RESOLUTION APPROVING A WETLAND PERMIT FOR REMOVAL OF VEGEATION AND GRADING AT 1562 WACHTLER AVENUE AND 755 WENTWORTH AVENUE WHEREAS, Edward Sweeney, of 777 Wentworth Avenue, has applied for a wetland permit for removal of vegetation and grading at 1562 Wachtler Avenue and 755 Wentworth Avenue [PID 27- 03800 -32 -010, Auditor's Subdivision No. 3, Lot and Block 32 and PID 27- 03800 -33 -010, Auditor's Subdivision No. 3, Lot and Block 33] as proposed in Planning Case 2013 -20; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this application at their regular meeting on October 22, 2013; and WHEREAS, the Planning Commission recommended that the City Council approve the wetland permit as shown in Planning Case 2013 -20. NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council that a wetland permit as proposed in Planning Case 2013 -20 is hereby approved with the following finding of fact: 1. The project meets the intent of the Wetlands Systems Chapter of the City Code. 2. The project includes erosion and sediment control measures in compliance with the City's Land Disturbance Guidance Document. 3. Wild mix seeding will be planted in the first 25 feet of the water resource - related buffer area. 4. Erosion control measures will remain in place until vegetation is established. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that a wetland permit as proposed in Planning Case 2012 -20 is hereby approved with the following conditions: 1. Applicant establish and maintain a wild growth buffer area at least 25 feet wide between the creek and berm; 2. Approved, wild -mix seeding is planted within the buffer area this fall; and 3. Silt fence remains along the edge of the creek until the vegetation is properly established, as determined by the City's Engineering Department. Adopted by the City Council of the City of Mendota Heights this fifth day of November, 2013. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST: Lorri Smith, City Clerk irvrol""' CITY OF MENDOTA HEIGHTS DATE: TO: FROM: SUBJECT: APPLICANT: PROPERTY ADDRESS: ZONING /GUIDED: 60 -DAY DEADLINE: page 149 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota•heights.com October 22, 2013 Planning Commission Nolan Wall, AICP Planner Planning Case 2013 -20 — Wetland Permit Application Edward Sweeney 1562 Wachtler Avenue & 755 Wentworth Avenue R -1 One Family Residential /LR Low Density Residential November 30, 2013 DESCRIPTION OF THE REQUEST The applicant, who is the resident at 777 Wentworth Avenue, is seeking an after - the -fact Wetland Permit for removal of vegetation and grading at 1562 Wachtler Avenue and 755 Wentworth Avenue. The area of disturbance is within 100 feet of a wetland or water resource - related area and therefore requires a wetlands permit. Staff is bringing this application request forward for Planning Commission review and recommendation because the project was conducted on multiple properties and in order to ensure the opportunity for a public hearing. BACKGROUND On September 10, 2013, City Staff determined an extensive landscape project had taken place near 777 Wentworth Avenue. The property was inspected and the owner notified by letter of the Code violations and ordered to immediately cease work and address the erosion control and permitting issues. As part of the application process, it was discovered that the work requiring a wetlands permit was actually completed on 1562 Wachtler Avenue and 755 Wentworth Avenue. As a result, staff requested written statements from the applicant's neighbors to ensure appropriate permission was granted to complete the work on their property. Since the initial inspection and letter, the applicant has installed silt fence and will be seeding and planting within the buffer area this fall. ANALYSIS According to the applicant, a mix of dead and dying elm and ash trees were removed in order to allow for continued growth of existing birch and maple trees within the 100 -foot wetland and water resource - related buffer area. Minor grading was also completed to create a new berm along the edge of the creek. As shown on the applicant's drawing, the newly- created berm is setback approximately 25 -40 feet from the edge of the creek. Among the many purposes of the Wetlands Systems Chapter of the City Code is to provide for the protection and preservation of wetland and water resource - related areas and to ensure earthwork within the buffer area does not negatively impact surface water quality or create erosion issues. Removal of vegetation and grading are allowed within the buffer area with a permit and compliance with the City's page 150 Land Disturbance Guidance Document. After the initial notification and installation of erosion and sediment control measures by the applicant, the Engineering Department reviewed the improvements and recommended additional plantings in the buffer area to ensure compliance with the Land Disturbance Guidance Document. ACTION REQUESTED Following a public hearing, the Planning Commission may consider the following actions: 1. Recommend approval of the after - the -fact Wetlands Permit for removal of vegetation and grading within the 100' buffer area of a water resource - related area, based on the attached findings of fact, and subject to the following conditions: a. Applicant establish and maintain a wild growth buffer area at least 25 feet wide between the creek and berm; b. Approved, wild -mix seeding is planted within the buffer area this fall; and c. Silt fence remains along the edge of the creek until the vegetation is properly established, as determined by the City's Engineering Department. OR 2. Recommend denial of the Wetlands Permit, based on a finding the work was completed without an approved permit and will have negative impacts on the existing water resource - related area and is therefore inconsistent with the Wetland Systems Chapter of the City Code. OR 3. Table the request. STAFF RECOMMENDATION Staff recommends approval of the after - the -fact Wetlands Permit with the conditions listed above. The work completed is allowed with an approved permit and the applicant complied with the Engineering Department's request to address the erosion and sediment control measures after the initial inspection in September. The project appears to meet the intent of the Wetland Systems Chapter of the City Code and the additional seeding along the creek will ensure the surface water quality and natural habitat is not threatened. MATERIALS INCLUDED FOR REVIEW 1. Wetlands Permit Application, dated 9/27/2013 2. Cover Letter, including written acknowledgements from neighboring properties 3. Photos of disturbance area 4. Site location map 5. Grading Plan page 151 DRAFT FINDINGS OF FACT Sweeney Wetland Permit 1562 Wachtler Avenue and 755 Wentworth Avenue The following Findings of Fact are made in support of approval of the Wetlands Permit for Planning Case 2013 -20: 1. The project meets the intent of the Wetlands Systems Chapter of the City Code. 2. The project includes erosion and sediment control measures in compliance with the City's Land Disturbance Guidance Document. 3. Wild mix seeding will be planted in the first 25 feet of the water resource - related buffer area. 4. Erosion control measures will remain in place until vegetation is established. page 152 From: Edwardmsweenev To: Nolan Wall Subject: Re: 777Wentworth Date: Wednesday, October 30, 2013 11:30:38 AM To whom it may concern, After the Planning Commission meeting on Oct 22nd I contacted Kelly Minea, the owner of the property as well as the Trustee of the Minea Family Trust, just to make she was fully aware of everything that has transpired and is happy with the improvements. Kelly stated that she was good with everything, as was her sister Molly who lives in the home at 1562 Wachtler. She apologized for her uncle Tim, and said he was being himself and trying to watch out for her family. We both agreed, no harm, no foul. I also offered to plant more trees if, after next summer, either of us wanted additional coverage in view corridors. It was a very cordial exchange. I also think its important to point out to Council that the points Tim made. 1) Trees planted -17. Not a "handful" 2) heavy equipment was a Bobcat and a mini excavator for pulling roots. Professional, but not heavy grading equipment as described. 