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2015-12-01 Council PacketCITY OF MENDOTA HEIGHTS CITY COUNCIL AGENDA December 1, 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 November 17, 2015 City Council Minutes b. Acknowledgement of November 24, 2015 Planning Commission Minutes c. Acknowledgement of October 13 and November 10, 2015 Park & Recreation Minutes d. Acknowledgement of September Par 3 Update e. Approve Renewal of Tobacco Licenses f. Approval of Cell Tower Lease Agreement with Saint Paul Regional Water Service for use of the Water Tower g. Approval of a Master Partnership Contract with the State Department of Transportation h. Acknowledge October 2015 Fire Synopsis i. Approve the Purchase of Turnout Gear j. Personnel Action Item k. Approval of October 2015 Treasurer’s Report l. Approval of Claims List m. Approval of Contractor List 6. Public Comments 7. Presentations a. Resolution 2015-92, Approving Final 2016 Property Tax Levy and Budget 8. Public Hearing - None 9. New and Unfinished Business a. Resolution 2015-93, Preliminary/Final Plat for Caroline’s Lake View Second Addition, Planning Case 2015-39 b. Resolution 2015-94, Lot Line Adjustment and Variance at 754 and 750 Upper Colonial Drive, Planning Case 2015-40 c. Resolution 2015-95, Lot Split and Variances for a portion of Wentworth Park, Planning Case 2015-41 d. Purchase Agreement between the City of Mendota Heights and Brian and Jamie Nordin (750 Upper Colonial Drive) for a portion of Wentworth Park e. Resolution 2015-96, Lot Split and Variance at 789 Ridge Place, Planning Case 2015-42 f. Presentation by Brian Birch regarding lots at the Village of Mendota Heights g. Resolution 2015-91, Authorize Sanitary Sewer Usage Rates Beginning First Quarter 2016 h. Resolution 2015-98 Approve Specs, Ad for Bids for Purchase of Dump Truck i. Set Workshop Meeting Dates j. Consideration of Amendment to PUD Agreement with Mendota Mall Associates, LLP 10. Community Announcements 11. Council Comments 12. Adjourn CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, November 17, 2015 Pursuant to due call and notice, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Krebsbach called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Duggan, Povolny, Petschel, and Norton. Councilmembers Duggan and Povolny were absent. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Councilmember Petschel moved to approve the agenda with items 5d. Approval of Purchase Order for Dump Truck and 9a. Presentation by Brian Birch deferred to a future Council meeting agenda. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and approval. Councilmember Norton moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein. a. Approval of November 3, 2015 City Council Minutes b. Approval of October 29, 2015 Council / Planning Commission Workshop Minutes Councilmember Petschel moved to approve the workshop minutes as amended. Councilmember Norton seconded the motion. Ayes: 3 Nays: 0 Absent: 2 (Duggan, Povolny) c. Approval of Resolution 2015-88 Joint Powers Agreement with Dakota County for 2016 Waste Abatement Community Funding Councilmember Petschel moved for adoption with the amendment as noted. Councilmember Norton seconded the motion. Ayes: 3 Nays: 0 Absent: 2 (Duggan, Povolny) page 3 d. Purchase Order for 2016 Dump Truck and Accessories-item deferred to future meeting e. Approval of Resolution 2015-90, Senior Citizen Deferred Assessment f. Appointment of Probationary Firefighters g. Approval of Personnel Action Report h. Approval of October 2015 Building Activity Report i. Approval of Claims List j. Approval of Contractor List Councilmember Petschel seconded the motion. Ayes: 3 Nays: 0 Absent: 2 (Duggan, Povolny) PUBLIC COMMENTS There were no public comments. PRESENTATIONS A) DAKOTA COUNTY – MENDOTA-LEBANON HILLS GREENWAY ALIGNMENT ALTERNATIVE RECOMMENDATION FOR HIGHWAY 110 PEDESTRIAN CROSSING Public Works Director John Mazzitello explained that city and county staff have been working on developing the concept for a pedestrian-grade separated crossing at Highway 110 in support of the Mendota-Lebanon Hills Greenway Master Plan. County Project Manager Jacob Rezac presented the project as it stands to date and informed the Council that the recommendation would be going forward to the Dakota County Physical Development Committee on December 1st. Mr. Rezac explained the three alternative alignments that are being considered and shared images of the three alignment options with the following highlights: 1. Western Option • Located near the intersection of Dodd Road/Highway 110, provides a 90 degree crossing • Only a box culvert is feasible for this location due to its proximity to Highways 149 and 110 2. Skewed Option • Provides for an underpass crossing of Highway 110 that allows for box culverts or highway bridges that would traverse over the proposed greenway 3. Eastern Option • Located nearer to Oak Street • Allows for three crossing types o Box culvert crossing (underpass) o Highway 110 bridge option (underpass) o Overpass option page 4 All of these options have been evaluated for cost, impacts to property, impacts to drainage, as well as trail connectivity and structure flexibility type. The recommendation is to go with option 3 since it graded out the best and provides a crossing near Oak Street. An open house was held on October 21st and 17 comments were received with a slight preference for Option 3 as opposed to Option 2. The plan is to recommend Option 3 (Eastern) to the county board in December 2015. Mr. Rezac then presented the different structure types available for Option 3: • Box Culvert Underpass – fairly straight-forward crossing type • Three-sided Arch Underpass (used at Charlton) • At-grade bridges on Highway 110 over the trail • Pedestrian Overpass - It was pointed out that Highway 110 is designated as a potential house moving route which requires additional clearance. Councilmembers asked questions regarding the length of an underpass, the aesthetics of an overpass, and the type of ramp needed for an overpass. Council members raised a concern that a crossing too far to the east would not be used by pedestrians and they would still try to cross at the intersection (which is dangerous). Additional concerns regarding an overpass included that the ramps may be too steep for easy maneuverability, the width of an overpass, materials used to construct an overpass may be too obtrusive, and the maintenance of the materials for an overpass structure. Lengthy discussion occurred on the different options regarding construction, aesthetics, inspections, and costs. The project schedule includes adopting a structure type by December 15 and in January 2016 the design phase will begin. The structure is anticipated to be constructed in the summer of 2017. County Commissioner Tom Egan was also in attendance and spoke on this topic. It was the consensus of the Councilmembers that option 3 with an underpass using larger bridge decks would be the preferred option because it would be less obtrusive while still providing a nice connection between the two retail centers. PUBLIC HEARING A) 2016 STREET IMPROVEMENT PROJECT – MENDOTA ROAD NEIGHBORHOOD IMPROVEMENTS Assistant City Engineer Ryan Ruzek explained this public hearing was to consider the Mendota Road Neighborhood Improvements. The project involves reconstruction of Mendota Road from Oak Street to Delaware Avenue and rehabilitating High Ridge Circle, Sibley Court, and Warrior Drive. Along Warrior Drive, staff proposed to construct a median down the center of the street, from just north of High Ridge Circle to the south end of the street. Both sides of the road would be striped to allow for parking on the north section of Warrior Drive. However, there may be restrictions on student parking during the day. There would be on-street parking on the east side only of the proposed median section. Mr. Ruzek provided a brief history on the construction of the roadways in this project. page 5 The proposed improvements include reconstructing Mendota Road to a 10-ton street design. Staff is proposing to install curb and gutter on both sides of the street. The majority of the street would be 28 feet wide; however, staff is proposing parking lanes on the north side of the road in two sections and those sections would be 34 feet wide. No Parking signs would be installed in the areas of no parking. Storm sewer improvements would consist of adding catch basins along Mendota Road and connecting to the existing storm sewer system. The trail in areas where the parking lane would be added would need to be re-built. The existing roadway trail that would not be disturbed would be seal coated. ADA ramps would be installed at the intersections. Residents were sent a survey requesting their preference on a parking lane. The school district was also questioned and they would like to have a parking lane on the north side of the road from Warrior Drive to their existing parking lot near Delaware Avenue. It is proposed to reclaim the existing bituminous surface on High Ridge Circle, Sibley Court and Warrior Drive, and install four inches of new bituminous pavement; replace damaged curb and gutter, repair damaged catch basins, and Warrior Drive would be changed to allow for the concrete median. The anticipated costs of the project total $1,862,164.98 (includes indirect costs for legal, engineer, administration, and finance). The funding sources include Special Assessments - $372,718; Bonds - $852,859; MSA Account - $450,000; Stormwater Utility - $149,000. The proposed unit assessments for the street reconstruction of Mendota Road is $7,593 (21% of the assessable cost). The 13 properties that had been previously assessed during the reconstruction of South Lane, Knob Road, Freeway Road, and The Village will have their assessments reduced by the amount they were assessed in 2002. The estimated project costs for the street rehabilitation of High Ridge Circle, Sibley Court and Warrior Drive totaled $3,950 (27% of the assessable cost). Councilmembers asked questions regarding the width of the proposed median along the middle of Warrior Drive, the look of the median that would not cause maintenance headaches, and if the cost of the raised median would be shared throughout the project or paid by the City. Councilmember Norton moved to open the public hearing. Councilmember Petschel seconded the motion. Ayes: 3 Nays: 0 Absent: 2 (Duggan, Povolny) Mr. Tom Thieman, Sibley Court, suggested that ‘No U-turns’ signs be installed at the north end. Technically the signs only appear on the southbound lane. Some students are taking that as a liberty to make U-turns. Mr. Joe Lawder, 1851 Warrior Drive, understands that there will be striping for parking but asked if the parking situation would be changing. He also asked about the design of the cul-de-sac turnaround area. page 6 He expressed his concern about all of the structure, signage, and striping being placed on Warrior Drive and urged Council to keep in mind the aesthetics of the roadway and to reduce visual clutter. Ms. Julie Shade, 649 Highway 110, stated that Highway 110 is higher than the frontage road. She expressed concern about the additional traffic the frontage road will see in 2017 when Highway 110 is rehabilitated. She is concerned about flooding if curbs are to be installed on both sides of the frontage road. There is already flooding from South Lane and Knob Road. She expressed concern for the seniors who live along the frontage road and cannot afford the assessments. In response, City Engineer Mazzitello explained the option of a deferment that is available for residents over 65 years of age or disabled veterans. Ms. Shade raised other issues regarding truck parking and the speed of traffic on the frontage road. Councilmember Petschel recommended that the Traffic Safety Committee review her concerns. Councilmember Norton moved to close the public hearing. Councilmember Petschel seconded the motion. Ayes: 3 Nays: 0 Absent: 2 (Duggan, Povolny) Councilmember Norton moved to adopt RESOLUTION 2015-89 ORDERING THE IMPROVEMENT PROJECT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE MENDOTA ROAD NEIGHBORHOOD IMPROVEMENTS (PROJECT #201507). Councilmember Petschel seconded the motion. Ayes: 3 Nays: 0 Absent: 2 (Duggan, Povolny) NEW AND UNFINISHED BUSINESS B) APPROVE BROADBAND JOINT POWERS AGREEMENT WITH DAKOTA COUNTY BROADBAND BOARD City Administrator Mark McNeill explained that the Council has had two meetings with the Dakota County CDA earlier this this year to discuss the plans for a broadband ring, which would connect all of the cities in Dakota County. There are eleven city partners. The intent would be that this would also serve Dakota County and school districts offices. Initially, this would be for governmental functions (iNet). In the future, the City may be able to offer a commercial network to businesses as an economic development tool (CNET). Phase 1 of the broadband study has been completed. The Dakota County Broadband Board is recommending a Joint Powers Agreement, which would allow cities to continue on with Phase 2 and establish a Board of Directors, which would then provide for the governance, the policy, and the budgetary research. By state law, the board members would need to be elected officials; a regular member and an alternate. Mayor Krebsbach has indicated she would like to be the regular member and Councilmember Duggan would be willing to serve as alternate. page 7 The cost to the City for the initial membership fee is relatively modest at $1,661. There are funds in the Cable TV fund for that. Councilmember Petschel moved to authorize the City to enter into the Joint Powers Agreement for the Dakota County Broadband Board; appoint Mayor Krebsbach to be the Mendota Heights Board member and to appoint Councilmember Duggan as the Board alternate; and authorize payment of $1,661.23 for Mendota Heights’ initial membership fee, payable out of the Cable TV Fund. Councilmember Norton seconded the motion. Ayes: 3 Nays: 0 Absent: 2 (Duggan, Povolny) COMMUNITY ANNOUNCEMENTS Assistant to the City Administrator Tamara Schutta made the following announcements: • The Fire Department is asking residents to Adopt-a-Hydrant to keep it clear of snow. • There is no parking allowed between 2:00 am and 6:00 am starting November 1, 2015 through March 31, 2016. • City Hall will be closed on November 26 and November 27 for the Thanksgiving holiday. • Tree lighting ceremonies will be held on December 4 at 6:00 p.m. at Mendota Plaza and December 5 at 4:00 p.m. to 8:00 p.m. at The Village. • Recycling of holiday lights at City Hall now through the end of January 2016. • Jerry Murphy’s family sent a thank-you card to the City and asked that their appreciation be passed on to the residents. COUNCIL COMMENTS Councilmember Norton congratulated all of the sports teams that are wrapping up their fall seasons. Good luck to everyone who is starting their winter sports. He expressed his personal congratulations to St. Thomas Academy’s soccer and football teams for advancing well into the state finals. Councilmember Petschel commented on the events in Paris and extended to them the City’s thoughts and prayers. She expressed her appreciation to the street sweepers and encouraged residents who have a storm sewer grate near their home to keep it clear of leaves and debris. She has received requests from residents that when the Council is reviewing Planning cases, the location of the property under consideration be shown on a map. She attended the Fire Department dance which was a wonderful event. She wished everyone a Happy Thanksgiving. page 8 Mayor Krebsbach encouraged residents to enjoy Mendota Heights; the Plaza, the Village, restaurants where people can enjoy dinner – all are signs of strength in the current times. She noted that Lois Herman, the Original Champagne Lady for the Lawrence Welk Show and a resident of Mendota Heights, died recently. She expressed condolences to the family. She also wished everyone a peaceful and joyful Thanksgiving holiday. ADJOURN Councilmember Norton moved to adjourn. Councilmember Petschel seconded the motion. Ayes: 3 Nays: 0 Absent: 2 (Duggan, Povolny) Mayor Krebsbach adjourned the meeting at 9:11 p.m. ____________________________________ Sandra Krebsbach Mayor ATTEST: _______________________________ Lorri Smith City Clerk page 9 CITY OF MENDOTA HEIGHTS 1 DAKOTA COUNTY, MINNESOTA 2 3 PLANNING COMMISSON MINUTES 4 November 24, 2015 5 6 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, 7 November 24, 2015 in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. 8 9 The following Commissioners were present: Chair Litton Field, Jr., Commissioners Howard 10 Roston, Michael Noonan, Doug Hennes, and Mary Magnuson. Those absent: Christine Costello 11 and Ansis Viksnins. Others present were City Planner Nolan Wall and Public Works Director/City 12 Engineer John Mazzitello. 13 14 Approval of Agenda 15 16 The agenda was approved as submitted. 17 18 Approval of October 27, 2015 Minutes 19 20 COMMISSIONER HENNES MOVED, SECONDED BY COMMISSIONER ROSTON TO 21 APPROVE THE MINUTES OF OCTOBER 27, 2015, AS PRESENTED. 22 23 AYES: 5 24 NAYS: 0 25 ABSENT: 2 (Costello, Viksnins) 26 27 Hearings 28 29 PLANNING CASE #2015-39 30 Boyd Ratchye and Susan Light 31 Preliminary and Final Plat at 2270 Wagon Wheel Court 32 33 City Planner Nolan Wall explained that the applicants requested Preliminary and Final Plat 34 approval to dissolve an outlot and create an additional lot at 2270 Wagon Wheel Court. 35 36 The applicants own approximately three acres of land adjacent to Rogers Lake. The property 37 includes parts of lots 16 and 17 of Caroline’s Lakeview Addition, as well as Outlot A of the Kipp 38 Addition. Wagon Wheel Court was constructed in 2007 and was facilitated by the approval of the 39 Kipp Addition Plat, which platted five single-family lots on the west side of Wagon Wheel Court 40 and Outlot A on the east side of the road. 41 42 The applicant’s property containing the existing dwelling was not included in the Kipp Addition 43 but Outlot A was. Since the properties are both now owned by the applicants, the properties had 44 to be replatted in order to dissolve Outlot A. 45 46 page 10 The proposed Preliminary Plat would dissolve Outlot A and then would create Lots 1 and 2. Lot 1 47 would contain the existing dwelling and then there would be an additional lot for construction of 48 a new single-family dwelling. The applicants recently received building permit approval to 49 remodel the existing dwelling and they plan to sell the newly-created parcel to another party to 50 build on in the future. 51 52 As proposed, Lot 1 would be 30,936 square feet and Lot 2, containing a future single-family 53 dwelling, would be 100,632 square feet of land. Based on the R-1 district standards both parcels, 54 the existing dwelling, and potential pad are compliant with the City Code and the Comprehensive 55 Plan. 56 57 The applicant also included a concept grading and utility plan. The building pad on Lot 2 could 58 contain a dwelling with driveway and utility access to either Wagon Wheel Court or Wagon Wheel 59 Trail. The proposed plan is only required to show that the potential new dwelling could be 60 constructed that meets the applicable code requirements and is not meant to bind the future 61 property owner into a specific location or design. Based on the location of that potential building 62 pad on Lot 2, additional permitting would be necessary due to the proximity to the wetlands. Since 63 no construction is being proposed at this time, the condition of approval is requiring that the future 64 property owner be subject to those requirements at a future date. 65 66 The code also requires that subdivisions be designed so that no construction or grading would be 67 constructed in slopes that are steeper than 25%, of which there are some on Lot 2. A condition of 68 approval prohibiting construction or grading on those slopes for Lot 2 is included as a condition 69 of approval. 70 71 Planner Wall shared images of the parcels involved in this application. 72 73 Staff recommended approval of this request based on the findings of fact and with conditions. 74 75 Commissioners asked questions regarding the location of the Kipp Addition in relation to this plat 76 request, if Lot 2 could be split in the future and still meet code requirements, and the requirement 77 of wetlands permit when and if a dwelling is built on Lot 2. 78 79 The applicants, Boyd Ratchye and Susan Light, were present and available for questions from the 80 Commission. Paul McGinley of Loucks Associates, representing the applicants, provided further 81 information concerning the request and future plans. 82 83 Chair Field opened the public hearing. 84 85 Seeing no one coming forward wishing to speak, Chair Field asked for a motion to close the public 86 hearing. 87 88 COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER MAGNUSON, TO 89 CLOSE THE PUBLIC HEARING. 90 91 92 AYES: 5 93 NAYS: 0 94 ABSENT: 2 (Costello, Viksnins) 95 96 COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER HENNES, TO 97 RECOMMEND APPROVAL OF PLANNING CASE 2015-39, PRELIMINARY AND FINAL 98 PLAT BASED ON THE FOLLOWING FINDINGS OF FACT: 99 1. The proposed requests meet the purpose and intent of the City Code and are consistent with 100 the Comprehensive Plan. 101 2. The requests are necessary to dissolve an existing outlot so that future access to Wagon 102 Wheel Court is available to Lot 2. 103 3. The newly created parcels do not create any non-conformities with the existing dwelling 104 on Lot 1 and would allow for construction of a new single-family dwelling on Lot 2 in 105 compliance with the applicable zoning standards. 106 4. A wetlands permit for future construction on Lot 2 will require compliance with applicable 107 land disturbance and drainage standards to ensure there are no negative impacts to the 108 surrounding water bodies and environment. 109 AND WITH THE FOLLOWING CONDITIONS: 110 1. Park dedication fee in the amount of $2,700, in lieu of land, is collected after City Council 111 approval and before being recorded by Dakota County or issuance of any additional permits 112 by the City. 113 2. Depending on future access from Wagon Wheel Court or Wagon Wheel Trail, a Public 114 Utility/Improved Public Right-of-Way Fee is paid to the City prior to issuance of a building 115 permit for construction on Lot 2. 116 3. In the event that future utility connections are made to Wagon Wheel Court, utility 117 connection fees are paid to the City prior to issuance of a building permit for construction 118 on Lot 2. 119 4. The applicant shall dedicate the following drainage and utility easements on both parcels 120 to be denoted on the Final Plat submitted to Dakota County: 10-foot wide along the front 121 property lines and 5-foot wide along the side and rear property lines. 122 5. No grading or construction activity on Lot 2 will occur on slopes over 25%. 123 6. All grading and construction activity on Lot 2 will be in compliance with applicable 124 federal, state, and local regulations and codes, as well as in compliance with the City’s 125 Land Disturbance Guidance Document. 126 7. A wetlands permit is obtained prior to any applicable development activities on Lot 2. 127 128 AYES: 5 129 NAYS: 0 130 ABSENT: 2 (Costello, Viksnins) 131 132 Chair Field advised the City Council would consider this application at its December 1, 2015 133 meeting. 134 135 PLANNING CASE #2015-40 136 Alan and Gloria Weinblatt/Brian and Jamie Nordin 137 Lot Line Adjustment and Variance at 754 and 750 Upper Colonial Drive 138 City Planner Nolan Wall explained that applicants, the owners of 754 and 750 Upper Colonial 139 Drive, were seeking to adjust the interior property boundary line to resolve an encroachment issue. 140 The request requires City approval before being recorded and also requires a variance from the 141 minimum lot standard. 142 143 The properties were platted as Lots 9 and 10 of the Cherry Hill Addition in 1960 and the existing 144 dwelling on Lot 9 encroaches onto Lot 10. In order to resolve the issue and allow the sale of Lot 145 9, both property owners have agreed to adjust the interior property boundary line as proposed on 146 the survey. Lot 9 currently does not meet the R-1 district’s required side yard setbacks or lot width 147 standards and would be brought into conformance as a result of the proposed adjustment. Based 148 on the height of the existing dwellings contiguous to both side yards, the required minimum 149 setback would be 10 feet on both parcels. Lot 10 will still meet those side yard setback standards. 150 151 As part of a separate application to be considered on its own merits, the City is then requesting a 152 lot split and variance to convey a portion of adjacent land to Lot 10, which would ultimately, if 153 approved, bring Lot 10 into conformance. 154 155 Planner Wall then reviewed the three standards of review for variance requests and how this 156 application meets those standards. 157 158 Planner Wall shared images of the parcels involved in this application. 159 160 Staff recommended approval of the lot line adjustment and variance requests based on the findings 161 of fact and with conditions. 162 163 Commissioners asked questions regarding the possibility of future encroachments if the adjacent 164 properties not in the application were to sell or change ownership. 165 166 Alan and Gloria Weinblatt, 754 Upper Colonial Drive were available to comment and answer 167 questions of the Commission. 168 169 Chair Field opened the public hearing. 170 171 Seeing no one coming forward wishing to speak, Chair Field asked for a motion to close the public 172 hearing. 173 174 COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER NOONAN, TO 175 CLOSE THE PUBLIC HEARING. 176 177 AYES: 5 178 NAYS: 0 179 ABSENT: 2 (Costello, Viksnins) 180 181 COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER NOONAN, TO 182 RECOMMEND APPROVAL OF PLANNING CASE 2015-40, LOT LINE ADJUSTMENT AND 183 VARIANCE BASED ON THE FOLLOWING FINDINGS OF FACT: 184 1. The proposed lot line adjustment and variance requests meet the purpose and intent of the 185 City Code and are consistent with the Comprehensive Plan. 186 2. The purpose of the requests are to resolve an existing encroachment over the interior 187 property boundary line. 188 3. In order to comply with the required minimum side yard setback standards based on the 189 existing conditions, the non-conforming lot width will be transferred from Lot 9 to Lot 10. 190 4. The existing conditions were not created by the current property owners and create a 191 practical difficulty in adjusting the interior property boundary line in compliance with the 192 lot width standard in order to address the non-conformities created by the encroachment. 193 5. Other alternatives to attain compliance that would require removal of portions of the 194 dwelling or acquisition of additional property not owned by the applicants are not practical. 195 6. Approval of the requests will have no visible impact on either property and will not 196 negatively impact the character of the neighborhood. 197 AND WITH THE CONDITION THAT THE APPROPRIATE DOCUMENTS ARE RECORDED 198 WITH DAKOTA COUNTY. 199 200 AYES: 5 201 NAYS: 0 202 ABSENT: 2 (Costello, Viksnins) 203 204 Chair Field advised the City Council would consider this application at its December 1, 2015 205 meeting. 206 207 PLANNING CASE #2015-41 208 City of Mendota Heights 209 Lot Split and Variances for portion of Wentworth Park 210 211 City Planner Nolan Wall explained that the City was seeking a lot split for a portion of property 212 within Wentworth Park and requires several variances from the R-1 district standards. He noted 213 that this is the property alluded to in Planning Case 2015-40. 214 215 The property owners at 750 Upper Colonial Drive have requested to acquire a 4,400-square foot 216 portion of city-owned property, immediately adjacent to their eastern property boundary line that 217 is currently part of Wentworth Park. The area in-question does include existing driveway, 218 landscaping, and fencing encroachments onto City property and ultimately, if approved, would be 219 combined and dissolved into that existing parcel after being purchased and recorded. 220 221 The dwelling was constructed in 1967 and, to the best of staff’s knowledge, the existing conditions 222 have been there for several decades. That portion of Wentworth Park was platted as Outlots A and 223 B of the Cherry Hill Addition Plat in 1960. It is separated from the main area of the park off of 224 Wentworth Avenue, includes an off-street connection to Upper Colonial Court, tennis courts, and 225 wetlands. However, the area in-question does not contain any public improvements. 226 227 Specific to the variances, the proposed lot split would temporarily create non-conformities with 228 the R-1 district’s minimum lot area, lot width, and driveway setback standards. Planner Wall then 229 reviewed the three standards of review for variance requests and how this application meets those 230 standards. 231 232 Planner Wall shared images of the parcels involved in this application. 233 234 Staff recommended approval of the lot split and variance requests based on the findings of fact 235 and with conditions. 236 237 Commissioners asked questions regarding if there would still be sufficient access into Wentworth 238 Park. 239 240 The City of Mendota Heights is the applicant in this request; however, Brian Nordin, owner of 750 241 Upper Colonial Drive, was present and offered further background information on the property. 242 243 Chair Field opened the public hearing. 244 245 Ira Kipp, 2273 Wagon Wheel Court, asked for clarification that this is a reduction of a city-owned 246 park and the sale of that land by the City to a private party. Planner Wall replied in the affirmative. 247 Mr. Kipp then asked if that had ever happened before in this City, to which Planner Wall was 248 unable to answer, as he did not have that information. 249 250 Chair Field asked for a motion to close the public hearing. 251 252 COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER MAGNUSON, TO 253 CLOSE THE PUBLIC HEARING. 254 255 AYES: 5 256 NAYS: 0 257 ABSENT: 2 (Costello, Viksnins) 258 259 COMMISSIONER HENNES MOVED, SECONDED BY COMMISSIONER NOONAN, TO 260 RECOMMEND APPROVAL OF PLANNING CASE 2015-41, LOT SPLIT AND VARIANCES 261 BASED ON THE FOLLOWING FINDINGS OF FACT: 262 1. The proposed subdivision request meets the purpose and intent of the City Code and is 263 consistent with the Comprehensive Plan. 264 2. The purpose of the requests are to formalize the existing conditions and address the non- 265 conformities created by the encroachments onto city-owned property. 266 3. The temporary non-conformities created as a result of the requests will be eliminated once 267 the property in-question is combined and dissolved by the private property owners. 268 4. The existing conditions were not created by the current private property owners and create 269 a practical difficulty in subdividing a reasonable amount of land in compliance with the 270 applicable Code requirements. 271 5. Approval of the requests will not negatively impact the park or the character of the 272 neighborhood. 273 AND WITH THE FOLLOWING CONDITIONS: 274 1. A purchase agreement is entered into between the City and the private property owner to 275 be approved by the City Council prior to the lot split being recorded by Dakota County. 276 2. Upon closing on the sale of the property in-question, the private property owner is required 277 to combine and dissolve the property into 750 Upper Colonial Drive. 278 3. All costs related to the sale and recording of the required documents are paid for by the 279 private property owner. 280 281 Commissioner Roston shared that reason for this request is that it appears to be correcting a mistake 282 that was made some 50 years ago. It would not necessarily be something he would be in favor of 283 to start disposing of City parkland to private property owners on a general basis. That would be a 284 mistake for the City if that were a policy. The reason the Commission can recommend approval of 285 this is because it appears to be correcting a mistake from a surveying error and it makes sense to 286 correct it in this particular unique circumstance. 287 288 Commissioner Roston moved to add a Finding of Fact #6 that “The granting of the lot split and 289 variance is reasonably necessary to correct a surveying error and is not intended to establish a 290 policy of selling City parkland.” 291 292 Commissioners Hennes and Noonan agreed to add this to their motion. 293 294 Brian Nordin, 750 Upper Colonial Court, stated that it was his understanding that the builders of 295 his property and the other properties down the line to the west mistook a mark for a curve in the 296 road as the property corner and built all of the homes based on that mistake. This led to all of the 297 houses being built further east than they should have been. So the land in-question has essentially 298 always been a part of his yard and never used as parkland. His intention in purchasing that land is 299 to bring his property back into conformance and to place a fence in the appropriate place. 300 301 Commissioner Noonan commented that, based on his understanding of the survey included in the 302 packet, the parkland and the subdivision were platted at the same time. 303 304 AYES: 5 305 NAYS: 0 306 ABSENT: 2 (Costello, Viksnins) 307 308 Chair Field advised the City Council would consider this application at its December 1, 2015 309 meeting. 310 311 PLANNING CASE #2015-42 312 Mark Gergen 313 Lot Split and Variance at 789 Ridge Place 314 315 City Planner Nolan Wall explained that the applicant, on behalf of the property owners, is 316 requesting to subdivide the parcel at 789 Ridge Place into two lots and requires a variance to 317 disturb slopes over 25%. The parcel is located on the corner of Wachtler Avenue and Ridge Place. 318 319 The subject parcel is 34,841 square feet and contains an existing single-family dwelling with an 320 attached garage accessing Wachtler Avenue. If the request were approved, the existing dwelling 321 would be demolished and two new single-family dwellings would be constructed on the lots. The 322 newly-created parcels would be 19,823 square feet and 15,018 square feet. Both would have over 323 100 feet of frontage at the 30-foot setback line and both would be compliant with applicable R-1 324 district standards. 325 326 According to the Code, due to the size and orientation of the newly-created parcels, front yard 327 setbacks would be limited to no more than 1/3 of the average lot depth, which compensates for the 328 deep lots and existing setbacks that are present on the adjacent parcels. This does influence the 329 potential building pad that would be located on Parcel A, the corner lot. 330 331 Based on the expansive front yard setbacks, staff recommended that Ridge Place be considered 332 Parcel A’s front yard with driveway access to be from either Wachtler Avenue or Ridge Place; 333 which would provide the maximum separation from the parcel to the north at 1940 Wachtler 334 Avenue. 335 336 Planner Wall continued by explaining that the Code requires that subdivisions be designed so that 337 no construction or grading would be conducted on slopes steeper than 25%. The subject parcel 338 does contain slopes in excess of 25% and those slopes would be disturbed by construction and 339 grading activities for the proposed dwellings and; therefore, requires a variance. 340 341 Staff believes that the intent of that standard was most likely to protect and preserve natural slopes 342 in the community from large-scale subdivision activities. However, it is something that still needs 343 to be addressed as part of this request. Planner Wall then reviewed the three standards of review 344 for variance requests and how this application meets those standards. 345 346 Planner Wall shared images of the parcels involved in this application. 347 348 Staff recommended approval of the lot split and variance request based on the findings of fact and 349 with conditions. 350 351 Mark Gergen, 1900 Oak Street, was present and available to answer questions or make comments 352 to the Commission. 353 354 Chair Field opened the public hearing. 355 356 Dave Boyum, 1940 Wachtler Avenue, commented on the character of the neighborhood; it is 357 mostly single-family, single-story dwellings, ramblers, and large lots. He expressed his concerns 358 about privacy from his property as he has a pool in the back yard. If they were to build 2-story 359 homes then he would lose privacy. He would prefer that the new dwellings face Ridge Place. He 360 also asked questions regarding demolition, potential damage to his place or other properties, and 361 if the value of his house would be impacted as a result of this request. 362 363 Planner Wall noted that there are a series conditions concerning the proposed request and while 364 there is currently no information on what style of home would be built, there are considerable 365 construction standards in the Code they would be held to. There is also a condition that the 366 applicant must submit a landscape plan as part of construction for those homes, which is intended 367 to mitigate impacts to surrounding properties. 368 369 John Steenberg, 804 Ridge Place, expressed his concerns that the City reserves enough land in 370 case they want to go in and correct a sight distance deficiency. As someone is coming down 371 Wachtler and making the 90-degree curve there, there are quite a few pine trees on the property 372 line and it is very difficult to see around that curve for cars coming. Mr. Steenberg is very 373 comfortable with the 53-foot setback from the property line, as recommended by staff. He also 374 wished to make sure that the City was aware – be it folklore or not – that it is believed that the 375 original builders of the house buried two funeral urns in the back yard. He believes their daughters 376 should be contacted to confirm or deny. 377 378 Chair Field asked for a motion to close the public hearing. 379 380 COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER HENNES, TO 381 CLOSE THE PUBLIC HEARING. 382 383 AYES: 5 384 NAYS: 0 385 ABSENT: 2 (Costello, Viksnins) 386 387 COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER ROSTON, TO 388 RECOMMEND APPROVAL OF PLANNING CASE 2015-42, LOT SPLIT AND VARIANCE 389 BASED ON THE FOLLOWING FINDINGS OF FACT: 390 1. The proposed subdivision request meets the purpose and intent of the City Code and is 391 consistent with the Comprehensive Plan. 392 2. Front yards for both proposed parcels oriented towards Ridge Place will maintain 393 consistent frontage compared to the dwellings to the east and across the street. 394 3. The impacted slopes over 25% appear to be man-made as part of construction of the 395 existing dwelling and associated landscaping. 396 4. The impacted slopes over 25% are less than the current 33% maximum industry-standard 397 for constructed slopes and do not span a large linear area. 398 AND WITH THE FOLLOWING CONDITIONS: 399 1. Parcel A shall front Ridge Place and be subject to the applicable setback standards. 400 2. A permit is obtained and the existing single family dwelling is demolished prior to the 401 subdivision being recorded by Dakota County. 402 3. Park dedication fee in the amount of $2,700, in lieu of land, is collected after City Council 403 approval and before being recorded by Dakota County or issuance of any additional permits 404 by the City. 405 4. Street reconstruction assessment fee in the amount of $3,900, as part of Project 406 9514/Improvement 96-3, is collected after City Council approval and before being 407 recorded by Dakota County or issuance of any additional permits by the City. 408 5. Connection charges for sanitary sewer and water main shall be paid prior to issuance of a 409 building permit. 410 6. The applicant shall dedicate the following drainage and utility easements on both parcels 411 to be denoted on the Certificate of Survey submitted to Dakota County: 10-foot wide along 412 the front property lines and 5-foot wide along the side and rear property lines. 413 7. The applicant shall submit landscape plans, subject to review and approval by the Planning 414 Department as part of any building permit application. 415 8. The applicant shall submit grading and utility plans and dimensioned site plans with 416 associated easements, subject to review and approval by the Engineering Department as 417 part of any building permit application. 418 9. All grading and construction activity will be in compliance with applicable federal, state, 419 and local regulations and codes, as well as in compliance with the City’s Land Disturbance 420 Guidance Document. 421 10. Future construction on the newly created parcels will be compliant with all applicable City 422 Code provisions. 423 424 AYES: 5 425 NAYS: 0 426 ABSENT: 2 (Costello, Viksnins) 427 428 Chair Field advised the City Council would consider this application at its December 1, 2015 429 meeting. 430 431 PLANNING CASE #2015-43 432 Michael Development 433 Comprehensive Plan Amendment at 2160 Sibley Memorial Highway 434 435 City Planner Nolan Wall explained that the applicant, on behalf of the property owner, is 436 requesting a Comprehensive Plan Amendment to re-guide the property at 2160 Sibley Memorial 437 Highway from Business to Residential use, which would be a higher density than the existing high 438 density residential designation in the City’s current Comprehensive Plan. 439 440 The proposed site is the former Larson’s Garden Center property, which is now vacant. It borders 441 to the north and to the east on the Augusta Shores Development, the Mendota Motel is directly to 442 the south, further south is a series of cul-de-sac streets that border Lemay Lake that contain single-443 family residential dwellings. The property is zoned B-3 General Business, which is the same as 444 the motel property to the south, and is guided for business use in the 2030 Comprehensive Plan. 445 The surrounding properties are zoned and guided for single-family residential uses as well as 446 industrial uses to the west, across Highway 55. 447 448 The applicant is requesting the proposed amendment that would allow redevelopment of the site 449 to construct a 3-story, 64-unit multi-family residential apartment building at a density of 450 approximately 23 units per acre. At this point in time, the City is considering the change of land 451 use from a business use to a potential high-density residential use. 452 453 Redevelopment of the site as a commercial use is believed to be questionable due to the poor access 454 and visibility. A residential use would be in character with the surrounding uses, the motel, and 455 existing vegetation could then provide physical and visual buffer between those single-family 456 residential uses. 457 458 The applicant has indicated that the project would be privately-financed and construction would 459 proceed as soon as all approvals are in place in 2016. The building would have a mix of floor 460 plans and would include amenities such as underground parking, a community room, fitness area, 461 cedar business center, in-unit washer and dryer, and approximately 1.5 acres of green space. 462 463 The density proposed is higher than the City currently allows, which is 8.5 units/acre. If the City 464 desires designating land for a higher density residential use, staff presented two options for 465 discussion by the Planning Commission. 466 467 Option 1 – amend the existing high density residential maximum density amount for the land use 468 category already in place, which is High Density Residential at 8.5 units per acre, up to 25 units 469 per acre and then simply re-guide the current property. 470 471 Option 2 – create a new land-use designation tentatively being referred to as Urban Residential. 472 This would then allow for a designation of 25 units per acre and would, at this time, would just 473 include this property. 474 475 If the amendment were approved by the City Council, and ultimately by the Metropolitan Council, 476 the Code would need to be amended to accommodate the proposed development’s density. 