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2012-07-17 Council PacketCITY OF MENDOTA HEIGHTS CITY COUNCIL AGENDA July 17, 2012 – 7:00 p.m. Mendota Heights City Hall 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Adopt Agenda 5. Consent Agenda a. Acknowledgement of July 3, 2012 City Council Minutes b. Acknowledgement of July 10, 2012 Parks and Recreation Commission Minutes c. Acknowledgement of July 11, 2012 Airport Relations Commission Minutes d. Approval of Sign Permit, 750 Main Street – Be Well e. Approval of Sign Permit, 774 Highway 110 – Sedona Skin Spa f. Approval of Out of State Travel Request g. Approval of Completion of Probationary Employment Period for Human Resources Coordinator Tamara Schutta h. Approval of Building Permit – 1440 Northland Drive i. Receipt of June Par 3 Update j. Approval of Cancellation of August Parks and Recreation Commission Meeting k. Approval of Amendment #1 to T-Mobile Cell Tower Lease Agreement l. Approval of Time Change for August 7, 2012 City Council Meeting m. Accept Quotes and Award Contract for 2012 Sanitary Sewer Cleaning and Televising Project n. Approval of Plans and Specifications and Authorization to Advertise for Bids for 2012 Sanitary Sewer Rehabilitation Project o. Approve Massage Therapist Licenses p. Approve Joint Powers Agreement with the MN BCA for Court Data Services Subscriber Amendment (eCharging ) q. Receipt of June 2012 Building Activity Report r. Approval of Contractors List s. Approval of Claims List 6. Public Comments 7. Unfinished and New Business a. Ordinance Amendment Request to Allow Electric Motors on Rogers Lake b. Revised Tuition Reimbursement Policy 8. Council Comments 9. Adjourn CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, July 3, 2012 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Krebsbach called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Duggan, Povolny, and Petschel. Councilmember Vitelli was absent. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Krebsbach presented the agenda for adoption. Councilmember Duggan moved adoption of the agenda. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Vitelli) CONSENT CALENDAR Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and approval. Councilmember Petschel moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein; pulling items D) Approval of Revised Travel Policy for Elected Officials and City Staff a. Acknowledgement of June 19, 2012 City Council Minutes b. Acknowledgement of the June 19, 2012 Council Workshop Minutes c. Approval of Sign Permit at 2360 Pilot Knob Road d. Approval of Revised Travel Policy for Elected Officials and City Staff e. Approval of Task Force Joint Powers Agreement with Minnesota Structural Collapse/Technical Rescue Task Force Organization f. Planning Case 2012-19, Critical Area Permit and Wetlands Permit, 1151 Orchard Circle g. Planning Case 2012-21, Critical Area Permit, 1144 Kingsley Court h. Approval of Construction Staking Contract with Pioneer Engineering for Lemay Lake Road i. Approval of Street Striping Contract with AAA Striping Service pg 2 j. Approval of Community Development Block Grant (CDBG) Parks Restroom Accessibility Improvements k. Approve the Contractors List l. Approve the Claims List Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Vitelli) CONSENT AGENDA TOPIC D) APPROVAL OF REVISED TRAVEL POLICY FOR ELECTED OFFICIALS AND CITY STAFF Councilmember Duggan questioned whether Item 4, “No reimbursements will be made for attendance at events sponsored by or affiliated with political parties” should say “ . . . sponsored by or associated with”. City Administrator Justin Miller replied that this specific language was taken from the model policy provided by the League of Minnesota Cities. However, if the Council wishes it to be changed to ‘associated’ that would be fine. None of the other Councilmembers present expressed a preference. Councilmember Duggan moved to Approve the Resolution Revising Travel Policy for All Elected Officials and City Employees. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Vitelli) PUBLIC COMMENTS Ms. Andrea Hoffman, speaking on behalf of her mother Mrs. Joan Hoffman residing at 666 2nd Avenue, and Ms. Liz Mulcahy, 670 2nd Avenue, explained that they received a letter two years ago asking for their vote on the possible vacating of the alley behind their properties. It had been their understanding this alley had been vacated at that time, but now realize the alley was not vacated. The recent storms caused tree limbs to be knocked down, which in turn pulled down the power lines causing damage to Mrs. Hoffman’s home. Because of the misconception of the vacation of the alley, she thought that the tree belonged to her and had it cut down at her own expense. She now realizes that the tree actuall y belonged to the city and she asked to be reimbursed for the cost. City Administrator Justin Miller recommended that they speak with staff after the meeting. Staff would give them the proper forms to submit a claim with the city. pg 3 PRESENTATION A) PRESENTATION OF 2011 AUDIT – KERN, DEWENTER, VIERE, LTD. Mr. Matt Mayer of Kern, DeWenter, Viere, Ltd. [KDV] reviewed the Annual Audit Report for 2011. He began the report by explaining that KDV has represented the City as its Independent Auditor for the last three years. This year, as in the past two years, KDV gave the City an Unqualified Opinion, which is the best opinion they can offer the City. That means that the City can rely on the financial statements as a true picture of where the City stood financially, and also a true picture of the results of operations for the year. KDV also performed a Compliance Audit. The Office of the State Auditor requires KDV to test the City on various State Statutes that apply to local governments. KDV issued a No Findings Report for the 2011 fiscal year, which is again the best opinion possible for the City. The 2011 General Fund Budget called for a $6.3 million in revenue and $6.5 million in spending, with transfers in from other funds of $156,000 to balance the budget. The budget also had a minor decline in fund balance of less than $20,000. Actual Results: Revenue $6.4 million ($106,000 over budget) Expenditures $6.5 million (on budget) Total Fund Balance increased $63,000 Mr. Mayer compared the 2011 figures to the 2010 figures; reviewed charts and graphs in terms of the financial and operational goals versus the actual results; and reviewed the enterprise, sanitary sewer, and stormwater funds. He also explained the one mid-level finding on internal controls which was the lack of Segregation of Accounting Duties. This is a very typical finding but should not be dismissed because there is always an opportunity to improve or provide additional mitigating controls. Councilmembers asked questions regarding the fund balance; how much of the taxpayers money the City should keep in reserves; debt load on government obligation bonds, which were answered by Mr. Matt Mayer of KDV, City Administrator Justin Miller, and Finance Director Kristen Schabacker to the Council’s satisfaction. The actual Audit Report can be found on the City’s website at http://www.mendota-heights.com. UNFINISHED AND NEW BUSINESS Mayor Krebsbach requested an update on the storm cleanup efforts. City Administrator Justin Miller explained that on June 19 a major storm went through the city. Staff established a storm and debris pickup program beginning on June 26. Administrator Miller shared a map of the city that outlined the streets where the debris pickup had been completed. He explained the area south of Highway 110 is almost completed. It will take approximately seven to ten more days before the entire program would be completed. pg 4 Councilmember Povolny asked if there were any plans to go back over the streets where the pickup has already occurred. Administrator Miller replied there were no immediate plans to go back over those streets and do additional pickup. However, if residents in areas that have already been completed wish to, they could take their additional debris over to Mendakota Park. A) APPROVAL OF STORM DEBRIS DISPOSAL CONTRACT City Administrator Justin Miller explained the city has received bids from two contractors for the city to rent a tub grinder to grind the pile of debris that has been collected due to the recent storm damage. The bids received were based on the amount of chips that they would process and take away. Some residents have expressed a desire to take some of those chips; however, at this time staff does not believe that would be possible. Councilmember Duggan moved Approval of Storm Debris Disposal Contract with Rumpca Contracting. Councilmember Petschel seconded the motion. Councilmember Duggan asked how noisy the machine would be, if the actual work hours could be limited to specific times, and if notice letters could be sent to the residents in the area. City Engineer John Mazzitello replied that these machines are not quiet and would make a substantial amount of noise. It is intended that the machine would be in the park parking lot, somewhat buffered from residential areas, but there would be noise associated with it. To keep the noise level and activity to a minimum, the actual grinding would not start until eighty to ninety percent of the debris pickup is completed. He also stated there would be no alteration from the city’s standard work hours of 7:00 a.m. to 7:00 p.m. Monday through Friday; 9:00 a.m. to 6:00 p.m. on Saturday; and no work on Sunday or holidays, and that a notification letter could be sent to the residents in the area. Ayes: 4 Nays: 0 Absent: 1 (Vitelli) B) APPROVAL OF FIFTH AMENDMENT TO PLANNED UNIT DEVELOPMENT, MENDOTA PLAZA/WHITE PINES SENIOR LIVING Mayor Krebsbach explained that this topic was carried over from the last Council meeting because the Council wanted clearer documentation from Minnwest Bank on the transfer structure of the entities and their financial viability. Assistant to the City Administrator Jake Sedlacek stated that Mendota Mall Associates intends to transfer Lot 6 for development as described in the Planned Unit Development and other actions since that Planned Unit Development was approved. The process for transfer was detailed in the original Planned Unit Development and further detail was provided in the Consent to Transfer in the fourth amendment. The current materials include a fifth amendment which clarifies the names of the LLC’s which will be taking on this project as well as making sure the requirements of the Planned Unit Development are separately applied to the owners of Lot 6 and the rest of the Planned Unit Development. pg 5 Assistant Administrator Sedlacek shared a letter which details the corporations that will be involved in the development of the site. Documentation also included the Fifth Amendment, a letter attesting the credit worthiness of the corporations that are mentioned in the letter and in the Fifth Amendment, and the resolution that formalizes the request. Staff recommended approval of the Fifth Amendment to the Planned Unit Development and the Consent to Transfer. Mayor Krebsbach asked if the Evidence of Agreement to be Bound and the Form of Proposed Transfer Document had been received by City Attorney Tami Diehm. City Attorney Diehm replied in the affirmative. Mayor Krebsbach mentioned that the letter from Dorsey and Whitney referred to web pages and asked that copies of those web pages be on file as well. Staff indicated those copies have been received. Councilmember Duggan moved Approval of Fifth Amendment to Planned Unit Development, Mendota Plaza/White Pines Senior Living and Resolution Approving Consent to Transfer Lot 6, Mendota Plaza Redevelopment Councilmember Povolny seconded the motion. Mayor Krebsbach mentioned that all architectural aspects of the Planned Unit Development, in terms of the exterior, which was approved earlier, does apply and is within the documentation. City Engineer John Mazzitello stated that earlier this year he did approve, as part of the conditions of the settlement agreement, the Planned Unit Development amendment changing the configuration and size of the primary structure and the site amenities. Once the Consent to Transfer is approved, the building permit plans will be compared to that Planned Unit Development amendment approval to make sure the building permit matches what was approved in the PUD. Ayes: 4 Nays: 0 Absent: 1 (Vitelli) C) PLANNING CASE 2012-18, SUBDIVISION, 953 WAGON WHEEL TRAIL Assistant to the City Administrator Jake Sedlacek explained this site is just on the north side of Wagon Wheel Trail and is the second to last two residential lots before the lake. The Kulhanek family has owned these two parcels for some time. The applicant, Greg Quehl, has entered