2016-08-16 Council PacketCITY OF MENDOTA HEIGHTS
CITY COUNCIL AGENDA
August 16, 2016 – 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. Approve August 2, 2016 City Council Minutes
b. Approve Renewal of Dakota County CDA Programs
c. Approve Hiring of Accounting Clerk
d. Approve Hiring of Police Officer
e. Approve Modifications to Seasonal Employee Hiring Process
f. Approve First Amendment to Developer’s Agreement for Mendota Technology Center PUD
Amendment with United Properties
g. Approve Parks Buildings Roof Replacement
h. Resolution 2016-64, Accepting grant funds from Metropolitan Council for Sewer Lining
i. Authorize Purchase of Personal Protective Equipment
j. Resolution 2016-59, Accept Gifts for 5k Race and Parks Celebration
k. Resolution 2016-65, Accept a Gift of Caribou Coffee
l. Authorize a Continual Fire for Wacipi – Pow Wow at St. Peter’s Church
m. Amendment of Contract with Craig L. Ebeling, Consultant
n. Approve Claims List
o. Approve June Treasurer’s Report
6. Public Comments
7. Presentations
a. Swearing In of Police Officer Weston Raberge
8. Public Hearing - None
9. New and Unfinished Business
a. Set September Budget Workshop Date.
10. Community Announcements
11. Council Comments
12. Adjourn
August 2, 2016 Mendota Heights City Council Page 1
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, August 2, 2016
Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota
Heights, Minnesota was held at 8:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights,
Minnesota. The meeting was scheduled for 8:00 p.m. due to the Night to Unite neighborhood parties.
CALL TO ORDER
Mayor Krebsbach called the meeting to order at 8:10 p.m. The following members were present:
Councilmembers Duggan, Povolny, Petschel, and Norton.
PLEDGE OF ALLEGIANCE
Council, the audience, and staff recited the Pledge of Allegiance.
AGENDA ADOPTION
Mayor Krebsbach presented the revised agenda for adoption. Councilmember Duggan moved adoption
of the agenda.
Councilmember Povolny seconded the motion.
Ayes: 5
Nays: 0
CONSENT CALENDAR
Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and
approval. Councilmember Petschel moved approval of the consent calendar as presented and
authorization for execution of any necessary documents contained therein, pulling items e.) Designate
Mendota Heights City Hall as Absentee Voting Location for General Election and i.) Accept
Resignation of Director of Public Works/City Engineer.
a. Approve July19, 2016 City Council Minutes
b. Approve July 18, 2016 Council Workshop Tour Minutes
c. Acknowledge June 28, 2016 Planning Commission Minutes
d. Approve Contract Revision with C. Darlene Oehlke for Meeting Minutes
e. Designate Mendota Heights City Hall as Absentee Voting Location for General Election
f. Ordinance 504, Adjusting No Parking Area on East Side of Warrior Drive
g. Resolution 2016-63 Accept Work, Make Final Payment for the Crown Point and Overlook
Neighborhood Rehabilitation
h. Approve Purchase Order to Collect Citywide Sign Inventory Data
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August 2, 2016 Mendota Heights City Council Page 2
i. Acceptance of Resignation of Director of Public Works/City Engineer
1. Approve Letter Agreement with Craig L. Ebeling, Consultant
j. Acceptance of Resignation of IT Manager
k. Authorization to Allow Job Share of Receptionist Position, and advertise for part-time position
l. Authorization to Seek Bids for Mendakota Park Basketball Court Rehabilitation
m. Acknowledge June 2016 Fire Synopsis
n. Approve Claims List
o. Approve Out of State Travel for Fire Department
p. Approval of Hiring Background Investigation Employee - Terri Berg
Councilmember Duggan seconded the motion.
Ayes: 5
Nays: 0
PULLED CONSENT AGENDA ITEM
E) DESIGNATE MENDOTA HEIGHTS CITY HALL AS ABSENTEE VOTING LOCATION FOR
2016 GENERAL ELECTION
Councilmember Duggan noted that, since this is a national election year, citizens were concerned about
being able to come to City Hall to absentee vote for the November 8, 2016 General Election, instead of
having Dakota County handle the absentee voting for Mendota Heights. The decision to designate
Mendota Heights City Hall to be an absentee voting precinct is to be made by the City Council.
Mayor Krebsbach noted that she was in agreement to have absentee voting at City Hall as residents do
not often get a chance to come in to City Hall and it would be a good use of resources.
Councilmember Duggan moved to approve having the Mendota Heights City Hall as a designated
absentee voting precinct for the citizens of Mendota Heights.
Mayor Krebsbach seconded the motion.
Councilmember Norton asked how many people typically vote absentee in-person. City Administrator
Mark McNeill replied that it averages between 600 – 700 residents who absentee vote in-person.
Ayes: 5
Nays: 0
I) ACCEPTANCE OF RESIGNATION OF DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
Mayor Krebsbach noted that it is with regret that she presented the resignation of Director of Public
Works/City Engineer John Mazzitello. He served the City of Mendota Heights for eight years. She listed
his accomplishments in that time frame and commended him on his leadership of Public Works.
Ms. Cindy Johnson, University of Minnesota Extension Master Gardener and a resident of Mendota
Heights, read a statement and spoke about the great loss to the City that this resignation makes. She
noted some of the advancements made in the Public Works Department.
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August 2, 2016 Mendota Heights City Council Page 3
Ms. Leslie Koger, a resident and a University of Minnesota Extension Master Naturalist, expressed her
appreciation for John Mazzitello’s service to the City and echoed the previous comments.
Councilmember Petschel noted that Mr. Mazzitello taught her everything she knows about road
reconstruction and rehabilitation. The native plantings really started with the Wagon Wheel Road project
with the barrier curb and encouragement to the residents to install rain gardens. She commended him on
his willingness to combine hard engineering with the environment.
Mr. John Mazzitello noted the support that he and his family received when after one year of working
for Mendota Heights, he served in Afghanistan for nine months. He not only expressed appreciation to
the people in attendance, but to others outside of staff and Councilmembers.
Councilmember Duggan stated that Mr. Mazzitello has always been a friendly and cooperative person
both in City Hall and outside in the community and with the people he has dealt with.
Councilmember Duggan moved to accept with regret the resignation of John Mazzitello from City
employment effective August 19, 2016.
Councilmember Norton seconded the motion.
Ayes: 5
Nays: 0
I) 1. APPROVE LETTER AGREEMENT WITH CRAIG L. EBELING, CONSULTANT
In light of the resignation of John Mazzitello and the results of the organizational study recently
completed, and as part of a transition plan, City Administrator Mark McNeill recommended that Craig
L. Ebeling, one of the consultants who completed the organization study, be authorized to create a
transition plan to move the Public Works/City Engineering department forward.
Councilmember Duggan moved to approve the agreement with Craig L. Ebeling, Consultant.
Councilmember Petschel seconded the motion
Ayes: 5
Nays: 0
PUBLIC COMMENTS
There were no public comments.
PRESENTATIONS
No items scheduled.
PUBLIC HEARING
No items scheduled.
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NEW AND UNFINISHED BUSINESS
A) RESOLUTION 2016-62 CONDITIONAL USE PERMIT AT 1295 KENDON LANE,
PLANNING CASE 2016-24
Planner Nolan Wall explained that the applicant was seeking a Conditional Use Permit to construct a
roof-mounted solar energy system at 1295 Kendon Lane. The subject parcel is approximately 1.29
acres, contains a single family dwelling with an attached garage, and is guided low density residential.
City code does permit solar energy systems as a conditional use in all districts, subject to conditions.
Planner Wall explained how this application meets all of the City Code standards. Staff recommended
approval of this request.
Mr. David Hiner, 1295 Kendon Lane, commented on the benefits of this system to be installed. He
commented about having to go through the Planning Commission for approval. The requirements are
well written and if someone passes them, they should not have to go through the Planning Commission.
Councilmember Petschel moved to adopt RESOLUTION 2016-62 APPROVING A CONDITIONAL
USE PERMIT AT 1295 KENDON LANE based on the finding of fact and conditions as stated in the
resolution.
Councilmember Duggan seconded the motion.
Ayes: 5
Nays: 0
B) ORDINANCE 502 REZONING FROM B-1 LIMITED BUSINESS TO I-INDUSTRIAL AT 2500
LEXINGTON AVENUE SOUTH, PLANNING CASE 2016-28
C) ORDINANCE 503 CONCERNING WAREHOUSE USES IN THE I-INDUSTRIAL DISTRICT,
PLANNING CASE 2016-29
Since Ordinance 502 and Ordinance 503 concern the same property, Planner Wall recommended they be
discussed together.
Planner Wall explained that the City is considering rezoning the property at 2500 Lexington Avenue
South from B-1 Limited Business to I-Industrial and is also proposing corresponding amendments to
Title 12, Chapter 1, Article G, Article G1, and G2 of the City Code concerning warehouse uses in the
Industrial District.
As part of Planning Case 2016-23, the owner of the subject property contained a vacant office and
warehouse building. They applied for a code amendment to add commercial recreation and warehouse
uses to the B-1 Limited Business District. The City Council determined that rezoning to Industrial and
developing additional conditions to warehouse uses adjacent to residential uses was better suited to
address the property owner’s request. As a result, the original application was withdrawn and staff
proposed two ordinances for continued discussion.
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August 2, 2016 Mendota Heights City Council Page 5
Ordinance 502 - Rezoning
Planner Wall shared that the property is currently zoned B-1 Limited Business. To the north is an R-3
zoned property (CDA Townhouse Development) and further to the north are the Lexington Heights
apartment buildings. To the south are adjacent office uses and across Lexington Avenue is property
zoned as Industrial.
The Industrial District allows for a wider variety of uses than the B-1 Limited Business District, and is a
better fit for the building’s existing build-out, which would include business and professional offices and
warehouse/distribution as permitted uses, and commercial recreation as a conditional use. The subject
property is guided as Business and would require an amendment to the Comprehensive Plan if the
rezoning request were approved.
Ordinance 503 – Code Amendment to the Industrial District
Planner Wall noted the subject property’s location directly adjacent to residential use may warrant
additional review and corresponding conditions mitigating any potential negative impacts to surrounding
uses from a potential future use on this property. If the property were to be rezoned to Industrial, staff
proposed this corresponding code amendment, which includes two sections:
1. The existing code for permitted uses in the Industrial District simply allows for warehouse and
distribution. Staff would recommend adding the clause ‘warehousing and distribution not
abutting a residential use’.
2. Would read ‘warehousing and distribution abutting a residential use, provided that these eight
conditions are met:
a. A fence along the property boundary line adjacent to the residential use is constructed, in
compliance with section 12-1G-7-E of this chapter.
b. Loading areas shall not be serviced by loading docks, unless completely screened from the
ground-level view from adjacent properties and streets, except at access points, in
compliance with section 12-1D-13-2-E-2 of this chapter. [The subject property does not have
a loading dock but has two double doors to access the existing warehouse area]
c. Truck traffic shall not impede vehicle circulation, as determined by the City Engineer.
d. Operations shall not include retail sales, unless compliant with section 12-1G-2 concerning
accessory, enclosed retail sales.
e. Any exterior improvements to the building and/or property are compliant with section 12-
1D-13-2 of this chapter.
f. The proposed use shall be compliant with all applicable performance standards in section 12-
I of this chapter.
g. Hours of operation for delivery/distribution shall be limited to seven o'clock (7:00) A.M. to
eight o'clock (8:00) P.M.
h. Additional conditions that mitigate potential negative impacts may be included, as
determined by the City Council.’
It was worth noting that many of these requirements are already in the code; however, this combines
them and makes it easier to ensure adherence as part of a Conditional Use Permit request. This proposed
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August 2, 2016 Mendota Heights City Council Page 6
use would be a conditional use, which would require a public hearing before the Planning Commission
and City Council action.
Councilmember Duggan moved to adopt ORDINANCE NO. 502 AMENDING THE OFFICIAL
ZONING MAP.
Councilmember Povolny seconded the motion.
Ayes: 5
Nays: 0
Councilmember Duggan moved to adopt ORDINANCE NO. 503 AMENDING TITLE 12, CHAPTER
1, ARTICLE G OF THE CITY CODE, CONCERNING WAREHOUSE USES IN THE INDUSTRIAL
DISTRICT.
Councilmember Povolny seconded the motion.
Ayes: 5
Nays: 0
D) MENDOTA PLAZA SECOND ADDITION, CONDITIONAL USE PERMIT FOR PLANNED
UNIT DEVELOPMENT AMENDMENT, PRELIMINARY/FINAL PLAT, AND WETLANDS
PERMIT, PLANNING CASE 2016-16
Planner Nolan Wall explained that the applicant was seeking approval to amend a Planned Unit
Development / Final Development plan that includes a Preliminary/Final Plat requests and a Wetlands
Permit. He shared an image of the property, which is a vacant parcel in the northeast corner of the
existing Mendota Plaza Development, fronting Highway 110.
