Loading...
2013-06-04 Council PacketCITY OF MENDOTA HEIGHTS CITY COUNCIL AGENDA June 4, 2013 — 7:00 p.m. Mendota Heights City Hall 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Adopt Agenda 5. Consent Agenda a. Acknowledgement of May 21, 2013 City Council Minutes b. Acknowledgement of May 28, 2013 Planning Commission Minutes c. Approval of Personnel Action Report d. Accept Resignation of Assistant to the City Administrator Jake Sedlacek e. Call for Public Hearing, 2nd Avenue Right -of -Way / Alley Vacation f. Approval of Computer Network Backup Purchase g. Approve Resolution 2013 -37 Order Feasibility Report for Victoria Road and Rolling Green Neighborhood Improvements h. Approval of Service Agreement with Dakota County for One -Stop Right -of -Way Permitting System i. Approval of Mendakota Playground Refurbishment j. Receipt of May 2013 Building Activity Report k. Approval of Contractor List I. Approval of Claims List m Approve Out of State Travel Request for Police Department 6. Public Comments 7. Presentations a. Prescription Drug Drop -Off Program Update, Dakota County Sheriff's Office b. Update on Mendota - Lebanon Hills Greenways Master Plan 8. Public Hearings a. Resolution 2013 -38 Lexington Heights Apartments Conduit Bond Refinancing b. Renewal of Wine and Intoxicating Liquor Licenses 9. New and Unfinished Business a. Ordinance 453 Amending City Code Regarding Signs, and Approve Summary Publication b. Ordinance 454 Amending City Code Regarding Garages, and Approve Summary Publication 10. Community Announcements 11. Council Comments 12. Adjourn* * Following the meeting the city council will be attending a reception for outgoing city attorney Tami Diehm at Axel's (1318 Sibley Memorial Highway, Mendota) CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, May 21, 2013 pg 2 5a. Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Krebsbach called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Duggan, Povolny, Petschel, and Norton. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Krebsbach moved to add Item 7 Presentations, Tornado Precautions to the agenda and presented the agenda for adoption. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and approval. Councilmember Duggan moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein, pulling items E) Approve Resolution 2013 -35, Recognition of National Public Works Week; K) Approve Resolution 2013 -34, Fire Station Lightning Protection System Donation; L) Approval of Construction and Geotechnical Services Contracts for 2013 Street Projects; and M) Approval of City Attorney Contract a. Acknowledgement of May 7, 2013 City Council Minutes i. Mayor Krebsbach noted that the meeting started at 7:08 p.m. as the Council had been convened in a prior workshop session to interview the potential City Attorney Councilmember Duggan moved to approve the amended minutes. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Abstain: 1 (Petschel) b. Acknowledgement of May 7, 2013 City Council Workshop Minutes c. Acknowledgement of May 9, 2013 City Council Workshop Minutes pg 3 d. Acknowledgement of May 14, 2013 Parks and Recreation Commission Minutes e. Approve Resolution 2013 -35, Recognition of National Public Works Week f Receipt of April 2013 Fire Synopsis Report g. Approval of Personnel Action Report h. Approval of Fire Department Out -of -State Travel Request i. Approve Resolution 2013 -36, Consenting to Issuance of Revenue Refunding Bonds by the Dakota County Community Development Agency for Dakota Communities, Inc. j. Approval of Health Care Savings Plan for Non -Union Employees k. Approve Resolution 2013 -34, Fire Station Lightning Protection System Donation 1. Approval of Construction and Geotechnical Services Contracts for 2013 Street Projects m. Approval of City Attorney Contract n. Receipt of April Treasurers Report o. Approval of Contractor List p. Approval of Claims List Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 Abstain: 1 (Councilmember Petschel abstained from Item 6b) PULLED CONSENT AGENDA ITEMS E) APPROVE RESOLUTION 2013 -35, RECOGNITION OF NATIONAL PUBLIC WORKS WEEK Public Works Director /City Engineer John Mazzitello explained that each year the American Public Works Association designates the third week in May as National Public Works Week. The theme for this year's recognition week is "Because of Public Works ". National Public Works Week is a time for public officials and residents to say thank -you to the public works staff who help to keep the quality -of- life healthy and vibrant in our communities. Councilmember Duggan moved adoption of RESOLUTION 2013 -35 RECOGNIZING NATIONAL PUBLIC WORKS WEEK AS THE WEEK OF MAY 19, 2013 THROUGH MAY 25, 2013 Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 K) APPROVE RESOLUTION 2013 -34, FIRE STATION LIGHTNING PROTECTION SYSTEM DONATION Councilmember Duggan acknowledged the gift to the Mendota Heights Fire Station from Thompson Lightning Protection Inc. of Lilydale and the Lightning Protection Institute. He suggested the City have a plaque installed in the fire department indicating receipt of the donation. Mayor Krebsbach noted the recommendation to permanently acknowledge the gift in the fire hall. Councilmember Petschel stated she found it interesting that the Lightning Protection Institute identified high risk lightning regions in the United States as Chicago, Minnesota, Dallas, and Toledo. pg 4 Councilmember Duggan moved to adopt Resolution 2013 -34 Accepting Gifts for the Mendota Heights Fire Station from Thompson Lightning Protection Inc. of Lilydale and the Lightning Protection Institute. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 L) APPROVAL OF CONSTRUCTION AND GEOTECHNICAL SERVICES CONTRACTS FOR 2013 STREET PROJECTS City Engineer John Mazzitello stated that this is an authorization to award a contract for survey staking and soil testing for the Hunter Lane / Orchard Place Reconstruction Project as well as the Crown Point and Overlook Rehabilitation Project. These costs were built into the project estimates and the feasibility study and they came in under the original estimate. Mayor Krebsbach asked if this is something that is typically done each year. City Engineer Mazzitello replied that typically the geotechnical services — being technical in nature and needing a laboratory to analyze soils — are done with each contract. The survey staking is often done in -house but this year it was decided to contract out these services for the Hunter /Orchard project due to the full workload for the year. Councilmember Norton moved to approve and authorize staff to sign the proposal from Bolton and Menk, Inc. for construction services in an amount not to exceed $12,190.00 and authorize staff to sign the proposal from Northern Technologies, Inc. for geotechnical services in an amount not to exceed $10,675.00. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 M) APPROVAL OF CITY ATTORNEY CONTRACT Mayor Krebsbach commended City Attorney Tami Diehm and her firm for the services provided to the City. Mayor Krebsbach stated that the City has had a long standing relationship with Winthrop and Weinstine; however, they have chosen to reduce their municipal practice work. The Council solicited proposals for City Attorney and received 10 proposals. City Administrator Justin Miller stated that at the workshop meeting prior to the last Council meeting, the Council interviewed three firms. The Council selected the law firm of Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P., more commonly known as Eckberg Lammers, to serve as Mendota Heights' city attorney. The law firm has appointed Thomas R. Lehmann to be the attorney to represent the City as its civil attorney. City Administrator Miller reviewed the proposed contract. The contract is for three - years, through 2016; however, either party can terminate with 90 days' notice. The contract also designates Andrew J. Pratt as the Assistant City Attorney in the case that Mr. Lehmann cannot be there. As this firm also represents the City of Lilydale and the City of Mendota, prior discussion had occurred on how to handle any conflict of interest issues, should they arise. City Administrator Miller explained pg 5 that if the City of Mendota Heights or Mr. Lehmann feels there is a conflict, the City of Mendota Heights will find alternate counsel and Mr. Lehmann would recuse himself from any of those discussions. Mayor Krebsbach asked City Attorney Diehm if she would be available should this occasion ever arise. City Attorney Diehm stated that she would be available. Councilmember Duggan made note of items A2, C1, C3 as needing some word editing. City Administrator Justin Miller agreed to edit item A2 as follows: `Review and advice shall make reference to existing and new legislation but also City- initiated methods of sharing or eliminating costs'. Councilmember Duggan stated that he was fine with the language in C1 and C3. He just wanted to make note of his opinion that some of the legalese is unnecessary. Councilmember Duggan then asked Mayor Krebsbach her thoughts on item C4.3 `Attorney /Client Privilege: The Law Firm is authorized to utilize e —mail without encryption to transmit and receive confidential client information. The City specifically acknowledges that it understands the confidentiality risks associated with inadvertent interception of such information.' City Attorney Tami Diehm explained that this reference is an acknowledgement on the City's part that the law firm would be transmitting email without encrypting the email, which is standard practice and also the way in which her law firm had been communicating with the City. Councilmember Povolny moved to approve the Contract for Civil Legal Services with the law firm of Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P. with the one edit noted. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 Mayor Krebsbach noted that City Attorney Tami Diehm would be continuing her services through the first meeting in June 2013. There were no public comments PUBLIC COMMENTS PRESENTATION A) TORNADO PRECAUTIONS Mayor Krebsbach extended sympathies and thoughts to the victims and families of the recent tornadoes in Moore, Oklahoma. She also mentioned that this topic was to be added to the first Council meeting in June but moved it up in light of those recent events. Chief of Police Michael Aschenbrener explained that two weeks ago was Severe Weather Awareness Week. There was a lot of storm activity in 2012 and he recognized the Public Works Department for carrying the brunt of the load involved in the cleanup. Chief Aschenbrener noted the warning sirens mean that people should take shelter in a safe location. He also explained that residents inside their homes may not hear the sirens. They should have a weather radio on so they can receive up -to- the - minute weather reports and warnings. A resident can go to pg 6 www.ready.gov or search the internet for "Minnesota Storm Awareness" for information on how to prepare for severe weather. Councilmember Petschel asked for confirmation that the siren system, which used to be an all- county warning system, has been split into three quadrants so now the sirens are activated specific to a quadrant. Chief Aschenbrener confirmed that was true until a couple of years ago. However, the weather service now has the capacity to activate the sirens in specific cities. They are working towards the goal of being able to only activate the sirens in specific areas rather than city -wide. Councilmember Duggan asked if the information shared today would be available on the City's website. Chief Aschenbrener replied that this information was posted during Severe Weather Awareness Week and is still posted today. UNFINISHED AND NEW BUSINESS A) ORDINANCE 451 PERMITTING ELECTRIC BOAT MOTORS ON ROGERS LAKE Assistant to the City Administrator Jake Sedlacek explained that currently Title 6, Chapter 6 of the City Code prohibits motor boats of any sort on any water body in the City of Mendota Heights. In the fall of 2012, the Rogers Lake Homeowners Association came before the City Council and requested permission to use motor boats with an electric motor on a temporary basis. At that time, the Council asked the Association to further develop their idea and to receive more public feedback. Representatives from the Rogers Lake Homeowners Association were in attendance and have again requested a temporary trial basis for utilizing electric motors on Rogers Lake, just on the portion south of Wagon Wheel Trail. This is a stand -alone ordinance and would not change the City Code at this time. The ordinance would be in effect until it expires on December 31, 2013. The reason staff used this approach is it gives them an opportunity to take a look at how this works for one season and to determine if it could become a budgetary issue or personnel issue for staff. If the City would choose to allow electric motors on Rogers Lake in future years, the Council would then adopt an ordinance which would amend the code. This item was heard by the Parks and Recreation Commission and they recommended granting the request on a trial basis for 2013. Sedlacek explained that the ordinance would allow electric motorized boats on Rogers Lake, south of Wagon Wheel Trail. The conditions are as follows: 1. The boat must be 14 feet or less in length 2. The motor strength must be 48 pounds of thrust (or equivalent to five horsepower) or less 3. The boat must be operated at "slow no wake" speed 4. Hours of operation for electric motors are sunrise to sunset Mr. Tim Carlson of Rogers Lake Homeowners Association explained that they had a lot of discussion on this subject and it was almost unanimously approved by the association. The association feels that they have arrived at a reasonable, responsible, and enforceable ordinance that would promote healthy recreational use of the only lake designated for recreational use in the City. pg 7 Mayor Krebsbach asked how they anticipate that the Council would determine that the temporary ordinance has been effective. Mr. Carlson replied that it would be based on quantity and types of complaints, if any. Councilmember Povolny asked about signs. Mr. Carlson answered that the association would provide the signs, putting one sign at Rogers Lake Park near the pier. There is a sign already there that explains the Catch and Release program that the DNR promotes. Mayor Krebsbach commented that the reason this was tabled before is the challenge in enforcing it and that the City would need the assistance of the residents to make this work. Mr. Carlson replied that everyone on the south side of Rogers Lake has agreed to help with enforcement as it would be in their best interest to do so. Councilmember Povolny asked if more signs would be appropriate — one over by St. Thomas at the end of Lake Drive and wherever someone might try to launch a boat. Mr. Carlson said the association would look at their funding to provide additional signage. Councilmember Petschel suggested that to truly make this a one year test, which would include a fishing opener and the water quality testing by St. Thomas — the trial period be from May 31, 2013 to May 31, 2014. Councilmember Duggan asked if electric motors were quiet. Mr. Carlson replied that they are basically inaudible to anyone who is not right next to it. Councilmember Duggan then asked about trolling motors. Mr. Carlson explained that a trolling motor is similar to an electric motor. Councilmember Duggan stated that he would like to see the City designate the legal or appropriate launch area(s) with signs