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2014-09-16 Council Packet CITY OF MENDOTA HEIGHTS CITY COUNCIL AGENDA September 16,20147:00 pm Mendota Heights City Hall 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Adopt Agenda 5. Consent Agenda a. Approval of September 2, 2014 City Council Minutes b. Approval of September 2,2014 City Council Workshop Minutes c. Acknowledgment of September 9, 2014 Parks and Recreation Commission Minutes d. Acknowledgment of September 10, 2014 Airport Relations Commission Minutes e. Approval of Personnel Action Report f. Approval of Resolutions 2014-53 and 2014-54,Donations to the Police Department g. Receipt of 2014 Building Activity Report h. Approval of Claims List i. Approval of Contractors List 6. Public Comments 7. New and Unfinished Business a. Ordinance 468, Allowing Motorized Watercraft on Rogers Lake b. Resolutions 2014-55, 2014-56, 2014-57, Preliminary 2015 Tax Levy and Budget c. West St. Paul Ice Arena Letter of Support 8. Community Announcements 9. Council Comments 10. Adjourn page 2 5a. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, September 2, 2014 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Krebsbach called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Duggan, Povolny, and Petschel. Councilmember Norton was absent. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Krebsbach presented the agenda for adoption. Councilmember Duggan moved adoption of the agenda. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 CONSENT CALENDAR Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and approval. Councilmember Duggan moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein, pulling items d)Approval of Personnel Action Report, h) Approval of Annual Contribution to the Mendota Heights Athletic Association, i), Approve Appointment of Permanent Firefighters, k)Accept Resignation of Planning Commission Robin Hennessy,l)Approval of Resolution 2014-48 Conditional Use Permit for Upgrades to Wireless Antenna Tower at 1196 Northland Drive, and m)Approval of Resolution 2014-49 Conditional Use Permit for Upgrades to Wireless Antenna Tower at 894 Sibley Memorial Highway. a.Approval of August 19, 2014 City Council Minutes b.Approval of August 19, 2014 City Council Workshop Minutes c.Acknowledgement of August 26, 2014 Planning Commission Minutes d.Approval of Personnel Action Report e.Award Contract for 2014 Street Striping Project f.Accept July 2014 Fire Department Synopsis Report September 2, 2014 Mendota Heights City Council Page 1 page 3 g.Approval of City Administrator Out-of -State Travel Request h.Approval of Annual Contribution to the Mendota Heights Athletic Association i.Approve Appointment of Permanent Firefighters j.Approval of Temporary On-Sale Liquor License for St. Thomas Academy k.Accept Resignation of Planning Commission Robin Hennessy l.Approval of Resolution 2014-48 Conditional Use Permit for Upgrades to Wireless Antenna Tower at 1196 Northland Drive, Planning Case 2014-23 m.Approval of Resolution 2014-49 Conditional Use Permit for Upgrades to Wireless Antenna Tower at 894 Sibley Memorial Highway, Planning Case 2014-24 n.Approval of July 2014 Treasurer's Report o.Approval of Claims List Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 PULLED CONSENT AGENDA ITEM D)APPROVAL OF PERSONNEL ACTION REPORT Assistant to the City Administrator Tamara Schutta reviewed the three items listed in the Personnel Action Report. Sue Donovan completed her one-year probation for her promotion to IT Manager and staff recommended she be formally appointed to the full-time position.Nolan Wall has completed his one-year probation as Planner and staff recommended he be formally appointed to the full-time position. Contingent upon the results of a background check, staff requested the Council appoint Nicholas Courteau as a Mechanic. Councilmember Duggan moved to approve the actions as requested in the Personnel Action Report. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 H) APPROVAL OF ANNUAL CONTRIBUTION TO THE MENDOTA HEIGHTS ATHLETIC ASSOCIATION (MHAA) Mayor Krebsbach noted that prior to this meeting the Council held their budget workshop and discussed athletic association. She pointed out that the City does make an annual contribution of $10,000 to MHAA. allocating this money towards a specific use. MHAA has provided invoices detailing what their annual insurance premiums are. This donation would help off-set those costs. September 2, 2014 Mendota Heights City Council Page 2 page 4 Councilmember Duggan commented that it was at the request of Councilmember Povolny that the Council examine in more detail expenses to enable a better understanding. Councilmember Duggan moved to approve a payment of $10,000 to the Mendota Heights Athletic Association. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 I)APPROVE APPOINTMENT OF PERMANENT FIREFIGHTERS Councilmember Duggan stated that the City is blessed with one of the more outstanding volunteer fire departments in Minnesota. With the volunteers from the community and nearby, the City saves a lot of money. He applauded Cory Lane, Pete Madland, George O'Gara, and David Winge for being accepted into the Fire Department. st The Fire Department will hold a bonfire on October 31. Council member Duggan encouraged the residents to come recognize the entire department for their service to the community. Councilmember Duggan moved to approve the permanent appointments of Cory Lane, Pete Madland, George O'Gara, and David Winge as firefighters effective September 19, 2014. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 K) ACCEPT RESIGNATION OF PLANNING COMMISSION ROBIN HENNESSY Councilmember Duggan noted that community residents volunteer to serve on various commissions of the City. He extended his appreciation to Ms. Robin Hennessy for her time on the Planning Commission and his sadness to see her leaving the community. He encouraged the residents to seek out Councilmember Petschel asked if Planner Nolan Wall was comfortable with the position remaining vacant until February 2015. Planner Wall replied in the affirmative. Councilmember Petschel noted that the City would also be losing her husband, Joel Hennessy, who is a former member of the Airport Commission and a former volunteer firefighter. Councilmember Duggan moved to accept Commissioner Hennessy's resignation, effective September 30, 2014 and to delay the appointment of a new planning commission member until February 2015. Councilmember Povolny seconded the motion. Ayes: 4 September 2, 2014 Mendota Heights City Council Page 3 page 5 Nays: 0 Absent: 1 L) APPROVAL OF RESOLUTION 2014-48 CONDITIONAL USE PERMIT FOR UPGRADES TO WIRELESS ANTENNA TOWER AT 1196 NORTHLAND DRIVE, PLANNING CASE 2014-23, AND M) APPROVAL OF RESOLUTION 2014-49 CONDITIONAL USE PERMIT FOR UPGRADES TO WIRELESS ANTENNA TOWER AT 894 SIBLEY MEMORIAL HIGHWAY, PLANNING CASE 2014-24 Planner Nolan Wall briefly reviewed both Planning Case 2014-23 and Planning Case 2014-24 as they were very similar. Planning Case 2014-23 SAC Wireless SAC Wireless, on behalf of AT&T, requested a Conditional Use Permit for wireless antenna facility upgrades to the existing facility at 1196 Northland Drive. The intent is to increase the data and call capacity on the existing service area. The upgrades consist of additional and relocated antennas and associated equipment. The height of the tower will not be increased and the exterior of the accessory structure will not be modified. The subject parcel is owned by the City of Mendota Heights and AT&T operates under a lease agreement. Councilmember Duggan moved to adopt RESOLUTION 2014-48 APPROVING A CONDITIONAL USE PERMIT FOR UPGRADES TO A WIRELESS ANTENNA FACILITY AT 1196 NORTHLAND DRIVE based on the Findings of Fact and Conditions as stated in the resolution. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 Planning Case 2014-24 SAC Wireless SAC Wireless, on behalf of AT&T, requested a Conditional Use Permit for wireless antenna facility upgrades to the existing facility at 894 Sibley Memorial Highway. The intent is to increase the data and call capacity on the existing service area. This parcel is located within the Mississippi River Corridor Critical Area; however, in consideration of past approvals for this tower and additional upgrades and no changes being made to the ground area, staff did not require a Critical Area Permit for this request. The upgrades consist of additional and relocated antennas and associated equipment. The height of the tower will not be increased and the exterior of the accessory structure will not be modified. The subject parcel is owned by the City of Mendota Heights and AT&T operates under a lease agreement. September 2, 2014 Mendota Heights City Council Page 4 page 6 Councilmember Povolny moved to approve RESOLUTION 2014-49 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR UPGRADES TO A WIRELESS ANTENNA FACILITY AT 894 SIBLEY MEMORIAL HIGHWAY based on the Findings of Fact and Conditions as stated in the resolution. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 Councilmember Petschel asked if this would improve the reception for the residents in the two areas. Mr. Christopher Rohr, Zoning & Permitting Specialist at SAC Wireless replied that the upgrades would not increase the coverage area, but it would increase the capacity that the cell tower can handle. PUBLIC COMMENTS Mr. Mike Magnuson, President of the Sibley Area Youth Hockey Association, noted that the association is fully supportive of the refurbishing of the West St. Paul Ice Rink. As an association he stated they are working very closely with the Sibley Booster Club and how they allocate their funds, as well as their own association budget. The association is going through some pressures of their own and is taking a much more aggressive approach with multiple fundraisers. They are hopeful the Council will move forward in their support of the refurbishing of the ice rink. Mr. Jed Taylor, 670 Maple Park Drive, requested that the Council consider changing the restrictive beekeeping directives. According to the newspapers, other communities have done this and it is important that everyone try to help to maintain the bee population. As a gardener, he looks to see what is pollinating his plants and there are fewer and fewer honey bees pollinating. Councilmember Duggan suggested this item be added to an upcoming workshop session. Mr. Ted Kronschnabel, 2272 Fieldstone Drive, requested that the Council support finding a way to join a partnership in renovating the West St. Paul IceArena.The children of Mendota Heights need a place to skate. It is time for the City of Mendota Heights to show their support of the hockey associations as the children population is growing and they need a place to skate. Ms. Jocelyn Hechtl, 2491 Pondhaven Circle, stated she believes the delay needs to stop as the deadline for the grant application is October 1. Without the grant there would be more money that would need to be raised. Ms. Laurie Tostrud, 1490 Somerset Court, noted that the hockey rink is not something for a school referendum but is something that a City provides for their residents. For the City to use 10% of their reserve funds is a reasonable risk West St. Paul and the school board are using their reserves and taking that risk for the community. She requested that the Council give their support to the refurbishing of the West St. Paul Arena. Mr. Ted Cheesebrough, 880 Cheri Lane, questioned if this is not the sort of thing a reserve account is kept for. He urged the Council to give their support for the hockey arena. September 2, 2014 Mendota Heights City Council Page 5 page 7 Mr. Patrick Fitzgerald, on the board of directors for the association, addressed the overall sense of urgency. The deadline of October 1 has been mentioned; however, the reality is that there may not be an association in two years if there is no rink. Mr. Ryan Shirk, 905 Mendakota Court, expressed his support of the hockey arena. One of the things that make this a great community is the love of hockey. To refurbish the existing rink is a small price to pay. Councilmember Petschel commented that this is not the first time that residents have come before the Council on this issue. She commended this group and this community for all of the comments. Mayor Krebsbach echoed Councilmember comments and noted that she found the comments she received over the last weekend energizing. The Council will continue to work on this issue. Councilmember Duggan commented on the tenure of the emails he received as being amazing. NEW AND UNFINISHED BUSINESS A) PLANNING CASE 2014-21, WETLANDS PERMIT AT 667 IVY FALLS COURT, APPROVE RESOLUTION 2014-47 Planner Nolan Wall explained that the applicant was seeking a wetlands permit to remove vegetation and construct various improvements at 667 Ivy Falls Court. The subject parcel is 0.68 acres, contains an existing single family dwelling abutting a tributary stream to Ivy Falls Creek. The property is zoned R-1 and guided for low density residential development on the Comprehensive Plan. The proposed project includes a 720 square foot pool, a sport court, landscaping and sod, an ornamental fence, a deck that would go with the pool, a 20-foot diameter fire pit paver/patio, and a boulder wall. Those proposed activities are within 100 feet of the water resource related area and do not meet the conditions for administrative approval. The wetlands chapter requires a permit for vegetation removal and construction within the wetland or water resource related area. Planner Wall explained the landscape plan. He noted that final grading and erosion control plans would be reviewed as part of the building permit application. Staff stated that the distance of the proposed improvements from the stream, and the limited land disturbance that is within the 25-foot buffer area, satisfies the intent of the code. Staff recommended approval of this application with conditions. Mayor Krebsbach stated that she would not be in support of this as the City spent $1.4M to restore the shore of Ivy Creek in the 1990s and the individual residents spent approximately $3,500 each. She believed this was too much of an encroachment and deviation of the standard. Her comment was no Councilmember Duggan stated that he believed that none of the $1.4M that was spent to restore the area was spent on this specific area. He would be in support of this application as it would be a huge improvement to the community. September 2, 2014 Mendota Heights City Council Page 6 page 8 Councilmember Petschel asked if any concerns had been raised by neighbors. Planner Wall replied that some property owners did provide comments at the public hearing and that most of their concerns had been addressed. Mainly, there was confusion on what a wetlands permit could and could not do and what would be permitted and not permitted in a wetlands area. He stated that staff is confident that the improvements would not negatively impact the water resource system. Mayor Krebsbach asked for confirmation that there would be staff supervision of the removal and replanting of vegetation in the wetland area. Planner Wall confirmed. Mr. Jed Taylor, 670 Maple Park Drive, stated that his property looks onto the subject parcel. His concern was the potential activity around the fire pit. He also noted that this would be the first pool to be installed on this section of the creek. If this request were approved, there could be other requests for pools in this area. He summarized his concerns as being the fire pit, the potential for entertainment in the area becoming a nuisance, and the installation of a pool. Mr. Taylor also requested that the following be considered if this application were to be approved - removal of the cottonwood trees that are close to the fire pit; the pool equipment be located in the basement to preserve it,to require less suction to draw the water up, and to make it quieter; a drainage plan for the pool be underground; and a saline pool be recommended. Mr. Tom Christ, on behalf of the owners and as the landscape designer, clarified the location of where most of the land disturbance would take place, the location of the proposed pool, which vegetation items would be removed, the location and possible reduction in the size of the fire pit, the location of the retaining wall, and the reasons for removing some of the vegetation beyond the sports area. Councilmember Duggan moved to adopt RESOLUTION 2014-47 APPROVING A WETLANDS PERMIT AT 667 IVY FALLS COURT based on the findings of fact and conditions as stated in the resolution. Councilmember Povolny seconded the motion. Councilmember Duggan asked for staff to comment on the fact that the fire pit would not contain a wood fire but a gas fire. City Engineer John Mazzitello replied that this is something the fire marshal would review at the time of the building permit application as far as the distance from any structures or trees. The fact that it is a controllable gas flame may play into what those distances are versus an open wood fire. Councilmember Duggan also asked if the fire marshal would require a water hose and an adult attendant when the gas fire pit was in use. City Administrator Justin Miller stated that all of that would be part of the review of the building permit. Planner Wa He was uncertain if staff or the Council could ask or require him to remove any additional vegetation. It ith the code requirements in relation to the wetlands permit. This approval would allow the property owner to move forward with the building permit process. September 2, 2014 Mendota Heights City Council Page 7 page 9 Mayor Krebsbach requested that Planner Wall, for future applications, review the documentation regarding the Ivy Falls Creek and the history of the restoration. Ayes: 3 Nays: 1 (Krebsbach) Absent: 1 B) REVIEW OF PROPOSED GAS AND ELECTRIC UTILITY FRANCHISE AGREEMENTS Councilmember Duggan noted that this item was discussed at the workshop and a delay was indicated; he then asked if this item should be considered now. City Administrator Justin Miller explained that at the workshop meeting the Council discussed franchise fees as part of the budget discussion. Before the Council at this time were two documents; the franchise agreement, which Xcel Energy would prefer to have with the City whether or not a franchise fee was in place; and also a franchise fee for the citizens as well. If the Council desires they could still move forward with the actual franchise agreements, which would not include the fees, but would be a contract between the City and Xcel Energy. The City has had them in the past but does not have one currently. It would formalize agreements and the way the City would do business with the utility. There is not a timeline on this and it does not need to be in place other than formalizing the relationship with the utility. Mayor Krebsbach requested that this not proceed at this time as the Council decided they would like more time to notify the residents and businesses that this is something the Council may consider for next year. Councilmember Duggan moved to table the REVIEW OF PROPOSED GAS AND ELECTRIC UTILITY FRANCHISE AGREEMENTS. Mayor Krebsbach seconded the motion. Ayes: 4 Nays: 0 Absent: 1 C) 2014 BOND ISSUE AND REFUNDING Finance Director Kristen Schabacker explained that this was the beginning of the process of bonding for the Victoria Road and Rolling Green Neighborhood improvement project. Ehlers & Associates would assist the City with the bond sale. The City would be issuing $1,050,000 General Obligation Improvement Bonds for these street projects with a term of 20 years. The 2007 Improvement Bonds are eligible to be called and refunded. By refunding these bonds the city will save approximately $151,400 in interest over the remaining 13 years of the bonds. The city would be issuing $900,000 for the refunding of these bonds. September 2, 2014 Mendota Heights City Council Page 8 page 10 Councilmember Duggan moved to adopt RESOLUTION 2014-51 RESOLUTION PROVIDING FOR THE SALE OF $1,050,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2014A. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 Councilmember Petschel moved to adopt RESOLUTION 2014-52 RESOLUTION PROVIDING FOR THE SALE OF $900,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2014B. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 COMMUNITY ANNOUNCEMENTS Assistant to the City Administrator Tamara Schutta made the following announcements: The Fire Department is accepting applications for firefighters. Orientation sessions will be held on Tuesday, September 9, 2014. th The 15 Annual Wacipi Pow Wow is September 12 14, 2014 at the St. P School started on September 2, 2014 and fall is not far away. The last Concert in the Park for the season will be held on Friday, September 12, 2014. ive music, fundraiser, auction, and raffle for the Patrick family. COUNCIL COMMENTS Mayor Krebsbach asked for an update on the street reconstruction. City Engineer John Mazzitello stated that the street reconstruction project is proceeding according to schedule and will be substantially complete by September 27, 2014. The assessment hearing is scheduled for the first meeting in October. Most of the grading in the Rolling Green Neighborhood has been completed and they should be expecting asphalt within the next week. The Highway 13 portion in Lilydale has been reclaimed and repaved. They are finishing stormwater installation and should be laying curb on Victoria within the week. Councilmember Petschel asked about the state of the trail under Highway 13, which had been closed because of a mudslide. Engineer Mazzitello answered that the first mudslide of the summer closed the Big Rivers Regional Trail and he did not believe that it had been reopened yet. Councilmember Duggan passed along compliments he received from residents on the handling of the Victoria reconstruction. September 2, 2014 Mendota Heights City Council Page 9 page 11 Councilmember Povolny stated that he has lived in Mendota Heights for 30 years and noted how things have changed and how traffic has increased. Engineer Mazzitello noted that the MSA street counts were completed this past summer and they should have the results shortly. Councilmember Duggan noted that Ira Kipp expressed an interest in the idea of a library in Mendota Heights. He also shared an image of a window cling created and donated by BT Design, available for a $5 donation of which 100% would be donated in honor of slain Police Officer Scott Patrick. Chief of Police Michael Aschenbrener shared information regarding the committee set up to explore the creation of a memorial. Councilmember Duggan also noted that the 2014 Service to Humanity Gala, which is United Hospitals, lists several residents of Mendota Heights as recipients of the Service to Humanity Award, including Moe Sharifkhan, Vic Corbin, Gary Cravats, and others. Mayor Krebsbach expressed her appreciation to everyone for the workshop that was held and the resolutions will be brought forward at the next meeting. She also noted that school started today and she hopes everyone had a good day. ADJOURN Councilmember Petschel moved to adjourn. Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 Absent: 1 Mayor Krebsbach adjourned the meeting at 8:31 p.m. ____________________________________ Sandra Krebsbach Mayor ATTEST: _______________________________ Lorri Smith City Clerk September 2, 2014 Mendota Heights City Council Page 10 page 12 5b. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Council Workshop Held Tuesday, September 2, 2014 Pursuant to due call and notice thereof, a workshop of the City Council, City of Mendota Heights, Minnesota was held at 5:30 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Krebsbach called the meeting to order at 5:30 p.m. The following members were present: Councilmembers Duggan, Petschel, and Povolny. Council member Norton was absent. City staff inattendance included City Administrator Justin Miller, Assistant to the City Administrator Tammy Schutta, City Engineer/Public Works Director Mazzitello, Finance Director Kristen Schabacker, Police Chief Mike Aschenbrener, Fire ChiefJohn Maczko, IT Manager Sue Donovan, Planner Nolan Wall, and City Clerk Lorri Smith. 2015DRAFT BUDGET REVISIONS AND TAX LEVY DISCUSSION Administrator Miller presented the draft budget revisions for adding an additional sergeant to the police department and the budget impact that would have. The position would be added mid-year and would increase the overall tax levy increase from 4.34% to 5.01%. This position would provide the department with additional supervision. By general consensus, the Council was in favor of the additional sergeant position and including it in the preliminary budget. The Council discussed the implementation of gas and electric franchise fees, and the possibility of dedicating that revenue towards existing debt which would lower the levy. The Council reviewed information provided showing how the various proposals would impact taxes for residents and businesses. By general consensus, the Council was not in favor of proceeding with the franchise fees ordinance at this time. They did express an interest in exploring this further and will discuss it in more detail at their goal setting workshop in 2015. The Council discussed the renovation of the ice arena in West St. Paul and making a contribution towards that project. The project would be a joint effort with the City of West St. Paul and ISD #197. The renovations are estimated to cost between $1.3 and $1.8 million. A commitment letter is needed by st in order to apply for a $200,000 State of Minnesota grant. October 1 The Council members stressed the importance that, if approved, this would be a one-time contribution and would not include on-going yearly expenses for the arena. page 13 The Council discussed possibility of taking the contribution from the General Fund reserves and how that might impact the City’s bond rating. They asked how much bonding for the contribution would cost and would increase the city’s costs. The Council discussed the possibility of making yearly payments for the contribution over a set number of years. The membersdiscussed a possible Joint Powers Agreement and making sure that the renovation costs do not include locker rooms or score board improvements. Administrator Miller will do further research and return to the Council with answers to their questions. ADJOURN Mayor Krebsbach adjourned the meeting at 6:45 p.m. ____________________________________ ATTEST: Sandra Krebsbach, Mayor _______________________________ Lorri Smith, City Clerk page 14 5c. CITY OF MENDOTA HEIGHTSDAKOTA COUNTY, MINNESOTA PARKSAND RECREATION MEETING September 9, 2014 The September meeting of the Mendota Heights Parks and Recreation Commission was held on Tuesday,September 9, 2014 at Mendota Heights City Hall, 1101 Victoria Curve. Chair Hinderscheid called to order the parks and recreation commission meeting at 6:30 p.m. The following commissioners were present: Chair Hinderscheid, CommissionersIraKip, Stephanie Levine, Joel Paper and Michael Toth. Staff present: Recreation Program CoordinatorSloan Wallgren. Approval of Agenda Chair Hinderscheid added Dog Park and Activity Log to the agenda. COMMISSIONER LEVINE MADE A MOTION TO APPROVE THE AGENDA; COMMISSIONERPAPER SECONDED THE MOTION. AYES 5: NAYS 0 Approval of Minutes of August 11, 2014 COMMISSIONER PAPER MADE A MOTION TO APPROVE THE MINUTES; COMMISSIONERTOTH SECONDED THE MOTION. AYES 5: NAYS 0 Marie Park Hockey Rink Update Mr. Wallgren updated the commission on the status of the Marie Park Hockey Area. Mr. Wallgren informed the commission that the city council approved a change in the work order to include paving the hockey rink when the nearby street project is complete. After the area is paved a contractor will come and install the new hockey boards. Commissioner Paper asked if the post for the new boards would be installed before or after the pavement was put down. Mr. Wallgren replied that he believes the post will be installed after the pavement is in place. Recreation Programming Report Mr. Wallgren informed the commission that the summer recreation programs are now all complete. This summer we added several new programs and expanded some of the existing programs. Staff has created surveys that were emailed out earlier this week to help evaluate the programs. The results of the surveys will be provided at a future date. Mr. Wallgren also provide the commission with a list that contained the number of participants in each of the programs over the last few years. Commissioner Levine asked if there was a certain reason that the tennis program numbers were up and the field trip numbers were down. Mr. Wallgren stated thatwe added evening classes this year page 15 to the tennis program, which is why we had more participants. The field trip numbers were down because we offered one less trip this year and one of the trips was