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2015-06-02 Council PacketCITY OF MENDOTA HEIGHTS CITY COUNCIL AGENDA June 2, 2015 – 7:00 pm Mendota Heights City Hall 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Adopt Agenda 5. Consent Agenda a. Approval of May 19, 2015 City Council Minutes b. Approval of May 19, 2015 City Council Closed Session Minutes c. Acknowledgement of May 26, 2015 Planning Commission Minutes d. Receipt of April 2015 Fire Department Synopsis Report e. Approve Massage License Renewals f. Approval of Off Sale Intoxicating Liquor License for Twin City Beverage, Inc. g. Approval of Christmas Eve Floating Holiday Designation h. Approval of Firefighter Retirement i. Personnel Action Items th j. Approval of Time Change for August 4 City Council Meeting due to Night to Unite k. Approval Resolution 2015-38 MnDOT Landscape Partnership Agreement for Pilot Knob Restoration Phase III l. Approve Resolution 2015-36 Issuing a Certificate of Completion at 745 South Plaza Drive m. Approval of the Addition of a Canoe Rack at Roger Lake Park n. Approval of the Addition of Pickleball Courts and Full Basketball Court at Marie Park o. Approval of the April 2015 Treasurer’s Report p. Approval of the Claims List q. Approval of the Contractor List r. Approval of the Purchase of Vehicle for Fire Department 6. Public Comments 7. Presentations Swearing in Ceremony of Police Officer Philip McCarty a. 8. Public Hearing Liquor License Renewals a. 9. New and Unfinished Business Resolution 2015-37 Bid Award for Victoria Road Phase II Construction Project a. Discussion of Dog Park Funding b. Public Hearing Request for Critical Area Permit/Variance at 1104 Sibley Memorial c. Highway Public Hearing Request for Amendments to Final Planned Unit Development Plan, d. Final Plat, and Development Agreement by Ryland Homes Ordinance 478 Concerning Minimum Requirements for Single-family Residential e. Districts, Planning Case 2015-15 10. Community Announcements 11. Council Comments 12. Adjourn page 3 5a. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, May 19, 2015 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. Other Councilmembers presentincluded Duggan, Povolny, Petschel, and Norton. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Krebsbach presented the agenda for adoption. Councilmember Duggan moved adoption of the agenda. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and approval. Councilmember Dugganmoved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein, pulling items a)Approval of May5, 2015 City Council Minutes, b) Approval of May 12, 2015 City Council Workshop Minutes, c) Acknowledgement of April 14, 2015 Park and Recreation Commission Minutes, e) Approval of Resolution 2015-34 Acknowledging National Public Works Week, g) Approval of Resolution 2015-35 Accepting Bids, Award Contract –2015 Sanitary Sewer Rehabilitation. a.Approval of May 5, 2015 City Council Minutes b.Approval of May 12, 2015 City Council Workshop Minutes c.Acknowledgement of April 14, 2015 Park and Recreation Commission Minutes d.Approval of April 2015 Par 3 Report e.Approval of Resolution 2015-34 Acknowledging National Public Works Week f.Approval of Resolution 2015-33 Support for the Robert Street Transitway Alternatives Analysis g.Approval of Resolution 2015-35 Accept Bids, Award Contract – 2015 Sanitary Sewer Rehab h.Approval of Copier Lease for the Police Department page 4 i.Personnel Action Items j.Approval of April 2015 Building Activity Report k.Approval of Claims List l.Approval of Contractor List Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEMS A)APPROVAL OF MAY 5, 2015 CITY COUNCIL MINUTES th Councilmember Duggan noted that St. Peter’s Church is celebrating their 175 birthday, as opposed to th the 75birthday listed in the minutes. Councilmember Duggan moved to approve the May 5, 2015 City Council Minutes with the correctionas noted. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 B)APPROVAL OF MAY 12, 2015 CITY COUNCIL WORKSHOP MINUTES Councilmember Duggan noted that the minutes are fine as presented. He wantedresidents to know the Council willdiscuss the topics of bees and chickens at another time. Councilmember Petschel moved to approve the May 12, 2015 City Council Workshop Minutes. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 C)ACKNOWLEDGEMENT OF APRIL 14, 2015 PARK AND RECREATION COMMISSION MINUTES Councilmember Duggan noted that he was very pleased to read the Park and Recreation Commission is discussing the establishment of pickleball in the city. Mayor Krebsbach also noted the other discussions of canoe rack rental, Marie Park hockey rink, and the possibility of an archery range. Councilmember Petschel moved to approve the April 14, 2015 Park and Recreation Commission Minutes. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 page 5 E)APPROVAL OF RESOLUTION 2015-34 ACKNOWLEDGING NATIONAL PUBLIC WORKS WEEK Councilmember Duggan shared his appreciation to Public Works Director John Mazzitello for putting this together. He really liked the theme of “Community Begins Here” as this is the highlight of Mendota Heights; it is a community of people that have always helped and supported each other. At the request of Mayor Krebsbach, Mr. Mazzitello read the proclamation. Mayor Krebsbach moved to adopt RESOLUTION 2015-34, "A RESOLUTION RECOGNIZING NATIONAL PUBLIC WORKS WEEK AS THE WEEK OF MAY 17, 2015 THROUGH MAY 23, 2015." Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 G)APPROVAL OF RESOLUTION 2015-35 ACCEPT BIDS, AWARD CONTRACT – 2015 SANITARY SEWER REHABILITATION Councilmember Duggan asked about the company who was awarded the bid, as this was a new name to him. Public Works Director Mazzitello replied that Instituform Technologies has done work for the City in the past.They are familiar with Mendota Heights, the sewer system, and the work that is being requested of them. Councilmember Duggan moved to adopt RESOLUTION 2015-35 ACCEPTING BIDS AND AWARDING CONTRACT FOR 2015 SANITARY SEWER REHABILITATION, PROJECT #201505. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS There were no public comments. PRESENTATIONS A) “JERRY MURPHY DAY” PROCLAMATION Chief of Police Michael Aschenbrener stated that Jerry embodied everything there is about community service. He looked back and considered all of the volunteering that Jerryhas done and realized that he has a lot of work to do to even measure up to what Jerry has contributed. In September 1967, Jerry introduced community policing to Mendota Heights and has continued that tradition since that day. Mayor Krebsbach read the proclamation declaring May 21, 2015 as “Jerry Murphy Day” in the City of Mendota Heights. page 6 B) UPDATE ON NATIONAL POLICE WEEK Chief of Police Michael Aschenbrener provided an update on National Police Week by explaining that members of the Mendota Heights Police Department went to the National Law Enforcement Memorial Week in Washington, D.C. where Police Officer Scott Patrick and others were recognized for their sacrifice to their communities. He shared a list of the activities that the Patrick family and members of the Mendota Heights Police Departmentparticipated in. PUBLICHEARING A) OFF SALE LIQUOR LICENSE TRANSFER –TWIN CITY BEVERAGE, INC. DBA MENDOTA LIQUOR BARREL City Clerk Lorri Smith explained that this was a public hearing to receive public comments regarding the issuance of an Off Sale Liquor License. The City received an application from Diljit Khoso, owner of Twin City Beverage, Inc. This is a transfer of the license currently issued to Poopha, Inc., d/b/a Mendota Liquor Barrel, located at 766 Highway 110. The Mendota Heights Police Department has completed a thorough investigation of the applicant and has found no issues or concerns. Staff recommended the City Council hold the public hearing, consider comments from the public, and close the public hearing. Official action on the license would take place at the next City Council meeting scheduled for June 2, 2015. Mayor Krebsbach requested that the applicant come forward and introduce himself, which he did. Councilmember Petschel moved to open the public hearing. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 Seeing no one coming forward to address the Council on this matter, Councilmember Duggan moved to close the public hearing. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 NEW AND UNFINISHED BUSINESS A) ORDINANCE 476 CONCERNING WIRELESS ANTENNAS, TOWERS, AND ACCESSORY STRUCTURES, PLANNING CASE 2015-11 Planner Nolan Wall reviewed the proposed amendments to Title 12, Chapter 1, Article B, Section 14 of the City Code considering wireless antennas, towers, and accessory structures.These types of uses currently require a Conditional Use Permit approval. Planner Wall provided background information on the proposed amendment. page 7 Staff proposed amendments that would allow certain projects to be approved administratively. Those amendments would only apply to certain improvements to existing wireless antenna facilities. New towers or new building mounted antennas would require a full Conditional Use Permit process. Councilmembers asked questions regarding condition three of the proposed amendment, the net change in the ordinance, availability of checks and balances built into the ordinance, and clarification that this amendment request was at the request of the City Council. Councilmember Petschel moved to adopt ORDINANCE NO. 476 AMENDING SECTION 12-1D-14 OF THE CITY CODE CONCERNING WIRELESS ANTENNAS, TOWERS, AND ACCESSORY STRUCTURES. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 B) RESOLUTION 2015-32 ORDER FEASIBILITYREPORT MENDOTAROAD NEIGHBORHOOD IMPROVEMENTS Public Works Director John Mazzitello explained that Resolution 2015-32 orders the feasibility report for the proposed 2016 Mendota Road Neighborhood Improvements. This project would consist of the reconstruction of Mendota Road, which is the Highway 110 frontage road, between Delaware Avenue and Oak Street. It would also include the rehabilitation of High Ridge Circle, Sibley Court, and Warrior Drive. The feasibility report would include the project scope and preliminary cost estimates, as well as financing for the project. Councilmembers asked questions regarding when the last time was when these streets had been rehabilitated, if the residents had been or would be polled for their opinions, and future potential stadium construction’s affect on the reconstructed or rehabilitated streets and on parking in the area. Councilmember Duggan moved to adopt RESOLUTION 2015-32 ORDERING PREPARATION OF FEASIBILITY REPORT FOR THE MENDOTA ROAD NEIGHBORHOOD REHABILITATION (PROJECT #201507). Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 C) TRAFFIC SAFETY COMMITTEE MEETING SUMMARYAND RECOMMENDATIONS Public Works Director John Mazzitello reviewedthe three items that werebefore the Traffic Safety Committee, all pertaining to parking on Warrior Drive, and the Committee’s recommendations. Staff recommended that the Council acknowledge the summary and recommendations made by the Traffic Safety Committee as follows: 1.To bring forward to the Council an ordinance to adopt a 3-hour parking limit for the north 600 feet of the west side of Warrior Drive. page 8 2.To take no further action on the parking on the east side of Warrior Drive. The City will continue to work with ISD 197 on the neighbors’ concerns. After the rehabilitation of Warrior Drive is complete, parking can be readdressed if necessary. Councilmember Norton moved to receive the Traffic Safety Committee Report and Recommendations. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 COMMUNITY ANNOUNCEMENTS Assistant to the City Administrator Tamara Schutta made the following announcements: th City is hosting an Open House on May 20at City Hall to update residents on the Lemay Lake Shores development. th Registrations for the June 6 5K Run/Walk are being taken. The race begins at 9:00 a.m. The Park Celebration begins with a Concert-in-the-Park at The Village beginning at 6:30 p.m.on th Friday, June 5. Registration for theCitizens Police Academyare being taken.This is a joint venture with West St. Paul. The Public Works staff, along with the MN Department of Agriculture, has confirmed the presence of the Emerald Ash Borerin the city. Staff is working to develop a policy that will be brought before the Council. Information is available on the City’s website. Dakota County is quarantined and residents are not allowed to move firewood. More information can be found on the MDA’s website at www.mda.state.mn.us Donuts will be available at City Hall on Thursday, May 21 beginning at 9:00 a.m. in honor of “Jerry Murphy Day”. COUNCIL COMMENTS City Administrator Mark McNeill announced that School District 197 – Mendota Heights, West St. Paul, and Eagan –has been designated as a Green Ribbon School District by the United States Department of Education. This award recognizes districts that do an exemplary job of energy conservation, recycling, and sustainability. The energy conservation component of that has saved taxpayers of ISD 197 $1.9M since 2003. This district is only one out of fourteen nation-widethat has received the Green Ribbon School District award. Councilmember Norton congratulated Caroline Little, a French teacher at St. Thomas Academy,for receiving the Dorothy S. Ludwig Excellence in Teaching Award by the American Association of Teachersof French. Councilmember Petschel noted that the Par 3 has had 250 people play FootGolf, generating $2,500 of income. Also, there are approximately 200 children signed up to play golf this summer at the Par 3. Councilmember Duggan noted that participating in the upcoming 5K on Saturday, June 6 is another opportunity to honor slain Police Officer Scott Patrick. page 9 Councilmember Povolny commented that he met volunteers in front of his houseworking on the “Adopt-a-Highway” project.He expressed his appreciation to these individuals who volunteer their time to clean up the highways. Mayor Krebsbach wished everyone a Happy Memorial Day. ADJOURN Councilmember Duggan moved to adjourn. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 Mayor Krebsbach adjourned the meeting at 8:11 p.m. ____________________________________ Sandra Krebsbach Mayor ATTEST: _______________________________ Lorri Smith City Clerk page 10 5b. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Closed Session Held Tuesday, May 19, 2015 Pursuant to due call and notice thereof, a closed sessionof the City Council, City of Mendota Heights, Minnesota was held at 6:00p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Krebsbach called the meeting to order at 6:02p.m. The following members were present: Councilmembers Duggan, Povolny, and Petschel. Norton arrived at 6:15 p.m.Also in attendance were LMCIT Attorney Jana O’Leary Sullivan, CityAttorney Tom Lehman,and LMC Assistant Director of Communications Don Reeder, City AdministratorMark McNeill, Assistant to the City Administrator/HR Coordinator Tamara Schutta, and Police Chief Mike Aschenbrener CLOSED SESSION TO DISCUSS ISSUES RELATED TO LITIGATION AGAINST THE CITY, COURT FILE NO. 19HA-CV-14-651. Mayor Krebsbach stated that, pursuant to Minnesota Statute 13.d.03, the City Council would be going into aclosed session. Councilmember Povolny moved to adjourn to a closed session. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 ADJOURN Council member Petschel moved to close the meeting and adjourn to the regularly scheduled meeting. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 Mayor Krebsbach adjourned the closed session meeting at 6:55 p.m. ____________________________________ Sandra Krebsbach,Mayor ATTEST: _______________________________ Lorri Smith,City Clerk page 11 5c. 1CITY OF MENDOTA HEIGHTS 2DAKOTA COUNTY, MINNESOTA 3 4PLANNING COMMISSON MINUTES 5May 26, 2015 6 7The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, May 26, 82015 in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. 9 10The following Commissioners were present: Chair Litton Field, Jr., Commissioners Howard 11Roston, Michael Noonan, Doug Hennes, Christine Costello, and Ansis Viksnins.Those absent: 12MaryMagnuson and Michael Noonan.Others present were City Planner Nolan Wall and Public 13Works Director/City Engineer John Mazzitello. 14 Approval of Agenda 15 16 17The agenda was approved as submitted. 18 Approval of April 28, 2015 Minutes 19 20 21COMMISSIONER VIKSININSMOVED, SECONDED BY COMMISSIONER ROSTON TO 22APPROVE THE MINUTES OF APRIL 28, 2015, AS PRESENTED. 23 24AYES: 5 25NAYS: 0 26ABSENT: 2 27 Hearings 28 29 30PLANNING CASE #2015-14 31City of Mendota Heights 32Proposed City Code Amendment Concerning Trade Schools 33 34City Planner Nolan Wallexplained that the City was considering amendments to Title 12, Chapter 351, Article B, Section 2 of the City Code concerning definition of “trade school” in response to 36recent requests to establish different types of educational facilities within the Industrial Zoning 37District. 38 39Commissioners asked questions regarding existing trade school uses in the Industrial District, if 40there was an example of a school that was not permitted under the current definition that would be 41allowed under the proposed,and the reason for the proposed amendment if the current definition 42is working. In response, Planner Wall stated the intent was to clarify the existing definitionbased 43on the City’sinterpretation and its post-secondary nature. 44 45Chair Field opened the public hearing. 46 page 12 47Ms. Cindy Lavorato, attorney representing STEP Academy, a 6-12 Charter School in Inver Grove 48Heights.STEPAcademy has applied to become a part of Sanford-Brown College, currently 49residing in the Industrial Zoning District. She believes that the current definition, although vague 50and in need of clarification, allowsfora charter school in the zoning district. However, the 51proposed definition, in their viewpoint, is an effort to zone the charter school out of the proposed 52use that would be very consistent with the school’s mission and that of Sanford-Brown. 53 54Planner Wall explained that STEPAcademy has made an appeal related to a specific interpretation 55of the existing definition in relation to the proposed use. That issue will come before the Planning 56Commission, which will be acting as the Board of Appeals, for the June 23 Commission meeting 57date. Tonight’s discussion is limited to the proposed code amendment with the understanding that 58this specific issue raised in relation to that use will come back before the Planning Commission 59acting as the Board of Appeals. The code, as it is currently, is the code uponwhich the appeal will 60be heard. 61 62Additional discussion occurred regarding the timing of this planning case and the need for it at all. 63 64COMMISSIONER VIKSININS MOVED, SECONDED BY COMMISSIONER ROSTON, TO 65TABLE PLANNING CASE 2015-14 WITH THE PUBLIC HEARING REMAINING OPEN. 66 67AYES: 5 68NAYS: 0 69ABSENT: 2 70 71PLANNING CASE #2015-15 72City of Mendota Heights 73Proposed City Code Amendment Concerning Single-family Residential Construction 74 75City Planner Nolan Wall explained that the City of Mendota Heights is seeking amendments to 76Title 12, Chapter 1, Article E of theCity Code pertaining to minimum requirements for single- 77family residential districts. 