477 Because of the lack of a detailed site plan, staff is unsure how it would fit in with the current R-3 478 zone – which allows for multi-family residential development. If the City moves forward with 479 approving the land use change, further review and consultation with the applicant is necessary to 480 determine the appropriate future approvals. At a minimum, the property would need to be rezoned, 481 which requires a public hearing and future public meetings where more information would be 482 available on how the site would be designed and how it relates to the Code requirements. 483 484 Planner Wall shared images of the parcels involved in this application. 485 486 Staff recommended approval of the Comprehensive Plan Amendment request based on the 487 findings of fact and with conditions. 488 489 Commissioners asked questions regarding the creation of the higher density residential category 490 in other surrounding communities, why the City’s high-density figure is so low, the upcoming 491 review of the Comprehensive Plan and what that entails and what the next steps would be if the 492 City passes this amendment request. 493 494 Mike Swenson, owner of Michael Development, and Link Wilson, project architect, came forward 495 to answer questions and make comments to the Commission about their intentions for this 496 property. 497 498 Chair Field opened the public hearing. 499 500 Tom Hanschen, 2158 Lemay Lake Drive, heard many things but nothing that addressed high-501 density usage. Mendota Heights is a nice, small, quiet community and if it were to allow this type 502 of high-density residential it would lose its identity. 503 504 Kathryn Haight, 2090 Acacia Drive, commented that for fourteen years she has had to deal with 505 the eyesore of the Larson property. It has been brought to the attention of the City and some of 506 the Councilmembers the concerns of trees that block the view, vehicles that have been left on the 507 property, the deterioration of the property and was told that nothing could be done. They’ve also 508 brought the fighting that goes on at the motel forward. For her and her family this seems like a 509 golden opportunity to bring in something that would provide some real class to the area and would 510 be lovely to view. It would be very encouraging to see a nice development on that property. She 511 expressed her desire to see this request pass and continue on in the process. 512 513 Steve Treichel, 2174 Lemay Lake Drive, commented that rezoning the property is fine with him. 514 Something needs to be there rather than the old dilapidated Larson’s Garden Center. However, it 515 seems that this is linking a particular development to the rezoning of that property. There would 516 be 64 units in this high-density apartment and then there are 46 units in Augusta Shores. With the 517 way the apartment is to be constructed with the driveway coming out to Acacia Drive and with 518 very little leeway between Highway 13 would create a significant safety concern for people coming 519 into and leaving Augusta Shores and on Highway 13. 520 521 Gerry Reed, 2050 Acacia Drive, raised his concern about the lack of assurances that these high-522 density luxury apartments staying that way. 523 524 Susan Kopher, 2162 Lemay Lake Drive, asked how the rezoning of this property to 25 units per 525 acre would affect the size of the building and how many floors there may be. 526 527 In response to various comments and concerns raised, Planner Wall reiterated that in terms of the 528 impacts moving forward there could potentially be code amendments necessary to the R-3 zoning 529 code requirements; there could be an entirely new zoning district that might have to be developed 530 or considered, all of which would have impacts as to what the height of the structure could be, 531 there are also height requirements dealing with the airport in this area, all of which would have to 532 be considered. At this point there is not enough information. Based on what the applicant has 533 proposed, a density of up to a maximum of 25 units per acre would allow them to construct a 534 3-story building potentially. 535 536 Chair Field asked for a motion to close the public hearing. 537 538 COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER NOONAN, TO 539 CLOSE THE PUBLIC HEARING. 540 541 AYES: 5 542 NAYS: 0 543 ABSENT: 2 (Costello, Viksnins) 544 545 Commissioner Noonan recommended the re-guiding of the property to allow multi-family 546 residential uses up to 25-units per acre. He would feel comfortable pursuing the second option – 547 creating a unique category called Urban Residential, largely because this is free-standing, 548 undeveloped site; whereas, the other two examples Mr. Wall identified are already developed and 549 would be subject to redevelopment if that is the case under High Density. But it may elicit the 550 discussion as part of the Comprehensive Plan review process. 551 552 COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER HENNES, TO 553 RECOMMEND APPROVAL OF PLANNING CASE 2015-43, COMPREHENSIVE PLAN 554 AMENDMENT TO RE-GUIDE TO 25-UNITS PER ACRE AS URBAN RESIDENTIAL 555 BASED ON THE FOLLOWING FINDINGS OF FACT: 556 1. Commercial development in this area, in compliance with the goals and policies of the 557 City’s 2030 Comprehensive Plan, may not be viable due to access and visibility constraints. 558 2. Residential land use would be in character with other surrounding properties and the 559 existing vegetation and adjacent commercial use can provide a physical and visual buffer 560 between the proposed high-density housing and nearby low-density residential housing. 561 3. The proposed increased density is consistent with surrounding suburban communities and 562 would allow for adequate open space as part of the proposed development. 563 4. The increased density provides for construction of a housing type that is lacking in the City 564 and would help to reach the forecasted population projections. 565 AND WITH THE FOLLOWING CONDITIONS: 566 1. The proposed comprehensive plan amendment is approved by the Metropolitan Council. 567 2. The applicant submits the necessary complete applications in consideration of the proposed 568 concept development plan within twelve (12) months of receiving approval from the 569 Metropolitan Council. 570 3. If the deadline is not met, the current future land use designation for the subject parcels 571 may remain in place. 572 573 Commissioner Roston expressed his belief that it seems to create a lot of busywork to create a new 574 district, and then create what he believes would be a new zoning district when the City is going to 575 be re-doing the Comprehensive Plan anyway. In concept, he very much likes the applicants’ 576 concept and would support it but believes it is unnecessary to create a new comprehensive zoning 577 district. 578 579 Commissioners had further discussions regarding this application, the two option choices 580 presented by staff, the upcoming Comprehensive Plan Review, and the necessary timing 581 mentioned in condition #2. 582 583 AYES: 5 584 NAYS: 0 585 ABSENT: 2 (Costello, Viksnins) 586 587 Chair Field advised the City Council would consider this application at its December 15, 2015 588 meeting. 589 590 Verbal Review 591 592 Planner Wall gave the following verbal review: 593 594 PLANNING CASE #2015-38 595 Spectrum Sign Systems, on behalf of Robert Lindahl/Crosswind, LLC and Prime Therapeutics, 596 LLC, 1440 Northland Drive. 597 Variance Request 598 • Approved by the City Council as recommended by the Planning Commission 599 600 Announcements 601 602 • Planner Wall expressed his appreciation to the members of the Planning Commission who 603 participated in the workshop with the City Council regarding the Industrial District 604 Redevelopment Plan. This will be brought forward for Council review at the December 15, 605 2015 meeting. 606 • Per request by the Chair, Planner Wall reviewed the Comprehensive Plan Review timeline. 607 • The December 22, 2015 Planning Commission meeting may be cancelled if no applications 608 are submitted by the November 30, 2015 deadline. 609 • Public Works Director/City Engineer John Mazzitello noted that other than a few punch 610 list items that will be completed in the spring, the Victoria Road project has been completed 611 for the year. 612 • Mr. Mazzitello also provided an update on the Mendota-Lebanon Hills Greenway 613 pedestrian grade-separated crossing. A recommendation to be made to the County Board 614 on December 1, 2015. County staff will be recommending the eastern alignment. 615 616 Adjournment 617 618 COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER NOONAN, TO 619 ADJOURN THE MEETING AT 8:53 P.M. 620 621 AYES: 5 622 NAYS: 0 623 ABSENT: 2 (Costello, Viksnins) 624 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PARKS AND RECREATION MEETING October 13, 2015 The October meeting of the Mendota Heights Parks and Recreation Commission was held on Tuesday, October, 2015 at Mendota Heights City Hall, 1101 Victoria Curve. Chair Hinderscheid called to order the parks and recreation commission meeting at 6:30 p.m. The following commissioners were present: Chair Hinderschied, Commissioners: Ira Kipp, Stephanie Levine, David Miller, Joel Paper and Student Representatives Joe Quehl and Rachel Farber. Staff present: Recreation Programmer Sloan Wallgren. Approval of Agenda COMMISSIONER LEVINE MADE A MOTION TO APPROVE THE AGENDA; COMMISSIONER PAPER SECONDED THE MOTION. AYES 5: NAYS 0 Approval of Minutes from September 8, 2015 COMMISSIONER PAPER MADE A MOTION TO APPROVE THE MINUTES FROM THE SEPTEMBER 8, 2015 MEETING; COMMISSIONER MILLER SECONDED THE MOTION. AYES 5: NAYS 0 Pollinator-Friendly Resolution Mr. Wallgren presented the commission with the resolution that would be sent to city council next week. The commission discussed the resolution and decided that it was a great idea and very worthwhile. COMMISSIONER MILLER MADE A MOTION FOR THE CITY COUNCIL TO CONCIDER RESOLUTION 2015-79 FOR THE CITY OF MENDOTA HEIGHTS TO BECOME A POLLINATOR-FRIENDLY CITY. AYES 5: NAYS 0 Marie Park Mr. Wallgren informed the commission that the new warming house at Marie Park was almost complete. Staff has received many inquiries and requests from people to use the new pickleball courts at Marie Park, the courts have been very popular. Mr. Wallgren also noted that a new tennis practice board was installed at the tennis courts. The new practice board was very affordable and if it is popular we could install one at the other parks in town that have tennis courts. Dakota County CIP Mr. Wallgren presented the 2016 Dakota County Capital Improvement Plan that would include some additions to the Big Rivers Trail Head located in Mendota Heights along Sibley Memorial Highway on the west side of the city. The plan would include a shelter with restrooms, signage, and drinking water and possibly a covered space with tables. The plan also would expand the parking lot. This project would be funded 50% from the County and 50% from the State of Minnesota. page 11 Off-Leash Dog Area Staff informed the commission that the fence is now installed at the Off-Leash Area and the space is ready for people to use. We will include an article in the November issue of the Heights Highlights letting people know that it is now open and provide them with some of the location and proper rules for use. Par 3 Report Mr. Wallgren presented the golf course report for the month of August. The course is having a great year financially and the course conditions are excellent. Net revenue for the year after August was a profit of $34,404. Commission Comments Commissioner Kipp was glad to see the activities planned for winter. Commissioner Levine thought it was a good meeting and encouraged people to get our and use the parks and trails while we still have this great weather. Commissioner Miller thought that the meeting was positive and was glad to see things being added to our parks. Commissioner Paper was glad to see the golf course doing well and was excited to see the new warming house at Marie Park. Chair Hinderscheid commented that we have added many new things to our parks this year and was happy with the work of the parks commission COMMISSIONER PAPER TOTH A MOTION TO ADJURN THE MEETING. COMMISSIONER MILLER SECONED THE MOTION. AYES 5: NAYS 0 The meeting adjourned at 8:00 p.m. Respectfully Submitted by Sloan Wallgren page 12 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PARKS AND RECREATION MEETING November 10, 2015 The November meeting of the Mendota Heights Parks and Recreation Commission was held on Tuesday, November 10, 2015 at Mendota Heights City Hall, 1101 Victoria Curve. Chair Hinderscheid called to order the parks and recreation commission meeting at 6:30 p.m. The following commissioners were present: Chair Hinderschied, Commissioners: Ira Kipp, Stephanie Levine, Jack Evans and Michael Toth. Staff present: Recreation Programmer Sloan Wallgren. Approval of Agenda Chair Hinderscheid add the Lebanon Hills Greenway to the agenda. COMMISSIONER LEVINE MADE A MOTION TO APPROVE THE AGENDA; COMMISSIONER EVANS SECONDED THE MOTION. AYES 4: NAYS 0 Approval of Minutes from October 13, 2015 COMMISSIONER LEVINE MADE A MOTION TO APPROVE THE MINUTES FROM THE OCTOBER 13, 2015 MEETING; COMMISSIONER EVANS SECONDED THE MOTION. AYES 4: NAYS 0 Announcements Mr. Wallgren congratulated all of the local high school student athletes that were participating in the various state tournaments. Park Dedication Fees Mr. Wallgren explained to the commission that the park dedication fee is currently $2,700 for residential lots and 10% of the assessed value for new commercial and industrial lots. This fee was last increased in 2003 from $1,500 to $2,700. A recent survey of other metro cities shows that the City of Mendota Heights is below the average ($3,911) for park dedication fees of residential lots. The commission discussed the reason and necessity to increase the park dedication fees. COMMISSIONER LEVINE MADE A MOTION FOR THE CITY COUNCIL TO CONSIDER INCREASING THE PARK DEDICATION FEE OF RESIDENTIAL LOTS TO AT LEAST THE METRO AVERAGE OF $3,911. COMMISSIONER EVANS SECONDED THE MOTION. AYES 5: NAYS 0 Pollinator-Friendly City Resolution Mr. Wallgren explained that the commission should develop a plan of action to become a Pollinator-Friendly City, before this resolution is brought forward to the city council. The commission discussed items that they would like to see involved with becoming a Pollinator- page 13 Friendly City. The following list are several things that the city would do to encourage residents to be pollinator-friendly: -Have an educational article in the spring issue of the Heights Highlights. -Work with Green River Greening to plant pollinator-friendly plantings. -Establish a plant sharing program. -Work with the Mendota Heights Garden Club to plant some pollinator-friendly plantings. - Provide information on the city website. Staff will put together a list of the items along with additional information and bring it back to the commission in December. Lebanon Hills Greenway Trail The commission discussed the three options that the county has recommended for the trail crossing at Highway 110. The commission feels that a wide tunnel or over pass would be a safer option than a tunnel. CHAIR HINDERSCHID MADE A MOTION TO SUPPORT OPTION #2 WHICH IS LOCATED CLOSER TO DODD ROAD AND WOULD INCLUDE A WIDE TUNNEL OR OVER PASS. COMMISSIONER LEVINE SECCONDED THE MOTION. AYES 4: NAYES 0: OBSTAINED 1 Par 3 Report Mr. Wallgren presented the golf course report for the month of September. The course has had a great year so far. Net revenue for the year through September was a profit of $38,554. The golf course will close for the season on November 11th. Commission Comments Commissioner Kipp encouraged citizens to participate in the city government activities. Commissioner Levine expressed her sympathy for Jerry Murphy’s family. Commissioner Toth encouraged people to keep an eye out for deer and other animals this fall. Commissioner Evans thought it was a good meeting and thanked everyone. Chair Hinderscheid congratulated all the local athletes on their success this fall, and send his sympathy out to the Murphy family. COMMISSIONER PAPER LEVINE A MOTION TO ADJURN THE MEETING. COMMISSIONER EVANS SECONED THE MOTION. AYES 5: NAYS 0 The meeting adjourned at 8:00 p.m. Respectfully Submitted by Sloan Wallgren page 14 DATE: December 1, 2015 TO: Mayor and City Council FROM: Sloan Wallgren, Recreation Program Coordinator SUBJECT: September Par 3 Update Update The golf course closed for business on November 11th. We had a great year in terms of revenue and programs offered. We are looking at expanding programs such as after school golf clubs in the spring and fall, as well as offering a senior league on Thursday mornings. Staff has applied for several grants that will help us to expand our programming efforts and purchase equipment. Maintenance Update Everything has been removed from the golf course and put in the maintenance build for the winter. We will have all of our equipment services and sharpened during the month of February. We also will have to develop a plan as to how we are going to handle maintenance of the course with the passing of Mr. Jerry Murphy. At this time staff is also looking for used golf carts to purchase ($1,500-$2,000 each), as well as a used sprayer ($8,000-$15,000). Budget Total sales for the month of September were $16,769 and total expenses were $13,379. Total sales for the year through September are $154,933 and expenses are $116,379 resulting in a net profit of $38,554 year to date. page 15 MENDOTA HEIGHTS PAR 3 BUDGET TO ACTUAL REPORT September 2015 (75% OF YEAR) REVENUES SEPTEMBER YTD YTD BUDGET 2015 2015 % GREENS, LEAGUE & TOURN FEES $105,000 $11,726 $97,738 93.08% RECREATION PROGRAMS $35,000 $2,047 $35,866 102.47% CONCESSIONS $21,000 $2,972 $21,195 100.93% SUNDRY REVENUE $0 $25 $134 INTEREST $250 $0 $0 0.00% CAPITAL CONTRIBUTIONS $0 $0 $0 0.00% PAR 3 FUND REVENUE TOTAL $161,250 $16,769 $154,933 96.08% EXPENDITURES SEPTEMBER YTD YTD BUDGET 2015 2015 % CLUBHOUSE SALARIES $30,000 $3,061 $26,187 87.29% ADMINISTRATIVE SALARIES $25,043 $1,951 $19,045 76.05% FICA/PERA $9,854 $894 $7,234 73.41% MEDICAL INSURANCE $7,144 $490 $4,410 61.74% U/E & W/C INSURANCE $1,250 $0 $1,536 122.87% RENTALS $2,500 $127 $2,591 103.63% UTILITIES $10,400 $1,133 $8,054 77.44% PROFESSIONAL FEES - AUDIT $2,500 $0 $2,513 100.53% PROF FEES - CONSULTING FEES $300 $0 $332 110.67% PROF FEES - GROUNDS MGMT $6,000 $1,000 $6,000 100.00% PROF FEES - GROUNDS WAGES $18,000 $1,957 $12,754 70.86% PROF FEES - TREE MAINTENANCE $0 $0 $0 0.00% ADVERTISING/NEWSLETTER $400 $0 $159 39.74% LIABILITY/AUTO INSURANCE $3,300 $0 $3,383 102.50% OPERATING COSTS/SUPPLIES $5,500 $1,025 $6,694 121.71% FUEL $2,500 $131 $1,272 50.89% REPAIRS & MAINTENANCE $16,500 $272 $8,863 53.71% SUNDRY/DUES/MILEAGE/CLOTHING $2,800 $739 $2,314 82.64% CONTINGENCY $0 $0 $0 0.00% ONLINE REG & CREDIT CARD FEES $2,700 $598 $3,037 0.00% PAR 3 EXPENDITURES TOTAL $146,691 $13,379 $116,379 79.34% page 16 MENDOTA HEIGHTS PAR 3 BUDGET TO ACTUAL REPORT September 2014 AND 2015 REVENUES Sept Sept YTD YTD 2014 2015 2014 2015 GREENS, LEAGUE, TOURNAMENT FEES $11,593 $11,726 $77,577 $97,738 RECREATION PROGRAMS $1,691 $2,047 $37,328 $35,866 CONCESSIONS $2,166 $2,972 $16,072 $21,195 SUNDRY REVENUE $0 $25 $113 $134 INTEREST $0 $0 $0 $0 CAPITAL CONTRIBUTIONS $0 $0 $0 $0 PAR 3 FUND REVENUE TOTAL $15,450 $16,769 $131,090 $154,933 EXPENDITURES CLUBHOUSE SALARIES $2,954 $3,061 $21,176 $26,187 ADMINISTRATIVE SALARIES $1,861 $1,951 $18,375 $19,045 FICA/PERA $836 $894 $5,925 $7,234 MEDICAL INSURANCE $490 $490 $4,407 $4,410 U/E & W/C INSURANCE $0 $0 $1,223 $1,536 RENTALS $61 $127 $2,401 $2,591 UTILITIES $1,134 $1,133 $6,970 $8,054 PROFESSIONAL FEES-AUDIT $0 $0 $2,425 $2,513 PROF FEES-CONSULTING FEES $0 $0 $1,520 $332 PROF FEES-GROUNDS MGMT $1,000 $1,000 $6,000 $6,000 PROF FEES-GROUNDS WAGES $2,013 $1,957 $11,855 $12,754 PROF-FEES-TREE MAINTENANCE $0 $0 $0 $0 ADVERTISING/NEWSLETTER $104 $0 $309 $159 LIABILITY/AUTO INSURANCE $0 $0 $3,242 $3,383 OPERATING COSTS/SUPPLIES $1,374 $1,025 $5,324 $6,694 FUEL $262 $131 $1,656 $1,272 REPAIRS & MAINTENANCE $1,804 $272 $8,545 $8,863 SUNDRY/DUES/MILEAGE/CLOTHING $0 $739 $2,284 $2,314 CAPITAL OUTLAY $0 $0 $0 $0 ONLINE REG & CREDIT CARD FEES $455 $598 $2,359 $3,037 CONTINGENCY $0 $0 $1,760 $0 PAR 3 EXPENDITUES TOTAL $14,347 $13,379 $107,756 $116,379 page 17 DATE: December 1, 2015 TO: Mayor, City Council, and City Administrator FROM: Lorri Smith, City Clerk SUBJECT: Renewal of Tobacco Licenses BACKGROUND The following is a list of the current tobacco licensees who have applied for renewal of their licenses. The licenses would be effective January 1 – December 31, 2016. 1) Mendota Heights Amoco, 2030 Dodd Road 2) Mendakota Country Club, 2075 Mendakota Drive 3) Mendota Liquor, 766 Highway 110 4) Northern Tier Retail, LLC d/b/a SuperAmerica #4516, 1200 Mendota Heights Road 5) Northern Tier Retail, LLC d/b/a SuperAmerica #4411, 1080 Highway 110 6) Walgreens #11764, 790 Highway 110 The establishments listed above have each submitted a complete application packet and the $200 license fee. The Police Department has completed a background investigation on all of the applicants and found no issues or concerns. RECOMMENDATION Staff recommends that the City Council approve the tobacco license renewals for the establishments listed above for the period of January 1, 2016 through December 31, 2016. page 18 DATE: December 1, 2015 TO: Mayor, City Council, and City Administrator FROM: John R. Mazzitello, PE, PMP, MBA Public Works Director/City Engineer SUBJECT: Water Tower Agreement for Cell Tower Leasing BACKGROUND At the October 20th meeting, the Mendota Heights City Council approved an Omnibus Agreement with the Board of Water Commissioners for the City of Saint Paul. The new agreement will deed ownership of the water system, including the water tower, to the Saint Paul Regional Water Service (SPRWS). The City of Mendota Heights maintains cellular telephone leases on the water tower, and the attached Lease agreement allows for that practice to continue under the supervision of Mendota Heights. The Lease agreement covers the terms previous agreed to in the Omnibus Agreement, and has been reviewed and commented on by the City’s insurance provider, a League of Minnesota Cities Insurance Trust attorney, and the Mendota Heights City Attorney. All parties are in agreement that the Lease Agreement honors the provisions of the Omnibus Agreement and should be approved as proposed. BUDGET IMPACT Other than the provisions agreed to Omnibus Agreement, the Lease Agreement does not include any further financial obligations on the part of the City. RECOMMENDATION Staff is recommending approval of the proposed Lease Agreement Between Board of Water Commissioners of the City of Saint Paul and the City of Mendota Heights. If Council desires to implement the Staff recommendation, pass a motion approving the attached Lease Agreement Between Board of Water Commissioners of the City of Saint Paul and the City of Mendota Heights by a simple majority vote. page 19 LEASE AGREEMENT Between Board of Water Commissioners of the City of Saint Paul and The City of Mendota Heights This Lease Agreement (“Lease”) is entered into this ____ day of __________________, 2015, between the BOARD OF WATER COMMISSIONERS OF THE CITY OF SAINT PAUL, a Minnesota municipal corporation (“Lessor”), and THE CITY OF MENDOTA HEIGHTS, a Minnesota municipal corporation (“Lessee”). Lessor and Lessee have previously entered into an Omnibus Agreement dated_______________, 2015 (“Omnibus Agreement”) whereby Lessee, in addition to various obligations and agreements, agrees to transfer to Lessor title and ownership of the Lessee’s water tower located at 2431 Lexington Avenue, Mendota Heights, Minnesota; and whereby Lessor, in addition to various obligations and agreements, agrees to lease space on the water tower back to Lessee so that Lessee may maintain its existing antenna site leasing program at that location. In consideration of the terms and conditions of this Lease, the parties agree as follows: 1. Leased Premises. (a) Lessor hereby leases to Lessee certain space located at and on Lessor’s water tower at 2431 Lexington Avenue. The water tower and its appurtenances (together, the “Structure”), are situated within an easement granted to Lessor by Lessee, as required by Article II, Section 7 of the Omnibus Agreement (the “Easement Area”), (b) The interest leased and granted by the Lessor to Lessee (collectively, the “Leased Premises”) consists of the following: (1) Structure exterior for attachment of antennas and appurtenances; (2) Space required for cable runs to connect antennas and appurtenances to ground equipment situated at grade; (3) At-grade space within the dry fluted column of the water tower for storage of property owned by Lessee, amount and location of which to be approved by Lessor. Lessee agrees that at no time shall such property storage adversely affect Lessor’s access to any portion of the Structure (c) No other space or property interests are being leased to Lessee. 2. Term (a) Following execution of this Lease by the authorized parties, the term of this Lease shall commence on the same date the Omnibus Agreement between Lessor and Lessee becomes effective (“Commencement Date”) and shall be effective until terminated by the parties in accordance with this Lease or upon termination of the Omnibus Agreement. 3. Lease Compensation. page 20 (a) Lessee shall make all payments of compensation to Lessor at the following address or until otherwise notified of a change in address: Board of Water Commissioners Attn: SPRWS Accounting 1900 Rice Street, Office Building Saint Paul, Minnesota 55113 (b) Lessor’s FIN number is # 41-6005521. (c) Lessee shall compensate Lessor by paying to it fifty percent (50%) of the total revenues received from any and all sublease activities, which payment shall initially be collected by the Lessor as a part of the Omnibus Agreement, Article III, Section 1, Phase-in Schedule, for the years 2016 through 2021. Thereafter, pursuant to this Lease, Lessee shall pay directly to Lessor fifty percent (50%) of the said total revenues, beginning January 1, 2022, within thirty (30) days of receipt of the same. (d) In the event that a sublease should become suspended, terminated or expired, Lessee shall continue to owe Lessor compensation as if such sublease was still in effect until the date that all such sub-lessee’s facilities are removed from the Leased Premises. 4. Use of Leased Premises. (a) Primary Use of Structure The primary use and purpose of the Structure, including the Leased Premises, is for a water storage structure and appurtenances to provide water service to customers of the Lessor (“Primary Use”). Lessor’s operations in connection with pursuit of the Primary Use (“Lessor’s Operations”) take priority over Lessee’s operations and Lessor reserves the right to take any action it deems necessary, to repair, maintain, alter, or improve the Structure in connection with the Primary Use. (b) Jeopardy of Primary Use (1) In the event that the Lessor’s Primary Use of the Structure is put at risk because of Lessee’s operations (“Jeopardy”), Lessor shall provide written notice of such event to Lessee. Lessor and Lessee agree to work together to cure the occurrence that causes the Jeopardy. Lessee shall make all good efforts to cure the Jeopardy within thirty (30) days of receipt of written notice of event. If Lessee does not cure the Jeopardy within thirty (30) days of receipt of written notice of event, said occurrence of Jeopardy shall constitute an event of default by Lessee, as otherwise defined in Section 20. Termination. If circumstances beyond the control of Lessee prohibit the Jeopardy from reasonably being cured within thirty (30) days, Lessee shall notify Lessor of such circumstances and commence actions required to cure the Jeopardy (e.g. assessing the problem, ordering necessary equipment) within seven (7) days of Lessor’s written notice of Jeopardy and shall diligently pursue the cure to completion within a reasonable time thereafter. page 21 (2) In the event of Jeopardy that poses an immediate threat of substantial harm or damage to the water supply, to persons, and/or property on the Leased Premises, as solely determined by Lessor (“Severe Jeopardy”), Lessor may enter the Easement Area and take actions it determines are required to protect the water, individuals or personal property from such Severe Jeopardy; provided that promptly after such emergency entry onto the Leased Premises, and in no event later than twenty-four (24) hours after such entry, Lessor gives written notice to Lessee of Lessor’s emergency entrance. (3) If Lessor determines that the conditions of a Severe Jeopardy would be benefited by cessation of Lessee’s or its sub-lessees’ operations, Lessee or its sub-lessee shall immediately cease its operations on the Leased Premises upon notice from Lessor to do so and Lessee shall be permitted to terminate this Lease upon written notice to Lessor. (c) Lessee’s Use of Leased Premises (1) Lessee shall have the exclusive right, at its sole cost and expense, to sublet the Leased Premises for the transmission and reception of wireless communications signals (“Approved Use”). In accordance with this Approved Use, the Lessee’s sub-lessees have the right to install, operate, maintain, repair, replace, store or remove its antennas, equipment, personal property, leasehold improvements, and appurtenances for the transmission and reception of wireless communications signals. (2) Lessee shall be responsible for extraordinary expenses incurred by the Lessor resulting from the use and/or occupancy of the Leased Premises by Lessee or its sub- lessees. Lessor shall submit an itemized invoice of such expenses to Lessee and Lessee shall make payment to Lessor within thirty (30) days of receipt. (3) Lessee shall be responsible for all actions, omissions, operations and liabilities of its sub-lessees, including all actions and operations that may be required or prohibited by this Lease. In the event that a sub-lessee acts or operates in a manner which is in violation of any terms or conditions of this Lease, or creates a situation as a result of its actions, omissions or operations which requires remedies as may be specified by this Lease, and rectification of such violations or remedy of such situations is not accomplished within thirty (30) days of written notice to Lessee of such violations or situation, Lessor shall have the right to take any and all actions it deems necessary to rectify such violations or accomplish such remedies, subject to terms and conditions of this Lease. Lessee is responsible for all costs and expenses Lessor incurs as a result of such actions. Lessee shall reimburse Lessor for said costs and expenses within thirty (30) days of receipt of the same. (4) In the event that Lessor chooses not to exercise its right to take said actions, and rectification of such violations or remedy of such situations is not accomplished to Lessor’s satisfaction within sixty (60) days of receipt by the Lessee of written notice of such violation or situation, Lessor may terminate this Lease, subject to Section 20.(a)(1). (d) Additional Leases by Lessor page 22 Lessor agrees not to lease the Leased Premises to any other party and shall refer any such request to the Lessee. 5. Installation of Equipment and Leasehold Improvements. (a) Within thirty (30) days of the Commencement Date of this Lease, Lessee shall provide Lessor with the following: (1) Copies of all leases and any subsequent amendments to such leases, current and expired, on the Structure which Lessee entered into prior to Commencement Date; and (2) A site plan consisting of drawings and diagrams of the existing antenna facilities and any leasehold improvements on the Leased Premises and within the Easement Area, which show the actual location of all equipment, utilities and improvements. Said drawings shall be accompanied by a complete and detailed inventory of existing antenna facilities including all equipment, personal property, and frequencies. Lessee shall provide same site plans and inventory for future installations at least thirty (30) days in advance of the proposed date of installation. All such drawings and diagrams must be provided in a digital format acceptable to Lessor; and (3) A radiation survey of the Leased Premises performed by a professional radio frequency engineer chosen by the Lessor. (b) All new subleases of the Leased Premises and initial installations by Lessee or its sub- lessees’ facilities and leasehold improvements, and any subsequent revisions and/or modifications of the same or existing facilities which are entered into or which occur after the Commencement Date of this Lease, shall be subject to prior written approval by Lessor. Lease shall include all construction drawings and specifications proposed for installation. Lessor shall approve or object to such subleases, installations and improvements within thirty (30) days of receipt of proposals for same, and Lessor’s failure to make any objection within said thirty (30) day period shall be deemed approval by Lessor. Any damage to the Structure, Leased Premises, or any equipment thereon caused by Lessee or its sub-lessees’ use of the Structure shall be repaired or replaced at Lessee’s expense and to Lessor’s reasonable satisfaction. (c) Lessee must obtain an engineering study performed by a qualified engineer, showing that the Structure is able to support proposed facilities. If the study finds that the Structure is inadequate to support the proposed antenna loads, Lessee shall be responsible for any construction required for the improvement of the Structure to accommodate such added load. However, Lessor reserves the right to deny installation of such facilities prior to commencement of any such construction. (d) Lessee must obtain a radio frequency interference study carried out by an independent professional radio frequency engineer (“RF Engineer”) showing that any proposed use will not interfere with Lessor’s existing communications facilities located on the Structure. RF Engineer shall provide said evaluation no later than thirty (30) days after frequencies are provided by Lessee or its sub-lessee. Lessee shall provide Lessor with a copy of a satisfactorily completed RF evaluation prior to its proposed sub-lessee transmitting or receiving radio waves within the Leased Premises. page 23 (e) Lessor shall have the right to install, maintain and operate a Supervisory Control and Data Acquisition (SCADA) radio broadcasting system on the Leased Premises. Lessee agrees to provide the necessary interference studies to insure that proposed modified or additional frequencies will not cause harmful radio interference to Lessor’s system prior to modifying or placing additional transmitter or receiver frequencies on the Leased Premises, or allowing its sub-lessees to do the same. Such studies shall be performed by a registered professional communications engineer and submitted to Lessor for review. However, Lessor, in its sole discretion, shall retain the right provided herein to submit the study results to its own registered professional communications engineer for review at Lessee’s expense. 6. Modifications. (a) Before the Lessee or its sub-lessees update or replace the Antenna Facilities, Lessee must provide a detailed proposal to Lessor. The proposal shall include any information reasonably requested by Lessor of such requested update or replacement, including but not limited to construction drawings, specifications, and a complete list of all proposed equipment and frequencies as may be required under Section 5. Installation of Equipment and Leasehold Improvements of this Lease, without expense to Lessor. The proposal must be approved by Lessor, which shall not be withheld, conditioned or delayed without cause. (b) Lessee shall provide at least sixty (60) days written notice to Lessor before any frequencies may be modified. Said notice shall describe all equipment and frequencies proposed to be added or modified and shall be subject to review and approval by the RF Engineer, which shall not be withheld, conditioned or delayed without cause. Said review shall consist of interference studies to ensure that the modified or additional frequencies will not cause harmful radio interference to Lessor’s Operations. All such interference studies shall be provided at no expense to Lessor. In the alternative, Lessee may perform the interference studies and submit the results to the Lessor for review and approval. However, Lessor shall, in its sole discretion, retain the right provided herein to submit the study results to the RF Engineer for review at Lessee’s sole expense. (c) If Lessee or its sub-lessees seek to increase the number of antennas and/or associated transmitting accessories, and such installation shall exceed the requirements or standard submitted in the engineering report as required by Section 5.(c), then Lessee must obtain an engineering study carried out by a qualified professional demonstrating that the Structure can structurally support the additional accessories. 7. Marking and Lighting Requirements. (a) Lessor acknowledges that it shall be responsible, at its sole cost and expense, for compliance with all building marking and lighting requirements that the Federal Aviation Administration (“FAA”) may require with respect solely to the height of the Structure. The responsibility, however, is expressly limited to the requirements that would be required of an elevated water storage facility having no communications equipment installed on it, irrespective of Lessee’s Approved Use. Lessor shall indemnify and hold harmless Lessee from any fines or other liabilities caused by Lessor’s failure to comply with such requirements for an elevated water storage facility structure. Further, should page 24 the FAA cite Lessor, or in the event any claims are brought against Lessor because the Structure alone is not in compliance, as opposed to the Structure with antenna facilities, then Lessor shall indemnify Lessee for full costs, liabilities, damages and expenses, including reasonable attorney’s fees. Further, if Lessor does not cure the conditions of noncompliance on the Structure within the timeframe allowed by the citing agency, Lessee may terminate this Lease immediately without any further liability hereunder upon written notice to Lessor. (b) Lessee acknowledges that it shall be responsible at its sole cost and expense, for compliance with all building marking and lighting requirements that the FAA may require with respect to Lessee’s Approved Use. In the event the FAA determines that the Structure must be additionally marked, lighted, or in any way modified, due to Approved Use, Lessee shall have the option to mark, light or modify the Structure at its sole expense, or to terminate this Lease, pursuant to Section 20. Termination. Said marking, lighting and modifying shall be subject to prior written approval by Lessor. Lessor shall approve or object to such plans within a reasonable period of time to allow timely compliance with FAA regulations. 8. RF Radiation Compliance. (a) An RF Engineer chosen by the Lessor shall perform a radiation survey of the Leased Premises within thirty (30) days of full integration of any future facilities. Lessee shall be responsible for all costs of such survey. (b) Lessee shall be responsible for the implementation of all measures at the transmission site required by Federal Communications Commission (“FCC”) regulations, including but not limited to posting signs and markings. Lessor shall cooperate with and permit Lessee and its sub-lessees to implement all reasonable measures in order for Lessee and its sub- lessees to fulfill its Radio Frequency exposure obligations. Future subleases must require the sub-lessee to assume all liability for later-arising non-compliance of FCC Radio Frequency radiation limits, as measured on the Leased Premises. 9. Maintenance and Repairs. (a) Structure Lessor reserves the right to take any action it deems necessary, in its sole and reasonable discretion, to repair, maintain, alter, or improve the Structure in connection with Lessor's Operations. (b) Structure Reconditioning and Repairs (1) From time to time, Lessor paints, reconditions, or otherwise improves or repairs the Structure in a substantial way (“Reconditioning Work”). Lessor shall reasonably cooperate with Lessee and its sub-lessees to carry out Reconditioning Work activities in a timely manner and in a manner that minimizes interference with Lessee’s Approved Use. (2) Prior to commencing Reconditioning Work, Lessor shall provide Lessee with not less than sixty (60) days prior written notice thereof. Upon receiving such notice, it shall page 25 be the sole responsibility of Lessee to provide adequate measures to cover or otherwise protect Lessee’s and its sub-lessees’ antenna facilities from the consequences of such activities, including but not limited to paint and debris fallout. Lessor reserves the right to require Lessee to remove all antenna facilities from the Structure and Leased Premises during Reconditioning Work. (3) During Lessor’s Reconditioning Work, Lessee may maintain a mobile site within the Easement Area to accommodate the needs of its sub-lessees. If proposed accommodations adversely affect Lessor’s easement rights or the Reconditioning Work, such accommodations must be approved by Lessor prior to its implementation which shall not be withheld, conditioned or delayed without cause. (4) Lessee may request a modification of Lessor’s procedures for carrying out Reconditioning Work in order to reduce the interference with Lessee’s Approved Use. If Lessor agrees to the modification, Lessee shall be responsible for all incremental cost related to the modification. (5) For minor repairs or maintenance, Lessor agrees to provide Lessee with five (5) days advance notice of any such activities and to reasonably cooperate with Lessee to carry out such activities in a manner that minimizes interference with Lessee’s Approved Use. (c) Leased Premises Lessee shall require its sub-lessees to maintain their respective antenna facilities in good and safe condition, and in compliance with applicable fire, health, building, and other life safety codes at their own cost and expense. 10. Leased Premises Access. Access to the Leased Premises, by outside persons, including Lessee’s employees, agents, sublessees and assigns, shall at all times be governed by Lessor’s Security Plan, attached hereto and incorporated herein as Exhibit “A”, Security Plan. Lessee agrees it shall conduct its operations on the Leased Premises in accordance with all requirements and conditions of said Security Plan. Subject to said requirements and conditions of said Security Plan, Lessee and Lessor agree to the following: (a) Lessee may, at its own cost and expense, enter upon the Leased Premises to study and determine its suitability for any other use of Lessee, which studies may include surveys, radio wave propagation measurements, or field strength tests. (b) Lessor retains the right to examine and inspect the Leased Premises for safety reasons and to ensure Lessee’s compliance with the terms of this Lease. Lessor shall be liable for, and hold harmless Lessee from, any damage to the Leased Premises or to Lessee’s equipment and Antenna Facilities caused by Lessor in exercising its right to examine and inspect the Leased Premises. 11. Compliance and Statutes, Regulations, and Approvals. (a) Lessee’s and its sub-lessees’ use of the Leased Premises herein is contingent upon obtaining all certificates, permits, zoning, and other approvals that may be required by page 26 any federal, state or local authority, including but not limited to an engineering study and a radio frequency interference study. (b) Lessee’s Antenna Facilities and any other facilities shall be installed, maintained, and operated in accordance with all state, federal, local, or municipal statutes, ordinances, rules, or regulations now in effect, or that hereafter may be issued by the FCC or any other governing bodies which apply to Lessee’s Authorized Use of the Leased Premises. 