cancelled. Mr. Wallgren updated the commission on the upcoming fall field trips and the trips that are planned for winter break. Inprevious years we have only offered one field trip during winter break, this year we are trying to expand that to four trips. Commissioner Paper asked what the ages for the field trips were. Mr. Wallgren replied eight years of age and up. Commissioner Kipp asked if we ever have thought of offering and archery program. Mr. Wallgren replied that they have thought about it and would check with area cities to see how they run their archery programs. The commission asked if we would again be creating a cross country ski trail at the Mendota Heights Par 3 Golf Course. Mr. Wallgren stated that we are planning to offer cross country skiing at the golf course. We will be working with St. Thomas Academy again to share equipment. More information about the trail would be in the November issue of the Heights Highlights. Commissioner Kipp said that we should consider working with St. Thomas Academy to offer skiing out on Rogers Lake. Mr. Wallgren said that he would check with the school about the possibilities of this. Par 3 Report Mr. Wallgren informed the commission that the Footgolf course is up and running. We started this past weekend and had about a dozen people out to play. The Pioneer Press will be coming out at the course to do a story next week. The rates for Footgolf are $8 for adults and $7 for youth, which reflect the strategy of the Par 3 to offer affordable recreation. On September 27, 2014 the cities of Mendota Heights and West St. Paul have partnered to offer the th 4Annual Thompson Oaks/Mendota Heights Open. The fee is $30 which includes golf at both courses, breakfast, lunch and prizes. Staff is planning to aerate the greens on the golf course very soon. Staff is also getting quotes to replace some gravel and dirt areas around the clubhouse with concrete. Financial data for the month of September were not available yet. Staff will send the information to the commission as soon as it is available. Golf Course Five Year Plan Mr. Wallgren provided a brief background on how the city acquiredthe golf course and at what price. Mr. Wallgren stated that the golf course is supposed to generateenough revenue each year to cover the operating costs. The Par 3 Fund is also supposed to maintain a cash balance of $40,000 for emergencies and capital improvements. In recent years the fund has fallen below the $40,000 goal. Mr. Wallgren presented his plan to continue to improve the balance of the fund, while at the same time making improvements to the course, equipment,and clubhouse. page 16 Dog Park Chair Hinderscheid mentioned that he has found several articles that talk about the growing popularity of dog parks. He said that of the sites we looked at the Pilot Knob site seemed like it would be the only one that would be large enough to make ita quality dog park. Chair Hinderscheid inquired if any companies were looking to purchase this land. Mr. Wallgren responded that he was not aware of any, but he would follow up with staff and report back to the commission. The commission discussed the topic and would like further information. The commission would like to know if there are any parties interested in purchasing the property and would the city be liable for any injuries that might occur because of debris or old chemicals in the ground. Parks Projects Chair Hinderscheid presented a log of current and future park projects. The commission discussed the projects. Mr. Wallgren said that he would share the information with Mr. Mazzitello and return next month with anupdated list. Commissioner Paper asked about having a garbage can plased on Wagon Wheel Trail near the fishing culvert. The commission discussed the issue. Mr. Wallgren informed the commission there have been requests for a garbage can near the culvert in the past. Mr. Wallgren did not know the reasons why there was not currently a garbage can there, but he would follow up at the next meeting. COMMISSIONER PAPER MADE A MOTION TO PLACE A GARABE CAN NEAR THE CLUVERT ON WAGON WHEEL TRAIL. COMMISSIONER KIPP SECONED THE MOTION. AYES 5: NAYS 0 Commissioner Kipp informed the commission that the Roger Lake Homeowners Association would like to donate $300 towards a bench on Wagon Wheel Trail near the fishing culvert. Commissioner Kipp stated the area was locate in the middle of Lexingtion Ave and Dodd Road. Commissioner Kipp stated many people use the walking path and this would be a nice area for people to stop and rest, while enjoying the views of the lake. COMMISSIONER KIPP MADE A MOTION TO HAVE A BENCH INSTALLED ON WAGON WHEEL TRAIL NEAR THE FISHING CULVERT. COMMISSIONER PAPER SECONED THE MOTION. AYES 2: NAYS 2 The commission continued to discuss the bench donation process and costs. Mr. Wallgren said that here would provide more information at the next meeting. page 17 Announcements OnSeptember 20, 2014 the Barbary Coast Dixieland Show Bandwill be performing outside of Lilydale City Hall from 1:00PM to 3:00PM. OnSeptember 27, 2014 from 1:00PM to 10:00PM there will be a fundraiser for Officer Patrick outside of Moose County. There will be live music, araffle and auction. All proceeds will go to the Patrick family. On September 29, 2014 the Sibley Girls Tennis program will be doing a park clean up at Rogers Lake Park. This is a fundraiser for the program, and if anyone would like to make a donation please send and make checks to Sibley High School and write girls tennis in the memo area. Dakota County offering a Master Recycling program starting in mid-September. If anyone would like to learn more about recycling please contact Dakota County. Commission Comments Commissioner Toth thought it was a good meeting and encouraged everyone to get out and enjoy area high school football games. Commissioner Levine thanked chair Hinderscheid for his list of projects and was glad the current commission has a wide variety of expertise that everyone brings to the commission. Commissioner Paper thanked staff for all their hard work and encouraged parents to take the online surveys that were sent out by staff. Commissioner Kipp thought it was aninformative meeting and pleased to see positive changes at thePar 3. Chair Hinderscheid thought it was a good meeting and was excited to see how Footgolf takes off at the Par 3 COMMISSIONER PAPER MADE A MOTION TO ADJOUN THE MEETING; COMMISSIONER LEVINE SECONDED THE MOTION. Ayes 5: Nays 0 The meeting adjournedat8:00 p.m. Respectfully Submitted by Sloan Wallgren page 18 5d. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AIRPORT RELATIONS COMMISSION MINUTES September 10, 2014 The regular meeting of the Mendota Heights Airport Relations Commission was held on Wednesday, September 10, 2014 at 7:00 p.m. at Mendota Heights City Hall. The following commissioners were present: William Dunn, Gina Norling, Jim Neuharth, Paul Portz,Sally Lorberbaum, and Kevin Byrnes Absent: David Sloan (excused) Also present: CityAdministrator Justin Miller Vice-Chair Lorberbaum called the meeting to order at 7:00 pm. Approval of Minutes Neuharth moved, and Dunn seconded that the minutes of the August 13, 2014 Airport Relations Commission meetings be approved as submitted. All voted in favor. Future Meetings/Guest Speaker Ideas The commission discussed the recent guest speakers and suggested ideas for upcoming meetings. Discussion focused on inviting legislators, but with election season currently in swing, the commission decided to discuss this item again at a future meeting. Reports onAreas of Focus Dunn and Norling reported that the high noise events fell back to average levels in July after spiking in June. Norling noted that she would look into past years reports to see if the June wind events were abnormal in causing such a high level of noise events. Neuharth noted that the noise charts now had explanations included when upper control limits were breached. Byrnes shared news articles about noise events at Chicago O’Hare airport, and Portz updated the commission on recent MAC meetings and the upcoming meeting being held in Eagan. Adjourn Norling made a motion, seconded by Neuharth, to adjourn at 7:37. All voted in favor. page 19 5e. DATE: September 16, 2014 TO: Mayor, City Council and City Administrator FROM:Tamara Schutta, Assistant to the City Administrator/HR Coordinator SUBJECT: Personnel Action Items Item 1:Authorize Appointment of Police Officer Staff continues with the recruitment process to fill Police Officer vacancies. At a recent meeting, the City Council authorized staff to begin the final phases of the process which included a thorough background investigation, psychological evaluation and a physical examination including a drug test. We are happy to report that we have completed a thorough background investigation on Police Officer Candidate Robin Nelson. Ms. Nelson has also completed her psychologicalevaluation and physical examination. It is our pleasure to recommend to you that the city council appoint Robin Nelsonas a Police Officer for the City of Mendota Heights. Ms. Nelson, originally from Roseau, MN, completed an internship with the Bemidji Police Department and is currently employed as a security officer. She earned a Bachelor’s degree majoring in Criminal Justice from Bemidji State University. Thorough out the interview process, Ms. Nelson demonstrated a high level of professionalism. Ms. Robin Nelson will be a great addition to the Mendota Heights Police Department. City staff recommends that city council approve the appointment of Robin Nelson as a Police Officer. Wages will be set in accordancewith the 2014 – 2015 Law Enforcement Labor Services, Inc. Labor Agreement. Ms. Robin Nelson will be formally introduced to the city council at the October 7, 2014 meeting. Item 2. Extended Leave of Absence Approval Sergeant Brian Convery is currently on a Leave of Absence. As of September 10, 2014, Sergeant Convery has exhausted the 120 working daysper the MNPEA Agreement, Article XIX. Beginning September 11, 2014, Sergeant Convery will begin using his extended disability leave bankand have it depleted by February 2015. City staff is recommending Council approval for Sergeant Convery’s continued Leave of Absence through February 2015. RECOMMENDATION Staff recommends that the Mendota Heights City Council approves the action requested above for thesetwo items. page 20 5f. DATE: September 16, 2014 TO: Mayor, Council and City Administrator FROM: Mike Aschenbrener SUBJECT: Formally Acknowledging Receipt of Gifts to the Police Department BACKGROUND The city auditor has advised that Minnesota State Statute 465.03 “Gifts to municipalities” requires all donations be acknowledged by resolution. This memo meets Minnesota State statutory requirements. 