3) the trees removed from the Minea property were mostly Buckthorn, a couple of diseased elm, and a few Boxelder trees. The primary removal of trees was on my property to remove "canopy" in order to allow sunlight to the newly planted trees. In some ways, I agree with Tim and did not want to see the Boxelders go but the arborist was the final decision maker after all permissions were obtained. There were some Buckthorn and no trees removed from 755 Wachter, 5 evergreen and 3 birch planted. Respectfully, Ed Sweeney Sent from my iPhone On Oct 30, 2013, at 6:02 AM, Nolan Wall <nolanw @ mendota - heights.com> wrote: > Ed, > The items for the Council packet are due tomorrow. I was anticipating some additional information from you. If that's not the case, let me know. If you want something new included in the packet, please have it to me by tomorrow. > Thanks, > Nolan > Nolan Wall, AICP > Planner > City of Mendota Heights > 1101 Victoria Curve > Mendota Heights, MN 55118 > (651) 452 -1850 > (651) 255 -1142 (direct) > www.mendota- heights.com > Original Message > From: Edwardmsweeney [ mailto :edwardmsweeney@gmail.com] > Sent: Wednesday, October 23, 2013 9:47 AM > To: Nolan Wall page 153 > Cc: Ed Home > Subject: Re: 777Wentworth > Hi Nolan & John, I sincerely apologize for the surprise visit from the Mineas uncle Tim. I spoke with the owners, Kelly and Mark, before, during, and after the tree work was done on their /my property. Their input has always been positive and Never an adverse word been spoken. I will call Kelly this morning to confirm that she and Mark are still good with the project and inquire if they wish additional trees planted. We were very diligent to do a good job blocking the sight -lines between the two homes. (It was open for two weeks while the men were working). With regard to "heavy equipment"; a bobcat & a mini - excavator (used for pulling stumps), are not very "heavy" and were discussed with Kelly & Mark Minea prior to the start of the work. > Again, I sincerely apologize for any discomfort and /or inconvenience this may have caused. > I personally felt you both did a thorough and professional job thru -out this process and want to thank you for your kind assistance. > Warm Regards, > Ed Sweeney > Sent from my iPhone > On Oct 22, 2013, at 6:23 PM, Nolan Wall <nolanw @ mendota - heights.com> wrote: » Thanks, I will print for the meeting. » Nolan Wall, AICP » Planner » City of Mendota Heights » 1101 Victoria Curve » Mendota Heights, MN 55118 » (651) 452 -1850 » (651) 255 -1142 (direct) » www.mendota- heights.com » Original Message » From: Ed Sweeney [mailto:edwardmsweeney angmail.com] » Sent: Tuesday, October 22, 2013 6:10 PM » To: Nolan Wall; Ed Home » Subject: 777Wentworth » Hi Nolan, the grass along the creek berm is coming in nicely. » Thanks, » Ed Sweeney page 154 T k r C-1)-1 0 c r14 ci Re‘4,\ ; er1)0 �.-c-lc Ac- 1 a if)labaiv i V- rAi5.9 CIe iji L - 1E 0 \l Aj ALE- C.Sc3ods jek S rnY cs- ' tS ��. \--/e F5- o c J m w Ligfas A 7; („)c,1 02 -e erz-0A ti51; 12-enrcle-- A-"fd gke-- a„ne ACigggidAt 6' €C-,. A-1c es1,A -1W- -T 3amp ;du 3'i4Q L+ 4,,,lo( 5'o -E t-tvog_ &4 , 015 L (j oe-- (17 it2_6-eit d L4 (A ,-s (kc / tta 9,re ,Icfr i c d A'u'k AR eid5( fie frdo c- 111 /f5- 141. c c ,\ Att g65Per-i-C-0 1( page 155 Nolan Wall From: Kelly Trevenna <kelly.trevenna @gmail.com> Sent: Monday, September 30, 2013 10:08 PM To: Nolan Wall Cc: Gmail; Jamie Minea Subject: Re: FW: Wetland Permit Application Nolan, We understand that Mr. Sweeney is applying for a permit for the work done at 1562 Wachtler Avenue. This email is