12. Interference. a) In the performance of its Approved Use, Lessee shall not damage or interfere with Lessor’s Operations, including its radio frequency transmissions, provided that the equipment used by Lessor is operating within the technical parameters specified by its manufacturer and/or as defined by the FCC. In the event of any such interference, Lessee shall immediately cause the interference to cease, except for brief tests necessary for the elimination of the interference and until Lessee is able to resolve the problem. In the event Lessee cannot correct the interference, Lessee shall have the option to terminate this Lease, pursuant to Section 20. Termination. b) Lessor in no way guarantees to Lessee noninterference with Lessee’s transmission or subleasing operations. 13. Insurance. (a) Lessee shall maintain standard insurance coverage with the League of Minnesota Cities Insurance Trust or equivalent coverage from an insurance company licensed to operate in Minnesota in accordance with this section. The Lessee shall be covered under such insurance programs from claims for damages and bodily injuries, including accidental death, as well as from claims for damage to property including property owned by Lessor, which may arise from operations incidental to this Lease, including coverage for damage to structures of any kind or underground structure of any kind, whether such operations be by Lessee or its sub-lessees, or by any contractor or subcontractor or by anyone directly or indirectly employed by any of them. The minimum amount of such coverage shall be the maximum liability limits set forth in Minnesota Statutes, section 466.04 as amended. Lessee agrees to add Lessor and its employees, officers and agents as additional insureds on Lessee’s general liability coverage. (b) Lessee shall require that Sub-lessees obtain and maintain the following insurance to protect the parties against any and all claims, demands, actions, judgments, expenses, and liabilities that may arise out of or result from its use of the Leased Premises: (1) General Liability Insurance a. Bodily Injury $1,500,000 each occurrence $3,000,000 aggregate b. Property Insurance $1,500,000 each accident $3,000,000 aggregate c. These limits may be satisfied by the commercial General Liability coverage or in combinations with an umbrella or excess liability policy, provided coverage page 27 afforded by the umbrella or excess policy are no less than the underlying commercial General Liability coverage. d. Policy must include an “all services, products, or completed operations” endorsement. Sub-lessee shall maintain completed operations coverage for a minimum of two years after the construction is completed. (2) Automobile Insurance a. Bodily Injury $1,000,000 per person $1,500,000 per accident b. Property damage not less than $1,500,000 per accident. c. The liability limits may be afforded under the Commercial Policy, or in combination with an umbrella or excess liability policy provided coverage of rides afforded by the umbrella or excess policy are not less than the underlying Commercial Auto Liability coverage. d. The Commercial Automobile Policy shall include at least statutory personal injury protection, uninsured motorists and under insured coverage. e. Coverage shall be provided by Bodily Injury and Property Damage for the ownership, use, maintenance or operation of all owned, non-owned and hired automobiles. (3) Workers Compensation and Employer’s Liability a. Worker’s Compensation per Minnesota Statute b. Employer’s Liability shall have minimum limits of: 1. $500,000 per accident; 2. $500,000 per employee 3. $500,000 per disease policy limit c. Sub-lessees with 10 or fewer employees who do not have Workers Compensation coverage are required to provide a completed “Certificate of Compliance” (State of Minnesota form MN LIC 04) verifying the number of employees and the reason for their exemption. (c) Prior to the commencement date of any subleases, and annually thereafter prior to expiration date of the same, Lessee shall require its sub-lessees to provide Lessor with evidence of the required insurance in the form of a Certificate of Insurance (“COI”) issued by an insurance company (rated A- or better by Best Insurance Guide) licensed to do business in the State of Minnesota, which shall include all coverage required in Section 13. (b) above. COI must be approved by the Lessor and shall: (1) State that the insurance provides primary coverage (2) Provide that Lessor shall be given notice of cancellation in accordance with the policy’s terms and conditions. (3) State if the policy includes errors and omissions coverage. (4) State that the Lessor and the City of Saint Paul, and their officials, employees, agents page 28 and representatives are Additional Insureds under General Liability and Automobile coverage. (d) Policies are to be written on an occurrence basis or as acceptable to the Lessor. (e) Satisfaction of policy and endorsement requirements for General Liability and Auto Insurance, of “each occurrence” and “aggregate” limits, can be met with an umbrella or excess policy with the same minimum monetary limits written on an occurrence basis, providing it is written by the same insurance carrier. 14. Indemnity. Lessee agrees to indemnify, defend, save, and hold harmless Lessor and the City of Saint Paul, and/or any agents, officers or employees thereof from all claims, demands, actions, or causes of action of whatsoever nature or character, arising out of, or by reason of, the leasing of the Leased Premises by the Lessor to Lessee, or arising out of, or by reason of, the use or condition of the Leased Premises, or as a result of Lessee’s operations or business activities taking place on the Leased Premises or Lessee’s breach of any provision of this Lease, provided the same is not due to the contributory negligence or willful misconduct of the Lessor, the City of Saint Paul and/or any agents, contractors, officers, or employees thereof. It is fully understood and agreed that Lessee is aware of the conditions of the Leased Premises and leases the same “as is.” 15. Notices. All notices, requests, demands, and other communications hereunder shall be in writing and shall be deemed to have been duly given (a) when delivered in person, (b) upon receipt after dispatch by registered or certified mail or (c) on the next Business Day if transmitted by national overnight courier (with confirmation of delivery) to the following addresses: If to Lessor: Board of Water Commissioners Attn: General Manager 1900 Rice Street, Office Building Saint Paul, Minnesota 55113 If to Lessee, to: Mendota Heights City Administrator 1101 Victoria Curve Mendota Heights, MN 55118 16. Representations and Warranties. (a) Lessor represents that (i) it has full right, power, and authority to execute this Lease; (ii) it has good and unencumbered title to the Structure free and clear of any liens or mortgages, subject to such liens of record; (iii) Lessee shall have quiet enjoyment of the Leased Premises during the term of this Lease in accordance with its terms. (b) Lessee warrants that the individuals signing and executing this Lease on behalf of Lessee have the requisite corporate power and authority to enter into and perform this Lease on behalf of Lessee. Lessor warrants that the individuals signing and executing this Lease on behalf of Lessor have the requisite corporate power and authority to enter into and page 29 perform this Lease on behalf of Lessor. (c) Lessor represents that it has no knowledge of any substance, chemical or waste within the Easement Area that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation, as defined in Section 16.(d) of this Lease. Lessor shall be solely liable for and shall defend, indemnify and hold Lessee, its agents and employees harmless from and against any and all direct claims, costs and liabilities, including reasonable attorneys’ fees and costs, arising out of or in connection with the removal, cleanup or restoration of the Easement Area with respect to hazardous, toxic or dangerous materials from any and all sources other than those hazardous, toxic or dangerous materials introduced to the Easement Area by Lessee. Lessee represents and warrants that its use of the Leased Premises herein shall not generate and it shall not store or dispose within the Easement Area nor transport to or over the Easement Area any hazardous substance, chemical or waste contrary to any applicable law or regulation. Lessee further agrees to hold Lessor harmless from and indemnify Lessor against any release of any such hazardous substance, and any damage, loss, expense, or liability resulting from the breach of this representation or from the violation of any applicable state or federal law by such release associated with Lessee’s use of hazardous substances, including payment of all reasonable attorneys’ fees, costs, and penalties incurred as a result thereof, except for any release caused by the negligence or willful misconduct of Lessor, its employees, or agents. (d) “Hazardous substance” shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state, or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations, or rules may be amended from time to time. 17. No Liability on Lessor. Except due to Lessor’s willful misconduct or negligence, Lessor shall not be liable for any damage to Lessee’s or its sub-lessees’ equipment or antenna facilities. Lessor shall not be liable for vandalism or malicious mischief caused by third parties, known or unknown, to Lessee's or its sub-lessees’ equipment or facilities, nor shall Lessor be liable for any lost revenue, business or profits of Lessee or its sub-lessees. 18. Assignment. Lessee may not assign or sublet this Lease without the prior written consent of Lessor. 19. Successors and Assigns. This Lease shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns. 20. Termination. (a) Except as provided for in Section 20.(a)(3)b. below, or as otherwise provided herein, this Lease may be terminated by either party upon sixty (60) days written notice to the other party for the following reasons: page 30 (1) By either party, upon a material default of any other covenant or term hereof by the other party; which default is not cured within sixty (60) days of receipt of written notice of default to the other party (without, however, limiting any other rights of the parties at law, in equity, or pursuant to any other provisions hereof), or if such cure cannot be completed within sixty (60) days, within such reasonable time as may be required, provided the defaulting party commences the cure within ten (10) days of receipt of written notice of default and diligently pursues such cure to completion; (2) By Lessee, in the event that: a. Lessee is unable to obtain or maintain any license, permit, or other governmental approval necessary for Lessee’s Approved Use; b. The Leased Premises are or become unusable under Lessee’s design or engineering specifications for its Approved Use; c. Lessee’s or any of its sub-lessees’ transmissions are interfered with by Lessor. Such right to terminate shall become void if Lessor cures such interference within thirty (30) days of receipt of written notice; or d. The Structure or any portion thereof is destroyed or damaged so as to hinder its effective use, upon thirty (30) days written notice to Lessor. In such event, all rights and obligations of the parties shall cease as of the date of the damage or destruction and Lessee shall be entitled to the reimbursement of any Compensation prepaid by Lessee, prorated to the date of the event. (3) By Lessor, in the event that: a. Lessor determines, after review by an independent structural engineer, that the Structure is structurally unsound, including but not limited to consideration of age of the Structure, damage or destruction of all or part of the Structure from any source, or factors relating to condition of the Structure; b. Lessee fails to pay the compensation provided for in Section 3. Lease Compensation within thirty (30) days of receipt of written notice from Lessor of a payment being overdue; or c. Upon one year prior written notice by the Lessor to Lessee if Lessor decides, for any reason, to redevelop and/or discontinue use of the Leased Premises in a manner inconsistent with continued use of the Leased Premises by Lessee. (b) If this Lease is terminated, pursuant to the terms and conditions of Section 20.(a), Compensation shall be pro-rated to the expiration date or the date on which all of communication equipment is removed from the Leased Premises, whichever is later. (c) In the event Lessee becomes aware of any hazardous materials within the Easement Area, or any environmental, health or safety conditions or matter relating to the Easement Area, that, in Lessee’s sole determination, renders the condition of the Leased Premises unsuitable for Lessee’s use, or if Lessee believes that the leasing or continued leasing of the Leased Premises would expose Lessee to undue risks of liability to a government agency or third party, Lessee shall have the right, in addition to any other rights it may have at law or in equity, to terminate this Lease upon written notice to Lessor specifically identifying all such materials, conditions or matters relating to the Easement Area. 21. Surrender of Leased Premises. page 31 (a) In the event that this Lease is terminated, Lessee shall have sixty (60) days from the termination to quit peacefully and surrender possession of the Leased Premises in as good condition as when it was delivered to Lessee, reasonable wear and tear and casualty loss excepted. Lessee shall require the removal of its sub-lessees’ equipment, personal property, Antenna Facilities, and leasehold improvements from the Structure, and shall repair any damage to the Structure caused by such equipment, all at Lessee’s own cost and expense. (b) In the event Lessee’s sub-lessees’ equipment, personal property, antenna facilities, and leasehold improvements are not removed to the reasonable satisfaction of the Lessor within sixty (60) days from the termination, the Lessor shall have the option to fully decommission the Antenna Facilities, have the Antenna Facilities removed, and repair and restore the Structure, and Lessee shall be responsible for the cost of such actions. 22. Miscellaneous. (a) Each party agrees to furnish to the other, within thirty (30) days after notice of receipt of the request, such truthful estoppel information as the other party may reasonably request. (b) This Lease constitutes the entire agreement and understanding of the parties and supersedes any and all offers, negotiations, or other agreements of any kind. There are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this Lease must be in writing and executed by both parties. No provision of this Lease shall be deemed waived by either party unless expressly waived in writing by the waiving party. No waiver shall be implied by delay or any other act or omission of either party. No waiver by either party of any provisions of this Lease shall be deemed a waiver of such provision with respect to any subsequent matter relating to such provision. This Lease may be executed in multiple counterparts, each of which shall be deemed an original, but all of which together shall constitute a single instrument. (c) This Lease shall be construed in accordance with the laws of the State of Minnesota. Any legal action may only be commenced and proceed in the relevant district court in Ramsey County, Saint Paul, Minnesota. (d) If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. (e) Any terms and conditions contained in this Lease that by their sense and context are intended to survive the termination or expiration of this Lease shall so survive. (f) The submission of this Lease to any party for examination or consideration does not constitute an offer, reservation of or option for the Leased Premises based on the terms set forth herein. This Lease shall become effective as a binding Lease only upon the handwritten legal execution and delivery hereof by Lessor and Lessee. -- The remainder of this page left intentionally blank -- page 32 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates listed below. Approved as to form: BOARD OF WATER COMMISSIONERS OF THE CITY OF SAINT PAUL By: By: Stephen P. Schneider, General Manager Saint Paul Regional Water Services Matt Anfang, President Date: Date: By: By: Lisa Veith Assistant City Attorney Mollie Gagnelius Secretary Date: Date: By: Todd Hurley Director, Office of Financial Services Date: Approved as to form: CITY OF MENDOTA HEIGHTS By: By: City Attorney Sandra Krebsbach Mayor, City of Mendota Heights Date: Date: By: Mark McNeill City Administrator, City of Mendota Heights Date: page 33 EXHIBIT “A” SECURITY PLAN Remote Facilities Access Saint Paul Regional Water Services (SPRWS) Standard Operating Procedure (SOP) Effective Date: November 15, 2010 INTENT: SPRWS is dedicated to providing its employees with the safest work environment possible and to taking every reasonable precaution to ensure the safety of potable water delivered to our communities. This SOP provides conditions for persons with need to access SPRWS facilities outside the McCarrons Center facilities (Remote Facilities). It establishes procedures for access and responsibilities for both those wishing to enter remote facilities and those allowing such access. SECURITY OF FACILITIES: Persons with routine access to remote facilities include SPRWS staff, agents of entities leasing space, agents of various cities, and various law enforcement personnel. Other entities also have occasional access needs under the supervision of SPRWS staff. With so many persons having legitimate access needs, it is imperative that specific procedures be established to ensure that the highest level of security possible. As a result, the following procedures are established: 1.0 SITE ACCESS REQUIREMENTS 1.01 Request to access site required prior to entry. Important: note that the police will be called to the site if a call is not made to SPRWS prior to entry. Note: all requests for entry to remote sites must be made through the Engine Room! Any other employee asked to allow entry to a remote site must inform the requester to call the Engine Room so that they can be cleared for entry. a) Routine and regularly scheduled Whenever possible, authorized agencies that require repeated, routine access should schedule such access during normal business hours at least one day in advance by calling SPRWS Engine Room at 651-266-1660. The Engine Room Pumping Engineer will record the name of the agent and arrange for crew to meet agent on site and allow for access after checking for proper ID. Pumping Engineer will verify that agents requesting access are those that arranged for the access previously, and pass the authorized agents names to the field crew for verification in the field. If access is allowed, field crew will notify Engine Room that an entry to a site will occur. EXHIBIT “A” Page 1 of 5 page 34 b) Emergencies 1. Contact Engine Room [651-266-1660]. 2. Engine Room Pumping Engineer (PE II) will check against a list of authorized companies for each site to ensure that a particular company has reason to be on site. 3. If company is authorized, PE II will make arrangements with the Distribution after-hours Turn-On truck to allow for access at the site. 4. Distribution personnel will be responsible to verify the identity of the agent(s) and to monitor agent(s’) activity at the site. 5. Under certain conditions, Distribution personnel may not be available, in which case PE IIs will use their best judgment to determine if there is another way to grant access to the agent, or to deny or delay access. 1.02 While at site: a) Authorized agents are required to perform their necessary work on the site in a manner that does not compromise site security. This includes, but is not limited to, securing all doors and gates before leaving the site. b) SPRWS employees will determine whether or not they will need to monitor the activity at the site. If SPRWS employee believes that the agent is not there for a legitimate business reason, the employee should get to a safe area and call 911 to have police confront the agent and remove them if necessary. In this event, SPRWS employee should also call the Engine Room to inform them of the proceedings. 1.03 Leaving site: a) Authorized agents must notify Engine Room [651-266-1660] when leaving the site. 2.0 IDENTIFICATION PROCEDURES 2.01 All SPRWS staff and personnel are issued a SPRWS photo identification card (ID card) at the McCarrons facility. This ID is to be displayed above the waist. Anyone purporting to be a SPRWS employee should be asked to display this ID card if it is not visible. EXHIBIT “A” Page 2 of 5 page 35 2.02 Contractors or agents seeking entrance to a remote facility are required to show a valid driver’s license. SPRWS employee allowing them access will forward the name and phone number of the entrant to the Engine Room to confirm that access should be granted. 3.0 FACILITY LOCKS 3.01 All Remote Facilities will be secured with high-security locks utilizing high-security keys. a) Locks will be furnished and installed by SPRWS. b) No other locks are permitted, and all such other locks will be removed and disposed of. c) SPRWS may make some exceptions in cases where, for the convenience of SPRWS staff, contractor locks will be allowed to be “daisy-chained” onto a SPRWS facility. These exceptions will be on a case by case basis, and the decision to allow this will be made by SPRWS security officer. d) For sites that are undergoing construction, SPRWS will install construction locks and give contractors construction keys. 3.02 Issuance of Keys a) SPRWS staff that require access, as determined by the appropriate SPRWS division manager, will be issued keys. Such keys will be reduced to the lowest possible number. 1. SPRWS staff are responsible for the safe keeping of keys issued to them. 2. Repeated lost keys will be considered negligence and may result in corrective action and/or discipline by SPRWS management. b) Key audits will be conducted at least once each calendar year. 1. Each SPRWS staff member, and each Authorized Agent, to whom SPRWS keys were issued will be required to sign a key Audit Statement acknowledging their continued possession of the key. 2. Both Public and Private Agencies are responsible for the return of all keys and/or contractor keys issued to their agents who leave their employ or are no longer required by the Authorized Agency to access SPRWS facilities. EXHIBIT “A” Page 3 of 5 page 36 3. Lost keys must be reported immediately to SPRWS by contacting the Engine Room at 651-266-1660. 4. Repeated losses may result in deposit requirements, as may be determined necessary by SPRWS staff. 4.0 SPRWS CONTACTS Normal and emergency access after normal business hours: PE II [651-266-1660]. CONTRACTOR PROCEDURES FOR ENTERING SPRWS WATER TOWER FACILITIES Routine Accesses: 1) Notify SPRWS Pumping Engineer at 651-266-1660 of desired access at least 24 hours prior to accessing site. Pumping Engineer will verify that company has agreement to be on site, and if so will arrange for crew to meet contractor at designated time and place. Contractor must provide names of all employees that will access the site. 2) At time of arranged access, provide IDs (in the form of valid driver’s licenses) for SPRWS field crew. If IDs match the names given to the Pumping Engineer, crew will provide access. If not, no access will be provided. 3) SPRWS field crew may accompany contractor while they are on site. If the crew does not accompany contractor, contractor must call the Pumping Engineer when they leave the site. Emergency Accesses: 1) Notify SPRWS Engine Room at 651-266-1660 of need to access site. 2) Engine Room Pumping Engineer will verify that contractor has an agreement to be on a particular site. 3) If contractor has agreement to be on site, and a reasonable explanation of the emergency is given, Pumping Engineer will arrange for a crew to meet contractor at the site. EXHIBIT “A” Page 4 of 5 page 37 4) Contractor will need to produce IDs and work orders. 5) If OK, crew will allow for access. 6) Repeated emergencies will be cause for SPRWS to bill the contractor or deny access. 7) Contractor will call Engine Room when leaving site. - End - EXHIBIT “A” Page 5 of 5 page 38 DATE: December 1, 2015 TO: Mayor, City Council, and City Administrator FROM: John R. Mazzitello, PE, PMP, MBA Public Works Director/City Engineer SUBJECT: Master Partnership Contract with the Minnesota Department of Transportation BACKGROUND The City of Mendota Heights has a number of transportation facilities traversing the City that are the property of the Minnesota State Department of Transportation (MnDOT). The City has our own street network and utility lines that cross these state facilities at multiple locations From time to time it becomes necessary to execute work orders on these facilities in a cooperative arrangement between the City and MnDOT. The attached Master Partnership Contract would allow for the City and MnDOT to execute work order on each other’s behalf without having to execute separate agreements for each individual work order. The City has had similar agreements with MnDOT in the past, and has fostered an excellent working relationship between the two agencies. This Master Partnership Contract continues that relationship and allows for work to be executed as efficiently as possible. BUDGET IMPACT Only work orders issues to MnDOT would be paid for by the City of Mendota Heights. Any work orders issued would be within established budgetary limits RECOMMENDATION Staff is recommending approval of the proposed Master Partnership Contract between MnDOT and the City of Mendota Heights. If Council desires to implement the Staff recommendation, pass a motion approving the attached State of Minnesota and City of Mendota Heights Master Partnership Contract by a simple majority vote. page 39 STATE OF MINNESOTA AND CITY OF MENDOTA HEIGHTS MASTER PARTNERSHIP CONTRACT This master contract is between the State of Minnesota, acting through its Commissioner of Transportation hereinafter referred to as the “State” and the City of Mendota Heights, acting through its City Council, hereinafter referred to as the “Local Government." Recitals 1. The parties are authorized to enter into this agreement pursuant to Minnesota Statutes. §§15.061, 471.59 and 174.02. 2. Minn. Stat. § 161.20, subd. 2, authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. 3. Each party to this Contract is a “road authority” as defined by Minn. Stat. §160.02, subd. 25. 4. Minn. Stat. § 161.39, subd. 1, authorizes a road authority to perform work for another road authority. Such work may include providing technical and engineering advice, assistance and supervision, surveying, preparing plans for the construction or reconstruction of roadways, and performing roadway maintenance. 5. Minn. Stat. §174.02, subd. 6, authorizes the Commissioner of Transportation to enter into agreements with other governmental entities for research and experimentation; for sharing facilities, equipment, staff, data, or other means of providing transportation-related services; or for other cooperative programs that promote efficiencies in providing governmental services, or that further development of innovation in transportation for the benefit of the citizens of Minnesota. 6. Each party wishes to occasionally procure services from the other party, which the parties agree will enhance the efficiency of delivering governmental services at all levels. This Master Partnership Contract provides a framework for the efficient handling of such requests. This Master Partnership Contract contains terms generally governing the relationship between the parties hereto. When specific services are requested, the parties will (unless otherwise specified herein) enter into a “Work Order” contracts. 7. Subsequent to the execution of this Master Partnership Contract, the parties may (but are not required to) enter into “Work Order” contracts. These Work Orders will specify the work to be done, timelines for completion, and compensation to be paid for the specific work. 8. The parties are entering into this Master Partnership Contract to establish terms that will govern all of the Work Orders subsequently issued under the authority of this Contract. Master Contract 1. Term of Master Contract; Use of Work Order Contracts; Survival of Terms 1.1. Effective Date: This contract will be effective on the date last signed by the Local Government, and all State officials as required under Minn. Stat. § 16C.05, subd. 2. 1.2. A party must not accept work under this Contract until it is fully executed. 1.3. Expiration Date. This Contract will expire on June 30, 2017. page 40 1.4. Work Order Contracts. A work order contract must be negotiated and executed (by both the State and the Local Government) for each particular engagement, except for Technical Services provided by the State to the Local Government as specified in Article 2. The work order contract must specify the detailed scope of work and deliverables for that engagement. A party must not begin work under a work order until such work order is fully executed. The terms of this Master Partnership Contract will apply to all work orders issued hereunder, unless specifically varied in the work order. The Local Government understands that this Master Contract is not a guarantee of any payments or work order assignments, and that payments will only be issued for work actually performed under fully-executed work orders. 1.5. Survival of Terms. The following clauses survive the expiration or cancellation of this master contract and all work order contracts: 12. Liability; 13. State Audits; 14. Government Data Practices and Intellectual Property; 17. Publicity; 18. Governing Law, Jurisdiction, and Venue; and 22. Data Disclosure. All terms of this Master Contract will survive with respect to any Work Order issued prior to the expiration date of the Master Contract. 1.6. Sample Work Order. A sample work order contract is available upon request from the State. 2. Technical Services 2.1. Technical Services include repetitive low-cost services routinely performed by the State for the Local Government. These services may be performed by the State for the Local Government without the execution of a work order, as these services are provided in accordance with standardized practices and processes and do not require a detailed scope of work. Technical services are limited to the following services: 2.1.1. Pavement Striping, Sign and Signal Repair, Bridge Load Ratings, Bridge and Structure Inspections, Minor Bridge Maintenance, Minor Road Maintenance (such as guard rail repair and sign knockdown repair), Pavement Condition Data, Materials Testing and Carcass Removal. 2.1.2. Every other service not falling under the services listed in 2.1.1 will require a Work Order contract. 2.2. The Local Government may request the State to perform Technical Services in an informal manner, such as by the use of email, a purchase order, or by delivering materials to a State lab and requesting testing. A request may be made via telephone, but will not be considered accepted unless acknowledged in writing by the State. 2.3. The State will promptly inform the Local Government if the State will be unable to perform the requested Technical Services. Otherwise, the State will perform the Technical Services in accordance with the State’s normal processes and practices, including scheduling practices taking into account the availability of State staff and equipment. 2.4. Payment Basis. Unless otherwise agreed to by the parties prior to performance of the services, the State will charge the Local Government the State’s then-current rate for performing the Technical Services. The then-current rate may include the State’s normal and customary labor additives. The State will invoice the Local Government upon completion of the services, or at regular intervals not more than once monthly as agreed upon by the parties. The invoice will provide a summary of the Technical Services provided by the State during the invoice period. 3. Services Requiring A Work Order Contract 3.1. Work Order Contracts: A party may request the other party to perform any of the following services under individual work order contracts. page 41 3.2. Professional and Technical Services. A party may provide professional and technical services upon the request of the other party. As defined by Minn. Stat. §16C.08, subd. 1, professional/technical services “means services that are intellectual in character, including consultation, analysis, evaluation, prediction, planning, programming, or recommendation; and result in the production of a report or completion of a task.” Professional and technical services do not include providing supplies or materials except as incidental to performing such services. Professional and technical services include (by way of example and without limitation) engineering services, surveying, foundation recommendations and reports, environmental documentation, right-of-way assistance (such as performing appraisals or providing relocation assistance, but excluding the exercise of the power of eminent domain), geometric layouts, final construction plans, graphic presentations, public relations, and facilitating open houses. A party will normally provide such services with its own personnel; however, a party’s professional/technical services may also include hiring and managing outside consultants to perform work provided that a party itself provides active project management for the use of such outside consultants. 3.3. Roadway Maintenance. A party may provide roadway maintenance upon the request of the other party. Roadway maintenance does not include roadway reconstruction. This work may include but is not limited to snow removal, ditch spraying, roadside mowing, bituminous mill and overlay (only small projects), seal coat, bridge hits, major retaining wall failures, major drainage failures, and message painting. All services must be performed by an employee with sufficient skills, training, expertise or certification to perform such work, and work must be supervised by a qualified employee of the party performing the work. 3.4. Construction Administration. A party may administer roadway construction projects upon the request of the other party. Roadway construction includes (by way of example and without limitation) the construction, reconstruction, or rehabilitation of mainline, shoulder, median, pedestrian or bicycle pathway, lighting and signal systems, pavement mill and overlays, seal coating, guardrail installation, and channelization. These services may be performed by the Providing Party’s own forces, or the Providing Party may administer outside contracts for such work. Construction administration may include letting and awarding construction contracts for such work (including state projects to be completed in conjunction with local projects). All contract administration services must be performed by an employee with sufficient skills, training, expertise or certification to perform such work. 3.5. Emergency Services. A party may provide aid upon request of the other party in the event of a man-made disaster, natural disaster or other act of God. Emergency services includes all those services as the parties mutually agree are necessary to plan for, prepare for, deal with, and recover from emergency situations. These services include, without limitation, planning, engineering, construction, maintenance, and removal and disposal services related to things such as road closures, traffic control, debris removal, flood protection and mitigation, sign repair, sandbag activities and general cleanup. Work will be performed by an employee with sufficient skills, training, expertise or certification to perform such work, and work must be supervised by a qualified employee of the party performing the work. If it is not feasible to have an executed work order prior to performance of the work, the parties will promptly confer to determine whether work may be commenced without a fully-executed work order in place. If work commences without a fully-executed work order, the parties will follow up with execution of a work order as soon as feasible. 3.6. When a need is identified, the State and the Local Government will discuss the proposed work and the resources needed to perform the work. If a party desires to perform such work, the parties will negotiate the specific and detailed work tasks and cost. The State will then prepare a work order contract. Generally, a work order contract will be limited to one specific page 42 project/engagement, although “on call” work orders may be prepared for certain types of services, especially for “Technical Services” items as identified section 2.1.2. The work order will also identify specific deliverables required, and timeframes for completing work. A work order must be fully executed by the parties prior to work being commenced. The Local Government will not be paid for work performed prior to execution of a work order and authorization by the State. 4. Responsibilities of the Providing Party The party requesting the work will be referred to as the “Requesting Party” and the party performing the work will be referred to as the “Providing Party.” Each work order will set forth particular requirements for that project/engagement. 4.1. Terms Applicable to ALL Work Orders. The terms in this section 4.1 will apply to ALL work orders. 4.1.1. Each work order will identify an Authorized Representative for each party. Each party’s authorized representative is responsible for administering the work order, and has the authority to make any decisions regarding the work, and to give and receive any notices required or permitted under this Master Contract or the work order. 4.1.2. The Providing Party will furnish and assign a publicly employed licensed engineer (Project Engineer), to be in responsible charge of the project(s) and to supervise and direct the work to be performed under each work order. For services not requiring an engineer, the Providing Party will furnish and assign another responsible employee to be in charge of the project. The services of the Providing Party under a work order may not be otherwise assigned, sublet, or transferred unless approved in writing by the Requesting Party’s authorized representative. This written consent will in no way relieve the Providing Party from its primary responsibility for the work. 4.1.3. If the Local Government is the Providing Party, the Project Engineer may request in writing specific engineering and/or technical services from the State, pursuant to Minn. Stat. Section 161.39. The work order may require the Local Government to deposit payment in advance or may, at the State’s option, permit payment in arrears. If the State furnishes the services requested, the Local Government will promptly pay the State to reimburse the state trunk highway fund for the full cost and expense of furnishing such services. The costs and expenses will include the current State labor additives and overhead rates, subject to adjustment based on actual direct costs that have been verified by audit. 4.1.4. Only the receipt of a fully executed work order contract authorizes the Providing Party to begin work on a project. Any and all effort, expenses, or actions taken by the Providing Party before the work order contract is fully executed is considered unauthorized and undertaken at the risk of non-payment. 4.1.5. In connection with the performance of this contract and any work orders issued hereunder, the Providing Agency will comply with all applicable Federal and State laws and regulations. When the Providing Party is authorized or permitted to award contracts in connection with any work order, the Providing Party will require and cause its contractors and subcontractors to comply with all Federal and State laws and regulations. 4.2. Additional Terms for Roadway Maintenance. The terms of section 4.1 and this section 4.2 will apply to all work orders for Roadway Maintenance. 4.2.1. Unless otherwise provided for by agreement or work order, the Providing Party must obtain all permits and sanctions that may be required for the proper and lawful performance of the work. page 43 4.2.2. The Providing Party must perform maintenance in accordance with MnDOT maintenance manuals, policies and operations. 4.2.3. The Providing Party must use State-approved materials, including (by way of example and without limitation), sign posts, sign sheeting, and de-icing and anti-icing chemicals. 4.3. Additional Terms for Construction Administration. The terms of section 4.1 and this section 4.3 will apply to all work orders for construction administration. 4.3.1. Contract(s) must be awarded to the lowest responsible bidder or best value proposer in accordance with state law. 4.3.2. Contractor(s) must be required to post payment and performance bonds in an amount equal to the contract amount. The Providing Party will take all necessary action to make claims against such bonds in the event of any default by the contractor. 4.3.3. Contractor(s) must be required to perform work in accordance with the latest edition of the Minnesota Department of Transportation Standard Specifications for Construction. 4.3.4. For work performed on State right-of-way, contractor(s) must be required to indemnify and hold the State harmless against any loss incurred with respect to the performance of the contracted work, and must be required to provide evidence of insurance coverage commensurate with project risk. 4.3.5. Contractor(s) must pay prevailing wages pursuant to applicable state and federal law. 4.3.6. Contractor(s) must comply with all applicable Federal, and State laws, ordinances and regulations, including but not limited to applicable human rights/anti-discrimination laws and laws concerning the participation of Disadvantaged Business Enterprises in federally- assisted contracts 4.3.7. Unless otherwise agreed in a Work Order, each party will be responsible for providing rights of way, easement, and construction permits for its portion of the improvements. Each party will, upon the other’s request, furnish copies of right of way certificates, easements, and construction permits. 4.3.8. The Providing Party may approve minor changes to the Requesting Party’s portion of the project work if such changes do not increase the Requesting Party’s cost obligation under the applicable work order. 4.3.9. The Providing Party will not approve any contractor claims for additional compensation without the Requesting Party’s written approval, and the execution of a proper amendment to the applicable work order when necessary. The Local Government will tender the processing and defense of any such claims to the State upon the State’s request. 4.3.10. The Local Government must coordinate all trunk highway work affecting any utilities with the State’s Utilities Office. 4.3.11. The Providing Party must coordinate all necessary detours with the Requesting Party. 4.3.12. If the Local Government is the Providing Party, and there is work performed on the trunk highway right-of-way, the following will apply: 4.3.12.1 The Local Government will have a permit to perform the work on the trunk highway. The State may revoke this permit if the work is not being performed in a safe, proper and skillful manner, or if the contractor is violating the terms of any law, regulation, or permit applicable to the work. The State will have no page 44 liability to the Local Government, or its contractor, if work is suspended or stopped due to any such condition or concern. 4.3.12.2 The Local Government will require its contractor to conduct all traffic control in accordance with the Minnesota Manual on Uniform Traffic Control Devices. 4.3.12.3 The Local Government will require its contractor to comply with the terms of all permits issued for the project including, but not limited to, NPDES and other environmental permits. 4.3.12.4 All improvements constructed on the State’s right-of-way will become the property of the State. 5. Responsibilities of the Requesting Party 5.1. After authorizing the Providing Party to begin work, the Requesting Party will furnish any data or material in its possession relating to the project that may be of use to the Providing Party in performing the work. 5.2. All such data furnished to the Providing Party will remain the property of the Requesting Party and will be promptly returned upon the Requesting Party’s request or upon the expiration or termination of this contract (subject to data retention requirements of the Minnesota Government Data Practices Act and other applicable law). 