into a purchase agreement to buy the two lots and part of the purchase agreement is to get the planning approvals completed for his ultimate intent for the site. Mr. Quehl would like to make an adjustment to the lot line between two parcels.. Both of the resulting parcels would be in excess of code requirements in terms of size and frontage. The Planning Commission held a public hearing and there were no concerns stated. The other part of the request that Mr. Quehl has is the proposed new home on the rear lot would require a wetlands permit. This was discussed briefly at the Planning Commission meeting on June 26; however, between the time of the application and the meeting, staff decided they needed a little bit more pg 6 detail on file for the wetlands permit. The Planning Commission recommended approval of the subdivision request and tabled the wetlands permit. Council is requested to review and, if in agreement, approve the subdivision to adjust a lot line between two parcels. Once that has been completed, then Mr. Quehl can move forward with the wetlands permit application. Councilmember Duggan moved Approval of Planning Case 2012-18, Resolution Approving a Subdivision at 953 Wagon Wheel Trail Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Vitelli) D) PLANNING CASE 2012-20, CRITICAL AREA PERMIT, 1128 SIBLEY MEMORIAL HIGHWAY Assistant to the City Administrator Jake Sedlacek stated the applicant is seeking to construct an off- street parking area. It was discussed at the Planning Commission about the difficulty of parking in the area as there is no parking along Highway 13 and the applicant is hoping to construct a parking pad for people visiting his residence. The site plan for Dakota County does not show it, but there is a shared easement on the existing driveway for the individuals at the next parcel , limiting the parking area on this lot. In order to construct the parking pad, landscape work needs to be completed. The applicant has already constructed, and is now seeking the approval, two retaining walls. He is also seeking approval to pour a concrete pad for parking, drain tiles around the structure, and another retaining wall just before the right-of-way for Highway 13. At the Planning Commission meeting, it was discussed if this were brought forward before the retaining walls had gone up, would staff had recommended approval. Planner Grittman stated that yes, the request for a parking area was reasonable; however, they might have asked for a different type of stone be put in place besides what is currently in the retaining wall. At the same time, the planner felt the landscaped wall was sufficient to do what it is intended to do and landscaping could help screen any negative impacts there may be from using a block instead of a natural stone type of material. In terms of a natural impact, the planner recommended permeable pavers. In earlier discussions when the application was first brought in, the applicant had asked to construct the pad with poured concrete to match the existing surfaces. The drainage plan would allow the water to drain onto the existing driveway and off to the side where there is current drain tile in place. The applicant did agree with the conditions of approval at the Planning Commission meeting; however, in discussions today he is requesting council consider not requiring impervious pavers as they would prefer to construct the pad using poured concrete. There were no comments at the public hearing. The neighbor immediately to the south and west did voice their support and recognized the need for the parking area. They believe the applicant has done a nice job with the project thus far and would like to see it completed as proposed. pg 7 The Planning Commission recommended approval. Councilmember Petschel noted the resolution mandates the semi-permeable pavers and the resident obviously wants concrete. Councilmember Povolny recognized the difficulty in plowing snow off the pavers. City Engineer John Mazzitello explained that whether permeable pavers or poured concrete were to be installed, one over the other does not impact the ultimate discharge of the stormwater from the property. The Engineering staff, although it is an increase in impervious surface, would not have a problem with the poured concrete parking stall. Mr. Orlando Ponce, 1128 Sibley Memorial Highway explained that the current driveway is concrete, the neighbors have asphalt, and if he were to install permeable pavers that would make three different types of surfaces. He believed it would be better to install concrete and it would make it easier to plow. Councilmembers asked questions regarding landscaping, maintenance, hill runoff, which were answered to their satisfaction. Councilmember Petschel moved Approval of Planning Case 2012-20, Critical Area Permit, 1128 Sibley Memorial Highway to include the change of findings of fact number one to read “The driveway can be constructed so as to minimize stormwater impacts” Councilmember Povolny seconded the motion. Ayes: 3 Nays: 1 (Krebsbach) Absent: 1 (Vitelli) E) ORDINANCE AMENDMENT REQUEST TO ALLOW ELECTRIC MOTORS ON ROGERS LAKE City Administrator Justin Miller explained that the Rogers Lake Property Owners Association has submitted a letter requesting the allowance of electric motors on the south portion of Rogers Lake. They also provided research about other policies on other Dakota County lakes and a petition showing support for their request. Staff provided to the Council language that would fit the city’s code and included factors the Council might want to consider. The Police Department also completed a survey of various cities within Dakota County and that information was provided. Staff recommended, should the Council agree, that the Council direct staff to formally create the ordinance with any other conditions they would like to place on it. The ordinance would be brought forward at a future City Council meeting for approval. Councilmember Povolny asked Mr. Tim Carlson from the Rogers Lake Homeowners Association if all of the signatures on the petition were from property owners on Rogers Lake. Mr. Carlson replied that all except one are Rogers Lake property owners. Councilmember Povolny also asked if there were any pg 8 Rogers Lake property owners who oppose this request. Mr. Carlson answered there are seventeen residents and three businesses along the south side of the lake. Of the seventeen residents, twelve approved the petition, three were unable to be contacted, and two disapproved. Mayor Krebsbach asked what types of boats and crafts this would include. Mr. Carlson answered typically eighteen feet would be the maximum, which is a typical size fishing boat. As for electric motors, from what he has seen and researched, are equivalent to a ten horsepower gas motor. Councilmember Povolny stated that electric motors do not go much faster than a person can row. Councilmember Povolny asked for research and clarification that even on non-motorized lakes the DNR allows electric motors for people with disabilities. Councilmember Duggan asked for staff to check into the total number of houses on fishing lakes. He also stated that making an ordinance for one lake is inappropriate and would prefer to have an ordinance for all lakes that could handle boats with electric motors. Councilmember Duggan suggested an open house be conducted, maybe in the fall, inviting the communities around the lakes that have been determined to possibly accept boats with electric motors. He listed his concerns as being the addition of pontoon boats, safety, and rescue efforts. Councilmember Petschel raised the issue of there not being a boat launch, her desire to not have a boat launch, and concerns of people dragging their boats or trailers over the parking lot curb and launching their boats anyway. She also suggested limiting the hours electric motors would be allowed on the lake because of the noise they make. Mayor Krebsbach stated that the Council would take this request under advisement, work with staff, and investigate what the implications of this whole package would be. COUNCIL COMMENTS Councilmember Petschel commended St. Thomas Academy because their JROTC Team won the national title in the Academic Bowl. They also entered the Tri-Service JROTC Championship and won there as well. Councilmember Petschel also commented that Ian Punnett and his wife Margery were at the Olive Grove Store broadcasting on MyTalk Radio and did a food drive. Mayor Krebsbach reminded residents that she, Councilmember Petschel, Councilmember Povolny, and Councilmember Duggan were available to participate in cul-de-sac parades for the 4th of July. Councilmember Duggan wished everyone a good and safe 4th of July celebration. Councilmember Povolny again commended the residents of Mendota Heights for the pride they take in their properties. Everything is always well taken care of. This was most evident after the storm damage with everyone helping everyone else. It was fantastic. pg 9 Regarding the fireworks display at Mendakota Country Club, Chief of Police Michael Aschenbrener stated that only one-half of the Mendota Park parking lot is covered with storm debris but the other half is open for parking. There are also parking spaces up on top of the hill. Fireworks will start at 10:00 p.m. Chief Aschenbrener also reminded residents that July 4th is the first Wednesday of the month and all sirens will sound at 1:00 p.m. for the regular monthly test, even though it is a holiday. ADJOURN Mayor Krebsbach adjourned the meeting at 8:39 p.m. ____________________________________ Sandra Krebsbach Mayor ATTEST: _______________________________ Lorri Smith City Clerk pg 10 MH Parks and Recreation Commission 7-10-2012 Page 1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PARKS AND RECREATION MEETING July 10, 2012 The July meeting of the Mendota Heights Parks and Recreation Commission was held on Tuesday, July 10, 2012 at Mendota Heights City Hall, 1101 Victoria Curve. Chair Levine called to order the parks and recreation commission meeting at 6:31 p.m. The following commissioners were present: Chair Stephanie Levine, Commissioners Mary McGrory- Ussett, Ira Kipp, David Miller, Mike Toth and Pat Hinderscheid. Staff present: Assistant to the City Administrator Jake Sedlacek, Recreation Programmer Teresa Gangelhoff and City Engineer/Public Works Director John Mazzitello. Approval of the Agenda COMMISSIONER MILLER MADE A MOTION TO APPROVE THE AGENDA; COMMISSIONER MCGRORY-USSETT SECONDED THE MOTION. AYES 6: NAYS 0 Approval of Minutes of May 8, 2012 COMMISSIONER HINDERSCHEID MADE A MOTION TO APPROVE MINUTES OF THE MAY 8, 2012 MEETING; COMMISSIONER MCGRORY-USSETT SECONDED THE MOTION. AYES 6: NAYS 0 Approval of Minutes of June 4, 2012 COMMISSIONER HINDERSCHEID MADE A MOTION TO APPROVE MINUTES OF THE JUNE 4, 2012 MEETING; COMMISSIONER TOTH SECONDED THE MOTION. AYES 6: NAYS 0 Recreation Programmer Update Ms. Gangelhoff reviewed the programmer’s report which was provided at the meeting. Special attention was drawn to the Cliff Timm Fishing Derby, as staff and the commission wanted to recognize Gander Mountain for sponsoring the event, Fischerville Coffee Shop for provided cool beverages on a hot evening. The Cliff Timm Memorial Trust Fund continues to be the biggest supporter of the fishing derby pg 11 MH Parks and Recreation Commission 7-10-2012 Page 2 The commission asked staff to provide more emphasis on learn-to-swim programs available to residents. Trail System Update Mr. Mazzitello reviewed the memo provided to the commission, noting that the City of Mendota Heights has a higher percentage of trails compared to total roadway than most cities. The commission had several questions about specific trail segments and funding opportunities. Specific areas discussed included the intersection at Dodd and 110, Dodd Avenue trail between 110 and Marie Ave, as well as Marie Ave. up to Wentworth Ave. The Eugenia Ave unused right of way, Valley Park Trail and opportunities to access Dodge Nature Center Properties were also discussed. Mr. Mazzitello reported that engineering staff hopes to have a draft Trail Improvement Program for review this fall/winter. This plan will detail short and long term priorities for maintaining and improving the trail system, to assist with budgeting and grant seeking. Without taking formal action, the commission committed to keeping a close eye on trail system issues and forwarding that information to staff for planning purposes. No commission action was necessary Par 3 Update Mr. Sedlacek provided the June 2012 update for the Par 3 golf course. Agenda materials included the 2012 Pro-Forma showing projections for revenues and expenditures, and a comparison of June 2012 to June 2011. The