The City Council was presented the proposed development plans at the July 6th meeting for review and
tabled action on the requests. Since then, staff and the applicant have been working to address the issues
raised at that meeting. Provided in the Council packet were staff responses to the comments from that
meeting, a memo from the Mendota Heights Fire Department, a copy of the Planned Unit Development
Agreement, and the applicant’s responses to the comments from the meeting, as well as their comments
to the proposed conditions of approval that staff previously presented. Revised architectural plans and
revised civil plans were also provided for continued review and discussion.
Planner Wall presented staff’s responses to the comments/questions from the July meeting regarding:
1. 120-day Timeline
2. Fire Department Review
3. Pylon/Monument Signs
4. Planned Unit Development Agreement
5. Previously-approved Apartment Building
6. Grading
Councilmember Duggan noted that in reading through the original final PUD Agreement under the
heading Parking it reads ‘Parking stall size standards must meet City Zoning ordinance requirement’
and asked how the City could get around that stated requirement. City Attorney Tom Lehmann replied
that since this is part of the PUD Agreement, modifications could be made to the agreement.
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August 2, 2016 Mendota Heights City Council Page 7
Councilmember Duggan recalled that in the original presentation there was an indication of different
sizes of parking stalls for cars, including compact cars. Those are different sizes than what is stated in
the City’s ordinance and may be in conflict with the 2009 Developers Agreement. He suggested that
legal take a look at this.
Planner Wall replied that there are a number of things that need to be addressed in the Development
Agreement as a result of potential approval of their request. That is one that would be earmarked that
would need to be amended in the Development Agreement to coincide with what is ultimately approved.
They are proposing varying stall widths and lengths in certain locations for parking. Staff is comfortable
with the proposal and they meet industry standards. An amendment to the Development Agreement
would be proposed.
Mayor Krebsbach then asked what action staff is looking for this evening. Planner Wall recommended
that the City Council review the responses to the comments, continue discussion of the request, and then
table the matter to a future Council meeting as appropriate but no later than September 23, 2016.
Councilmember Duggan noted that he had provided a list of questions he had. Mayor Krebsbach
requested that staff review the questions and report back at the next meeting. City Attorney Tom
Lehmann suggested that Mr. Wall review Councilmember Duggan’s list and communicate directly with
Councilmember Duggan on the issues. Mayor Krebsbach requested that Planner Wall communicate
directly with Councilmember Duggan but include the responses in the Council packet at the next
meeting. However, after discussion, staff and the applicant were prepared to respond to the items listed.
Question Response
1. Will any apartments be ‘non-market’ rate All of the units are market rate units
2. Has St. Paul Regional Water been contacted
regarding the easements
Yes, they would be included as part of the final
plans for consideration
3. Has the research been done on park dedication
payments
Yes, it is on the list of items to address as part of a
subsequent Development Agreement Amendment
4. Clarification that MnDOT is ready to address
the right-of-way approvals by September 23, 2016
The applicant can provide that information
5. Wetlands Approval A Wetlands Permit Request is part of the
application. A new delineation was completed and
the Wetlands Conservation Act Permit from the
previous development is still active.
6. Future Dodge Nature Center concerns – have
they received copies of the most recent maps, in
relation to the buildings backing up and the
location of the paths and retaining wall
They were provided the information that was
provided to the Council for the July 6th meeting
and their comments were included in that packet.
There has been no further communication between
staff and the Dodge Nature Center.
7. If applicant comes up with newer designs that
change in relation to the path and retaining wall
Staff would follow-up with Dodge Nature Center
8. Commercial building parking challenges –
indication is that what the City requires and what
they are proposing is far apart. He believes the
indication was that there would be 105 spaces
Yes, they are proposing 105 parking spaces for the
commercial development
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August 2, 2016 Mendota Heights City Council Page 8
Does that meet the current standard
Yes and no. The current parking code is based on
the number of employees and other space
requirements. That number right now is
speculative. However, staff worked backwards
from what their proposed square footage of
restaurant spaces to determine something that they
felt was consistent with the original PUD
development. Staff is proposing to include a
condition in the Development Agreement that
limits the square footage of restaurant use in the
two buildings, based on their traffic study and on
the square footage that was used to determine the
appropriate ratio, which staff recommended as
being acceptable and which was reviewed by the
consultant from Stantec
9. What is the true access road to this development There is a driveway off Dodd Road, there is
whatever access is granted by MnDOT off Hwy
110, and there is South Plaza Drive off Dodd Road
10. With the addition of the MnDOT access, will
that be enough access points for the size of the
proposed two buildings and the apartments – will
the widths be wide enough for deliveries and have
the ability to allow for turnarounds
That information was not readily available, but
staff would follow-up on that concern
11. The high density in the City of Mendota
Heights is 8.5 to an acre. The density being
proposed exceeds that. Has Metropolitan Council
looked at this and what have they had to say
The maximum allowed density for housing in the
high-density residential guided land use is 8.5.
This particular property is guided as mix-used
planned unit development, which actually has an
allowed density range of 6 to 10 housing units per
acre. The previous proposal would have been
10.76 units per acre; however, with the reduction
of units, they are proposing 10.21 units per acre. It
is slightly over what the Comprehensive Plan
allows; there is also two clauses in the code that
allow for the City to determine the density at the
discretion of City Council. The density at The
Village is more.
Staff has not engaged the Metropolitan Council
nor is it a requirement. The suspicion would be
that they would be supportive of any increased
density in this community in an appropriate area.
Staff feels this is an appropriate area.
12. Swimming pool setbacks Applicant will address as part of their comments
13. Stormwater management – concern that the
City would not have to make any repairs or be
responsible if something became a problem
That will be addressed in the Development
Agreement
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August 2, 2016 Mendota Heights City Council Page 9
14. Full traffic report from MnDOT – is that
pending
This would be part of MnDOT’s review process
for consideration of the right-of-way permit.
Councilmembers have not received a copy of the
report. Staff would provide to Council
15. MnDOT right-of-way access status Still pending; applicant can address; staff is
recommending no Council action until we receive
correspondence from MnDOT
16. Will the City be indemnified in relation to
some storm sewer line that could be between or
beneath the pool and the wall
That specific issue has been addressed and the
utility line has been moved or removed
17. Retaining wall in excess of four feet Any retaining wall over four feet requires
engineering drawings as part of the building permit
process and is included as a condition of approval
18. PUD Agreement, there is a standard that says
that parking stall standards must meet City
requirements– how will that be addressed
That was discussed earlier this evening
Staff is recommending that because this is a PUD
and because compact stalls are slightly narrower
than what the code allows for – but are acceptable
industry standards – staff is recommending
approval. If included, then the Development
Agreement would need to be amended. Larger
stalls would decrease the amount of parking, which
staff feels is a number that they could work with.
The City’s standard codified parking stalls are 9
feet wide and 20 feet long. If the stall overhangs a
curb, staff allows 9 feet wide and 18 feet long. The
compact stalls being proposed are 8.5 feet wide
and 18 feet long – a typical compact stall is 8 X 16
feet. They are proposing something larger that staff
feels would be acceptable.
19. Is there any indication of who the buyers or
tenants of the two retail buildings may be
Deferred to the applicant
Mr. John Kohler of Paster Properties and Mr. Pete Keely of Collage Architects provided responses to
concerns raised regarding commercial building setback, proof of parking, resident parking, providing
two stalls per unit, restaurant parking, pool setback, original proposal/traffic study include the 4-story
apartment and full build out, residential building in relation to Dodge Nature Center, unit reduction,
rooftop deck, wood frame construction.
They also indicated they have a meeting scheduled with MnDOT on August 4 regarding the traffic
study, which would also address the access to Highway 110.
Councilmembers expressed their appreciation for the hard work done by the architect and the applicant
in the new plans and how the suggestions made by the Council were incorporated. It has made the look
and feel of the area much more attractive.
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August 2, 2016 Mendota Heights City Council Page 10
Councilmember Duggan moved to TABLE ACTION and direct staff to prepare a resolution including
conditions and findings of fact for APPROVAL of the CUP for PUD Amendment, Preliminary/Final
Plat, and Wetlands Permit in Planning Case 2016-16 for consideration at the August 16 City Council
meeting or at another future meeting before September 23, 2016.
Councilmember Petschel seconded the motion.
Ayes: 5
Nays: 0
E) ORDINANCE 499 CONCERNING TEMPORARY FAMILY HEALTH CARE DWELLING
UNITS, PLANNING CASE 2016-25
Planner Nolan Wall explained that the City was considering an amendment to Title 12-1D-3 of the City
Code concerning temporary family health care dwelling units. As part of the 2016 legislative session, a
bill was passed that requires cities to allow for installation of a temporary residential dwelling on a
property for the care of a mentally or physical-impaired person who is related to the resident as a
permitted use. In addition, applications are exempt from certain zoning, building, and fire regulations
and permits must be approved with 15 days. That initial permit is valid for six months and can be
renewed once for an additional six months. A temporary dwelling that meets the requirements of the law
cannot be prohibited by local ordinance that regulates accessory uses or recreational vehicle parking or
storage. As a result, many communities voiced concerns and rejections to this proposed legislation
through the League of Minnesota Cities. As a result, the law was passed with an opt-out provision by
ordinance. This new law goes into effect on September 1, 2016 and the proposed code amendment does
include the recommended opt-out language that has been provided by the League of Minnesota Cities
with an additional statement that was recommended for inclusion by the Planning Commission.
It was worth noting that staff feels this new law is well intentioned; however, certain aspects of the
proposed regulations do contrast with existing City Ordinances. As a policy matter, if the City Council is
interested in allowing temporary housing options or accessory dwelling units, staff recommends
bringing forward more information for discussion in order to develop regulations that better fit the
community.
Councilmember Petschel noted that she had experience with this while in San Diego. This was a young
couple with three children and a new baby who had no place for a nanny and dropped what was
essentially a container home on the back lot of their property.
Councilmember Duggan asked if reasons for choosing to opt-out needs to be given. Planner Wall replied
in the negative and noted that the statute says the municipality has the right to opt-out.
Councilmember Petschel moved to adopt ORDINANCE 499 AMENDING TITLE 12, CHAPTER 1,
ARTICLE D OF THE CITY CODE, CONCERNING OPTING-OUT OF THE REQUIREMENTS OF
MINNESOTA STATUTES, SECTION 462.3593.
Councilmember Duggan seconded the motion.
Ayes: 5
Nays: 0
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F) ORDINANCE 501 CONCERNING HOTEL DEFINITION AND FIRST FLOOR ELEVATION
STANDARDS, PLANNING CASE 2016-26
Planner Nolan Wall explained that the City was considering an amendment to Titles 12-1B-2 and 12-1E-
1-A-5 of the City Code concerning hotel definition and also the first floor elevation standard for new
dwellings. The proposed amendments seek to clean up existing language and to clarify the intent of the
proposed regulation. While they are not related they do relate to issues that staff has encountered
recently. Therefore, they were included in one ordinance for consideration.
Hotel Definition
The existing definition reads HOTEL: A building containing eight (8) or more guestrooms in which
lodging is provided for compensation, with or without meals, and which is open to transient guests, and
in which ingress and egress to and from all rooms is made through an inside lobby or office supervised
by a person in charge.
Staff contends that the statement ‘open to transient guests’ is potentially difficult to interpret and
enforce. In the absence of a definition of ‘transient’ in the code, staff is unclear whether or not the intent
was to prohibit extended-stay hotels.
Recently, developers for a potential additional extended-stay hotel brand use within the Industrial
District have approached staff. In addition, the two existing hotels might also have guests that stay more
than the typical two to three nights as a traditional hotel. For these reasons staff is proposing an option to
amend the code as recommended by the Planning Commission: HOTEL: A building containing eight (8)
or more guestrooms in which lodging is provided for compensation, with or without meals, and in which
ingress and egress to and from all rooms is made through an inside lobby or inside office supervised by
a person in charge.
Councilmember Duggan suggested the following changes: . . . in which lodging is provided for
compensation, with or without meals, to paying guests . . . Councilmember Norton and Councilmember
Petschel noted that compensation could be in the form of airline miles, hotel points, etc. and
recommended the language remain as proposed.
First Floor Elevation
City Council adopted several standards as part of Ordinance 478 that was put together to address
concerns regarding teardowns and new single-family residential construction impacts. Generally, a new
residential dwelling may not raise the first floor elevation more than one foot above the existing
condition. However, that first floor elevation can be increased more than one foot by a Conditional Use
Permit based on meeting three conditions in the existing code. In some cases there may be existing
conditions with a developed property that cannot or should not be applied to new construction. There is
a specific situation that staff has encountered where an existing driveway and garage floor are actually
below the roadway, which is not standard engineering practice. Upon demolition and construction a new
dwelling, a reasonable solution would be to raise the first floor elevation in order to construct a driveway
and garage floor at an appropriate slope in order to ensure proper drainage. Under the current code
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August 2, 2016 Mendota Heights City Council Page 12
regulations that situation would not qualify for a Conditional Use Permit and would require a Variance.