5.3. The Providing Party will analyze all such data furnished by the Requesting Party. If the Providing Party finds any such data to be incorrect or incomplete, the Providing Party will bring the facts to the attention of the Requesting Party before proceeding with the part of the project affected. The Providing Party will investigate the matter, and if it finds that such data is incorrect or incomplete, it will promptly determine a method for furnishing corrected data. Delay in furnishing data will not be considered justification for an adjustment in compensation. 5.4. The State will provide to the Local Government copies of any Trunk Highway fund clauses to be included in the bid solicitation and will provide any required Trunk Highway fund provisions to be included in the Proposal for Highway Construction, that are different from those required for State Aid construction. 5.5. The Requesting Party will perform final reviews and/or inspections of its portion of the project work. If the work is found to have been completed in accordance with the work order contract, the Requesting Party will promptly release any remaining funds due the Providing Party for the Project(s). 5.6. The work order contracts may include additional responsibilities to be completed by the Requesting Party. 6. Time In the performance of project work under a work order contract, time is of the essence. 7. Consideration and Payment 7.1. Consideration. The Requesting Party will pay the Providing Party as specified in the work order. The State’s normal and customary labor additives will apply to work performed by the State, unless otherwise specified in the work order. The State’s normal and customary labor additives will not apply if the parties agree to a “lump sum” or “unit rate” payment. 7.2. State’s Maximum Obligation. The total compensation to be paid by the State to the Local Government under all work order contracts issued pursuant to this Master Contract will not exceed $50,000.00. page 45 7.3. Travel Expenses. It is anticipated that all travel expenses will be included in the base cost of the Providing Party’s services, and unless otherwise specifically set forth in an applicable work order, the Providing Party will not be separately reimbursed for travel and subsistence expenses incurred by the Providing Party in performing any work order contract. In those cases where the State agrees to reimburse travel expenses, such expenses will be reimbursed in the same manner and in no greater amount than provided in the current "MnDOT Travel Regulations” a copy of which is on file with and available from the MnDOT District Office. The Local Government will not be reimbursed for travel and subsistence expenses incurred outside of Minnesota unless it has received the State’s prior written approval for such travel. 7.4. Payment. 7.4.1. Generally. The Requesting Party will pay the Providing Party as specified in the applicable work order, and will make prompt payment in accordance with Minnesota law. 7.4.2. Payment by the Local Government. 7.4.2.1. The Local Government will make payment to the order of the Commissioner of Transportation. 7.4.2.2. IMPORTANT NOTE: PAYMENT MUST REFERENCE THE “MNDOT CONTRACT NUMBER” SHOWN ON THE FACE PAGE OF THIS CONTRACT AND THE “INVOICE NUMBER” ON THE INVOICE RECEIVED FROM MNDOT. 7.4.2.3. Remit payment to the address below: MnDOT Attn: Cash Accounting RE: MnDOT Contract Number 1002060 and Invoice Number ###### Mail Stop 215 395 John Ireland Blvd St. Paul, MN 55155 7.4.3. Payment by the State. 7.4.3.1. Generally. The State will promptly pay the Local Government after the Local Government presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted as specified in the applicable work order, but no more frequently than monthly. 7.4.3.2. Retainage for Professional and Technical Services. For work orders for professional and technical services, as required by Minn. Stat. § 16C.08, subd. 2(10), no more than 90 percent of the amount due under any work order contract may be paid until the final product of the work order contract has been reviewed by the State’s authorized representative. The balance due will be paid when the State’s authorized representative determines that the Local Government has satisfactorily fulfilled all the terms of the work order contract. 8. Conditions of Payment All work performed by the Providing Party under a work order contract must be performed to the Requesting Party’s satisfaction, as determined at the sole and reasonable discretion of the Requesting Party’s Authorized Representative and in accordance with all applicable federal and state laws, rules, and regulations. The Providing Party will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal or state law. page 46 9. Local Government’s Authorized Representative and Project Manager; Authority to Execute Work Order Contracts 9.1. The Local Government’s Authorized Representative for administering this master contract is the Local Government’s Engineer, and the Engineer has the responsibility to monitor the Local Government’s performance. The Local Government’s Authorized Representative is also authorized to execute work order contracts on behalf of the Local Government without approval of each proposed work order contract by its governing body. 9.2. The Local Government’s Project Manager will be identified in each work order contract. 10. State’s Authorized Representative and Project Manager 10.1. The State's Authorized Representative for this master contract is the District State Aid Engineer, who has the responsibility to monitor the State’s performance. 10.2. The State’s Project Manager will be identified in each work order contract. 11. Assignment, Amendments, Waiver, and Contract Complete 11.1. Assignment. Neither party may assign or transfer any rights or obligations under this Master Contract or any work order contract without the prior consent of the other and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this Master Contract, or their successors in office. 11.2. Amendments. Any amendment to this master contract or any work order contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original contract, or their successors in office. 11.3. Waiver. If a party fails to enforce any provision of this master contract or any work order contract, that failure does not waive the provision or the party’s right to subsequently enforce it. 11.4. Contract Complete. This master contract and any work order contract contain all negotiations and agreements between the State and the Local Government. No other understanding regarding this master contract or any work order contract issued hereunder, whether written or oral may be used to bind either party. 12. Liability. Each party will be responsible for its own acts and omissions to the extent provided by law. The Local Government’s liability is governed by Minn. Stat. chapter 466 and other applicable law. The State’s liability is governed by Minn. Stat. section 3.736 and other applicable law. This clause will not be construed to bar any legal remedies a party may have for the other party’s failure to fulfill its obligations under this master contract or any work order contract. Neither party agrees to assume any environmental liability on behalf of the other party. A Providing Party under any work order is acting only as a “Contractor” to the Requesting Party, as the term “Contractor” is defined in Minn. Stat. §115B.03 (subd. 10), and is entitled to the protections afforded to a “Contractor” by the Minnesota Environmental Response and Liability Act. The parties specifically intend that Minn. Stat. §471.59 subd. 1a will apply to any work undertaken under this Master Contract and any work order issued hereunder. 13. State Audits Under Minn. Stat. § 16C.05, subd. 5, the party’s books, records, documents, and accounting procedures and practices relevant to any work order contract are subject to examination by the parties and by the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Master Contract. 14. Government Data Practices and Intellectual Property page 47 14.1. Government Data Practices. The Local Government and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this Master Contract and any work order contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Local Government under this Master Contract and any work order contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Local Government or the State. 14.2. Intellectual Property Rights 14.2.1. Intellectual Property Rights. The Requesting Party will own all rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks, and service marks in the Works and Documents created and paid for under work order contracts. Works means all inventions, improvements, discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, and disks conceived, reduced to practice, created or originated by the Providing Party, its employees, agents, and subcontractors, either individually or jointly with others in the performance of this master contract or any work order contract. Works includes “Documents.” Documents are the originals of any databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether in tangible or electronic forms, prepared by the Providing Party, its employees, agents, or contractors, in the performance of a work order contract. The Documents will be the exclusive property of the Requesting Party and all such Documents must be immediately returned to the Requesting Party by the Providing Party upon completion or cancellation of the work order contract. To the extent possible, those Works eligible for copyright protection under the United States Copyright Act will be deemed to be “works made for hire.” The Providing Party Government assigns all right, title, and interest it may have in the Works and the Documents to the Requesting Party. The Providing Party must, at the request of the Requesting Party, execute all papers and perform all other acts necessary to transfer or record the Requesting Party’s ownership interest in the Works and Documents. Notwithstanding the foregoing, the Requesting Party grants the Providing Party an irrevocable and royalty-free license to use such intellectual property for its own non-commercial purposes, including dissemination to political subd.s of the state of Minnesota and to transportation-related agencies such as the American Association of State Highway and Transportation Officials. 14.2.2. Obligations with Respect to Intellectual Property. 14.2.2.1. Notification. Whenever any invention, improvement, or discovery (whether or not patentable) is made or conceived for the first time or actually or constructively reduced to practice by the Providing Party, including its employees and subcontractors, in the performance of the work order contract, the Providing Party will immediately give the Requesting Party’s Authorized Representative written notice thereof, and must promptly furnish the Authorized Representative with complete information and/or disclosure thereon. 14.2.2.2. Representation. The Providing Party must perform all acts, and take all steps necessary to ensure that all intellectual property rights in the Works and Documents are the sole property of the Requesting Party, and that neither Providing Party nor its employees, agents or contractors retain any interest in and to the Works and Documents. 15. Affirmative Action page 48 The State intends to carry out its responsibility for requiring affirmative action by its Contractors, pursuant to Minn. Stat. §363A.36. Pursuant to that Statute, the Local Government is encouraged to prepare and implement an affirmative action plan for the employment of minority persons, women, and the qualified disabled, and submit such plan to the Commissioner of the Minnesota Department of Human Rights. In addition, when the Local Government lets a contract for the performance of work under a work order issued pursuant to this Master Contract, it must include the following in the bid or proposal solicitation and any contracts awarded as a result thereof: 15.1. Covered Contracts and Contractors. If the Contract exceeds $100,000 and the Contractor employed more than 40 full-time employees on a single working day during the previous 12 months in Minnesota or in the state where it has its principle place of business, then the Contractor must comply with the requirements of Minn. Stat. § 363A.36 and Minn. R. Parts 5000.3400-5000.3600. A Contractor covered by Minn. Stat. § 363A.36 because it employed more than 40 full-time employees in another state and does not have a certificate of compliance, must certify that it is in compliance with federal affirmative action requirements. 15.2. Minn. Stat. § 363A.36. Minn. Stat. § 363A.36 requires the Contractor to have an affirmative action plan for the employment of minority persons, women, and qualified disabled individuals approved by the Minnesota Commissioner of Human Rights (“Commissioner”) as indicated by a certificate of compliance. The law addresses suspension or revocation of a certificate of compliance and contract consequences in that event. A contract awarded without a certificate of compliance may be voided. 15.3. Minn. R. Parts 5000.3400-5000.3600. 15.3.1. General. Minn. R. Parts 5000.3400-5000.3600 implement Minn. Stat. § 363A.36. These rules include, but are not limited to, criteria for contents, approval, and implementation of affirmative action plans; procedures for issuing certificates of compliance and criteria for determining a contractor’s compliance status; procedures for addressing deficiencies, sanctions, and notice and hearing; annual compliance reports; procedures for compliance review; and contract consequences for non-compliance. The specific criteria for approval or rejection of an affirmative action plan are contained in various provisions of Minn. R. Parts 5000.3400-5000.3600 including, but not limited to, parts 5000.3420-5000.3500 and 5000.3552-5000.3559. 15.3.2. Disabled Workers. The Contractor must comply with the following affirmative action requirements for disabled workers: 15.3.2.1. The Contractor must not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled persons without discrimination based upon their physical or mental disability in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 15.3.2.2. The Contractor agrees to comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. 15.3.2.3. In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with Minn. Stat. Section 363A.36, and the rules and relevant orders of the Minnesota page 49 Department of Human Rights issued pursuant to the Minnesota Human Rights Act. 15.3.2.4. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the commissioner of the Minnesota Department of Human Rights. Such notices must state the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified disabled employees and applicants for employment, and the rights of applicants and employees. 15.3.2.5. The Contractor must notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contractor is bound by the terms of Minn. Stat. Section 363A.36, of the Minnesota Human Rights Act and is committed to take affirmative action to employ and advance in employment physically and mentally disabled persons. 15.3.3. Consequences. The consequences for the Contractor’s failure to implement its affirmative action plan or make a good faith effort to do so include, but are not limited to, suspension or revocation of a certificate of compliance by the Commissioner, refusal by the Commissioner to approve subsequent plans, and termination of all or part of this contract by the Commissioner or the State. 15.3.4. Certification. The Contractor hereby certifies that it is in compliance with the requirements of Minn. Stat. § 363A.36 and Minn. R. Parts 5000.3400-5000.3600 and is aware of the consequences for noncompliance. 16. Workers’ Compensation Each party will be responsible for its own employees for any workers compensation claims. This Master Contract, and any work orders issued hereunder, are not intended to constitute an interchange of government employees under Minn. Stat. §15.53. To the extent that this Master Contract, or any work order issued hereunder, is determined to be subject to Minn. Stat. §15.53, such statute will control to the extent of any conflict between the Contract and the statute. 17. Publicity 17.1. Publicity. Any publicity regarding the subject matter of a work order contract where the State is the Requesting Party must identify the State as the sponsoring agency and must not be released without prior written approval from the State’s Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Local Government individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from a work order contract. 17.2. Data Practices Act. Section 17.1 is not intended to override the Local Government’s responsibilities under the Minnesota Government Data Practices Act. 18. Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-law provisions, governs this master contract and all work order contracts. Venue for all legal proceedings out of this master contract or any work order contracts, or the breach of any such contracts, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 19. Prompt Payment; Payment to Subcontractors page 50 The parties must make prompt payment of their obligations in accordance with applicable law. As required by Minn. Stat. § 16A.1245, when the Local Government lets a contract for work pursuant to any work order, the Local Government must require its contractor to pay all subcontractors, less any retainage, within 10 calendar days of the prime contractor's receipt of payment from the Local Government for undisputed services provided by the subcontractor(s) and must pay interest at the rate of one and one-half percent per month or any part of a month to the subcontractor(s) on any undisputed amount not paid on time to the subcontractor(s). 20. Minn. Stat. § 181.59. The Local Government will comply with the provisions of Minn. Stat. § 181.59 which requires: Every contract for or on behalf of the state of Minnesota, or any county, city, town, township, school, school district, or any other district in the state, for materials, supplies, or construction shall contain provisions by which the Contractor agrees: (1) That, in the hiring of common or skilled labor for the performance of any work under any contract, or any subcontract, no contractor, material supplier, or vendor, shall, by reason of race, creed, or color, discriminate against the person or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which the employment relates; (2) That no contractor, material supplier, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in clause (1) of this section, or on being hired, prevent, or conspire to prevent, the person or persons from the performance of work under any contract on account of race, creed, or color; (3) That a violation of this section is a misdemeanor; and (4) That this contract may be canceled or terminated by the state, county, city, town, school board, or any other person authorized to grant the contracts for employment, and all money due, or to become due under the contract, may be forfeited for a second or any subsequent violation of the terms or conditions of this contract. 21. Termination; Suspension 21.1. Termination by the State for Convenience. The State or commissioner of Administration may cancel this Master Contract and any work order contracts at any time, with or without cause, upon 30 days written notice to the Local Government. Upon termination, the Local Government and the State will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 21.2. Termination by the Local Government for Convenience. The Local Government may cancel this Master Contract and any work order contracts at any time, with or without cause, upon 30 days written notice to the State. Upon termination, the Local Government and the State will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 21.3. Termination for Insufficient Funding. The State may immediately terminate or suspend this Master Contract and any work order contract if it does not obtain funding from the Minnesota legislature or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination or suspension must be by written or fax notice to the Local Government. The State is not obligated to pay for any services that are provided after notice and effective date of termination or suspension. However, the Local Government will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the master contract or work order is terminated because of the decision of the Minnesota legislature or other funding source, not to appropriate funds. The State must provide the Local Government notice of the lack of funding within a reasonable time of the State’s receiving that notice. 22. Data Disclosure Under Minn. Stat. §270C.65, subd. 3, and other applicable law, the Local Government consents to disclosure of its federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the page 51 payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Local Government to file state tax returns and pay delinquent state tax liabilities, if any. 23. Defense of Claims and Lawsuits If any lawsuit or claim is filed by a third party (including but not limited to the Local Government’s contractors and subcontractors), arising out of trunk highway work performed pursuant to a valid work order issued under this Master Contract, the Local Government will, at the discretion of and upon the request of the State, tender the defense of such claims to the State or allow the State to participate in the defense of such claims. The Local Government will, however, be solely responsible for defending any lawsuit or claim, or any portion thereof, when the claim or cause of action asserted is based on its own acts or omissions in performing or supervising the work. The Local Government will not purport to represent the State in any litigation, settlement, or alternative dispute resolution process. The State will not be responsible for any judgment entered against the Local Government, and will not be bound by the terms of any settlement entered into by the Local Government except with the written approval of the Attorney General and the Commissioner of Transportation and pursuant to applicable law. 24. Additional Provisions [The balance of this page has intentionally been left blank – signature page follows] page 52 LOCAL GOVERNMENT COMMISSIONER OF TRANSPORTATION The Local Government certifies that the appropriate person(s) have executed the contract on behalf of the Local Government as required by applicable ordinance, resolution, or charter provision. By: By: (with delegated authority) Title: Title Division Director Date: Date: By: COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division Title By: Date: Date: page 53 DATE: December 1, 2015 TO: Mayor, City Council and City Administrator FROM: Dave Dreelan, Assistant Fire Chief SUBJECT: October 2015 Fire Synopsis Fire Calls The department responded to 22 calls for the month. The majority of calls were classified as false alarms or as good intent calls. Five of the calls were residential in nature, of the other calls, nine were commercial responses, and four were EMS calls. There was one utility check, one car fire, one mutual aid call to Eagan, and one injury accident. Monthly Training The monthly department and squad training focused on teaching all of the firefighters a new hose deployment procedure for our pre-connected attack lines. Each of the apparatus has two or three pre-connected hose lines that are 200’ in length. These are the primary hose lines that are pulled for nearly every fire. The new procedure will allow one firefighter to deploy all 200 feet of hose more efficiently than the previous method. page 54 MENDOTA HEIGHTS FIRE DEPARTMENT OCTOBER 2015 MONTHLY REPORT FIRE CALLS NO. 15198 -15219 NUMBER OF CALLS:22 FIRE ALARMS DISPATCHED:NUMBER STRUCTURE CONTENTS MISC.TOTALS TO DATE ACTUAL FIRES Structure - MH Commercial $2,510 Structure - MH Residential $100,000 Structure - Contract Areas $1,750 Vehicle - MH 1 $30,400 Vehicle - Contract Areas $0 Grass/Brush/No Value MH Grass/Brush/No Value Contract TOTAL MONTHLY FIRE LOSSES MEDICAL Assist 4 $0 $0 $0 Extrication HAZARDOUS SITUATION FIRE LOSS TOTALS MENDOTA HEIGHTS Spills/Leaks 1 Arcing/Shorting ALL FIRES, ALL AREAS (MONTH)$0 $134,660 Chemical Power Line Down MEND. HTS. ONLY STRUCT/CONTENTS $100,010 FALSE ALARM Residential Malfunction 1 MEND. HTS. ONLY MISCELLANEOUS $31,900 Commercial Malfunction 5 Unintentional - Commercial 2 MEND. HTS. TOTAL LOSS TO DATE $131,910 Unintentional - Residential 1 Criminal BILLING FOR SERVICES GOOD INTENT Smoke Scare 1 AGENCY THIS MONTH TO DATE Steam Mistaken for Smoke Other 5 MN/DOT $0 MUTUAL AID 1 MILW. RR $0 CNR RR $0 TOTAL CALLS 22 OTHERS: $0 LOCATION OF FIRE ALARMS:TO DATE LAST YEAR TOTALS:$0 $0 MENDOTA HEIGHTS 18 181 205 MENDOTA 0 5 7 FIRE MARSHAL'S TIME FOR MONTH SUNFISH LAKE 1 11 13 LILYDALE 2 14 25 INSPECTIONS OTHER 1 8 7 INVESTIGATIONS TOTAL 22 219 257 RE-INSPECTION WORK PERFORME HOURS TO DATE LAST YEAR MEETINGS FIRE CALLS 336 3437 4158 MEETINGS 41 288.5 325.5 ADMINISTRATION DRILLS 144.5 1486 1449 WEEKLY CLEAN-UP 31 350.5 349 SPECIAL PROJECTS SPECIAL ACTIVITY 673.5 2521 3587.8 ADMINISTATIVE 0 0 TOTAL 0 FIRE MARSHAL 485.5 565.5 TOTALS 1226 8568.5 10434.8 REMARKS:SEE OTHER SIDE FOR SYNOPSIS page 55 DATE: December 1, 2015 TO: Mayor, City Council and City Administrator FROM: John P. Maczko, Fire Chief SUBJECT: Approve the Purchase of Turnout Gear BACKGROUND The 2015 fire budget includes $16,000 for the purchase of turnout gear. A recent inspection of the turnout gear found that there are five full sets of turnout great that are in need of replacement. Assistant Chief Dreelan has received two quotes for the necessary turnout gear. The lowest quote was received from Fire Equipment Specialties for $2,130.00 a set. The total cost of the five full sets of turnout gear would be $10,650.00. BUDGET IMPACT There is $16,000 budgeted for the purchase of the five sets of turnout gear and the purchase of the five full sets would be under budget. RECOMMENDATION I recommend the City Council approve the purchase of the necessary turnout gear from Fire Equipment Specialties for the amount of $10,650.00. page 56 DATE: December 1, 2015 TO: Mayor, and City Council FROM: Tamara Schutta, Assistant to the City Administrator/HR Coordinator SUBJECT: Personnel Action Item Item 1: Approval of employment of part-time winter 2015/2016 seasonal employees Staff is requesting council approval for the hiring of the below listed part-time winter seasonal ice rink attendants and ice skating instructor. All final candidates were offered their position contingent upon a successful completion of a criminal background check and council approval. The proposed salaries are consistent with the part-time seasonal staff pay matrix. Parks and Recreation –Seasonal Rink Attendant Positions 2015/2016 Name Hourly Rate Name Hourly Rate Caleb Butler $9.00 Bethany Ferguson $9.00 Anthony Kammeyer $9.00 Andrew Keis $9.00 Dan Keis $9.00 Kieran Lynch $9.00 William Maher $9.00 Matthew Morse $9.00 Matt O’Connell $9.00 Noah Odalen $9.00 Austin Paterson $9.00 Grant Poole $9.00 Shane Sienko $9.00 Daniel Welle $9.00 Zachary Ziebol $9.00 2016 Ice Skating Instructor Alexandra Henderson $22.75 BUDGET IMPACT As noted above. RECOMMENDATION Staff recommends that the Mendota Heights City Council approve the action requested above for item one. A simple majority vote is all that is needed on this issue. page 57 page 58 page 59 page 60 page 61 page 62 page 63 page 64 page 65 page 66 page 67 page 68 page 69 2015 Licensing List for City Council Type Contractor Name Gas Piping Sunburst Heating & Air General Hunerberg Construction Company Twin City Garage Door HVAC Marsh Heating & Air Conditioning Plumbing Services, Inc Monday, November 23, 2015 Page 1 of 1 page 70 DATE: December 1, 2015 TO: Mayor, City Council and City Administrator FROM: Kristen Schabacker, Finance Director SUBJECT: 2016 Final Budget and Tax Levy BACKGROUND On September 15, 2015 council adopted resolution 2015-72 approving the preliminary tax levy for the year 2016. The preliminary levy of $7,416,595 was certified to Dakota County in September 2015. The amount to be levied for debt service and the amount for the Par 3 bonds have been reduced to reflect the savings we will realize from refunding those bonds. This reduced the amount to be levied for debt service by $30,196. As a result, there was a total of $20,000 added to the budget for cell amplifier, smoke detectors in city hall and building security upgrades, which had previously been proposed but was unable to be funded in the preliminary budget. Those are recommended to be added back in. Therefore, with the savings from the bond refunding, less the $20,000 add-backs in expenditures to the general fund, the final levy is proposed to be $10,196 less than the preliminary levy which was set in September. This 2016 budget reflects an amount for an increase in wages for both union and non-union employees, although the final amount is still to be negotiated with some of the unions.. The 2016 budget document is included in your packet and is also available for review on the city’s website. The city will accept public comments regarding the final budget and levy for 2016 at the tonight’s meeting. Attached are the slides that I will be presenting. The 2016 tax rate, levy and budget will be reviewed at that time. At this hearing, residents are free to address the council regarding their questions or concerns with the 2016 levy or budget. I have not received any phone calls from residents regarding their property taxes. Following is a comparison of the levies from 2015 and 2016: Levy Comparison 2015 Levy 2016 Proposed 2016 Final General Fund $5,711,992 $6,011,954 $6,031,954 Emergency Preparedness 25,000 25,000 25,000 Fire Relief 90,000 108,000 108,000 Infrastructure/Facility Reserve 20,000 20,000 20,000 Equipment Reserve 20,000 20,000 20,000 Legal & Contingency 40,000 40,000 40,000 page 71 Improvement Bonds 737,029 828,509 822,752 Equipment Certificates 55,066 77,765 78,427 Market Value Referendum 267,887 265,367 240,266 Street Light District 33,000 20,000 20,000 Total Levy $6,999,974 $7,416,595 $7,406,399 BUDGET IMPACT The final levy proposed is $406,425 greater than 2015. This represents a 5.81% increase from last year. The 2016 final budget for all funds is $12,647,076. RECOMMENDATION Staff recommends that the Mendota Heights City Council accept public comments on the 2016 levy and budget. After the hearing has been conducted, it should adopt the attached resolution approving the final 2016 levy and budget. page 72 City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 2015-92 RESOLUTION APPROVING FINAL 2015 TAX LEVY COLLECTIBLE IN 2016 AND ADOPTING PROPOSED BUDGET FOR 2016 WHEREAS, the city has previously adopted a preliminary tax levy in resolution 2015-72; and WHEREAS, the city will accept public comments on December 1, 2015 on the proposed budget and tax levy. NOW THEREFORE BE IT RESOLVED that the city council adopts the following levy for tax against all taxable property in the City of Mendota Heights for collection in the year 2016. 2016 Final General Fund $ 6,031,954 Emergency Preparedness $ 25,000 Fire Relief $ 108,000 Infrastructure/Facility Reserve $ 20,000 Equipment Reserve $ 20,000 Legal & Contingency $ 40,000 General Levy $ 6,244,954 Special Debt Levies Improvement Bonds $ 822,752 Equipment Certificates $ 78,427 Total Special Levy $ 901,179 Market Value Referendum Levy $ 240,266 Street Light District Levy $ 20,000 Net Certified Levy $ 7,406,399 page 73 BE IT FURTHER RESOLVED that the budget as proposed is deemed to be practical and reasonable to maintain the city operations and is hereby approved. The 2016 budget reflects $12,647,076 of expenses for all funds. The 5 year capital improvement plan is presented as part of the 2016 final budget document. The clerk is hereby instructed to transmit a certified copy of this resolution to the Dakota County Treasurer-Auditor. Adopted by the City Council of the City of Mendota Heights this 1st day of December, 2015. CITY COUNCIL CITY OF MENDOTA HEIGHTS ___________________________ Sandra Krebsbach, Mayor ATTEST: ____________________________ Lorri Smith, City Clerk page 74 Net Tax Capacity Pay 2015 Pay 2016 Actual Preliminary Tax Capacity Value 20,953,527 22,020,808 5.09% Fiscal disparaties Contribution (2,554,386) (2,494,377) -2.35% Net Tax Capacity 18,399,141 19,526,431 6.13% Tax Capacity Rate Estimate Tax levy 6,699,087 7,146,133 6.67% Fiscal disparities (268,921) (268,609) -0.12% Net tax levy 6,430,166 6,877,524 6.96% Net Tax Capacity 18,399,141 19,526,431 6.13% Tax Capacity Rate 0.34964 0.35222 0.74% City of Mendota Heights page 75 page 76 Market Value for Residential Properties Increased 6.22% from 2015 to 2016 2016 2016 Home Value Total 2015 Tax City Tax Referendum Total 2016 Tax Difference % Change $211,825 $772.63 $225,000 $792.50 $28.80 $821.30 $48.67 6.30% $315,254 $1,149.88 $334,863 $1,179.58 $42.86 $1,222.45 $72.57 6.30% $470,720 $1,716.96 $500,000 $1,761.10 $64.00 $1,825.10 $108.14 6.30% $659,010 $2,403.74 $700,000 $2,465.54 $89.60 $2,555.14 $151.40 6.30% Tax Rates for Mendota Heights 2006 28.027 2007 26.398 2008 24.142 2009 26.165 2010 28.061 2011 29.733 2012 32.057 2013 34.479 2014 34.737 2015 34.964 0.0001511 2015 referendum rate 2016 35.222 0.0001280 2016 referendum rate page 77 page 78 2016 levy is $7,406,399 which represents a 5.81% increase over last year’s levy of $6,999,974 2016 budget for all funds totals $12,647,076 The taxable market value for 2016 is $1,841,670,890 - this is an increase of 5.91% from 2015 2016 proposed city tax rate is 35.222 compared to the 2015 tax rate of 34.964 page 79 Average residential home value increased approximately 6.22% from 2015 $470,720 home value in 2015 paid $1,717 in city taxes That same home in 2016 would have a value of $500,000 and pay approximately $1,825 in city taxes This example shows an increase of approximately 6.30% in the city’s portion of their property taxes $334,700 - median home value in Mendota Heights in 2016 page 80 page 81 Department 2015 Final 2016 Proposed Percent Police $3,345,183 $3,457,531 3.36% Admin/Elections $997,714 $1,149,653 15.23% Parks/Recreation $808,095 $796,146 -1.48% Streets $981,232 $1,023,577 4.32% Fire $474,615 $469,754 -1.02% Code Enforcement $133,050 $149,455 12.33% IT $138,437 $178,391 28.86% Planning/Recycling/ Council/Other $180,397 $193,937 7.51% TOTALS: $7,058,723 $7,418,444 5.10% page 82 page 83 2015 Final 2016 Proposed Percent Tax Levy $5,711,992 $6,031,954 5.60% License & Permits $269,850 $329,550 22.12% Fines $72,500 $69,000 -4.83% Charges for Srvcs. $483,811 $499,020 3.14% Intergovernmental $381,070 $393,170 3.18% Misc. & Other $139,500 $95,750 -31.36% TOTALS: $7,058,723 $7,418,444 5.10% page 84 page 85 2015 Final 2016 Proposed Percent General Fund $5,711,992 $6,031,954 5.60% Legal & Cont. $40,000 $40,000 0.00% Emergency Prep $25,000 $25,000 0.00% Fire Relief $90,000 $108,000 20.00% Infrastructure $20,000 $20,000 0.00% Equip Reserve $20,000 $20,000 0.00% Special Levies $792,095 $901,179 13.77% Referendum $267,887 $240,266 -10.31% Street Light Dist $33,000 $20,000 -39.39% Gross Levy $6,999,974 $7,406,399 5.81% page 86 CITY OF MENDOTA HEIGHTS 2016 BUDGET BUDGET AND REVENUE SUMMARY BUDGET 2014 ACTUAL 2015 BUDGET 2016 BUDGET GENERAL FUND $7,273,662 $7,058,723 $7,418,444 5.10% GENERAL FUND CONTINGENCY $37,878 $40,000 $40,000 0.00% ENGINEERING FUND $598,256 $666,067 $641,742 -3.65% UTILITY FUND $1,563,832 $1,869,536 $1,867,358 -0.12% STORM WATER UTILITY FUND $193,291 $483,700 $472,887 -2.24% PAR THREE FUND $157,963 $159,691 $170,568 6.81% BUSINESS DEVELOPMENT FUND $9,211 $10,075 $0 -100.00% CITY HALL FUND $246,176 $323,557 $259,117 -19.92% EMERGENCY PREPAREDNESS FUND $11,550 $38,050 $58,739 54.37% FACILITY/INFRASTUCTURERESERVE FUND $49,038 $0 $0 0.00% FIRE RELIEF FUND $154,904 $178,000 $200,000 12.36% SPECIAL PARK FUND $2,625 $55,125 $18,125 -67.12% WATER REVENUE FUND $306,736 $305,650 $305,650 0.00% DEBT FUND $942,790 $1,059,982 $1,141,446 7.69% EQUIPMENT RESERVE FUND $20,000 $20,000 $20,000 0.00% STREETLIGHT MAINTENANCE FUND $24,566 $33,000 $33,000 0.00% TOTAL BUDGET $11,592,478 $12,301,156 $12,647,076 2.81% REVENUE GENERAL FUND $7,019,714 $7,058,723 $7,418,444 5.10% GENERAL FUND CONTINGENCY $40,000 $40,000 $40,000 0.00% ENGINEERING FUND $580,251 $646,300 $679,800 5.18% UTILITY FUND $1,804,337 $1,810,028 $1,898,677 4.90% STORM WATER UTILITY FUND $873,180 $390,481 $390,481 0.00% PAR THREE FUND $151,942 $161,250 $170,250 5.58% BUSINESS DEVELOPMENT FUND $467 $140 $0 -100.00% CITY HALL FUND $210,730 $206,650 $216,075 4.56% EMERGENCY PREPAREDNESS FUND $25,961 $25,500 $25,500 0.00% FACILITY/INFRASTUCTURERESERVE FUND $27,229 $21,300 $21,200 -0.47% FIRE RELIEF FUND $157,504 $175,000 $200,000 14.29% SPECIAL PARK FUND $33,182 $1,500 $1,500 0.00% WATER REVENUE FUND $235,762 $253,750 $253,750 0.00% DEBT FUND $942,790 $1,059,982 $1,171,641 10.53% EQUIPMENT RESERVE FUND/RESERVES $23,314 $20,000 $20,000 0.00% STREETLIGHT MAINTENANCE FUND $28,908 $33,000 $20,000 -39.39% TOTAL REVENUE $12,155,271 $11,903,604 $12,527,318 5.24% page 87 CITY OF MENDOTA HEIGHTS 2016 BUDGET TAX LEVY SUMMARY 2015 2016 % CHANGE GENERAL FUND $5,711,992 $6,031,954 5.60% EMERGENCY PREPAREDNESS $25,000 $25,000 0.00% FIRE RELIEF $90,000 $108,000 20.00% INFRASTRUCTURE/FACILITY RESERVE $20,000 $20,000 0.00% EQUIPMENT RESERVE $20,000 $20,000 0.00% LEGAL AND CONTINGENCY $40,000 $40,000 0.00% GENERAL FUND LEVY $5,906,992 $6,244,954 5.72% IMPROVEMENT BONDS $737,029 $822,752 11.63% EQUIPMENT CERTIFICATES $55,066 $53,765 -2.36% EQUIPMENT CERTIFICATES - DUMP TRUCK $0 $24,662 100.00% TOTAL SPECIAL LEVY $792,095 $901,179 13.77% MARKET VALUE REFERENDUM LEVY $267,887 $240,266 -10.31% STREETLIGHT TAXING DISTRICT $33,000 $20,000 -39.39% TOTAL TAX LEVY $6,999,974 $7,406,399 5.81% page 88 GENERAL FUND FUND 01 DEPARTMENT 2013 ACTUAL 2014 ACTUAL 2015 BUDGET 2016 BUDGET % CHANGE CITY COUNCIL $33,275 $34,277 $33,796 $34,315 1.54% ADMINISTRATION $808,656 $851,456 $956,626 $1,077,954 12.68% ELECTIONS $28,692 $52,932 $41,088 $71,699 74.50% IT $131,216 $157,854 $138,437 $178,391 28.86% POLICE $2,973,890 $2,973,890 $3,337,183 $3,448,531 3.34% FIRE $399,204 $1,013,549 $474,615 $469,754 -1.02% BUILDING OFFICIAL $158,532 $130,852 $133,050 $149,455 12.33% PUBLIC WORKS-STREETS $1,421,938 $1,206,889 $981,232 $1,023,577 4.32% PUBLIC WORKS-PARKS $682,910 $725,979 $761,395 $757,746 -0.48% RECREATION $45,656 $56,559 $46,700 $38,400 -17.77% PLANNING $96,321 $118,141 $122,231 $131,747 7.79% RECYCLING $25,028 $23,257 $24,370 $27,875 14.38% ANIMAL CONTROL $5,914 $4,862 $8,000 $9,000 12.50% TOTAL GENERAL FUND $6,811,231 $7,350,497 $7,058,723 $7,418,444 5.10% GENERAL FUND CONTINGENCY $65,872 $11,149 $40,000 $40,000 0.00% page 89 GENERAL FUND FUND 01 REVENUE SOURCE 2014 ACTUAL 2014 BUDGET 2015 BUDGET 2016 BUDGET % CHANGE TAXES CURRENT TAX LEVY $5,379,652 $5,454,959 $5,711,992 $6,031,954 5.60% LICENSES AND PERMITS CIGARETTE LICENSES $0 $600 $600 $600 0.00% RUBBISH LICENSES $1,415 $1,400 $1,400 $1,400 0.00% DOG LICENSES $1,115 $750 $800 $1,000 25.00% CONTRACTOR LICENSES $16,550 $17,000 $17,000 $17,000 0.00% LIQUOR LICENSES $31,363 $21,000 $21,000 $28,500 35.71% BUILDING PERMITS $336,441 $135,000 $180,000 $225,000 25.00% HEATING PERMITS $27,701 $25,000 $30,000 $32,000 6.67% PLUMBING PERMITS $11,171 $5,000 $7,000 $8,000 14.29% WATER PERMITS $60 $50 $50 $50 0.00% RIGHT OF WAY PERMITS $11,161 $5,000 $6,500 $10,000 53.85% MASSAGE PERMITS $2,096 $1,800 $2,000 $2,000 0.00% RENTAL LICENSES $4,425 $1,000 $3,500 $4,000 14.29% TOTAL LICENSES AND PERMITS $443,497 $213,600 $269,850 $329,550 22.12% FINES AND FORFEITS COURT FINES $57,234 $70,000 $68,000 $65,000 -4.41% FALSE ALARMS FINES $737 $3,500 $3,500 $3,000 -14.29% DOG IMPOUNDING $1,100 $1,000 $1,000 $1,000 0.00% TOTAL FINES AND FORFEITS $59,071 $74,500 $72,500 $69,000 -4.83% CHARGES FOR SERVICES ACCIDENT REPORTS $0 $0 $0 $0 0.00% RECREATION PROGRAMS $40,043 $29,000 $32,000 $38,000 18.75% PARK USE FEES $4,113 $7,000 $7,000 $5,000 -28.57% SOFTBALL LEAGUES $10,684 $11,000 $11,000 $11,000 0.00% MAPS AND ORDINANCES $29 $0 $0 $0 0.00% SURCHARGES $34 $0 $0 $0 0.00% PLANNING FEES $11,406 $6,500 $6,500 $10,000 53.85% FIRE CONTRACTS $85,217 $83,877 $101,067 $107,000 5.87% FIRE PERMITS $0 $0 $0 LILYDALE POLICING $223,512 $226,545 $229,883 $231,500 0.70% MENDOTA POLICING $67,356 $65,514 $73,861 $74,500 0.87% POLICE SECURITY (OFF DUTY OT)$11,313 $18,000 $18,000 $18,000 0.00% FIRE CALLS $0 $0 $0 $0 0.00% STREET MAINT. CHARGES $1,250 $1,000 $1,000 $1,000 0.00% ASSESSMENT SEARCHES/SPLITS $60 $0 $0 $0 0.00% STREET CHARGES $0 $0 $0 $0 0.00% FILING FEES $40 $20 $0 $20 100.00% LEASE MAINTENANCE CHARGES $2,257 $3,500 $3,500 $3,000 -14.29% TOTAL CHARGES FOR SERVICES $457,314 $451,956 $483,811 $499,020 3.14% page 90 INTERGOVERNMENTAL MSA MAINTENANCE $137,287 $128,000 $130,000 $136,000 4.62% POLICE STATE AID $129,472 $110,000 $115,000 $118,000 2.61% SCHOOL RESOURCES OFFICER $99,303 $95,000 $97,000 $99,000 2.06% FEDERAL AND STATE GRANTS $15,987 $6,000 $6,000 $6,000 0.00% DAKOTA COUNTY GRANT $656 $10,000 $10,000 $10,000 0.00% PERA AID $9,073 $9,070 $9,070 $9,070 0.00% TOTAL INTERGOVERNMENTAL $391,777 $358,070 $367,070 $378,070 3.00% MISCELLANEOUS REVENUE SUNDRY REVENUE $27,936 $5,000 $5,000 $5,000 0.00% GRAVEL TAX $100 $0 $0 $100 100.00% DONATIONS $20,706 $0 $0 $0 0.00% INTEREST $115,322 $35,000 $35,000 $35,000 0.00% TOTAL MISCELLANEOUS $164,064 $40,000 $40,000 $40,100 0.25% DAKOTA COUNTY WASTE MANAGEMENT $15,000 $14,000 $14,000 $15,000 7.14% TOTAL DAKOTA COUNTY $15,000 $14,000 $14,000 $15,000 7.14% OTHER REVENUE UNAPPROPRIATED FUND TRANSFER $109,500 $109,500 $99,500 $55,750 -43.97% TOTAL OTHER REVENUE $109,500 $109,500 $99,500 $55,750 -43.97% TOTAL GENERAL FUND REVENUE $7,019,876 $6,716,585 $7,058,723 $7,418,444 5.10% page 91 2013 2014 2015 2016 % ACTUAL ACTUAL BUDGET BUDGET CHANGE CITY COUNCIL 4110 SALARIES-REGULAR $22,592 $22,592 $22,500 $22,500 0.00% 4133 WORKERS COMPENSATION $50 $78 $75 $94 25.33% 4135 FICA $1,728 $1,728 $1,721 $1,721 0.00% TOTAL HUMAN RESOURCES $24,370 $24,398 $24,296 $24,315 0.08% 4400 CONFERENCES AND SCHOOLS $1,283 $850 $1,500 $1,500 0.00% 4490 HALLOWEEN BONFIRE $1,277 $1,902 $1,500 $1,500 0.00% 4490 FIREWORKS $4,000 $4,000 $4,000 $4,000 0.00% 4490 SUNDRY EXPENSES $2,344 $3,127 $2,500 $3,000 20.00% TOTAL OTHER CHARGES $8,904 $9,878 $9,500 $10,000 5.26% 4600 CAPITAL OUTLAY $0 $0 $0 $0 0.00% TOTAL CAPITAL OUTLAY $0 $0 $0 $0 0.00% TOTAL EXPENDITURES $33,275 $34,277 $33,796 $34,315 1.54% CAPITAL OUTLAY ITEMS REQUESTED APPROVED CAT OBJ DESCRIPTION page 92 2013 2014 2015 2016 % ACTUAL ACTUAL BUDGET BUDGET CHANGE ADMINISTRATION 4110 SALARIES-REGULAR $411,360 $428,269 $427,608 $456,314 6.71% 4115 SALARIES-OVERTIME $0 $0 $0 $0 0.00% 4130 SALARIES-TEMPORARY $0 $0 $0 $4,000 0.00% 4131 INSURANCE $78,373 $74,601 $98,794 $98,794 0.00% 4133 WORKERS COMPENSATION $4,517 $5,431 $5,500 $6,875 25.00% 4134 PERA $29,270 $30,052 $33,140 $34,224 3.27% 4135 FICA $32,138 $32,515 $32,712 $34,908 6.71% 4137 EMPLOYEE ASSISTANCE PROGRAM $1,693 $1,693 $1,650 $1,700 3.03% 4136 FLEX BENEFITS $0 $0 $0 $0 0.00% TOTAL HUMAN RESOURCES $557,351 $572,560 $599,404 $636,815 6.24% 4200 RENTALS AND LEASES $267 $237 $500 $400 -20.00% 4209 CITY HALL OCCUPANCY $61,810 $61,810 $61,810 $64,900 5.00% 4210 TELEPHONE $6,375 $5,968 $5,500 $6,200 12.73% 4220 CITY ATTORNEY $5,389 $7,342 $15,000 $12,000 -20.00% 4220 AUDITOR $18,500 $18,750 $19,000 $20,600 8.42% 4220 CODIFIER-LINK TO CITY CODE $500 $500 $600 $600 0.00% 4220 CODIFICATION SERVICES $1,933 $2,182 $3,000 $2,500 -16.67% 4220 MNET ACCESS $1,776 $1,369 $0 $0 0.00% 4220 STAFF TRAINING $1,350 $0 $2,250 $2,250 0.00% 4220 SAFETY TRAINING $250 $350 $2,400 $2,400 0.00% 4220 COUNCIL RECORDING SERVICES $2,494 $2,887 $3,000 $3,000 0.00% 4220 CHECK PROTECTION SERVICE $2,480 $2,490 $2,500 $0 -100.00% 4220 RECORDS MANAGEMENT $7,626 $11,783 $0 $0 0.00% 4220 MISCELLANEOUS $2,823.71 $1,337 $3,000 $8,342 178.07% 4221 RETAINER-CITY ATTORNEY $5,400 $4,700 $5,000 $5,000 0.00% 4221 RETAINER-CITY ENGINEER $13,500 $13,500 $13,500 $13,500 0.00% 4240 LEGAL PUBLICATIONS $1,727 $1,731 $1,700 $1,800 5.88% 4250 LIABILITY AND AUTO INSURANCE $65,510 $67,054 $83,750 $86,000 2.69% 4268 NEWSLETTER $4,469 $6,398 $9,000 $8,000 -11.11% TOTAL CONTRACTUAL SERVICES $204,180 $210,388 $231,510 $237,492 2.58% 4300 OFFICE SUPPLIES $6,351 $6,209 $6,000 $6,500 8.33% 4301 COMPUTER SOFTWARE $0 $0 $0 $0 0.00% 4306 RECRUITMENT COSTS $55 $15 $0 $0 0.00% 4318 POSTAGE $2,145 $2,249 $2,100 $2,300 9.52% 4330 EQUIPMENT REPAIR $2,278 $1,935 $1,600 $2,000 25.00% 4330 SOFTWARE MAINTENANCE $2,007 $1,980 $0 $0 0.00% 4331 MISCELLANEOUS FURNITURE/EQUIP $0 $0 $1,000 $0 -100.00% TOTAL COMMODITIES $12,836 $12,388 $10,700 $10,800 0.93% CAT OBJ DESCRIPTION page 93 4400 CONFERENCES AND SCHOOLS $9,763 $5,377 $11,000 $7,750 -29.55% 4402 BOOKS AND SUBSCRIPTIONS $0 $0 $100 $100 0.00% 4404 MEMBERSHIP DUES $15,030 $15,884 $17,500 $17,500 0.00% 4415 MILEAGE AND AUTO ALLOWANCE $2,480 $2,297 $3,000 $3,000 0.00% 4437 CREDIT CARD FEES $2,202 $2,626 $1,200 $2,600 116.67% 4480 CONTINGENCY $2,594 $26,729 $15,000 $58,685 291.23% WSP ICE ARENA CONTRIBUTION $0 $0 $65,212 $65,212 0.00% 4490 SUNDRY EXPENSE $2,219 $3,207 $2,000 $2,000 0.00% TOTAL OTHER CHARGES $34,289 $56,120 $115,012 $156,847 36.37% 4600 CAPITAL OUTLAY $0 $0 $0 $36,000 0.00% TOTAL CAPITAL OUTLAY $0 $0 $0 $36,000 0.00% TOTAL EXPENDITURES $808,656 $851,456 $956,626 $1,077,954 12.68% CAPITAL OUTLAY ITEMS REQUESTED APPROVED City Hall Smoke Detectors/Security $20,000 Cellular Amplifier $16,000 page 94 2013 2014 2015 2016 % ACTUAL ACTUAL BUDGET BUDGET CHANGE ELECTIONS 4110 SALARIES-REGULAR $19,873 $20,593 $21,482 $22,838 6.31% 4115 SALARIES-OVERTIME $0 $1,460 $0 $2,000 100.00% 4125 SALARIES-ELECTION JUDGES $0 $15,048 $0 $16,500 100.00% 4130 SALARIES-TEMPORARY $0 $0 $0 $0 0.00% 4131 INSURANCE $4,117 $3,631 $6,098 $6,098 0.00% 4134 PERA $1,436 $1,597 $1,665 $1,863 11.89% 4135 FICA $1,483 $1,644 $1,643 $1,900 15.64% TOTAL HUMAN RESOURCES $26,910 $43,973 $30,888 $51,199 65.76% 4220 CONSULTING FEES $0 $2,117 $0 $2,200 100.00% 4240 LEGAL PUBLICATIONS $0 $320 $0 $350 100.00% TOTAL CONTRACTUAL SERVICES $0 $2,436 $0 $2,550 100.00% 4300 OFFICE SUPPLIES $0 $536 $0 $550 100.00% 4318 POSTAGE $0 $797 $0 $850 100.00% 4330 DAKOTA COUNTY SHARED EQUIPMENT $1,625 $1,665 $0 $3,075 100.00% TOTAL COMMODITIES $1,625 $2,997 $0 $4,475 100.00% 4415 MILEAGE AND AUTO ALLOWANCE $157 $223 $200 $250 25.00% 4490 SUNDRY EXPENSE $0 $3,302 $0 $2,300 100.00% 4490 10 NEW VOTING BOOTHS $0 $0 $0 $2,000 100.00% TOTAL OTHER CHARGES $157 $3,525 $200 $4,550 2175.00% 4600 CAPITAL OUTLAY $0 $0 $10,000 $8,925 -10.75% TOTAL CAPITAL OUTLAY $0 $0 $10,000 $8,925 100.00% TOTAL EXPENDITURES $28,692 $52,932 $41,088 $71,699 74.50% CAPITAL OUTLAY ITEMS REQUESTED APPROVED ELECTION EQUIPMENT $8,925 CAT OBJ DESCRIPTION page 95 2013 2014 2015 2016 % ACTUAL ACTUAL BUDGET BUDGET CHANGE IT 4110 SALARIES-REGULAR $73,624 $75,643 $36,513 $39,297 7.62% 4115 SALARIES-OVERTIME $0 $0 $0 $0 0.00% IT STAFF POSITION $0 $0 $0 $15,000 100.00% 4131 INSURANCE $4,574 $8,432 $7,841 $7,841 0.00% 4134 PERA $5,220 $5,494 $2,830 $2,947 4.13% 4135 FICA $5,872 $5,727 $2,793 $3,006 7.63% TOTAL HUMAN RESOURCES $89,290 $95,296 $49,977 $68,091 36.24% 4210 TELEPHONE $0 $50 $0 $1,680 #DIV/0! 