course made a profit of just under $10,000 for the month of June, staff is cautiously optimistic – the months of June, July and August should see revenues higher than expenditures. Staff continues to keep a close eye on expenses, including maintenance and clubhouse staff costs. Upcoming summer events were reviewed, including the new Sr. Golf League on Friday mornings, and a lunch special aimed at working professionals. Storm damage at the Par 3 includes the loss of two mature trees and damage to the roof of the clubhouse. The losses will be covered in some part by insurance, but staff is not certain what the deductible will be. No commission action was necessary August Meeting The regular meeting date for the August 2012 parks and recreation commission meeting falls on the day of the Minnesota Primary Election. The commission discussed whether to push the start time back to 8:00 p.m., to change dates or cancel the meeting altogether. Staff reported that there are no items anticipated to require a decision by the commission for the August meeting. pg 12 MH Parks and Recreation Commission 7-10-2012 Page 3 The consensus of the commission was to request that city council cancel the regularly scheduled meeting. Commission Comments The commission asked for an update on the issue of electric motors on Rogers Lake. Mr. Mazzitello provided information on the request that has been received by council, to allow electric motors on the southern portion of Rogers Lake. The commission expressed concern that motors may have a negative impact on water quality and that there is no good place to launch a boat for the general public. Chair Levine provided a reminder about the Night to Unite, which is scheduled for Tuesday, August 7, 2012. If residents would like to register their party with the city, they can find contact information for Officer Denise Urmann. Public safety staff will do their best to visit each party which invites them. Mr. Mazzitello reported that the curbside clean-up from the June storms was completed. Crews from public works have been through the entire city. A contractor will be on site this week with a tub grinder to remove debris from Mendakota Park. Neighbors to the park will be sent notice of the projected hours of operation, as the grinder will be quite noisy. The contractor will be removing all woodchips, which was a factor in the favorable bid received for grinding. Adjourn COMMISSIONER MCGRORY-USSETT MADE A MOTION TO ADJOURN THE MEETING; COMMISSIONER HINDERSCHEID SECONDED THE MOTION. AYES 6: NAYS 0 The meeting adjourned at 7:52 p.m. Respectfully Submitted by Jake Sedlacek pg 13 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AIRPORT RELATIONS COMMISSION MINUTES July 11, 2012 The regular meeting of the Mendota Heights Airport Relations Commission was held on Wednesday, July 11, 2012 at 7:00 p.m. at 1101 Victoria Curve, Mendota Heights, MN. The following commissioners were present: David Sloan, Kevin Byrnes, William Dunn, Paul Portz, Jim Neuharth, Gina Norling and Gretchen Keenan Absent: Sally Lorberbaum (excused) Also present: City Councilmember Liz Petschel, Senator Jim Metzen, Representative Joe Atkins, and City Administrator Justin Miller Approval of Minutes Neuharth made a motion, seconded by Dunn, to approve the June 13, 2012 minutes as presented. All voted in favor. Legislative Delegation Visit Chair Sloan asked members to introduce themselves and to briefly describe their role within the commission. Sloan also presented the commission’s 2012 work plan and then the floor was opened for discussion. Councilmember Petschel provided background on the MAC and NOC activities. Rep. Atkins indicated how impressed he was with the empirical approach the ARC took and thought that the commission had a very good reputation. He had worked to implement a similar group while he was mayor of Inver Grove Heights. Sen. Metzen expressed his support for the commission actions and also indicated a desire to continue to meet with the ARC, possibly on an annual basis. Inver Grove Heights Joint Meeting Request Miller stated that he was approached by the Inver Grove Heights Aircraft Noise Abatement Commission about a joint meeting. Lorberbaum, in an email, suggested that the commission invite a few of their members to our next meeting and offer assistance on a one-on-one basis. The commission agreed with this approach and directed Miller to contact Inver Grove Heights about our fall meeting schedule. Neighborhood Meeting Discussion Miller stated that at the last meeting there was a discussion about holding a neighborhood meeting/open house similar to what Eagan has done in the past. Sloan offered that the NOC and FAA would be holding open houses in the fall to discuss the planned RNAV routes and that we may be able to use these meetings as an opportunity for outreach. The commission asked Miller to extend an offer to MAC to host one of the meetings somewhere in Mendota Heights. Chart Review Neuharth presented three charts that were reporting the same data but in different formats. His goal was to limit the number of charts that are presented, and the commission agreed that the control chart format (with a running total of all data included) be the preferred format. Neuharth stated he would work with Miller on getting these set up. pg 14 Acknowledge Receipt of Various Reports/Correspondence The monthly reports for May 2012 were acknowledged and commissioners updated their respective areas of focus. Adjourn Portz made a motion, seconded by Neuharth, that the meeting be adjourned. All voted in favor. Meeting adjourned at 8:42 pm. pg 15 DATE: July 17, 2012 TO: Mayor, City Council, City Administrator FROM: Paul R. Berg, Code Enforcement Officer SUBJECT: Sign permit approval for 750 Main St., Suite # 102 BACKGROUND De Mars Signs Inc. has submitted for council review and approval a non-illuminated two sided blade type sign containing six square feet of signage. Also they are proposing an illuminated twenty six square foot sign to be placed on the building wall above the new tenant’s entry. The signs will show the company logo and the following message: “Be Well “and below that script the statement is as follows: “BE PRESENT, BE INSPIRED, THRIVE.” Please see attached colored depictions of both signs. Ross Fefercorn, manager of the Village at Mendota Heights, has approved this requested signage. BUDGET IMPACT N/A RECOMMENDATION Staff recommends council approval of the signs as proposed. If council agrees with staff recommendation it should pass a motion of approval and grant staff the authority to issue the requested permits. pg 16 pg 17 pg 18 DATE: July 17, 2012 TO: Mayor, City Council, & City Administrator FROM: Paul R. Berg, Code Enforcement Officer SUBJECT: Sign permit approval for 774 Highway #110 BACKGROUND Jason Meyer with Quality Sign Solutions has submitted a permit application requesting Council approval of a 44 square foot tenant space sign. The proposed sign will be illuminated. The new tenant for this space is to be Sedona Skin Spa and the sign will represent this message along with their logo. Please see colored depiction of sign attached. Paster Enterprises, LLC has approved the sign. BUDGET IMPACT N/A RECOMMENDATION Staff recommends approval of the 44 square foot illuminated sign. If council agrees with the staff recommendation it should pass a motion of approval and grant staff authority to issue the requested sign permit. pg 19 pg 20 DATE: July 17, 2012 TO: Mayor and City Council FROM: Justin Miller, City Administrator SUBJECT: Out of State Travel Request BACKGROUND The City of Mendota Heights travel policy requires city council approval for any employee who wishes to travel out of state for conferences, training, or other city-associated project. Two requests are before the council at this time: 1) This year’s International City/County Management Association (ICMA) annual conference will be held in Phoenix from October 7-12. I am seeking approval to attend this conference. Airfare, registration, hotel and meals are anticipated to total approximately $1400 total. 2) The International Fire Chiefs Conference is being held in Denver this year on August 1-4. The cost of the conference is $595.00, the hotel is estimated to cost $620.00 for three nights, and the cost of an airfare is $300.00, meals for three days would be $198.00 (based on GSA), and the shuttle would cost $60.00. BUDGET IMPACT Money is budgeted in each department’s budget for 2012. RECOMMENDATION If the city council agrees, staff recommends that the Mendota Heights City Council approve a motion authorizing City Administrator Justin Miller to attend the 2012 ICMA annual conference in Phoenix, Arizona from October 7-12, 2012 and Fire Chief John Maczko to attend the International Fire Chiefs Conference in Denver, Colorado from August 1-4, 2012. pg 21 DATE: July 17, 2012 TO: Mayor and City Council FROM: Justin Miller, City Administrator SUBJECT: Successful Completion of Probationary Period BACKGROUND Effective July 21, 2012, Tamara Schutta will have successfully completed her one-year probationary period as HR Coordinator. Tamara has been a great asset to the City. She has a great attitude and demonstrates professional expertise in all that she does. This past year, Tamara was instrumental in managing the hiring process for several key positions for the City. Positions included the City Administrator, Account Technician and City Clerk. Tamara was successful in obtaining a $7,750 CCOGA Unit Incentive Program Grant for employees enrolled in the H.S.A. health insurance plan, negotiated with our employee bargaining units, managed the RFP process for a new agent of record for employee benefits, and updated various policies. BUDGET IMPACT Tamara Schutta’s position is a Grade Level 22 in the City’s position and pay classification plan. On July 21, 2012, Ms. Schutta will be at Grade Level 22, Step C with a current hourly rate of $27.55. RECOMMENDATION City staff recommends that the City Council officially appoint Tamara Schutta to the position of regular, full-time HR Coordinator, effective July 21, 2012. If the council agrees with the recommendation, approve the official appointment of Tamara Schutta to the position of regular, full-time HR Coordinator effective July 21, 2012. This action requires a simple majority vote. pg 22 DATE: July 17, 2012 TO: Mayor, City Council & City Administrator FROM: Paul R. Berg, Code Enforcement Officer SUBJECT: Approval of Building Permit for Exterior work at 1440 Northland Drive BACKGROUND Staff has received drawings, a building permit application and a scope of project for proposed exterior modifications to be constructed at 1440 Northland Drive. This submittal is for a portion of the former Brown College building. Please see attached document submittals. BUDGET IMPACT N/A RECOMMENDATION Staff recommends approval of the project as proposed. If Council agrees with staff recommendation it should pass a motion of approval and grant staff the authority to issue the requested building permit. pg 23 pg 24 pg 25 pg 26 Page 1 of 2 DATE: July 10, 2012 TO: Parks and Recreation Commission, Mayor and City Council FROM: Jake Sedlacek, assistant to the city administrator SUBJECT: Par 3 Update – June 2012 BACKGROUND The end of the school year coincides with the start of the busiest time of year for the Minnesota golf industry. Weather so far this year has been favorable for playing golf as well as growing turf. While there were a number of rain events in the month, they were mostly outside of our busiest times – Monday through Thursday evenings. Participation in recreation programs is slightly off pace from 2011. This is true of our Wednesday Night Women’s League, as well as youth camps and leagues. The new Senior Golf League on Friday mornings wrapped up its first session. The league was small, but a successful first attempt. Feedback from league players has been used to shape the second session, which will begin in August. UPCOMING EVENTS AND PROMOTIONS  Press Release on late-summer activities to be issued July 5, 2012.  