78 79Inresponse to the recent infilldevelopment and the increasing amount of teardowns in the City, 80the City Council directed staff to research potential ordinance amendments to address the 81associated issues for discussion at the February 2015 Council Workshop. The issues discussed 82regarding this development pattern were related to the structure size and footprint of new 83dwellings, minimum lot sizes, building height, character of the neighborhood, as well as 84construction impacts. After discussion bythe Council, staff was directed to proceed with certain 85amendments, which have been provided in proposed Ordinance 478 for review and 86recommendation by the Planning Commission. 87 88Planner Wall then reviewed each section contained in the proposed ordinance. 89 90Commissioners asked questions regarding why this would not be governed by setbacks and floor 91area ratios as opposed to trying to design homes and lengthening the hours of operation. 92 page 13 93Chair Field opened the public hearing. 94 95Seeing no one coming forward wishing to speak, Chair Field asked for a motion to close the public 96hearing. 97 98COMMISSIONER HENNESMOVED, SECONDED BY COMMISSIONER ROSTON, TO 99CLOSE THE PUBLIC HEARING. 100 101AYES: 5 102NAYS: 0 103ABSENT: 2 104 105COMMISSIONER ROSTONMOVED, SECONDED BY COMMISSIONER HENNES, TO 106RECOMMEND APPROVAL OF DRAFT ORDINANCE 478 AS PROPOSED BY STAFF AND 107AS REQUESTEDON PAGES 17 AND 18 OF THE STAFF REPORT, WITH THE EXCEPTION 108OF CHANGING 12-1E-1(D)NUMBER 1 HOURS OF OPERATIONFOR EXTERIOR 109CONSTRUCTION ACTIVITIES ARE LIMITED TO 7:00 AM –8:00 PM MONDAY 110THROUGH FRIDAY AND 9:00 AM – 5:00 PM ON WEEKENDS. 111 112AYES: 5 113NAYS: 0 114ABSENT: 2 115 116Chair Field advised the City Council would consider this application at its June 2, 2015 meeting. 117 Verbal Review 118 119 120Planner Wall gave the following verbal review: 121 122PLANNING CASE #2015-09 123Mark Swenson, 873 Highway 110 124Rear Yard Setback Variance Request 125•Approved by the City Council as recommended by the Planning Commission 126 127PLANNING CASE #2015-11 128City of Mendota Heights 129Ordinance 476 Concerning Wireless Antennas, Towers, and Accessory Structures 130Approved by the City Council as recommended by the Planning Commission 131 132PLANNING CASE #2015-12 AND PLANNING CASE #2015-13 133Administrative Wetlands Permits for vegetation removal in compliance with the code requirements 134for approval 135 136 137 page 14 Staff Announcements 138 139 140At the June 23 Planning Commission Meeting the Commission will be convening as the 141Board of Appeals to consider anappeal of the City’s interpretation of the zoning ordinance 142text in relation to a specific use request. Further information to be supplied in the 143Commission packet. 144Public Works Director/City Engineer John Mazzitello announced that it is ‘road 145construction season’ 146Victoria Road Phase II bid opening to take place on May 27, construction to begin o 147after June 10; anticipated completion by Labor Day 148Interstate 35E, north of downtown St. Paul to I-694 will be closed from 10:00 pm o 149on Friday, May 29 to 5:00 am on Monday, June 1 150Reconstruction of Highway 13, from Interstate 35E to Second Street in Mendota is o 151going to kick-off in the coming weeks. MnDOT is planning on closing the highway 152beginning June 1 with construction commencing shortly thereafter. Access to 153residents and businesses between 35E and Lexington will be maintained throughout 154the project. Lexington to Second Street will be closed except to local traffic. Posted 155detour will be down I-35E to Highway 110 to Highway 13, accessing Mendota from 156the St. Peter’s side. 157 Adjournment 158 159 160COMMISSIONER ROSTONMOVED, SECONDED BY COMMISSIONER HENNES, TO 161ADJOURN THE MEETING AT 7:36 P.M. 162 163AYES: 5 164NAYS: 0 165ABSENT: 2 page 15 5d. DATE: June 2, 2015 TO: Mayor, City Council and City Administrator FROM: Dave Dreelan, Assistant Fire Chief SUBJECT: April 2015 Fire Synopsis Fire Calls The department responded to 26 calls for the month. The majority of calls were classified as false alarms or good intent calls. Seven calls were residential in nature and four were commercial alarms. There were three EMS calls, three utility checks (gas leaks or power lines), two mutual aid calls, three injury accidents, two car fires and two brush fires. Monthly and Squad and Department Training The monthly department and squad trainings were held at the vacant home in Sunfish Lake. All of the trainings incorporated basic fire ground skills such as interior fire attack, ventilation, and search and rescue. The fire department plans to burn the house down for additional training on th May 30. MENDOTA HEIGHTS FIRE DEPARTMENT page 16 APRIL 2015 MONTHLY REPORT FIRE CALLS NO. 15053-15078NUMBER OF CALLS:26 FIRE ALARMS DISPATCHED:NUMBERSTRUCTURECONTENTSMISC.TOTALS TO DATE ACTUAL FIRES Structure - MH Commercial 1$10$10 Structure - MH Residential$0 Structure - Contract Areas$0 Vehicle - MH 1$1,000$1,000 Vehicle - Contract Areas$1,000$1,000 Grass/Brush/No Value MH 2 Grass/Brush/No Value Contract TOTAL MONTHLY FIRE LOSSES MEDICAL Assist 2$0$10 Extrication HAZARDOUS SITUATION FIRE LOSS TOTALS MENDOTA HEIGHTS Spills/Leaks Arcing/ShortingALL FIRES, ALL AREAS (MONTH)$10$2,010 Chemical Power Line Down MEND. HTS. ONLY STRUCT/CONTENTS$10 FALSE ALARM Residential Malfunction 1MEND. HTS. ONLY MISCELLANEOUS$0 Commercial Malfunction 3 Unintentional - Commercial 2MEND. HTS. TOTAL LOSS TO DATE$10 Unintentional - Residential 1 Criminal BILLING FOR SERVICES GOOD INTENT Smoke Scare THIS MONTH AGENCYTO DATE Steam Mistaken for Smoke Other 11MN/DOT$0 2MILW. RR$0 MUTUAL AID CNR RR$0 26OTHERS: TOTAL CALLS $0 LOCATION OF FIRE ALARMS: TO DATELAST YEAR $0$0 TOTALS: MENDOTA HEIGHTS 206483 MENDOTA 002 FIRE MARSHAL'S TIME FOR MONTH SUNFISH LAKE 143 LILYDALE 344INSPECTIONS44.5 OTHER 263 INVESTIGATIONS 267895 TOTAL RE-INSPECTION3 WORK PERFORMED HOURSTO DATELAST YEAR MEETINGS3 FIRE CALLS 4531374.51868.5 MEETINGS 26131142ADMINISTRATION13.5 DRILLS 160608617 WEEKLY CLEAN-UP 33140146.5SPECIAL PROJECTS5 SPECIAL ACTIVITY 273854.51547.25 ADMINISTATIVE 0069 TOTAL FIRE MARSHAL 69166187 101432744508.3REMARKS:SEE OTHER SIDE FOR SYNOPSIS TOTALS page 17 5e. DATE: June 2, 2015 TO: Mayor, City Council, and City Administrator FROM: Lorri Smith, City Clerk SUBJECT: Approval of Massage Licenses BACKGROUND Pursuant to Mendota Heights City Code 3-6-2: No person shall provide massage services or engage in the business of operating amassage enterprise, or in connection with anyother city business enterprise without first obtaining a license. The licenses run from July 1 through June 30 of each year. Applications for renewal have been received from each of the following: Massage Establishments: Bellacu, Suite 375, 1200 Centre Pointe Curve Green Lotus Yoga and Healing Center, #100, 750 Main Street Massage Elements, LLC, 770 Highway 110 Massage Therapists working at Bellacu: Lynn Renae Weatherson Massage Therapists working at Green Lotus Yoga and Healing Center: Delaina Rae Hinrichs Roger Lee Hinrichs Julie AnnOlson Warren Scott Winsness Massage Therapists working at Massage Elements: Gayle Ann Aspenson Sheri Ruth Bongaarts Georgina Alfrida Potgieter Kay Louise Reich Ann Freyberger Short Michael Scott Taulman All of the required documentationhas been receivedand the fees have been paid.Background investigations have been conducted by the Mendota Heights Police Department resulting in no negative findings on any of the above applicants. RECOMMENDATION Staff recommends the Council approve the issuance of the massage licenses as listed above for the period of July 1, 2015 through June 30, 2016. page 18 5f. DATE: June 2, 2015 TO: Mayor, City Council, and City Administrator FROM: Lorri Smith, City Clerk SUBJECT: Approval of Off Sale Intoxicating Liquor Licenses for Twin City Beverage,Inc. BACKGROUND The City Council held apublic hearing at theMay 19, 2015City Council meeting and received public comment regarding the issuance of an off intoxicating liquor licensetoDiljit Khosa, owner of Twin City Beverage, Inc.This is a transfer of the off sale license currently issued to Poopha, Inc., locatedat 766 Highway 110, in Mendota Plaza. The trade name would remain Mendota Liquor Barrel. At the public hearing, no comments from the public were received in regards to the issuance of this license. The applicant has submitted a complete license packet and paid the required license and investigation fees. The Mendota Heights Police Department has completed aninvestigation of the applicant and has found no issues or concerns. The applicant has provided a Certificate of Liquor Liability Insurance and a Liquor Bond. If approved, the license would be effective June 15, 2015through June 30, 2016. RECOMMENDATION Staff recommends the approval of the OffSale Intoxicating Liquor License for Twin City Beverage, Inc.doing business as Mendota Liquor Barrel, located at 766 Highway 110, for the period of June 15, 2015 through June 30, 2016. page 19 5g. DATE: June 2, 2015 TO : Mayor, City Council, and City Administrator FROM: Tamara Schutta,Assistant to the City Administrator/HR Coordinator SUBJECT: Floating Holiday Designation BACKGROUND Non-union staff have one floating holiday to use this year. The City Council, upon recommendation of the City Administrator, may designate the floating holiday as a fixed date when City offices will be closed. The Christmas holiday is Friday, December 25, 2015.Traditionally several employees have taken a vacation day for Christmas Eve day. Once again, staff anticipates a number of employees will be requesting Thursday, December 24, 2015, leaving a very limited number of non-union employees covering the responsibilities of city hall. In addition, past history has shown that there is very little activity at city hall from the public on Christmas Eve and most expect the building to be closed in the first place. The City Council may want to consider designating the floating holiday for