Rather than consider a variance for a situation that seems to be reasonable and meets the intent of the
regulation, staff proposed to amend the current City Code language to expand the Conditional Use
Permit conditions to include “Comply with standard engineering practices, including, but not limited to,
grading, drainage, access, or utility connection at the discretion of the City Engineer.”
Mayor Krebsbach asked how the need for this change came about. Planner Wall replied that there had
been a few homes where this has been applied where they did not have any issues potentially meeting
the requirement. However, there is a specific property where there is potentially an issue with one of the
home sites based on where the existing home was constructed and improvements over time to the
roadway that actually contributed to the roadway being higher than the opening to the garage floor and
part of the first floor elevation.
Councilmember Petschel noted that a prime example would be a home that has had chronic water
problems and seepage in the basement. Someone demolishes the home and after studying the
topography, the ground water, the wetlands, the fact that it might even be over an active stream realizing
that that the home can only be raised a foot, they would still have a wet home. This would allow the
engineer to weigh in. The request would need to be reviewed by the Planning Commission and City
Council.
Councilmember Duggan asked how this would apply in the Critical Area, and is it only a foot or could it
be more. Planner Wall replied that it could potentially be more than a foot; however, the City Engineer
would determine that. Raising it more than a foot triggers the needs for a Conditional Use Permit.
Councilmember Duggan then noted a situation where the elevation of a home in the Critical Area was
raised by two feet, thus changing the sight line for the neighbors.
Councilmember Duggan suggested that Condition (2) be edited to read “. . . or by a certified hydrologist,
and the results provided for review and consideration.” Staff agreed to make that edit.
Councilmember Duggan moved to adopt ORDINANCE NO. 501 AMENDING TITLE 12, CHAPTER
1, ARTICLE B AND ARTICLE E OF THE CITY CODE, CONCERNING HOTEL DEFINITION
AND FIRST-FLOOR ELEVATION STANDARDS, with an additional edit as proposed.
Councilmember Norton seconded the motion.
Ayes: 5
Nays: 0
COMMUNITY ANNOUNCEMENTS
City Administrator Mark McNeill made the following announcements:
• I-35E will be closed this weekend between Shepard Road and I-94. The northbound closure will
extend to Highway 110 until noon on August 6.
• The Night to Unite events were successful with 21 different parties.
• State Primary is August 9. Absentee voting for the General Election will be at City Hall.
• The Village Concert Series continues the following night.
• The Puppet Wagon at The Village continues on Mondays from 11:45 a.m. to 12:30 p.m.
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August 2, 2016 Mendota Heights City Council Page 13
COUNCIL COMMENTS
Councilmember Duggan wished a Happy Birthday to Gail McNeill on reaching her 90th birthday. He
also congratulated his grandson on reaching 6 years of age. He expressed his appreciation of how
friendly the residents were at the Night to Unite events this evening.
Councilmember Povolny also noted that he enjoyed himself at the Night to Unite events and was
surprised at how many young people are living in Mendota Heights.
Councilmember Norton had no additional comments to what was already stated.
Councilmember Petschel enjoyed the events and is pleased with the current ‘baby boom’ in the city. She
was unable to attend many events because the police officer she was riding with received a call
regarding a bike accident on the Mendota Bridge. She noted the wonderful help the victim received from
others in the area.
Mayor Krebsbach noted that she was able to attend six Night to Unite events and concurred that it was
great fun to see everyone.
She also noted that Mendota Heights has an Olympian named Tom Malchow. He won a silver medal in
the 200-meter butterfly in 1996 and a gold medal in the men’s 200-meter butterfly in 2000.
Mayor Krebsbach congratulated a Henry Sibley High School student who received a perfect ACT score.
ADJOURN
Councilmember Duggan moved to adjourn.
Councilmember Petschel seconded the motion.
Ayes: 5
Nays: 0
Mayor Krebsbach adjourned the meeting at 10:16 p.m.
____________________________________
Sandra Krebsbach
Mayor
ATTEST:
_______________________________
Lorri Smith
City Clerk
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DATE: August 16, 2016
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Renewal of Dakota County CDA Programs
COMMENT:
INTRODUCTION
The Council is asked to approve the renewal of participating in three programs administered by
the Dakota County Community Development Agency (CDA)
BACKGROUND
Since at least 2010, the City of Mendota Heights has been eligible to be a participant in three
Federal programs—the Community Development Block Grant (CDBG), which has funded
housing rehabilitation programs; and well as the county-wide HOME Investment Partnership
Program, and the Emergency Solutions Grant (ESG). By continuing as a “Cooperating
Community”, the City would be eligible to receive assistance from the CDA, should it choose to
participate in any of the programs.
These programs have automatically renewed in the past, and would have done so again, except
for a change in contract language. According to the CDA, this year, HUD made some minor
verbiage changes, which is why each City in Dakota County is being asked to renew.
This would be for a three year period, to commence July 1, 2017. (HUD has requested
participating agencies to renew this far in advance.)
BUDGET IMPACT
There is no financial impact to the City for renewing these agreements.
RECOMMENDATION
I recommend approval.
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ACTION REQUIRED
If the Council concurs, it should, by motion, authorize City’s participation in the Dakota County
CDA-administered CDBG, HOME, and ESG programs.
Mark McNeill,
City Administrator
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DATE: August 8, 2016
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Accounting Clerk Hire
COMMENT:
INTRODUCTION
The Council is asked to approve the hiring of Jocelyn Steere for the position of Accounting
Clerk.
BACKGROUND
The position of Accounting Clerk has been vacant since the resignation of the previous employee
earlier this summer. The former positon was full time; after a review of the job responsibilities,
it was determined that this position could be reduced to .6 Full Time Equivalent, or 3 days per
week.
A recruitment and interview process was held for this as a part time position. After narrowing it
to one, a background check on that person was completed. As a result, Jocelyn Steere is
recommended for hire. Ms. Steere has several years of experience working in the accounting
field at this level.
BUDGET IMPACT
The position is budgeted. As noted, it will be at a part time status, and so there will be a savings
to the City from the amount provided in the FY 16 budget.
She is recommended to be hired at Step B, which is $23.61 per hour. That is the middle of the
hiring range; she would be eligible to advance to Step C after one year. She will be eligible for
pro-rated employee benefits. Her start date will be August 23rd.
RECOMMENDATION
I recommend that Jocelyn Steere be hired as Accounting Clerk for the City of Mendota Heights.
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ACTION REQUIRED
If the Council concurs, it should, by motion, authorize the hiring of Jocelyn Steere as .6 FTE
Accounting Clerk for the City, effective August 23, 2016.
Mark McNeill,
City Administrator
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DATE: August 16, 2016
TO: Mayor, Council and City Administrator
FROM: Mike Aschenbrener, Chief of Police
SUBJECT: Personnel Action Item
COMMENT:
INTRODUCTION
Council is asked to formally hire and swear in a new Police Officer Weston Raberge.
BACKGROUND
Staff has worked diligently to fill the open positions with in the police department with qualified
candidates. The position was advertised and a number of applicants met all of the criteria.
Interviews were conducted over two days and the top candidates were move to the background
investigation phase.
Weston Raberge has successfully completed his background check, a medical exam, a drug
screen and psychological as required by the Minnesota Peace Officers Standards and Training
Board. The candidate is eligible for a Minnesota Peace Officers license after being hired by the
City.
Most recently the candidate was in the United States Air Force where he served as a Military
Police Officer including tour in Afghanistan he was recently honorably discharged. While in the
military he finished his Bachelor of Science degree in Criminal Justice and took the exam to be
eligible for licensure as a police officer in Minnesota.
BUDGET IMPACT
This a budgeted position and the funding is in place.
RECOMMENDATION
If Council desires to implement the recommendation, pass a motion appointing Weston Raberge
to the position of probationary Police Officer and swear him in. He would start employment
effective August 17, 2017 at pay step 1, $4,823 per month, of the Law Enforcement Labor
Services contract.
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DATE: August 16, 2016
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Seasonal Employee Hiring Process
COMMENT:
INTRODUCTION
The City Council is asked to approve a change in the way that specific seasonal employees are
hired and terminated by the City.
BACKGROUND
The City Council has, by practice, been the hiring authority for all of the City’s employees,
including fulltime, part-time, and seasonals.
When sufficient time exists, processing all hires through the Council presents no problems.
However, there are other situations when, at least when relating to seasonal employees, the delay
is a concern. This relates especially to seasonal employees in Recreation, Public Works, and the
Par 3; and interns in Engineering.
For example, during times of full employment, good short term employees can be in demand,
and some potential workers who have applied in multiple locations will take the first job offered.
In those cases, the delay to get Council approval may cause the prospective worker to take a job
elsewhere.
There are other times when insufficient notice has been given to the City that a seasonal is
leaving, and a replacement needs to be hired quickly. An example of this is when student
workers at the Par 3 leave to go back to school sooner than expected, and short term employees
who will work only a dozen or so hours per week for 6 weeks must be brought on board.
For these reasons, I am recommending that the City’s practice of hiring seasonal employees no
longer be required to be approved by the City Council, assuming that two conditions are met:
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1. The positions are either budgeted and paid for through the general levy, or are for work at
the Par 3, which operates through an enterprise fund; and
2. The positions meet the Minnesota Public Employees Labor Relations Act’s (MPELRA)
definition of student employment, meaning less than 100 days per year, or are non-
student employees limited to 67 days of annual employment.
This proposal would not apply to other longer term Par 3 seasonal employees who work the
entire season (in excess of 67 days). Those hires would continue to be approved by the City
Council.
The ability to terminate for unsatisfactory performance, while rare, should also be addressed.
This allows for getting the position vacated as quickly as possible, so as not to delay the hiring of
a replacement employee.
The City Attorney indicates that there is no statutory provision that would prohibit this change in
practice. The City Council will retain the budgetary control, and the ability to hire and discharge
full and part time employees.
BUDGET IMPACT
There is no budget impact.
RECOMMENDATION
Because of the greater efficiencies involved, I recommend that the Council authorize the City
Administrator or his/her designee the ability to hire and discharge seasonal employees for
positions which are either budgeted through the general fund or work for the Par Three, and are
employed annually for less than 100 days as students, or 67 days as non-students. This would
take effect upon approval by the Council.
ACTION REQUIRED
If the Council concurs, it should, by motion, authorize the City Administrator or designee to
approve the hire and discharge of seasonal employee positions which are budgeted through the
General Fund or work at the Par 3, and are covered under MPELRA’s annual employment
applicable limitations of 100, or 67 days.
Mark McNeill
City Administrator
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Request for City Council Action
MEETING DATE: August 16, 2016 TO: Mayor and City Council, City Administrator FROM: Nolan Wall, AICP – Planner SUBJECT: Consider Developer’s Agreement Amendment with United Properties
COMMENT:
Introduction
The City Council approved Resolution 2016-51 at the June 7, 2016 meeting approving a minor change to
the Mendota Technology Center PUD Amendment final development plan. As a condition of approval, a
subsequent amendment to the original Developer’s Agreement was required.
Background
The approved PUD amendment concerned revised exterior materials for the proposed office/warehouse
building at 1312 Northland Drive. Attached is the DRAFT First Amendment to the Developer’s
Agreement, which includes the following exhibits:
1. Revised Building Elevations
2. Revised Landscape Plan
3. Original Agreement
Discussion
The revised building elevations have already been approved by the City Council, as in Resolution 2016-51.
The revised Landscape Plan was a condition of approval for the original PUD Amendment in 2014 and
includes additional vegetative screening along the western property boundary line. Staff has reviewed the
revised plan and determined that the proposed landscaping and berm provide compliant screening of the
back of the building. In addition, a performance bond/letter of credit is required to guarantee the landscaping
for one full growing season and a clause is included in the Developer’s Agreement to consider additional
screening in the future, if necessary.
The building permit for the proposed development is in the final stages of review and construction is
proposed to commence upon issuance with completion by early 2018.
Budget Impact
N/A
Recommendation
Staff recommends the City Council approve the First Amendment to the Mendota Technology Center PUD
Developer’s Agreement.
Action Required
This matter requires a simple majority vote.
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Page 1
FIRST AMENDMENT TO DEVELOPER’S AGREEMENT
THIS FIRST AMENDMENT TO DEVELOPER’S AGREEMENT (this “First Amendment”) is
made as of the 16th day of August, 2016 (“Effective Date”), by and between the City of Mendota
Heights, a municipal corporation under the laws of the State of Minnesota (the "City"), and United
Land LLC, (the "Developer").