1)The last week in August Robert Lesher,son of one of the first Mendota Heights Police Officers Don Lesher,stopped at the police department with a donation. Robert was cleaning out the garage and found the siren that had been in his father’s personal car,a 1952 Desoto. He pointed out the newspaper article of Don Dehan and his father on the wall in the police office and advised that the siren was in the photographed car along with a light that was mounted on the passenger front fender that he had also brought along. I recommend the City Council pass the attached resolution accepting the Federal Sign and Signal Model 28H6v siren to the police department to be put on display alongside of the newspaper article. Thank you letters will be sent to Robert Lesher after the resolution has been passed. 2)At the Lilydale event to support the West Saint Paul Police K9 program a conversation was struck with local business McKay Enterprises. The owner learned that we were having problems fulfilling an order for less than lethal weapons. He offered to find them and beat the price we were authorized with a purchase order through Gander Mountain Tactical. Within a month he had two of the five in his shop. Shortly after Officer Patrick was killed he called and stated the Remington 870’s would be a donation in Officer Patrick’s honor. I recommend the City Council pass the attachedresolution accepting the Remington 870 shotguns to be used by the department as less lethal options for the officers. Thank you letters will be sent to McKay Enterprises after the resolution has been passed. page 21 RECOMMENDATION Resolution 2014- If Council desires to implement the recommendation, pass a motion adopting 53: “FORMALLY ACKNOWLEDGING RECEIPT OF GIFT OF FIVE REMINGTON 870 SHOTGUNS.”Resolution No. 2014-54: “RESOLUTION FORMALLY and ACKNOWLEDGING THE RECEIPT OF THE GIFT OF A SIREN AND RED LIGHT TO THE CITY.” page 22 City of Mendota Heights Dakota County, Minnesota RESOLUTION 2014 - 53 FORMALLY ACKNOWLEDGING RECEIPT OF GIFT OF FIVEREMINGTON 870 SHOTGUNS WHEREAS, the City of Mendota Heights desires to follow Minnesota Statute 465.03 “Gifts to municipalities”; and WHEREAS, the Minnesota State Statute requires a resolution to accept gifts to municipalities; and WHEREAS, the City has previously acknowledged gifts with a resolution; and WHEREAS, the City Council of the City of Mendota Heights have duly considered this matter and wish to acknowledge the civic mindedness of citizens and officially recognize their donations. NOW THEREFORE BE IT HEREBY RESOLVED that the City Council of the City of Mendota Heights accepts the donation of five Remington 870 shotguns to be used as a less lethal option from McKay Enterprises. th Adopted by the City Council of the City of Mendota Heights this 16 day of September 2014. CITY COUNCIL CITY OF MENDOTA HEIGHTS _________________________________ Sandra Krebsbach, Mayor ATTEST: ______________________________ Lorri Smith, City Clerk page 23 City of Mendota Heights Dakota County, Minnesota RESOLUTION 2014 - 54 FORMALLY ACKNOWLEDGING RECEIPT OF GIFT OF A SIRENAND RED LIGHT TO THE CITY WHEREAS, the City of Mendota Heights desires to follow Minnesota Statute 465.03 “Gifts to municipalities”; and WHEREAS, the Minnesota State Statute requires a resolution to accept gifts to municipalities; and WHEREAS, the City has previously acknowledged gifts with a resolution; and WHEREAS, the City Council of the City of Mendota Heights have duly considered this matter and wish to acknowledge the civic mindedness of citizens and officially recognize their donations. NOW THEREFORE BE IT HEREBY RESOLVED that the City Council of the City of Mendota Heights is accepting a Federal Sign and Signal Model 28H siren originally mounted on Officer Don Lesher’s personal car along with a red stop light, vintage 1952, from his son Robert Lesher. th Adopted by the City Council of the City of Mendota Heights this 16 day of September 2014. CITY COUNCIL CITY OF MENDOTA HEIGHTS _________________________________ Sandra Krebsbach, Mayor ATTEST: ______________________________ Lorri Smith, City Clerk 5g. page 25 5h. page 26 page 27 page 28 page 29 page 30 page 31 page 32 page 33 page 34 page 35 5i. 880 D Dirt, Inc dba Voehl Excavating Country Side Services of MN, Inc Legacy Companies NAC Mechanical & Electrical Services A.R.M.M. Construction, LLC Belair Company, LLC Earth Wizards, Inc Edward Sylvers Roofing, Inc Gunderson Construction, Inc Sanchez Stucco And Stone Architect Mechanical, Inc Cool Air Mechanical, Inc Farmington Plumbing & Heating Hoffman Refrigeration S & R Heating, Cooling & Appliance Repair DeMars Signs, Inc SignArt Company, Inc Thursday, September 11, 2014Page 1 of 1 page 36 7a. DATE: September 16, 2014 TO: Mayor, City Council and City Administrator FROM: John R. Mazzitello, PE, PMP, MBA Public Works Director/City Engineer SUBJECT: Ordinance 468 – Motorized Watercraft on Rogers Lake BACKGROUND In September of 2013, City Council adopted an Ordinance that allowed the use of motorized watercraft on Rogers Lake. The Ordinance adopted had a sunset date of one year from publication, which set a sunset date of September 29, 2014. Motorized watercraft, within the rules established, have been allowed on Rogers Lake since the initial Ordinance was adopted, and as of the date of this letter the City has received no complaints about motorized watercraft usage. The Rogers Lake Homeowners Association has requested the Ordinance be codified and permanent. A copy of their letter to the City is attached. Ordinance 456 was the originally adopted, temporary Ordinance. The attached Ordinance 468 amends Ordinance 456 to remove the sunset clause, and establish a permanent codified location within Title 6 of the Mendota Heights City Code. If adopted, this Ordinance would go into effect upon publication. th This Ordinance was introduced at the August 19 City Council Meeting and advanced to the Department of Natural Resources (DNR) for review and approval. DNR has reviewed and approved the permanent Ordinance.A copy of their approval is attached. BUDGET IMPACT There is no anticipated budgetary impact other than the cost of publishing the Ordinance. A sign has already been manufactured and posted in conjunction with the temporary Ordinance passed in 2013. RECOMMENDATION Staff recommends the City Council adopt Ordinance 468 – AN ORDINANCE AMENDING ORDINANCE 456 REGULATING THE SURFACE USE OF ROGERS LAKE to allow for the use of motorized watercraft on Rogers Lake with the restrictions listed in the Ordinance. If Council wishes to implement the staff recommendation, pass a motion adopting the Ordinance by a simple majority vote. page 37 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 468 AN ORDINANCE AMENDING ORDINANCE NO. 456, REGULATING THE SURFACE USE OF ROGERS LAKE Be it ordained and enacted by the City Council of the City of Mendota Heights, State of Minnesota, that these amendments following, by this act, are newly enacted section(s), 6-6-4: MOTORIZED WATERCRAFT SPECIFIC TO ROGERS LAKE, which, upon enactment, become permanently lawful. Section 1. PURPOSE, INTENT, AND APPLICATION: As authorized by Minnesota Statutes 86B.201, 86B.205, and 459.20, AND Minnesota Rules 6110.3000 – 6110.3800 as now in effect and as hereafter amended, this Ordinance is enacted for the purpose and with the intent to control and regulate the use of the waters of Rogers Lake in the City of Mendota Heights, Minnesota, said body of water being located entirely within the boundaries of the City of Mendota Heights, Minnesota, to promote its fullest use and enjoyment by the public in general and the citizens of the City of Mendota Heights, Minnesota, in particular, to insure safety for persons and property in connection with the use of said waters; to harmonize and integrate the varying uses of said waters; and to promote the general health, safety, and welfare of the citizens of the City of Mendota Heights, Minnesota. Section 2. DEFINITIONS: Terms used in this Ordinance related to boating are defined in Minnesota Statute 86B.005. Section 3.SURFACE ZONING OF ROGERS LAKE BY ALLOWING THE USE OF MOTORBOATS UNDER CERTAIN CONDITIONS: (a)Use of Motorboats as defined in Title 6, Chapter 6, Section 1A of City Code for the City of Mendota Heights shall be allowed on Rogers Lake, south of Wagon Wheel Trail only, provided: a.The motorboat must be 14 feet or less in length b.The motor strength must be 48 pounds of thrust or less (equivalent to 5 horsepower) c.The motorboat must be operated at “no wake” speed. d.Operation of motorboats is restricted to between sunrise and sunset. Section 4. ENFORCEMENT: The primary responsibility for enforcement of this Ordinance shall rest with the City of Mendota Heights, Minnesota. This, however, shall not preclude enforcement by other licensed peace officers. Section 5.EXEMPTIONS: All authorized Resource Management, Emergency, and Enforcement Personnel, while acting in the performance of their assigned duties are exempt from the foregoing restrictions. page 38 Section 6. NOTIFICATION: It shall be the responsibility of the City of Mendota Heights, Minnesota to provide for adequate notification of the public, which shall include placement of a sign as public watercraft access point(s) outlining essential elements of the Ordinance, as well as the placement of necessary buoys and signs. Section 7. PENALTIES: Any person violating any provision of this section shall be guilty of a misdemeanor and shall, upon conviction thereof, be punishable as provided in section 1-4-1of the City of Mendota Heights, Minnesota Code of Ordinances (1981 Code 1201 § 11; amd. 2003 Code). Section 8. EFFECTIVE DATE: This Ordinance shall be in effect from and after the date of its passage and publication. th Adopted and ordained into an Ordinance this 16day of September 2014. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST ___________________________ Lorri Smith, City Clerk page 39 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 468 AN ORDINANCE AMENDING ORDINANCE NO. 456, REGULATING THE SURFACE USE OF ROGERS LAKE Be it ordained and enacted by the City Council of the City of Mendota Heights, State of Minnesota, that these amendments following, by this act, are newly enacted section(s),6-6-4: MOTORIZED WATERCRAFT SPECIFIC TO ROGERS LAKE, which, upon enactment, become temporarilypermanentlylawful through the date indicated in the Ordinance. Section 1. PURPOSE, INTENT, AND APPLICATION: As authorized by Minnesota Statutes 86B.201, 86B.205, and 459.20, AND Minnesota Rules 6110.3000 – 6110.3800 as now in effect and as hereafter amended, this Ordinance is enacted for the purpose and with the intent to control and regulate the use of the waters of Rogers Lake in the City of Mendota Heights, Minnesota, said body of water being located entirely within the boundaries of the City of Mendota Heights, Minnesota, to promote its fullest use and enjoyment by the public in general and the citizens of the City of Mendota Heights, Minnesota, in particular, to insure safety for persons and property in connection with the use of said waters; to harmonize and integrate the varying uses of said waters; and to promote the general health, safety, and welfare of the citizens of the City of Mendota Heights, Minnesota. Section 2. DEFINITIONS: Terms used in this Ordinance related to boating are defined in Minnesota Statute 86B.005. Section 3. SURFACE ZONING OF ROGERS LAKE BY ALLOWING THE USE OF MOTORBOATS UNDER CERTAIN CONDITIONS: (a)Use of Motorboats as defined in Title 6, Chapter 6, Section 1A of City Code for the City of Mendota Heights shall be allowed on Rogers Lake, south of Wagon Wheel Trail only, provided: a.The motorboat must be 14 feet or less in length b.The motor strength must be 48 pounds of thrust or less (equivalent to 5 horsepower) c.The motorboat must be operated at “no wake” speed. d.Operation of motorboats is restricted to between sunrise and sunset. (b)If not renewed by an act of the City Council of the City of Mendota Heights, Minnesota, this Ordinance shallautomatically sunset one year after passage and publication. Section 4. ENFORCEMENT: The primary responsibility for enforcement of this Ordinance shall rest with the City of Mendota Heights, Minnesota. This, however, shall not preclude enforcement by other licensed peace officers. page 40 Section 5. EXEMPTIONS: All authorized Resource Management, Emergency, and Enforcement Personnel, while acting in the performance of their assigned duties are exempt from the foregoing restrictions. Section 6. NOTIFICATION: It shall be the responsibility of the City of Mendota Heights, Minnesota to provide for adequate notification of the public, which shall include placement of a sign as public watercraft access point(s) outlining essential elements of the Ordinance, as well as the placement of necessary buoys and signs. Section 7. PENALTIES: Any person violating any provision of this section shall be guilty of a misdemeanor and shall, upon conviction thereof, be punishable as provided in section 1-4-1 ofthe City of Mendota Heights, Minnesota Code of Ordinances (1981 Code 1201 § 11; amd. 2003 Code). Section 8. EFFECTIVE DATE: This Ordinance shall be in effect from and after the date of its passage and publication. th Adopted and ordained into an Ordinance this 16day of September 2014. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST ___________________________ Lorri Smith, City Clerk page 41 page 42 August 6, 2014 Mr. John Mazzitello Mr. Justin Miller City of Mendota Heights, Minnesota 1101 Victoria Curve Mendota Heights, MN 55118 RE: Letter of Support – Electric Boat Motor Ordinance on Rogers Lake Dear Johnand Justin, On August 5, 2014, members of the Rogers Lake Association passed a motion confirming the Association’s support to make permanent, the current ordinance permitting use of electric boat motors on Rogers Lake. On behalf of the Rogers Lake Association, please let this letterserveas our official request to the City that the ordinancebeappropriatelyamended to make such ordinance permanent. On behalf of the Rogers Lake Association, I will attend the Mendota Heights City Council meeting on Tuesday, August 19, to address anyconcerns, questions, or comments themayor,council or staff may have at that time. Thank youfor your assistance and I look forward tocontinueworking with you and the City to keep Rogers Lake healthy. Sincerely, Tim W. Carlson President page 43 7b. DATE: September 16, 2014 TO: Mayor and City Council FROM: Kristen Schabacker, Finance Director SUBJECT: Preliminary Levy for 2015 BACKGROUND On Tuesday, August 19, 2014 and September 2, 2014 the city council held budget workshops to discuss the proposed 2015 budget. After receiving direction from the council, we have included the addition of a fourth sergeant in the police department budget with a mid-year hire of a patrol officer to fill that vacancy. Capital purchases included in the 2015 budget are an investigator vehicle for the police department, a vehicle for the fire department and a snow blower in the parks department budget. This budget does not include the implementation of a franchise fee with Xcel Energy. Due to a decrease in health insurance premiums, the monthly contribution toward employee insurance will not increase in 2015 and remain at the 2014 rate. The proposed budget/levy general fund includes a 2% COLA wage increase.The total budget for 2015 is $6,993,511 which is 4.12% greater than the 2014 budget. The total city budget for all funds in 2015 is $12,260,606. The levy for 2015 will increase by $331,013 from the 2014 levy.This represents a 5.01% increase over last year. Changes can be made to the preliminary budget prior to the adoption of the final budget in December 2014. The preliminary levy cannot be increased once it is certified in September 2014. The budget may be increased if funded by sources other than the property tax levy. The median values home in Mendota Heights increased 5.15% between 2014 and 2015 from $302,700 to $318,300. A 5.01% levy increase will increase the city portion of property taxes from $1,098.77 in 2014 to $1,149.21 in 2015 (a $50.44 increase). This is a 4.59% increase in the city portion of property taxes. Each year the City Council needs to adopt a preliminary budget and tax levy in September. This th levy is certified to Dakota County before September 30. There are three resolutions that need to be passed. The first adopts the proposed budget for 2015. The second adopts the preliminary page 44 levy to be certified to the county. There is a third resolution that adopts a levy for the special taxing district. The special taxing district levy affects only the industrial park properties and is used to maintain and operate their street lights. Dakota County will send out parcel specific tax statements to the residents in November. This will show the change in taxes based on the preliminary levy adopted. The final budget and levy will then be discussed and approved at the council meeting on Tuesday, December 2, 2014. The final levy needs to be certified to the County no later than December 29, 2014. BUDGET IMPACT Below is a comparison of the proposed levy for 2015 to the final levy for 2014. 