4220 WEBSITE COSTS - CIVIC PLUS $1,100 $1,150 $4,000 $0 -100.00% SECURITY AUDIT $0 $0 $1,000 $0 -100.00% CITY ENGINEER $0 $1,212 $2,000 $1,000 -50.00% LOGIS SUPPORT $891 $4,784 $2,000 $5,000 100.00% WEB SERVICES $230 $0 $1,500 $1,500 100.00% OTHER $0 $238 $0 $750 100.00% TOTAL CONTRACTUAL SERVICES $2,221 $7,434 $10,500 $8,250 -21.43% 4301 COMPUTER SOFTWARE AND HARDWARE $5,771 TREND LICENSES $3,553 $2,178 $2,500 $2,500 0.00% OFFICE SUBSCRIPTION/OFFICE 365 $8,479 $7,933 $14,000 $15,500 10.71% COMPUTERS - ADMIN $9,375 $7,155 $4,200 $4,500 7.14% COMPUTERS - PUBLIC WORKS $3,000 -100.00% COMPUTERS - POLICE $1,212 $0 COMPUTER - FIRE/CAD $1,657 $0 WIRELESS CONTROLLER $6,000 100.00% SECURITY CAMERAS $10,000 100.00% BACKUPS/SOFTWARE $3,099 $5,315 $1,700 $3,500 105.88% AIRWATCH $4,140 $2,640 $2,700 2.27% MISC HARDWARE & SOFTWARE $7,043 $2,000 $1,000 -50.00% LASERFICHE $1,809 $8,606 $9,300 8.06% ADDITIONAL LASERFICHE LICENSES $2,000 $1,600 -20.00% BUILDING SECURITY SOFTWARE $1,491 $0 $0 0.00% COMPUTER SOFTWARE - ADMIN $2,100 $2,100 0.00% COMPUTER SOFTWARE - PUBLIC WORKS $1,500 -100.00% ADOBE ACROBAT/PHOTOSHOP $700 100.00% FIRE TECHNOLOGY NEEDS ASSESSMENT $15,000 100.00% ADMIN - PRINTER $600 $600 0.00% WINDOWS SERVER 2012/WINDOWS CAL $1,797 $2,100 $2,100 0.00% EXCHANGE CALS $0 $1,000 100.00% BATTERY BACKUPS $1,000 100.00% OTHER $2,000 100.00% SWITCH - FIRE & PUBLIC WORKS $8,000 -100.00% CELL PHONES - ADMIN $2,500 -100.00% CELL PHONES - PUBLIC WORKS $3,564 -100.00% TOTAL COMMODITIES $32,980 $39,028 $61,010 $81,100 32.93% 4400 CONFERENCES AND TRAINING $50 $609 $2,000 $4,000 100.00% 4402 BOOKS AND SUBSCRIPTIONS $85 $0 $600 $600 0.00% 4404 MEMBERSHIP DUES $0 $290 $0 $0 0.00% 4415 MILEAGE AND AUTO ALLOWANCES $64 $0 $350 $350 0.00% 4490 SUNDRY EXPENSE $476 $0 $0 $0 0.00% TOTAL OTHER CHARGES $676 $899 $2,950 $4,950 67.80% CAT OBJ DESCRIPTION page 96 4600 CAPITAL OUTLAY $6,049 $15,198 $14,000 $16,000 14.29% TOTAL CAPITAL OUTLAY $6,049 $15,198 $14,000 $16,000 14.29% TOTAL EXPENDITURES $131,216 $157,854 $138,437 $178,391 28.86% CAPITAL OUTLAY ITEMS REQUESTED APPROVED 2 SERVERS $16,000 page 97 2013 2014 2015 2016 % ACTUAL ACTUAL BUDGET BUDGET CHANGE POLICE 4110 SALARIES-REGULAR/PATROL $911,270 $946,241 $895,311 $938,353 4.81% 4110 SALARIES-REGULAR/ADMINISTRATION $678,419 $543,473 $751,987 $734,552 -2.32% 4115 SALARIES-OVERTIME/PATROL $103,592 $84,022 $90,500 $90,500 0.00% 4130 SALARIES-TEMPORARY $5,160 $7,014 $10,400 $10,400 0.00% 4131 INSURANCE $292,525 $283,267 $383,328 $374,616 -2.27% 4133 WORKERS COMPENSATION $51,413 $65,314 $68,000 $85,000 25.00% 4134 PERA/PATROL $141,987 $152,958 $150,829 $166,674 10.51% 4134 PERA/ADMINISTRATION $91,995 $77,403 $104,295 $105,900 1.54% 4135 FICA/PATROL $15,125 $15,568 $15,090 $15,714 4.14% 4135 FICA/ADMINISTRATION $13,555 $13,331 $19,739 $19,984 1.24% TOTAL HUMAN RESOURCES $2,305,042 $2,188,593 $2,489,479 $2,541,693 2.10% 4200 RENTALS AND LEASES $53,668 $52,556 $56,100 $63,812 13.75% 4209 CITY HALL OCCUPANCY $72,460 $72,460 $72,460 $76,083 5.00% 4210 TELEPHONE $15,767 $15,683 $19,700 $21,920 11.27% 4220 POST LICENSE RENEWALS $360 $585 $0 $180 100.00% 4220 ATTORNEY FEES $3,028 $4,937 $4,000 $4,000 0.00% 4220 OTHER PROFESSIONAL SERVICES $122 $9,309 4222 PROSECUTIONS $66,057 $64,272 $67,500 $70,692 4.73% 4223 OTHER CONTRACTUAL SERVICES DCC PUBLIC SAFETY BONDS $9,668 $735 $10,500 100.00% BCA DEPARTMENT ACCESS CHARGE $0 $0 $1,080 $1,080 0.00% BCA MOBILE ACCESS CHARGE $2,880 $2,880 $2,880 $2,880 0.00% DTSCP $0 $0 $0 $0 0.00% PRO PHOENIX RMS $14,216 $13,824 $21,296 $21,300 0.02% AIRCARD/NETMOTION $3,679 $3,346 $3,000 $3,000 0.00% LOGIS-APS TICKET WRITER $0 $0 $2,139 $2,134 -0.23% LOGIS-APPLICATION SUPPORT $26,028 $27,264 $17,464 $18,653 6.81% LOGIS-SYSTEM DEVELOPMENT $1,420 $1,492 $1,548 $1,548 0.00% LOGIS INET $50 $446 $9,819 $10,188 3.76% LOGIS ANY CONNECT/MAPS $0 $0 $1,650 $1,650 0.00% LEASE LINE MN OFFICE TECH GROUP $1,510 $1,504 $0 $3,360 100.00% CJIIN $9,131 $9,238 $9,750 $14,000 43.59% INT. ASSOCIATION OF POLICE CHIEFS $0 $0 $850 $850 0.00% AUTOMATED PAWN $204 $204 $204 $250 22.55% LEXISNEXIS $618 $718 $2,200 $2,200 0.00% LANGUAGE LINE - INTERPRETER SVCS $283 $55 $400 $500 25.00% OTHER CONTRACTUAL SERVICES $31 $345 $4,000 $4,000 0.00% LOGIS PS ASSESSMENT $0 $42,770 $0 $0 0.00% ELECTRONIC CRIMES TASK FORCE $0 $0 $15,000 $15,000 0.00% 4275 DCC ANNUAL RADIO FEE $8,080 $10,359 $12,380 $12,380 0.00% 4275 DCC ANNUAL FEE $182,092 $201,805 $200,500 $200,320 -0.09% RADIO MAINTENANCE AGREEMENT $1,075 $1,075 $0 $1,800 100.00% TOTAL CONTRACTUAL SERVICES $472,426 $537,863 $525,920 $564,280 7.29% 4300 OFFICE SUPPLIES $4,252 $4,324 $5,000 $5,000 0.00% 4301 COMPUTER SOFTWARE $1,293 $5,526 $46,894 $25,684 -45.23% 4305 OPERATING SUPPLIES $6,606 $20,052 $3,000 $49,570 1552.33% CAT OBJ DESCRIPTION page 98 4305 POLICE RESERVES $3,351 $3,805 $7,500 $3,000 -60.00% 4306 RECRUITMENT COSTS $55 $9,845 $2,500 $4,000 60.00% 4318 POSTAGE $624 $754 $1,000 $1,000 0.00% 4320 GAS AND OIL $60,004 $47,363 $60,000 $60,000 0.00% 4330 EQUIPMENT REPAIR/GENERAL $15,711 $26,230 $30,000 $25,000 -16.67% 4330 EQUIPMENT REPAIR/COPIER $917 $1,697 $2,000 $0 -100.00% 4330 EQUIPMENT REPAIR/CAR SET UP $12,475 $13,236 $18,000 $17,500 -2.78% 4330 SOFTWARE MAINTENANCE $0 $0 $0 $0 0.00% 4331 MISCELLANEOUS FURNITURE/EQUIP $2,419 $10,966 $17,000 $17,000 0.00% TOTAL COMMODITIES $107,705 $143,799 $192,894 $207,754 7.70% 4400 CONFERENCES AND SCHOOLS $38,174 $22,413 $34,000 $34,500 1.47% 4402 BOOKS AND SUBSCRIPTIONS $0 $0 $500 $500 0.00% 4404 MEMBERSHIP DUES $6,190 $9,525 $6,900 $11,019 59.70% 4410 CLOTHING AND EQUIPMENT $19,559 $12,643 $26,890 $25,000 -7.03% 4415 MILEAGE AND AUTO ALLOWANCE $1,500 $1,567 $1,500 $1,500 0.00% 4430 CAR WASHES $3,741 $4,000 $5,000 $5,500 10.00% 4490 SUNDRY EXPENSE $3,503 $3,034 $4,500 $4,500 0.00% 4490 SHREDDING $444 $434 $600 $600 0.00% TOTAL OTHER CHARGES $73,110 $53,615 $79,890 $83,119 4.04% 4610 CAPITAL OUTLAY $15,606 $0 $49,000 $51,685 5.48% TOTAL CAPITAL OUTLAY $15,606 $0 $49,000 $51,685 5.48% TOTAL EXPENDITURES $2,973,890 $2,923,870 $3,337,183 $3,448,531 3.34% CAPITAL OUTLAY ITEMS REQUESTED APPROVED FIREARMS REPLACEMENT $23,000 RESERVE SQUAD PURCHASE $12,185 TASER REPLACEMENT $16,500 page 99 2013 2014 2015 2016 % ACTUAL ACTUAL BUDGET BUDGET CHANGE FIRE 4110 SALARIES-REGULAR/ADMIN $39,953 $40,764 $69,537 $71,483 2.80% 4110 SALARIES-REGULAR/FIREFIGHTERS $143,697 $159,815 $145,176 $148,804 2.50% 4131 INSURANCE $4,350 $4,176 $5,227 $5,227 0.00% 4132 INSURANCE-LONG TERM DISABILITY $2,983 $2,936 $3,000 $3,000 0.00% 4133 WORKERS COMPENSATION $13,240 $20,706 $23,500 $29,375 25.00% 4134 PERA/ADMIN $2,906 $2,972 $3,511 $3,498 -0.37% 4135 FICA/ADMIN $3,041 $3,057 $5,319 $5,469 2.82% 4135 FICA/FIREFIGHTERS $3,508 $3,933 $2,105 $2,158 2.52% TOTAL HUMAN RESOURCES $213,678 $238,359 $257,375 $269,014 4.52% 4200 RENTALS AND LEASES $29 $26 $300 $300 0.00% 4210 TELEPHONE $3,613 $4,161 $3,850 $3,850 0.00% 4211 ELECTRICAL SERVICE $9,228 $8,435 $9,300 $9,300 0.00% 4212 GAS SERVICE $5,796 $7,320 $6,500 $7,200 10.77% PROFESSIONAL SERVICES 4220 AUDIT $5,500 $6,300 $5,000 $6,400 28.00% 4220 LEGAL $0 $249 $2,000 $2,000 0.00% 4220 OTHER PROFESSIONAL SERVICES $39 $0 $1,000 $1,000 0.00% 4244 MEDICAL EXAMS $5,071 $5,955 $5,000 $5,000 0.00% 4268 SNOWPLOW FIREFIGHTER DRIVEWAYS $8,478 $7,991 $6,500 $6,500 0.00% 4268 DEPARTMENT REPORT PRINTING $2,743 $2,823 $3,500 $3,500 0.00% 4268 SCBA MASK FIT TESTING $874 $713 $950 $950 0.00% 4268 AERIAL PUMP TESTING $225 $1,238 $1,500 $1,500 0.00% 4268 OTHER CONTRACT SERVICES $0 $0 $3,200 $3,200 0.00% 4275 DCC ANNUAL FEE $9,584 $6,635 $7,000 $7,000 0.00% 4275 DCC RADIO FEE $6,100 $7,839 $6,300 $6,700 6.35% 4280 RUBBISH COLLECTION $724 $561 $800 $800 0.00% TOTAL CONTRACTUAL SERVICES $58,005 $60,245 $62,700 $65,200 3.99% 4300 OFFICE SUPPLIES $902 $970 $1,700 $1,700 0.00% 4301 COMPUTER SOFTWARE $1,031 $967 $3,040 $3,040 0.00% 4301 COMPUTER HARDWARE $300 $5,400 $5,400 0.00% 4305 OPERATING SUPPLIES BOOTS/BUNKERPANTS/COATS $16,916 $13,447 $16,000 $16,000 0.00% HOSE/NOZZELS/FITTINGS $7,596 $1,260 $6,000 $6,000 0.00% MISCELLANEOUS OPERATING SUPPLIES $17,179 $13,319 $15,300 $15,300 0.00% 4318 POSTAGE $293 $785 $600 $600 0.00% 4320 GAS AND OIL $6,223 $7,421 $7,500 $7,500 0.00% 4330 EQUIPMENT REPAIR COPIER MAINTENANCE $201 $517 $900 $900 0.00% RADIO REPAIRS AND MAINTENANCE $581 $945 $800 $800 0.00% APPARATUS REPAIRS AND MAINTENANCE $21,066 $26,867 $18,000 $18,000 0.00% SCBA SERVICE $0 $0 $3,500 $3,500 0.00% OTHER REPAIRS AND MAINTENANCE $623 $0 $1,800 $1,800 0.00% 4331 EQUIPMENT $750 $0 4335 BUILDING MAINTENANCE $12,683 $8,820 $16,200 $16,200 0.00% TOTAL COMMODITIES $86,045 $75,617 $96,740 $96,740 0.00% CAT OBJ DESCRIPTION page 100 4400 CONFERENCES AND SCHOOLS $12,796 $9,551 $15,000 $15,000 0.00% 4402 BOOKS AND SUBSCRIPTIONS $1,173 $935 $1,400 $1,400 0.00% 4403 TRAINING EXPENSES TRAINING $4,899 $9,468 $4,000 $4,000 0.00% FIRE PREVENTION $3,595 $2,536 $3,000 $3,000 0.00% 4404 MEMBERSHIP DUES $1,142 $1,355 $1,400 $1,400 0.00% 4415 MILEAGE $207 $0 $500 $500 0.00% 4425 WATER SERVICE $1,776 $1,408 $2,500 $2,500 0.00% 4490 SUNDRY EXPENSE $882 $1,168 $1,000 $1,000 0.00% TOTAL OTHER CHARGES $26,470 $26,421 $28,800 $28,800 0.00% 4630 CAPITAL OUTLAY $15,007 $612,907 $29,000 $10,000 -100.00% TOTAL CAPITAL OUTLAY $15,007 $612,907 $29,000 $10,000 100.00% TOTAL EXPENDITURES $399,204 $1,013,549 $474,615 $469,754 -1.02% CAPITAL OUTLAY ITEMS REQUESTED APPROVED AERIAL TRUCK REPAIRS $10,000 page 101 2013 2014 2015 2016 % ACTUAL ACTUAL BUDGET BUDGET CHANGE BUILDING OFFICIAL 4110 SALARIES-REGULAR $46,711 -$462 $0 $0 0.00% 4115 SALARIES-OVERTIME $0 $0 $0 $0 0.00% 4131 INSURANCE $16,631 $0 $0 $0 0.00% 4133 INSURANCE-WORKERS COMPENSATION $455 $570 $0 $0 0.00% 4134 PERA $3,367 $0 $0 $0 0.00% 4135 FICA $2,897 $0 $0 $0 0.00% TOTAL HUMAN RESOURCES $70,062 $108 $0 $0 0.00% 4209 CITY HALL OCCUPANCY COSTS $11,100 $11,100 $11,100 $11,655 5.00% 4210 TELEPHONE $5,212 $5,053 $4,250 $5,150 21.18% 4220 PROFESSIONAL SERVICES $2,132 $1,563 CITY ATTORNEY $668 $300 $500 $500 0.00% CITY ENGINEER/GOPHER ONE $38,340 $29,636 $35,000 $35,000 0.00% 4221 RETAINER-CITY ENGINEER $7,500 $7,500 $7,500 $7,500 0.00% 4231 CONTRACTED INSPECTIONS $18,745 $70,450 $71,500 $85,800 20.00% TOTAL CONTRACTUAL SERVICES $83,696 $125,602 $129,850 $145,605 12.13% 4300 OFFICE SUPPLIES $1,658 $1,242 $1,000 $1,250 25.00% 4305 OPERATING SUPPLIES $160 $332 $500 $350 -30.00% 4318 POSTAGE $856 $913 $325 $875 169.23% 4320 GAS AND OIL $653 $862 $0 $0 0.00% 4330 VEHICLE MAINTENANCE $286 $159 $0 $0 0.00% TOTAL COMMODITIES $3,613 $3,508 $1,825 $2,475 35.62% 4400 CONFERENCES AND TRAINING $500 $0 $500 $500 0.00% 4402 BOOKS AND SUBSCRIPTIONS $0 $0 $250 $250 0.00% 4404 MEMBERSHIP DUES $125 $125 $125 $125 0.00% 4415 MILEAGE AND AUTO ALLOWANCES $116 $0 $0 $0 0.00% 4490 SUNDRY EXPENSES $420 $1,509 $500 $500 0.00% TOTAL OTHER CHARGES $1,161 $1,634 $1,375 $1,375 0.00% 4620 CAPITAL OUTLAY $0 $0 $0 $0 0.00% TOTAL CAPITAL OUTLAY $0 $0 $0 $0 0.00% TOTAL EXPENDITURES $158,532 $130,852 $133,050 $149,455 12.33% CAPITAL OUTLAY ITEMS REQUESTED APPROVED CAT OBJ DESCRIPTION page 102 2013 2014 2015 2016 % ACTUAL ACTUAL BUDGET BUDGET CHANGE PW - STREETS 4110 SALARIES-REGULAR $329,932 $308,189 $328,843 $328,320 -0.16% 4115 SALARIES-OVERTIME $22,898 $25,068 $22,375 $22,375 0.00% 4130 SALARIES-TEMPORARY $0 $0 $5,000 $5,000 0.00% 4131 INSURANCE $79,862 $73,537 $93,044 $93,044 0.00% 4133 WORKERS COMPENSATION $18,290 $25,512 $27,500 $34,375 25.00% 4134 PERA $24,606 $25,420 $27,219 $26,302 -3.37% 4135 FICA $28,063 $27,734 $27,251 $27,211 -0.15% TOTAL HUMAN RESOURCES $503,651 $485,460 $531,232 $536,627 1.02% 4200 RENTALS AND LEASES $5,230 $5,059 $5,500 $5,500 0.00% 4210 TELEPHONE $1,517 $1,674 $1,500 $1,500 0.00% 4211 ELECTRICAL-STREET LIGHTS $20,181 $20,061 $22,000 $22,000 0.00% 4211 ELECTRICAL-PUBLIC WORKS GARAGE $4,217 $4,458 $4,250 $4,250 0.00% 4211 ELECTRICAL-TRAFFIC SIGNALS $3,190 $3,512 $3,250 $3,500 7.69% 4212 GAS SERVICE $5,076 $7,747 $5,500 $7,750 40.91% 4220 PROFESSIONAL SERVICES $1,129 $614 $2,000 $1,200 -40.00% 4220 ENGINEERING FEES $18,146 $14,739 $10,000 $15,000 50.00% 4220 CITY ATTORNEY $451 $0 $600 $600 0.00% 4221 RETAINER-CITY ENGINEER $5,000 $5,000 $5,000 $5,000 0.00% 4224 LABOR NEGOTIATIONS $0 $0 $0 $0 0.00% 4240 LEGAL PUBLICATIONS $0 $69 $0 $0 0.00% 4280 RUBBISH REMOVAL $2,908 $2,902 $3,000 $3,000 0.00% TOTAL CONTRACTUAL SERVICES $67,046 $65,833 $62,600 $69,300 10.70% 4300 OFFICE SUPPLIES $503 $698 $600 $600 0.00% 4305 OPERATING SUPPLIES $12,275 $13,770 $10,000 $12,500 25.00% 4306 RECRUITMENT COSTS $0 $510 $0 $0 0.00% 4318 POSTAGE $30 $409 $50 $50 0.00% 4320 GAS AND OIL $35,300 $30,031 $35,500 $32,500 -8.45% 4330 EQUIPMENT REPAIR $41,621 $65,105 $29,000 $30,000 3.45% 4331 MISC OFFICE/COMPUTER EQUIPMENT $0 $0 $1,000 $1,000 0.00% 4335 PUBLIC WORKS GARAGE MAINTENANCE BUILDING MAINTENANCE $3,882 $2,048 $3,500 $3,000 -14.29% CUSTODIAL SERVICES $1,834 $1,451 $2,000 $1,750 -12.50% 4336 SNOW REMOVAL DAMAGE REPAIR $4,866 $1,614 $5,000 $5,000 0.00% TOTAL COMMODITIES $100,313 $115,636 $86,650 $86,400 -0.29% 4400 CONFERENCES AND SCHOOLS $240 $305 $1,200 $1,200 0.00% 4404 MEMBERSHIP DUES $139 $191 $150 $150 0.00% 4410 CLOTHING AND EQUIPMENT $1,882 $2,130 $1,800 $1,800 0.00% 4415 MILEAGE AND AUTO ALLOWANCE $105 $111 $100 $100 0.00% 4420 STREET SIGNS AND POSTS $6,646 $12,832 $7,000 $9,500 35.71% 4421 SAND AND SALT $203,824 $155,311 $120,000 $135,000 12.50% 4422 STREET MAINTENANCE MATERIAL $28,337 $18,806 $25,000 $25,000 0.00% 4423 CRACK SEALING/CHIP SEALING $102,218 $251,383 $100,000 $100,000 0.00% 4424 STREET SWEEPTING AND STRIPING $32,000 $31,110 $32,000 $32,000 0.00% 4425 WATER SERVICE-PUBLIC WORKS $255 $215 $250 $250 0.00% 4426 BONFIRE CLEAN UP $1,295 $1,049 $1,000 $1,000 0.00% 4490 SUNDRY EXPENSE $223 $488 $250 $250 0.00% 4500 TREE REMOVAL $13,973 $14,535 $12,000 $25,000 108.33% CAT OBJ DESCRIPTION page 103 TOTAL OTHER CHARGES $391,138 $488,466 $300,750 $331,250 10.14% 4620 CAPITAL OUTLAY $359,790 $51,494 $0 $0 0.00% TOTAL CAPITAL OUTLAY $359,790 $51,494 $0 $0 0.00% TOTAL EXPENDITURES $1,421,938 $1,206,889 $981,232 $1,023,577 4.32% CAPITAL OUTLAY ITEMS REQUESTED APPROVED page 104 2013 2014 2015 2016 % ACTUAL ACTUAL BUDGET BUDGET CHANGE PW - PARKS 4110 SALARIES-REGULAR $249,015 $249,582 $253,123 $263,292 4.02% 4115 SALARIES-OVERTIME $11,173 $17,877 $10,000 $10,000 0.00% 4130 SALARIES-TEMPORARY $51,903 $57,529 $45,000 $45,000 0.00% 4131 INSURANCE $54,435 $58,205 $72,658 $72,658 0.00% 4133 WORKERS COMPENSATION $7,052 $10,114 $11,000 $13,750 25.00% 4134 PERA $18,664 $18,655 $20,392 $20,497 0.51% 4135 FICA $25,829 $26,236 $23,572 $24,349 3.30% 4138 UNENPLOYMENT INSURANCE $7,696 $0 $0 $0 0.00% TOTAL HUMAN RESOURCES $425,766 $438,199 $435,745 $449,546 3.17% 4200 RENTALS AND LEASES $8,633 $8,946 $8,500 $8,500 0.00% 4210 TELEPHONE $3,306 $3,383 $3,500 $3,500 0.00% 4211 ELECTRICAL-PW/WARMING HOUSES $4,217 $3,859 $4,000 $4,000 0.00% 4211 ELECTRICAL-COMF. STAT./AERATOR $5,650 $6,202 $5,000 $5,500 10.00% 4212 GAS SERVICE $6,747 $9,267 $7,000 $8,000 14.29% 4220 PROFESSIONAL SERVICES $285 $4,870 ENGINEERING $8,888 $7,032 $4,000 $7,500 87.50% CITY ATTORNEY $74 $75 $0 $0 0.00% HR TRAINING/TESTING $200 $525 $600 $500 -16.67% 4221 RETAINER-CITY ENGINEER $4,000 $4,000 $4,000 $4,000 0.00% 4268 OTHER CONTRACT SERVICES PARK MAINTENANCE $19,183 $20,731 $18,500 $20,000 8.11% CITY NEWSLETTER $2,459 $2,582 $3,000 $2,500 -16.67% 4280 RUBBISH REMOVAL $2,783 $2,440 $2,750 $2,500 -9.09% TOTAL CONTRACTUAL SERVICES $66,426 $73,913 $60,850 $66,500 9.29% 4300 OFFICE SUPPLIES $1,412 $1,084 $1,500 $1,250 -16.67% 4305 OPERATING SUPPLIES $12,286 $16,405 $12,000 $13,000 8.33% 4306 RECRUITMENT COSTS $220 $0 $0 $0 0.00% 4318 POSTAGE $437 $102 $150 $150 0.00% 4320 GAS AND OIL $20,564 $18,402 $21,000 $19,000 -9.52% 4330 EQUIPMENT REPAIRS AND MAINTENANCE EQUIPMENT REPAIRS/MAINTENANCE $29,845 $26,277 $30,000 $30,000 0.00% RECREATION ROCK $0 $1,249 $2,500 $2,500 0.00% WEED CONTROL $0 $2,609 $0 $0 #DIV/0! CHEMICALS AND FERTILIZER $12,673 $9,345 $14,000 $14,000 0.00% WARMING HOUSE/RINK MAINTENANCE $3,400 $842 $3,500 $3,500 0.00% VANDALISM REPAIR $2,630 $0 $3,000 $3,000 0.00% TREE AND LANDSCAPE PLANTINGS $413 $1,264 $2,000 $2,000 0.00% TREE REMOVAL $0 $6,220 $8,500 $15,000 76.47% TOP DRESS BALL FIELDS; NET/PAD INSTALL $0 $5,450 $7,000 $7,000 0.00% PARKS EQUIPMENT $6,487 $0 $10,000 $5,000 -50.00% PARK PLAY EQUIPMENT/REPAIR $706 $699 $2,000 $1,000 -50.00% PLAYGROUND WOOD CHIPS $4,305 $3,844 $10,000 $4,000 -60.00% PICNIC TABLES $0 $0 $500 $500 0.00% TRAIL SWEEPING $0 $0 $2,000 $2,000 0.00% TRAIL MAINTENANCE $8,211 $0 $10,000 $10,000 0.00% STRIPING PAINT/CHALK $2,960 $4,615 $3,000 $3,500 16.67% SPRINKLER REPAIR $3,645 $1,183 $3,500 $3,500 0.00% TENNIS COURT MAINTENANCE $0 $0 $4,000 $4,000 0.00% NURSERY TREES $638 $0 $1,500 $1,500 0.00% ERADICATE INVASIVE PLANTS $11,822 $10,000 $13,000 $11,000 -15.38% CAT OBJ DESCRIPTION page 105 TOWN CENTRE LANDSCAPE MAINT.$0 $0 $3,000 $2,000 -33.33% PILOT KNOB RESTORATION $845 $0 $5,200 $10,050 93.27% ROGERS LAKE AERATION/MAINT.$0 $0 $1,000 $1,000 0.00% ROGERS LAKE WEED CONTROL $1,518 $1,518 $1,500 $1,500 0.00% SOIL/SAND/SEEDS $0 $3,069 $0 $0 0.00% OTHER REPAIRS AND MAINTENANCE $17,428 $2,267 $10,000 $10,000 0.00% 4331 MISC OFFICE/COMPUTER EQUIP $0 $0 $1,000 $1,000 0.00% 4335 BUILDING MAINTENANCE BUILDING MAINTENANCE $3,914 $2,556 $5,500 $3,000 -45.45% CUSTODIAL SERVICES $1,801 $913 $1,800 $1,800 0.00% 4336 DAMAGE REPAIR $13 $0 $0 $0 0.00% TOTAL COMMODITIES $148,171 $119,911 $193,650 $186,750 -3.56% 4400 CONFERENCES AND SCHOOLS $3,930 $8,646 $9,450 $7,250 -23.28% 4404 MEMBERSHIP DUES $474 $550 $500 $500 0.00% 4410 CLOTHING AND EQUIPMENT $1,110 $1,140 $1,100 $1,100 0.00% 4415 MILEAGE AND AUTO ALLOWANCE $220 $274 $250 $250 0.00% 4422 STREET MAINTENANCE MATERIAL $551 $0 $1,500 $1,500 0.00% 4425 WATER SERVICE PUBLIC WORKS $255 $215 $250 $250 0.00% PARKS $17,443 $14,487 $18,000 $18,000 0.00% 4490 SUNDRY EXPENSE $764 $867 $1,000 $1,000 0.00% 4490 COMMISSIONER PER DIEM $2,075 $1,725 $2,100 $2,100 0.00% 4500 TREE REMOVAL $1,671 $0 $0 $0 0.00% TOTAL OTHER CHARGES $28,493 $27,904 $34,150 $31,950 -6.44% 4600 CAPITAL OUTLAY $14,054 $66,053 $37,000 $23,000 -37.84% TOTAL CAPITAL OUTLAY $14,054 $66,053 $37,000 $23,000 -37.84% TOTAL EXPENDITURES $682,910 $725,979 $761,395 $757,746 -0.48% CAPITAL OUTLAY ITEMS REQUESTED APPROVED TURF TRUCKSTER $23,000 page 106 2013 2014 2015 2016 % ACTUAL ACTUAL BUDGET BUDGET CHANGE RECREATION RECREATION 4435 CHEER AMERICA/GYMNASTICS $0 $0 $0 $0 0.00% 4435 MHAA T-BALL $0 $1,155 $3,000 $1,200 -60.00% 4435 SOFTBALL LEAGUES $6,842 $7,219 $7,500 $7,000 -6.67% 4435 TENNIS LESSONS $2,216 $2,171 $2,500 $2,500 0.00% 4435 SUMMER CONCERTS $1,275 $1,500 $2,000 $3,000 50.00% 4435 SAFETY CAMP $675 $1,184 $1,500 $1,500 0.00% 4435 TENNIS TEAM $0 $496 $500 $500 0.00% 4435 SENIORS PROGRAMMING $0 $0 $1,000 $1,000 0.00% 4435 SUMMER PLAYHOUSE $1,122 $1,200 $1,500 $2,000 33.33% 4435 PROGRAM SUPPLIES/EQUIPMENT $0 $6 $1,000 $2,000 100.00% 4435 FIELD TRIPS $3,385 $5,702 $3,500 $4,000 14.29% 4435 SUMMER PLAYGROUND PROGRAM $1,273 $2,768 $3,000 $3,000 0.00% 4435 RECREATION OFFICE SUPPLIES $0 $0 $500 $1,000 100.00% 4435 KIDS FISHING DERBY $575 $982 $1,500 $1,500 0.00% 4435 MHAA CONTRIBUTION $11,245 $10,000 $10,000 $0 -100.00% 4435 YOUTH AND STAFF SHIRTS $0 $850 $500 $500 0.00% 4435 SKATEBOARD CAMPS/CLINICS $0 $2,775 $3,000 $3,000 0.00% 4435 BIKE RODEO $0 $150 $200 $200 0.00% PARK CELEBRATION $15,780 $17,107 $2,500 $3,000 20.00% MISCELLANEOUS $25 $0 $0 $0 0.00% 4436 ONLINE REGISTRATION FEES $1,243 $1,294 $1,500 $1,500 0.00% TOTAL RECREATION CHARGES $45,656 $56,559 $46,700 $38,400 -17.77% CAT OBJ DESCRIPTION page 107 2013 2014 2015 2016 % ACTUAL ACTUAL BUDGET BUDGET CHANGE PLANNING 4110 SALARIES-REGULAR $26,327 $43,864 $47,090 $50,680 7.62% 4115 SALARIES-OVERTIME $0 $0 $0 $0 0.00% 4130 SALARIES-TEMPORARY $0 $0 $0 $0 0.00% 4131 INSURANCE $3,119 $4,686 $13,939 $13,939 0.00% 4133 WORKERS COMPENSATION $0 $0 $0 $0 0.00% 4134 PERA $1,799 $3,186 $3,649 $3,801 4.17% 4135 FICA $2,145 $3,531 $3,603 $3,877 7.60% TOTAL HUMAN RESOURCES $33,390 $55,268 $68,281 $72,297 5.88% 4220 PROFESSIONAL SERVICES CITY PLANNER $0 $4,755 $7,000 $7,000 0.00% COMP PLAN UPDATE $0 $0 $0 $5,000 100.00% CITY ENGINEERING $3,833 $17,260 $8,500 $8,500 0.00% CITY ATTORNEY $4,347 $14,060 $4,000 $4,000 0.00% AIR NOISE CONSULTANT/RELATED $707 $770 $800 $800 0.00% DC RECORDER FEES $1,012 $506 $1,000 $1,000 0.00% PLANNING COMMISSIONER-MINUTES $864 $988 $1,800 $1,800 0.00% RESOLUTION FILING WITH COUNTY $1,317 $596 $1,600 $1,600 0.00% 4221 RETAINER CITY PLANNER $28,800 $0 $0 $0 0.00% CITY ENGINEER $16,000 $16,000 $16,000 $16,000 0.00% 4222 PROSECUTIONS $0 $0 $3,750 $3,750 0.00% 4240 LEGAL PUBLICATIONS $914 $1,707 $900 $900 0.00% TOTAL CONTRACTUAL SERVICES $57,794 $56,642 $45,350 $50,350 11.03% 4300 OFFICE SUPPLIES $982 $695 $1,200 $1,200 0.00% 4318 POSTAGE $317 $711 $1,000 $1,000 0.00% 4330 EQUIPMENT REPAIR - VEHICLE MNTCE $0 $0 $500 $500 0.00% TOTAL COMMODITIES $1,299 $1,407 $2,700 $2,700 0.00% 4400 CONFERENCES AND SCHOOLS $110 $725 $500 $1,000 100.00% 4402 BOOKS AND SUBSCRIPTIONS $0 $42 $100 $100 0.00% 4404 MEMBERSHIP DUES $50 $408 $400 $400 0.00% 4415 MILEAGE AND AUTO ALLOWANCES $159 $122 $300 $300 0.00% 4490 PLANNING COMMISSION PER DIEM $1,475 $1,650 $2,100 $2,100 0.00% 4490 ARC PER DIEM $1,800 $1,750 $2,100 $2,100 0.00% 4490 SUNDRY $243 $128 $400 $400 0.00% TOTAL OTHER CHARGES $3,837 $4,825 $5,900 $6,400 8.47% 4600 CAPITAL OUTLAY $0 $0 $0 $0 0.00% TOTAL CAPITAL OUTLAY $0 $0 $0 $0 0.00% TOTAL EXPENDITURES $96,321 $118,141 $122,231 $131,747 7.79% CAPITAL OUTLAY ITEMS REQUESTED APPROVED CAT OBJ DESCRIPTION page 108 2013 2014 2015 2016 % ACTUAL ACTUAL BUDGET BUDGET CHANGE RECYCLING 4110 SALARIES-REGULAR $13,601 $10,966 $11,772 $12,670 7.63% 4115 SALARIES-OVERTIME $0 $0 $0 $0 0.00% 4130 SALARIES-TEMPORARY $0 $0 $0 $0 0.00% 4131 INSURANCE $2,128 $3,154 $3,485 $3,485 0.00% 4133 WORKERS COMPENSATION $0 $0 $0 $0 0.00% 4134 PERA $895 $797 $912 $950 4.17% 4135 FICA $1,075 $883 $901 $970 7.66% TOTAL HUMAN RESOURCES $17,698 $15,800 $17,070 $18,075 5.89% 4220 COMMUNITY CLEAN UP DAY $6,297 $6,944 $5,000 $7,500 50.00% 4268 CITY NEWSLETTER $344 $482 $700 $700 0.00% TOTAL CONTRACTUAL SERVICES $6,641 $7,426 $5,700 $8,200 43.86% 4300 OFFICE SUPPLIES $0 $0 $0 $0 0.00% 4318 POSTAGE $0 $0 $1,000 $1,000 0.00% TOTAL COMMODITIES $0 $0 $1,000 $1,000 0.00% 4415 MILEAGE AND AUTO ALLOWANCE $28 $0 $100 $100 0.00% 4490 SUNDRY $660 $31 $500 $500 0.00% TOTAL OTHER CHARGES $688 $31 $600 $600 0.00% 4600 CAPITAL OUTLAY $0 $0 $0 $0 0.00% TOTAL CAPITAL OUTLAY $0 $0 $0 $0 0.00% TOTAL EXPENDITURES $25,028 $23,257 $24,370 $27,875 14.38% CAPITAL OUTLAY ITEMS REQUESTED APPROVED NONE CAT OBJ DESCRIPTION page 109 2013 2014 2015 2016 % ACTUAL ACTUAL BUDGET BUDGET CHANGE ANIMAL CONTROL 4110 SALARIES-REGULAR $0 $0 $0 $0 0.00% 4115 SALARIES-OVERTIME $0 $0 $0 $0 0.00% 4130 SALARIES-TEMPORARY $0 $0 $0 $0 0.00% 4131 INSURANCE $0 $0 $0 $0 0.00% 4133 WORKERS COMPENSATION $0 $0 $0 $0 0.00% 4134 PERA $0 $0 $0 $0 0.00% 4135 FICA $0 $0 $0 $0 0.00% TOTAL HUMAN RESOURCES $0 $0 $0 $0 0.00% 4225 IMPOUNDING FEE $4,928 $4,793 $6,500 $6,500 0.00% TOTAL CONTRACTUAL SERVICES $4,928 $4,793 $6,500 $6,500 0.00% 4300 OFFICE SUPPLIES $0 $0 $500 $500 0.00% TOTAL COMMODITIES $0 $0 $500 $500 0.00% 4490 SUNDRY $986 $69 $1,000 $2,000 100.00% TOTAL OTHER CHARGES $986 $69 $1,000 $2,000 100.00% 4600 CAPITAL OUTLAY $0 $0 $0 $0 0.00% TOTAL CAPITAL OUTLAY $0 $0 $0 $0 0.00% TOTAL EXPENDITURES $5,914 $4,862 $8,000 $9,000 12.50% CAPITAL OUTLAY ITEMS REQUESTED APPROVED NONE CAT OBJ DESCRIPTION page 110 ENGINEERING FUND FUND 05 REVENUES REVENUE SOURCE 2013 ACTUAL 2014 ACTUAL 2014 BUDGET 2015 BUDGET 2016 BUDGET % CHANGE CHARGES FOR SERVICES PUBLIC IMPROVEMENT PROJECTS $430,657 $363,708 $520,000 $480,000 $510,000 6.25% MISCELLANEOUS SERVICES $541 $243 $6,000 $6,000 $6,000 0.00% RIGHT OF WAY PERMITS $0 $0 $0 $0 $0 0.00% TOTAL LICENSES AND PERMITS $431,198 $363,951 $526,000 $486,000 $516,000 6.17% INTERFUND TRANSFERS GENERAL FUND RETAINER ADMINISTRATION $13,500 $13,500 $13,500 $13,500 $13,500 0.00% CODE ENFORCEMENT $7,500 $7,500 $7,500 $7,500 $7,500 0.00% ROAD AND BRIDGE $5,000 $5,000 $5,000 $5,000 $5,000 0.00% PARKS $4,000 $4,000 $4,000 $4,000 $4,000 0.00% PLANNING $16,000 $16,000 $16,000 $16,000 $16,000 0.00% GENERAL FUND FEES CODE ENF/FOOTING INSP/GIS $38,340 $29,636 $30,000 $35,000 $35,000 0.00% PLANNING FEES $3,833 $17,260 $8,500 $8,500 $8,500 0.00% OTHER FEES $26,177 $36,755 $14,000 $14,000 $14,000 0.00% IT FEES $0 $0 $2,000 $2,000 $2,000 0.00% UTILITY FUND FEES RETAINER $2,500 $2,500 $2,500 $2,500 $2,500 0.00% SSES $31,335 $53,080 $11,000 $11,000 $11,000 0.00% MISCELLANEOUS $0 $0 $0 $0 $0 0.00% STORM UTILITY RETAINER $1,000 $1,000 $1,000 $1,000 $1,000 0.00% STORM UTILITY FEES $28,045 $20,069 $30,000 $31,500 $35,000 11.11% CITY HALL FUND FEES $0 $0 $5,000 $5,000 $5,000 0.00% WMO FEES $0 $0 $0 $0 $0 0.00% SPECIAL PARK FUND MISC.$0 $0 $2,000 $2,000 $2,000 0.00% INTEREST INCOME $10,000 $10,000 $10,000 $10,000 $10,000 0.00% UNAPPROPRIATED FUND TRANSFER -$8,200 -$8,200 -$8,200 -$8,200 -$8,200 0.00% TOTAL INTERFUND $179,030 $208,100 $153,800 $160,300 $163,800 2.18% TOTAL ENGINEERING FUND REV.$610,228 $572,050 $679,800 $646,300 $679,800 5.18% page 111 2013 2014 2015 2016 % ACTUAL ACTUAL BUDGET BUDGET CHANGE ENGINEERING 4110 SALARIES-REGULAR $341,175 $354,553 $368,888 $380,469 3.14% 4115 SALARIES-OVERTIME $12,599 $13,025 $10,000 $10,000 0.00% 4130 SALARIES-TEMPORARY $9,810 $6,192 $10,000 $10,000 0.00% 4131 INSURANCE $68,062 $68,562 $80,325 $80,325 0.00% 4133 WORKERS COMPENSATION $1,956 $2,737 $2,950 $3,688 25.02% 4134 PERA $25,320 $25,670 $29,364 $29,285 -0.27% 4135 FICA $27,247 $26,955 $29,750 $30,636 2.98% 4139 OPEB $5,712 $5,835 $0 $0 0.00% TOTAL HUMAN RESOURCES $491,882 $503,531 $531,277 $544,403 2.47% 4200 RENTALS AND LEASES $665 $850 $800 $800 0.00% 4209 CITY HALL OCCUPANCY $46,980 $46,980 $46,980 $49,329 5.00% 4210 TELEPHONE $3,920 $3,976 $4,000 $4,000 0.00% 4220 PROFESSIONAL SERVICES CITY AUDIT $3,025 $3,050 $3,050 $3,050 0.00% ASBUILT SCANNING $0 $0 $1,000 $1,000 0.00% OTHER PROFESSIONAL SERVICES $591 $777 $2,000 $2,000 0.00% 4250 LIABILITY AND AUTO INSURANCE $8,663 $8,737 $11,160 $11,160 0.00% TOTAL CONTRACTUAL SERVICES $63,845 $64,370 $68,990 $71,339 3.40% 4300 OFFICE SUPPLIES $1,728 $1,927 $2,500 $2,500 0.00% 4301 COMPUTER SOFTWARE $3,047 $3,241 $3,000 $3,000 0.00% 4305 OPERATING SUPPLIES $513 $735 $700 $700 0.00% 4318 POSTAGE $33 $21 $300 $300 0.00% 4320 GAS AND OIL $1,642 $1,394 $1,650 $1,650 0.00% 4330 EQUIPMENT REPAIR $297 $321 $1,500 $1,500 0.00% 4331 MISCELLANEOUS OFFICE/COMPUTER EQUIPMENT COMPUTER REPLACEMENT $2,947 $2,104 $3,000 $3,000 0.00% MISCELLANEOUS EQUIPMENT $1,179 $0 $1,250 $1,250 0.00% TOTAL COMMODITIES $11,384 $9,744 $13,900 $13,900 0.00% 4400 CONFERENCES AND SCHOOLS $3,371 $3,824 $5,000 $5,000 0.00% 4402 BOOKS AND SUBSCRIPTIONS $139 $18 $250 $250 0.00% 4404 MEMBERSHIP DUES $344 $909 $800 $900 12.50% 4410 CLOTHING AND EQUIPMENT $233 $0 $250 $250 0.00% 4415 MILEAGE AND AUTO ALLOWANCE $803 $937 $800 $900 12.50% 4490 SUNDRY EXPENSE $165 $172 $250 $250 0.00% 4491 DEPRECIATION $4,559 $6,552 $4,550 $4,550 0.00% TOTAL OTHER CHARGES $9,614 $12,412 $11,900 $12,100 1.68% 4620 CAPITAL OUTLAY $0 $0 $40,000 $0 -100.00% TOTAL CAPITAL OUTLAY $0 $0 $40,000 $0 -100.00% TOTAL EXPENDITURES $576,725 $590,056 $666,067 $641,742 -3.65% CAPITAL OUTLAY ITEMS REQUESTED APPROVED CAT OBJ DESCRIPTION page 112 UTILITY FUND FUND 15 REVENUES REVENUE SOURCE 2013 ACTUAL 2014 ACTUAL 2014 BUDGET 2015 BUDGET 2016 BUDGET % CHANGE SEWER RENTAL $1,526,229 $1,594,422 $1,688,531 $1,772,978 $1,861,627 5.00% WATER SURCHARGE TRANSFER $25,000 $0 $25,000 $25,000 $25,000 0.00% SEWER PERMITS $200 $600 $100 $200 $200 0.00% LILYDALE LIFT STATION MAINT.$2,627 $2,500 $3,000 $3,000 $3,000 0.00% MISCELLANSOUS INCOME $11,839 $12,768 $10,000 $10,000 $10,000 0.00% INTERST INCOME $6,182 $10,000 $10,000 $10,000 $10,000 0.00% UNAPPROPRIATED TRANSFER -$11,150 $16,199 -$11,150 -$11,150 -$11,150 0.00% TOTAL UTILITY FUND REVENUE $1,560,927 $1,636,488 $1,725,481 $1,810,028 $1,898,677 4.90% page 113 2013 2014 2015 2016 % ACTUAL ACTUAL BUDGET BUDGET CHANGE SEWER UTILITY 4110 SALARIES-REGULAR $120,432 $122,675 $121,012 $125,763 3.93% 4115 SALARIES-OVERTIME $247 $135 $5,000 $5,000 0.00% 4130 SALARIES-TEMPORARY $6,329 $5,418 $5,500 $5,500 0.00% 4131 INSURANCE $21,754 $22,980 $32,931 $32,931 0.00% 4133 WORKERS COMPENSATION $4,504 $5,938 $6,300 $7,875 25.00% 4134 PERA $8,693 $8,408 $9,766 $9,807 0.42% 4135 FICA $10,646 $10,223 $10,061 $10,424 3.61% 4139 OPEB -$428 $2,285 $0 0.00% TOTAL HUMAN RESOURCES $172,178 $178,062 $190,570 $197,300 3.53% 4200 RENTALS AND LEASES $7,164 $7,305 $7,000 $7,000 0.00% 4209 CITY HALL OCCUPANCY COSTS $0 $0 $6,575 $6,904 5.00% 4210 TELEPHONE $7,088 $6,460 $7,000 $7,000 0.00% 4211 ELECTRIC SERVICE PUBLIC WORKS GARAGE $4,217 $4,159 $4,250 $4,250 0.00% LIFT STATIONS $10,454 $11,955 $10,000 $10,500 5.00% 4212 GAS SERVICE PUBLIC WORKS GARAGE $5,260 $7,746 $5,250 $5,500 4.76% LIFT STATIONS $938 $1,257 $1,000 $1,000 0.00% 4214 SOFTWARE MAINTENANCE $0 $0 $5,000 $5,000 0.00% 4220 PROFESSIONAL SERVICES $6,725 $146 CITY ENGINEER $19,810 $19,950 $11,000 $11,000 0.00% CITY AUDIT $2,555 $2,600 $2,600 $2,600 0.00% IT MANAGER $0 $0 $1,500 $1,500 0.00% TRAINING $250 $350 $350 $350 0.00% 4221 RETAINER-CITY ENGINEER $2,500 $2,500 $2,500 $2,500 0.00% 4250 LIABILITY AND AUTO INSURANCE $6,587 $6,561 $7,000 $7,000 0.00% 4268 CITY NEWSLETTER $492 $689 $500 $550 10.00% 4280 RUBBISH REMOVAL $2,707 $2,662 $2,500 $2,500 0.00% TOTAL CONTRACTUAL SERVICES $76,747 $74,338 $74,025 $75,154 1.53% 4300 OFFICE SUPPLIES $2,096 $1,798 $2,000 $2,000 0.00% 4305 OPERATING SUPPLIES $6,014 $9,077 $4,000 $5,000 25.00% 4305 VOICEMAIL/PHONE UPGRADE $0 $0 $0 $0 -100.00% 4318 POSTAGE $4,822 $4,379 $4,500 $4,500 0.00% 4320 GAS AND OIL $5,096 $4,553 $5,000 $5,000 0.00% 4330 EQUIPMENT REPAIRS AND MAINTENANCE SEWER CLEANING/TELEVISING $32,670 $35,517 $62,000 $62,000 0.00% SEWER LINING $0 $0 $110,000 $110,000 0.00% ROOT CHEMICALS $3,808 $2,148 $4,000 $4,000 0.00% HYDRANT MARKERS $0 $639 $600 $600 0.00% SOFTWARE SUPPORT $806 $795 $2,000 $2,000 0.00% LIFT STATIONS MAINTENANCE $13,770 $17,344 $10,000 $10,000 0.00% MISCELLANEOUS EQUIPMENT REPAIRS $42,080 $21,072 $30,000 $30,000 0.00% 4331 FURNITURE/EQUIPMENT $0 $0 $1,200 $1,200 100.00% 4335 PUBLIC WORKS GARAGE MAINTENANCE BUILDING MAINTENANCE $3,910 $1,671 $3,750 $3,750 0.00% CUSTODIAL SERVICES $1,801 $1,491 $2,000 $2,000 0.00% TOTAL COMMODITIES $116,873 $100,483 $241,050 $242,050 0.41% CAT OBJ DESCRIPTION page 114 4400 CONFERENCES AND SCHOOLS $638 $1,412 $1,500 $2,500 66.67% 4404 MEMBERSHIP DUES $89 $91 $100 $100 0.00% 4410 CLOTHING AND EQUIPMENT $370 $380 $350 $350 0.00% 4415 MILEAGE AND AUTO ALLOWANCE $110 $326 $150 $250 66.67% 4425 WATER SERVICE $255 $215 $250 $250 0.00% 4437 CREDIT CARD FEES $727 $231 $750 $750 0.00% 4449 MWCC CHARGES $991,207 $1,034,517 $1,161,541 $1,164,404 0.25% 4490 SUNDRY EXPENSE $3,835 $6,965 $3,750 $3,750 0.00% 4491 DEPRECIATION $147,867 $161,272 $145,500 $145,500 0.00% 4492 BAD DEBT EXPENSE $13,248 $0 $0 $0 0.00% TOTAL OTHER CHARGES $1,158,345 $1,205,410 $1,313,891 $1,317,854 0.30% 4600 CAPITAL OUTLAY $0 $0 $50,000 $35,000 -30.00% TOTAL CAPITAL OUTLAY $0 $0 $50,000 $35,000 100.00% TOTAL EXPENDITURES $1,524,143 $1,558,293 $1,869,536 $1,867,358 -0.12% CAPITAL OUTLAY ITEMS REQUESTED APPROVED MHR/NORTHLAND LIFT STATION REHAB page 115 STORM WATER UTILITY FUND 29 REVENUES REVENUE SOURCE 2013 ACTUAL 2014 ACTUAL 2014 BUDGET 2015 BUDGET 2016 BUDGET % CHANGE STORM WATER UTILITY FEES $400,812 $402,911 $398,631 $398,631 $398,631 0.00% MISCELLANSOUS INCOME $550 $250,048 $0 $0 $0 0.00% INTEREST INCOME -$2,527 $5,142 $1,500 $1,500 $1,500 0.00% UNAPPROPRIATED TRANSFER -$9,650 -$196,109 -$9,650 -$9,650 -$9,650 0.00% TOTAL STORM UTILITY FUND REVEN $389,185 $461,992 $390,481 $390,481 $390,481 0.00% page 116 2013 2014 2015 2016 % ACTUAL ACTUAL BUDGET BUDGET CHANGE STORM WATER UTILITY 4110 SALARIES-REGULAR $18,433 $18,823 $19,106 $19,894 4.12% 4115 SALARIES-OVERTIME $0 $0 $0 $0 0.00% 4130 SALARIES-TEMPORARY $0 $0 $0 $0 0.00% 4131 INSURANCE $3,444 $3,005 $5,401 $5,401 0.00% 4133 WORKERS COMPENSATION $0 $0 $0 $0 0.00% 4134 PERA $1,337 $1,366 $1,481 $1,492 0.74% 4135 FICA $1,367 $1,388 $1,462 $1,521 4.04% 4139 OPEB -$115 $113 TOTAL HUMAN RESOURCES $24,465 $24,695 $27,450 $28,308 3.13% 4209 CITY HALL COSTS $6,575 $6,575 $6,575 $6,904 5.00% 4214 SOFTWARE MAINTENANCE $0 $0 $200 $200 0.00% 4220 PROFESSIONAL SERVICES CITY AUDIT $960 $975 $975 $975 0.00% WMO MEETINGS $0 $0 $6,000 $6,000 0.00% NPDES ENGINEERING FEES $31,335 $49,036 $31,500 $35,000 11.11% RAIN GARDEN DESIGN/CONSTRUCTION $0 $0 $3,500 $3,500 0.00% SURFACE WATER TREATMENT $0 $0 $5,000 $5,000 0.00% OTHER PROFESSIONAL SERVICES $15,009 $4,720 $2,000 $2,000 0.00% 4221 RETAINER-CITY ENGINEER $1,000 $1,000 $1,000 $1,000 0.00% 4240 LEGAL PUBLICATIONS $43 $105 $250 $250 0.00% TOTAL CONTRACTUAL SERVICES $54,922 $62,411 $57,000 $60,829 6.72% 4300 OFFICE SUPPLIES $0 $0 $250 $250 100.00% 4318 POSTAGE $1 $1 $25 $25 0.00% 4330 EQUIPMENT REPAIR $2,918 $5,350 $3,000 $3,000 0.00% 4337 STORM SEWER MAINTENANCE $24,700 $46,347 $45,000 $45,000 0.00% 4339 POND MAINTENANCE $4,030 $0 $80,000 $80,000 0.00% TOTAL COMMODITIES $31,649 $51,698 $128,275 $128,275 0.00% 4404 MEMBERSHIP DUES $13,519 $18,833 $13,500 $14,000 3.70% 4490 SUNDRY EXPENSE $474 $13 $475 $475 0.00% 4491 DEPRECIATION $31,833 $35,637 $32,000 $32,000 0.00% TOTAL OTHER CHARGES $45,825 $54,482 $45,975 $46,475 1.09% 4600 CAPITAL OUTLAY $0 $0 $225,000 $209,000 -7.11% TOTAL CAPITAL OUTLAY $0 $0 $225,000 $209,000 -7.11% TOTAL EXPENDITURES $156,861 $193,286 $483,700 $472,887 -2.24% CAPITAL OUTLAY ITEMS REQUESTED APPROVED Mendota Road Storm Sewer Improvements $209,000 CAT OBJ DESCRIPTION page 117 PAR 3 REVENUES REVENUE SOURCE 2013 ACTUAL 2014 ACTUAL 2014 BUDGET 2015 BUDGET 2016 BUDGET % CHANGE GREEN FEES $93,202 $83,624 $105,000 $105,000 $110,000 4.76% RECREATION PROGRAMS $30,920 $37,328 $35,000 $35,000 $38,000 8.57% CONCESSIONS $19,773 $17,252 $21,000 $21,000 $22,000 4.76% SUNDRY REVENUE $12,581 $13,123 $100 $0 $0 0.00% INTEREST -$327 $614 $250 $250 $250 0.00% TOTAL PAR THREE FUND REVENUE $156,148 $151,941 $161,350 $161,250 $170,250 5.58% page 118 2013 2014 2015 2016 % ACTUAL ACTUAL BUDGET BUDGET CHANGE PAR 3 4110 SALARIES-ADMIN $22,253 $24,500 $25,043 $26,391 5.38% 4115 SALARIES-OVERTIME (HOLIDAY)$617 $15 $0 $0 0.00% 4110 SALARIES-CLUBHOUSE $26,574 $24,085 $30,000 $30,000 0.00% 4110 SALARIES - MAINTENANCE $0 $13,398 $18,000 $18,000 100.00% 4131 INSURANCE $5,225 $5,876 $7,144 $7,144 0.00% 4133 WORKERS COMPENSATION $974 $1,228 $1,250 $1,563 25.04% 4134 PERA $2,666 $2,977 $4,266 $4,229 -0.87% 4135 FICA $4,805 $4,338 $5,588 $5,691 1.84% 4138 UNEMPLOYMENT $3,390 $0 $0 $0 0.00% 4139 OPEB $1,037 $689 $0 $0 0.00% TOTAL HUMAN RESOURCES $67,541 $77,107 $91,291 $93,018 1.89% 4200 RENTALS AND LEASES $1,424 $2,583 $2,500 $2,600 4.00% 4210 TELEPHONE $1,606 $2,875 $2,000 $2,400 20.00% 4211 ELECTRIC SERVICE CLUBHOUSE $1,107 $707 $1,200 $900 -25.00% MAINTENANCE $3,745 $4,545 $4,000 $4,000 0.00% 4212 GAS SERVICE $639 $890 $700 $1,000 42.86% 4220 PROFESSIONAL SERVICES $25 $216 CITY AUDIT $2,390 $2,425 $2,500 $2,500 0.00% CITY ATTORNEY $102 $0 $0 $0 0.00% CONSULTANT FEE $0 $0 $0 $0 0.00% LIQUOR LICENSE FEES/COMPLIANCE $275 $332 $300 $350 16.67% 4250 LIABILITY AND AUTO INSURANCE $3,249 $3,263 $3,300 $3,500 6.06% 4268 CONTRACT SERVICES GROUNDS MAINTENANCE MGMT $6,000 $5,972 $6,000 $6,000 0.00% GROUNDS MAINTENANCE WAGES $13,355 $0 $0 $0 0.00% CITY NEWSLETTER $295 $413 $400 $400 0.00% 4280 RUBBISH REMOVAL $742 $560 $800 $900 12.50% TOTAL CONTRACTUAL SERVICES $34,953 $24,781 $23,700 $24,550 3.59% 4300 OFFICE SUPPLIES $241 $561 $500 $500 0.00% 4305 GOLF SUPPLIES $1,208 $772 $500 $500 0.00% 4306 RECRUITMENT COSTS $120 $0 $0 $0 0.00% 4310 CONCESSIONS FOOD $1,920 $2,936 $2,000 $2,500 25.00% POP $953 $1,110 $1,500 $1,000 -33.33% BEER $832 $636 $1,000 $1,000 0.00% 4320 GAS AND OIL $2,145 $1,735 $2,500 $2,500 0.00% 4330 REPAIRS AND MAINTENANCE GROUNDSKEEPING EQUIPMENT REPAIR $6,085 $1,275 $7,000 $5,000 -28.57% 4334 COURSE MAINTENANCE $451 $5,222 CHEMICALS AND FERTILIZER $5,004 $3,052 $5,000 $5,000 0.00% IRRIGATION SYSTEM REPAIR $1,254 $1,049 $1,000 $1,000 0.00% COURSE BEAUTIFICATION $64 $147 $1,000 $3,000 200.00% SOIL/SAND $406 $863 $500 $500 0.00% 4335 BUILDING MAINTENANCE $1,841 $5,222 $2,000 $2,000 0.00% TOTAL COMMODITIES $22,523 $24,579 $24,500 $24,500 0.00% CAT OBJ DESCRIPTION page 119 4400 CONFERENCES AND SCHOOLS $49 $250 $100 $100 100.00% 4404 MEMBERSHIP DUES $165 $160 $300 $300 0.00% 4410 CLOTHING AND EQUIPMENT $0 $0 $200 $200 0.00% 4415 MILEAGE AND AUTO ALLOWANCE $125 $7 $200 $200 0.00% 4425 WATER SERVICE $450 $295 $500 $500 0.00% 4427 SEWER SERVICE $1,117 $1,137 $1,200 $1,200 0.00% 4436 ONLINE REGISTRATION FEE $689 $910 $700 $1,000 42.86% 4437 CREDIT CARD FEES $1,842 $1,813 $2,000 $2,000 0.00% 4490 SUNDRY EXPENSE $1,672 $2,067 $2,000 $2,000 0.00% 4480 CONTINGENCY $15,957 $14,770 $0 $0 0.00% 4491 DEPRECIATION $12,736 $10,081 $13,000 $11,000 -15.38% 4500 TREE REMOVAL $0 $0 $0 $0 0.00% TOTAL OTHER CHARGES $34,802 $31,488 $20,200 $18,500 -8.42% 4620 CAPITAL OUTLAY $0 $0 $0 $10,000 0.00% TOTAL CAPITAL OUTLAY $0 $0 $0 $10,000 0.00% TOTAL EXPENDITURES $159,820 $157,955 $159,691 $170,568 6.81% CAPITAL OUTLAY ITEMS REQUESTED APPROVED PURCHASE 4 USED GOLF CARTS $10,000 page 120 CITY OF MENDOTA HEIGHTS 2016 BUDGET 2016 REVENUE PROJECTIONS CITY HALL FUND NO. 8 FUND BALANCE 12/31/2015 $30,000 RENT $215,775 INTEREST $300 $246,075 page 121 2013 2014 2015 2016 % ACTUAL ACTUAL BUDGET BUDGET CHANGE CITY HALL 4110 SALARIES-REGULAR $57,541 $62,450 $58,434 $59,895 2.50% 4115 SALARIES-OVERTIME $0 $0 $0 $0 0.00% 4130 SALARIES-TEMPORARY $0 $0 $0 $0 0.00% 4131 INSURANCE $9,291 $9,350 $17,424 $17,424 0.00% 4133 WORKERS COMPENSATION $1,342 $2,716 $3,300 $4,125 25.00% 4134 PERA $3,997 $4,176 $4,529 $4,492 -0.82% 4135 FICA $4,795 $4,956 $4,470 $4,581 2.48% 4138 UNEMPLOYMENT $0 $0 $0 $0 0.00% 4139 OPEB $644 $793 $0 $0 0.00% TOTAL HUMAN RESOURCES $77,610 $84,442 $88,157 $90,517 2.68% 4210 TELEPHONE $0 $0 $0 $0 0.00% 4211 ELECTRIC SERVICE $24,659 $23,533 $24,500 $24,500 0.00% 4212 GAS SERVICE $8,668 $11,096 $10,000 $10,000 0.00% 4220 PROFESSIONAL SERVICES CITY ENGINEER $3,511 $9,755 $5,000 $5,000 0.00% OTHER PROFESSIONAL SERVICES $75 $0 $0 $0 0.00% 4250 LIABILITY AND AUTO INSURANCE $5,631 $5,684 $6,000 $6,000 0.00% 4280 RUBBISH SERVICE $2,141 $2,172 $2,000 $2,200 10.00% TOTAL CONTRACTUAL SERVICES $44,685 $52,239 $47,500 $47,700 0.42% 4305 COMPUTER $0 $0 $1,200 $1,200 100.00% 4335 BUILDING MAINTENANCE $32,860 $49,246 $45,000 $45,000 0.00% TOTAL COMMODITIES $32,860 $49,246 $46,200 $46,200 0.00% 4404 MEMBERSHIP DUES $50 $0 $50 $50 100.00% 4415 MILEAGE $392 $147 $400 $400 0.00% 4425 WATER SERVICE $3,647 $2,783 $4,000 $4,000 0.00% 4480 CONTINGENCY/RESERVE $0 $0 $10,000 $10,000 0.00% 4490 SUNDRY EXPENSES $156 $0 $250 $250 0.00% 4491 DEPRECIATION $58,772 $57,306 $60,000 $60,000 0.00% TOTAL OTHER CHARGES $63,017 $60,236 $74,700 $74,700 0.00% 4600 CAPITAL OUTLAY $0 $0 $67,000 $0 -100.00% TOTAL CAPITAL OUTLAY $0 $0 $67,000 $0 -100.00% TOTAL EXPENDITURES $218,172 $246,163 $323,557 $259,117 -19.92% CAPITAL OUTLAY ITEMS REQUESTED APPROVED CAT OBJ DESCRIPTION page 122 CITY OF MENDOTA HEIGHTS 2016 BUDGET 2016 REVENUE PROJECTIONS EMERGENCY PREPAREDNESS FUND NO. 7 FUND BALANCE 12/31/2015 $75,000 2016 TAX LEVY $25,000 INTEREST $750 $100,750 page 123 2013 2014 2015 2016 % ACTUAL ACTUAL BUDGET BUDGET CHANGE EMERGENCY PREPAREDNESS 4110 SALARIES-REGULAR $0 $0 $0 $0 0.00% 4115 SALARIES-OVERTIME $0 $0 $0 $0 0.00% 4130 SALARIES-TEMPORARY $0 $0 $0 $0 0.00% 4131 INSURANCE $0 $0 $0 $0 0.00% 4133 WORKERS COMPENSATION $0 $0 $0 $0 0.00% 4134 PERA $0 $0 $0 $0 0.00% 4135 FICA $0 $0 $0 $0 0.00% 4138 UNEMPLOYMENT $0 $0 $0 $0 0.00% TOTAL HUMAN RESOURCES $0 $0 $0 $0 0.00% 4211 ELECTRIC SERVICE $0 $0 $0 $0 #DIV/0! 4220 PROFESSIONAL SERVICES $0 $7,246 $6,000 $7,000 16.67% TOTAL CONTRACTUAL SERVICES $0 $7,246 $6,000 $7,000 16.67% 4305 OPERATING SUPPLIES $180 $0 $1,500 $1,500 0.00% 4330 REPAIRS AND MAINTENANCE $1,738 $654 SIREN MAINTENANCE AGREEMENT $0 $0 $3,750 $4,000 6.67% N95 MASK TESTING $0 $0 $700 $700 0.00% PHSYICALS $0 $0 $2,000 $3,000 50.00% DAKOTA COUNTY SPECIAL OPS $0 $0 $2,500 $3,000 20.00% EOC SUPPLIES $0 $0 $1,500 $2,000 33.33% TOTAL COMMODITIES $1,918 $654 $11,950 $14,200 18.83% 4400 AMEM ANNUAL CONFERENCE $0 $0 $1,200 $1,200 0.00% 4400 TRAINING $390 $100 $5,700 $6,000 5.26% 4400 CONTINGENCY $5,230 $0 $0 $1,000 0.00% 4400 DAKOTA COUNTY EMER. PREP. CMTE.