Thursday, December 24, 2015. As provided for in the Mendota Heights Personnel Code, staff recommends that the City Council designate Thursday, December 24, 2015 as a floating holiday for non-union employees. BUDGET IMPACT Not applicable RECOMMENDATION If the city council agrees with staff recommendation, a motion should be made to designate Thursday, December 24, 2015 as a floating holiday for non-union staff. A simple majority vote is all that is needed on this issue. page 20 5h. DATE: June 2, 2015 TO: Mayor, City Council and City Administrator FROM: John P. Maczko, Fire Chief SUBJECT: Firefighter Retirement BACKGROUND I am embarrassed to say that I was remiss in announcing the retirement of Firefighter Tracy Wilcziek effective March 17, 2015. Tracy becamea firefighter with the Mendota Heights Fire Department on September 22, 1997, and served our department and citizens for more than 17 years. Tracywascertified as a Firefighter II, First Responder and trained to the Haz-Mat Operational Level. Tracy enjoyed the time he spent doing fire prevention activities and educating our residents and children on fire safety. BUDGET IMPACT N/A RECOMMENDATION I recommend thatthe City Council accept the retirement of Tracy Wilcziek retro-active to March 17, 2015. If the City Council concurs with my recommendation, they should formally thank + Tracy and his family for his 17years of service to our community as a Mendota Heights Firefighter. page 21 5i. DATE: June, 2015 TO: Mayor, City Council and City Administrator FROM:Tamara Schutta, Assistant to the City Administrator/HR Coordinator SUBJECT: Personnel Action Items Item 1: 2015Parks and Recreation Temporary Seasonal Hires Staff continue to recruit for the 2015 summer season. Staff recently interviewed for the Golf Instructor Assistant position. This position will assist our Golf Instructors in providing golf instruction for junior group lessons. The following applicant wasoffered their position contingent upon a successful completion of a criminal background check and council approval. Staff is recommending the following individual for employment for the 2015 summer season: Position Name Rate of Pay Effective Date Golf Instructor AssistantAnthony Franks$9.00 May 27, 2015 Item 2: Forestry Interns Mendota Heights Public Works staff and the Minnesota Department of Agriculture recently confirmed the presence of Emerald Ash Borer in Mendota Heights. To take a proactive approach, the first step is for the city to take an inventory of the ash trees located in our city parks and on our boulevards. Staff is recommending the city council consider hiring up to two interns for approximately 4 to 6 weeks to conduct this inventory. Hourly rate would be $10 per hour. Staff recommends that council authorize staff to begin the recruitment process for Forestry Intern positions. BUDGET IMPACT The costs for two interns are approximately $5,167.20 (wages plus FICA/Medicare) and funds have been identified in the 2015 budget. RECOMMENDATION Staff recommends that the Mendota Heights City Council approves the actionrequested above these two items. page 22 5j. DATE: June 2, 2015 TO : Mayor, City Council, and City Administrator FROM: Tamara Schutta,Assistant to the City Administrator/HR Coordinator th SUBJECT: Change of Time for August 4City Council Meeting BACKGROUND th . This is the same night as a city council meeting. In the past, the city council has chosen to start their meeting on this night an hour later so that councilmembers and staff can attend block parties being held by various neighborhoods. th If this is the desire of the council, the official start time of the August 4city council meeting would be publicized as 8:00 p.m. BUDGET IMPACT Not applicable RECOMMENDATION th If the city council desires, a motion to approve changing the time of the August 4 city council meeting to 8:00 p.m. would be in order. A simple majority vote is all that is needed on this issue. page 23 5k. DATE: May 19, 2015 TO: Mayor, City Council and City Administrator FROM: Tamara Schutta, Assistant to the City Administrator/HR Coordinator SUBJECT: MnDOT Landscape Partnership Agreement for Pilot Knob Restoration PhaseIII BACKGROUND In 2014, Wiley Buck ofGreat River Greening brought to the City’s attention an opportunity to partner with MnDOT in the restoration of Pilot Knob Hill Phase III, expanding into new acreage on the MnDOT roadside, T.H. 55. At that time, the City Council agreed to move forward with this opportunity. The Minnesota Department of Transportation’s Community Roadside Landscaping Partnership Program is designed to provide technical and financial assistance to communities that are interested in landscaping state highway rights of way. MnDOT Landscape Partnership provides funding for the landscape materials. The program requires the City of Mendota Heights to provide funds or in-kind services to install and maintain the state funded materials. Volunteers will be used to install and maintain the landscape for Phase III. As part of the process, a committee of four contract people were designated for the project in 2014.The committee includes Wiley Buck and Jen Kaderfrom Great River Greening, and City of Mendota Heights staff Ryan Ruzek and Tamara Schutta. This committee is responsible for the overall project coordination including the installation and maintenance period of the project. Attached is proposed agreement with MnDOT for payment to the City of the State’s shareof the costs of landscape material acquisition for use adjacent to T.H. 55 within the corporate City limits.Also attached is Resolution 2015-38 formally acknowledging MnDOT Landscape Partnership Agreement No. 1000619. Attachment(s) MNDOT Landscape Partnership Agreement Resolution 2015-38 Formally Acknowledging MnDOT Landscape Partnership Agreement No. 1000619 page 24 BUDGET IMPACT MnDOT Landscape Partnership Agreement No. 1000619 provides for payment to the City for the costs of landscape materials not to exceed $10,000.Volunteers will be used to install and maintain the landscape for Phase III. RECOMMENDATION Staff recommends adopting Resolution 2015-38 authorizing the Mayor and City Administrator to execute the MnDOT Landscape Partnership Agreement No. 1000619. This action requires a simple majority vote. page 25 City of Mendota Heights Dakota County, Minnesota RESOLUTION 2015-38 RESOLUTION FORMALLY ACKNOWLEDGING MnDOT LANDSCAPE PARTNERSHIP AGREEMENT NO. 1000619 IT IS RESOLVED that the City of Mendota Heights enter into MnDOT Agreement No. 1000619 with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the State to the City for the acquisition of landscape materials by the City to be place adjacent to Trunk Highway No. 55 from the western City limits of Mendota Heights to Trunk Highway No. 110 in the City of Mendota Heights under State Project No. 1909-969 (T.H. 55=050). IT IS FURTHER RESOLVED thatthe Mayor and the City Administrator are authorized to execute this Agreement and any amendments to the Agreement. Adopted by the City Council of the City of Mendota Heights this second day of June, 2015. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor CERTIFICATION I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council of the City of Mendota Heights at an authorized meeting held on the second day of June, 2015, as shown by the minutes of the meeting in my possession. __________________________________________ Lorri Smith, City Clerk Subscribed to and sworn before the undersigned this ___________________ day of __________________, 2015. ____________________________________ Notary Public Signature My Commission Expires _______________ page 26 page 27 page 28 page 29 page 30 page 31 page 32 page 33 page 34 page 35 page 36 5l. DATE: June 2, 2015 TO: Mayor, City Council and City Administrator FROM: Nolan Wall, AICP Planner SUBJECT: Certificate of Completion – White Pines Assisted Living Facility BACKGROUND The owner of theWhitePines Assisted Living facility located at 745 South Plaza Driveis requesting a certificate of completion, as contemplated by the Planned Unit Development Agreement by and between the City of Mendota Heights and Mendota Mall Associates, LLP, dated April 30, 2009 as amendment by the 1 st through 5 th Amendments. Title 12-1K-10 of the City Code requires the City Council issue a certificate of completion after each phase of theplanned unit development to be noted on therecorded final development plan. The projectwas completed in 2012as part of theMendota Plaza redevelopment. BUDGET IMPACT N/A RECOMMENDATION Staff recommends approval of the Certificate of Completion. If the City Council desires to implement the recommendation, pass a motion adopting RESOLUTION 2015-36 ISSUING A CERTIFICATE OF COMPLETIONOF ASSISTED LIVINGAT 745 SOUTH PLAZA DRIVE. Thismatterrequires a simple majority vote. page 37 _________________________________________________________________________________________________ CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTI ON 2015-36 RESOLUTION ISSUING A CERTIFICATE OF COMPLETIONOF ASSISTED LIVING AT 745 SOUTH PLAZA DRIVE WHEREAS, THE CITY OF MENDOTA HEIGHTS, a Minnesota statutory city(the "City"), has entered into a Planned Unit Development Agreement dated as of April 30, 2009, with THE MENDOTA MALL ASSOCIATES, LLP, a Minnesota limited liability partnership (the "Developer"), recorded in the office of the County Recorder in and for Dakota County, Minnesotaon August 19, 2010,as Document No. 2747291, as amended by that certain First Amendment to Planned Unit Development Agreement dated as of January16, 2010 and recorded August 19, 2010 in the office of the DakotaCounty Recorder, as Document No. 2747292, as amended bythat certainSecond Amendment to Planned Unit Development Agreement dated as of June 9, 2010and recorded in