and see the City contribute one sign, even though the association agreed to pay for the signage. He also feels that the City should have the overall oversight of the signs and where they go. Councilmember Duggan asked if too many boats on the lake could become a problem. Mr. Carlson replied that he personally did not feel that would be a problem. Mayor Krebsbach stated that a full one year trial period would not only give the City an idea of whether or not this would work, but the local residents as well. She also suggested extending the trial period to May 31, 2014. A second resident stated that everyone in attendance with the homeowners association was in favor of the ordinance. It was the consensus of the Council that the City should fund one of the signs and the signs should look similar to other City signage. Councilmember Duggan moved to adopt ORDINANCE 451, AN ORDINANCE ALLOWING ELECTRIC BOAT MOTORS ON ROGERS LAKE subject to the following conditions: 1. The boat must be 14 feet or less in length 2. The motor strength must be 48 pounds of thrust (or equivalent to five horsepower) or less 3. The boat must be operated at "slow no wake" speed 4. Hours of operation for electric motors are sunrise to sunset pg 8 with the effective dates being May 31, 2013 to May 31, 2014. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 B) AMENDMENT TO 2013 -2017 STREET IMPROVEMENT PLAN City Engineer John Mazzitello explained that the City's Street Improvement Plan identifies street improvement projects over the course of the next five years. In the recent months, staff has received requests from the residents of the Walsh Lane /Strafford Road neighborhood to advance their project by one year. They are currently scheduled as a rehabilitation project in 2015. Because staff had a number of verbal requests, they sent out a survey to all of the property owners that would be impacted by the project and asked whether they favored the project to be advanced to 2014 or whether it should remain in 2015. The results of the survey are as follows: • 67 surveys sent, 44 returned (66 %) • Of 44 surveys returned, 26 (59 %) favored 2014 construction Staff took a look at the street improvement plan and the rehabilitation projects scheduled for 2014 and 2015. The current 2014 rehabilitation project is the Centre Pointe Business Park and Commerce Drive in the industrial park. Staff determined that the Walsh Lane /Stratford Road pavement condition is in worse condition than Centre Pointe and Commerce Drive. If the projects were flipped, the total expenditure expected for 2014 would go down by $550,000 and the 2015 proposed expenditure would increase by $550,000. Staff recommended approval of the amendment to the street improvement plan to move the Walsh Lane /Strafford Road Neighborhood Rehabilitation Project forward to 2014; and move the Centre Pointe & Commerce Drive Rehabilitation Project back to 2015. Mayor Krebsbach suggested that staff confer with the property owners of Centre Pointe and Commerce Drive about the one year delay of the project. City Engineer Mazzitello stated that staff did review the developers agreements for the two business parks and there is nothing mentioned as to a timeframe of when rehabilitation project would be executed by the City. Mazzitello stated that staff would contact the property owners. Councilmember Petschel commented that Council has moved projects around in terms of their priority in the past and it has always been based on resident input. Councilmember Povolny stated that he has walked that neighborhood and the condition of the roads are very bad, probably some of the worst. Mayor Krebsbach stated that, in regards to Victoria Road, she would like at some point for Council to have a more thorough discussion of that in terms of how it would be assessed as it is a major project. City Engineer Mazzitello answered that staff would be starting the feasibility report process on the 2014 projects, which would be whatever rehabilitation project is left in 2014 along with Victoria Road, in the coming months. pg 9 Councilmember Norton moved to approve the proposed amendment to the Street Improvement Plan moving the Walsh Lane Neighborhood Rehabilitation project forward to 2014, and moving the Centre Pointe & Commerce Drive Rehabilitation project to 2015. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 C) MENDAKOTA PARK PLAYGROUND REFURBISHING Assistant to the City Administrator Jake Sedlacek stated the Mendakota Park play structure is showing signs of age. It is structurally sound; however, there are a number of safety issues that should be addressed along with general maintenance and appearance of the playground. The Parks Commission has discussed this project at length and looked at all options. The refurbishment, which they are recommending, is estimated to cost $70,000. Refurbishment would include stripping it down to the basic structure, repainting all of the posts, replacing any of the clamps that would attach fixtures onto the posts, and then sandblasting and repainting of any deck on the structure. Also, based on current safety guidelines, entrance areas would now be enclosed. Some of the play elements are outdated or beyond