$2,920 $3,476 $3,500 $4,000 14.29% 4400 DRILL CONSULTANT/EXPENSES $0 $0 $0 $0 0.00% 4490 MISCELLANEOUS $7 $74 $500 $1,000 100.00% TOTAL OTHER CHARGES $8,547 $3,650 $10,900 $13,200 21.10% 4620 CAPITAL OUTLAY $0 $0 $9,200 $24,339 164.55% TOTAL CAPITAL OUTLAY $0 $0 $9,200 $24,339 164.55% TOTAL EXPENDITURES $10,465 $11,550 $38,050 $58,739 54.37% CAPITAL OUTLAY ITEMS REQUESTED APPROVED SIREN ESCROW $9,200 PERSONAL PROTECTIVE EQUIPMENT $15,139 CAT OBJ DESCRIPTION page 124 CITY OF MENDOTA HEIGHTS 2016 BUDGET 2016 REVENUE PROJECTIONS FACILITY RESERVE FUND FUND NO. 24 AND 19 FUND BALANCE 12/31/2015 $120,000 2016 TAX LEVY $20,000 2016 INTEREST EARNINGS $1,200 BALANCE AVAILABLE $141,200 EXPENSES FUND BALANCE 12/31/2016 $141,200 DETAIL OF REVENUE DISTRIBUTION AND EXPENSES FACILITIES INFR. REVENUES RESERVE RESERVE (F 24)(F 19) EST. 2015 FUND BALANCE $90,000 $30,000 EST. 2016 RECEIPTS $0 $20,000 EST. 2016 INTEREST $900 $300 EXPENDITURES FACILITY PROJECTS $0 $0 EST. 12/31/2016 FUND BALANCE $90,900 $50,300 page 125 CITY OF MENDOTA HEIGHTS 2016 BUDGET 2016 REVENUE PROJECTIONS FIRE RELIEF FUND NO. 6 FUND BALANCE 12/31/2015 $3,000 2016 TAX LEVY $108,000 2016 FIRE AID $92,000 $203,000 page 126 2013 2014 2015 2016 % ACTUAL ACTUAL BUDGET BUDGET CHANGE FIRE RELIEF 4110 SALARIES-REGULAR $0 $0 $0 $0 0.00% 4115 SALARIES-OVERTIME $0 $0 $0 $0 0.00% 4130 SALARIES-TEMPORARY $0 $0 $0 $0 0.00% 4131 INSURANCE $0 $0 $0 $0 0.00% 4133 WORKERS COMPENSATION $0 $0 $0 $0 0.00% 4134 PERA $0 $0 $0 $0 0.00% 4135 FICA $0 $0 $0 $0 0.00% 4138 UNEMPLOYMENT $0 $0 $0 $0 0.00% TOTAL HUMAN RESOURCES $0 $0 $0 $0 0.00% 4200 RENTALS AND LEASES $0 $0 $0 $0 0.00% TOTAL CONTRACTUAL SERVICES $0 $0 $0 $0 0.00% 4300 OFFICE SUPPLIES $0 $0 $0 $0 0.00% TOTAL COMMODITIES $0 $0 $0 $0 0.00% 4490 FIRE AID $89,922 $90,244 $85,000 $88,000 3.53% 4490 CITY CONTRIBUTION $67,160 $64,660 $90,000 $108,000 20.00% 4490 SUPPLEMENTAL BENEFIT ADMIN $0 $0 $3,000 $4,000 33.33% TOTAL OTHER CHARGES $157,082 $154,904 $178,000 $200,000 12.36% 4600 CAPITAL OUTLAY $0 $0 $0 $0 0.00% TOTAL CAPITAL OUTLAY $0 $0 $0 $0 0.00% TOTAL EXPENDITURES $157,082 $154,904 $178,000 $200,000 12.36% CAPITAL OUTLAY ITEMS REQUESTED APPROVED NONE CAT OBJ DESCRIPTION page 127 CITY OF MENDOTA HEIGHTS 2016 BUDGET 2016 REVENUE PROJECTIONS SPECIAL PARK FUND FUND NO. 10 FUND BALANCE 12/31/2015 $200,000 2016 TAX LEVY $0 2016 INTEREST $2,000 BALANCE AVAILABLE $202,000 page 128 2013 2014 2015 2016 % ACTUAL ACTUAL BUDGET BUDGET CHANGE SPECIAL PARK 4110 SALARIES-REGULAR $0 $0 $0 $0 0.00% 4115 SALARIES-OVERTIME $0 $0 $0 $0 0.00% 4130 SALARIES-TEMPORARY $0 $0 $0 $0 0.00% 4131 INSURANCE $0 $0 $0 $0 0.00% 4133 WORKERS COMPENSATION $0 $0 $0 $0 0.00% 4134 PERA $0 $0 $0 $0 0.00% 4135 FICA $0 $0 $0 $0 0.00% 4138 UNEMPLOYMENT $0 $0 $0 $0 0.00% TOTAL HUMAN RESOURCES $0 $0 $0 $0 0.00% 4220 CITY AUDIT $1,115 $1,125 $1,125 $1,125 0.00% 4220 CITY ENGINEER $0 $0 $2,000 $0 -100.00% TOTAL CONTRACTUAL SERVICES $1,115 $1,125 $3,125 $1,125 -64.00% 4300 OFFICE SUPPLIES $0 $0 $0 $0 0.00% TOTAL COMMODITIES $0 $0 $0 $0 0.00% 4460 CONSTRUCTION COSTS $28,250 $0 $0 $0 0.00% 4490 SUNDRY EXPENSES $1,181 $0 $0 $0 0.00% TOTAL OTHER CHARGES $29,431 $0 $0 $0 0.00% 4620 CAPITAL OUTLAY $54,858 $0 $52,000 $17,000 100.00% TOTAL CAPITAL OUTLAY $54,858 $0 $52,000 $17,000 100.00% TOTAL EXPENDITURES $85,404 $1,125 $55,125 $18,125 -67.12% CAPITAL OUTLAY ITEMS REQUESTED APPROVED HOCKEY BOARDS AT FRIENDLY HILLS PARK $17,000 CAT OBJ DESCRIPTION page 129 CITY OF MENDOTA HEIGHTS 2016 BUDGET 2016 REVENUE PROJECTIONS WATER REVENUE FUND FUND NO. 3 FUND BALANCE 12/31/2015 $375,000 2016 RECEIPTS $250,000 2016 INTEREST $3,750 BALANCE AVAILABLE $628,750 page 130 2013 2014 2015 2016 % ACTUAL ACTUAL BUDGET BUDGET CHANGE WATER REVENUE 4110 SALARIES-REGULAR $0 $0 $0 $0 0.00% 4115 SALARIES-OVERTIME $0 $0 $0 $0 0.00% 4130 SALARIES-TEMPORARY $0 $0 $0 $0 0.00% 4131 INSURANCE $0 $0 $0 $0 0.00% 4133 WORKERS COMPENSATION $0 $0 $0 $0 0.00% 4134 PERA $0 $0 $0 $0 0.00% 4135 FICA $0 $0 $0 $0 0.00% 4138 UNEMPLOYMENT $0 $0 $0 $0 0.00% TOTAL HUMAN RESOURCES $0 $0 $0 $0 0.00% 4220 PROFESSIONAL SERVICES CITY AUDIT $2,555 $2,600 $2,650 $2,650 0.00% OTHER PROFESSIONAL SERVICES $423 $1,136 $0 $0 0.00% TRANSFER TO UTILITY FUND $0 $0 $25,000 $25,000 0.00% TRANSFER TO WATER SYSTEM $0 $0 $275,000 $275,000 0.00% TRANSFER TO GENERAL FUND $0 $0 $3,000 $3,000 0.00% TOTAL CONTRACTUAL SERVICES $2,978 $3,736 $305,650 $305,650 0.00% 4300 OFFICE SUPPLIES $0 $0 $0 $0 0.00% TOTAL COMMODITIES $0 $0 $0 $0 0.00% 4490 SUNDRY EXPENSES $32,852 $0 $0 $0 0.00% TOTAL OTHER CHARGES $32,852 $0 $0 $0 0.00% 4620 CAPITAL OUTLAY $0 $0 $0 $0 0.00% TOTAL CAPITAL OUTLAY $0 $0 $0 $0 0.00% TOTAL EXPENDITURES $35,830 $3,736 $305,650 $305,650 0.00% CAPITAL OUTLAY ITEMS REQUESTED APPROVED NONE CAT OBJ DESCRIPTION page 131 CITY OF MENDOTA HEIGHTS 2016 BUDGET DEBT SUMMARY IMPROVEMENT BONDS 2015 LEVY 2016 LEVY END DATE 2006 $6,500 $3,400 2/1/2017 2007 $80,400 $0 2/1/2027 2008 $170,572 $0 2/1/2028 2009 $27,300 $26,999 2/1/2020 2010 $41,242 $42,007 2/1/2030 2011 $200,329 $205,946 2/1/2031 2012 $91,067 $91,568 2/1/2032 2013 $119,619 $122,453 2/1/2034 2014 Refunding $0 $83,254 2/1/2027 2014 $0 $79,365 2/1/1935 2015 Refunding $0 $167,760 2/1/2028 TOTAL $737,029 $822,752 EQUIPMENT CERTIFICATES 2015 LEVY 2016 LEVY END DATE FIRE TRUCK $55,066 $53,765 2/1/2020 DUMP TRUCK $0 $24,662 PAR THREE BONDS 2015 LEVY 2016 LEVY END DATE PAR THREE $267,887 $240,266 2/1/2023 GRAND TOTAL $1,059,982 $1,141,446 page 132 2013 2014 2015 2016 % ACTUAL ACTUAL BUDGET BUDGET CHANGE STREET LIGHT MAINTENANCE 4110 SALARIES-REGULAR $0 $0 $0 $0 0.00% 4115 SALARIES-OVERTIME $0 $0 $0 $0 0.00% 4130 SALARIES-TEMPORARY $0 $0 $0 $0 0.00% 4131 INSURANCE $0 $0 $0 $0 0.00% 4133 WORKERS COMPENSATION $0 $0 $0 $0 0.00% 4134 PERA $0 $0 $0 $0 0.00% 4135 FICA $0 $0 $0 $0 0.00% 4138 UNEMPLOYMENT $0 $0 $0 $0 0.00% TOTAL HUMAN RESOURCES $0 $0 $0 $0 0.00% 4211 ELECTRICAL SERVICES $14,955 $11,369 $17,500 $17,500 0.00% 4220 PROFESSIONAL SERVICES $0 $0 $500 $500 0.00% TOTAL CONTRACTUAL SERVICES $14,955 $11,369 $18,000 $18,000 0.00% 4330 REPAIRS AND MAINTENANCE $9,587 $13,197 $15,000 $15,000 0.00% TOTAL COMMODITIES $9,587 $13,197 $15,000 $15,000 0.00% 4490 SUNDRY EXPENSES $0 $0 $0 $0 0.00% TOTAL OTHER CHARGES $0 $0 $0 $0 0.00% 4620 CAPITAL OUTLAY $0 $0 $0 $0 0.00% TOTAL CAPITAL OUTLAY $0 $0 $0 $0 0.00% TOTAL EXPENDITURES $24,542 $24,566 $33,000 $33,000 0.00% CAPITAL OUTLAY ITEMS REQUESTED APPROVED NONE CAT OBJ DESCRIPTION page 133 page 134 2016 2017 2018 2019 2020 2021 2022 Not In Plan Streets Kensington Neighborhood Rehabilitation 740,000.00$ Warrior Drive Rehabilitation 358,000.00$ Marie Avenue Rehabilitiation 2 911,000.00$ CenterPoint/Commerce Rehabiltation 1,232,000.00$ Mendota Heights Road Rehabilitation 2 610,000.00$ Mendota Road Reconstruct 1,114,000.00$ Wesley Neighborhood Rehabilitation 517,000.00$ Sylvandale Neighborhood Rehabilitation 1,066,000.00$ South Plaza Drive/Mendakota Court Rehabilitation 744,000.00$ Avanti/Twin Circle Rehabilitation 700,000.00$ Victoria Curve/Dakota Drive/Carmen Lane Reconstruction 1,200,000.00$ Friendly Hills Water Main 2,170,000.00$ Brompton/Winston Water Main 775,000.00$ 1,472,000.00$ 1,350,000.00$ 1,428,000.00$ 1,232,000.00$ 1,066,000.00$ 1,444,000.00$ 1,200,000.00$ 2,945,000.00$ Sanitary Sewer Mendota Heights Road/Northland Lift Station Rehabilitation 35,000.00$ Ridge Place Sewer Main Reconstruction 315,000.00$ 35,000.00$ 315,000.00$ -$ -$ -$ -$ -$ -$ Storm Sewer IVC Stream Bank Repair 96,000.00$ Mendota Road Reconstruct 200,000.00$ Lake Augusta Alum Treatment 35,000.00$ Mendota Heights Road Rehabilitation 2 10,000.00$ Kensinngton Rehabilitation 5,000.00$ Cherokee Heights Culvert Repair 40,000.00$ Marie Avenue 2 Rehabilitation 5,000.00$ Wesley Neighborhood Rehabilitation 5,000.00$ CenterPoint/Commerce Rehabiltation 32,000.00$ Sylvandale Neighborhood Rehabilitation 5,000.00$ South Plaza Drive/Mendakota Court Rehabilitation 5,000.00$ Avanti/Twin Circle Rehabilitation 5,000.00$ Victoria Curve/Dakota Drive/Carmen Lane Reconstruction 50,000.00$ 331,000.00$ 55,000.00$ 10,000.00$ 32,000.00$ 5,000.00$ 10,000.00$ 50,000.00$ -$ Parks/Trails Hockey Board Replacement - Friendly Hills Park 25,000.00$ Warming House Replacement - Friendly Hills Park 35,000.00$ Warming House Replacement - Wentworth Park 35,000.00$ Reroof Park Pavilions 60,000.00$ Marie Avenue 2 Trail Rehabilitation 70,000.00$ Mendota Heights 2 Road Trail Rehabilitation 73,000.00$ Dodd Road Trail - Market Street to Marie Avenue 292,000.00$ Tennis Court Rehabilitation - Marie Park 10,000.00$ Basketball Court Rehabilitation - Mendakota Park 15,000.00$ Dodd Road Trail - Mendota Heights Road to I-494 200,000.00$ 85,000.00$ 425,000.00$ 70,000.00$ 35,000.00$ -$ -$ -$ 200,000.00$ page 135 Water Mendota Road Reconstruct 38,000.00$ Mendota Heights Road Rehabilitation 2 5,000.00$ Marie Avenue Rehabilitiation 2 5,000.00$ Kensington Neighborhood Rehabilitation 5,000.00$ CenterPoint/Commerce Rehabiltation 9,000.00$ Wesley Neighborhood Rehabilitation 5,000.00$ South Plaza Drive/Mendakota Court Rehabilitation 5,000.00$ Avanit/Twin Circle Rehabilitation 7,500.00$ Sylvandale Neighborhood Rehabilitation 10,000.00$ Victoria Curve/Dakota Drive/Carmen Lane Reconstruction 15,000.00$ Friendly Hills Water Main 2,050,000.00$ Brompton/Winston Water Main 525,000.00$ 38,000.00$ 10,000.00$ 10,000.00$ 9,000.00$ 10,000.00$ 12,500.00$ 15,000.00$ 2,575,000.00$ City Hall/Facilities Generator Replacement (city hall)60,000.00$ Alarm System Upgrade (city hall)11,000.00$ Replace Boiler & Pumps (city hall)70,000.00$ Sidewalk/Concrete/Parking Lot Replacement (city hall)165,000.00$ Air Handler Replacement (1) (city hall) - per unit (5)20,000.00$ 20,000.00$ Parking Lot Upgrade/Expansion (city hall/police dept)75,000.00$ Electrical/Lighting Upgrade (cityhall/police)15,000.00$ Telephone Network Upgrade (cityhall/IT/police dept)25,000.00$ City Hall Smoke Detector/Security (city hall/police dept)20,000.00$ LOGIS Backup Solution (IT)9,750.00$ LOGIS Server Hosting (IT)8,100.00$ Email Exchange (IT)10,000.00$ File Server - City & Police (IT)6,000.00$ Laserfiche (IT)12,000.00$ Security Cameras (IT)10,000.00$ Fire Hall Door Security System (Fire/IT)5,000.00$ Backup Equipment - if not moved to cloud (IT)10,000.00$ Switch - Server Room (IT)15,000.00$ Video - Building & Squads (IT)12,000.00$ Fire Network (IT)5,000.00$ Public Works Network (IT)5,000.00$ HVAC System - Vehicle Bay (public works)15,000.00$ Salt Storage Facility (public works)120,000.00$ Fence (public works)27,000.00$ Carpet/Furniture (fire)10,000.00$ Apparatus Room HVAC (fire)20,000.00$ Extractor (fire)10,000.00$ Emergency Generator (fire)45,000.00$ 61,000.00$ 145,850.00$ 250,000.00$ 132,000.00$ 162,000.00$ -$ -$ 85,000.00$ Equipment Replace Snow Plow (streets)200,000.00$ Back Hoe (streets)90,000.00$ page 136 Wing/Plow Quick Connect for Loader (Streets)15,000.00$ Full-Ton Pickup Truck with Dump Box and Plow (streets)60,000.00$ Xmark Mower (parks)15,000.00$ Turf Truckster (parks)23,000.00$ full-Ton Pickup Truck with Dump Box and Plow (parks)60,000.00$ Chief's Vehicle (police)38,500.00$ Cell Coverage Enhancement (admin)16,000.00$ Handguns (police)23,000.00$ Tasers (police)16,500.00$ Reserve Squad (police)12,185.00$ Radio Replacements (police)50,000.00$ Investigator's Vehicle (police)35,500.00$ SRO Vehicle (police)36,750.00$ Unmarked Squad Replacement (police)35,000.00$ Drug Task Force Car (police)10,000.00$ Replace Chief 1 Tahoe (fire)30,000.00$ Replace Rescue 10 (fire)350,000.00$ 21 Portable Radios (fire)80,000.00$ 11 Mobile Radios (fire)49,500.00$ Ladder 10 Aerial Ladder Repair (fire)10,000.00$ Community Sign (fire)25,000.00$ 300,685.00$ 309,000.00$ 551,250.00$ 95,000.00$ -$ -$ -$ 25,000.00$ 2,322,685.00$ 2,609,850.00$ 2,319,250.00$ 1,535,000.00$ 1,243,000.00$ 1,466,500.00$ 1,265,000.00$ 5,830,000.00$ On Hold Due to Facility Study page 137 General Levy Bond Sales MSA Assessments Sanitary Sewer Storm Sewer Water Special Park City Hall Other Totals 2016 Warrior Drive Rehabilitation 182,000.00$ 168,000.00$ 8,000.00$ 358,000.00$ Mendota Road Reconstruct 512,000.00$ 450,000.00$ 152,000.00$ 200,000.00$ 38,000.00$ 1,352,000.00$ Mendota Heights Road/Northland Lift Station Rehabilitation (sewer)35,000.00$ 35,000.00$ IVC Stream Bank Repair 96,000.00$ 96,000.00$ Lake Augusta Alum Treatment 35,000.00$ 35,000.00$ Hockey Board Replacement - Friendly Hills Park 25,000.00$ 25,000.00$ Reroof Park Pavilions 60,000.00$ 60,000.00$ Replace Snow Plow (streets)200,000.00$ 200,000.00$ Turf Truckster (parks)23,000.00$ 23,000.00$ Handguns (police)23,000.00$ 23,000.00$ Tasers (police)16,500.00$ 16,500.00$ Reserve Squad (police)12,185.00$ 12,185.00$ Cell Coverage Enhancement (admin)16,000.00$ 16,000.00$ Telephone Network Upgrade (city hall/IT/police)25,000.00$ 25,000.00$ City Hall Smoke Detectors/Security (city hall/police)20,000.00$ 20,000.00$ Email Exchange (IT)10,000.00$ 10,000.00$ File Server - City & Police (IT)6,000.00$ 6,000.00$ Ladder 10 Aerial Ladder Repair (fire)10,000.00$ 10,000.00$ 336,685.00$ 694,000.00$ 450,000.00$ 320,000.00$ 35,000.00$ 339,000.00$ 38,000.00$ 85,000.00$ -$ 25,000.00$ 2,322,685.00$ 2017 Mendota Heights Road Rehabilitation 2 238,000.00$ 148,000.00$ 224,000.00$ 10,000.00$ 5,000.00$ 625,000.00$ Mendota Heights Road Trail Rehabilitation 2 73,000.00$ 73,000.00$ Kensington Estates Neighborhood Rehabilitation 370,000.00$ 370,000.00$ 5,000.00$ 5,000.00$ 750,000.00$ Cherokee Heights Culvert Repair 40,000.00$ 40,000.00$ Ridge Place Sanitary Sewer Reconstruction 315,000.00$ 315,000.00$ Dodd Road Trail - Maple to Marie 292,000.00$ 292,000.00$ Warming House Replacement Friendly Hills Park 35,000.00$ 35,000.00$ Back Hoe (streets)90,000.00$ 90,000.00$ Wing/Plow Quick Connect for Loader (streets)15,000.00$ 15,000.00$ Tennis Court Rehabilitation - Marie Park 10,000.00$ 10,000.00$ Basketball Court Rehabilitation - Mendakota Park 15,000.00$ 15,000.00$ Radio Replacements (police)50,000.00$ 50,000.00$ Chief's Vehicle (police)38,500.00$ 38,500.00$ Investigator Vehicle (police)35,500.00$ 35,500.00$ LOGIS Backup Solution (IT)9,750.00$ 9,750.00$ LOGIS Server Hosting (IT)8,100.00$ 8,100.00$ Laserfiche (IT)12,000.00$ 12,000.00$ Security Cameras (IT)10,000.00$ 10,000.00$ Fire Hall Door Security System (Fire/IT)5,000.00$ 5,000.00$ 21 Portable Radios (fire)80,000.00$ 80,000.00$ Electrical/Lighting Upgrade (cityhall/police)15,000.00$ 15,000.00$ Generator Replacement (city hall)60,000.00$ 60,000.00$ Alarm System Upgrade (city hall)11,000.00$ 11,000.00$ HVAC System - Vehicle Bay (public works)15,000.00$ 15,000.00$ 368,850.00$ 681,000.00$ 440,000.00$ 594,000.00$ 315,000.00$ 55,000.00$ 10,000.00$ 60,000.00$ 86,000.00$ -$ 2,609,850.00$ page 138 2018 Marie Avenue Rehabilitiation 2 490,000.00$ 330,000.00$ 91,000.00$ 5,000.00$ 5,000.00$ 921,000.00$ Marie Avenue Trail Rehabilitiation 2 70,000.00$ 70,000.00$ Wesley Neighborhood Rehabilitation 267,000.00$ 250,000.00$ 5,000.00$ 5,000.00$ 527,000.00$ Xmark Mower (parks)15,000.00$ 15,000.00$ Full-Ton Pickup Truck with Dump Box and Plow (streets)60,000.00$ 60,000.00$ X-Mark Mower (parks)15,000.00$ 15,000.00$ Drug Task Force Vehicle (police)10,000.00$ 10,000.00$ SRO Vehicle (police)36,750.00$ 36,750.00$ Public Web (IT)8,000.00$ 8,000.00$ Backup Equipment - if not moved to cloud (IT)10,000.00$ 10,000.00$ Replace Chief 1 (Tahoe) (fire)30,000.00$ 30,000.00$ Replace Rescue 10 (fire)350,000.00$ 350,000.00$ 11 Mobile Radios (fire)49,500.00$ 49,500.00$ Sidewalk/Concrete/Parking Lot Replacement (city hall)165,000.00$ 165,000.00$ Parking Lot Upgrade/Expansion (city hall/police)75,000.00$ 75,000.00$ 584,250.00$ 827,000.00$ 330,000.00$ 341,000.00$ -$ 10,000.00$ 10,000.00$ -$ 240,000.00$ -$ 2,342,250.00$ 2019 CenterPoint/Commerce Rehabiltation 670,600.00$ 450,000.00$ 111,400.00$ 32,000.00$ 9,000.00$ 1,273,000.00$ Warming House Replacement - Wentworth Park 35,000.00$ 35,000.00$ Full-Ton Pickup Truck with Dump Box and Plow (parks)60,000.00$ 60,000.00$ Replace Air Handler (city hall) - 1 of 5 20,000.00$ 20,000.00$ Replace Boiler and Pumps (city hall)70,000.00$ 70,000.00$ Fence (Public Works)18,000.00$ 9,000.00$ 27,000.00$ Unmarked Squad Replacement (police)35,000.00$ 35,000.00$ Switch - Server Room (IT)15,000.00$ 15,000.00$ 128,000.00$ 670,600.00$ 450,000.00$ 111,400.00$ 9,000.00$ 32,000.00$ 9,000.00$ 35,000.00$ 90,000.00$ -$ 1,535,000.00$ 2020 Sylvandale Neighborhood Rehabilitation 693,000.00$ 373,000.00$ 5,000.00$ 10,000.00$ 1,081,000.00$ Replace Air Handler (city hall) - 2 of 5 20,000.00$ 20,000.00$ Salt Storage Facility (Public Works)120,000.00$ 120,000.00$ Video - Building & Squads (IT)12,000.00$ 12,000.00$ Fire Network (IT)5,000.00$ 5,000.00$ Public Works Network (IT)5,000.00$ 5,000.00$ 142,000.00$ 693,000.00$ -$ 373,000.00$ -$ 5,000.00$ 10,000.00$ -$ 20,000.00$ -$ 1,243,000.00$ 2021 Avanti/Twin Circle Rehabilitation 400,000.00$ 300,000.00$ 5,000.00$ 7,500.00$ 712,500.00$ South Plaza Drive/Mendakota Court Rehabilitation 474,000.00$ 270,000.00$ 5,000.00$ 5,000.00$ 754,000.00$ -$ 874,000.00$ -$ 570,000.00$ -$ 10,000.00$ 12,500.00$ -$ -$ -$ 1,466,500.00$ 2022 Victoria Curve/Dakota Drive/Carmen Lane Reconstruction 850,000.00$ 350,000.00$ 50,000.00$ 15,000.00$ 1,265,000.00$ -$ 850,000.00$ -$ 350,000.00$ -$ 50,000.00$ 15,000.00$ -$ -$ -$ 1,265,000.00$ Future Year (funding year/source unidentified) streets page 139 Friendly Hills Water Main 2,170,000.00$ Brompton/Winston Water Main 775,000.00$ parks/trails Dodd Road Trail - Mendota Heights Road to I-494 200,000.00$ water Friendly Hills Water Main 2,050,000.00$ Brompton/Winston Water Main 525,000.00$ facilities Air Handler Replacement (city hall) - 3, 4, 5 of 5 20,000.00$ each Apparatus Room HVAC (fire)20,000.00$ Wash Machine (fire)10,000.00$ Carpet/Furniture (fire)10,000.00$ On Hold Due to Facility Study Emergency Generator (fire)45,000.00$ Community Sign (fire)25,000.00$ page 140 DATE: December 1, 2015 TO: Mayor, City Council and City Administrator FROM: Nolan Wall, AICP Planner SUBJECT: Resolution Approving Preliminary and Final Plat Requests for the Caroline’s Lake View Second Addition BACKGROUND The applicants are requesting preliminary and final plat approval at 2270 Wagon Wheel Court. The properties are part of two different plats and must be replatted. The proposed preliminary and final plats would dissolve Outlot A and create two lots; one containing the existing dwelling and an additional lot for construction of a new single-family dwelling. The applicants recently received building permit approval to remodel the existing dwelling and plan to sell the newly- created parcel to another party to build on in the future. The proposed parcels are compliant with the applicable subdivision and zoning ordinance provisions and Comprehensive Plan. The proposed Concept Plan submitted with the application shows that a potential new dwelling could be constructed on Lot 2 that meets the applicable Code standards and is not meant to bind a future property owner into a specific location or design. Based on the location of the potential building pad, additional permitting would be necessary due to the proximity to the wetland. In this case, since no construction is being proposed on Lot 2 at this time, the future property owners would be responsible for obtaining the necessary permits prior to any applicable development activities. The Planning Commission conducted a public hearing at the November 24 meeting; there were no public comments. BUDGET IMPACT N/A RECOMMENDATION The Planning Commission recommended approval of the preliminary and final plat requests, with conditions, as described in Planning Case 2015-39. If the City Council desires to implement the recommendation, pass a motion adopting RESOLUTION 2015-93 APPROVING A PRELIMINARY AND FINAL PLAT FOR CAROLINE’S LAKE VIEW SECOND ADDITION. This matter requires a simple majority vote. page 141 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2015-93 RESOLUTION APPROVING A PRELIMINARY AND FINAL PLAT FOR CAROLINE’S LAKE VIEW SECOND ADDITION WHEREAS, Boyd Ratchye and Susan Light have applied for a preliminary and final plat for the Caroline’s Lake View Second Addition as proposed in Planning Case 2015-39 and described in Exhibit A; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this matter at their regular meeting on November 24, 2015. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the preliminary and final plat requests as proposed in Planning Case 2015-39 are hereby approved based on the following findings of fact: 1. The proposed requests meet the purpose and intent of the City Code and are consistent with the Comprehensive Plan. 2. The requests are necessary to dissolve an existing outlot so that future access to Wagon Wheel Court is available to Lot 2. 3. The newly-created parcels do not create any non-conformities with the existing dwelling on Lot 1 and would allow for construction of a new single-family dwelling on Lot 2 in compliance with the applicable zoning standards. 4. A wetlands permit for future construction on Lot 2 will require compliance with applicable land disturbance and drainage standards to ensure there are no negative impacts to the surrounding water bodies and environment. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the preliminary and final plat requests as proposed in Planning Case 2015-39 are hereby approved with the following conditions: 1. Park dedication fee in the amount of $2,700, in lieu of land, is collected after City Council approval and before being recorded by Dakota County or issuance of any additional permits by the City. 2. Depending on future access from Wagon Wheel Court or Wagon Wheel Trail, a Public Utility/Improved Public Right-of-Way Fee is paid to the City prior to issuance of a building permit for construction on Lot 2. 3. In the event that future utility connections are made to Wagon Wheel Court, utility connection fees are paid to the City prior to issuance of a building permit for construction on Lot 2. 4. The applicant shall dedicate the following drainage and utility easements on both parcels to be denoted on the Final Plat submitted to Dakota County: 10-foot wide along the front property lines and 5-foot wide along the side and rear property lines. 5. No grading or construction activity on Lot 2 will occur on slopes over 25%. page 142 6. All grading and construction activity on Lot 2 will be in compliance with applicable federal, state, and local regulations and codes, as well as in compliance with the City’s Land Disturbance Guidance Document. 7. A wetlands permit is obtained prior to any applicable development activities on Lot 2. Adopted by the City Council of the City of Mendota Heights this first day of December, 2015. CITY COUNCIL CITY OF MENDOTA HEIGHTS _____________________________ Sandra Krebsbach, Mayor ATTEST: ______________________________ Lorri Smith, City Clerk page 143 DATE: November 24, 2015 TO: Planning Commission FROM: Nolan Wall, AICP Planner SUBJECT: Planning Case 2015-39 Preliminary/Final Plat – Caroline’s Lake View Second Addition APPLICANT: Boyd Ratchye and Susan Light PROPERTY ADDRESS: 2270 Wagon Wheel Court ZONING/GUIDED: R-1 One-Family Residential/LR-Low Density Residential ACTION DEADLINE: February 19, 2016 (120 days) DESCRIPTION OF THE REQUEST The applicants are seeking preliminary and final plat approval to dissolve an outlot and plat an additional lot at 2270 Wagon Wheel Court. The properties are part of two different plats and must be replatted. BACKGROUND The applicants own approximately three acres (131,568 square feet) of land adjacent to Rogers Lake and reside at 2270 Wagon Wheel Court. Their property includes parts of Lots 16 and 17 of the Caroline’s Lake View Addition, platted in 1927, as well as Outlot A of the Kipp Addition, platted in 2001. The subject parcels are bordered by Rogers Lake to the south, Wagon Wheel Court to the west, and wetlands and Wagon Wheel Trail to the north. Wagon Wheel Court was constructed in 2007 and was facilitated by approval of the Kipp Addition Plat. The plat created five single-family lots on the west side of Wagon Wheel Court and Outlot A along the east side of the road. Two of those lots contained pre-existing single-family dwellings with access to Rogers Lake. The applicant’s property containing the existing dwelling was not included in the Kipp Addition, but they have since purchased Outlot A. Since the parcels now owned by the applicants are part of different plats, they need to be replatted in order to facilitate the creation of the new parcels proposed in this case. The proposed preliminary and final plats would dissolve Outlot A and create two lots; one containing the existing dwelling and an additional lot for construction of a new single-family dwelling. The applicants recently received building permit approval to remodel the existing dwelling and plan to sell the newly- created parcel to another party to build on in the future. ANALYSIS Comprehensive Plan The subject parcel is guided LR-Low Density Residential in the 2030 Comprehensive Plan. The applicant’s request to subdivide the subject parcel into two parcels, consisting of approximately 0.71 acres and 2.31 acres, is consistent with the intent of a single-family residential maximum density of 2.9 units per acre. page 144 Preliminary and Final Plat Title 11-3-2 of the City Code (Subdivision Ordinance) allows the subdivision of parcels, provided that the resulting lots are compliant with the requirements of the applicable zoning district. As shown in the table below based on the preliminary and final plat drawings, both proposed parcels and the existing dwelling and potential building pad meet the applicable R-1 District standards: Standard Required Lot 1: Existing Dwelling Lot 2: New Parcel Lot Area 15,000 SF 15,000 SF 30,936 SF 100,632 SF Lot Width1 100 ft. 100 ft. 162.51 ft. 317 ft./258 ft. Front Yard2 Minimum: 30 ft. Corner Lot: (A-30/2) + 30 Lot 1: 30 ft. Lot 2: 39 ft. 47.6 ft. 68 ft. Side Yard3 10 ft. (min.) 15 ft. (max.) 10 ft. (min.) 15 ft. (max.) 40 ft. (west) 25 ft. (east) 210 ft. (west) 43 ft. (east) Rear Yard 30 ft. or 20% of the average lot depth, whichever is greater Lot 1: 42 ft. Lot 2: 89 ft. 67 ft. 163 ft. 1The maximum horizontal distance between the side lot lines of a lot measured within the first thirty feet (30') of the lot depth 2In the case of a building to be erected or extended on a corner lot, the minimum front yard depth shall be increased by an amount not less than one-half (1/2) the depth in excess of thirty feet (30') of the front yard of the nearest building 310' on each side or 1/2 of the height of the structure contiguous to the side yard, whichever is greater, to a maximum of 15' Concept Utility and Grading Plan As shown on the concept utility and grading plan, a potential building pad on Lot 2 could contain a dwelling with driveway and utility access to Wagon Wheel Court or Wagon Wheel Trail. The proposed plan is only required to show that a potential new dwelling could be constructed that meets the applicable Code standards and is not meant to bind a future property owner into a specific location or design. Title 12-2 of the Code requires a wetlands permit for any construction/grading activities or vegetation removal within 100 feet of a wetland or water resource-related area. Based on the location of the potential building pad on Lot 2, additional permitting would be necessary due to the proximity to the wetland. In this case, since no construction is being proposed on Lot 2 at this time, the future property owners would be responsible for obtaining the necessary permits prior to any applicable development activities. According to Title 11-3-8-A of the City Code: Slope Limitations: Subdivision design shall be consistent with limitations presented by steep slopes. Subdivisions shall be designed so that no construction or grading will be conducted on slopes steeper than twenty five percent (25%) in grade. Slopes over 25% on Lot 2 are shown on the plan. The potential building pad is shown outside of this area and is compliant with the Code. A condition of approval is included that prohibits construction or grading on slopes over 25% on Lot 2 as part of future building plans. ALTERNATIVES 1. Recommend approval of the preliminary and final plat requests, based on the attached findings of fact with conditions. OR page 145 2. Recommend denial of the preliminary and final plat requests, based on the findings of fact that the proposed subdivision is inconsistent with the City Code or Comprehensive Plan and will have a negative impact on surrounding properties and natural resources. OR 3. Table the request. STAFF RECOMMENDATION Staff recommends approval of the preliminary and final plat requests based on the attached findings of fact (Alternative 1), with the following conditions: 1. Park dedication fee in the amount of $2,700, in lieu of land, is collected after City Council approval and before being recorded by Dakota County or issuance of any additional permits by the City. 2. Depending on future access from Wagon Wheel Court or Wagon Wheel Trail, a Public Utility/Improved Public Right-of-Way Fee is paid to the City prior to issuance of a building permit for construction on Lot 2. 3. In the event that future utility connections are made to Wagon Wheel Court, utility connection fees are paid to the City prior to issuance of a building permit for construction on Lot 2. 4. The applicant shall dedicate the following drainage and utility easements on both parcels to be denoted on the Final Plat submitted to Dakota County: 10-foot wide along the front property lines and 5-foot wide along the side and rear property lines. 5. No grading or construction activity on Lot 2 will occur on slopes over 25%. 6. All grading and construction activity on Lot 2 will be in compliance with applicable federal, state, and local regulations and codes, as well as in compliance with the City’s Land Disturbance Guidance Document. 7. A wetlands permit is obtained prior to any applicable development activities on Lot 2. MATERIALS INCLUDED FOR REVIEW 1. Site map 2. Site photos 3. Planning applications, including supporting materials page 146 FINDINGS OF FACT FOR APPROVAL Preliminary and Final Plat 2270 Wagon Wheel Court The following Findings of Fact are made in support of approval of the proposed requests: 1. The proposed requests meet the purpose and intent of the City Code and are consistent with the Comprehensive Plan. 2. The requests are necessary to dissolve an existing outlot so that future access to Wagon Wheel Court is available to Lot 2. 3. The newly-created parcels do not create any non-conformities with the existing dwelling on Lot 1 and would allow for construction of a new single-family dwelling on Lot 2 in compliance with the applicable zoning standards. 4. A wetlands permit for future construction on Lot 2 will require compliance with applicable land disturbance and drainage standards to ensure there are no negative impacts to the surrounding water bodies and environment. page 147 72 9 36 9 27 6 199 33 2 16 1 15799 170 145 95 91 87 11 1 103 10 0 66 62 55 26 52 49 71 46 43 44 110 10738 37 3 4 97 31 30 29 28 27 25 24 11 23 22 2120 19 9 18 17 8 1 6 15714 13 12 6 5 10 3 11 25 1 3 21 3 8 11 18 12 170 16 7 2011 18 44 1 5 1 1 8 157 3 0 22 31 19 71 1 7 15 25 1 1 17 23 21 16 16 2270 954 954 2273 2275 954 2270 2270 2257 954 2275 954 WAGON WHEEL TRL WA G O N W H E E L R D Planning Case 2015-392270 Wagon Wheel Court City of Mendota Heights090 SCALE IN FEET GIS Map Disclaimer:This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat,survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information containedin this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errorsor omissions herein. If discrepancies are found, please contact the City of Mendota Heights. Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation. 11/19/2015 page 148 Wagon Wheel Court – looking southeast towards Rogers Lake Wagon Wheel Court – looking northeast towards Wagon Wheel Trail page 149 Wagon Wheel Trail – looking southwest towards Wagon Wheel Court Wagon Wheel Trail – looking southeast towards Rogers Lake page 150 Boyd Ratchye & Susan Light 2270 Wagon Wheel Court Preliminary and Final Plat Request CAROLINES LAKE VIEW SECOND ADDITION Narrative (November 6, 2015) Boyd Ratchye and Susan Light reside at 2270 Wagon Wheel Court. They own approximately 3.02 acres (or 131,568 square feet) lying north of and abutting Roger’s Lake. They currently have a single family home on the south portion of the property. The land is comprised of parts of Lots 16 and 17, Caroline’s Lake View Addition which was platted in 1927 and it includes Outlot A, KIPP ADDITION, platted in 2001. The property is currently zoned R-1. The nature of this application is to request Preliminary and Final Plat approval to split their property into two lots: Lot 1 on the south consisting of 30,936 square feet which would contain their existing house; and Lot 2 on the north consisting of 100,632 square feet on which a new single family home could be built in the future, by a future buyer. The property has about 240 feet of frontage on the shoreline of Roger’s Lake. There is a wetland running along the shoreline of Roger’s Lake as well as a separate wetland in the northeast corner of the property. There is lawn area around the existing house and numerous mature trees on the proposed South Parcel. The proposed North Parcel also contains numerous mature trees along with scrub trees and underbrush. Kipp Addition lies west of the site and was platted in 2001. The remainder of Lot 16 lies to their east. Their property has 283 feet of frontage on Wagon Wheel Trail and also has 455 feet of frontage on Wagon Wheel Court. Preliminary and Final Plat Request The two parcels resulting from this requested plat meet all zoning code requirements for single family parcels in the R-1 district. On Lot 1, containing the existing house, we have shown the required building setbacks. The current house meets all of those setbacks. This lot will be a 30,936 square foot parcel, over twice the required 15,000 square foot minimum in the R-1 district. All improvements on Lot 1 will remain as they have been for decades. The owners are planning an extensive remodel of this house in the near future which will be almost entirely interior remodeling. The house on Lot 1 is currently served by public sewer and water in Wagon Wheel Trail. When the proposed remodel is undertaken the existing home will be connected to sewer and water in Wagon Wheel Court, as shown conceptually on the Concept Utility and Grading Plan in this submittal packet. At that time the current sewer and water services will be cut and plugged and left for the possible use of a house built on Lot 2 sometime in the future. That future home on Lot 2 could, as an alternative, page 151 be connected to utilities in Wagon Wheel Court – whatever the landowner at that time decides, in conjunction with the City of Mendota Heights public works department. A future owner of Lot 2 would also have the choice of which street to access with their driveway - either construct a driveway entrance onto Wagon Wheel Trail or onto Wagon Wheel Court. Lot 2 is being proposed as a site for a future home. We have shown Lot 2 with a conceptual house pad. In discussions with city staff it was confirmed that the new line between Lots 1 and 2 would be considered a side lot line and that the Roger’s Lake shoreline would be the rear lines. Taking the average depth of Lot 2 (from Wagon Wheel Trail to the shoreline) and dividing that by 5 (20%) we get an approximate rear setback from the lake of 89 feet. The building setback lines (BSBL) are shown on the Preliminary Plat. It can be seen that a home could be built in many places on Lot 2d and meet all setback and parcel requirements. We have shown the Wetland District lines (100 feet from the delineated wetlands) on the map as well as the Non Disturb Wetland Buffer (25 feet from the delineated wetlands). We have also shown the slopes on Lot 2 that exceed 25% because these slopes, per ordinance, cannot be built on. The theoretical, conceptual house pad shown on the plan avoids those 25% slopes with its construction and grading. The house pad shown lies within the 100 foot Wetland District. We understand, based upon staff direction and from past experience designing developments in Mendota Heights, that homes can be built within the 100 foot Wetland District. We have also designed a concept grading plan for this potential pad which demonstrates that a house could be built in this general location meeting all requirements for floor elevation, grades, wetland buffers, etc. We understand that this plan will not be construed as limiting future construction to the location or design as it is shown on the plan. We recognize that future construction and/or grading within the 100 foot wetland district would require applying for a Wetlands District Permit at that time. We believe the plan shows that a house consistent with the neighborhood could be constructed in many places on Lot 2 and meet all setbacks. The pad location shown also demonstrates that a house in that position would have a lowest floor elevation more than 3 feet above the Highest Known Elevation of Rogers Lake (as required). We think it is also clear that this Preliminary and Final Plat request, creating one new lot, is consistent with the Comprehensive Plan for Mendota Heights. This area is guided, in the 2030 Comprehensive Plan, for Low Density Residential use. This use calls for a density of 2.9 units per acre. On this site, at 3.01 acres that density could result in almost 9 units. We are only requesting two units (one new lot) in this application. The creation of two single family home lots on this site is consistent with the Comprehensive Plan. Considering all of the above factors we feel it is clear that this request for Preliminary and Final Plat approval is well supported by the current zoning code and comprehensive plan. Thank you for your consideration of this request. Paul McGinley, PLS, for: Boyd Ratchye and Susan Light 2270 Wagon Wheel Court Mendota Heights, MN 55120; 651-686-5238 page 152 page 153 page 154 page 155 page 156 page 157 page 158 page 159 page 160 LOUCKS W: \ 2 0 0 1 \ 0 1 7 9 0 \ C A D D D A T A \ S U R V E Y \ S 0 1 7 9 0 - M a s t e r Pl o t t e d : 1 1 / 0 9 / 2 0 1 5 8 : 4 8 A M 7200 Hemlock Lane, Suite 300 Maple Grove, MN 55369 763.424.5505 www.loucksinc.com PLANNING CIVIL ENGINEERING LAND SURVEYING LANDSCAPE ARCHITECTURE ENVIRONMENTAL CADD files prepared by the Consultant for this project are instruments of the Consultant professional services for use solely with respect to this project. These CADD files shall not be used on other projects, for additions to this project, or for completion of this project by others without written approval by the Consultant. With the Consultant's approval, others may be permitted to obtain copies of the CADD drawing files for information and reference only. All intentional or unintentional revisions, additions, or deletions to these CADD files shall be made at the full risk of that party making such revisions, additions or deletions and that party shall hold harmless and indemnify the Consultant from any & all responsibilities, claims, and liabilities. CADD QUALIFICATION SUBMITTAL/REVISIONS PROFESSIONAL SIGNATURE QUALITY CONTROL 2270 Wagon Wheel Court Mendota Heights Boyd Ratchye & Susan Light 2270 Wagon Wheel Court Mendota Heights, MN 55120 10/22/15 DRAWING ISSUED 11/06/15 CITY COMMENTS Preliminary Plat Paul J. McGinley - PLS License No. Date I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. VICINITY MAP Field Crew Project Lead Drawn By Checked By Loucks Project No. 16099 01-790 PJM JT BS 10/22/15 PRELIMINARY PLAT GENERAL NOTES SURVEYOR:OWNER/DEVELOPER: Loucks, Inc.Boyd Ratchye & Susan Light 7200 Hemlock Lane, Suite 300 2270 Wagon Wheel Court Maple Grove, MN 55330 Mendota Heights, MN 55120 763-424-5505 651-686-5238 LEGAL DESCRIPTION: PARCEL 1: That part of the west 55.00 feet of Lot 17, Caroline's Lake View, according to the plat thereof on file in the office of the County Recorder, Dakota County, Minnesota, described as follows: Commencing at the northeast corner of said West 55.00 feet; thence South 00 degrees 04 minutes 00 seconds East, bearing assumed, along the east line of said west 55.00 feet 393.49 feet to the point of beginning of the parcel to be described; thence continuing southerly along said east line 63.90 feet; thence South 40 degrees 19 minutes 11 seconds West 44.38 feet; thence North 49 degrees 40 minutes 49 seconds West 34.26 feet; thence northeasterly 62.27 feet along a nontangential curve, concave to the west, radius 105.20 feet, central angle 33 degrees 54 minutes 52 seconds, the chord of which has a bearing of North 17 degrees 56 minutes 23 seconds East and a length of 61.36 feet; thence North 0 degrees 58 minutes 57 seconds East 28.39 feet; thence South 61 degrees 35 minutes 28 seconds East 27.28 feet; thence North 81 degrees 09 minutes 10 seconds East 11.59 feet to the point of beginning. AND PARCEL 2: Lot Sixteen (16) excepting therefrom the East Two Hundred ten (210) feet thereof; Lot Seventeen (17) excepting therefrom the West fifty five (55) feet thereof, And excepting from said Lots 16 and 17 any parts lying southwesterly of the following described line: Commencing at the northeast corner of said west 55 feet; thence S. ƒ 04' 00"E., assumed bearing, along the east line of said west 55 feet 457.39 feet; thence S. ƒ 19' 11"W., 44.38 feet; thence S. ƒ 40' 49" E., 37.75 feet more or less to the east line of said west 55 feet, said point being the point of beginning of the line to be described; thence S. ƒ 40' 49" E. to the intersection with the west line of the east 210 feet of said Lot 16 extended southerly, and there terminating, All within Caroline's Lakeview, according to the plat thereof on file and of record in the office of the Register of Deeds within and for Dakota County, Minnesota. AND That part of the west 55 feet of Lot 17, Caroline's Lake View, according to the plat thereof on file in the office of the County Recorder, Dakota County, Minnesota, described as follows: Commencing at the northeast corner of said west 55 feet; thence 6ƒ 04' 00"E., assumed bearing, along the east line of said west 55 feet 457.39 feet to the point of beginning of the parcel to be described; thence S. ƒ 19' 11"W., 44.38 feet; thence S. ƒ 40' 49"E., 37.75 feet, more or less, to the east line of said west 55 feet; thence northerly to the point of beginning and there terminating AND Outlot A, KIPP ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. EXCEPTING THEREFROM That part of said Lot 17 which lies northerly of a line run parallel with and distant 50.00 feet southerly of the following described line: From a point on the north line of Section 35, Township 28 North, Range 23 West, said Dakota County, distant 970.65 feet east of the northwest corner thereof, run southwesterly at an angle of 84 degrees 19 minutes 01 seconds with said north section line for 528.37 feet to the point of beginning of the line to be described; thence deflect to the left at an angle of 95 degrees 36 minutes 37 seconds for 1430.93 feet and there terminating. DATE OF PREPARATION: September 25, 2015 EXISTING ZONING: Zone (R-1) PROPOSED ZONING: Zone (R-1) AREAS: Proposed Lot 1 = 30,936 Sq.Ft. or 0.71 Acres Proposed Lot 2 = 100,632 Sq.Ft. or 2.31 Acres Total= 131,568 Sq.Ft. or 3.02 Acres PROPOSED BUILDING SETBACKS: Front = 30 Feet Side = 10 Feet on each side or 1/2 of the height of the structure contiguous to the side yard, whichever is greater, to a maximum of 15 feet Rear = 30 feet or 20% of the average lot depth, whichever is greater FLOOD ZONE DESIGNATION: This property is contained in unprinted Flood Insurance Rate Map 27037C0085E (no special flood hazard areas). SCALE IN FEET 0 30 60 page 161 LOUCKS KNOW ALL PERSONS BY THESE PRESENTS: That Susan Light and U.S. Bank, National Association, as Trustees of the Susan Light Revocable Trust dated January 9, 2008, as amended, owners of the following described property situated in the County of Dakota, State of Minnesota, to wit: PARCEL1: That part of the west 55.00 feet of Lot 17, Caroline's Lake View, according to the plat thereof on file in the office of the County Recorder, Dakota County, Minnesota, described as follows: Commencing at the northeast corner of said West 55.00 feet, thence South 00 degrees 04 minutes 00 seconds East, bearing assumed, along the east line of said west 55.00 feet 393.49 feet to the point of beginning of the parcel to be described; thence continuing southerly along said east line 63.90 feet; thence South 40 degrees 19 minutes 11 seconds West 44.38 feet; thence North 49 degrees 40 minutes 49 seconds West 34.26 feet; thence northeasterly 62.27 feet along a nontangential curve, concave to the west, radius 105.20 feet, central angle 33 degrees 54 minutes 52 seconds, the chord of which has a bearing of North 17 degrees 56 minutes 23 seconds East and a length of 61.36 feet; thence North 0 degrees 58 minutes 57 seconds East 28.39 feet; thence South 61 degrees 35 minutes 28 seconds East 27.28 feet; thence North 81 degrees 09 minutes 10 seconds East 11.59 feet to the point of beginning. AND PARCEL 2: Lot Sixteen (16) excepting therefrom the East Two Hundred ten (210) feet thereof; Lot Seventeen (17) excepting therefrom the West fifty five (55) feet thereof; And excepting from said Lots 16 and 17 any parts lying southwesterly of the following described line: Commencing at the northeast corner of said west 55 feet; thence S. ƒ 04' ´ E, assumed bearing, along the east line of said west 55 feet 457.39 feet; thence S. ƒ 19' ´ W., 44.38 feet; thence S. ƒ 40' ´ E., 37.75 feet more or less to the east line of said west 55 feet, said point being the point of beginning of the line ot be described; thence S. ƒ  ´ E. to the intersection with the west line of the east 210 feet of said Lot 16 extended southerly, and there terminating, All within Caroline's Lakeview, according to the plat thereof on file and of record