the office of the Dakota County Recorder on August 19, 2010, as Document No. 2747292,as amended by that certain Third Amendment to Planned Unit Development Agreement dated as of October 22, 2010and recorded in the office of the Dakota County Recorderon December 8, 2010, as Document No. 2771092, as amended by that certain FourthAmendment to Planned Unit Development Agreement dated as ofNovember 28, 2011and recorded in the office of the Dakota County Recorder onApril 10, 2012, as Document No. 2860812,and as amended by that certain Fifth Amendment to Planned Unit Development Agreement dated as of July 3, 2012 and recorded in the office of the Dakota County Recorder on July 12, 2012, as Document No. 2879898 (collectively the "DevelopmentAgreement"); WHEREAS, the Development Agreement relates to certain real property in the County of ExhibitA Dakotaand State of Minnesota a portion of which is described in hereto (the "Assisted Living Property"); and WHEREAS, theDevelopment Agreement incorporated andcontained certain covenants, conditions, obligations and requirementswith regard to completion of construction of the building improvements to be located on the Assisted Living Property and defined therein as “AssistedLiving,” in accordance with the Plans, as such term is defined therein; and WHEREAS, the Developer, or Developer’s successors and assigns have performed said page 38 covenants,conditions, obligations and requirementsinsofar as it is able in a manner deemed sufficient by the Cityto permit the execution and recording of this certification. NOW, THEREFORE, this is to certify (i) that all building construction and other physical improvements specified to be done and made by the Developer, or Developer’s successors and assigns, with regard totheAssisted LivingProperty have been completed and the covenants, conditions, obligations and requirementsrelating to the Assisted Living Property contained in the Development Agreement have been performed by the Developer, or Developer’s successors and assigns; (ii) that all covenants, conditions, obligations and requirements contained in the Development Agreementwith regard to the Assisted Living Propertydevelopmentare hereby released(except for ongoing maintenance obligations and requirements as stated in the Development Agreement and agreed to by the Assisted Living Property owner); and (iii) the DakotaCounty Recorder ishereby authorized to accept for recording and to record the filing of this instrument, to be a conclusive determination of the satisfactory termination of the covenants and conditions of the Development Agreement relating to completion of construction ofAssisted Living on the Assisted Living Property. The remainder of this page is intentionally left blank. page 39 5m. DATE: June 2, 2015 TO: Mayor and City Council FROM: Sloan Wallgren, Recreation Program Coordinator SUBJECT: Canoe/Kayak Rack at Rogers Lake Park Background Rogers Lake is a very popular area for people to participate in water recreation activities such as canoeing, kayaking and fishing. Residents have brought the idea forward of offering a space at Rogers Lake Park to keep canoes or kayaks. Many area citiesoffer the opportunity for residents and nonresidents to store canoes and kayaks at some of the parks that have bodies of water. There are locations Rogers Lake Park that we could offer a rack that would not affect the current uses of the park. During the April 14, 2015 Parks and Recreation Commission meeting the commission passed a motion asking the council to consider installing a canoe rack at Rogers Lake Park. Budget Impact Funds for the construction of a canoe/kayak would come from the Special Parks Fund. The racks could be rented out each season to help offset the costs. Cities around the metro area charge anywhere from $50-$200 for a yearly canoe rack rental. The Parks Commission is recommending that we charge $50 per year for a canoe rack rental.The cost to construct the wooden rack that would hold six canoes would be roughly $400, and would be built by city staff. Required Action A simple majority vote would move this item forward. page 40 5n. DATE: , 2015 TO: Mayor and City Council FROM: Sloan Wallgren, Recreation Program Coordinator SUBJECT: Marie Park Hockey Rink Update The Marie Park Hockey Rink was paved during the fall of 2014. Now that the area is paved there is an opportunity to take advantage of the new area. This area could be used for full court basketball and pickleball courts. To offer a full basketball court we would purchase two new hoops and posts and have them installed outsideof the boards. To offer pickleball we could stripe courts and purchase temporary/moveable nets that could be stored in the warming house or lockbox. At the April 14, 2015 Parks and Recreation Commission meeting the commission passeda motion for the council to consider adding pickleball and a basketball court at Marie Park. Staff has attached an example of what the area would like if we had a full basketball court and four pickle ball courts. Several cities around the metro area are offering pickleballin the hockey rinks, and many residents are making use of the space. Budget Impact The cost to line four pickleballcourts would be about $350 per court for a total of $1,400. The cost to purchase for nets, a dozen paddles and a few dozen pickleballs will cost roughly $1,100.The cost to line a basketball court would be roughly $500 and the hoops and post would cost $1,000 each. The total for this project would be $5,000 and would come from the Special Parks Fund. Action Required If the councilwishes to offer additional activities at Marie Park during the summer, a simple majority vote would move this item forward. page 41 page 42 5o. page 43 5p. page 44 page 45 page 46 page 47 page 48 page 49 page 50 page 51 page 52 page 53 page 54 5q. Johnson's Blacktop Driveway Acoustics Associates, Inc Norling Construction, LLC United Operations, Inc Weld & Sons Plumbing Company Thursday, May 28, 2015Page 1 of 1 11')! Victoria UI'WF� Mpind'A'a No- ighi;,, 5r. 651,4152,18"M ph(,m(, I 651 4 ,J,10,11 ._ w wn�ar��ial DATE: June 1, 2015 TO: Mayor, City Council and City Administrator FROM: John P. Maczko, Fire Chief SUBJECT: Replacement of 1996 Plymouth Van BACKGROUND In the 2015 fire department budget $29,000.00 is allocated to replace the 1996 Plymouth Voyager Utility Van. The van was purchased used in 1999 and has served the department well for the 16 years we have operated it. The van serves as a utility vehicle for the fire department and is marked and primarily operated by the Fire Marshal. It is also used to send firefighters to training and to shuttle personnel and equipment back and forth to/from fire scenes and training sites. On Saturday, May 301' the van was being used for our fire training in Sunfish Lake and during its use the transmission went out and it needed to be towed to Public Works. At this time there is no value in replacing/repairing the transmission and there is no residual trade-in value on a 19 year old van with 111,700 miles on it. In preparation for the replacement of the van the department had been in the process of evaluating its needs and how we would use the new vehicle. Through this process it was determined that our needs are best fit by replacing the van with a crew cab 4X4 pick-up truck. The truck has similar capabilities to the van in that it will carry 5 personnel, but also has the added capability of hauling hose and other FD equipment as well as the ability to pull any of our three trailers and be more useable during winter storms. This gives us much greater flexibility than we currently have. We are proposing to stay with a GM model vehicle to stay consistent with our brush truck and chiefs vehicles. My original intent was to make the request at the June 161' meeting however, the transmission going out on Saturday changed the timeline as there is a 10 week lead time for delivery. BUDGET IMPACT There is currently $29,000 included in the 2015 budget for the replacement of the van. We have received two bids for the truck: Thielen Motors, Inc Ranger GM (state contract price) $29,667.65 * $28,368.17* *This equipment is tax exempt as it is used in emergency fire response. The only additional costs are to install the portable radio, install the Knox Box security and mark the vehicle which will be minimal and covered within our current operations budget if needed. RECOMMENDATION It is my recommendation that we award the purchase to Ranger GM off of the state contract pricing for a bid price of $28,368.17. I further recommend that staff be allowed to dispose of the existing van as part of our vehicle extrication training as it has no value. John Maczko From: Bob OHara <rwohara0l@aol.com> Sent: Monday, June 01, 2015 1:05 PM To: John Maczko Subject: Re: truck Purchase Below is a pricing sheet for the truck we talked about. Thanks RANGER GM 1502 E HOWARD ST HIBBING, MN 55746 CONTACT PERSON CONTRACT # 70287 218-263-7576 fax FLEET MGR 800-894-7579 BOB OHARA 218-349-8955 ENDOTA HEIGHTS FIRE BASE MODEL 2015 CHEV 1500 CREW CAB CK15543 $ 25,197.17 X4 with 518" BOX ADDED OPTIONS 4,3L V6 STD RAILERING PKG Z82 $ 318.75 LOCKING REAR AXLE G80 $ 335.75 RAKE CONTROLLER JL1 $ 195.50 CHROME 6" TUBULAR STEPS BVQ $ 595.00 PRAY BED LINER CG N $ 403.75 ED CARGO LIGHTS UF2 $ 51.00 TONNEAU COVER SHY $ 531.25 incl remote heated ry mirrors FLEET CONVIENCE PKG PCR $ 272.50 EEPT TINTED GLASS AKO $ 170.00 EAR CAMERA UVC $ 170.00 AM -FM ST 103 STD not incl add 127.50AM-FM ST W/ BLUETOOTH OPT 104 EXT COLOR FIRE RED GCN INCL INT TRIM COLOR JET BLACK DARK ASH CLOTH H2R INCL TOTAL $ 28,240.67 `2i Sp 6. 