Lunch Special, five holes for five dollars to be promoted through Chamber of Commerce  Fourth Annual Youth Open Tournament: Saturday, August 18, 2012  Friday Morning Senior League: August 10 through October 12, 2012  Mendota Heights Par 3 & Thompson Oaks Open Tournament: September 15, 2012  Night Golf Open Event (September: date to be determined) MAINTENANCE UPDATE Japanese Beetles have returned to the golf course – last fall this insect posed significant maintenance challenges for local courses. Maintenance staff is monitoring the situation, spot-treatments will be necessary, at a minimum. o Japanese Beetles will concentrate on an area to lay eggs – the resulting larvae feed on grass roots – entire chunks of sod become loose and die out. Tee boxes and greens have been aerated and top-dressed. The storm water outlet from Bachelor Ave which was cleared this spring has created a new maintenance issue – heavy rains require regular pumping of the pond to preserve trees. pg 27 Page 2 of 2 Storms the week of June 18 took down two trees and limbs from several others. The course ready to play by the evening of the day the storms passed through. Maintenance staff has two standing requests: o One load of class-five gravel to repair the maintenance building drive and to complete a parking area for rental carts by the clubhouse. o One load of sand to fill bunkers (all need to be re-edged). BUDGET IMPACT The attached monthly expenditure report shows revenues and expenditures through the end of June. The course has taken in $78,864 in revenues; expenditures for this period total $69,023. This results in net revenue over expenditure of $9,841 year to date. Staff has attached a copy of the pro-forma for 2012 which provides projects for the current year. This document is projections only, actual expenses and revenues for the year to date have not been filled in yet. pg 28 For Immediate Release (Thursday, July 6): Contact: Jake Sedlacek (651) 255-1142 jakes@mendota-heights.com Summer Activities at Mendota Height Par 3 MENDOTA HEIGHTS, Minn. - The Mendota Heights Par 3 Golf Course has a number of fun programs scheduled for the second half of this summer. There are still spaces available in youth golf camps, featuring three hours of instruction and games to help improve golf skills. Camps run each week, Monday through Thursday from 8:30 a.m. to 11:30 a.m. for ages 6 – 12 years and the cost is $110 per participant. Sign up online at www.mendota- heights.com. Our senior golf league is Friday mornings, starting on August 10, 2012 and wrapping up October 12, 2012. The senior league costs $9 per round, which includes a free cup of coffee and free pull cart. Call the clubhouse to set up your tee time at (651) 454-9822. The Fourth Annual Mendota Heights Youth Open is Saturday, August 18, 2012 for youth ages 7-15. Entry fee of $17 includes golf, food a beverage and prizes. Sign up at the clubhouse. Rates are: $11.00 per round weekdays, and $13.00 a round on weekends and holidays. Junior players and Senior players enjoy a discount of one dollar off each round. -more- pg 29 Summer Activities/Page 2 Did you Know? The Mendota Heights Par 3 also runs regular specials: Sunday Family Nights – kids play free with a paid adult; Weekday Lunch Deal – five dollars for five holes of golf, must pay between the hours of 11:30 a.m. and 1:30 p.m. The Par 3 is also a great place to host birthday parties and special events, including Night Golf. Our air conditioned clubhouse offers a range of concessions, including ice-cream, soft drinks, candy and pizza. The Mendota Heights Par 3 is located at 1695 Dodd Road in Mendota Heights. The clubhouse phone number is 651.454.9822. Please contact Clubhouse Manager Jen Zweber for more information. About Mendota Heights Par 3 Golf Course: The Mendota Heights Par 3 Golf Course is owned, operated and maintained by the City of Mendota Heights. The course opens in early April, depending on weather, and operates into October. For more information on the course, visit www.Mendota-Heights.com or follow the city’s Facebook page at www.Facebook.com/MendotaHeightsMN. ### pg 30 MENDOTA HEIGHTS PAR 3 Budget Performance Comparison June 2011 and 2012 REVENUES June June YTD YTD 2011 2012 2011 2012 GREENS, LEAGUE & TOURN FEES $16,740 $19,765 $35,257 $45,587 RECREATION PROGRAMS $2,988 $7,792 $27,637 $25,049 CONCESSIONS $3,730 $4,352 $6,952 $8,203 SUNDRY REVENUE $43 $0 $46 $26 INTEREST $0 $0 $0 $0 CAPITAL CONTRIBUTIONS $0 $0 $0 $0 PAR 3 FUND REVENUE TOTAL $23,501 $31,909 $69,892 $78,865 EXPENDITURES June June YTD YTD 2011 2012 2011 2012 CLUBHOUSE SALARIES $7,299 $6,747 $15,189 $13,290 ADMINISTRATIVE SALARIES $1,083 $1,666 $7,595 $10,739 FICA/PERA $960 $961 $2,899 $3,000 MEDICAL INSURANCE $135 $406 $1,567 $2,437 U/E & W/C INSURANCE $0 $0 $7,291 $6,269 RENTALS $152 $601 $1,252 $1,252 UTILITIES $627 $928 $2,567 $2,571 PROFESSIONAL FEES - AUDIT $0 $1,498 $0 $1,498 PROF FEES - CONSULTING FEES $275 $275 $525 $525 PROF FEES - GROUNDS MGMT $6,882 $3,000 $11,870 $5,000 PROF FEES - GROUNDS WAGES $0 $2,331 $0 $6,485 PROF FEES - TREE MAINTENANCE $0 $962 $0 $962 ADVERTISING/NEWSLETTER $0 $0 $210 $397 LIABILITY/AUTO INSURANCE $0 $0 $2,839 $2,359 OPERATING COSTS/SUPPLIES $1,134 $907 $4,160 $2,377 FUEL $337 $396 $1,029 $1,032 REPAIRS & MAINTENANCE $2,781 $2,364 $5,149 $7,404 SUNDRY/DUES/MILEAGE/CLOTHING $1 $48 $560 $919 CAPITAL OUTLAY $0 $0 $0 $0 ONLINE REG & CREDIT CARD FEES $212 $0 $932 $506 PAR 3 EXPENDITURES TOTAL $21,878 $23,090 $65,634 $69,022 Revenue over Expenditure:$1,623 $8,819 $4,258 $9,843 pg 31 Mendota Heights Par 3 Pro Forma Projected Jan - 1 2 Feb - 1 2 Mar - 1 2 Apr - 1 2 May - 1 2 Jun - 1 2 Jul - 1 2 Aug - 1 2 Sep - 1 2 Oct - 1 2 Nov - 1 2 Dec - 1 2 YEA R % Revenue Green Fees 7,200 20,400 23,400 26,800 24,300 13,200 3,600 1,100 120,000 64 Rentals 145 750 1,100 1,400 1,400 900 400 60 6,155 3 Pop 200 500 775 1,400 1,400 900 150 40 5,365 3 Beer 125 1,000 1,000 1,225 1,100 600 75 30 5,155 3 Food 25 25 250 350 350 50 40 1,090 1 Ice Cream/Candy 125 250 700 850 750 125 40 2,840 2 Golf Supplies 125 260 300 300 300 150 50 10 1,495 1 League Fees/Passes 1,900 2,200 17,300 12,000 11,000 600 45,000 24 Total Revenue 0 0 0 9,845 25,385 44,825 44,325 40,600 16,525 4,355 1,240 187,100 100 Cost of Sales Clubhouse Salaries 4,800 7,800 9,100 9,100 9,100 4,000 3,300 300 47,500 25% PERA/FICA 716 716 716 716 716 716 716 716 716 716 716 716 8,596 5% UE/WC Ins 493 493 493 493 493 493 493 493 493 493 493 493 5,920 3% GM Mngt 1,000 2,000 2,000 2,000 2,000 2,000 2,000 1,000 14,000 7% GM Wages 2,000 3,000 4,000 3,100 2,800 3,900 1,200 20,000 11% Gas&Oil 90 190 280 290 300 220 130 1,500 1% Equipment Repair 1,000 800 800 500 300 300 300 4,000 2% Rentals/Leases 550 550 200 1,300 1% Concessions 1,000 2,000 2,000 2,000 1,100 400 8,500 5% Telephone 83 83 83 83 83 83 83 83 83 83 83 83 1,000 1% Utility Elec 120 22 17 82 62 102 165 207 200 114 63 46 1,200 1% Utility Maint 50 100 70 350 250 300 750 880 750 700 550 250 5,000 3% Utility Gas 110 110 70 50 40 30 30 30 30 40 60 100 700 0% Utility Water 100 50 50 50 250 0% Utility Sewer 200 200 200 200 800 0% Course Maint 800 1,500 2,300 1,700 1,000 1,500 8,800 5% Building Maint 300 250 150 700 0% Online & CC Fees 0 0% Total Cost of Sales 1,673 1,725 2,450 14,065 19,985 22,655 20,978 19,210 14,743 8,127 2,466 1,689 129,766 69% Gross Profit (Loss)(1,673)(1,725)(2,450)(4,220)5,400 22,170 23,347 21,390 1,782 (3,772)(1,226)(1,689)57,334 31% Overhead Expenses * Admin Salaries 1,799 1,799 1,799 1,799 1,799 1,799 1,799 1,799 1,799 1,799 1,799 1,799 21,588 12% Admin Insurance 475 475 475 475 475 475 475 475 475 475 475 475 5,702 3% Legal Services 0 0% Ops Supplies 600 400 500 200 175 175 150 100 2,300 1% Advertising 200 200 200 600 0% Mileage 65 140 115 80 400 0% Audit Services 2,365 2,365 1% Rubbish 75 100 100 100 75 75 75 600 0% Membership Dues 70 90 160 0% Insurance 250 250 250 250 250 250 250 250 250 250 250 250 3,000 2% Conc license 0 0% Alcohol Trng 300 300 0% Apparel 0 0% Tot. Overhead Exp.2,594 2,524 2,524 3,554 3,524 5,629 2,824 2,889 2,774 2,949 2,624 2,604 37,015 20% Net cash flow from operations -4,267 -4,249 -4,974 -7,774 1,876 16,541 20,523 18,501 -992 -6,721 -3,850 -4,293 20,319 Capital/Other Expenditures Clubhouse (roof)5,000 5,000 3% Course Beautification 500 1,000 1,000 2,500 1% Total Cap Expend 0 0 0 0 500 6,000 0 0 1,000 0 0 0 7,500 4% Increase (Dec) in cash (4,267)(4,249)(4,974)(7,774)1,376 10,541 20,523 18,501 (1,992)(6,721)(3,850)(4,293)12,819 Beginning cash balance 48,490 44,223 39,974 35,000 27,225 28,601 39,142 59,665 78,166 76,174 69,452 65,602 48,490 Ending cash balance 44,223 39,974 35,000 27,225 28,601 39,142 59,665 78,166 76,174 69,452 65,602 61,309 61,309 *15% is a reasonable expectation for overhead expenses. pg 32 Page 1 of 1 DATE: July 17, 2012 TO: Mayor, City Council and City Administrator FROM: Jake Sedlacek, Assistant to the City Administrator SUBJECT: August Parks and Recreation Commission meeting BACKGROUND The next regular meeting of the Mendota Heights Parks and Recreation Commission is scheduled for Tuesday, August 14, 2012. This date is also the day of the Minnesota Primary Election. Under state law, no public meetings may be held until 8:00 p.m. The commission discussed their options for the August meeting. Staff reported that there are no anticipated items requiring action by the commission, and that regular reports will still be provided to commissioners. BUDGET IMPACT N/A RECOMMENDATION The consensus of the commission was to request that the August Parks and Recreation Commission be cancelled. If staff identifies an issue which requires an August meeting, it would be scheduled for 8:00 p.m. August 14, 2012. If council wishes to implement the recommendation, pass a motion acknowledging that the August 14, 2012 parks and recreation commission meeting is cancelled. This action requires a simple majority vote. pg 33 Page 1 of 1 DATE: July 17, 2012 TO: Mayor, City Council and City Administrator FROM: Jake Sedlacek, Assistant to the City Administrator SUBJECT: T-Mobile Amendment to Lease for New Antenna BACKGROUND T-Mobile has requested an amendment to their lease at the water tower, to document the installation of new antennas. The attached amendment replaces site plan exhibits included in the original lease with updated site plan drawings. The new drawings provide description of old and new equipment. There will be no discernible visual impact, allowing the work to occur under the existing conditional use permit. The amendment does not change any other terms of the original lease. BUDGET IMPACT Costs associated with analysis and oversight of installation is the responsibility of the cellular provider. The provider is working with engineering staff to ensure that the proposed equipment is installed properly. RECOMMENDATION Staff recommends approval of the First Amendment to the Agreement subject to the review and approval by the city attorney. If city council wishes to implement this recommendation, pass a motion authorizing the mayor to sign the amendment. This action requires a simple majority vote. pg 34 Site # A1Q0065A Market - Minnesota FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT (“Amendment”) is made and entered into by and between the City of Mendota Heights, a Minnesota municipal corporation (“Landlord”), and T- Mobile Central LLC, a Delaware limited liability company (“Tenant”). Recitals The parties hereto recite, declare and agree as follows: A. Landlord and Tenant (or as applicable, their respective predecessors in interest) entered into an Agreement dated December 1, 1998 with respect to Premises located at 2431 Lexington Avenue South, Mendota Heights, Minnesota. B. Landlord and Tenant desire to enter into this Amendment in order to modify and amend certain provisions of the Lease. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant covenant and agree as follows: 1. Effective as of August 1, 2012, Tenant will have the right to modify its Antenna Facilities as described and depicted on Exhibit A, which is attached hereto and by this reference incorporated herein, and Landlord hereby consents to and approves of the modifications described and depicted on Exhibit A in all respects. 2. Tenant’s notice addresses in the Lease are deleted in their entirety and replaced with the following: If to Tenant: T-Mobile Central LLC 12920 SE 38th Street Bellevue, WA 98006 Attn: Lease Compliance Site # A1Q0401A 3. The terms and conditions of the Lease are incorporated herein by this reference, and capitalized terms used in this Amendment shall have the same meanings such terms are given in the Lease. Except as specifically set forth herein, this Amendment shall in no way modify, alter or amend the remaining terms of the Lease, all of which are ratified by the parties and shall remain in full force and effect. To the extent there is any conflict between the terms and conditions of the Lease and this Amendment, the terms and conditions of this Amendment will govern and control. 