in the office of the Register of Deeds within and for Dakota County, Minnesota. AND That part of the west 55 feet of Lot 17, Caroline's Lake View, according to the plat thereof on file in the office of the County Recorder, Dakota County, Minnesota, described as follows: Commencing at the northeast corner of said west 55 feet; thence S. ƒ 04' ´ E., assumed bearing, along the east line of said west 55 feet, 457.39 feet to the point of beginning of the parcel to be described; thence S. ƒ 19' ´ W., 44.38 feet; thence S. ƒ 40' ´ E., 37.75 feet, more or less, to the east line of said west 55 feet; thence northerly to the point of beginning and there terminating. TOGETHER WITH Outlot A, KIPP ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. EXCEPTING THEREFROM That part of the above described parcels (taken for highway purposes and recorded as Parcel 29B in Final Certificate Number 82312) which lies northerly of a line run parallel with and distant 50 feet southerly of the following described line: From a point on the north line of Section 35, Township 28 North, Range 23 West, distant 970.65 feet east of the northwest corner thereof, run southwesterly at an angle of 84 degrees 19 minutes 01 seconds with said north section line for 528.37 feet to the point of beginning of the line to be described; thence deflect to the left at an angle of 95 degrees 36 minutes 37 seconds for 1430.93 feet and there terminating. Have caused the same to be surveyed and platted as CAROLINES LAKE VIEW SECOND ADDITION, and do hereby dedicate to the public for public use forever the drainage and utility easements as created by this plat. In witness whereof said Susan Light, Trustee of the Susan Light Revocable Trust, dated January 9, 2008, as amended, has hereunto set her hand this ______ day of ____________________, 20____. SUSAN LIGHT REVOCABLE TRUST, DATED JANUARY 9, 2008, AS AMENDED ____________________________________ Susan Light, Trustee State of ________________ County of ______________ This instrument was acknowledged before me on ___________________________________ by Susan Light, Trustee of the Susan Light Revocable Trust, Dated January 9, 2008, as amended. _________________________________________ (Signature) _________________________________________ (Printed Name) Notary Public ____________________ County, Minnesota My Commission Expires ___________________ In witness whereof said U.S. Bank, National Association, Trustee of the Susan Light Revocable Trust, Dated January 9, 2008 as amended, has caused these presents to be signed by ______________________________, its ______________________________ and ______________________________, its ______________________________ this ______ day of ____________________, 20____. SUSAN LIGHT REVOCABLE TRUST, DATED JANUARY 9, 2008, AS AMENDED _________________________________________________________________________________ (Signature)(Signature) _________________________________________________________________________________ (Printed Name)(Printed Name) _________________________________________________________________________________ (Title)(Title) State of ________________ County of ______________ This instrument was acknowledged before me this ________ day of _______________________, 20_____ by ______________________________, ______________________________ and ______________________________, ______________________________ of U.S. Bank, National Association, Trustee of the Susan Light Revocable Trust, Dated January 9, 2008 as amended, on behalf of the Association. _________________________________________ (Signed) _________________________________________ (Printed Name) Notary Public ____________________ County, ___________ My Commission Expires ___________________ SURVEYORS CERTIFICATE I, Paul J. McGinley, do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on the plat have been, or will be correctly set within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Dated this _____________ day of __________________, 201___. __________________________________________ Paul J. McGinley, Licensed Land Surveyor Minnesota License No. 16099 State of Minnesota County of Hennepin This instrument was acknowledged before me on ____________________________________ by Paul J. McGinley. _________________________________________ (Signed) _________________________________________ (Printed Name) Notary Public Hennepin County, Minnesota My Commission Expires January 31, 2020 CITY COUNCIL, MENDOTA HEIGHTS, MINNESOTA This plat of CAROLINES LAKE VIEW SECOND ADDITION was approved and accepted by the City Council of the City of Mendota Heights, Minnesota at a regular meeting thereof held this ______ day of ____________________, 20_____, and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2. By ______________________________, Mayor By__________________________________, Clerk COUNTY SURVEYOR Pursuant to Section 383D.65, Minnesota Statutes, and the Dakota County Contiguous Plat Ordinance, this plat has been approved this ______ day of ____________________, 20_____. By: ___________________________________________ Todd B. Tollefson Dakota County Surveyor Secretary, Dakota County Plat Commission BOARD OF COUNTY COMMISSIONERS This plat of CAROLINES LAKE VIEW SECOND ADDITION was approved pursuant to Minnesota Statutes Chapter 505 and pursuant to the Dakota County Contiguous Plat ordinance and approved by resolution of the Board of Commissioners of Dakota County, Minnesota, at a regular meeting of said Board this ______ day of ___________________, 20_____. _____________________________________ __________________________________ Chair, County Board County Treasurer-Auditor DEPARTMENT OF PROPERTY TAXATION AND RECORDS Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable in the year 20_____ on the land hereinbefore described have been paid. Also, pursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes and transfer entered this ______ day of ____________________, 20_____. ________________________________________, Director Department of Property Taxation and Records REGISTRAR OF TITLES, COUNTY OF DAKOTA, STATE OF MINNESOTA I hereby certify that plat of CAROLINES LAKE VIEW SECOND ADDITION was filed in the office of the Registrar of Titles for public record on this ________ day of ________________________, 20_____, at __________ o'clock _____.M., and was duly filed in Book __________ of __________, Pages ________, _________, ________, ________, ________, and ________, as Document Number _____________. __________________________________, Registrar of Titles By _______________________________ page 162 SCALE IN FEET 0 30 60 LOUCKS 1 INCH = 30 FEET page 163 LOUCKS W: \ 2 0 0 1 \ 0 1 7 9 0 \ C A D D D A T A \ C I V I L \ _ d w g S h e e t F i l e s \ C 3 - 1 Pl o t t e d : 1 1 / 0 9 / 2 0 1 5 8 : 5 8 A M 7200 Hemlock Lane, Suite 300 Maple Grove, MN 55369 763.424.5505 www.loucksinc.com PLANNING CIVIL ENGINEERING LAND SURVEYING LANDSCAPE ARCHITECTURE ENVIRONMENTAL CADD files prepared by the Consultant for this project are instruments of the Consultant professional services for use solely with respect to this project. These CADD files shall not be used on other projects, for additions to this project, or for completion of this project by others without written approval by the Consultant. With the Consultant's approval, others may be permitted to obtain copies of the CADD drawing files for information and reference only. All intentional or unintentional revisions, additions, or deletions to these CADD files shall be made at the full risk of that party making such revisions, additions or deletions and that party shall hold harmless and indemnify the Consultant from any & all responsibilities, claims, and liabilities. CADD QUALIFICATION SUBMITTAL/REVISIONS PROFESSIONAL SIGNATURE QUALITY CONTROL 2270 Wagon Wheel Court Mendota Heights Boyd Ratchye & Susan Light 2270 Wagon Wheel Court Mendota Heights, MN 55120 Concept Utility and Grading Plan  4" SANITARY SEWER 1" COPPER  UTILITY SERVICE LEGEND 10/22/15 DRAWING ISSUED 11/06/15 CITY COMMENTS Review Date SHEET INDEX License No. Date I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Todd W. McLouth - PE 20383 Project Lead Drawn By Checked By Loucks Project No. 10/22/15 01-790 PJM DDL/JT PJM BS Slop e s G r e a t e r than 2 5 % page 164 page 165 page 166 Page 1 of 1Print Preview 11/2/2015http://gis.co.dakota.mn.us/dcgis4/WebForms/Print.aspx?img=http://gis.co.dakota.mn.us/C... page 167 Page 1 of 1Print Preview 11/2/2015http://gis.co.dakota.mn.us/dcgis4/WebForms/Print.aspx?img=http://gis.co.dakota.mn.us/C... page 168 DATE: December 1, 2015 TO: Mayor, City Council and City Administrator FROM: Nolan Wall, AICP Planner SUBJECT: Resolution Approving a Lot Line Adjustment and Variance at 754 and 750 Upper Colonial Drive BACKGROUND The property owners of both parcels are seeking to adjust the interior property boundary line to resolve an existing encroachment. The existing dwelling located at 754 Upper Colonial Drive encroaches across the interior property boundary line onto 750 Upper Colonial Drive. In order to resolve the encroachment, both parties have agreed to adjust the interior property boundary line. As a result of the proposed adjustment, side yard setbacks and lot width non-conformities will be brought into conformance on 754 Upper Colonial. However, the existing non-conforming lot width is transferred to 750 Upper Colonial and requires a variance. Practically speaking, approval of the requests would result in the adjustment of lines on a map. The Planning Commission conducted a public hearing at the November 24 meeting; there were no public comments. BUDGET IMPACT N/A RECOMMENDATION The Planning Commission recommended approval of the lot line adjustment and variance requests, with conditions, as described in Planning Case 2015-40. If the City Council desires to implement the recommendation, pass a motion adopting RESOLUTION 2015-94 APPROVING A LOT LINE ADJUSTMENT AND VARIANCE AT 754 AND 750 UPPER COLONIAL DRIVE. This matter requires a simple majority vote. page 169 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2015-94 RESOLUTION APPROVING A LOT LINE ADJUSTMENT AND VARIANCE AT 754 AND 750 UPPER COLONIAL DRIVE WHEREAS, Alan and Gloria Weinblatt and Brian and Jamie Nordin have applied for a lot line adjustment and variance as proposed in Planning Case 2015-40 and described in Exhibit A; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this matter at their regular meeting on November 24, 2015. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the lot line adjustment and variance requests as proposed in Planning Case 2015-40 are hereby approved based on the following findings of fact: 1. The proposed lot line adjustment and variance requests meet the purpose and intent of the City Code and are consistent with the Comprehensive Plan. 2. The purpose of the requests are to resolve an existing encroachment over the interior property boundary line. 3. In order to comply with the required minimum side yard setback standards based on the existing conditions, the non-conforming lot width will be transferred from Lot 9 to Lot 10. 4. The existing conditions were not created by the current property owners and create a practical difficulty in adjusting the interior property boundary line in compliance with the lot width standard in order to address the non-conformities created by the encroachment. 5. Other alternatives to attain compliance that would require removal of portions of the dwelling or acquisition of additional property not owned by the applicants are not practical. 6. Approval of the requests will have no visible impact on either property and will not negatively impact the character of the neighborhood. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the lot line adjustment and variance requests as proposed in Planning Case 2015-40 are hereby approved with the condition that the appropriate documents are recorded with Dakota County. Adopted by the City Council of the City of Mendota Heights this first day of December, 2015. CITY COUNCIL CITY OF MENDOTA HEIGHTS _____________________________ Sandra Krebsbach, Mayor ATTEST: ______________________________ Lorri Smith, City Clerk page 170 DATE: November 24, 2015 TO: Planning Commission FROM: Nolan Wall, AICP Planner SUBJECT: Planning Case 2015-40 Lot Line Adjustment and Variance APPLICANT: Alan and Gloria Weinblatt/Brian and Jamie Nordin PROPERTY ADDRESS: 754 and 750 Upper Colonial Drive ZONING/GUIDED: R-1 One-Family Residential/LR-Low Density Residential ACTION DEADLINE: January 1, 2016 (60 days) DESCRIPTION OF THE REQUEST The property owners of both parcels are seeking to adjust the interior property boundary line to resolve an existing encroachment. The request requires City Council approval before being recorded by Dakota County. In addition, the proposed request requires a variance from the minimum lot width standard. BACKGROUND The properties were platted as Lots 9 and 10, Block 7 of the Cherry Hill Addition Plat in 1960. The existing dwelling located on Lot 9 (Weinblatt/754 Upper Colonial Drive) encroaches across the interior property boundary line onto Lot 10 (Nordin/750 Upper Colonial Drive). In order to resolve the encroachment, both parties have agreed to adjust the interior property boundary line as shown in the attached survey. Lot 9 does not currently meet the R-1 District’s required side yard setback or lot width standards and would be brought into conformance as a result of the proposed adjustment. However, as a result the proposed adjustment, Lot 10’s existing width would become non-conforming and requires a variance. As part of a separate application to be considered on its own merits, the city is requesting a lot split and variances to convey a portion of adjacent city-owned property containing existing encroachments to the owners of Lot 10. If approved and recorded accordingly, Lot 10 would be brought into compliance with the applicable zoning standards. ANALYSIS Comprehensive Plan Both parcels are guided LR-Low Density Residential in the 2030 Comprehensive Plan. The lot line adjustment and variance requests are consistent with the continued single-family residential use of both properties. page 171 Lot Split Title 11-3-2 of the City Code (Subdivision Ordinance) allows the subdivision of parcels, provided that the resulting lots are compliant with the requirements of the applicable zoning district. As shown in the table below based on the attached survey, the proposed lot line adjustment would resolve the existing non- conformities on Lot 9 and create a non-conforming lot width on Lot 10: R-1 Zoning District Lot 9 754 Upper Colonial Lot 10 750 Upper Colonial Standard Existing Proposed Existing Proposed Lot Area 15,000 SF 16,214 SF 17,724 SF 17,887 SF 16,377 SF Lot Width1 100 ft. 98.58 ft. 113.61 ft. 110.7 ft. 95.67 ft. Side Yard Setback2 10 ft. (min.) 15 ft. (max.) 0 ft. 10 ft. 24 ft. 11.48 ft. 1The maximum horizontal distance between the side lot lines of a lot measured within the first thirty feet (30') of the lot depth 210' on each side or 1/2 of the height of the structure contiguous to the side yard, whichever is greater, to a maximum of 15' Based on the height of the existing dwellings contiguous to each side yard shown on the survey, the required minimum setback is 10 feet on both parcels. As previously noted, the lot width non-conformity being created on Lot 10 is proposed to be brought into conformance by consideration of a separate case by the City. Variance When considering a variance for the proposed lot line adjustment request, the City is required to find that: 1. The request is in harmony with the general purposes and intent of the ordinance and comprehensive plan and the applicant proposes to use the property in a reasonable manner. The request to adjust an interior property boundary line to address an existing encroachment is reasonable and meets the general purpose and intent of the City Code and Comprehensive Plan. The proposed lot line adjustment resolves the lot width and side yard setback non-conformities on Lot 9. In order to meet the side yard setback standards based on the height and location of the existing dwellings, the width of Lot 10 is being reduced to less than the 100-foot standard. As a result, the existing non-conforming lot width is essentially transferred from Lot 9 to Lot 10. 2. The applicant establishes there are practical difficulties with complying with the ordinance due to circumstances that are unique to the property which are not created by the applicant or based on economic considerations. It is assumed that long-standing surveying mistakes caused the construction of dwellings which encroach into the required side yard setbacks or over the property boundary lines on several properties in the immediate area. In order to resolve the situation in this case and satisfy additional conditions for the sale of Lot 9, the most reasonable solution is adjustment of the interior property boundary line in conformance with the required side yard setback standard as agreed upon by the affected property owners. Other alternatives to attain compliance that would require removal of portions of the dwelling on Lot 9 or requiring the owners of Lot 10 to acquire additional property are not practical. Based on the existing conditions, the applicants have established a practical difficulty in adjusting the interior property boundary line in compliance with the applicable zoning standards. Furthermore, the existing condition of both properties is a unique circumstance not created by the applicants. page 172 3. The request will not alter the essential character of the neighborhood. Practically speaking, approval of the requests would result in the adjustment of lines on a map. Therefore, no changes will be visible to either property and no negative impacts are anticipated to the character of the neighborhood. ALTERNATIVES 1. Recommend approval of the lot line adjustment and variance requests, based on the attached findings of fact, with conditions. OR 2. Recommend denial of the lot line adjustment and variance requests, based on the findings of fact that the proposed adjustment is not consistent with the City Code or Comprehensive Plan and will have a negative impact on surrounding properties. OR 3. Table the requests. STAFF RECOMMENDATION Staff recommends approval of the lot line adjustment and variance requests based on the attached findings of fact (Alternative 1), with the condition that the appropriate documents are recorded with Dakota County. MATERIALS INCLUDED FOR REVIEW 1. Site map 2. Site photos 3. Planning applications, including supporting materials page 173 FINDINGS OF FACT FOR APPROVAL Lot Line Adjustment and Variance 754 and 750 Upper Colonial Drive The following Findings of Fact are made in support of approval of the proposed requests: 1. The proposed lot line adjustment and variance requests meet the purpose and intent of the City Code and are consistent with the Comprehensive Plan. 2. The purpose of the requests are to resolve an existing encroachment over the interior property boundary line. 3. In order to comply with the required minimum side yard setback standards based on the existing conditions, the non-conforming lot width will be transferred from Lot 9 to Lot 10. 4. The existing conditions were not created by the current property owners and create a practical difficulty in adjusting the interior property boundary line in compliance with the lot width standard in order to address the non-conformities created by the encroachment. 5. Other alternatives to attain compliance that would require removal of portions of the dwelling or acquisition of additional property not owned by the applicants are not practical. 6. Approval of the requests will have no visible impact on either property and will not negatively impact the character of the neighborhood. page 174 750 754 760 757 751 1480 763 UPPER COL O N I A L D R C H E R R Y H I L L R D Aerometrics Planning Case 2015-40754 and 750 Upper Colonial Drive City of Mendota Heights040 SCALE IN FEETDate: 11/19/2015 GIS Map Disclaimer:This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat,survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information containedin this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errorsor omissions herein. If discrepancies are found, please contact the City of Mendota Heights. Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation. page 175 754 and 750 Upper Colonial Drive page 176 page 177 page 178 page 179 page 180 page 181 page 182 page 183 Page 1 of 1Print Preview 11/2/2015http://gis.co.dakota.mn.us/dcgis4/WebForms/Print.aspx?img=http://gis.co.dakota.mn.us/C... page 184 Page 1 of 1Print Preview 11/2/2015http://gis.co.dakota.mn.us/dcgis4/WebForms/Print.aspx?img=http://gis.co.dakota.mn.us/C... page 185 DATE: December 1, 2015 TO: Mayor, City Council and City Administrator FROM: Nolan Wall, AICP Planner SUBJECT: Resolution Approving a Lot Split and Variances for a portion of Wentworth Park BACKGROUND The City is seeking approval to subdivide a portion of Wentworth Park for purchase by an adjacent private property owner. The portion of land in-question does not meet the lot area, width, or driveway setback standards for the R-1 District and requires a variance. The property owners of 750 Upper Colonial Drive have requested to acquire a portion of city-owned property immediately adjacent to their eastern property boundary line that is currently part of Wentworth Park. The area in-question includes existing driveway, landscaping, and fencing encroachments onto city property and would be combined and dissolved into the existing parcel after being purchased and recorded. The dwelling was constructed in 1967, and to the best of staff’s knowledge, the existing conditions have existed for several decades. The private property owners already use and maintain the property in-question, therefore no negative impacts are anticipated to the park or the character of the neighborhood. The Planning Commission conducted a public hearing at the November 24 meeting. A member of the public questioned whether or not the City has conveyed park land to private property owners in the past. BUDGET IMPACT N/A RECOMMENDATION The Planning Commission recommended approval of the lot split and variance requests, with conditions, as described in Planning Case 2015-41. If the City Council desires to implement the recommendation, pass a motion adopting RESOLUTION 2015-95 APPROVING A LOT SPLIT AND VARIANCES FOR CITY- OWNED PROPERTY. This matter requires a simple majority vote. page 186 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2015-95 RESOLUTION APPROVING A LOT SPLIT AND VARIANCES FOR CITY-OWNED PROPERTY WHEREAS, the City of Mendota Heights has applied for a lot split and variances for a portion of city- owned property within Wentworth Park as proposed in Planning Case 2015-41 and described in Exhibit A; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this matter at their regular meeting on November 24, 2015. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the lot split and variance requests as proposed in Planning Case 2015-41 are hereby approved based on the following findings of fact: 1. The proposed subdivision request meets the purpose and intent of the City Code and is consistent with the Comprehensive Plan. 2. The purpose of the requests are to formalize the existing conditions and address the non-conformities created by the encroachments onto city-owned property. 3. The temporary non-conformities created as a result of the requests will be eliminated once the property in-question is combined and dissolved by the private property owners. 4. The existing conditions were not created by the current private property owners and create a practical difficulty in subdividing a reasonable amount of land in compliance with the applicable Code requirements. 5. Approval of the requests will not negatively impact the park or the character of the neighborhood. 6. Approval of the requests is reasonably necessary to correct a surveying error and does not intend to establish a policy of selling city parkland. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the lot split and variance requests as proposed in Planning Case 2015-41 are hereby approved with the following conditions: 1. A purchase agreement is entered into between the City and the private property owner to be approved by the City Council prior to the lot split being recorded by Dakota County. 2. Upon closing on the sale of the property in-question, the private property owner is required to combine and dissolve the property into 750 Upper Colonial Drive. 3. All costs related to the sale and recording of the required documents are paid for by the private property owner. Adopted by the City Council of the City of Mendota Heights this first day of December, 2015. CITY COUNCIL CITY OF MENDOTA HEIGHTS _____________________________ Sandra Krebsbach, Mayor ATTEST: ______________________________ Lorri Smith, City Clerk page 187 DATE: November 24, 2015 TO: Planning Commission FROM: Nolan Wall, AICP Planner SUBJECT: Planning Case 2015-41 Subdivision Request for Lot Split and Variances APPLICANT: City of Mendota Heights PROPERTY ADDRESS: N/A – Wentworth Park ZONING/GUIDED: R-1 One-Family Residential/P-Parks ACTION DEADLINE: N/A DESCRIPTION OF THE REQUEST The City is seeking approval to subdivide a portion of Wentworth Park for purchase by an adjacent private property owner. The request requires City Council approval before being recorded by Dakota County. In addition, variances are necessary to create a parcel that is non-conforming with the required minimum lot area, width, and driveway setback standards in the applicable zoning district. BACKGROUND The property owners of 750 Upper Colonial Drive have requested to acquire a portion of city-owned property immediately adjacent to their eastern property boundary line that is currently part of Wentworth Park. The area in-question includes existing driveway, landscaping, and fencing encroachments onto city property and would be combined and dissolved into the existing parcel after being purchased and recorded. The dwelling was constructed in 1967, and to the best of staff’s knowledge, the existing conditions have existed for several decades. The portion of Wentworth Park in this area was platted as Outlots A and B of the Cherry Hill Addition Plat in 1960. It is separated from the main area of the park off Wentworth Avenue and includes an off-street trail connection to Upper Colonial Drive, tennis courts, and wetlands. The area in-question does not contain any public improvements. ANALYSIS Comprehensive Plan The city-owned property is guided as P-Parks and 750 Upper Colonial Drive is guided LR-Low Density Residential in the 2030 Comprehensive Plan. The request to split a portion of city-owned property for purposes of combination with an existing single-family residential parcel already using the area in-question, is consistent with the continued use of both parcels as park and low density residential uses. If approved, the new property boundary lines would be updated accordingly on the Future Land Use Map. page 188 Lot Split Title 11-3-2 of the City Code (Subdivision Ordinance) allows the subdivision of parcels, provided that the resulting lots are compliant with the requirements of the applicable zoning district. As shown in the table below based on the attached survey, the proposed lot split would temporarily create non-conformities with the R-1 District’s minimum lot area, lot width, and driveway setback standards: R-1 Zoning District Proposed Parcel City-owned Parcel 750 Upper Colonial Drive Standard Existing Proposed Existing Proposed Existing Proposed Lot Area 15,000 SF N/A 4,401 SF 85,603 SF 81,202 SF 17,887 SF 22,228 SF Lot Width1 100 ft. N/A 29.11 ft. 208 ft. 179 ft. 110.7 ft. 139.81 ft. Side Yard Setback2 10 ft. (min.) 15 ft. (max.) N/A N/A N/A N/A 9 ft. 34 ft. Driveway Setback 5 ft. N/A 0 ft. (west) 15 ft. (east) 0 ft. N/A 0 ft. 15 ft. 1The maximum horizontal distance between the side lot lines of a lot measured within the first thirty feet (30') of the lot depth 210' on each side or 1/2 of the height of the structure contiguous to the side yard, whichever is greater, to a maximum of 15' In order to ensure the non-conformities created by the proposed lot split are eliminated, a condition of approval is included requiring the private property owner to combine and dissolve the newly-created parcel. Variance When considering variances for the proposed subdivision request, the City is required to find that: 1. The request is in harmony with the general purposes and intent of the ordinance and comprehensive plan and the applicant proposes to use the property in a reasonable manner. The request to subdivide a portion of city-owned property containing pre-existing encroachments in order to be combined and dissolved into the adjacent private property is a reasonable use of both properties. While the request will create several temporary non-conformities, the end result essentially formalizes the existing conditions and will bring both properties into compliance with the applicable zoning standards. 2. The applicant establishes there are practical difficulties with complying with the ordinance due to circumstances that are unique to the property which are not created by the applicant or based on economic considerations. The current owners of 750 Upper Colonial Drive purchased the property with the aforementioned non- conformities resulting from the existing encroachments. In order to address the issues, it was determined that a purchase of the property in-question from the City was the best alternative. A proposed lot split meeting all the applicable zoning standards would create an oversized parcel that is not necessary in order to address the existing non-conformities on both properties. While the proposed lot split will create temporary non-conformities, the intent is not to create a new buildable parcel. Based on the existing conditions, a practical difficulty in subdividing the property in-question in order to combine and dissolve into the adjacent private property compliant with the applicable zoning standards is demonstrated. Furthermore, the existing condition is a unique circumstance not created by the current private property owners. 3. The request will not alter the essential character of the neighborhood. The purpose of the requests are to formalize the existing conditions and address the non-conformities page 189 created by the encroachments onto city-owned property. The private property owner already uses and maintains the property in-question, therefore no negative impacts are anticipated to the park or the character of the neighborhood. ALTERNATIVES 1. Recommend approval of the subdivision and variance requests, based on the attached findings of fact, with conditions. OR 2. Recommend denial of the subdivision and variance requests, based on the findings of fact that the proposed subdivision is not consistent with the City Code or Comprehensive Plan and will have a negative impact on surrounding properties. OR 3. Table the requests. STAFF RECOMMENDATION Staff recommends approval of the subdivision and variance requests based on the attached findings of fact (Alternative 1), with the following conditions: 1. A purchase agreement is entered into between the City and the private property owner to be approved by the City Council prior to the lot split being recorded by Dakota County. 2. Upon closing on the sale of the property in-question, the private property owner is required to combine and dissolve the property into 750 Upper Colonial Drive. 3. All costs related to the sale and recording of the required documents are paid for by the private property owner. MATERIALS INCLUDED FOR REVIEW 1. Site map 2. Site photos 3. Planning applications, including supporting materials page 190 FINDINGS OF FACT FOR APPROVAL Subdivision Request for Lot Split and Variances City-owned Property (portion of Wentworth Park) The following Findings of Fact are made in support of approval of the proposed requests: 1. The proposed subdivision request meets the purpose and intent of the City Code and is consistent with the Comprehensive Plan. 2. The purpose of the requests are to formalize the existing conditions and address the non- conformities created by the encroachments onto city-owned property. 3. The temporary non-conformities created as a result of the requests will be eliminated once the property in-question is combined and dissolved by the private property owners. 4. The existing conditions were not created by the current private property owners and create a practical difficulty in subdividing a reasonable amount of land in compliance with the applicable Code requirements. 5. Approval of the requests will not negatively impact the park or the character of the neighborhood. page 191 750 754 751 Planning Case 2015-41750 Upper Colonial DriveWentworth Park City of Mendota Heights030 SCALE IN FEETDate: 11/19/2015 GIS Map Disclaimer:This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat,survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information containedin this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errorsor omissions herein. If discrepancies are found, please contact the City of Mendota Heights. Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation. Proposed Acquisition page 192 Proposed area to be split page 193 page 194 VARIANCE CHECKLIST/QUESTIONNAIRE Applications will be scheduled for consideration by the Planning Commission and/or City Council only after all required materials have been submitted. Application submittal deadlines are available on the City’s website or by contacting the City Planner. Late or incomplete applications will not be put on the agenda. Office Use Only: Case #:_____________________ Applicant:____________________ Address:_____________________ A variance is a request to vary from the City of Mendota Heights zoning standards. Under Minnesota State Law, variances shall only be permitted when they are in harmony with the general purposes and intent of the zoning code and when consistent with the comprehensive plan. Variances may be granted when the applicant establishes that there are practical difficulties in complying with the zoning standards. “Practical difficulties,” in regards to variance requests, has three parts: (1) the proposed use of the property is a reasonable; (2) unique circumstances exist on the property which are not created by the landowner; and (3) the variance, if granted, will not alter the essential character of the neighborhood. Please consider these requirements carefully before requesting a variance. APPLI CATION REQUIREMENTS: • Dated original of all the materials checked must be submitted by the end of the business day the Monday before the first Tuesday of the month. • If all original materials are 11 x 17 or smaller – only submit originals. • If materials are larger than 11 x 17, please provide 24 copies, folded to 8 ½ x 11. • Any drawing in color – must submit 24 copies. The following materials must be submitted for the application to be considered complete:  Fee, as included in Fee Schedule (check payable to City of Mendota Heights) NOTE: Planning Application fees do not cover building permit fees, utilities, or other fees which may be required for you to complete your project.  Completed Application Form (only original needs to be submitted).  Sketch plan showing all pertinent dimensions, and including the location of any easements having an influence upon the variance request.  Letter of Intent. Please complete the attached questions regarding your request. page 195 Please answer the following questions as they relate to the variance request. You may fill in this form or create your own. 1. In your opinion, does the proposal put the property to use in a reasonable manner?  YES  NO Why or why not? 2. Please describe the circumstances unique to the property (not created by you). 3. In your opinion, will the variance, if granted, fit with the character of the neighborhood?  YES  NO Why or why not? The Planning Commission must make an affirmative finding on all of the criteria listed above in order to grant a variance. The applicant for a variance has the burden of proof to show that all of the criteria listed above have been satisfied. page 196 page 197 page 198 page 199 Page 1 of 1Print Preview 11/2/2015http://gis.co.dakota.mn.us/dcgis4/WebForms/Print.aspx?img=http://gis.co.dakota.mn.us/C... page 200 Page 1 of 1Print Preview 11/2/2015http://gis.co.dakota.mn.us/dcgis4/WebForms/Print.aspx?img=http://gis.co.dakota.mn.us/C... page 201 Page 1 of 1Print Preview 11/2/2015http://gis.co.dakota.mn.us/dcgis4/WebForms/Print.aspx?img=http://gis.co.dakota.mn.us/C... page 202 DATE: December 1, 2015 TO: Mayor, City Council and City Administrator FROM: Nolan Wall, AICP Planner SUBJECT: Approval of a Purchase Agreement between the City of Mendota Heights and Brian and Jamie Nordin for a portion of Wentworth Park BACKGROUND The property owners of 750 Upper Colonial Drive have requested to acquire a portion of city-owned property immediately adjacent to their eastern property boundary line, as discussed in Planning Case 2015- 41. Assuming the City Council approves the lot split and variance requests required to facilitate the purchase of the property in-question, the proposed purchase agreement must also be approved. The attached agreement has been reviewed by the City Attorney and proposes to convey the property for a sum of $100.00. Conditions of approval incorporated into the agreement and planning case resolution include the following: 1. Upon closing on the sale of the property in-question, the private property owner is required to combine and dissolve the property into 750 Upper Colonial Drive. 2. All costs related to the sale and recording of the required documents are paid for by the private property owner. BUDGET IMPACT Budget impacts would be minimal since the property in-question is currently being used and maintained by the property owners. In addition, all legal and recording costs are being borne by the property owners. RECOMMENDATION If the City Council desires to approve the request, pass a motion APPROVING THE PURCHASE AGREEMENT BETWEEN THE CITY OF MENDOTA HEIGHTS AND BRIAN AND JAMIE NORDIN FOR A PORTION OF WENTWORTH PARK. This matter requires a simple majority vote. page 203 PURCHASE AND SALE AGREEMENT between City of Mendota Heights, a Minnesota municipal corporation, Seller and Brian and Jamie Nordin, Purchasers dated as of October 30, 2015 page 204 This PURCHASE AND SALE AGREEMENT (this "Agreement"), is entered into between City of Mendota Heights, a Minnesota municipal corporation , ("Seller"), and Brian and Jamie Nordin, ("Purchaser"). WITNESSETH The parties hereto, for themselves, and their respective successors and assigns hereby covenant as follows: ARTICLE I DEFINITIONS "Agreement" has the meaning set forth in the Preamble. "Property" has the meaning set forth in Section 2.01. "Purchase Price" has the meaning set forth in Section 3.01. "Purchaser" has the meaning set forth in the preamble to this Agreement. "Real Property" has the meaning set forth in Section 2.01(a). "Seller" has the meaning set forth in the preamble to this Agreement. ARTICLE II PURCHASE AND SALE Section 2.01 The Property. Seller agrees to sell to Purchaser and Purchaser agrees to purchase from Seller in accordance with the terms and conditions of this Agreement, all of the following (collectively referred to as the "Property"): (a) The real property, including all right, title and interest therein, located adjacent to 750 Upper Colonial Drive, Mendota Heights, Minnesota, encompassing parts of Outlot A and Outlot B, Cherry Hill Addition, more particularly described on EXHIBIT 1 attached hereto, (the "Real Property"). (b) All rights, privileges, easements and rights of way appurtenant to said Real Property, including without limitation, all mineral, oil and gas and other subsurface rights, air rights and water rights. page 205 ARTICLE III PURCHASE PRICE AND OTHER COSTS Section 3.01 Purchase Price. Purchaser shall pay Seller the sum of ONE-HUNDRED DOLLARS ($100.00) (the "Purchase Price"). Section 3.02 Payment of Purchase Price. Purchaser shall pay the Purchase Price as follows: (a) The sum of ONE-HUNDRED DOLLARS ($100.00), upon the execution of this Agreement, by bank check drawn on a Purchaser’s bank, Anchor Bank located at 66 Thompson Avenue East, West. St. Paul, Minnesota, shall be delivered to the Seller. Section 3.03 Purchaser shall pay any and all costs associated with Seller’s legal review of documents associated with the purchase and sale of said Property and any and all recording costs. ARTICLE IV GENERAL PROVISIONS Section 4.01 Seller shall deliver all documents reasonably necessary to consummate the transaction contemplated by this Agreement. Section 4.02 Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Minnesota. EACH PARTY HERETO AGREES THAT ALL ACTIONS OR PROCEEDINGS ARISING IN CONNECTION WITH THIS AGREEMENT AND THE TRANSACTIONS CONTEMPLATED HEREBY SHALL BE TRIED AND LITIGATED IN STATE OR FEDERAL COURTS LOCATED IN THE STATE OF MINNESOTA UNLESS SUCH ACTIONS OR PROCEEDINGS ARE REQUIRED TO BE BROUGHT IN ANOTHER COURT TO OBTAIN SUBJECT MATTER JURISDICTION OVER THE MATTER IN CONTROVERSY. [SIGNATURE PAGE FOLLOWS] page 206 IN WITNESS WHEREOF, the Purchaser has made this offer to Seller on this 30th day of October 2015. PURCHASER: Brian and Jamie Nordin ______________________________ Brian T. Nordin ______________________________ Jamie D. E. Nordin ACCEPTANCE BY SELLER The foregoing offer to purchase real property is hereby accepted in accordance with the terms and conditions specified above. Date this ___________ day of _______________________, 2015. SELLER: City of Mendota Heights (a Minnesota municipal corporation) ______________________________ By:___________________________ Its:____________________________ page 207 EXHIBITS Exhibit 1 Legal Description of Real Property Exhibit 2 Survey of Property at 750 Upper Colonial Drive, Mendota Heights, Minnesota page 208 page 209 DATE: December 1, 2015 TO: Mayor, City Council and City Administrator FROM: Nolan Wall, AICP Planner SUBJECT: Resolution Approving a Lot Split and Variance at 789 Ridge Place BACKGROUND The applicant is seeking approval to subdivide the subject parcel located at 789 Ridge Place. In addition, a variance is required to disturb slopes greater than 25% as part of grading and construction activities for new single-family dwellings. The subject parcel contains an existing single-family residential dwelling, which would be demolished if the requests are approved. The new parcels would be 19,823 square feet and 15,018 square feet and are compliant with the R-1 District’s minimum lot size and width requirements. Based on the existing conditions, and in an effort to maintain a consistent frontage in character with the neighborhood, staff is recommending that Ridge Place be considered Parcel A’s front yard with driveway access from either street. Additional conditions are included to mitigate any drainage impacts resulting from future grading and construction activities on the newly-created parcels. The Planning Commission conducted a public hearing at the November 24 meeting. Members of the public commented on the potential impacts to surrounding properties, the proposed frontage of the newly-created lots, and historical background on the subject parcel. BUDGET IMPACT N/A RECOMMENDATION The Planning Commission recommended approval of the lot split and variance requests, with conditions, as described in Planning Case 2015-42. If the City Council desires to implement the recommendation, pass a motion adopting RESOLUTION 2015-96 APPROVING A LOT SPLIT AND VARIANCE AT 789 RIDGE PLACE. This matter requires a simple majority vote. page 210 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2015-96 RESOLUTION APPROVING A LOT SPLIT AND VARIANCE AT 789 RIDGE PLACE WHEREAS, Mark Gergen, on behalf of Mary Solberg and Patrick Kirchberg, have applied for a lot split and variance as proposed in Planning Case 2015-42 and described in Exhibit A; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this matter at their regular meeting on November 24, 2015. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the lot split and variance requests as proposed in Planning Case 2015-42 are hereby approved based on the following findings of fact: 1. The proposed subdivision request meets the purpose and intent of the City Code and is consistent with the Comprehensive Plan. 2. Front yards for both proposed parcels oriented towards Ridge Place will maintain consistent frontage compared to the dwellings to the east and across the street. 