5% SALES TAX $ page 55 8a. DATE: June 2, 2015 TO: Mayor, City Council, and City Administrator FROM: Lorri Smith, City Clerk SUBJECT: Public Hearing for Renewal of Liquor Licenses BACKGROUND A public hearing has been scheduled for Tuesday evening, June 2, 2015 for hearing public comments onthe renewal of thecurrent licenses to sell alcohol.These licenseswill expire on June 30, 2015.The City Council may conduct one public hearing and act on all of the licenses concurrently at this meeting provided there are no negative public comments or council concerns. Renewal applications have been received from the following licensees: Intoxicating Liquor and Sunday Liquor licenses: Felipe’s LLC dba Teresa’s Mexican Restaurant, 762 Highway 110 Haiku Japanese Bistro Inc. dba Haiku Japanese Bistro, 754 Highway 110 Courtyard Management Corp. dba Courtyard by Marriott, 1352 Northland Drive Club Liquor and Sunday Liquor licenses: Mendakota Country Club, 2075 Mendakota Drive Somerset Country Club, 1416 Dodd Road Wine licenses: Mendo Restaurant Group, Inc., dba Mendoberri located at 730 Main Street Windy City Pizza LLC dba Tommy Chicago’s Pizzeria located at 730 Main Street King and I Thai, LLC, dba King and I Thai, 760 Highway 110 Off-Sale Liquor licenses: MapleTree Mendota Retail LLC dba The Wine Market, Suite 101, 720 Main Street On-Sale 3.2 percent Malt Liquor licenses: Mendota Heights Par 3 located at 1695 Dodd Road, Mendo Restaurant Group, Inc., dba Mendoberri located at 730 Main Street Windy City Pizza LLC dba Tommy Chicago’s Pizzeria located at 730 Main Street King and I Thai, LLC, dba King and I Thai, 760 Highway 110 Off-Sale 3.2 percent Malt Liquor licenses: Northern Tier Retail LLC dba SuperAmerica#4521 located at 1080 Highway 110 Northern Tier Retail LLC dba SuperAmerica #4516 located at 1200 Mendota Heights Road Outstanding documentation - All of the required documentationhas been received, except for the following forms: MapleTree Mendota Retail – need updated Certificate of Insurance Windy City Pizza – need updated Bond Haiku Japanese Bistro – need updated Bond King and I Thai – need updated Bond page 56 Background investigations have been conducted resulting in no negative findings on the above applicants. There have been no liquor law violations within the past year.If approved, these licenses would be effective July 1, 2015 through June 30, 2016. RECOMMENDATION Staff recommends the Mayor and City Council hold the public hearing, consider comments from the public, and approve the issuance of the license renewals as listed above for the period of July 1, 2015 through June 30, 2016, contingent upon the Cityreceiving the outstanding documentationas noted above. page 57 City of Mendota Heights NOTICE OF PUBLIC HEARING RENEWAL OFLIQUORLICENSES Notice is hereby given that the Mendota Heights City Council will meet at 7:00p.m. or as soon thereafter as possible on Tuesday, June 2, 2015 in the City Council Chambers, 1101 Victoria Curve, to hold a public hearing and consider the applications for renewal of the liquor licenses for the following businesses: Mendoberri, 730 Main Street; Tommy Chicago’s Pizzeria,730 Main Street;King and I Thai, 760 Hwy 110; Mendota LiquorBarrel, 766 Hwy 110; The Wine Market, 720 Main Street; Courtyard by Marriott, 1352 Northland Dr;Haiku Japanese Bistro, 754 Hwy 110; Teresa’s Mexican Restaurant, 762 Hwy 110; Mendakota Country Club, 2075 Mendakota Dr; Somerset Country Club, 1416 Dodd Rd, Mendota Heights Par 3, 1695 Dodd Road, Super America #4516, 1200 Mendota Heights Rd, Super America #4521, 1080 Hwy 110. All interested persons may appear and be heard at the public hearing either orally or in writing. Lorri Smith City Clerk Published 05/24/15 page 58 9a. DATE: , 2015 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, PE, Assistant City Engineer Almin Ramic, PE,Project Engineer SUBJECT: Accept Bids and Award Contract for Victoria Road South Neighborhood Improvements BACKGROUND The feasibility report for the Victoria Road SouthNeighborhood Improvements was accepted by the Mendota Heights City Council on September 17, 2013. This project includes reconstructing the rural section of Victoria Road from Lexington Avenue to Marie Avenue. This project also includes reconstructing the trail that runs along Victoria Road.Council ordered the Victoria Road South Neighborhood Improvements at their November 19, 2013 meeting, and directed staff to prepare plans and specifications for this street reconstruction project. Council approved the plans and specifications at their April 21, 2015 meeting. Four bids (see below) were received and opened on Wednesday, May 27, 2015, at 10:00 a.m. for the Victoria Road South Neighborhood Improvements. NAME OF BIDDERAMOUNT OF BID Valley Paving, Inc.$1,536,774.31 Northwest$1,763,431.80 Bituminous Roadways Inc.$2,030,665.03 McNamara Contracting, Inc.$2,031,829.00 Valley Paving, Inc. submitted the lowest responsible bid of $1,536,774.31. Their bid was less than the Engineer's Estimate of $1,683 550.55. Valley Paving, Inc.is a contractor with many years of experience with an office in Shakopee, Minnesota and has completed projects in Mendota Heights in the past. Valley Paving, Inc. is a Veteran Owned business and earned the highest quality award on a national level for its work on Interstate 35E fromForest Lake to White Bear Lake. Staff recommends them for this contract. The substantial completion date for the project is October 16, 2015. Weexpect Valley Paving, Inc., serving in the capacity of General Contractor, is capable of meeting the completion dates and installing the proposed improvements in accordance with the plans and specifications given their experience and the amount of equipment and manpower they have at their disposal. page 59 Staff will mail out a general notice to the residents about the project after council awards the contract, including information regarding the construction schedule. Project Schedule A proposed schedule for the remainder of this project is shown below: Item: Date: Award Contract June 2, 2015 Begin Construction June/July 2015 Complete Construction Fall 2015 Assessment Hearing October 2015 Final Wear Course of Bituminous Pavement Fall 2015 City Hall –Upper Parking lot The bids solicited as an Alternate Bid to the primary bid for Victoria Road South for the reconstruction of the City Hall Upper Parking Lot have been received. Staff has reviewed the bids and has concluded that even the lowest bidreceived from Valley Paving, Inc. at $172,306.75 does not provideadded valueto the cityinthe economies of scale, and engineering staff can notrecommend the acceptance of this bid. The City was not obligated to move forward with the parking lot Alternate. Construction and Geotechnical Services Based on the contract the city is responsible for providing Construction Staking and Material Testing for the proposed project. Staff requested proposals from twosurveying companies have received proposals from both companies. Pioneer Engineeringprovided a proposal with an estimated cost of $15,505.00 to complete the construction staking for Victoria Road SouthNeighborhood Improvements. The proposal receivedfrom Bolton and Menk, Inc. had a costof $22,200.00. Staff has worked with Pioneer Engineeringin the past and staff feels that they will complete the construction staking work to our satisfaction. Staff also requested proposals forgeotechnical servicesand received aproposal from Northern Technologies, Inc. They provided a proposal with an estimated cost of $9,025.00 to complete the geotechnical services for Victoria Road SouthNeighborhood Improvements which include gradation of granular materials, compaction density tests, testing of bituminous and concrete pavement, and inspecting the quarry source. The geotechnical analysis of the materials used in the projectwill assist in verifying that the projectmeets all the required specifications. Even thoughother proposals were notreceived, the industry standard for such services assumes the cost to be close to 1% of the total project cost (in our case $16,000), so staff is confident that the proposed price is satisfactory and has worked with Northern Technologies, Inc. on several projects in the past with excellent results. BUDGET IMPACT The Victoria Road South Neighborhood Improvementsare proposed to be financed by Special Assessments, Municipal Bonds, Municipal State Aid, and Utility Funds.The total cost for the Victoria Road South Reconstruction is $1,536,774.31, not including indirect costs for legal, engineering, page 60 administration, and finance. The total cost for the Victoria Road South Construction and Geotechnical Services is $24,530.00, to be paid through purchase orders. RECOMMENDATION Staff recommends that the council accept the bids and award the construction contract to Valley Paving, Inc.for their bid in the amount of $1,536,774.31. Staff recommends that the council accept the Construction Stakingproposal from Pioneer Engineering and approve the purchase order for their services in the amount of $15,505.00, and accept the Geotechnical Services proposalfrom Northern Technologies, Inc.and approve the purchase order for their services in the amount of$9,025.00. Staff recommends rejection of all of the Alternative bids for the City Hall-UpperParking Lot. Ifcity councilwishes to implement the staff recommendation, pass a motion adopting RESOLUTIONACCEPTING BIDS AND AWARDING CONTRACT FOR THE VICTORIA ROAD SOUTHNEIGHBORHOOD IMPROVEMENTS (PROJECT #201308a) ANDREJECTINGTHEALTERNATE BID FOR THE RECONSTRUCTION OF CITY HALL- UPPER PARKING LOT . This action requires a simple majority vote. page 61 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2015-37 A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE VICTORIA ROAD SOUTHNEIGHBORHOOD IMPROVEMENTS (PROJECT #201308a) AND REJECTING ALL ALTERNATE BIDSFOR CITY HALL-UPPER PARKING LOT RECONSTRUCTION WHEREAS , pursuant to an advertisement for bids for the proposed construction of storm sewer, street paving and related appurtenant work of reconstructing Victoria Road from Lexington Avenue to Marie Avenuereferred to as the Victoria Road South Neighborhood Improvements, bids were received, opened, and tabulated according to law and the following bids were received complying with said advertisement: NAME OF BIDDERAMOUNT OF BID Valley Paving, Inc.