2014 2015 Final Preliminary General Fund $5,454,959 $5,646,780 Emergency Prep. 25,000 25,000 Fire Relief 68,000 90,000 Infrastructure/Facility Reserve 20,000 20,000 Equipment Reserve 20,000 20,000 Legal & Contingency 40,000 40,000 Net General Levy $ 5,627,959 $ 5,841,780 Improvement Bonds $ 621,689 $ 737,029 Equipment Certificates $ 56,364 $ 55,066 Mrkt Value Rfrndm(Par 3 Bonds) $ 264,737 $ 267,887 Special Street Light District $ 33,000 $ 33,000 Net Certified Levy $ 6,603,749 $ 6,934,762 The proposed levy for 2015 reflects a 5.01% increase over the final levy for 2014.As a frame of reference, for every one percent (1%) increase in the levy, an additional $65,000 would be generated. For example, if the preliminary levy were to increase to 6%, there would be roughly an additional $65,000 available for any use the city council desired. RECOMMENDATION Staff recommends that the Mendota Heights CityCouncil approve the attached resolutions 2014- 55 Adopting the 2015 Proposed Budget, 2014-56 Adopting the 2015Proposed Levy and Resolution 2014-57 Adopting the Final Tax Levy for the Special Taxing District.Approval of these items requires a majority vote of the city council. page 45 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2014-55 RESOLUTION ADOPTING2015PROPOSED BUDGET WHEREAS,State Statute requires city council adoption of a proposed budget for 2015 on or before September 30, 2014; and WHEREAS,the city councilhas received and reviewed the city administrator’s proposed 2015 budget;and WHEREAS, council recognized that the budget document was prepared on the basis of a preliminary levy;and WHEREAS, the final budget and levy will be considered at a council meetingset for December 2, 2014. NOW THEREFORE BE IT RESOLVED,by the City Council of the City of Mendota Heights that the city administrator’s proposed 2015 budget appropriates expenditures in a manner consistent with service level needs and preliminary levy funding; and BE IT FURTHER RESOLVED,that council hereby adopts the administrator’s proposed 2015 budgetsubject to amendment following budget and levy hearings and adoption of a final levy.The 2015proposed budget reflects $12,260,606ofexpenditures for all budgetedfunds. Adopted by the City Council of the City of Mendota Heightsthis 16th day of September, 2014. CITY COUNCIL CITY OF MENDOTA HEIGHTS By __________________________ Sandra Krebsbach, Mayor ATTEST ____________________ Lorri Smith, City Clerk page 46 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2014-56 RESOLUTION APPROVING PROPOSED2014LEVY COLLECTIBLE IN 2015 WHEREAS, the state law requires the City of Mendota Heights to certify a tentative tax levy for2015prior to September 30, 2014; and WHEREAS, the levy may be adjusted prior to December 29, 2014, to an amount not to exceed the adopted tentative levy. NOW THEREFORE BE IT RESOLVED,that the city counciladopt the following tentative levy for tax against all taxable property in the City of Mendota Heightsfor collection in the year 2015: 2015Preliminary General Fund 5,646,780 Emergency Preparedness25,000 FireRelief 90,000 Infrastructure Reserve 20,000 Equipment Reserve 20,000 Legal & Contingency Levy ___40,000 Net General Tax Levy$5,841,780 Special Debt Levies Improvement Bonds 737,029 Equipment Certificates55,066 Net Levy Debt Service$ 792,095 Market Value Referendum Levy$267,887 Street Light District$33,000 PreliminaryLevy Certified $6,934,762 page 47 BE IT FURTHER RESOLVED that the levy shall be amended following budget hearings to reflect the adopted city budget. BE IT FURTHER RESOLVED that the city council will hold a hearing Tuesday, December 2, 2014at 7:00 P.M.at their regularly scheduled council meetingfor the purpose of considering the proposed budget and levy. The public is invited to attend the meetingand speak to the final budget and levy. Adopted by the City Council of the City of Mendota Heights this 16thday of September, 2014. CITY COUNCIL CITY OF MENDOTA HEIGHTS ____________________________ Sandra Krebsbach, Mayor ATTEST ____________________________ Lorri Smith, City Clerk page 48 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2014-57 RESOLUTION APPROVING FINAL 2014TAX LEVY FOR SPECIAL TAXING DISTRICT NO. 1 COLLECTIBLE IN 2015 WHEREAS,the City of Mendota Heights has, by Resolution No. 87-91, authorized the levy of taxes within Special Tax District No. 1 for the purpose of paying operating costs of the street lighting system established with said district; and WHEREAS,the City of Mendota Heights has determined that the sum of $33,000 will be required in 2015for the purpose of paying such operating costs. NOW THEREFORE BE IT RESOLVED,that theCity Council of the City of Mendota Heights adopt the following levy against all taxable property within said Special Taxing District No. 1. Operation and Maintenance costs $33,000 BE IT FURTHER RESOLVED,that any tax exempt property withinsaid district be billed for services at a comparable rate computed on the assessor’s market value of such property. Adopted by the City Council of the City of Mendota Heights this 16th day of September, 2014. CITY COUNCIL CITY OF MENDOTA HEIGHTS By __________________________ Sandra Krebsbach, Mayor ATTEST ________________________ Lorri Smith, City Clerk page 49 CITY OF MENDOTA HEIGHTS 2015 BUDGET BUDGET AND REVENUE SUMMARY BUDGET2013 ACTUAL2014 BUDGETPRELIMINARY 2015 GENERAL FUND$6,811,232$6,716,585$6,993,5114.12% GENERAL FUND CONTINGENCY$65,872$40,000$40,0000.00% ENGINEERING FUND$576,725$666,830$666,067-0.11% UTILITY FUND$1,524,143$1,717,564$1,897,32310.47% STORM WATER UTILITY FUND$156,861$501,527$483,700-3.55% PAR THREE FUND$159,820$166,634$159,691-4.17% BUSINESS DEVELOPMENT FUND$4,487$10,725$10,075-6.06% CITY HALL FUND$218,172$304,708$323,5576.19% EMERGENCY PREPAREDNESS FUND$10,465$34,884$38,0509.08% FACILITY/INFRASTUCTURERESERVE FUND$47,013$0$0#DIV/0! FIRE RELIEF FUND$157,082$140,000$178,00027.14% SPECIAL PARK FUND$86,904$3,125$52,0001564.00% WATER REVENUE FUND$263,830$305,600$305,6500.02% DEBT FUND$942,790$942,790$1,059,98212.43% EQUIPMENT RESERVE FUND$20,000$20,000$20,0000.00% STREETLIGHT MAINTENANCE FUND$24,542$33,000$33,0000.00% TOTAL BUDGET$11,069,936$11,603,972$12,260,6065.66% REVENUE GENERAL FUND$6,696,604$6,716,585$6,993,5114.12% GENERAL FUND CONTINGENCY$40,000$40,000$40,0000.00% ENGINEERING FUND$610,228$679,800$646,300-4.93% UTILITY FUND$1,445,823$1,725,481$1,810,0284.90% STORM WATER UTILITY FUND$557,665$390,481$390,4810.00% PAR THREE FUND$156,148$161,350$161,250-0.06% BUSINESS DEVELOPMENT FUND$868$260$140-46.15% CITY HALL FUND$202,892$205,925$206,6500.35% EMERGENCY PREPAREDNESS FUND$24,695$25,485$25,5000.06% FACILITY/INFRASTUCTURERESERVE FUND$17,751$21,300$21,3000.00% FIRE RELIEF FUND$157,310$136,000$175,00028.68% SPECIAL PARK FUND-$3,018$1,470$1,4700.00% WATER REVENUE FUND$246,812$254,500$253,750-0.29% DEBT FUND$942,790$942,790$1,059,9820.00% EQUIPMENT RESERVE FUND/RESERVES$18,172$20,000$20,0000.00% STREETLIGHT MAINTENANCE FUND$42,697$33,000$33,0000.00% TOTAL REVENUE$11,157,436$11,354,427$11,838,3624.26% page 50 CITY OF MENDOTA HEIGHTS 2015 BUDGET TAX LEVY SUMMARY 20142015% CHANGE GENERAL FUND$5,454,959$5,646,7803.52% EMERGENCY PREPAREDNESS$25,000$25,0000.00% FIRE RELIEF$68,000$90,00032.35% INFRASTRUCTURE/FACILITY RESERVE$20,000$20,0000.00% EQUIPMENT RESERVE$20,000$20,0000.00% LEGAL AND CONTINGENCY$40,000$40,0000.00% GENERAL FUND LEVY$5,627,959$5,841,7803.80% IMPROVEMENT BONDS$621,689$737,02918.55% EQUIPMENT CERTIFICATES$56,364$55,066-2.30% TOTAL SPECIAL LEVY$678,053$792,09516.82% MARKET VALUE REFERENDUM LEVY$264,737$267,8871.19% STREETLIGHT TAXING DISTRICT$33,000$33,0000.00% TOTAL TAX LEVY$6,603,749$6,934,7625.01% page 51 GENERAL FUNDFUND 01 DEPARTMENT2013 ACTUAL2014 BUDGET2015 PRELIMINARY % CHANGE CITY COUNCIL$33,275$34,096$33,796-0.88% ADMINISTRATION$808,656$890,452$891,4140.11% ELECTIONS$28,692$56,007$41,088-26.64% IT$131,216$154,165$138,437-10.20% POLICE$2,974,335$3,128,910$3,337,1836.66% FIRE$399,204$442,048$474,6157.37% BUILDING OFFICIAL$158,532$168,250$133,050-20.92% PUBLIC WORKS-STREETS$1,118,419$944,644$981,2323.87% PUBLIC WORKS-PARKS$682,910$711,122$761,3957.07% RECREATION$45,656$44,700$46,7004.47% PLANNING$96,321$111,115$122,23110.00% RECYCLING$25,028$23,316$24,3704.52% ANIMAL CONTROL$5,914$7,760$8,0003.09% TOTAL GENERAL FUND$6,508,157$6,716,585$6,993,5114.12% GENERAL FUND CONTINGENCY$65,872$40,000$40,0000.00% page 52 GENERAL FUNDFUND 01 REVENUE SOURCE2013 ACTUAL2014 BUDGET2015 BUDGET% CHANGE TAXES CURRENT TAX LEVY$5,338,124$5,454,959$5,646,7803.52% LICENSES AND PERMITS CIGARETTE LICENSES$1,200$600$6000.00% RUBBISH LICENSES$1,455$1,400$1,4000.00% DOG LICENSES$960$750$8006.67% CONTRACTOR LICENSES$17,450$17,000$17,0000.00% LIQUOR LICENSES$33,850$21,000$21,0000.00% BUILDING PERMITS$270,716$135,000$180,00033.33% HEATING PERMITS$38,313$25,000$30,00020.00% PLUMBING PERMITS$9,048$5,000$7,00040.00% WATER PERMITS$30$50$500.00% RIGHT OF WAY PERMITS$9,341$5,000$6,50030.00% MASSAGE PERMITS$2,238$1,800$2,00011.11% RENTAL LICENSES$4,283$1,000$3,500250.00% TOTAL LICENSES AND PERMITS$388,885$213,600$269,85026.33% FINES AND FORFEITS COURT FINES$62,250$70,000$68,000-2.86% FALSE ALARMS FINES$2,600$3,500$3,5000.00% DOG IMPOUNDING$402$1,000$1,0000.00% TOTAL FINES AND FORFEITS$65,252$74,500$72,500-2.68% CHARGES FOR SERVICES ACCIDENT REPORTS$0$0$0#DIV/0! RECREATION PROGRAMS$36,263$29,000$32,00010.34% PARK USE FEES$6,078$7,000$7,0000.00% SOFTBALL LEAGUES$10,758$11,000$11,0000.00% MAPS AND ORDINANCES$0$0$00.00% SURCHARGES($10)$0$00.00% PLANNING FEES$4,805$6,500$6,5000.00% FIRE CONTRACTS$86,040$83,877$101,06720.49% FIRE PERMITS$0$0$00.00% LILYDALE POLICING$212,856$226,545$229,8831.47% MENDOTA POLICING$61,536$65,514$73,86112.74% POLICE SECURITY (OFF DUTY OT)$16,628$18,000$18,0000.00% FIRE CALLS$0$0$00.00% STREET MAINT. CHARGES$1,000$1,000$1,0000.00% ASSESSMENT SEARCHES/SPLITS$15$0$00.00% STREET CHARGES$0$0$00.00% FILING FEES$0$20$0 LEASE MAINTENANCE CHARGES$3,051$3,500$3,5000.00% TOTAL CHARGES FOR SERVICES$439,020$451,956$483,8117.05% page 53 INTERFUND TRANSFERS PROJECT INTEREST TRANSFER$0$0$00.00% PROJECT REIMBURSEMENT$0$0$00.00% TOTAL INTERFUND TRANSFER$0$0$00.00% INTERGOVERNMENTAL MSA MAINTENANCE$132,131$128,000$130,0001.56% POLICE STATE AID$123,053$110,000$115,0004.55% SCHOOL RESOURCES OFFICER$99,414$95,000$97,0002.11% FEDERAL AND STATE GRANTS$22,614$6,000$6,0000.00% DAKOTA COUNTY GRANT$459$10,000$10,0000.00% PERA AID$9,073$9,070$9,0700.00% TOTAL INTERGOVERNMENTAL$386,744$358,070$367,0702.51% MISCELLANEOUS REVENUE SUNDRY REVENUE$49,022$5,000$5,0000.00% GRAVEL TAX$0$0$00.00% DONATIONS$17,220$0$00.00% INTEREST-$70,713$35,000$35,0000.00% TOTAL MISCELLANEOUS -$4,470$40,000$40,0000.00% DAKOTA COUNTY WASTE MANAGEMENT$13,800$14,000$14,0000.00% TOTAL DAKOTA COUNTY$13,800$14,000$14,0000.00% OTHER