WITNESSETH; That:
WHEREAS, the City and the Developer entered into a Developer’s Agreement dated May
20, 2014 (“Original Agreement”);
WHEREAS, the Developer and the City desire to enter into this First Amendment to the
Developer’s Agreement.
NOW, THEREFORE, in consideration of the premises and of the mutual promises and
conditions hereinafter contained, it is hereby agreed as follows:
1. The Final Plans referenced in Section 4-B-3 and set forth in Exhibit B of the Original
Agreement are hereby amended to include the revised elevations and corresponding exterior
building materials, as approved by the City Council on June 7, 2016 by Resolution 2016-51,
as included in Exhibit A to this First Amendment.
2. The Final Plans referenced in Section 4-B-3 and set forth in Exhibit B of the Original
Agreement are hereby amended to include the revised Landscape Plan, as required by
Resolution 2014-14 as set forth in Exhibit D of the Original Agreement, as included in Exhibit
B to this First Amendment.
3. All other conditions and agreements that are set forth in the Original Agreement, as in
Exhibit C, shall remain in full force and effect.
IN WITNESS WHEREOF, the City has caused this First Amendment to be duly
executed in its name and behalf and the Developer has caused this First Amendment to be duly
executed in its name and behalf on or as of the date first above written.
CITY OF MENDOTA HEIGHTS
By:
Its: Mayor
By:
Its: City Clerk
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STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ____ day of __________________,
2016, by Sandra Krebsbach and __________________, the Mayor and City Clerk, respectively,
of the City of Mendota Heights, a Minnesota statutory city, on behalf of such city.
Notary Public
UNITED LAND LLC
By:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ____ day of __________________,
2016, by ______________________________, the _________________________ of United
Land LLC, on behalf of such corporation.
Notary Public
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Page 3
Exhibit A to First Amendment
Building Elevations
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Exhibit B to First Amendment
Landscape Plan
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Exhibit C to First Amendment
Original Agreement
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Page 1
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into this 20th day of May, 2014, by and between
the City of Mendota Heights, a municipal corporation under the laws of the State of Minnesota (the
"City"), and United Land LLC, (the "Developer").
WITNESSETH; That:
WHEREAS, the Developer has made application to the City Council for approval of the
Mendota Technology Center 4th Addition plat and a conditional use permit to amend a planned unit
development within the corporate limits of the City described as follows:
See Attached Exhibit A
(the "Development"); and,
WHEREAS, the City Council has on March 4, 2014, granted approval to the plat and
conditional use permit, upon a condition that the Developer enter into this Agreement stipulating the
conditions for the development, including on-site improvements, hereinafter described, all in
accordance with the terms and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the premises and of the mutual promises and
conditions hereinafter contained, it is hereby agreed as follows:
1. DEVELOPER IMPROVEMENTS: The Developer will construct at Developer's expense
the following improvements according to the following terms and conditions:
A. The Developer shall do all site grading, common greenway and open spaces, storm
water storage ponds, surface drainage ways and the sodding of boulevards when
private driveways are constructed, all in accordance with the grading, drainage,
landscaping and site plans attached as Exhibit B (“Plans”). The Plans are hereby
approved by the City, except for building permit review and approval by City staff.
Any changes to the Plans during construction shall be submitted to the City for
approval and no changes shall be made by the Developer until approval is obtained
from the City.
B. The Developer shall control soil erosion ensuring:
1. The Developer has submitted an erosion control plan, detailing all
erosion control measures to be implemented during construction as
part of the Plans.
2. Appropriate control measures as required by the City Engineering
Department shall be installed prior to development and as may be
necessary to control erosion.
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3. Land shall be developed such that adequate erosion and siltation
controls can be provided as construction progresses.
4. The Developer shall not locate its equipment within the public right-
of-way adjacent to this development without the express written
consent of the City Engineer.
C. The Developer shall place iron monuments at all lot and block corners and at all
other angle points on boundary lines. Iron monuments shall be replaced after all
street and lawn grading has been completed in order to preserve the lot markers.
D. The Developer shall be responsible for maintaining the location of and protecting
curb stops, water services and sewer services. Any service or curb stop damaged as
a result of the construction work being performed by the Developer or any of its
contractors or subcontractors shall be repaired or replaced, at the Developer’s
expense, as specified by the City. The Developer shall make all adjustments to the
curb stops to bring them flush with the topsoil (after grading) or driveway surface.
E. The Developer shall be responsible for street maintenance resulting from
construction work being performed by the Developer or any of its contractors or
subcontractors, including maintenance of curbs, boulevards, sod and street sweeping
until the project is complete. The Developer shall maintain all streets free of debris
and soil that has resulted from the work being performed by the Developer or any of
its contractors or subcontractors until the development is completed. Warning signs
shall be placed when hazards develop in streets and directing attention to detours.
The repair of any damage done to the streets or public utilities by Developer or any
of its contractors or subcontractors, shall be at the cost of the Developer.
F. The Developer shall dedicate by easement the drainage and storm water holding
pond required by the City to be shown on the final plat. The Developer shall be
responsible for storm sewer cleaning and holding pond dredging within the
Development, as required, by the City. Prior to the City performing any non-
emergency work on the storm sewer and holding pond, the City will give notice to
Developer and a 15-day opportunity to perform such work. The City of Mendota
Heights is requiring Developer to dedicate storm water drainage areas and holding
ponds to exclusively serve Developer's project. The City and Developer shall enter
into a drainage, utility, and storm water holding pond easement prior to issuance of a
certificate of occupancy for the Development in a form agreed upon by City and
Developer. The easement shall be recorded against the Development.
G. The Developer shall be responsible for securing all necessary approvals, PUDs,
CUPs and permits from all appropriate federal, state, regional and local jurisdictions
prior to the commencement of site grading or construction. The Developer shall
secure appropriate permissions from MnDOT, for any work to be completed with
the Interstate 494 right-of-way, and Xcel Energy, for any work to be completed
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within their easement.
H. Drainage and utility easements. Where other easements do not exist, the final plat
shall include 10-foot drainage and utility easements along all lot lines abutting right-
of-way and 5 feet for all lot lines abutting private property as required by Resolution
2014-14 adopted by the City attached as Exhibit D and Title 11-3-4(A) of the City
Code.
I. Tree Protection and Clearing. Prior to the clearing operation being initiated all
clearing limits and trees to be protected as determined by Developer shall be clearly
marked. Tree protection fencing shall be installed and maintained until after grading
is complete.
J. Site Improvements. The Developer shall complete all site improvements referenced
in the Plans to include, but not limited to, grading, utility installation, storm sewer
and treatment installation, landscaping, curb and gutter, and full pavement. If not
completed, the City may complete site improvements and invoice the Developer for
all work and cost in excess of deposited escrow amount described in Section 2.
K. Warranty of Title. By its execution hereof Developer hereby warrants and
represents that it has the exclusive and marketable fee title to the subject property.
Developer further warrants and represents that there are no liens or encumbrances
against the title, and that it is fully authorized to execute this agreement as the fee
owner of the subject lands.
L. Fire Hydrants. All fire hydrants throughout the development shall incorporate an
AFC- Waterous Storz Nozzle. The hydrant pumper nozzle shall be of one-piece
design, compatible with a five inch Storz hose coupling. The nozzle shall be an
integral part of the fire hydrants and must be furnished by the manufacturer or
authorized distributor designated by the manufacturer. Storz adapters will not be
accepted.
M. Utility Locations in City Right of Way. In order to maintain compliance with
regulations promulgated from the Minnesota Office of Pipeline Safety the
Developer, its contractors, subcontractors, and agents shall comply with the
following requirements:
1. All right-of-way work, as identified in the Plans, shall require a
minimum of 24-hour notice to the City prior to any work
performed in the right-of-way areas.
2. The layout of utilities, including depths, off-sets and materials
shall be documented during construction and confirmed with city
public works staff during the installation process.
3. The Developer must provide professional as-built drawings
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confirmed by field survey, showing all required information. In
addition engineering-grade GPS coordinates in the Dakota County
coordinate system shall be supplied by the Developer.
4. All installations will require pins be installed directly above all
utility lines where they cross lot lines.
5. The Developer shall hold harmless and indemnify the City of
Mendota Heights from any and all loss or damage resulting from
its failure to comply with these requirements including but not
limited to expenses the City incurs in correcting errors in
information provided by Developer its agents or contractors or
remediating problems resulting there from in the right of way.
6. Upon failure to provide full documentation as required, the City
shall notify the Developer who shall have 30 days to secure full
compliance. Failure to comply will result in the work being
assigned by the City to an outside professional for completion of
the necessary work. Any costs incurred in resolving these
requirements shall be assessed to the Development or offset from
security required under this agreement.
7. City staff shall document the time and materials required to
review, confirm and accept the installation documentation and
shall invoice Developer for the costs based on the actual work
involved or on a fee schedule adopted by the City Council.
N. Plans Regarding Parking, Landscaping, and Site Alterations on West Side of
Development. The Developer agrees to initially construct a grass berm and
additional landscaping located on the west side of the Development, as shown on
Sheet C1 of the Plans. If the Developer desires to remove the berm and landscaping
to construct a paved passenger car or trailer parking and storage area, as shown as
proof of parking on Sheet C2, and also shown on Sheets A1, L1 and other sheets of
the Plans, approval from the City and a new construction permit is required. If the
passenger car or trailer parking and storage area desired to be constructed in the
future is consistent with the above-referenced Sheets of the Plans, the construction
permit can be approved administratively by City staff.
2. DESCRIPTION OF DEVELOPER IMPROVEMENTS ESTIMATED COST:
As allowed by Title 12-1G-4(B) of the City Code of the City of Mendota Heights,
performance of construction elements required to comply with this chapter shall be given
in amounts determined to be sufficient to reasonably ensure compliance in the
construction of the following Developer Improvements:
A. Storm water storage pond and related storm water inflow and outflow utilities and
improvements: $42,000.00
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B. Grading related to all non-hard surface areas: $76,000.00
C. Erosion Control: $12,000.00
D. Utility Protection and Repair: $4,000.00
E. Street Protection and Repair: $4,000.00
F. Sanitary Sewer (connection point to public system): $11,000.00
G. Storm Sewer (connection point to public system): $53,000.00
H. Watermain (connection point to public system): $20,000.00
TOTAL ESTIMATED CONSTRUCTION COST
OF ABOVE DEVELOPER IMPROVEMENTS: $222,000.00
SECURITY REQUIREMENT (25%): $55,500.00
TOTAL DEVELOPER ESCROW: $55,500.00
Mendota Technology Center 4th Addition
3. CONSTRUCTION OF DEVELOPER IMPROVEMENTS.
Mendota Heights Technology Center 4th Addition
A. Construction. The construction, installation, materials and equipment shall be in
accordance with the plans and specifications approved by the City.
B. Inspection. All of the work shall be under and subject to the inspection and approval
of the City and, where appropriate, any other governmental agency having
jurisdiction.
C. Easements. The Developers shall dedicate to the City, upon approval of the final
plat, at no cost to the City, all permanent or temporary easements necessary for the
construction of Developer Improvements by the City, if any. All such easements
required by the City shall be in writing, and in recordable form, containing such
terms and conditions as the City shall determine. If within the platted area, all such
easements shall be dedicated to the City and specifically described within the Plat.
As it affects all easements located outside the platted area, the same shall be
dedicated by separate easement conveyed to the City of Mendota Heights with the
execution of the Development Agreement.
D. Faithful Performance of Construction Contracts and Security. The Developer will
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fully and faithfully comply with all terms and conditions of any and all contracts
entered into by the Developer for the installation and construction of all Developer
Improvements. Concurrently with the execution of this Agreement, for the purpose
of guaranteeing the performance by Developer of the construction of the Developer
Improvements in a timely and proper manner, Developer or its general contractor
shall furnish the City with security (“Security”) in the form of one the following as
determined by Developer: (i) a Performance Bond to the City of Mendota Heights
in a form to be approved by the City Attorney; or (ii) a letter of credit in a form
reasonably agreed upon by the parties, from a bank acceptable to the City; or (iii) a
cash escrow. The amount of the Security shall be 25% of the total estimated
construction cost of the Developer Improvements as calculated as the security
requirement in Section 2. The Security shall be subject to the approval of the City.
The City may draw down the Security for any violation of the terms of this
Agreement upon written notice and 30 day opportunity to cure provided to
Developer, and notice as required under the letter of credit. If the required
Developer Improvements are not completed at least thirty (30) days prior to the
expiration of the Security, the City may also draw it down. If the Security is drawn
down, the draw shall be used to cure the default. Additionally, Developer
guarantees and agrees that, should the City of Mendota Heights need to apply a
claim on said Security, that Developer shall pay all attorney's fees and administrative
expenses associated with said action.