4. Landlord represents and warrants to Tenant that the consent or approval of no third party, including, without limitation, a lender, is required with respect to the execution of this Amendment, or if any such third party consent or approval is required, Landlord has obtained any and all such consents or approvals. pg 35 2 IN WITNESS WHEREOF, the parties have executed this Amendment effective as of the date of execution by the last party to sign. City of Mendota Heights T-Mobile Central LLC a Minnesota municipal corporation a Delaware limited liability company By:_______________________________ By:__________________________________ Name:____________________________ Name:_______________________________ Title:_____________________________ Title:________________________________ Date:_____________________________ Date:_________________________________ pg 36 DO NOT SCALE DRAWINGS SITE TYPE: WATER TANK DRIVING DIRECTIONS SITE NUMBER: A1Q0065A SITE NAME: MENDOTA HEIGHTS LOCATION MAP T Mobile T1 SITE QUALIFICATION PARTICIPANTS SCOPE OF WORK DRAWING INDEX 2012 MODERNIZATION PROJECT - MINNEAPOLIS MARKET T Mobile TO OBTAIN LOCATION OF PARTICIPANTS UNDERGROUND FACILITIES TOLL FREE: 1-800-252-1166 OR BEFORE YOU DIG IN MINNESOTA, CALL GOPHER STATE ONE CALL FAX A LOCATE: 1-800-236-4967 SITE INFORMATION CODES AND STANDARDS · · · · · · pg 37 T Mobile C1 pg 38 T Mobile C2 pg 39 T Mobile C3 pg 40 T Mobile A1 pg 41 T Mobile S1 AA CB pg 42 T Mobile RF-1 pg 43 T Mobile RF-2 pg 44 T Mobile N1 1.Painting Instructions: Contractor shall be responsible for performing spot coating repairs to areas damaged by the installation per the following requirements. a. Painting of all new items and repair of all damaged areas of the tower will be required. Surface preparation and painting requirements are as follows: b. Under the direction of the Engineer, spot repair the tank and tower surfaces where the coating has been damaged by structural repairs and modifications, to an SSPC-SP-10 Near White Metal Blast Clean. This work includes all new items and at other areas damaged by structural repairs or modifications. Feather edges of existing coating, at spot blasted areas, using SSPC-SP-3 Power Tool Cleaning methods. c. Before any primer or coating is applied, metal surfaces shall be completely dry, dust free, inspected, and approved by the Engineer. d. No coating shall be permitted when the relative humidity is expected to exceed 85% or temperature is expected to drop below 40 degrees within 8 hours after the application of the coating. Proceed with surface preparation and coating application only when air and surface temperatures are above the manufacturer's recommended minimum surface temperature and below 100 degrees F, and surface temperature is at least 5 degrees above wet bulb air temperature reading. Coating shall not be applied to dusty, wet, or damp surfaces, and shall not be applied in rain, snow, fog, or mist. If working conditions are questionable, the Engineer shall make the decision and the Contractor shall accept the Engineer's interpretation as final and binding. e. Prime coat must be applied within 8 hours of abrasive blasting. f. Apply by brush one (1) additional coat of primer to insure a uniform coat of primer thoroughly worked into and around all seams, welds, bolt assemblies, plate overlap seams, and other irregularities in the surface. g. Antennas, exterior coax cables, and exterior jumper cables to be painted to match existing tank color. All items attached directly to the tank, such as mounting brackets and supports, should be painted to match existing tank coating system and color. Cables may require scarification prior to coating. h. Exposed coaxial cables: Solvent wipe all exposed cables, prior to priming with the recommended solvent. Prime the cables and jumper cables with 2 coats of X-I-M Coax Cable Binder & Sealer (Product No. 1138). Manufacturer's phone number is (800) 262-8469. After priming apply one finish coat to the cables as directed by the engineer. i. If galvanized materials used, the galvanized surfaces must be solvent wiped and brush-blasted prior to coating. j. Specifications apply to both shop and field coating. k. Exterior surface spot repair and re-coating i.Spot prime and finish coat repaired areas as specified by manufacturer. The coating system shall match the existing coating system on the tower. The exterior primer shall be TNEMEC Series 90-1K97 Aromatic Polyurethane, Zinc Rich Primer 2.0 - 3.5 mils DFT. The DFT of the primer at any individual spot measurement location shall be 3.0 mils minimum. Intermediate coat shall be TNEMEC Series N140, at 4.0 - 6.0 mils DFT. The DFT of the primer plus intermediate coat at any individual spot measurement location shall be 5.0 mils minimum. Exterior finish coat shall be TNEMEC Series 1075 at 2.0 - 4.0 mils DFT. The total dry film thickness including the primer and the finish coat shall be 8.0 mils minimum - 13.5 mils with an average of 11.0 mils DFT. The minimum dry film thickness of the coating at any individual spot location shall be 8.0 mils. Color shall match the existing coating color on the tower. ii.Exterior coating shall be by brush and roller only. b. Interior dry surface spot repair and re-coating: i.Spot blast the interior area of the tank at locations damaged during installation of antenna support brackets and penetrations through tower, to an SSPC-SP-10 Near White Metal Blast. Feather edges of existing coating, at spot blasted areas, using SSPC-SP-3 Power Tool Cleaning methods. c. The coating system shall match the existing coating system on the tank. It is believed that the existing coating system is a TNEMEC Series 90-1K97 Aromatic Polyurethane, Zinc Rich Primer 2.0 - 3.5 mils DFT. The DFT of the primer at any individual spot measurement location shall be 3.0 mils minimum. Intermediate coat shall be TNEMEC Series N140, at 4.0 - 6.0 mils DFT. The DFT of the primer plus intermediate coat at any individual spot measurement location shall be 6.0 mils minimum. The finish coat shall be TNEMEC Series N140 at 4.0-6.0 mils. The total dry film thickness including the primer, intermediate and finish coat shall be 9.0 mils minimum - 12.0 mils with an average of 10.0 mils. The minimum ii. dry film thickness of the coating at any individual spot location shall be 8.0 mils. The color shall match the existing interior dry color of 15 BL Tank White. d. Shop Painting shall follow the above mentioned procedures. pg 45 DATE: July 17, 2012 TO: Mayor and City Council FROM: Justin Miller, City Administrator SUBJECT: Change of Meeting Time for August 7th City Council Meeting BACKGROUND On August 7th the City of Mendota Heights will be hold our annual Night to Unite block party celebrations. Sponsored by the Minnesota Crime Prevention Association, AAA of Minnesota/Iowa, and local law enforcement agencies, Night to Unite will celebrate and strengthen neighborhood and community partnerships. Night to Unite is designed to: 1. Get to know one another in your neighborhood; 2. Build neighborhood involvement by bringing police and communities together; and 3. Bring awareness to crime prevention and local law enforcement efforts It is common for elected officials and staff to attend these block parties, and many of them will occur during the evening hours. Since this is the same evening as a regularly scheduled city council meeting, it has been suggested that the council meeting be pushed back to 8:00 pm for this occasion. BUDGET IMPACT N/A RECOMMENDATION If council agrees, staff recommends that the Mendota Heights City Council pass a motion setting the start time for the August 7th city council meeting to be 8:00 pm. This action requires a majority vote of the city council. pg 46 DATE: July 17, 2012 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, PE, Assistant City Engineer Michael Albers, PE, Civil Engineer SUBJECT: Accept Quotes and Award Contract for 2012 Sanitary Sewer Cleaning and Televising Project BACKGROUND Four proposals (see attached resolution) were received and opened on Wednesday, July 11, 2012 for the Sanitary Sewer Televising and Cleaning Project. Overline & Son, Inc. submitted the low bid of $35,735.28. Their bid was lower than the Engineer’s Estimate of $49,429.52. Based on the age of the pipe, staff anticipates that some additional work may be required that is not included in the low bid such as cutting root blockages, sags in the lines, or unforeseen restoration work. Our sanitary sewer system is aging. Many of our pipes are 60 years old and will soon be in need of repair. Cleaning our sewer system on a regular cycle will help extend the life of the pipes. Televising of the system will show where immediate repairs are needed. Lining pipes in need of repair with cured-in-place-pipe will extend the life of our system. In 2002, $30,000 of damage was reported due to sewer problems. In 2006 there were four sewer backups with insurance claims totaling over $10,000. Due to the city’s proactive approach beginning in 2006, payouts resulting from sewer backups totaled less than $500 in 2008. In 2011, the city successfully defended itself again a sanitary sewer backup claim due to the city’s proactive approach to sanitary sewer maintenance. We want to continue preventing sewer backups and future damage expenses. The City o f Mendota Heights maintains 72.8 miles of sanitary sewer pipe. Currently, Rich Burrows along with one seasonal employee cleans approximately 10 miles of pipe per year. In addition, last year the city contracted with Pipe Services Corporation for cleaning approximately 8.2 miles of the City’s sanitary sewer system and televising approximately 19.3 miles of the City’s sanitary sewer system. At our current rate, we are cleaning the system every 4-6 years The proposed project is for the cleaning of approximately 4.0 miles of the City’s sanitary sewer system and televising approximately 11.6 miles of the City’s sanitary sewer system. The project area was partially cleaned and televised in 2007. pg 47 The completion date for the project is October 26, 2012. I expect that Overline & Son, Inc. is capable of meeting the completion dates and implementing the project in accordance with the plans and specifications given. BUDGET IMPACT The project costs will be funded through the Sanitary Sewer Utility Fund which has sufficient funds to cover the project costs. The 2012 city budget includes $100,000 for sanitary sewer maintenance (approximately $50,000 for sanitary sewer cleaning and televising and $50,000 for sanitary sewer lining). RECOMMENDATION Staff recommends that the council accept the quotes and award the contract to Overline & Son, Inc. for their bid in the amount of $35,735.28. If city council wishes to implement the staff recommendation, pass a motion adopting A RESOLUTION ACCEPTING QUOTES AND AWARDING CONTRACT FOR THE 2012 SANITARY SEWER CLEANING AND TELEVISING (PROJECT #201204). This action requires a simple majority vote. pg 48 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2012- A RESOLUTION ACCEPTING QUOTES AND AWARDING CONTRACT FOR THE 2012 SANITARY SEWER CLEANING AND TELEVISING PROJECT (PROJECT #201204) WHEREAS, pursuant to a request for quotes for the proposed cleaning and televising of sanitary sewers to serve the area referred to as 2012 Sanitary Sewer Televising and Cleaning Project (City Project No. 201204), bids were received, opened and tabulated according to law and the following bids were received complying with said advertisement: NAME OF BIDDER AMOUNT OF BID Overline & Son, Inc. $35,735.28 Pipe Services Corporation $38,714.55 Infratech $52,857.48 Hydro-Vac, Inc. $53,411.46 and WHEREAS, the City Engineer recommended that the low bid submitted by Overline & Son, Inc. of Belle Plaine, Minnesota, be accepted. NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council as follows: 1. That the bids for the above project are hereby received and accepted. 2. That the bid of Overline & Son, Inc. of Belle Plaine, Minnesota, submitted for the cleaning and televising of the above described project be and the same is hereby accepted. 3. That the contract be awarded to Overline & Son, Inc. of Belle Plaine, Minnesota, and that the Mayor and Clerk are hereby authorized and directed to execute and deliver any and all contracts and documents necessary to consummate the awarding of said bids. Adopted by the City Council of the City of Mendota Heights this seventeenth day of July 2012. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Kresbach, Mayor ATTEST _________________________ Lorri Smith, City Clerk pg 49 DATE: July 17, 2012 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, PE, Assistant City Engineer Michael Albers, PE, Civil Engineer SUBJECT: Approval of Plans and Specifications and Authorization to Advertise for Bids for 2012 Sanitary Sewer Rehabilitation Project BACKGROUND Our sanitary sewer system is aging. Many of our pipes are 60 years old and will soon be in need of repair. Cleaning our sewer system on a regular cycle will help extend the life of the pipes. Televising of the system will show where immediate repairs are needed. Lining pipes in need of repair with cured-in-place-pipe will extend the life of our system. The proposed 2012 Sanitary Sewer Rehabilitation Project consists of lining approximately 1500 feet of sanitary sewer on Lexington Avenue near Wagon Wheel Trail and lining approximately 250 feet of sanitary sewer on Lilac Lane near Caren Road. The locations were determined from the report provided with the 2008 sanitary sewer cleaning and televising project. The completion date for the project is December 28, 2012. BUDGET IMPACT The project costs will be funded through the Sanitary Sewer Utility Fund which has sufficient funds to cover the project costs. The 2012 city budget includes $100,000 for sanitary sewer maintenance. The sanitary sewer cleaning and televising project will cost approximately $36,000 which leaves approximately $64,000 for sanitary sewer lining. RECOMMENDATION Staff recommends that the council approve the final plans and specifications and authorize staff to advertise for bids. If city council wishes to implement the staff recommendations, pass a motion adopting A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE 2012 SANITARY SEWER REHABILITATION PROJECT (PROJECT #201205). This action requires a simple majority vote. pg 50 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2012- A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE 2012 SANITARY SEWER REHABILITATION PROJECT (PROJECT #201205) WHEREAS, the City Engineer reported that the proposed improvements and construction thereof were feasible, desirable, necessary, and cost effective, and further reported on the proposed costs of said improvements and construction thereof; and WHEREAS, the City Council has heretofore directed the City Engineer to proceed with the preparation of plans and specifications thereof; and WHEREAS, the City Engineer has prepared plans and specifications for said improvements and have presented such plans and specifications to the City Council for approval. NOW THEREFORE BE IT RESOLVED; by the Mendota Heights City Council as follows: 1. That the plans and specifications for said improvements be and they are hereby in all respects approved by the City. 2. That the Clerk with the aid and assistance of the City Engineer be and is hereby, authorized and directed to advertise for bids for said improvements all in accordance with the applicable Minnesota Statutes. Adopted by the City Council of the City of Mendota Heights this seventeenth day of July 2012. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST _________________________ Lorri Smith, City Clerk pg 51 DATE: July 17 , 2012 TO: Mayor and City Council FROM: Lorri Smith, City Clerk SUBJECT: Approval of Massage Therapist Licenses for employees of Green Lotus Yoga and Healing Center INTRODUCTION Pursuant to Mendota Heights City Code 3-6-2: No person shall provide massage services or engage in the business of operating an enterprise defined in section 3-6-1 of this chapter, either exclusively, or in connection with any other city business enterprise, without first obtaining a license issued by the city. A therapeutic massage enterprise must meet all of the requirements of chapter 12 of this code. An applicant having an establishment within the city must apply for a license for the premises. Each individual who provides massage must obtain an individual license. DISCUSSION Delaina Rae Hinrichs, 715 16th Avenue North, South St. Paul, MN 55075, and working at Green Lotus Yoga and Healing Center, has successfully submitted the required renewal application, license fee and investigation fee for a massage therapist license required per City Code. Roger Lee Hinrichs, 715 16th Avenue North, South St. Paul, MN 55075, and working at Green Lotus Yoga and Healing Center, has successfully submitted the required renewal application, license fee and investigation fee for a massage therapist license required per City Code. Jean S. Knox, 1095 Ivy Hill Drive, Mendota Heights, MN 55118, and working at Green Lotus Yoga and Healing Center, has successfully submitted the required documentation and certification hours for a new massage therapist license application along with license fee and investigation fee required per City Code. The Mendota Heights Police Department has successfully completed background investigations for all of the above therapist licensees with favorable results. Upon request of the city administrator, police chief or other city personnel, any applicant or licensee shall promptly provide evidence of compliance with the requirements outlined in this chapter. pg 52 ACTION REQUIRED Staff recommends the renewal of Massage Therapist licenses for the following employees of Green Lotus Yoga and Healing Center for the period effective July 18, 2012 through June 30, 2013: Delaina Rae Hinrichs Roger Lee Hinrichs Jean S. Knox pg 53 DATE: July 17, 2012 TO: Mayor, Council and City Administrator FROM: Michael Aschenbrener, Chief of Police SUBJECT: Joint Powers Agreement with the Minnesota Bureau of Criminal Apprehension (BCA) for Court Data Services Subscriber Amendment (eCharging ) BACKGROUND: The Mendota Heights Police Department has worked under a Joint Powers Agreement (JPA) with the Minnesota Department of Public Safety (DPS), Bureau of Criminal Apprehension for many years. In June, 2011, the City Council authorized participation in a Master agreement between the City and DPS. The attached JPA will be a new master agreement covering the City and the law firm of Grannis & Hauge, William Bernard Esq. or his successor. Minnesota Statute 471.59 requires the council to pass a resolution authorizing participation in a JPA. Minnesota State Statute 412.201 requires the Clerk and Mayor to sign the JPA document and resolution. Should future services be added, the Chief of Police is authorized to sign the sub-agreements to the master document. The attached JPA will be added to our existing Master JPA with DPS. It does not change the cost structure. The agreement allows the prosecutor, William Bernard, to use the State of Minnesota’s eCharging system and allows for improved service delivery to the courts and for eSigning of complaints. Under this system, a complaint can be remotely signed, without leaving the office and filed electronically at the courts. William Bernard has reviewed the JPA; he sees no adverse implications to the City and recommends adoption. BUDGET IMPACT No direct budget impact. RECOMMENDATION It is my recommendation that the city council authorizes the attached resolution authorizing the signing of the six copies of the JPA by the mayor and clerk. ACTION REQUIRED: If Council desires to implement the recommendation, pass a motion adopting Resolution No. 2012-____: “JOINT POWERS MASTER AGREEMENT WITH THE MINNESOTA BUREAU OF CRIMINAL APPREHENSION (BCA) FOR CRIMINAL JUSTICE AGENCIES, COURT DATA SERVICES SUBSCRIBER AMENDMENT.” pg 54 City of Mendota Heights Dakota County, Minnesota RESOLUTION 2012- RESOLUTION APPROVING A STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF MENDOTA HEIGHTS ON BEHALF OF ITS CITY ATTORNEY AND POLICE DEPARTMENT WHEREAS, the City of Mendota Heights on behalf of its Prosecuting Attorney and Police Department, desires to enter into a Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools available over the State’s criminal justice data communications network for which the City is eligible. The Joint Powers Agreements further provides the City the ability to add, modify and delete connectivity, systems and tools over the five-year life of the agreement and obligates the City to pay the costs for the network connection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Mendota Heights, Minnesota as follows: 1) That the State of Minnesota joint powers agreement by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Mendota Heights on behalf of its Prosecuting Attorney and Police Department, are hereby approved. Copies of the two joint powers agreements are attached to this resolution and made part of it. 2) That the Chief of Police, Michael Aschenbrener or his successor, is designated the Authorized Representative for the Police Department. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. To assist the Authorized Representative with the administration of the agreement, the City Administrator is appointed as the authorized representative designee. 3) That the law firm of Grannis and Hauge, William Bernard esq., or his successor, is designated the Authorized Representative for the Prosecuting Attorney. The Authorized Representative is also authorized to sign any subsequent amendment to agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. To assist the authorized representative with the administration of the agreement, the prosecuting attorney is appointed as the Authorize Representative’s designee. pg 55 4) That Sandra Krebsbach, the Mayor of the City of Mendota Heights, and Lori Smith, the City Clerk, are authorized to sign the State of Minnesota Joint Powers Agreements. Passed and Adopted by the Council on this 17th day of July, 2012. CITY COUNCIL CITY OF MENDOTA HEIGHTS By_________________________________ Sandra Krebsbach, Mayor ATTEST: By______________________________ Lorie Smith City Clerk pg 56 pg 57 pg 58 pg 59 pg 60 pg 61 pg 62 DATE:3-Jul-12 TO:Mayor, City Council and City Administrator FROM:Paul R. Berg, Code Enforcement Officer SUBJECT:Building Activity Report June 2012 Building No. Valuation Fee Collected Building No. Valuation Fee Collected Building No. Valuation Fee Collected Building No. Valuation Fee Collected Permits Permits Permits Permits SFD 0 SFD 1 $704,000.00 $6,514.26 SFD SFD 3 $1,353,883.00 $13,593.21 APT 0 $$APT $$APT $$APT $$ Townhouse 0 $$Townhouse $$Townhouse $$Townhouse $$ Condo 0 $$Condo $$Condo $$Condo $$ Misc.63 1,067,380.00$ 14,969.36$ Misc.248 3,918,593.00$ 49,302.62$ Misc.241 2,563,569.00$ 36,044.57$ Misc.236 2,500,997.00$ 40,555.39$ C/I 10 109,381.00$ 2,569.26$ C/I 77 14,383,540.00$ 101,272.78$ C/I 54 4,147,563.00$ 36,251.00$ C/I 56 5,087,975.00$ 45,969.95$ Sub Total:73 1,176,761.00$ $17,538.62 Sub Total:326 $19,006,133.00 $157,089.66 Sub Total:295 6,711,132.00$ 72,295.57$ Sub Total:295 $8,942,855.00 $100,118.55 Trade Trade Trade Trade Permits No. Valuation Fee Collected Permits No. Valuation Fee Collected Permits No. Valuation Fee Collected Permits No. Valuation Fee Collected Plumbing 21 $3,590.00$ Plumbing 101 $8,281.00$ Plumbing 69 $4,704.00$ Plumbing 77 $3,625.00$ Water 0 $Water 0 $Water $Water 1 $10.00$ Sewer 0 $Sewer 8 $200.00 Sewer 6 $150.00$ Sewer 6 $150.00$ Heat, AC & Gas 33 $2,948.00$ Heat, AC & Gas 131 $17,738.00$ Heat, AC & Gas 115 10,597.00$ Heat, AC & Gas 112 $9,707.00$ Sub Total:54 0 6,538.00$ Sub Total:240 $26,219.00$ Sub Total:190 $15,451.00$ Sub Total:196 $13,492.00$ Licenses No. Valuation Fee Collected Licenses No. Valuation Fee Collected Licenses No. Valuation Fee Collected Licenses No.Valuation Fee Collected Contractor Contractor Contractor Contractor Licenses 20 1,000.00$ Licenses 238 $11,900.00$ Licenses 242 $12,100.00$ Licenses 249 $12,450.00$ TOTAL 147 1,176,761.00$ 25,076.62$ TOTAL 804 $19,006,133.00 $195,208.66 TOTAL 727 6,711,132.00$ 99,846.57$ TOTAL 740 $8,942,855.00 $126,060.55 NOTE: All fee amounts exclude SAC, WAC, and State Surcharge. Amounts shown will reflect only permit, plan check fee, and valuation amounts. Current Month-June 2012 Year to Date June 2012 Current Month-June 2012 Year to Date June 2012 Year to Date June 2011 Year to Date June 2010 Year to Date June 2011 Year to Date June 2010 Current Month-June 2012 Year to Date June 2012 Year to Date 2011 June Year to Date June 2010 pg 63 pg 64 pg 65 pg 66 pg 67 pg 68 pg 69 pg 70 pg 71 pg 72 pg 73 pg 74 pg 75 DATE: July 17, 2012 TO: Mayor and City Council FROM: Justin Miller, City Administrator SUBJECT: Proposed Ordinance Amendment to Allow Electric Motors on Rogers Lake BACKGROUND At the July 3rd city council meeting, the Rogers Lake Property Owners Association (RLPOA) presented a request to allow electric boat motors on the south portion of Rogers Lake. At this meeting, the city council provided feedback and directed staff to work with the RLPOA to draft a revised ordinance for future council consideration. After the meeting, staff discussed the concerns voiced by the city council with representatives from the RLPOA and asked them to present the city with conditions that were acceptable to the association members. They provided this information back to staff and the city attorney has incorporated many of their suggestions into the attached draft ordinance. This item will be discussed at a workshop preceding the city council meeting, and it will also be an agenda item on the regular agenda in case the city council wishes to proceed with an ordinance amendment. Attached is the staff report from the July 3rd meeting which includes a petition from the RLPOA as well as surveys of other Dakota County cities and their policies regarding motors on their lakes. BUDGET IMPACT N/A RECOMMENDATION If council desires, staff recommends that the Mendota Heights City Council approve the attached ordinance amendment allowing electric motors on Rogers Lake. This action requires a majority vote of the city council. pg 76 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. ______ AN ORDINANCE AMENDING TITLE 6, CHAPTER 6 OF THE CITY CODE The City Council of the City of Mendota Heights, Minnesota ordains as follows: SECTION 1: City Code Title 6, Chapter 6, Recreational Vehicles, is hereby amended as follows: 6-6-1: Watercraft: D. Prohibited Acts and Conditions 1. Motorboats: No person shall operate or cause to be operated a motorboat upon any body of water within the corporate limits of the city except as provided herein. 