written permission to plant trees on our property. Please let me know if you have any questions or need anything else. Thank you, Kelly Trevenna on behalf of Minea Family LLC 1562 Wachtler Avenue Mendota Heights, MN 55118 On Mon, Sep 30, 2013 at 9:51 PM, Gmail <edwardrnsweeney@gmail.corn> wrote: Ed Sweeney 714 -350 -6794 edwardmsweeney@gmail.corn From: Nolan Wall [ mailto :nolanw @mendota- heights.corn] Sent: Friday, September 27, 2013 6:53 AM To: Ed Sweeney (edwardmsweeney @ gmail.com) Cc: John R. Mazzitello Subject: Wetland Permit Application Mr. Sweeney, r page 156 After reviewing your submittal and as a result of the work done on your neighbor's properties, we'll need written statements from both 755 Wentworth and 1562 Wachtler regarding this application. An email or letter stating that you acted with their permission and are authorized to apply on their behalf is acceptable. The application materials you submitted yesterday are adequate. The application deadline is Monday, so please try and have the letters or emails to us by then. Let us know if you have any questions. Thanks, Nolan Nolan Wall, AICP Planner City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55:118 (651) 452 -1850 (651) 255 -1142 (direct) www.mendota- heights.com 2 page 157 Nolan Wall From: Edwardmsweeney <edwardmsweeney @gmail.com> Sent: Tuesday, October 01, 2013 4:40 PM To: Nolan Wall Subject: Fwd: Planting of trees on the southwest corner of 755 Wentworth Sent from my iPhone Begin forwarded message: From: Dave Williams <dave@oakgrovecap.com> Date: October 1, 2013, 12:13:04 PM PDT To: "edwardmsweeney@gmail.com" <edwardmsweeney@gmail.com> Subject: Planting of trees on the southwest corner of 755 Wentworth As we discussed earlier this summer, you have my permission to plant some trees on the southwest corner of my property that is adjacent to your property. As you stated, you will bear the expense of planting and maintaining the trees even though they are on my property. Thanks, Dave Y1 r i'IrhL role David Williams Chief Executive Officer Oak Grove Capital 2177 Youngman Avenue - Suite 100 St. Paul, MN 55116 T 651 - 603 -5055 F 763 - 656 -4440 dave @oakgrovecap.com oakgrovecap.com 1 page 158 Figure 1: Disturbance area along creek — noncompliant erosion control Source: City of Mendota Heights (9/10/2013) Figure 2: Disturbance area along creek — noncompliant erosion control Source: City of Mendota Heights (9/10/2013) page 159 Figure 3: Disturbance area along creek — appropriate erosion control installed by applicant Source: Applicant (9/26/13) Figure 4: Seed to be planted by applicant along creek Prevents Soil Erosion Quick Germination Source: Applicant Figure 5: Buffer area growth — as of 10/22/13 page 160 Source: Applicant (10/22/13) 2013 -20: Sweeney Wetland Permit 1562 Wachtler Avenue 755 & 777 Wentworth Avenue Date: 10/18/2013 0 60 SCALE IN FEET Nays 101 City of Mendota Heights Z9Z Q, JH LL rJ 9; page 163 Affidavit of Publication State of Minnesota SS County of Dakota ANNE THILLEN , being duly sworn, on oath, says that he /she is the publisher or authorized agent and employee of the publisher of the newspaper known as SOUTH -WEST REVIEW , and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printedNOTICE OF HEARING which is attached was cut from the columns of said newspaper, and was printed and published once each week, for 1 successive weeks; it was first published on SUNDAY , the 6TH day of OCTOBER , 2013 , and was thereafter printed and published on every to and including , the day of , 20 ; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: *ABCDEFGHIJKLMNOPQRSTUVWXYZ *ABCDEFGHIJKLMNOPQRSTUVWXYZ *abcdefgh ijkimnopq rstuvwxyz Subscribed and sworn to before me on s 7TH day of OCTOBER 20 3 Notary Public BY: TITLE LEGAL COORDINATOR *Alphabet should be in the same size and kind of type as the notice. TONYA R.WHITEHEAD Notary Public-Minnesota My Commission Expires Jan 31,2015 (1) Lowest classified rate paid by commercial users for comparable space $25.00 per col. inch $25.00 per col. inch RATE INFORMATION (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter $ per col. inch 1/13 / , EN.DO. Till: IIHTt ' PERMIT TO REMOVE t 1562 VVACHTLER AVENUE .. RN: TO WHOM IT MAY CONCE , NOTICE Is hereby' g that the Heights will meet at 7n:(30of1".MM.e,nodroaas 'i Wetland Pernlit to remove . vegetation at 13h62 W achtler Avenue. This request as been assigned Planning Case number 3013-30. ..