E. Security Terms. The Security provided by the Developer or its general contractor's
shall be issued for a period of time not less than one (1) year in duration and may be
reduced as follows. With City administrative approval, the Security may be reduced
from time to time as Developer Improvements are completed and financial
obligations are paid, but in no case shall the security be reduced to a point less than
10% of the original estimated construction costs of the Development Improvements
until (1) all Developer Improvements have been completed, (2) iron monuments for
lot corners have been installed, (3) all financial obligations to the City satisfied, (4)
the required “as-built” drawings have been received by the City, and (5) a warranty
security is provided as set forth in Section 3(F). Any reduction in the Security may
be made by City staff in accordance with the following procedure. Developer
shall provide written notice to the City requesting a reduction in the Security. The
Developer notice shall include evidence of completion and payment of the
Developer Improvements for which a reduction is requested, together with the
cost of the completed Developer Improvements. The City shall inspect the
improvements and evidence provided by the Developer and shall approve or deny
any requested reduction in the Security with specific reasons for denial within 60
days.
F. Warranty. Developer and hereby guarantees the workmanship and materials for a
period of one year following the City's final written administrative acceptance of the
Developer Improvements; provided that the City shall inspect and administratively
accept or reject the Developer Improvements in writing with 30 days after notice of
completion from the Developer. Prior to release of the final 10% of the Security for
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the construction of the Developer Improvements in Section 3(D), Developer shall
provide Security in the amount of 10% of the original estimated construction costs
of the Development Improvements during the warranty period to cover the cost of
any warranty work.
G. Binding Effect. The terms and provisions hereof shall be binding upon and inure to
the benefit of the heirs, representatives, successors and assigns of the parties hereto
and shall be binding upon all future owners of all or any part of the Development
and shall be deemed covenants running with the land. References herein to
Developer, if there be more than one, shall mean each and all of them. The
Agreement, at the option of the City, shall be placed on record so as to give notice
hereof to subsequent purchasers and encumbrances of all or any part of the
Development and all recording fees, if any, shall be paid by the Developer.
4. GENERAL REQUIREMENTS
Mendota Heights Technology Center 4th Addition
A. Final Plat Approval. The City has given final approval to the plat of the
Development (Mendota Technology Center 4th Addition) upon execution and
delivery of this Agreement, and of all required documents and security, subject to
compliance with the Ordinances of the City and terms and provisions hereof, permits
may be issued by the City.
B. Incorporation of Reference. All plans, special provisions, proposals, specifications
and contracts for the improvements furnished and let pursuant to this Agreement
shall be and hereby are made a part of this Agreement by reference as fully as if set
out herein in full. Specifically the following Planning Reports and Engineering files
and final documentation approved by the City Planner and the City Engineer are
specifically incorporated by reference herein and included herein as if originally
made part of this agreement.
1. Staff report dated February 25, 2014, including all attachments as
part of the Planning Commission and City Council packets (see
Exhibit C).
2. Resolution 2014-14, as approved by the City Council on March 4,
2014 (see Exhibit D).
3. Final plans submitted as part of the building permit application,
which Plans are set forth in Exhibit B. As part of the building permit
application, the City shall promptly review plans prepared by the
Developer and shall use good faith efforts to review the plans and
approve or disapprove within 21 days. The City’s approval of the
plans shall not be unreasonably withheld and the Developer will
promptly reply to requests for additional information or clarification
on items requested by the City in order to ensure an efficient review
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process. The plans for the Developer Improvements shall be
consistent with standard City practices. If the plans vary from the
written terms of this Agreement, the written terms of the plans
approved by the City shall control.
C. C.U.P. Permit. The Developer shall file the Conditional Use Permit of record in the
office of the County Recorder. Providing that the Developer is not in default under
the terms of the Development Agreement, the City shall provide appropriate releases
to the financial aspects of same and documentation to individual buyers of lots.
D. Administrative and Miscellaneous Expenses. As to any and all administrative, legal
or engineering costs which the Developer is expected to pay to the City of Mendota
Heights, which costs may be offset against the Security which the Developer has
filed and provided to the City of Mendota Heights, provided that the Developer shall
be given the 30 day opportunity to pay and to review and comment on such costs
prior to any offset against the Security for the payment of same. Should the
Developer dispute the reasonableness of any of the City's charges, Developer shall
have the right to submit any such dispute to arbitration at Developer's sole and
exclusive expense. If Developer submits a dispute to arbitration, no disputed
amounts shall be offset against the Security. Arbitration shall be conducted by the
American Arbitration Association and shall be initiated and paid for by Developer.
E. Zoning. The proposed development is zoned I-Industrial. All future use and
development shall comply with the applicable provisions of the relevant zoning
ordinance of the City of Mendota Heights relating thereto.
F. Park Dedication. In lieu of land dedication, Developer shall upon execution of this
Developer's Agreement, pay a park dedication fee. The cash park dedication fee for
this development is in the amount of $26,800.
G. Landscaping. A final landscaping plan has been developed and submitted to the
City Planner by Developer as part of the Plans. In addition the following
modifications to the landscape plan shall be implemented subject to final
modifications by the City Planner:
1. The Developer is required to amend the landscape plan, submitted as
part of the application package considered by the Planning
Commission and City Council, to provide additional evergreen
plantings or mixture of tall evergreen shrubs to be added between the
Black Hills Spruce to fill potential gaps along the western property
boundary of the site to provide additional screening of the loading
docks and potential truck parking.
2. As allowed by Title 12-1D-13-2(D)(4) of the City Code of the City
of Mendota Heights, Security shall be provided by the Developer in
an amount equal $109,800, which amount is at least one and one half
(1½) times the value of such screening, landscaping, or other
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improvements. The Security shall be conditioned upon
reimbursement of all expenses incurred by the City for engineering,
legal or other fees in connection with making or completing such
improvements. The Security shall be provided prior to the issuance
of any building permit and shall be valid for a period of time equal to
one full growing season after the date of installation of the
landscaping. The City may accept a letter of credit, cash escrow or
equivalent as Security in an amount and under such conditions as the
City may determine to be appropriate. Upon expiration of the time
period, inspections will be conducted by City staff to verify
satisfactory completion of all conditions. After satisfactory
inspection, the Security shall be returned. If the requirements are not
satisfied, the City may use the Security to satisfy the requirements.
The City may also use the Security for maintenance of erosion
control or to satisfy any other requirements of this Agreement or the
City Code.
3. The owner, tenant and their respective agents shall be jointly and
severally responsible for the maintenance of all landscaping in a
condition presenting a healthy, neat and orderly appearance and free
from refuse and debris. Plants and ground cover which are shown on
the approved landscape plan and which have died within one (1) year
after completion and acceptance by the City shall be replaced as soon
as seasonal or weather conditions allow.
4. The owner and/or Developer agree that the relationship of the
neighboring property owners and its tenants may vary in the future.
In the event that the use or occupancy of a future tenant requires
further landscaping, the owner and/or Developer agree to revisit the
landscaping plan with input from the City and agree to modify the
plan to accommodate additional plantings as buffers in ways to
reduce noise, protect sensitive environments, or screen unwanted
views.
H. Trash Receptacles. Two trash receptacle areas have been designated on the site plan
for the entire building. All tenants of the building will be required to utilize these
trash receptacles or will be required to store trash internally.
I. Lighting. A photo-metric lighting plan shall be submitted by the Developer and
subject to review and specific approval of City Staff. [insert reference to specific
plan if completed and approved by City at time of execution of this Agreement]
J. Signage. A signage plan shall be submitted by the Developer and submitted and
subject to review and specific approval of City Staff. All proposed signage for the
development shall conform to the signage plan before any sign permits can be
issued.
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K. Rooftop Mechanical Units. The Developer shall provide additional information
regarding any potential visibility of rooftop mechanical units to ensure compliance
with the City Code requirements.
L. Parking Stall Dimensions. The City agrees to allow parking stalls in the east parking
lot to be reduced to eighteen (18) feet in length where the stall abuts a curb line in
order to facilitate a reduction in impervious surface and assist in stormwater runoff
drainage and treatment.
M. Noise and Limited Operation Hours. The Developer agrees to work with the City
and surrounding private property owners to address noise issues as a result of future
tenants that may have a negative impact on surrounding private property owners.
This may include, but is not limited to, considering additional landscaping, fencing,
or other screening measures. Developer agrees to limit the operation of the following
activities during the hours from 11:00 P.M. to 5:00 A.M.:
1. Deliveries, including loading and unloading.
2. Truck idling or movements.
In addition, the Developer shall designate an appropriate person(s) as the contact for
any noise issues related to tenant activity from surrounding property owners. The
Developer is responsible for notifying the City and surrounding property owners of
any changes to the contact information.
N. Indemnification. To the fullest extent permitted by law, the Developers shall
indemnify and hold harmless the City of Mendota Heights, its agents and
employees from and against any and all claims, damages, losses or expenses,
including but not limited to attorney's fees, arising out of the issuance of this
Developer's Agreement by the City of Mendota Heights and/or arising out of the
performance or non-performance of its obligations hereunder by Developer.
O. Certificate of Occupancy. After the Developer has completed the construction of the
Developer Improvements and other work required of it under this Agreement, the
City shall issue a certificate of occupancy with 21 days after written request from the
Developer or other lot owner within the Development, unless denied as set forth
below. The certificate of occupancy shall be in recordable form and may be
recorded against the Development. Upon issuance of a certificate of occupancy,
the Developer, its successors and assigns, and all future owners of the property
shall be released from all obligations to construct the Developer Improvements
under this Agreement, except that any warranty and maintenance obligations
remaining thereafter shall continue to remain. If the City shall refuse or deny to
provide a certificate of occupancy in accordance with the provisions of this
Section, the City shall provide the requesting party with a written statement
indicating in detail in what respects the construction of the Developer
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Improvements are not completed, or any other failure or default under this
Agreement, and what measures or acts will be necessary, in the opinion of the
City, in order to obtain a certificate of occupancy. The written refusal or denial of
the issuance of a certificate of occupancy shall be provided by the City within the
same 21- day period during which a certificate of occupancy would be issued.
P. Transfer of Property. In the event that the Developer sells the Development to an
independent third party, then, within 15 days after request by Developer, the City
shall acknowledge and certify certain facts in connection with this Agreement and
the status of construction of the Developer Improvements. The City shall provide
this certification to Developer and any potential buyer of the Development. The
certification shall reference the following: (i) that the Developer and buyer may
rely on the representations and agreements made by the City in the certification;
(ii) the status of the completion of the Developer Improvements; (iii) the amount
of any Security remaining and that any remaining amounts will be returned to
Developer and not the buyer; (iv) that the Developer and not the buyer remain
responsible for obligations under this Agreement, and that buyer and any
subsequent owners of the Development are hereby released from all obligations
under this Agreement; (v) whether or not there exists any defaults, events of
default, or conditions which with the passage of time or giving of notice would
constitute a default under this Agreement; and (vi) if applicable, that this
Agreement is completed and hereby terminated and of no further force and effect.
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Page 13
Exhibit A to Developer’s Agreement
Legal Description of Development
Lot 1, Block 1, Mendota Technology Center 4th Addition.
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Page 14
Exhibit B to Developer’s Agreement
Plans
The following plans have been approved by the Mendota Heights City Council and have been
submitted for building permit and approval:
1. The following civil plans, prepared by BKBM, for the project described as Mendota
Heights Business Park – Mendota Heights, MN, project no. 14197.00, dated 4/25/14 for
building permit:
Sheet Number Title
C1 GRADING, DRAINAGE AND EROSION CONTROL PLAN
C2 UTILITY PLAN
C3 GEOMETRIC AND PAVING PLAN
C4 CIVIL DETAILS
C5 CIVIL DETAILS
C6 STORM WATER POLLUTION PREVENTION PLAN
2. The site plan (sheet number A1) prepared by Lampert Architects for the project described
as Mendota Heights Business Park – Mendota Heights, MN, project no. 131211-1, last
revised 4/16/14.
3. The landscape plan (sheet number L1) for the project described as Mendota Heights
Business Park – Mendota Heights, MN, project no. 131211-1, last revised 4/16/14.
page 55
2014 BKBM Professional Engineers, Inc.
All rights reserved.
This document is an instrument of service and is the
property of BKBM Professional Engineers, Inc. and
may not be used or copied without prior written
consent.
C
page 56
2014 BKBM Professional Engineers, Inc.
All rights reserved.
This document is an instrument of service and is the
property of BKBM Professional Engineers, Inc. and
may not be used or copied without prior written
consent.
C
page 57
2014 BKBM Professional Engineers, Inc.
All rights reserved.
This document is an instrument of service and is the
property of BKBM Professional Engineers, Inc. and
may not be used or copied without prior written
consent.
C
page 58
2014 BKBM Professional Engineers, Inc.
All rights reserved.
This document is an instrument of service and is the
property of BKBM Professional Engineers, Inc. and
may not be used or copied without prior written
consent.
C
page 59
2014 BKBM Professional Engineers, Inc.
All rights reserved.