maintenance and those would be replaced. The quote for this refurbishment in the amount of $70,400 is from Landscape Structures, Inc. which is certified under the State of Minnesota Cooperative Pricing Venture. Because this is a refurbishment of the playground, the City is allowed to keep the current surfacing material which is pea gravel. A quote was received for replacing the playground surfacing material with an engineered wood fiber in the amount of $9,816.63. This is not a budgeted expense. Mayor Krebsbach asked for confirmation that the posts are sturdy and will remain and everything else would be taken off of the posts. Assistant to the City Administrator Sedlacek confirmed that this is correct. Councilmember Povolny asked if the repainting of the pieces would be done in the park or taken elsewhere. Sedlacek replied that all of the work is intended to be completed on site. Councilmember Duggan asked if any hazardous materials would be used during the sand blasting that could be a potential problem with winds blowing, etc. or would this be contained by the company. Sedlacek answered that this has been done in other communities and they have addressed those issues. Councilmember Duggan asked about the life expectancy of the refurbished equipment. Sedlacek replied that this product has lasted the City since 1991 and the refurbishment is anticipated to last another twenty or twenty -five years. Councilmember Duggan asked if there were any records of injury due to the current play surface. Sedlacek replied that there may have been some just in general but the City has not received any insurance claims on any of its playgrounds. pg 10 Councilmember Povolny asked what kind of paint warranty is being provided. Sedlacek answered that the vendor feels that the product they would be using is better than the factory. It would be warrantied as a new structure would be. Councilmember Duggan suggested that this decision be tabled until the warranty and life expectancy information could be provided in more detail. Councilmember Petschel stated she would be interested in finding out how the City would pay for the engineered wood fiber surfacing. Councilmember Petschel expressed concern that the Special Parks Fund is being depleted and that the City needs to look at alternative forms of funding. Councilmember Norton asked about the engineered wood fiber. Assistant City Administrator Sedlacek explained that it is a chemically treated wood product that does not have the sharp barbs or edges. It would be soft enough for people to land on and not get hurt. Mayor Krebsbach directed staff to come back to the next Council meeting with the following information: • The type of paint that would be used on the posts and the warranty of that product • Would the painting be done in place or elsewhere • Recommendations for funding the engineered wood fiber D) CONSIDERATION OF REQUEST FROM THE MENDOTA HEIGHTS ATHLETIC ASSOCIATION RELATING TO FIELD IMPROVEMENTS AT VICTORIA HIGHLANDS PARK Assistant to the City Administrator Jake Sedlacek explained that Mendota Heights Athletic Association (MHAA) has expressed a need for additional facilities for baseball. The City currently has only one baseball facility that is shared by three different teams. The athletic association worked with staff to identify potential sites where they might be able to locate a baseball only facility. Victoria Highlands Park was identified as a potential site for a baseball only facility. The association is looking to create a field similar to the one at Civic Center that would have a larger backstop, covered dugout areas, batting cages, eventually a grass infield, and an improved outfield fence. The Parks and Recreation Commission discussed this and their general feedback on the use as a baseball field was positive, based upon staff analysis that it would not have a negative impact on other users. Staff does not feel this use would harm other groups. The park would still be available as a multi -use space in the spring and fall seasons for football or soccer practices. Staff has met with MHAA and viewed plans for the field. Staff is comfortable with the plans that they provided. The City would retain ownership of the field and is the City's maintenance and insurance responsibility. The question before the Council is whether or not they are supportive of allowing a baseball only use on this facility. Staff would anticipate that MHAA would make a request for a portion of the funding for the proj ect. pg 11 Mayor Krebsbach asked if there was adequate parking available at the park. Assistant to the City Administrator Sedlacek replied that the parking at Victoria Highland Park is either a six or an eight car lot. There would be parking along Diane Road as there is now. Staff has not made any recommendation on the parking but does recognize that it would likely draw larger crowds. Mayor Krebsbach questioned if there are enough fields for softball. Assistant to the City Administrator Sedlacek replied that right now there are enough fields for softball. Councilmember Duggan expressed concerns on parking needs. He also expressed a desire for quality fencing between the homes and the park. He