REVENUE UNAPPROPRIATED FUND TRANSFER$109,250$109,500$99,500-9.13% TOTAL OTHER REVENUE$109,250$109,500$99,500-9.13% TOTAL GENERAL FUND REVENUE$6,736,604$6,716,585$6,993,5114.12% page 54 7c. DATE: September 16, 2014 TO: Mayor and City Council FROM: Justin Miller, City Administrator SUBJECT: West St. Paul Ice Arena Renovation Letter of Support BACKGROUND For the past several months the cities of West St. Paul and Mendota Heights,along with ISD 197, have been discussing ways to collaborate in the renovation of the West St. Paul Ice Arena. Applications are currently being taken for the State of Minnesota Mighty Ducks Ice Arena Grant Program, which could provide for up to $200,000 to replace the aging refrigeration system that is currently in use. The deadline for this grant application is October 1, 2014. Along with replacing the refrigeration system, there are other needs with the building, including HVAC, plumbing, roofing, andelectrical system upgrades. In total, the estimated cost of the entire project is approximately $1,866,000. West St. Paul has formally requested that all three parties (Mendota Heights, West St. Paul, and ISD 197) be equal partners in the project, assuming that the maximum $200,000 grant is awarded. If this were to happen, the City of Mendota Heights’ contribution would be $555,333. The grant application has a better chance of being awarded if West St. Paul can show the project has financial support from other sources. Attached to this report is a draft letter with a placeholder for the council to decide what amount, if any, the City is willing to pledge towards nd this project. The letter also contains the conditions that were discussed at the September 2city council workshop. nd At the September 2workshop, the council discussed splitting the payments over multiple years, so that the fund balance would not take a large one-time reduction. Staff discussed this option with the City of West St. Paul, and they would be open to half of the city’s contribution being made in 2015 with the remainder (plus interest and carrying costs) being paid in 2019. Assuming a 2% rate or return (which is similar to the investments currently carried by the City of Mendota Heights), this would add approximately $22,000 to the second payment, assuming the city agreed to the entire $555,000 contribution. Adding in these carrying costswould bring the total Mendota Heights contribution to an estimated $577,200 ($277,500 in 2015 + $299,700 in 2019). page 55 Finally, a memo from our financial advisors, Ehlers and Associates, is attached which addresses the impact such a contribution would have on the city’s fund balance and how bond rating agencies may view the situation. BUDGET IMPACT This contribution would not be a budgeted expense and would come from general fund reserves, unless an alternative funding source(s) was identified. RECOMMENDATION If council desires, a motion to approve the attached letter, with a dollar amount included, would be needed. Approval of this action requires a majority vote of the city council. page 56 September 17, 2014 Matt Fulton City of West St. Paul 1616 Humboldt Avenue West St. Paul, MN 55118 Dear Matt: At their September 16, 2014 meeting, the Mendota Heights City Council authorized a commitment of up to $xxx,xxx towards the renovation and refurbishment of the West St. Paul st Ice Arena. This commitment was made at this time due to the October 1 deadline to apply for the Mighty Ducks Ice Arena Grant Program. It is our hope that this display of collaboration between our cities and ISD 197 will help demonstrate the importance of the ice arena to the northern Dakota County area and that the grant application will be funded at the maximum allowable level. The City of Mendota Heights’ financial commitment to this project is contingent on several factors: 1)This is to be considered a capital contribution only, and in no way is the City of Mendota Heights agreeing to take on any operating or maintenance responsibilities with the arena. 2)The City of Mendota Heights expects that the ice arena will be operated and available to Mendota Heights residents for at least 20 years after the renovations are complete. If it were to close before this time period, we would expect to be reimbursed for a pro-rated portion of our capital contribution. 3)The city’s contribution is contingent on receipt of $200,000 in grant funding through the Mighty Ducks Ice Arena Grant Program. 4)Before construction begins, the City of Mendota Heights expects to be full partners in reviewing the scope of the project and will require that a formal agreement, either through a Joint Powers Agreement or some other binding contract, be agreed to by all three funding partners. 5)The City of Mendota Heights will make ½ of the contribution in 2015 with the second ½ being paid in 2019. (only needed if the council agrees to split payments) page 57 Good luck in your Mighty Ducks Ice Arena Grant Program application. The City of Mendota Heights is looking forward to the successful renovation of the John V. Hoene Ice Arena for the benefit of our residents for many years to come. Sincerely, Justin Miller City Administrator page 58 Memo To: Justin Miller, City of Mendota Heights From: Mark Ruff and Nick Anhut, Ehlers Date: September 8, 2014 Subject: Effects of Changes in General Fund Balance upon the City’s Bond Rating You have requested that we comment on the potential impact of a cash expenditure of up to $500,000 for a recreational facility upon the City’s “AAA” bond rating from Standard & Poor’s (“S&P). There are two areas of the S&P rating criteria that could be affected by a major capital expenditure out of the City’s general fund reserve. The first area is budgetary flexibility. S&P’s last rating report for Mendota Heights and their criteria generally give very favorable treatment to cities that maintain a balance of more than 75% of general fund expenditures. A general fund balance below 75% may put downward pressure on the rating, especially if there is not plan to replenish the reserve in the short term. At the end of Fiscal 2013, the City had approximately $5.5 million in available fund balance, or 78% of that year’s $7,045,158 general fund expenditures. At the end of Fiscal 2014 the City expects $5,620,000 at 76.9%. This balance leaves $139,940 in capacity above the 75% threshold. The second category of the rating criteria affected by this type of expenditure is budgetary performance. S&P’s criteria look favorably upon cities that show both ageneral fund surplus and at least break-even total governmental funds performance on an annual basis. The analysis starts with the most recent audited fiscal year(2013), and incorporates current expectations for 2014 and 2015 budgeted results. S&P is willing to adjust their calculations to exclude one-time capital items such as your recent fire truck and front end loader expenditures. However, if these expenditures become repetitive, then S&P may treat a portion of the capital costs as reoccurring. As such, the city would have to cover the recurring expenditures with a source of revenue to avoid a negative result. Depending on the impact to fund balance, it may bebeneficial to make the entire recreational facility expenditure in one year. To avoid the perception of a recurring capital expense, it would also be helpful to demonstrate that no larger capital expenditures (more than $100,000) will require a draw upon reserves for at least two years afterward. Please contact us with any questions or comments. DATE: September 11, 2014 TO: Mayor and City Council FROM: Justin Miller, City Administrator SUBJECT: Alternate Funding Sources for Ice Arena Proposal While the discussion of funding the West St. Paul Ice Arena rehabilitation has focused on the city’s use of general fund reserves, there are possible alternatives that could meet the $555,000 request from the City of West St. Paul. While this is in no way an exhaustive list, it is one possible way to make the numbers work. As you will see in the council report, the City of West St. Paul has offered to allow us to pay for the project in two phases, one in 2015 and the second in 2019. There will be interest costs on the second payment, and we estimate that the $555,000 total would increase to $577,200 with these added costs. Splitting the payments into two would make it easier from a cash flow standpoint, and it could be funded as shown below: 2015-$277,500 (1/2 of $555,000) SourceAmountImpact Fund Balance$100,000Would bring fund balance closer to 75% level 1% increase in 2015 property tax $65,000Preliminary levy would need to levybe set at 6%. This would increase the impact on a median valued home from $50.44 to $66.61 Cell Tower Revenue$112,500Funds normally get placed into Water Fund but have been used for special circumstances before. This would allocate 100% of cell tower revenue toward this purpose. Total$277,500 2016-2019-$299,700 (second ½ plus carrying costs) The council could decide to spread the collection of this contribution over a four year period. This would require the collection/dedication of $74,925 per year. The options for this are numerous, but below are some options: SourceAmountImpact Property Tax Levy1.25%/yearAdding 1.25% eachyear $80,000would generate roughly $80,000, but would go up each year due to building off of a larger base. Franchise Fee1% fee would generate $21/year on average home $200,000 per year Cell Tower RevenueApproximately $110,000/yearDependent on status of water system negotiations with St. Paul Regional Water Services These are simply options as you consider the request before you on Tuesday night. If you have any questions, please let me know.