This document is an instrument of service and is the
property of BKBM Professional Engineers, Inc. and
may not be used or copied without prior written
consent.
C
page 60
1
2
3
4
5
3
3
1
1
DA 1 TIME OF
CONCENTRATION
(Tc)=10.5 MIN
DA 4 TIME OF
CONCENTRATION
(Tc)=6.4 MIN
1
1
1
1
2
2
2
2
DA 1 TIME OF
CONCENTRATION
(Tc)=10.0 MIN
DA 2 TIME OF
CONCENTRATION
(Tc)=9.8 MIN
2014 BKBM Professional Engineers, Inc.
All rights reserved.
This document is an instrument of service and is the
property of BKBM Professional Engineers, Inc. and
may not be used or copied without prior written
consent.
C
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Page 15
Exhibit C to Developer’s Agreement
Staff report dated February 25, 2014
page 62
Item No. 2014-06
MEMORANDUM
Date: February 25, 2014
To: Mendota Heights Planning Commission
From: Tina Goodroad, AICP, Consulting Planner
RE: Planning Case 2014-06: United Properties
1. Preliminary and Final Plat approval of Mendota Technology Center 4th
Addition
2. Conditional Use Permit Request to Amend a Planned Unit Development
Action
Deadline: April 12, 2014
BACKGROUND
United Properties (“applicant/developer”) has submitted an application for a preliminary and
final plat to be known as Mendota Technology Center 4th Addition, which will combine two lots,
from two separate subdivisions, into one lot. The applicant is also requesting approval for a
Conditional Use Permit (CUP) to amend a Planned Unit Development (PUD) from the original
development plan for the construction of a 96,984 square foot office/warehouse building. The
applicant has developed the majority of the land within the Mendota Heights Business Park over
the past 30 years and this is one of the few remaining sites the final vacant parcel to be
developed. The site is located on 8.3 acres located north of Interstate 494, and south of
Northland Drive and east of Pilot Knob Road.
The property is zoned I-Industrial and Guided Industrial on the Future Land Use Plan. The
proposed office/warehouse is a permitted use in the Industrial zoning district and consistent with
the Comprehensive Plan.
HISTORY
The original PUD in was approved in 1997 with several minor amendments approved since for
architectural and design changes to buildings approved within this PUD. The original approval
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Reference: 2014-06
included Outlot A, Mendota Technology Center as part of the original plat. Therefore, any
development of Outlot A shall be by a CUP to amend the PUD.
Zoning Ordinance Article K-Planned Unit Development, 12-1K-6(G) states that
amendments are required for “all other changes in use, or rearrangements of lots, blocks
and building tracts, any changes in the provision of common open spaces, and all other
changes in the approved final plan must be made by the council under the procedures
authorized by this chapter for the approval of a conditional use permit. No amendments
may be required by the council because of changes in conditions that have occurred since
the final plan was approved or by changes in the development policy of the community.”
Preliminary and Final Plat
The subject property consists of one lot and an Outlot in two separate plats. The proposed
preliminary and final plat will combine these parcels and create Lot 1, Block 1, Mendota
Technology Center 4th Addition. The proposed plat meets the minimum lot size requirements of
the Industrial District of one (1) acre. The proposed lot totals 8.31 acres.
When the original PUD was approved in 1997 it included a plat for Lots 1-5 and Outlot A,
Mendota Technology Center. At that time park dedication was fees were determined for each of
the Lots and Outlot A. At the time of approval the City’s Park Dedication Contribution Formula
required that ten (10) percent of market value contribution be made in the case of industrial
plats. A park dedication fee of $26,800 was determined for Outlot A to be paid when it develops.
According to City records there is no record of any payment for Outlot A, therefore the park
dedication fee of $26,800 will be required with the approval of and before release of the Final
Plat.
ANALYSIS
The CUP to amend the original development plan of the PUD will be reviewed under the
I-Industrial Requirements and related performance standards outlined below:
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Mendota Heights Planning Commission
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Reference: 2014-06
Development Chart
Lot Area: 8.3 Acres
Building Area Proposed: 96,984 square feet
Building Coverage Proposed: 26.8 %
Maximum Coverage allowed: 50%
Floor Area Ratio Proposed: 0.2
Floor Area Ratio allowed: 0.5
Green Area proposed: 30.6%
Green Area required: 25%
Parking Lot Green Area Proposed: 5.3%
Parking Lot Green Area Required: 5%
Parking Requirements:
Office Use: 29,095 SF at one space per 200 SF requires: 145 spaces
Warehouse Use: 67,889 SF at one per 2000 SF requires: 34 spaces
Total Parking Required: 179 spaces
Total Parking Provided: 186 spaces
Total Proof of Parking: 53 spaces
Total Ultimate Provided: 237 spaces
The proposed building will be situated in the center of the lot with the east elevation serving as
the main entry. The site will have two driveways into the site from Northland Drive. The easterly
driveway will serve employees and customers accessing the main building entry while the
westerly driveway will serve the trailer parking and dock access.
Based on the positioning of the building on the lot all minimum setbacks are being met.
Parking and Loading
The proposed parking is largely accommodated on the east side of the site nearest the main
entry. Additional proof of parking is shown along the west property line where the applicant is
indicating storage of up to 25 trailers. The applicant is constructing this facility on a speculative
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Reference: 2014-06
basis therefore not all final tenants are known. The applicant is proposing the trailer storage area
within the proof of parking area based on possible need of a future tenant(s). All proposed
parking areas are located on the interior side of the site, not facing a public street. The parking lot
and loading areas will be completely hard surfaced with bituminous pavement.
The proposed building includes 18 loading docks along the west elevations plus storage/parking
of 25 trailers. The westerly drive will accommodate access for the loading docks with enough
maneuverability provided to access with docks.
Title 12-1D-16 requires parking spaces to be nine feet (9’) wide and twenty feet (20’) in length
with access drives of twenty four (24’) feet. The parking stalls and access drives for the eastern
building entrances meet the Code requirements. As part of the proposed PUD Amendment, Staff
is recommending allowing for the curbed parking stalls in this area to be revised to eighteen (18’)
feet in length in order to facilitate a reduction in impervious surface and assist with storm water
runoff drainage and treatment. A similar standard applies to retail sales and service complexes in
the I-Industrial District, as in Title 12-1G-2.
Xcel Energy owns and operates a twenty-six inch (26”) gas pipeline in an easement adjacent to
I-494 within the southern portion of the property. Xcel Energy has reviewed the proposed plans
and the request for an encroachment into the gas pipeline easement for a parking lot and has
provided approval with six (6) conditions. The letter has been attached and a condition has been
added referencing the encroachment approval conditions by Xcel Energy.
Landscaping and Screening
The applicant has provided a complete landscaping plan. Article D, General Zoning Provisions,
12-1D-13-2 includes additional requirements for all B and I districts. Within this section is item D,
Landscaping Requirements. The following are the basic requirements and how the proposed
landscape plan compares:
• The site plan exceeds the 25% area landscaping requirement by providing a total of
30.6%.
• The site plan exceeds the 5% area landscaping within the parking area by providing a total
of 5.3%
• The proposed plantings meet the minimum size at installation requirements.
• An underground sprinkler system (with moisture sensors) will be installed for building
foundation plantings and all sod areas as required by item “h” of this article.
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Reference: 2014-06
Landscaping Plan Overview
The applicant is proposing a nice variety of evergreen, over-story and ornamental trees around
the site perimeters (north, west and east sides). The entry off of Northland Drive will include a
storm water pond with new trees planted at the southwest corner and south edge of the pond. A
mix of existing trees and new Black Hills Spruce will line the entire westerly property line where
the proposed trailer storage will be located and loading docks are facing.
Item E of this section requires that “External loading and service areas must be completely
screened from the ground level view from contiguous properties and adjacent streets, except at
access point. This screening shall be provided through fences, walls, berms or landscaping
materials with a minimum of ninety (90) percent opacity during all seasons.”
Efforts appear to be made to preserve as many trees as possible along the westerly property line
while adding twenty (20) Black Hill Spruce. These trees will be raised (five feet) above the
adjacent parking lot. While these trees cannot fully screen the height of a trailer, the mixture of
existing and new trees should be effective in screening headlights on to the neighboring property
(existing hotel and parking lot). However, the proposed line of trees will likely not fully screen the
view of the loading docks from view of the west property as required by ordinance. Staff has
concerns whether tree preservation will be fully effective thereby leaving some gaps if the trees
do not thrive after construction. Staff recommends additional evergreen plantings or mixture of
tall evergreen shrubs to be added between the Black Hill Spruce to fill in potential gaps.
The easterly property line will include a wider variety of trees with some preservation of existing
trees. The parking lot will include Imperial Honeylocust within the islands. The building perimeter
on the east and south elevations will be landscaped with sod; with the east elevation including
trees and shrubs. The presence of landscaping at a building edge can really improve an elevation
design and soften the appearance of a building.
Staff is supportive of the proposed landscaping plan with some additional planting on the
western property line.
Site Lighting
Article I, Performance standards 12-1I-15 includes standards for lighting with the following
minimum requirement:
Lights for illuminating parking areas, loading areas or yards for safety and security
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Mendota Heights Planning Commission
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Reference: 2014-06
purposes shall create a reading of no more than 0.2 foot-candle at the shared property
line with a commercial or industrial use or public right of way, and shall create a reading
of zero foot-candles at the shared property line with residentially zoned property. (Ord.
429, 8-3-2010)
The proposed landscaping plan includes some potential locations for parking lot and site lighting.
The plan also indicates that a final lighting plan will be submitted for review and approval
separately. A condition has been added that a full lighting plan be submitted and approved based
on ordinance requirements. In addition, a landscaping performance bond will be collected for
landscaping. This bond will help staff work with the applicant to ensure trees intended to be
preserved actually thrive after construction and that full growth of proposed evergreens meet
the intent of the ordinance for screening.
Building Materials and Architecture
Building design and materials is governed by Article D, General Zoning Provisions, 12-1D-13-3,
Additional Requirements for all B and I Districts- item C. This section requires that:
1. Exterior Surfaces, Including Roofs: Buildings shall be finished on all sides with permanent
finished materials of a quality consistent with the standards set in the district in which it is
located. Exterior wall surfaces shall be any one or more of the following:
a. Face brick or natural stone.
(1) Professionally designed precast concrete units, if the surfaces have been integrally treated
with an applied decorative material or texture, or
(2) Decorative block, if incorporated in a building design which is compatible with other
development throughout the district.
b. Factory fabricated and finished metal framed modular panel construction, if the panel
materials are any of those listed in subsection C1a of this section, glass, prefinished metal
(other than unpainted galvanized iron) or plastic used in accordance with the building code
requirements.
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Reference: 2014-06
c. No building exterior shall be constructed of sheet aluminum, asbestos, iron, steel, or
corrugated aluminum, unless specifically approved by city council.
The applicant provided building elevations for all four elevations plus a colored plan for the east
elevation. The major materials consist of painted precast concrete panels in two colors. The
building corners and entries include a combination of glass, rock face block, brick and prefinished
metal. The east elevation includes windows at the lower portion of the building while the north
and south elevations include windows at the top third of the elevations. Each elevation also
includes three accent bands that wrap around all four elevations. This accenting and windows
work well to break up the large façade. The north and south elevations, visible from roadways
will feature the precast, corner treatments, windows and accent banding.
The proposed building materials meet the minimum ordinance requirements. Staff is supportive
of the proposed building design.
Item 6 of this section requires that “all trash and trash handling equipment be stored within the
principal structure or within the attached structure accessible from within the principal structure.”
On the west elevation two trash enclosures are connected to the wall and enclosed with a gate.
Item 7 of this section requires that “whenever possible, rooftop mechanical units shall be of low
profile variety. All ground level and rooftop mechanical utilities, other than low profile rooftop
units, shall be completely screened with one or more of the materials used in the construction of
the principal structure. Where practicable, rooftop screening shall be accomplished through the
use of parapet walls.” It is difficult to verify from the elevations plans if rooftop units will be
visible. A condition will be added that information be provided to the Planner to verify that this
requirement is satisfied prior to the issuance of a building permit.
Signage
Article D, General Zoning Provisions, 12-1D- 15 pertains to signage. Item I, 4 of this section
requires a “Comprehensive Sign Plan: A comprehensive sign plan shall be provided for industrial
developments. Such plan, which shall include the location, size, height, lighting and orientation of
all signs shall be submitted to the planning commission for preliminary plan approval regulations.
Provided such a comprehensive plan is presented, exceptions to the sign performance standards
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Reference: 2014-06
of this chapter may be permitted if sign areas and densities for the plan as a whole are in
conformity with the intent of this chapter and if such exception results in an improved relationship
between the various parts of the plan.”