expressed a desire to know if there is any relationship between the City's $10,000 annual contribution to MHAA and the costs that could be associated with this project. Councilmember Povolny noted that residents living in Mendota, Lilydale, Inver Grove Heights, Sunfish Lake, West St. Paul, Eagan, and Mendota Heights can play MHAA baseball. However, he does not see any of these other cities contributing anything towards the MHAA association. Mendota Heights also donates the use of the fields and the city staff to maintain the fields. His other concerns were the cost to install irrigation and electricity to the field. He feels the site would have a lot of issues with cars parking on the curved road and the additional noise to the neighborhood. Representatives from MHAA answered the questions and concerns raised. MHAA uses the field today for their younger players — nine and ten year old in -house program. He confirmed that a majority of the kids in the programs are from Mendota Heights. Representative from MHAA stated that the rules are based on the Metro Baseball League Rules that allow kids who attend school in the district to play on the association teams. Mayor Krebsbach recommended that this item be tabled so that MHAA can provide the actual proposal and estimates for what the costs might be. She directed staff to provide information on the fields available in the City and what their current uses are. She asked for information to be provided on the percentage of kids from other cities in the school district that participate in these programs. It was the consensus of the Council to table this item to a future meeting. COMMUNITY ANNOUNCEMENTS Assistant City Administrator Jake Sedlacek listed the following upcoming events: • Parks Celebration is Saturday, June 1, with the Annual Run/Walk starting at 9:00 a.m. More Parks Celebration activities will be held at Mendakota Park from 11:00 to 2:00. A band will play at Market Square Park the evening before. • Summer Playground Programs (tennis, golf), will be starting on June 10. • Performances in the Parks will be held most Thursday evenings at the Village at Market Square. • "The Teddy Bear Plant Band" will be playing on June 12 at Henry Sibley pg 12 Assistant City Administrator Sedlacek also provided information on the services and programs offered by the Dakota County Community Development Agency (CDA). More information can be found at www. dakotacda. org. COUNCIL COMMENTS Councilmember Norton stated that he is very happy with the good weather and has been out and about in the City. Councilmember Petschel commented that she attended the Airport Noise Oversight Committee meeting last week and heard that the FAA is still scheduled to implement RNAV arrivals in July 2014 and departures in September of 2014; however, the FAA locally and nationally has been involved in a prolonged safety evaluation process on Area Navigation. Currently, the FAA is taking a prolonged look at that safety aspect. Councilmember Duggan wished the graduating class members success in their future studies and endeavors and asked that they celebrate responsibly. He also noted a passage in the Mendota Heights Patch today about bringing community sustainability to life; highlighting the portion about there being a strong correlation between communities that support smaller locally owned businesses and a better quality of life. He encouraged residents to shop locally. Mayor Krebsbach expressed her appreciation to the Mendota Heights Garden Club for donating apple trees to the front lawn at City Hall. She wished everyone a safe and enjoyable Memorial Weekend. She also congratulated the graduates and wished the other school children a wonderful summer. ADJOURN Councilmember Duggan moved to adjourn the meeting. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 Mayor Krebsbach adjourned the meeting at 8:55 p.m. Sandra Krebsbach Mayor ATTEST: Lorri Smith City Clerk nLil CITY OF MENDOTA HEIGHTS 1101 Victoria Curve I Mendota Height. 651.452.1850 phone 1 651.452.894C www.mendota- heights.com pg 13 5b. DATE: June 4, 2013 TO: Mayor and City Council FROM: Justin Miller, City Administrator SUBJECT: May 28th Planning Commission Minutes The May 28, 2013 planning commission minutes were not available at the time of packet publication. We hope to distribute them to the city council on Monday or Tuesday before the council meeting. Planning Commission Minutes Hay 28, 2013 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSON MINUTES May 28, 2013 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, August 28, 2012, in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. The following Commissioners were present: Chair Litton Field, Jr.; Commissioners Howard Roston, Doug Hennes, Robin Hennesey, Mary Magnuson, and Ansis Viksnins. Those absent: Michael Noonan. Those present were Assistant to the City Administrator Jake Sedlacek, Public Works Director /City Engineer John Mazzitello, and NAC Planner Stephen Grittman. Approval of Agenda The agenda was approved as submitted. Approval of April 23, 2013 Minutes Commissioner Viksnins noted a couple of corrections to the minutes of the April 23, 2013 Planning Commission