$1,536,774.31 Northwest$1,763,431.80 Bituminous Roadways Inc.$2,030,665.03 McNamara Contracting, Inc.$2,031,829.00 and WHEREAS , the City Engineer recommended that the lowestresponsible bid submitted by Valley Paving, Inc. of Shakopee, Minnesota, be accepted. WHEREAS , the City Engineer has recommended that all of the Alternate Bids for the City Hall Upper Parking Lot be rejected, due to the high cost of the bids received. NOW THEREFORE BE IT RESOLVED , by the Mendota Heights City Council as follows: 1.That the bids for the Victoria Road South Neighborhood Improvements project are hereby received and accepted. 2.That the bid of Valley Paving, Inc. of Shakopee, Minnesota, submitted for the construction of the above described improvements be and the same is hereby accepted. 3.That the contract be awarded to Valley Paving, Inc. of Shakopee, 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. 4.That all of the Alternatebids for the City Hall Upper Parking Lotproject are hereby received and rejected. Adopted by the City Council of the City of Mendota Heights this secondday ofJune, 2015. 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DATE: June 2, 2015 TO: Mayor, City Council and City Administrator FROM: Nolan Wall, AICP Planner SUBJECT: Public Hearing Request for City Council Consideration of a Critical Area Permit BACKGROUND Staff was recently made aware of a retaining wall constructed without the required criticalarea and building permits at 1104 Sibley Memorial Highway. According to the property owners, itwas constructed in 2011 to replace a pre-existing timber structure in the same location.The property is for sale and the current owners would like to address the permitting issues as soon as possible. Critical area permits typically require a public hearing before the Planning Commission prior to Council action. In order to expedite the approvalprocess, the property owners are requesting the application be exempted from Planning Commission review and the public hearing be held before the City Councilon June 16. Upon consultation with the City Attorney, staff advised the property owners that a formal request to the City Council is required to consider setting a public hearing date. Due to the after-the-factnature of the request and fairly straightforward review processfor such a project, staff recommends the application be considered directly before the City Council. Regardless of Council action on this request, a complete application is due Monday, June 2. If the request to hold the public hearing before the City Council is grantedand a complete applicationis submitted, the notice would be mailed to therequired surrounding property owners and published in the Sunday, June 7 edition of the South-West Review, in compliance with public notice requirements for such requests. In addition, the 60-day action timeline would still apply and the required state agencieswill be provided the application materials for review and comment. BUDGET IMPACT N/A RECOMMENDATION If the City Council desires to implement the recommendation, pass a motion to set the public hearing date for Tuesday, June 16 and direct staff to provide the required public notice. Thismatterrequires a simple majority vote. page 65 page 66 9d. DATE: June 2, 2015 TO: Mayor, City Council and City Administrator FROM: Nolan Wall, AICP Planner SUBJECT: Public Hearing Request for City Council Consideration of Amendments to a Final Planned Unit Development Plan, Final Plat, and Development Agreement BACKGROUND Ryland Homes, the developer of the LeMay Shores housing project, has notified the City of their intent to request an amendment to the Final Planned Unit Development Plan, Final Plat, and Development Agreement to plat an additional outlot. The City Councilapproved the most recently-amended Final Plat in August 2014, which was determined to be a “minor” amendment under the Code provisions and therefore did not require a formal planning application and public hearing. In this case, the proposed amendment requires a conditional use permit and public hearing, which is typically held before the Planning Commission. In order to expedite the approval process so the amended final plat can be recorded as soon as possible, the developer is requesting the application be exempted from Planning Commission review and the public hearing be held before the City Council on June 16. Upon consultation with the City Attorney, staff advised the developerthat a formal request to the City Council is required to consider setting a public hearing date. The proposed outlot would be platted in the rear yards of ten lots abutting the Resurrection Cemetery property and would have no impacts on the surrounding residential properties. Due to the nature of the request and past precedent to bypass Planning Commission review of minor amendments forthis project, staff recommends the application be considered directly before the City Council. Regardless of Council action on this request, a complete application is due Monday, June 2. If the request to hold the public hearing before the City Council is grantedand a complete application is submitted, the notice would be mailed to the required surrounding property owners and published in the Sunday, June 7 edition of the South-West Review, in compliance with public notice requirements for such requests. In addition, the 60-day action timeline would still apply. BUDGET IMPACT N/A RECOMMENDATION If the City Council desires to implement the recommendation, pass a motion to set the public hearing date for Tuesday, June 16 and direct staff to provide the required public notice. Thismatterrequires a simple majority vote. page 67 May 27, 2015 Nolan Wall City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Re: Lemay Shores, Public Hearing Request Dear Mr. Wall: Ryland Homes has submitted to the City of Mendota Heights a request to amend the Lemay Shores Final Planned Unit Development Plan, Final Plat, and Development Agreement. It is our understanding that this application requires a public hearing. Ryland requests the public hearing be held with the City Council on its next earliest agenda as allowed by the City. Ryland appreciates your consideration on this request. Please call or email me with any questions or request of any additional information. Sincerely, Mark Sonstegard VP Land Development Ryland Homes, Twin Cities. page 68 9e. DATE: June 2, 2015 TO: Mayor, City Council and City Administrator FROM: Nolan Wall, AICP Planner SUBJECT: Ordinance 478 Adopting Proposed Code Amendments for Minimum Requirements for Single-family Residential Districts BACKGROUND The City Council discussed several issues surrounding infill development and teardowns at past workshops and directed staff to bring forward potential code amendments for review and discussion. The proposed code amendment includes DRAFT language to address the following issues: 1.Dwelling dimensions 2.First floor elevation limitations 3.Construction standards The Planning Commission conducted a public hearing at the May 26meeting; there were no public comments. The Commission recommended extendingthe proposed hoursof operationfor exterior construction activities until 8:00 PM on weekdays, as in Section 3(2) of DRAFT Ordinance 478. Staff originally proposed limiting the hours of operation to 7:00 PM, whichis consistent with requirements for contractors working under city contracts. BUDGET IMPACT In order to provide for increased inspections of residential construction sites, the Council couldconsider amending the Fee Schedule to create a separate demolition permit and fee. RECOMMENDATION The Planning Commission recommended approval of DRAFT Ordinance 478with a revisionbased on their discussion, as described in Planning Case 2015-15.If the City Council desires to implement the recommendation, pass a motion adoptingORDINANCE 478 CONCERNING MINIMUM REQUIREMENTS FOR SINGLE- FAMILY RESIDENTIAL DISTRICTS. Thismatterrequires a simple majority vote. page 69 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 478 AN ORDINANCE AMENDING TITLE 12, CHAPTER 1, ARTICLE E OF THE CITY CODE OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA, DAKOTA COUNTY, CONCERNING MINIMUM REQUIREMENTS FOR SINGLE-FAMILY RESIDENTIAL DISTRICTS The City Council of the City of Mendota Heights, Minnesota, does hereby ordain: Section 1. Title 12-1E-1(A)(2) is hereby amended as follows: Dimensions: The shortest dimension of any sSingle-family dwellings shall be no less thantwenty two feet (22') in width, exclusive of porches and other projectionsappurtenances. Themaximum length longest dimension shall not exceed three (3) times the shortest width dimension. Section 2. Title 12-1E-1(A)(5) is hereby added as follows: First Floor Elevation: a.Teardown and construction of new single-family dwellings and additions, modifications, and alterations to existing dwellings shall not raise the first floor elevation more than one (1) foot above the existing condition. b.In the case of a split-level dwelling, the existing first floor elevation is the lowest elevation of an entrance to the dwelling, excluding entrances to the garage and those that do not face the street. c.By conditional use permit, the first floor elevation may be increased by more than one (1) foot from the existing condition in order to meet one or more of the following conditions: 1.Elevate the lowest level of the dwelling to an elevation of two (2) feet above the 100-year flood elevation, as established by the Federal Emergency Management Agency (FEMA). 