2. Operation In An Annoying, Dangerous Manner: No person shall navigate, direct or handle any boat in such manner as to annoy, unnecessarily frighten or endanger the occupants of other boats or watercraft, or persons in or upon any body of water within the corporate limits of the city. 3. Hours: No person shall be or remain in any boat or otherwise upon any body of water within the city after twelve o'clock (12:00) midnight nor before daylight of the following day. 4. Electric Motorboats Allowed on Rogers Lake: Electric motorboats shall be permitted on that part of Rogers Lake that is south of Wagon Wheel Trail subject to the following conditions: a. Boats shall be restricted to a maximum length of 18’; b. Motors shall not exceed the maximum equivalent of 10HP; c. No motors shall be used outside of the posted Rogers Park hours; and d. Any boat using an electric motor shall be required to have oars on board. SECTION 2: This Ordinance shall be in full force and effect from and after its publication according to law. Adopted this ____ day of July, 2012. CITY COUNCIL CITY OF MENDOTA HEIGHTS By_______________________ Sandra Krebsbach, Mayor ATTEST: ___________________________ Lorri Smith, City Clerk 7073026v1 pg 77 DATE: July 3, 2012 TO: Mayor and City Council FROM: Justin Miller, City Administrator SUBJECT: Request to Allow Electric Motors on Rogers Lake BACKGROUND The City has received a request from the Rogers Lake Property Owners Association (RLPOA) to allow electric motors on the south portion of Rogers Lake. Attached to this report is their request, along with research provided by them about other policies on other Dakota County lakes, and a petition showing support for their request. At the end of this report is an analysis of lake ordinances found by staff. The current ordinance language reads as follows: 6-6-1: Watercraft: D. Prohibited Acts and Conditions 1. Motorboats: No person shall operate or cause to be operated a motorboat upon any body of water within the corporate limits of the city. In consultation with the city attorney, the RLPOA request would best be worded as follows to be consistent with the rest of our city code: 6-6-1: Watercraft: D. Prohibited Acts and Conditions 1. Motorboats: No person shall operate or cause to be operated a motorboat upon any body of water within the corporate limits of the city except as provided herein. 2. Electric Motorboats shall be permitted on that part of Rogers Lake that is south of Wagon Wheel Trail. If the city council wishes to accept the RLPOA’s request, staff would recommend that the following factors also be considered: 1. What factors (size, location, etc.) will be used to determine where electric motorboats will be allowed? 2. Will there be a maximum power of motor allowed? pg 78 3. Will there be restrictions as to time of day (i.e. not after sunset)? Current code prohibits boats between midnight and “daylight”). 4. Will this impact future request for weed control on Rogers Lake? 5. Are there other restrictions we should include? BUDGET IMPACT N/A RECOMMENDATION If the City Council agrees, staff recommends that the city council direct staff to develop a formal ordinance amendment, with any clarifying conditions, to a future city council meeting for approval. pg 79 Staff Survey of Dakota County Ordinances Relating to Motorized Boats City Allows Motors Allows Electric Motors No Motors Apple Valley Yes Yes No Burnsville Yes (5 hp or less) Yes No Eagan No Yes No Inver Grove Heights No No Yes Rosemount No No Yes South St. Paul (no lakes) West St. Paul No No Yes Lakeville Yes Yes No Mendota Heights No No Yes Hastings (Lake Rebecca) No Yes No Hastings (Lake Isabel) Yes Yes No pg 80 June 11, 2012 John R. Mazzitello, PE, PMP Public Works Director/City Engineer City of Mendota Heights, Minnesota 1101 Victoria Curve Mendota Heights, MN 55118 RE: Letter of Request Dear John, On behalf of the Rogers Lake Property Owners Association, please let this letter serve as our official request to the City that ordinance 6-6-1: Watercraft: D. Prohibited Acts and Conditions be amended as follows (added language in red): "1. Motorboats: No person shall operate or cause to be operated a motorboat upon any body of water within the corporate limits of the city, except on the South side of Rogers Lake (all areas of Rogers Lake that are South of Wagon Wheel Trail), in which case boats powered by electric motors are permissible.” Currently a majority of property owners are in favor of this change and believe that this will promote the use of Rogers Lake as a true DNR designated “Recreational Lake.” Attached is a petition of support. Also attached, for reference purposes, is a survey detailing the current status for motorboats in other Dakota County lakes of similar size. On behalf of the Rogers Lake Property Owners Association, I will attend the Mendota Heights City Council meeting on Tuesday, June 19, to address any concerns, questions, or comments the mayor, council or staff may have at that time. Thanks for your assistance throughout this process and I look forward to continue working with you and the City to keep Rogers Lake healthy. Sincerely, Tim W. Carlson President pg 77 pg 78 pg 79 DATE: July 17, 2012 TO: Mayor, City Council and City Administrator FROM: Tamara Schutta, HR Coordinator SUBJECT: Tuition Reimbursement Policy BACKGROUND During the 2012 budget discussions in August 2011, the City Council asked staff to review the Educational Incentive – Tuition Refund policy. The City Council also provided direction during the 2012 goal setting session held on February 9, 2012. In 1985, the City Council passed Resolution 85-107 adopting the personnel code. The purpose of the code is to establish a uniform and equitable system of municipal personnel administration for all employees of the city of Mendota Heights. Included in the personnel code is Section 23, Education Incentive – Tuition Refund. The objective of this policy is to encourage employees to continue to improve their skills and knowledge as an investment in quality performance for the mutual benefit of the employee and the city. Employer provided education assistance benefits are an important part of the city’s benefits program. It helps attract, develop and retain employees. Even more importantly it’s an investment in our employees. The current Education Incentive – Tuition Refund policy reads: All permanent, full-time city employees are encouraged to further their education by enrolling in work-related courses. The city shall provide an Education Incentive Plan for all permanent full-time employees of the city. If funds are not provided by any other governmental agency, the city shall pay the cost of tuition equal to that charged by State institutions after the employee has successfully completed a work-related course with a grade of “C” or better. The City Administrator will determine if a course is work-related and eligible for reimbursement. Upon completion of the course, the city shall pay the employee a one-time payment of ten dollars ($10.00) for each credit hour the employee has earned. A certificate or some other proof of achievement in an approved course shall be placed in the personnel file of the employee. Per City Council direction the tuition reimbursement policy has been amended. See attached copy of drafted tuition reimbursement policy. Changes to the policy include the following: pg 80 • Employees may be eligible for reimbursement up to $5,250 maximum per calendar year. • For budgeting purposes, employees must submit a Tuition Reimbursement Application Approval Form to their department head during the budget cycle in the year preceding the year in which the employee seeks tuition reimbursement for. • An employee who receives tuition reimbursement under this program and who later leaves employment within one (1) year must repay the City 100% of the amount the City reimbursed the employee for all tuition, books and fees related to the course(s). City staff as well as City Attorney Kevin Rupp have reviewed the revised Tuition Reimbursement policy. Also attached for your information is a tuition reimbursement summary of metro cities that provide this benefit to their employees. Attachment(s): 1. Red line version of Section 23 - Educational Incentive - Tuition Refund 2. Draft copy of Section 23 - Tuition Reimbursement Policy 3. Metro Cities Tuition Reimbursement survey summary BUDGET IMPACT As noted above. RECOMMENDATION Staff is recommending the City Council approve the proposed changes to the Section 23 Tuition Reimbursement policy with an effective date of January 1, 2013. To assist with the 2013 budget process, department heads will ask employees to complete a Tuition Reimbursement Application Approval form. If the City Council agrees with the proposed changes, a motion should be made to amend Section 23 - Tuition Reimbursement, of the Mendota Heights Personnel Code with an effective date of January 1, 2013. Approval of this item requires a simple majority vote of the City Council. pg 75 Attachment 1 SECTION 23. Educational Incentive - Tuition Refund All permanent, full-time City employees are encouraged to further their education by enrolling in work-related courses. The City shall provide an Education Incentive Plan for all permanent full- time employees of the City. If funds are not provided by any other governmental agency, the City shall pay the cost of tuition equal to that charged by State institutions after the employee has successfully completed a work-related course with a grade of “C” or better. The City Administrator will determine if a course is work-related and eligible for reimbursement. Upon completion of the course, the City shall pay the employee a one-time payment of ten dollars ($10.00) for each credit hour the employee has earned. A certificate or some other proof of achievement in an approved course shall be placed in the personnel file of the employee. SECTION 23. Tuition Reimbursement The City of Mendota Heights encourages employees to continue to improve their skills and knowledge as an investment in quality performance for the mutual benefit of the employee and the City. Regular full-time employees, upon successful completion of their probationary period, may be eligible for tuition reimbursement for courses taken for credit through accredited educational institutions. Employees may be eligible for reimbursement up to $5,250 maximum per calendar year for the cost of tuition, required books and fees required for class, such as lab fees. If an employee is receiving or is eligible to receive funding from another source, including but not limited to the Veterans Administration, a grant or scholarship, he or she is not eligible for tuition reimbursement for the amount he or she is eligible to receive or is receiving from the other sources. For budgeting purposes, employees must submit a Tuition Reimbursement Application and Approval Form to their department head during the budget cycle in the year preceding the year in which the employee seeks tuition reimbursement for. Departments will be expected to annually estimate the level of reimbursement expected for employees taking advantage of this policy for the upcoming fiscal year. Failure to prospectively plan and budget ahead may result in not being able to reimburse for any classes attended. To qualify for reimbursement, the following criteria must be satisfied: 1. The employee must have successfully completed their probationary period at the time of application. 2. A Tuition Reimbursement Application and Approval Form must be completed by employee and submitted to the department head in a timely fashion as set forth above. The college course must be approved by the supervisor/department head and City Administrator. The class must be job related or part of the approved pg 76 degree/certificate program. 