Meeting. COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER MAGNUSON, TO APPROVE THE MINUTES OF APRIL 23, 2013, AS CORRECTED. AYES: 6 NAYS: 0 ABSENT: 1 (Noonan) Hearings PLANNING CASE #2013 -06 City of Mendota Heights Ordinance amending city code regarding signs Planner Stephen Grittman explained that this is a proposed zoning ordinance amendment with a series of potential changes to current sign regulations. Planner Grittman reviewed the proposed changes to the ordinance. Staff recommended approval of the amendment as submitted. Commissioners asked questions regarding flag signs, electronic displays, number of times a sign can be changed in one day, size, non - compliance fees and holiday displays. Two minor language changes to the amendment were considered. Chair Field opened the public hearing. Planning Commission Minutes Hay 28, 2013 Seeing no one coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. COMMISSIONER HENNES MOVED, SECONDED BY COMMISSIONER ROSTON, TO CLOSE THE PUBLIC HEARING. AYES: 6 NAYS: 0 ABSENT: 1 (Noonan) COMMISSIONER HENNES MOVED, SECONDED BY COMMISSIONER ROSTON, TO APPROVE THE PROPOSED AMENDMENT TO THE ZONING ORDINANCE, AS DISCUSSED BY THE COMMISSION, BASED ON A FINDING THAT THE CHANGES BEST FURTHER THE INTERESTS OF THE CITY IN PROTECTING THE PUBLIC HEALTH, SAFETY, AND GENERAL WELFARE. AYES: 6 NAYS: 0 ABSENT: 1 (Noonan) Chair Field advised the City Council would consider this recommendation at its June 4, 2013 meeting. PLANNING CASE #2013 -07 City of Mendota Heights Ordinance amending city code regarding garages and accessory structures in residential zoning districts Planner Stephen Grittman explained that this is a proposed zoning ordinance amendment with a series of potential changes to the city code pertaining to garages and accessory structures in residential zoning districts. The amendment would create a new standard for the number of garage doors, and would amend language on the total area and number of garages /accessory structures allowed. Planner Grittman reviewed the proposed changes to the ordinance. Staff recommended approval of the amendment. Commissioners sought clarification on the maximum size for an attached garage under the new code, which is capped at 1,500 square feet. The commissioner also inquired about basing the garage size on the finished square footage of the principle structure. Planner Grittman noted that the idea had merit, but would be difficult to implement. The definition of Private Garage was also reviewed. Chair Field opened the public hearing. Seeing no one coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. Planning Commission Minutes Hay 28, 2013 COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER HENNES, TO CLOSE THE PUBLIC HEARING. AYES: 6 NAYS: 0 ABSENT: 1 (Noonan) COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER MAGNUSON, TO APPROVE THE PROPOSED AMENDMENT AS PRESENTED, INCORPORATING A FINDING THAT THE REGULATIONS WOULD CONTINUE TO PROTECT THE RESIDENTIAL CHARACTER OF THE CITY'S NEIGHBORHOODS, AND PROVIDE BETTER OPPORTUNITIES TO ENCLOSE AUTOMOBILES AND OTHER PERSONAL PROPERTY TO AVOID OUTDOOR STORAGE. AYES: 6 NAYS: 0 ABSENT: 1 (Noonan) Chair Field advised the City Council would consider this recommendation at its June 4, 2013 meeting. Verbal Review Mr. Sedlacek gave the following verbal review: PLANNING CASE 2013 -04 Ed Getz Conditional Use Permit • Approved by the City Council as recommended by the Planning Commission. COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER ROSTON, TO ADJOURN THE MEETING AT 7:40 P.M. AYES: 6 NAYS: 0 ABSENT: 1 (Noonan) pg 14 5c. 1101 Virraera Curve 1 Me Tth .651.45118560W 1 ,6$1.e .99a0fax w w.memd a- heights,ecm DATE: TO: FROM: SUBJECT: Y OF M ERIQOTA HEIGHTS June 4, 2013 Mayor, City Council and City Administrator Tamara Schutta, HR Coordinator Personnel Action Item Item 1: 2013 Par 3 Seasonal Hire The Par 3 typically employs three golf instructors for each season. At an earlier council meeting the city council appointed two golf instructors. Staff recently interviewed Allan Green for a golf instructor position and is recommending Allan Green for one of the golf instructor positions. The background check has been completed. His hourly rate for the seasonal golf instructor position will be $22.00 per hour. Staff is recommending Allan Green for employment effective June 3, 2013 for the 2013 golf season. BUDGET IMPACT As noted above. RECOMMENDATION City staff recommends that city council appoint Allan Green for a seasonal golf instnictor position for the 2013 golf season effective June 3, 2013. If council concurs in the recommendation, a motion should be made to approve the appointment of Allan Green for the golf instructor position. A simple majority vote is all that is needed on this issue. nLil CITY OF MENDOTA HEIGHTS DATE: June 4, 2013 TO: Mayor and City Council FROM: Justin Miller, City Administrator SUBJECT: Accept Resignation of Jake Sedlacek BACKGROUND pg 15 1101 Victoria Curve I Mendota Heights, M1 651.452.1850 phone 651.452.8940,..,, www.mendota- heights.com 5d. It is with mixed emotions that we are submitting for the council's consideration the resignation of Assistant to the City Administrator Jake Sedlacek. Jake has worked