The applicant is proposing a monument sign to be located at the east drive entrance ten (10)
from the property line (meets minimum setback). The proposed monument sign is ten (10) feet in
height and eight (8) feet in width for a total of eighty (80) square feet. The proposed monument
sign will be constructed of brick and rock face block to match the building. Five (5) potential
signage locations are indicated. Additional tenant signs are proposed on the east, north and
south elevations. A final signage package will be required to be reviewed approved prior to the
issuance of a sign permit.
Recommendation
Staff recommends that Planning Commission recommend to the City Council approval of the
application for a Preliminary and Final Plat and a Conditional Use Permit to amend a PUD with the
following conditions:
1. The landscaping plan shall be revised to provide additional plantings to meet the ninety
(90) percent opacity along the west property line and a performance bond collected as
allowed for by the City Code
2. A final lighting plan shall be submitted and approved prior to installation.
3. The applicant shall provide additional information regarding any potential visibility of
rooftop mechanical units to ensure compliance with the ordinance.
4. Final sign package shall be submitted for review and issuance of a sign permit.
5. Park dedication fee of $26,800 is collected prior to issuance of a building permit.
6. The applicant shall comply with the conditions provided by Xcel Energy in the
encroachment approval letter dated January 31, 2014.
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Reference: 2014-06
7. The applicant will ensure all necessary easements are identified and agreed to, to include
drainage and utility easements over storm water treatment ponds and utility easements
as required by the utility companies, prior to approval and recording of the final plat.
8. A 2-foot reduction in the codified depth dimension of parking stalls is allowed for stalls
that abut 90-degrees to a curb in order to facilitate a reduction in impervious surface and
assist with storm water runoff drainage and treatment.
9. A Development Agreement is signed between United Properties and the City of Mendota
Heights.
REQUESTED ACTION
Following the public hearing and discussion, the Planning Commission may consider the following
actions:
1. Recommend approval of the Conditional Use Permit for a Planned Unit Development
Amendment, based on the findings of fact, with conditions.
OR
2. Table the request, pending additional information from staff or others.
MATERIALS INCLUDED FOR REVIEW
The following exhibits are attached for your review:
1. Findings of Fact
2. Location Map
3. Planning Application with supporting materials
4. Letter from Xcel Energy
page 71
FINDINGS OF FACT FOR APPROVAL
Conditional Use Permit to Amend a Planned Unit Development
United Properties – Mendota Technology Center 4th Addition
1. A Planned Unit Development (PUD) was originally approved in 1997 for the
development of the Mendota Heights Business Park.
2. The plat of Outlot A and proposed construction of an office/warehouse building nearly
completes development within Mendota Heights Business Park.
3. The proposed building meets the lot area, setback, and green area requirements of the
I-Industrial Zoning District.
4. The proposed reduction in parking stall length for a portion of the site is consistent with
other uses in the Business Park and will allow for a reduction in impervious surface and
assist with storm water runoff drainage and treatment.
5. The proposed landscaping plan meets the overall intent of the ordinance with additional
screening.
6. The building elevations provide for a high quality addition to the business park and are
compatible with surrounding properties.
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Page 16
Exhibit D to Development Agreement
City Resolution 2014-14
page 73
page 74
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MEETING DATE: August 16, 2016 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Parks Buildings Roof Replacement
COMMENT:
Introduction
The City Council is asked award a contract for providing new shingles for eleven park structures.
Background
At its July 19th meeting, the City Council considered whether to accept a single quote to replace
the roofing on eleven of the City’s park shelters with cedar shingles, or instead to get information
for a potentially less costly asphalt roofing material. The directive was to get alternatives for
asphalt singles, and to compare different grades.
Discussion
Quotes were received from three different companies. Those companies were asked to give
comparison quotes on different quality shingles. Sela Roofing and Remodeling, Inc had the
lowest price for both the base level, and an upgraded option. The quoted prices are:
• Timberline HD double laminated $20,610
• Woodland triple laminated $28,810
The quoted price includes removing the old cedar shakes; installing code required underlayment
materials; removing and replacing roof vents; installing new shingles; and reinstalling lightning
rods.
The Timberline shingle has a ten year 100% warranty, with a 15 year pro-rated warranty, to
provide for total coverage of up to 25 years. The Woodland shingle option has the same 100%
coverage period, but extends the prorated life up to a total of 50 years.
If approved, Sela would be able to start working in 3 to 4 weeks. The work will take 1 to 2
weeks to complete.
Budget Impact
$60,000 is budgeted in the Special Park Funds CIP to cover the cost of replacing the roofs. The
quote received for the cedar shingles was $49,400. By going with the asphalt shingles option,
there would be a savings vs the cedar, and it is likely that the asphalt shingles will do a better job
of protecting the shelters from the weather.
page 76
Recommendation:
Staff recommends awarding a contract to Sela, to use the upgraded Woodland shingle. We feel
the difference in warranty and appearance merits the extra cost.
Action Required
If the Council concurs, it should, by motion, award a contract for re-roofing eleven park shelter
buildings to Sela Roofing and Remodeling, Inc., opting for the upgraded shingle alternative, at a
cost of $28,810.
cc: Terry Blum, Public Works Superintendent
John Mazzitello, Public Works Director
page 77
MEETING DATE: August 16, 2016 TO: Mayor and City Council, City Administrator FROM: Ryan Ruzek, PE, Assistant City Engineer SUBJECT: Enter into Grant Agreement with Metropolitan Council for 2014-2015 I&I
Improvements
COMMENT:
Introduction
The Council is asked to approve an agreement with the Metropolitan Council for a grant to
partially reimburse expenditures for the separation of inflow and infiltration (I&I) in the City’s
sanitary sewer system.
Background
Mendota Heights has been identified by the Metropolitan Council as a contributor of excessive
inflow and infiltration into the publicly owned municipal wastewater collection system.
Minnesota Legislature approved a state bonding bill to help municipalities reduce inflow and
infiltration. Currently the Metropolitan Council estimates having $4.15 million available, which
contains the current bonding, as well as residual funds from the 2012 I&I program. Each
participating city is eligible to receive $25,000 and an allocation proportional to eligible
expenses until all funds are allocated. 77 cities are eligible for this program.
Discussion
Mendota Heights installed a Cured-In Place Pipe (CIPP) liner in approximately 4000 feet of
sanitary sewer pipe costing the city $280,087.18. Of this total, $70,021.80 is eligible for
reimbursement. The deadline for submitting Grant materials is October 30, 2016 and the
Metropolitan Council will announce final reimbursement amounts on November 15, 2016.
Budget Impact
All invoices for this work have been paid from the Sanitary Utility Fund. Staff estimated a
reimbursement of $27,500 based on preliminary participation numbers from the Metropolitan
Council.
Recommendation
Staff recommends that Council approve the attached resolution authorizing the City to enter into
the Grant agreement with the Metropolitan Council for I&I work completed in 2014-2015.
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Action Required
If city council wishes to implement the staff recommendations, pass a motion adopting:
RESOLUTION 2016-64 EXECUTE AND ENTER INTO A GRANT AGREEMENT
WITH THE METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES (MCES)
FOR CONSTRUCTION OF THE 2014-2015 I&I IMPROVEMENTS,
This actions can be taken with a simple majority vote.
page 79
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2016-64
A RESOLUTION TO EXECUTE AND ENTER INTO A GRANT AGREEMENT WITH
THE METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES (MCES) FOR
CONSTRUCTION OF THE 2014-2015 I&I IMPROVEMENTS
WHEREAS, the City of Mendota Heights has been identified by the Metropolitan
Council as a contributor of excessive inflow and infiltration, and
WHEREAS, a Grant has been obtained from the Metropolitan Council for up to 50
percent of the cost to mitigate I & I in the publicly owned municipal wastewater collection
systems, and
WHEREAS, the allotted Grant amount will be limited to eligible I&I mitigation
improvements, including but not limited to chimney seals and Cure-In-Place Pipe (CIPP) lining,
and
WHEREAS, to receive the allotted Grant money, the City must complete the eligible
improvements and submit required verification forms to the Metropolitan Council by October
30, 2016.
NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council:
1. The Council authorizes and directs City staff to prepare and execute the Grant
agreement to recover up to 50 percent of eligible capital costs expended to reduce I&I
in the City that is contributing to the Metropolitan Council’s sanitary sewer system.
Adopted by the City Council of the City of Mendota Heights this sixteenth day of August, 2016.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
ATTEST Sandra Krebsbach, Mayor
___________________________
Lorri Smith, City Clerk
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1
DATE: August 16, 2016
TO: Mayor, Council, City Administrator and Chief of Police
FROM: Mike Aschenbrener, Chief of Police / Emergency Manager
SUBJECT: Corrected Memo / Personal Protective Equipment
COMMENT:
INTRODUCTION:
Authorize staff to sign purchase order for $9330.00 of personal protective equipment.
BACKGROUND:
During the 2016 budget cycle the purchase of a variety of personal protective equipment was
authorize from the Emergency Preparedness Budget.
City Purchasing Policy 1.7.10 requires expenditures over $5,000.00 to come before the City
Council and to have a minimum of two quotes. These items are not available through the State
of Minnesota Cooperative Purchasing program. Most are available through police supply
companies. Catalogue pricing and purchase order are attached.
Research has been done on the items needed. Many of the smaller items were purchased locally.
Bullet proof vests and carriers for placement in each squad will cost $3624.00. Ballistic helmets
are $247 dollars each for a total of $4940.00. There is not a charge to ship and items placed into
squad cars are exempt from taxes in Minnesota.
The changes are $144 dollars for POLICE on the front rear of each carrier and the
shipping/insurance of $350 dollars.
BUDGET IMPACT:
This is a budgeted item and the money is in place in the Emergency Preparedness budget.
RECOMMENDATION:
Staff recommends that the Mendota Heights City Council authorize the purchase of the personal
protective equipment.
PURCHASE ORDER
City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Phone: 651-452-1850
Fax: 651-452-8940
The following number must appear on all invoices, bills
of lading, and acknowledgments relating to this PO:
TO:
P.O. DATE
Purchase Order #:
QTY PART NUMBER DESCRIPTION UNIT PRICE AMOUNT
SUBTOTAL
Shipping
Sales Tax
Bill to:City of Mendota Heights Send Correspondence To: TOTAL
1101 Victoria Curve City of Mendota Heights
Mendota Heights, MN 55118 1101 Victoria Curve
Mendota Heights, MN 55118
(651) 452-1850
APPROVED BY DATE
DATE: August 16, 2016
TO: Mayor, Council and City Administrator
FROM: Mike Aschenbrener, Chief of Police
SUBJECT: Resolution 2016-59: Formally Acknowledging Receipt of Gifts to the City
and the 5K Run and the City Parks Celebration
COMMENT:
INTRODUCTION
Council is asked to formally adopt Council Resolution 2016-59 accepting the door prizes for the
Celebrate the Parks 5k and to accept a gift from Cub Scout Pack 233 to the city.
BACKGROUND
The city auditor has advised that Minnesota State Statute 465.03 “Gifts to municipalities” requires all
donations be acknowledged by resolution. This memo meets Minnesota State Statutory
requirements.
Neil Garlock coordinated the Celebrate the Parks 5k, Neil made this race a success and kept expenses
low so that the majority of the proceeds go to Special Olympics Minnesota. See the included spread
sheet of the race expenses. This year’s total donation to Special Olympics Minnesota will be
$10,154.38
This year businesses and residents donated items valued at $14,716.00 to the 5k race. See attached
lists of donations to the 5k. The Celebrate the Parks donations totaled $3,600.00. Donations and
prizes donated to the Parks Celebration and 5k totaled approximately $18,316. 00. A complete list of
donors and prizes is included in Council Resolution 2016-59.
I recommend the City Council pass the attached resolution accepting the gifts to the 5k Run/Walk
and authorize a check made out to Special Olympics Minnesota for $10,154.38.
In addition to the gift donations related to the parks celebration a Cub Scout Pack stopped with a
donation of popcorn for the city police, fire and administration who make our communities safe.
Thank you letters will be sent to the donors after the resolution has been passed.
BUDGET IMPACT
These donations help offset the costs of running the community celebrations.
RECOMMENDATION
If Council desires to implement the recommendation, pass a motion adopting Resolution 2016-59:
“FORMALLY ACKNOWLEDGING RECEIPT OF GIFTS TO THE CITY AND THE 5K
AND THE CITY PARKS CELEBRATION,” and authorize a check to Special Olympics
Minnesota for $10,154.38.
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City of Mendota Heights
Dakota County, Minnesota
RESOLUTION 2016-59
RESOLUTION FORMALLY ACKNOWLEDGING THE RECEIPT OF THE GIFTS
TO THE CITY AND THE 5K AND THE CITY PARKS CELEBRATION
WHEREAS, the City of Mendota Heights desires to follow Minnesota Statute 465.03
“Gifts to municipalities”; and
WHEREAS, the Minnesota State Statute requires a resolution to accept gifts to
municipalities; and
WHEREAS, the City has previously acknowledged gifts with a resolution; and
WHEREAS, the City Council of the City of Mendota Heights have duly considered this
matter and wish to acknowledge the civic mindedness of citizens and officially recognize their
donations.