- This notice is pursuant to Title 12 t (Zoning), Chaptder.1 of the Mendota ., Heights CitY Co e Sach Persons as t desire to be heard with referencethto ,, thmeisetrinegquest will ,.be heard at ,. is page 164 page 165 1562 Wachtler Avenue - Public ,-- 1edring Notice 271715007010 Q 798 UPPER COLONIAL DR. ALLEN L & MAUREEN A WESLANDER 270380036061 800 WENTWORTH AVE ANDREW SHOAF 275660004250 1570 PARK CIR ANNETTE C TSTE & RIC CONKLIN 275660004210 0 1560 PARK CIR BRADLEY 3 & MARGARET SCHAFER 271715006150 785 UPPER COLONIAL DR. CALVIN C & NANCY HERBERT 275660004150 1561 PARK CIR CHRISTOPHER & C M SCHNEEMAN 278365001030 774 WENTWORTH AVE W CHRISTOPHER & SANDRA MCGOWN ri 270230007032 CITY OF MENDOTA HEIGHTS in 270370001010 CITY OF MENDOTA HEIGHTS 275660004140 E' 848 PARK PLACE DR. DANIEL & MILISSA HICKEY 271715007020 al 792 UPPER COLONIAL DR DANIEL 3 & MARY 3 SCHNEEMAN 0 D 0 0 275660004240 1566 PARK CIR DAVID L & LYNDA M BERGESON 270380033010 755 WENTWORTH AVE DAVID WILLIAMS 271715007040 780 UPPER COLONIAL DR DEAN B SIMMONS 271715006120 769 UPPER COLONIAL DR JAMES R & KATHLEEN DOUGLAS 270380035010 777 WENTWORTH AVE W JEREMY TSTE SWEENEY 271715006160 791 UPPER COLONIAL DR JERROLD A & BONITA ANDERSON 271715006170 1474 WACHTLER AVE JERRY A & SUE E SCHWARTZ 271715007030 786 UPPER COLONIAL DR JOHN E & MARY JO TROJACK 278365001010 LEONID VAYNBERG Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. Dakota County assumes no legal responsibility for the information contained in this data. Map Scale 1 inch = 409 feet 10/1/2013 page 166 1562 Wachtler Avenue - Public Hearing Notice 31 22 1 32 .. -in"I At 30 27 34 c� 275660004230 1564 PARK CIR LESLIE 3R & KIMBERLY LARSON 271715006130 773 UPPER COLONIAL DR MICHAEL 3 TSTEE HARRINGTON 278365001020 0 780 WENTWORTH AVE W ROBERT A MCGOWN 270380036051 790 WENTWORTH AVE RUSSELL T RIDER 270380032010 271715007050 1562 WACHTLER AVE 776 UPPER COLONIAL DR MINEA FAMILY LLC SHERRY A SPENCE 270230007042 271715006140 861 PARK PLACE DR co 779 UPPER COLONIAL DR PATRICIA MELENDEZ STANLEY & CAROL LANGE 27566000402.0 275660004220 0 806 PARK PLACE DR ca 1562 PARK CIR PATRICK B & ANNETTE CUNNINGHAM STEVEN 3 & KATHRYN A KAREL 270230007031 270230007041 1595 WACHTLER AVE 855 PARK PLACE DR REBECCA JANE REHPOHL SUE ANN BOOK 271715007060 271715007083 770 UPPER COLONIAL DR 766 UPPER COLONIAL DR RICHARD S & ESTHER L GILLMAN TAD C & SUSAN K ANZION Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. Dakota County assumes no legal responsibility for the information contained in this data. Map Scale 1 inch = 408 feet 10/1/2013 4y t, w o ` 275660004230 1564 PARK CIR LESLIE 3R & KIMBERLY LARSON 271715006130 773 UPPER COLONIAL DR MICHAEL 3 TSTEE HARRINGTON 278365001020 0 780 WENTWORTH AVE W ROBERT A MCGOWN 270380036051 790 WENTWORTH AVE RUSSELL T RIDER 270380032010 271715007050 1562 WACHTLER AVE 776 UPPER COLONIAL DR MINEA FAMILY LLC SHERRY A SPENCE 270230007042 271715006140 861 PARK PLACE DR co 779 UPPER COLONIAL DR PATRICIA MELENDEZ STANLEY & CAROL LANGE 27566000402.0 275660004220 0 806 PARK PLACE DR ca 1562 PARK CIR PATRICK B & ANNETTE CUNNINGHAM STEVEN 3 & KATHRYN A KAREL 270230007031 270230007041 1595 WACHTLER AVE 855 PARK PLACE DR REBECCA JANE REHPOHL SUE ANN BOOK 271715007060 271715007083 770 UPPER COLONIAL DR 766 UPPER COLONIAL DR RICHARD S & ESTHER L GILLMAN TAD C & SUSAN K ANZION Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. Dakota County assumes no legal responsibility for the information contained in this data. Map Scale 1 inch = 408 feet 10/1/2013