2.Protect the dwelling from groundwater intrusion. Existing groundwater elevation shall be determined by a professional registered engineer in the State of Minnesota or by a certified hydrologist and provided for review and consideration. 3.Meet state building code, City Code or other statutory requirements. Section 3. Title 12-1E-1(D) is hereby added as follows: Construction Standards: All construction activities, including additions to existing structures, are required to comply with the requirements below. Failure to comply with any of the requirements may result in issuance of stop-work orders, fines, revocation of contractor licenses, and enforcement of the penalty provisions insection 12-1L-11 of this chapter. 1.Hours of operation for exterior construction activities are limited to 7:00 AM – 8:00 PM Monday through Friday and 9:00 AM – 5:00 PM on Weekends. 2.An Erosion and Sediment Control Plan must be approved by the Engineering Department to be implemented and properly maintained at alltimes, in accordance with section 11-6 of this code the City’s Land Disturbance Guidance Document. 3.Streets and surrounding properties shall be free of debris and mud at the end of each workday. page 70 4.Dumpsters placed on-site for more than ten (10) consecutive days during construction activities must be covered or have lidsthat close and secure to contain debris. 5.Storage of construction and landscaping materials, dumpsters, portable restroom facilities, and other equipment within the right-of-way is prohibited. 6.The permit holder must repair any damage to public or private property within three (3) working days from a notice being issued by the City. 7.When possible, contractor vehicle parking should be limited to one side of the street to allow adequate space for two-way traffic, emergency service vehicles, and city maintenance vehicles. Section 4. This Ordinance shall be in effect from and after the date of its passage and publication. Adopted and ordained into an Ordinance this second day of June, 2015. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST ___________________________ Lorri Smith, City Clerk page 71 DATE: May 26, 2015 TO: Planning Commission FROM: Nolan Wall, AICP Planner SUBJECT: Planning Case 2015-15 Proposed Code Amendments – Single-family Residential Construction APPLICANT: City of Mendota Heights PROPERTY ADDRESS: N/A ZONING/GUIDED: N/A ACTION DEADLINE: N/A DESCRIPTION OF THE REQUEST The City is considering amendments to Title 12-1E of the City Code concerning minimum requirements for single-family residential districts. BACKGROUND Mendota Heights is nearly fully-developed and remains an attractive place to live. As a result, lot splits and teardowns will continue to be prevalent in areas containing large lots and aging housing stock. The City Council has discussed several issues surrounding infill development and teardowns at past workshops and directed staff to bring forward potential code amendments for review and discussion. The R-1 One-Family Zoning District is predominate among residentialland uses in the City. Barring unusual site conditions, a lot zoned R-1 over30,000 square feet and 200 feet of frontage on a developed right-of-way can be split into two conforming lots. Surrounding property owners have voiced concerns about how these subdivisions relate to consistency and character of the existingneighborhood. However, it’s difficult to deny a subdivision request that complies with the applicable zoning regulations. In addition, discussion on the design and location of a new dwelling is most often not relevant to the subdivision request. This situation has left the City facing approval of subdivision requests that raise issues of neighborhood compatibly and opposition. As a result, balancing concerns regarding change and reinvestment in the housing stock is challenging. ANALYSIS DRAFT Ordinance 478 (attached) includes the following proposed code amendments: DwellingDimensions Title 12-1E-1(A)(2) currently reads: Dimensions: The shortest dimension of any single-family dwelling shall be twenty two feet (22'), exclusive of porches and other appurtenances. The longest dimension shall not exceed three (3) times the shortest dimension. page 72 The intent is most likely to prevent long, narrow dwellings. However, the existing language is vague and difficult to interpret based on new home designs that feature a variety of design features. The proposed language in DRAFT Ordinance 478 has the same intent, but clarifies how the dimensions are determined: Dimensions: Single-family dwellings shall be no less than twenty two feet (22') in width, exclusive of porches and other projections. The maximum length dimension shall not exceed three (3) times the shortest minimum width dimension. First Floor Elevation In order to ensure new homes are not intentionally constructed to tower over adjacent existing homes, the height of the new first floor elevation can be limited. DRAFT Ordinance 478 includes the following: First Floor Elevation: a.Teardown and construction of new single-family dwellings and additions, modifications, and alterations to existing dwellings shall not raise the first floor elevation more than one (1) foot above the existing condition. b.In the case of a split-level dwelling, the existing first floor elevation is the lowest elevation of an entrance to the dwelling, excluding entrances to the garage and those that do not face the street. c.By conditional use permit, the first floor elevation may be increased by more than one (1) foot from the existing condition in order to meet one or more of the following conditions: 1.Elevate the lowest level of the dwelling to an elevation of two (2) feet above the 100-year flood elevation, as established by the Federal Emergency Management Agency (FEMA). 2.Protect the dwelling from groundwater intrusion. Existing groundwater elevation shall be determined by a professional registered engineer in the State of Minnesota or by a certified hydrologist and provided for review and consideration. 3.Meet state building code, City Code or other statutory requirements. The proposed amendment is based on the City of Edina’s existing regulations. As proposed, the first floor elevation could be increased by more than one foot by conditional use permit in order to addressthe proposed conditions. Construction Standards In most recent cases, lot splits have included demolition of the existing structures on the parent parcel and the inevitable construction of two new single-family dwellings on the newly-created lots. Demolition is often required in order to eliminate setback non-conformities with the existing structures as a result of the proposed lot split. In addition, the age and condition of the existing structures and desires of new homeowners also influence whether they are demolished or not. Most new homebuilders want 3-car garages, mudrooms, open floor plans, and other updated design features. Unfortunately, most of the homes recently demolished don’t meet those needs, or would require significant renovations if retained by a new owner. Many of the complaints staff receives regarding new homes are related to nuisances caused by construction activity, including noise, traffic, debris, and parking. DRAFT Ordinance 478 includes the following: Construction Standards: All construction activities, including additions to existing structures, are required to comply with the requirements below. Failure to comply with any of the requirements may result in issuance of stop-work orders, fines, revocation of contractorlicenses, and enforcement of the penalty provisions in section 12-1L-11 of this chapter. 1.Hours of operation for exterior construction activities are limited to 7:00 AM –7:00 PM Monday through Friday and 9:00 AM – 5:00 PM on Weekends. 2.An Erosion and Sediment Control Plan must be approved by the Engineering Department to be implemented and properly maintained at all times, in accordance with section 11-6 of this code the City’s Land Disturbance Guidance Document. 3.Streets and surrounding properties shall be free of debris and mud at the end of each workday. 4.Dumpsters placed on-site for more than ten (10) consecutive days during construction activities must be covered or have lids that close and secure to contain debris. page 73 5.Storage of construction and landscaping materials, dumpsters, portable restroom facilities, and other equipment within the right-of-way is prohibited. 6.The permit holder must repair any damage to public or private property within three (3) working days from a notice beingissued by the City. 7.When possible, contractor vehicle parking should be limited to one side of the street to allow adequate space for two-way traffic, emergency service vehicles, and city maintenance vehicles. ALTERNATIVES Following the public hearing and further discussion, the Planning Commission may consider the following actions: 1.Recommendapproval of DRAFT Ordinance 478, as presented or as amended by the Commission. OR 2.Recommend denial of DRAFT Ordinance 478. OR 3.Table the request, pending additional information and revisions from staff. STAFF RECOMMENDATION Staff recommends the Planning Commission discuss the proposed code amendment. If acceptable to the Commission, action can be taken at this month’s meeting. Staff would proposeto bring back any substantial revisions for reviewand further discussionat a future meeting prior to making a recommendation to the City Council. MATERIALS INCLUDED FOR REVIEW 1.DRAFT Ordinance 478 2.Planning Application, including supporting materials page 74 page 75 page 76