3. Except for courses with a pass/fail grading system, the employee must receive a final grade of ‘C’ or better in any course for which tuition reimbursement is sought in order to receive reimbursement for the course. For courses having a pass/fail grading system, no reimbursement will be made for courses in which an employee receives a grade of “fail.” In the event an employee receives a grade of “incomplete”, no reimbursement will be forthcoming until a final grade is earned. 4. Employees participating in the tuition reimbursement program do so on a voluntary basis. Travel to and from classes, time spent in class and studying, and mileage are not compensable or reimbursable. 5. To request reimbursement, the employee must submit to the Finance Director a Tuition Reimbursement Request form; description and cost of course; copy of receipt for tuition, required books, and/or required fees; copy of Tuition Reimbursement Application and Approval form that has previously been approved, and a certified transcript of grades for the course(s) for which the employee seeks tuition reimbursement. A copy of the tuition reimbursement request will be placed in the employee’s personnel file. 6. An employee who receives tuition reimbursement under this program and who later leaves employment with the City, must agree to repay the City the entire amount reimbursed by the City as set forth below: • An employee who leaves his or her employment with the City within one (1) year after the end date of a course or courses for which the City reimbursed the employee pursuant to this policy must repay the City 100% of the amount the City reimbursed the employee for all tuition, books and fees related to the course(s). • No repayment of reimbursement is required for a particular course or courses if an employee leaves his or her employment with the City one (1) year or more after the end date of the course(s). An employee who leaves his or her employment with the City within one (1) year after the end date of a course or courses for which the employee received reimbursement pursuant to this policy must agree to repay the City the total amount reimbursed for the course(s) within 30 days after the effective date of the termination of the employee’s employment with the City or a mutual agreement repayment plan approved by the City Administrator. The City’s Tuition Reimbursement policy is a qualified plan under IRS Code 127. It provides non-taxable educational assistance for employees who take undergraduate and graduate courses up to $5,250 per calendar year. pg 77 Attachment 2 SECTION 23. Tuition Reimbursement The City of Mendota Heights encourages employees to continue to improve their skills and knowledge as an investment in quality performance for the mutual benefit of the employee and the City. Regular full-time employees, upon successful completion of their probationary period, may be eligible for tuition reimbursement for courses taken for credit through accredited educational institutions. Employees may be eligible for reimbursement up to $5,250 maximum per calendar year for the cost of tuition, required books and fees required for class, such as lab fees. If an employee is receiving or is eligible to receive funding from another source, including but not limited to the Veterans Administration, a grant or scholarship, he or she is not eligible for tuition reimbursement for the amount he or she is eligible to receive or is receiving from the other sources. For budgeting purposes, employees must submit a Tuition Reimbursement Application and Approval Form to their department head during the budget cycle in the year preceding the year in which the employee seeks tuition reimbursement for. Departments will be expected to annually estimate the level of reimbursement expected for employees taking advantage of this policy for the upcoming fiscal year. Failure to prospectively plan and budget ahead may result in not being able to reimburse for any classes attended. To qualify for reimbursement, the following criteria must be satisfied: 7. The employee must have successfully completed their probationary period at the time of application. 8. A Tuition Reimbursement Application and Approval Form must be completed by employee and submitted to the department head in a timely fashion as set forth above. The college course must be approved by the supervisor/department head and City Administrator. The class must be job related or part of the approved degree/certificate program. 9. Except for courses with a pass/fail grading system, the employee must receive a final grade of ‘C’ or better in any course for which tuition reimbursement is sought in order to receive reimbursement for the course. For courses having a pass/fail grading system, no reimbursement will be made for courses in which an employee receives a grade of “fail.” In the event an employee receives a grade of “incomplete”, no reimbursement will be forthcoming until a final grade is earned. 10. Employees participating in the tuition reimbursement program do so on a voluntary basis. Travel to and from classes, time spent in class and studying, and mileage are not compensable or reimbursable. pg 78 11. To request reimbursement, the employee must submit to the Finance Director a Tuition Reimbursement Request form; description and cost of course; copy of receipt for tuition, required books, and/or required fees; copy of Tuition Reimbursement Application and Approval form that has previously been approved, and a certified transcript of grades for the course(s) for which the employee seeks tuition reimbursement. A copy of the tuition reimbursement request will be placed in the employee’s personnel file. 12. An employee who receives tuition reimbursement under this program and who later leaves employment with the City, must agree to repay the City the entire amount reimbursed by the City as set forth below: • An employee who leaves his or her employment with the City within one (1) year after the end date of a course or courses for which the City reimbursed the employee pursuant to this policy must repay the City 100% of the amount the City reimbursed the employee for all tuition, books and fees related to the course(s). • No repayment of reimbursement is required for a particular course or courses if an employee leaves his or her employment with the City one (1) year or more after the end date of the course(s). An employee who leaves his or her employment with the City within one (1) year after the end date of a course or courses for which the employee received reimbursement pursuant to this policy must agree to repay the City the total amount reimbursed for the course(s) within 30 days after the effective date of the termination of the employee’s employment with the City or a mutual agreement repayment plan approved by the City Administrator. The City’s Tuition Reimbursement policy is a qualified plan under IRS Code 127. It provides non-taxable educational assistance for employees who take undergraduate and graduate courses up to $5,250 per calendar year. pg 79 Attachment 3 CITY EDUCATIONAL INCENTIVE INCLUDES REQUIREMENTS Blaine $3500/yr (taxable income to ee) Course program fee or fee for course credits.Grade C or higher Bloomington No maximum for unrepresented employees; reimbursement is at the U of M rate. Tuition, books and some fees such as application & technology fees.Grade C or passing Coon Rapids$2000 maximum/calendar year Tuition, books and associated administrative fees 100% for a B or higher, 75% for a C; Must remain employed with the City following completion of the course or agree to refund the City 100% for less than one year employment or 50% for less than two years. Columbia Heights$1500 maximum/calendar year Required to reimburse 100% if leaves within one year. East Bethel 1/3 the tuition cost of a college course not to exceed $2,000 per calendar year. Tuition Grade C or higher; must stay a City employee or reimburse based on the following ; up to 1 yr, full repayment; 1 - 2 yrs, 50 % repayment; 2+ yrs, no payment required. Eden Prairie $2000 maximum/calendar year Tuition and Books Must be related to a City career; Grade C or higher. Forest Lake $2000 maximum/calendar year; Council may waive where there's a justifiable City need for an ee to take additional schooling.Tuition only Job related; taken from an accredited institution or vo-tech; approved by Administrator ; Grade C or better; must stay a City employee for 1 year after completion or reimburse full amount; payment when course is completed. Golden Valley$5250 maximum/calendar year (IRS Max)Tuition and Books Grade of B or better Hopkins $3380/yr Individual max; Reimbursment is at the U of M rate. If more requests than $ budgeted, amount to each ee is reduced.Tuition and required books Grade C, 70th percentile or passing; job related; reimbursement upon successful completion; accredited institution; coursework outside business hours; Enrollment period is by September 1 for next year, 1st come 1st served after if funding remains; Reg FT ees, received an overall evaluation of at least Achieves Expectations on most recent eval, prior approval; assistance after all other options (GI bill); Max rate/credit is highest prevailing rate at U of M; must complete at least 2 yrs of employment after reimbursement or prorata reimbursement. Maple Grove $750/calendar year Tuition, registration and lab feesGrade of C or higher Maplewood No maximum Tuition, any unique software required for the class and books.50% for a C, 75% for a B and 85% for an A Mendota Heights No maximum for full-time employees; reimbursement is at the U of M rate.Tuition only Grade C or higher Minnetonka $2000/calendar year Tuition, registration and lab fees RegFT/PT/POC FF completed probation; satisfactory rating or higher on eval; accredited institution; job related; C or higher, 70% or higher or passing; outside working hours; preapproval; all documents to HR within 30 days of completion for reimbursement New Brighton$2000/yr pending approval of the annual budget. tuition, lab fees and any other costs directly related to the course. No books, association/student fees, parking, mileage, prep fees. Reg FT ees, successful probation completion, Coursework outside normal business hours, enrolled in a degreed program that’s job related or applicable to a promotable position; accredited institution; reimbursement is after any other assistance received (GI Bill); must stay employed or agree to repay 100% if 2 yrs after last course reimbursed for or 50% if within 3-4 years; preapproval; reimburse at completion 50% for an A or B. 0 reimbursement if a C or lower. New Hope No maximum tuition, fees and books Reg FT/PT working 20 or more hours/wk who completed probation; job related, accredited institution, other assistance (Veteran's Benefits) are exhausted, funds are available, application made prior to enrollment; reimbursement based on per credit cost at public institution; Initial reimbursement of 50% for FT and 25% for PT and upon satisfactory completion of course, 25% for FT and 15% for PT Prior Lake No specific maximum, but $ amount has to be pre-approved by the City Manager on a case-by-case basis as part of the budget proces The City only contributes a max of 50% reimbursement.Tuition and Books Grade C or higher Ramsey No maximum, based on the budget (ees must communicate in advance of budget process); reimbursement is at the U of M rate. Reimburses 50% of course fee and 50% of books. Grade of A or B; job related, approval by Dept Head and Administrator; preapproval Richfield $800 maximum/calendar year Tuition only Grade C or higher Rosemount 100% up to $1250/yr, then 50% Tuition an other associated fees, textbooks and materials. Will not compensate for expenses covered under other educational incentive programs (GI Bill). Regular FT employees; job related; completed outside of working hours; accredited institutions; prior approval; payment upon successful completion; Grade c or higher Roseville $1500 maximum/calendar year books, tuition,student fees, parkingGrade C or better Shakopee $3000 maximum/calendar year Tuition only Grade C or better Shoreview $5000 maximum; classes must be from an accredited institution.Tuition only Grade C or higher; must stay a City employee for 1 year after completion or reimburse full amount St. Louis Park$3500 maximum/calendar year 80% of tuition, required books and fees; Will not complensate for expenses covered under other sources of funding. Regular FT/PT ees and POC FF successfully completed probation; job related or part of the approved degree/cert program; accredited institution; Administrator approval; Dept Head & Administrator preapproval; Grade C or better Woodbury $1500 maximum/calendar year Tuition only Grade C or higher; must stay a City employee or reimburse based on the following ; up to 1 yr, full repayment; 1 - 2 yrs, 66 % repayment; 2 - 3 yrs, 33 % repayment, 3+ yrs no repayment required. pg 80