3. The impacted slopes over 25% appear to be man-made as part of construction of the existing dwelling and associated landscaping. 4. The impacted slopes over 25% are less than the current 33% maximum industry-standard for constructed slopes and do not span a large linear area. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the lot split and variance requests as proposed in Planning Case 2015-42 are hereby approved with the following conditions: 1. Parcel A shall front Ridge Place and be subject to the applicable setback standards. 2. A permit is obtained and the existing single family dwelling is demolished prior to the subdivision being recorded by Dakota County. 3. Park dedication fee in the amount of $2,700, in lieu of land, is collected after City Council approval and before being recorded by Dakota County or issuance of any additional permits by the City. 4. Street reconstruction assessment fee in the amount of $3,900, as part of Project 9514/Improvement 96-3, is collected after City Council approval and before being recorded by Dakota County or issuance of any additional permits by the City. 5. Connection charges for sanitary sewer and water main shall be paid prior to issuance of a building permit. 6. The applicant shall dedicate the following drainage and utility easements on both parcels to be denoted on the Certificate of Survey submitted to Dakota County: 10-foot wide along the front property lines and 5-foot wide along the side and rear property lines. 7. The applicant shall submit landscape plans, subject to review and approval by the Planning Department as part of any building permit application. page 211 8. The applicant shall submit grading and utility plans and dimensioned site plans with associated easements, subject to review and approval by the Engineering Department as part of any building permit application. 9. All grading and construction activity will be in compliance with applicable federal, state, and local regulations and codes, as well as in compliance with the City’s Land Disturbance Guidance Document. 10. Future construction on the newly-created parcels will be compliant with all applicable City Code provisions. Adopted by the City Council of the City of Mendota Heights this first day of December, 2015. CITY COUNCIL CITY OF MENDOTA HEIGHTS _____________________________ Sandra Krebsbach, Mayor ATTEST: ______________________________ Lorri Smith, City Clerk page 212 DATE: November 24, 2015 TO: Planning Commission FROM: Nolan Wall, AICP Planner SUBJECT: Planning Case 2015-42 Subdivision Request for Lot Split and Variance APPLICANT: Mark Gergen PROPERTY ADDRESS: 789 Ridge Place ZONING/GUIDED: R-1 One-Family Residential/LR Low Density Residential ACTION DEADLINE: January 8, 2016 (60 days) DESCRIPTION OF THE REQUEST The applicant, on behalf of the property owner, is seeking approval to subdivide the subject parcel located at 789 Ridge Place. The request requires City Council approval before being recorded by Dakota County. In addition, a variance is required to disturb slopes greater than 25% as part of grading and construction activities for new single-family dwellings. BACKGROUND The subject parcel is 34,841 square feet (0.8 acres) and contains an existing single-family residential dwelling and attached garage accessing Wachtler Avenue. If the requests are approved, the existing dwelling would be demolished and two new single-family dwellings would be constructed. The new parcels would be 19,823 square feet and 15,018 square feet. According to the applicant, the subject parcel would be re-graded to create two flat building sites. If approved by the Council, the proposed location and design of the new dwellings will be reviewed as part of the building permit process and must be compliant with all applicable City Code standards. ANALYSIS Comprehensive Plan The subject parcel is guided LR Low Density Residential in the 2030 Comprehensive Plan. The applicant’s request to subdivide the subject parcel into two parcels, consisting of approximately 0.46 acres and 0.34 acres, is consistent with single-family residential use and the maximum density of 2.9 units per acre. Lot Split Title 11-3-2 of the City Code (Subdivision Ordinance) allows the subdivision of parcels, provided that the resulting lots are compliant with the requirements of the applicable zoning district. page 213 Lot Size/Width As shown in the table below based on the attached surveys, the proposed parcels are compliant with the R-1 District’s lot area and width standards: Standard Subject Parcel (corner lot) Parcel A (corner lot) Parcel B Lot Area 15,000 SF 34,841 SF 19,823 SF 15,018 SF Lot Width1 100 ft. 168.1 ft. 234.6 ft. 168.1 ft. 121.6 ft. 113 ft. 1The maximum horizontal distance between the side lot lines of a lot measured within the first thirty feet (30') of the lot depth Setbacks The subject parcel is a corner lot, therefore Parcel A would remain as such. Title 12-1D-4-D-3 of the Code requires the following: In the case of a building to be erected or extended on a corner lot, the minimum front yard depth shall be increased by an amount not less than one-half (1/2) the depth in excess of thirty feet (30') of the front yard of the nearest building. Parcel B would be situated between Parcel A and 781 Ridge Place to the east. Title 12-1D-4-D-2 of the Code requires the following: Whenever buildings have been built on one side of the street between two (2) intersections, no building shall hereafter be erected to extend closer toward the street than the average of the required district setback and average setback of the adjoining principal structures. However, according to Title 12-1D-4-D-4 of the Code, the following standard overrides the other standards: Subsections D2 and D3 of this section shall not be applied so as to require a front yard in excess of one-third (1/3) of the average depth of the lot. Based on the corner lot setback standard, the minimum front yard setback for Parcel A fronting Wachtler Avenue would be 75 feet. If fronting Ridge Place, based on the corner lot setback standard, the minimum front yard setback would be 65 feet. However, applying the “1/3 Rule” above allows for minimum front yard setbacks of 41.8 feet fronting Wachtler Avenue and 53.5 feet fronting Ridge Place for Parcel A. The minimum front yard setback for Parcel B will ultimately be based on the construction timeline and location of the dwelling on Parcel A. However, the required minimum front yard setback cannot exceed 44.3 feet based on the “1/3 Rule.” Title 12-1B-2 of the Code defines the front lot line as follows: That boundary of a lot which abuts an existing or dedicated public street and, in the case of a corner lot, the front lot line shall be designated by the owner, subject to the approval by the code enforcement officer. Appeals to the determination of the code enforcement officer may be filed with the zoning board of appeals in accordance with section 12-1L-3 of this chapter. The existing dwelling on the subject parcel has an 88-foot front yard setback from Wachtler Avenue, while the adjacent dwelling to the north (1940 Wachtler Avenue) has a 120-foot setback. If Parcel A were to front Wachtler Avenue, the required minimum setback would be 41.5 feet less than the existing dwelling on the subject parcel and 78 feet less than that of the adjacent dwelling. As a result, the drastic difference in potential minimum front yard setbacks is not recommended. page 214 Parcel B, the adjacent dwelling to the east (781 Ridge Place), and all three dwellings across the street front onto Ridge Place. Based on the existing conditions, and in an effort to maintain a consistent frontage in character with the neighborhood, staff is recommending that Ridge Place be considered Parcel A’s front yard with driveway access from either street. As shown in the following table and depicted in the attached surveys, dwellings constructed on the newly- created parcels are subject to conformance with the required minimum setbacks: Parcel A: Fronting Wachtler Parcel A: Fronting Ridge Place Parcel B: Fronting Ridge Place Front Yard1 41.8 ft. 53.5 ft. 44.3 ft. Side Yard2 30 ft. (south) 10-15 ft. (north) 30 ft. (west) 10-15 ft. (east) 10-15 ft. Rear Yard3 30 ft. 32.1 ft. 30 ft. 1Parcel A: In the case of a building to be erected or extended on a corner lot, the minimum front yard depth shall be increased by an amount not less than one-half (1/2) the depth in excess of thirty feet (30') of the front yard of the nearest building. Parcel B: Whenever buildings have been built on one side of the street between two (2) intersections, no building shall hereafter be erected to extend closer toward the street than the average of the required district setback and average setback of the adjoining principal structures. Applicable Setback: Subsections D2 and D3 of this section shall not be applied so as to require a front yard in excess of one-third (1/3) of the average depth of the lot. 210' on each side or 1/2 of the height of the structure contiguous to the side yard, whichever is greater, to a maximum of 15’. A side yard abutting a street shall not be less than thirty feet (30') in width. 330' or 20% of the average lot depth, whichever is greater. Based on the applicable minimum setback standards, there appears to be adequate buildable area for two new single-family dwellings on both proposed parcels. As previously noted, the final setbacks will be determined and verified as part of the building permit review process. Variance According to Title 11-3-8-A of the City Code: Slope Limitations: Subdivision design shall be consistent with limitations presented by steep slopes. Subdivisions shall be designed so that no construction or grading will be conducted on slopes steeper than twenty five percent (25%) in grade. Preservation of the natural topography and bluffs in Mendota Heights is most likely the intent of this standard. As shown on the surveys, Parcel A and B both contain slopes greater than 25% that would be disturbed by construction and grading for the new dwellings; therefore a variance is required to approve the lot split request in this case. When considering a variance for the proposed construction and grading activities, the City is required to find that: 1. The request is in harmony with the general purposes and intent of the ordinance and comprehensive plan and the applicant proposes to use the property in a reasonable manner. The applicant’s request to subdivide the subject parcel and construct two new single-family dwellings are a reasonable use of the property and meet the general purpose and intent of the City Code and Comprehensive Plan. Besides the impacted slopes, the requests are otherwise compliant with the applicable standards. page 215 2. The applicant establishes there are practical difficulties with complying with the ordinance due to circumstances that are unique to the property which are not created by the applicant or based on economic considerations. Based on the survey information, the slopes over 25% are located in the front yard near the existing dwelling and retaining wall. The greatest slopes are approximately 30%, which only occur over a 10-foot span between the driveway and retaining wall. The Engineering Department has reviewed the existing conditions and has noted the possibility that the slopes in-question may be man-made, as they appear to be uniformly-graded and consistent across their length. Although greater than 25%, the slopes appear to be less than the industry-standard maximum allowable non-reinforced slope of 33%. At the time the Code was adopted, the industry-standard for constructed slopes was a 25% maximum. The current standard is now 33% maximum, which would make the slopes in-question compliant if the City were to consider following the current standard. In addition, other contours on the subject parcel appear to have been undisturbed and the slopes in-question cut into them in an obvious manner. Based on the existing conditions, the applicant has established a practical difficulty in subdividing the subject parcel in order to construct two new single-family dwellings in compliance with the applicable slope disturbance standards. Furthermore, the existing condition is a unique circumstance not created by the applicant. 3. The request will not alter the essential character of the neighborhood. The Bunker Hills neighborhood has experienced several lot splits and subsequent tear-downs/rebuilds in recent years. As shown in the attached map, lot sizes and setbacks vary for the surrounding properties along Wachtler Avenue and Ridge Place. Due to the lack of consistent character of the immediate neighborhood, staff feels the construction of two new single-family dwellings on the newly-created parcels fronting Ridge Place in compliance with the applicable R-1 District standards will not have a negative impact. The existing topography will be substantially-altered to create building pads for the new dwellings. As a result, further review of grading and drainage plans as part of the building permit application process are required to ensure there are no negative impacts to surrounding properties. ALTERNATIVES 1. Recommend approval of the subdivision and variance requests, based on the attached findings of fact, with conditions. OR 2. Recommend denial of the subdivision and variance requests, based on the findings of fact that the proposed subdivision and associated construction and grading activities are not consistent with the City Code or Comprehensive Plan and will have a negative impact on surrounding properties. OR 3. Table the request. STAFF RECOMMENDATION Staff recommends approval of the subdivision and variance requests based on the attached findings of fact (Alternative 1), with the following conditions: 1. Parcel A shall front Ridge Place and be subject to the applicable setback standards. page 216 2. A permit is obtained and the existing single family dwelling is demolished prior to the subdivision being recorded by Dakota County. 3. Park dedication fee in the amount of $2,700, in lieu of land, is collected after City Council approval and before being recorded by Dakota County or issuance of any additional permits by the City. 4. Street reconstruction assessment fee in the amount of $3,900, as part of Project 9514/Improvement 96-3, is collected after City Council approval and before being recorded by Dakota County or issuance of any additional permits by the City. 5. Connection charges for sanitary sewer and water main shall be paid prior to issuance of a building permit. 6. The applicant shall dedicate the following drainage and utility easements on both parcels to be denoted on the Certificate of Survey submitted to Dakota County: 10-foot wide along the front property lines and 5-foot wide along the side and rear property lines. 7. The applicant shall submit landscape plans, subject to review and approval by the Planning Department as part of any building permit application. 8. The applicant shall submit grading and utility plans and dimensioned site plans with associated easements, subject to review and approval by the Engineering Department as part of any building permit application. 9. All grading and construction activity will be in compliance with applicable federal, state, and local regulations and codes, as well as in compliance with the City’s Land Disturbance Guidance Document. 10. Future construction on the newly-created parcels will be compliant with all applicable City Code provisions. MATERIALS INCLUDED FOR REVIEW 1. Site map 2. Lot size/setback map 3. Site photos 4. Planning applications, including supporting materials page 217 FINDINGS OF FACT FOR APPROVAL Subdivision Request for a Lot Split and Variance 789 Ridge Place The following Findings of Fact are made in support of approval of the proposed requests: 1. The proposed subdivision request meets the purpose and intent of the City Code and is consistent with the Comprehensive Plan. 2. Front yards for both proposed parcels oriented towards Ridge Place will maintain consistent frontage compared to the dwellings to the east and across the street. 3. The impacted slopes over 25% appear to be man-made as part of construction of the existing dwelling and associated landscaping. 4. The impacted slopes over 25% are less than the current 33% maximum industry-standard for constructed slopes and do not span a large linear area. page 218 50 0 246 12 0 232 192 17 5 159 14 5 130 119 113 18 4 18 0 28 9 30 0 90 144 50 35 6 170 10 0 250 30 44 1 3 2 20 260 289 145 781 789 1940 790800 1920 804 770 764 772 1919 765 RIDGE PL WA C H T L E R A V E R I D G E P L Planning Case 2015-42789 Ridge Place City of Mendota Heights060 SCALE IN FEET GIS Map Disclaimer:This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat,survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information containedin this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errorsor omissions herein. If discrepancies are found, please contact the City of Mendota Heights. Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation. 11/19/2015 page 219 804 781 770 764 782 810 780 789 1897 1909 1919 765 790 1900 1920 1940 825 1941 816 800 784 1937 750 755 1933 772 822 1894 812 1801 1888 1960 776 828 1882809 1944 HIL L T O P R D RIDGE PL WA C H T L E R A V E DO D D R D VA L L E Y C U R V E R D R I D G E P L Wachtler/Ridge PlaceLot Size and FY setbacks City of Mendota Heights0150 SCALE IN FEET GIS Map Disclaimer:This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat,survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information containedin this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errorsor omissions herein. If discrepancies are found, please contact the City of Mendota Heights. Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation. 11/19/2015 34,799 SF 85 ft. 792 1910 63,269 SF 100 ft. 30,192 SF 65 ft. 33,880 SF 15 ft.53,963 SF 30 ft.21,722 SF 30 ft. 209,626 SF 100 ft. 41,837 SF 18 ft. 35,553 SF 120 ft. 36,574 SF 53 ft. 16,789 SF 37 ft. 20,198 SF 35 ft. 23,476 SF 38 ft. 45,080 SF 65 ft. 43,504 SF 70 ft. page 220 Approximate area of slopes over 25% page 221 page 222 page 223 page 224 page 225 page 226 page 227 page 228 page 229 page 230 page 231 DATE: December 1, 2015 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Presentation by Brian Birch COMMENT: INTRODUCTION At the December 1st City Council meeting, Mr. Brian Birch will make a presentation regarding the Village at Mendota Heights/Mendota Heights Town Center. BACKGROUND Under the “Public Comments” section of the October 6th City Council meeting, Mendota Heights resident Brian Birch appeared before the Council, asking that the City Council turn back a currently undeveloped lot or lots in the Village at Mendota Heights to him to develop as twin homes. The City Council took no action that night, and directed Mr. Birch to be in contact with City staff and the City Attorney. Staff and the City Attorney did meet with Mr. Birch on October 13th, but no resolution of his request was reached. Mr. Birch has subsequently provided the attached information regarding the acquisition of 5.43 acres of his property for a portion of the Village at Mendota Heights (the residential portion of the overall development) project, approximately fourteen years ago. It outlines some history of the project and associated information from his perspective, and his involvement with the City. Settlement Agreement: I have attached the Stipulation of Settlement and Award in Condemnation for three parcels of land, dated September 30, 2003, in which the City was ordered to pay Brian L. and Joyce L. Birch $ 1,215,000. In that award, both parties agreed that the condemnation proceeding was settled, and that the payment was: “…Compensation in full under Minn. Stat. Chapter 117 for any and all of his rights in and to the Property including, without limitation and by way of example only, any and all page 232 claims related to the law of eminent domain, claims for the land, claims for severance damages, claims for any consequential damages and claims for interest, appraisal fees and any other expenses associated with this condemnation that may be recoverable under Minnesota law.” (Paragraph 3) The agreement further stated that he was not entitled to any further payments from the City in connection with the Property or that condemnation action (paragraph 4). Mr. Birch has requested time to make a formal presentation to the City Council to state his case as to why additional consideration is warranted. ACTION REQUIRED The Council should hear the presentation by Mr. Birch, and give direction, as appropriate, for any follow-up. _______________________ Mark McNeill City Administrator page 233 page 234 page 235 page 236 page 237 Mendota Heights Long Term City Discrimination History November 10,2015 Brian L. Birch,755 Willow Lane,651-452-6015,bbirch7@q.com Request for turnback of my remaining property that has gone unsued by the City,since 2002 Background - 5 years of City abuse and discrimination Whereas in 1%7,I purchased my home site property. 1.Whereas in 1967,the City Building Inspector,Dick Bjorkland denied my right to build,saying the prop- erty was un-buildable. Dick said that the property was too low to build a building upon it.That was untrue, deliberately. I was needlessly harrassed by Bjorkland 2.Whereas in 1967,the City Building Inspector,Dick Bjorkland denied my right to build,saying I person- ally was not allowed to build my home myself. That was untrue. I appealed to the State of Minnesota and they intervened and demanded that the City abide by the laws of MN. Whereas in 1968,I learned that the City Building Inspector,Dick Bjorkland,had lived adjacent next door east of my property and was denied buying my property for himself by the seller who had sold the property to me. Commercial site information-the next 29 years of City abuse and discrimination Whereas in January 16, 1973,1 purchased for myself a good portion of the present Town Center prop- erty.It was properly zoned B-2 for my purposes.That purchase consisted of two parcels,a one acre westerly portion,and the Lis Pendens Rights portion of the then northerly proposed Highway 149,Dodd Road/Hwy 110 interchange. I had a dream to locate my company's business building there. I designed the building so it could serve my business needs and the community's youth. I was denied my permit because the city inspector would not approve of my plan for what I believed were his own personal reasons. 3.Whereas on May 15,1975,1 confronted MN Dot about the mining and removal of my dirt for City and State purposes that year and the next.In part it involved rebuilding Hwy 13 through MH.I had to take force- ful action to stop it. I finally had to pull my car right behind MN Dot's front end loader and pin the loader against the hill so it could not move.In less than 15 minutes the authorities from the state arrived and pulled all their equipment off my property.I also asserted my Lis Pendens Rights to the intersection.The City never offered to make it right with me,nor apologized for it. Whereas on May 15,1975,MN Dot disclosed that Hwy 149 was not likely to ever be built. I attempted to have MN Dot release my land that they had held for many years. When that was about to happen, the city immediately said they wanted my land. So MN Dot held it for the city's desire for a highway overpass. 4.Whereas in December, 1977, I applied for the right to build my B-2 heating and air conditioning com- pany on my new property and was denied my legal right by the City Council and the City Building Inspec- tor,Dick Bjorkland. The City arbitrarily turned down my right to build by saying I could not have more that 3 service persons employed,6 persons total people,which was not applied to any other business within the B-2 zoning areas in the City.That financially ended that attempt to build. The Building Inspector said that a 6" diameter drain pipe would not drain a 5000 sq ft area, even though their own building of greater sq ft had Dick's approved 6" diameter drain.This prejudicial pattern was now evident. page 238 page 239 page 240 page 241 page 242 page 243 page 244 page 245 page 246 page 247 page 248 page 249 page 250 page 251 page 252 page 253 page 254 page 255 page 256 DATE: December 1, 2015 TO: Mayor, City Council, and City Administrator FROM: John R. Mazzitello, PE, PMP, MBA Public Works Director/City Engineer SUBJECT: Proposed Sanitary Sewer Utility Rate Increases BACKGROUND The City of Mendota Heights had not raised Sanitary Sewer usage rates since 1994, until the rates were adjusted for the 2010 calendar year. At that time it was presented that the sanitary sewer rates would be looked at on an annual basis and adjusted periodically to account for increases in costs, specifically the charges billed to the City from the Metropolitan Council Environmental Services (MCES) division, for the maintenance and operations of the sewage treatment plants. In addition, the annual costs of maintaining our sanitary sewer system would be reviewed and the annual budget adjusted accordingly. Since 2012, City Staff has developed a five-year Sanitary Sewer Improvement and Maintenance Plan (SSIMP) which projects future costs for the ongoing maintenance of the City’s sanitary sewer infrastructure. Part of the SSIMP projects incremental rate adjustments (presumed to be increases) to compensate for increases on costs and fees to the utility. The City’s single family residential bill rate for sanitary sewer is based upon the non-summer (1st quarter) water usage quantity. The current base rate is $63.75 for the first 15,000 gallons of water consumed per quarter. For every 750 gallons used above the 15,000, single family residences are billed an additional $2.25. The commercial rate ranges from $106.52 to $1,310.40 per quarter based on the size of the water meter and are summarized in the tables in this memo. MCES invoices the City based on flow volumes contributed to the metro-wide wastewater treatment system. MCES has given indications that rate increases of 3%-5% per year should be anticipated for several years to come. The following table shows MCES fee rates per 1,000,000 gallons of sanitary sewer flow along with the annual totals: MCES Sanitary Sewer Rates 2006-2016 (*5.5% increase over 2015) YEAR MCES RATE (per million gallons) MCES TOTAL (per year) YEAR MCES RATE (per million gallons) MCES TOTAL (per year) 2006 $1544.33 $782,570.00 2012 $1853.62 $1,000,920.00 2007 $1526.60 $892,078.00 2013 $2029.00 $991,207.00 2008 $1696.81 $864,303.00 2014 $2141.55 $1,034,516.88 2009 $1754.30 $936,092.00 2015 $2087.67 $1,161,541.00 2010 $1980.74 $895,986.00 2016 $2202.55 $1,225,458.00* 2011 $2025.75 $921,414.00 page 257 MCES flow quantities the City contributes to the system vary greatly from year to year. In the past, Mendota Heights has had a high rate of inflow and infiltration into our sanitary sewer system. This is storm water runoff that finds its way into the sanitary sewer system through cracks in the sewer pipe, unsealed manholes, roots penetrating the sewer pipe, and basement sump pumps connected to the sanitary sewer, just to name a few. Although inflow and infiltration can never be eliminated, ongoing annual projects to televise, clean, and line the sanitary sewer pipe greatly reduce the amount of inflow and infiltration into the system, thus helping to create a more predictable sanitary sewer flow rate from year to year. Because the City of Mendota Heights does not have a sewage treatment plant, MCES controls approximately 63% of the City’s sewer utility expenses through their sewer rate charge. As a result of the MCES fees increasing, an increase to our sanitary sewer billing rate is necessary. The MCES rate for 2016, represents a 5.5% increase to the MCES charge over 2015. The City has had the benefit of a sanitary sewer utility fund cash balance for the past several years. The annual utility budget had been running in deficit until the rate increase for the year 2010. The proposed rate increase will keep the annual budget out of deficit, and maintain the integrity of the positive yet reasonable fund balance. City Staff is proposing an increase to the City sanitary sewer utility rate. Staff estimates that the new base rate will need to be raised 2% to $65.08 per quarter. This represents a base rate increase of $1.28 per quarter, ~$0.43 per month, or $5.12 per year. The second tier usage rate, currently set at $2.25 is proposed to increase by the same 2% rate to $2.30. The proposed rate for commercial usage would also increase by 2%. The proposed commercial rates would range from $108.65 to $1,336.61 per quarter based on the size of the water meter. Commercial properties utilizing wells for their water source have a separate billing rate schedule. Commercial Sewer Rate With 2% Increases (per Quarter) Minimum Per Meter Size Existing Rate Proposed Rate ¾ Inch $106.52 $108.65 1 Inch $122.70 $125.15 1 ¼ Inch $165.53 $168.84 1 ½ Inch $327.60 $334.15 2 Inch $655.20 $668.30 3 Inch $1,310.40 $1,336.61 Commercial Well Sewer Rate With 5% Increases (per Quarter) Minimum Per Meter Size Existing Rate Proposed Rate 5/8 Inch $220.00 $224.40 ¾ Inch $220.00 $224.40 1 Inch $298.67 $304.34 1 ¼ Inch $375.06 $382.56 1 ½ Inch $509.36 $519.55 2 Inch $1,037.24 $1,057.99 3 Inch $2,074.49 $2,115.98 4 Inch $4,393.20 $4,481.06 6 Inch $9,552.75 $9,743.81 In addition to the sanitary sewer bills paid by Mendota Heights’ residents and businesses, there is also a flat-rate storm sewer utility fee applied to all the sewer bills sent out by the City. The page 258 storm sewer utility fee is $7.25 per quarter, or $29.00 per year. This fee creates the Storm Sewer Utility Fund, which is utilized for maintenance and upkeep of our storm sewer pipes, catch basins, and pond inlets and outlets. Additionally, this fund has been utilized to provide funding for street reconstruction projects that include the installation of new storm sewers, and has been used occasionally for stream bank erosion projects. Accounting for anticipated revenue into the fund at the current $7.25 per quarter rate, the fund will be able to fund upcoming capital improvement projects. Staff does not anticipate a need for changing the Storm Sewer Utility Fee for 2016, although this fund and fee level is analyzed annually. Staff is proposing the sanitary sewer rate increase be implemented for the 1st quarter (January - March) billing cycle of 2016. Residents and businesses could then be notified with their 4th quarter 2015 bills that will be sent in January 2016. The new rate would then be collected in April of 2016 with the 1st quarter 2016 billing cycle. The City of Mendota Heights has been monitoring the financial health of the sanitary sewer utility account since the last rate increase. The increase in charges from MCES is driving the necessity for a City-wide rate increase. By increasing the billed rate 2%, and by adjusting the schedule of capital improvement projects within the forecast, the Sanitary Sewer Utility Fund remains viable and out of deficit. Even after the proposed 2% sanitary sewer rate increase, the City of Mendota Heights will remain as one of the lowest base sanitary sewer rate in northern Dakota County. A five-year outlook for the Sanitary Sewer Utility Fund is provided below: 2015 2016 2017 2018 2019 2020 2014 Balance = $367,258 Revenue $1,810,028 $1,846,229 $1,938,540 $2,035,467 $2,137,240 $2,244,102 Depreciation Deposit $145,309 $145,309 $145,309 $145,309 $145,309 $145,309 MCES Grant for I/I $25,000 Total Revenue $1,980,337 $1,991,538 $2,083,849 $2,180,776 $2,282,549 $2,389,411 Maintenance & Operations $485,995 $495,715 $505,629 $515,742 $526,057 $536,578 MCES Fees $1,161,541 $1,164,404 $1,199,336 $1,235,316 $1,272,376 $1,310,547 I/I Surcharge* $ - $ - $ - $ - $ - $ - Annual Sewer Cleaning $62,000 $62,000 $62,000 $62,000 $62,000 $62,000 Annual Sewer Lining $245,000 $110,000 $110,000 $110,000 $110,000 $110,000 Lift Station Rehabilitation $35,000 Mendota Road/Warrior Drive Improvement $21,450 Trunk Main Sewer Rehab NW of Dodd &110 $315,000 Sewer Camera & Software $15,000 Salt Storage Facility $40,000 Fence (Public Works) $9,000 Decorah Lane Emergency Repair $68,720 Total Expenses $2,038,256 $1,888,569 $2,191,965 $1,923,058 $2,019,432 $2,019,125 Account Balance $309,339 $412,307 $304,191 $561,909 $825,026 $1,195,313 * On June 19, 2014, Mendota Heights exceeded our allowable flow due to the storm that occurred on that day, resulting in a $99,400/year penalty surcharge being assigned. A large part of this exceedance was due to accepting excess flow from West Saint Paul on the day of the storm. Through negotiation with MCES, and due in part to our cleaning, televising, and lining program, MCES has agreed to eliminate our surcharge. page 259 BUDGET IMPACT Without additional revenues, the Sanitary Sewer Utility Fund will eventually deplete its reserve balances and the City will lose capability and flexibility in maintaining and improving its sanitary sewer infrastructure. Approximately 600 property owners are on an automatic withdrawal program for their sanitary sewer bill payment. These customers must be notified in writing, and the City will incur a one- time $0.50 per account charge for changing the automatic withdrawal amount. RECOMMENDATION Staff is recommending approval of the proposed sanitary sewer rate increase as outlined above. The proposed increase is required to maintain the revenue stream required in order to fund a self- sustaining utility and to defray sanitary sewer and storm sewer related costs. If Council desires to implement the Staff recommendation, pass a motion adopting Resolution 2015-91, “A RESOLUTION AUTHORIZING SANITARY SEWER USAGE RATES BEGINNING IN THE FIRST QUARTER OF 2016,” by a simple majority vote. page 260 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2015 - 91 RESOLUTION AUTHORIZING SANITARY SEWER USAGE RATES BEGINNING IN THE FIRST QUARTER OF 2016 WHEREAS, the City of Mendota Heights aspires to have a self-funded sanitary sewer utility for the residents and businesses of the City; and WHEREAS, annual expenditures (including fees paid to the Metropolitan Council Environmental Services (MCES)) have increased over the past several years; and WHEREAS, Sanitary Sewer Utility expenditures (including rates charged by MCES) are anticipated to continue rising over the foreseeable future; and WHEREAS, the City of Mendota Heights has identified the need to raise sanitary sewer rates and storm sewer utility fees for 2016. NOW THEREFORE IT IS HERBY RESOLVED by the City Council of the City of Mendota Heights that the rate of charge for the use of the Sanitary Sewer Utility shall be set as follows effective the 1st quarter of 2016 (to be billed in April 2016): Residential Base Rate $65.08 Residential Additional Rate per 750 gallons $ 2.30 Commercial Sewer Rate (per Quarter) Minimum Per Meter Size Proposed Rate ¾ Inch $108.65 1 Inch $125.15 1 ¼ Inch $168.84 1 ½ Inch $334.15 2 Inch $668.30 3 Inch $1,336.61 Commercial Well Sewer Rate (per Quarter) Minimum Per Meter Size Proposed Rate 5/8 Inch $224.40 ¾ Inch $224.40 1 Inch $304.34 1 ¼ Inch $382.56 1 ½ Inch $519.55 2 Inch $1,057.99 3 Inch $2,115.98 4 Inch $4,481.06 6 Inch $9,743.81 Adopted by the City Council of the City of Mendota Heights this 1st day of December 2015. page 261 CITY COUNCIL CITY OF MENDOTA HEIGHTS By:______________________________________ Sandra Krebsbach, Mayor ATTEST: _______________________________ Lorri Smith, City Clerk page 262 1101 Victoria Curve I Mendota Heights, t�1N 551�8 051.452.1850 phone ` 551.452.89?Q fax _ �rww.mendota-heighis.com , CITY DF MEND(�TA HE(�HTB DATE: December l, 2015 T'O: Mayor, City Council and City Administrator �iZOlVI: Terry Blum — Public Works Superintendent SUBJ�CT: Purchase of Dump Truck and Snow Piow Equipment i • ' � 1: The Street Maintenance 2016 Budget includes $200,000.00 for the purchase of a new dump trucic with accessories to be paid from bonds sold oii November 3, 2015. The purchase would replace a 2000 Sterling dump truck. In order to purchase a piece of equipment over $50,000, the City Purchasing Policy requires we competitively bid the purchase. The attached Resolution authorizes the City to advertise for bids to purchase a dump truck. Staff is requesting the purchase of a 2.5 ton, single-axle dump truck with the following major specifications: m Front Frame Extension • 2,572,000 RBM, 21.43 SM, 120,000 PSI, Any CT (Single �le) s Set back/forward front axle option • 20,000 pound front axie and matching suspension • Heavy duty front axle shock absorbers • Dual front auxiliary steering gear • 18,000 pound front suspension • 23,000 pound driver differential locking rear a�le and matching suspension • 23,000 air suspension • Rea1 axle heavy-duty shock absorbers + Cuinmins ISX 12L 425 HP 16501b/ft torque engine • Engine Bloek Heater � Allison 4500 RDS 6-Speed Automatic Translnission • Back up Alaxm • Snow Plow Wiring Harness We have purchased three Mack trucks in the past and are very pleased with all of them. The purchase of a fourth Mack would standardize our truck/plow fleet to a single malce of vehicle. We are asking for authorization to bid for the truck now (with purchase and payment in 2016) because the build date would be in January/February (with delivery in June or early July) and if we asked for authorization any later the build date would be in late spring with a much later delivery date. The total cost of the truck (and associated plow equipment to be purchased later) is expected to be under the $200,000.00 budget for the purchase. : _� _I !'�.� ���%i7�� The 2016 Budget includes $200,000.00 for the purchase of the new plow truck. During budget discussions it was agreed that this vehicle would be purchased via financing, and bonds have already been soid to purchase the vehicle. Actual invoices will be received and paid in 2016. ACTION REQUIR.ED• Staff recommends that the City Council authorize the advertisement for bids for the purchase of a new dump truck. If Council agrees with the staff recommendation, it should pass a motion adopting the attached Resolution 2015-98, A RESOLUTION APPROVING SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BII)S FOR THE PURCHASE OF A DUMP TRUC]K by a simple majority vote. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA R]ESOLUTION 2015-98 A RESOLUTION APPROVING SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE PURCHASE OF A DUMP TR�TCK WHEREAS, the Public Works Department reported the need to replace a 15 year old dump truck within the Public Works fleet, and further reported on the proposed costs of said purchase thereof; and WHEREAS, the City Council has heretofore authorized expenditure in 2016 of funds necessary for the purchase and for the Public Works Department to proceed with the acquisition thereof; and WI3ER.EAS, the City Council has directed the Public Works Department to solicit bids for the purchase of a new dump iruck; and WHER.EAS, the Public Works Department has prepared specifications for said purchase and have presented such specifications to the City Council for approval. NOW THEREFORE BE IT RESOLVED; by the Mendota Heights City Council as follows: 1. That the specifications for said purchase be and they are hereby in all respects approved by the City. 2. That the Clerk with the aid and assistance of the Public Worlcs Department be and is hereby, authorized and directed to advertise for bids for said purchase all in accordance with the applicable Minnesota Statutes, such as bids to be received at the City Hali of the City of Mendota Heights by 10:00 A.M., Wednesday, January 7, 2016, and at which time they will be publicly opened in the Mendota Heights City Hall by the Public Works Director, will then be tabulated, and will then be considered by the City Council at its next regular City Council meeting. Adopted by the City Council of the City of Mendota Heights this first day of December 2015. CITY COUNCIL CITY OF MENDOTA �IEIGH7CS Sandra Krebsbach, Mayor ATTEST Loa-a-i Smith, City Clerk DATE: December 1, 2015 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Workshop Meetings COMMENT: INTRODUCTION The Council is asked to establish dates at which time to hold its January goal setting workshop, and also a workshop for the Financial Summit. BACKGROUND The practice of the City Council has been to hold a goal setting workshop in January of each year. The date and time of day for that meeting should be scheduled; three hours’ duration is anticipated. In addition, the Council has authorized a 10 year Financial Management Plan to be put together by the City’s financial advisor, Ehlers and Associates. Initially, the results of that study were to be reviewed with the City Council in January, but given the availability of some of the Councilmembers, February would be a better month. However, if all five of the Council is to be included, mid-April would be the earliest that both meetings could be scheduled. Attached are calendars January, February, and April. One additional meeting would be for the City Council to interview prospective Commission candidates. It is recommended that that be done the day of the City Council meeting of February 2nd. Depending on how many candidates are to be considered, that meeting could start at 5:00 PM, or 5:30 PM RECOMMENDATION The Council should chose dates and meeting time for the following: • Goal Setting Session • Financial Summit Workshop ____________________________ Mark McNeill, City Administrator page 264 page 265 page 266 page 267 DATE: December 1, 2015 TO: Mayor, City Council and City Administrator FROM: Nolan Wall, AICP Planner SUBJECT: Consideration of Proposed Amendment to the Planned Unit Development Agreement with Mendota Mall Associates, LLP (Paster Properties) BACKGROUND The City and Mendota Mall Associates, LLP entered into a Planned Unit Development (PUD) Agreement in 2009 for the Mendota Plaza redevelopment project. Exhibit H of the agreement includes design standards regarding architecture, landscaping, and signage specifically for the development which varies from certain Code requirements that apply to other commercial areas. In conjunction with the opening of Fresh and Natural Foods, Paster Properties is requesting to erect a 20-foot-tall/8-foot-wide inflatable snowman and a separate 48-square foot sign promoting the store’s opening along Highway 110 (see attached site plan). Based on the existing PUD Agreement, it appears that the inflatable snowman is permitted in conjunction with a grand opening. The Agreement also allows for temporary signage, but does not contain any specific standards. As a result, the following Code requirements apply to the development: Title 12-1D-15-D: Temporary Signs: There shall be no more than one temporary (3 months or less) sign on any lot. The total area of such sign shall not exceed twenty five (25) square feet. Based on the information provided by the property owner, in order to allow for the proposed sign, the PUD Agreement could be amended as follows (see attachment for existing standards): Standards • Roof signs, motion signs and portable signs shall be prohibited. • Air inflated devices, banner, pennants and whirling devices, or any such sign resembling the same, shall be prohibited within the site area except when used in conjunction with events, such as grand openings. Ordinances allow for temporary permit. Temporary signage for qualifying events shall not exceed fifty (50) square feet in area per surface and may be erected for no more thirty (30) days by permit from the City of Mendota Heights. • No sign other than governmental signs shall be erected or temporarily placed within any street right-of-way, or upon any public easement. Approval of the proposed amendment would then allow the sign by temporary permit, subject to conditions. BUDGET IMPACT N/A. The fee for a temporary sign permit is $25. page 268 RECOMMENDATION If the City Council desires to approve the request, pass a motion APPROVING THE PROPOSED AMENDMENT TO THE PLANNED UNIT DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MENDOTA HEIGHTS AND MENDOTA MALL ASSOCIATES, LLP., SUBJECT TO THE DRAFTING OF A FORMAL AMENDMENT TO BE REVIEWED BY THE CITY ATTORNEY FOR SIGNATURE BY THE MAYOR AND CITY CLERK. This matter requires a simple majority vote. page 269 page 270 page 271 page 272 page 273 page 274 page 275 page 276 page 277