NOW THEREFORE BE IT HEREBY RESOLVED that the City Council of the City
of Mendota Heights is accepting donations from the following people and organizations in
support of the City Mendota Heights and the Parks Celebration.
VENDOR PRIZE VALUE
2016 5K Door Prizes
5.8 Grill & Tap $20 Gift Certificate $20.00
Anytime Fitness 6 Months Membership & 3 Personal Training
Sessions
$650.00
Artititude $150 Gift Certificate $150.00
Axel's / Bonfire $50 Gift Card $50.00
B.C. Contracting Potted Tree $250.00
Beau $100 Cash $100.00
Best Western-Dakota Ridge 1 Night Stay $125.00
Billy's On Grand 2 - $25 Gift Cards & Gift Bag $100.00
Bob & Laurie Murphy iPad mini $300.00
Bob & Mary Franson 3 - $75 Mancini's Gift Cards $225.00
Bob Brackey 55 Inch Vizio TV $565.00
Boca Chica $30 Gift Card $30.00
Bogeys 3 - $50 Gift Certificates $150.00
BP-Mendota Heights 2-2 Oil Change Cards $120.00
Buffalo Wild Wings - Eagan Free Wing Party & Sauces $55.00
Building Block Computers $200 Cash $200.00
Buon Giorno Italia $25 Gift Card $25.00
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Page 2 of 4
Cherokee Tavern 2 - $20 Gift Cards $40.00
Chet's Liquors 4 Bottles Of Wine $55.00
Courtyard-Marriott-MH 10 Complimentary Night Stays $1,250.00
Dahlberg Services Inc $100 Cash $100.00
Deerwood Bank Igloo Cooler & Assorted Items $40.00
DeGidio's 3 - $50 Gift Cards $150.00
Dixie's $25 Gift Card $25.00
Downtowner/Burger Moe's 2 - $25 Gift Cards $50.00
Eagle Street Grille 4 - $25 Gift Cards $100.00
Ed $50 Cash $50.00
Ed Hayes 24 Pair Of Juzo Socks $240.00
Fairfield Inn - Mendota
Heights
2 Free Night Stays $250.00
Fireside $20 Gift Card $20.00
Gallagher's 3 - $25 Gift Certificates $75.00
Goodfellows Landscrapes 500 Mahalo Bags $550.00
Grand 7 4 St Paul Saints Tickets $100.00
Greg Boyle 55 Inch Vizio TV $565.00
Hampton Inn - Eagan 1 Night Stay $125.00
Hilltop Family Chiropratic 2 Gift Baskets $200.00
Holiday - Lilydale 2- $25 Gift Cards $50.00
Houlihan's - Eagan $25 Gift Card $25.00
Inver Grove Ford Oil Change $40.00
John Sweitzer 4 - $50 Gift Cards $200.00
Kaposia Tree Service $150 Gift Certificate $150.00
Klocke Autoworks $100 Cash $100.00
Kraus-Anderson 4 - MN Twins Tickets $200.00
LA Fitness 2 Week Membership $30.00
Landmark Jewelers 68" Strand Of Freshwater 10mm Pearls Multi-
Color
$300.00
Lilydale Barbers Men's Haircut $21.00
Lilydale Garden Center Gift Basket $85.00
Lost Spur 2 - 2-9 Holes with Cart $152.00
Lucky's - Mendota 12 - $25 Gift Cards $300.00
Mark & Tammy Schutta $50 Fresh & Natural Gift Card $50.00
Mauer Chev 2 - Oil Changes $80.00
Meisinger Construction $200 Cash $200.00
Mendakota Country Club Round Of Golf For 4 With 2 Carts & Lunch $600.00
Mendota Heights Par 3 12 Rounds Of Golf $156.00
Mike's Butcher Shop $20 Gift Card $20.00
Moose Country 4 - $25 Gift Cards $100.00
Neil Garlock 55 Inch Vizio TV $565.00
O'Gara's 4 - $25 Gift Cards $100.00
Pam's Hair Design 10 Tanning Sessions & Style Cut $81.00
Paradise Car Wash 2 - 5 Supreme Car Washes $165.00
Paradise Car Wash Complete World Detail $225.00
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Page 3 of 4
Perkins - Eagan $25 Gift Card $25.00
Pool & Yacht Club 2 - $100 Gift Cards $200.00
Romero Auto Repair Oil Change $40.00
Shepard Road Airport
Parking
1 Week Of Parking $90.00
Snap Fitness - WSP 12 Month Membership, Tshirt & Water Bottle $500.00
Soapy Joes Car Wash 12 Assorted Car Washes $140.00
Sonesta ES Suites 1 Night Stay $125.00
Southview Country Club Social Membership $250.00
St Paul Grill Dinner For Two ( up to $100.00) $100.00
St Paul Hotel 1 Deluxe Overnight Hotel Accommodations For
Two
$225.00
St Paul Saints 4 Reserve Outfield Tickets $56.00
Steve Morganson 55 Inch Vizio TV $565.00
Summit Brewing Company Gift Bag & 2 Cases Of Beer $75.00
Sunfish Cellars 2 - $25 Gift Cards & $50 Gift Card $100.00
Super America $100 Gift Card $100.00
Teresa's Mexican Restaurant 15 - $20 Gift Cards $300.00
The Pizza Shop 3 - $25 Gift Cards $150.00
The Wine Market $25 Gift Card $25.00
Twin City Beverage $50 Cash $50.00
Ultimate Events 2 MN Twins Tickets $180.00
Wendy Guzman $50 Cash $50.00
Wild Onion 4 - $25 Gift Cards $100.00
Zerorez $175 Gift Certificate $175.00
$14,716.00
2016 Parks Celebration Donations
Somerset Country Club $200
Granite Foundation $500
Valmont $500
Bituminous Roadways $500
Lexington Heights Apartments $500
LCS Companies $50
Hudson $100
Signart $50
STA $250
Southview $250
Moose Country $100
Mendakota Animal Hospital $600
Total $3,600.00
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Page 4 of 4
General donation of popcorn from Cub Scout Pack 233 to the city as a Cub Scout service project.
Adopted by the City Council of the City of Mendota Heights this 16th day of August, 2016.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
________________________________
Sandra Krebsbach, Mayor
ATTEST:
______________________________
Lorri Smith, City Clerk
page 88
DATE: August 16 2016
TO: Mayor, Council and City Administrator
FROM: Mike Aschenbrener, Chief of Police
SUBJECT: RESOLUTION 2016- 65, ACCEPTING A GIFT OF CARIBOU COFFEE
BACKGROUND
The City Auditor has advised that Minnesota State Statute 465.03 “Gifts to municipalities”
requires all donations be acknowledged by Resolution. This memo meets Minnesota State
Statutory requirements by having the City Council formally accept the gift and recognizing the
donor.
On Friday August 5, 2016 a Lilydale resident stopped with a “Thank You” card, $100 cash, a
letter to the officers and a book for the department. She would prefer her name be not made
public. I do know who she is and will send a thank you letter along with a copy of the signed
resolution accepting the donation.
Additionally the customers of the Mendota Heights Caribou make periodic donations of coffee to
the police department. The store does not track the names of the donors many times the bags
have hand written thank you notes. A thank you letter to the store and some sort of public thank
you will be arranged with them.
BUDGET IMPACT
The impact on the budget is positive as this a budgeted item.
RECOMMENDATION
If Council desires to implement the recommendation, a motion will need to be passed adopting
RESOLUTION 2016- 65, ACCEPTING A GIFT FROM A RESIDENT AND THE PATRONS
OF CARIBOU COFFEE MENDOTA HEIGHTS.”
page 89
City of Mendota Heights
Dakota County, Minnesota
RESOLUTION 2016- 65
FORMALLY ACCEPTING A GIFT FROM A RESIDENT AND THE PATRONS OF
CARIBOU COFFEE MENDOTA HEIGHTS
WHEREAS, the Minnesota State Statute 465.03 “Gifts to Municipalities” requires a resolution to
accept gifts to municipalities; and the City has previously acknowledged gifts with a resolution as
required by law; and
WHEREAS, the City of Mendota Heights encourages and supports citizens who wish to
participate in government; and
WHEREAS, the City Council of the City of Mendota Heights have duly considered this matter
and wish to acknowledge the civic mindedness of citizens and officially recognize their donations.
NOW THEREFORE BE IT HEREBY RESOLVED that the City Council of the City of Mendota
Heights accepts the donation of $100.00, a letter and a book from a resident the money is to be use at the
discretion of all of the officers and the donation of Coffee from the patrons of Caribou, Adopted by the
City Council of the City of Mendota Heights this 16th day of August, 2016.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
_________________________________
Sandra Krebsbach, Mayor
ATTEST:
______________________________
Lorri Smith, City Clerk
page 90
DATE: August 16, 2016
TO: Mayor and City Council
FROM: Mike Aschenbrener, Chief of Police
John Maczko, Fire Chief
SUBJECT: 17th Annual Traditional Wacipi – Pow Wow at St. Peter’s Church
COMMENT:
INTRODUCTION
Council is asked to authorize a continual fire for ceremonial purposes.
BACKGROUND:
The Mendota Mdewakanton Dakota Community has sponsored a Traditional Wacipi, a non-
competitive pow-wow, for the past 16 years.
The Wacipi or Pow-Wow will be held on the grounds at St. Peter’s Church. The Pow-Wow is a
family oriented event that is open to the public. The City does not require permits for large scale
activities. There is no alcohol allowed at the event. The event should not require any extra
policing.
The Mendakota Mdewakanton Dakota Community is looking for City Council permission to
have a continual fire on the grounds at St. Peters Church for the duration of the event.
The Fire Chief has been advised and will issue a permit for the ceremonial fire after Council
approval.
See attached flyer.
BUDGET IMPACT
There is no financial impact.
RECOMMENDATION
Pass a motion authorizing the Mdewakanton Dakota Community to have continual fire from
Friday, September 9, 2016 at 5:05 p.m. until the end of the event on Sunday, September 11, 2016
at 5:00 p.m.
page 91
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DATE: August 16, 2016
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Consulting Contract—Engineering/Public Works Analysis
COMMENT:
INTRODUCTION
The Council is asked approve a revised Letter Agreement with consultant Craig L. Ebeling for
his analyses and related services during the transition period for the Engineering and Public
Works Departments.
BACKGROUND
At the August 2nd City Council meeting, the Council accepted the resignation of Public Works
Director John Mazzitello. His last day with the City is August 19th. At the same meeting, the
Council approved a Letter Agreement with Craig L. Ebeling to provide consulting services
relating to analysis and recommendations for the provision of Engineering work and assistance
in the supervision for Public Works.
That initial Letter Agreement provided for very limited work; it now appears that Mr. Ebeling
may be called upon to assist in other areas. His initial Letter Agreement provided for
compensation at an hourly rate of $90/hour, with a cap of $1000. In retrospect, that cap was
unrealistically low if we are going to be able to fully use his expertise.
I propose to increase it to $5000, which would provide funding for additional research work,
including preparing for and attending the anticipated August 25th meeting. In addition, if needed,
it would allow funding for in-office assistance and direction, should that be determined to be
needed.
A revised Letter Agreement is attached; the modifications show the increase in the financial cap,
and a change in the description of the tasks to be performed.
BUDGET IMPACT
Funding would come from the Engineering Professional Services line item.
page 93
RECOMMENDATION
I recommend the August 11th Letter Agreement be approved, including increasing the amount of
the funding cap to $5000.
ACTION REQURED
If the Council concurs, it should, by motion, approve the August 11th Letter Agreement for
consulting services with Craig L. Ebeling.
Mark McNeill
City Administrator
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DATE: August 16, 2016
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Set Budget Workshop Date
COMMENT:
INTRODUCTION
The Council is asked to set a date in September to discuss the FY 17 budget.
BACKGROUND
Previously, the City Council set August 23rd and 25th as dates to consider the budget for next
year.
Because of recent staffing changes, we will probably need to delay at least the second of these
meetings. The Council will be able to have a discussion on August 23rd regarding those areas of
the budget which have not been impacted by changes in Administration, Engineering/PW, and
IT, but we will likely not be in a position to set anything final. We would still like some
discussion with you on the August 25th date to look at possible options for the “business model”,
moving forward.
Therefore, an additional meeting in September should be scheduled to (if necessary) complete
the discussion on the budget.
RECOMMENDATION
I recommend Thursday, September 8th, to begin at 5:00 PM for an additional budget workshop.
ACTION REQUIRED
If the Council concurs, it should, by motion, set a budget workshop for Thursday, September 8,
to begin at 5:00 PM.
Mark McNeill
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City Administrator
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