for the City of Mendota Heights for over six years. Over this time his duties have included, among many others, managing planning and zoning cases, coordinating the city's recycling efforts (including the annual city -wide clean -up day), managing the Mendota Heights Par 3 maintenance and operations, and handling numerous public outreach efforts such as the Friday News. Jake will be moving on to the private sector and we are excited for him in his next career step. BUDGET IMPACT N/A RECOMMENDATION Staff recommends that the Mendota Heights City Council accept the resignation of Assistant to the City Administrator Jake Sedlacek effective June 14, 2013. This action requires a majority vote of the city council. t au CITY OF MENDOTA HEIGHTS pg 16 1101 Victoria Curve 1 Mendota Heights, IN 651.452.1850 phone 1 651.452.8940,..,. www.mendota-heights.com 5e. DATE: June 4, 2013 TO: Mayor, City Council, and City Administrator FROM: John R. Mazzitello, PE, PMP, MBA Public Works Director /City Engineer SUBJECT: Call for Public Hearing — Vacation of 2"d Avenue Right -of -Way BACKGROUND City staff has identified a number of areas within the City that are unused, city -owned right -of- way (ROW). At the Council goal setting session held this past January, these areas were discussed. It was determined that areas consisting of alleys or otherwise incomplete ROWs that will not be utilized for future public use should be analyzed for vacation. Staff has researched the undeveloped, platted alleyway that exists east of Vandall Street between 2"d Avenue and 3rd Avenue. This alleyway does not connect to a developed ROW on the east and "dead ends" into private property. The platted alleyway is 20 -feet wide and is currently utilized by area residents as part of their rear yards. Several lots along the alleyway have landscaping, accessory structures, and primary structures inside the 20 -foot alley ROW. Recently, severe storms that came through Mendota Heights have caused damage from trees located within this undeveloped ROW. Since it remains under City ownership, the City was partially liable for this damage. All impacted property owners have been contacted about the potential for this action. In 2010, staff contacted the property owners for the same issue and all but one owner responded in favor of the vacation. Property owners were given until close of business on June 4th to respond with comments, so those responses were not available at the time of agenda publication. Staff will have all the property owner responses available at the City Council meeting. BUDGET IMPACT Other than the staff time to process the vacation, there is no impact to the City budget. RECOMMENDATION Staff recommends Council call for a public hearing at the June 18th City Council meeting. If Council wishes to implement this recommendation, pass a motion authorizing a public hearing on the vacation of the 2nd Avenue Alleyway by a simple majority vote. Dakota County, MN pg 17 Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or far zoning verification. Dakota County assumes no legal responsibility for the information contained in this data. Map Scale 1 inch = 167 feet 5/29/2013 nLil CITY OF MENDOTA HEIGHTS 1101 Victoria Curve I Mendota Heights, 651.452.1850 phone 1 651.452.894 www.mendota- heights.com pg 18 DATE: June 4, 2013 TO: Mayor, City Council and City Administrator FROM: Stacy Kaiser, I.T. Manager SUBJECT: Computer Network Backup Hardware and Software Purchase BACKGROUND With the addition of two SQL server databases to our network infrastnicture, it has become necessary to purchase additional hardware and software in order to completely backup all data and server configurations of our network domain. The hardware needed to accomplish the full domain backup is a Dell PowerVault LTO -6 including (14) 1Terabyte tapes and a three year hardware warranty. The software needed to perform the backup is from Symantec, Backup Exec including software assurance and SQL agents. BUDGET IMPACT The total cost of the hardware equipment is $6,067.72. The total cost of the software is $3,103.07. The total cost of the backup solution is $9,164.79. This purchase is in the 2013 budget. Please see attached purchase orders for additional cost information. RECOMMENDATION Staff recommends that the city purchase the Dell PowerVault LTO -6 hardware and the Symantec Backup Exec software for the amount of $9,164.79 and pass a motion authorizing the City Administrator to sign the purchase orders. Ji4�lY:k A14NUU11� BILL TO: CITY OF MENDOTA HEIGHTS 1101 VICTORIA CURV CDWWG.cam l 800,594,4239 SHIP TO: CITY OF MENDOTA HEIGHTS Attention To: STACY KAISER 1101 VICTORIA CURV Accounts Payable MENDOTA HEIGHTS , MN 55118- MENDOTA HEIGHTS , MN 55118 -4106 4106 Contact: STACY KAISER 651.255.1140 Customer Phone #651.452.1850 Customer P.O. # DLSX622 QUOTE CO NT MANA E400SPS SALES 'QUOTATION DLSX622 5539838 5/21/2013 CE TRb IFICATt ELECTRONIC DISTRIBUTION Request Terms k� am >aa0.sr T PRICE : EX TENDED -PRIC 1 261632 4 261642 1 261636 1 261635 1 261643 1 147219 SYG BE 2012 SVR P SVR BND V/U ESS Mfg #: LQCXWZUO -EI1GS Contract: MARKET Electronic distribution - NO MEDIA SYG BE 2012 AGT APPS &DBSSVR V/U ESS Mfg #: 3DENWZUO -E11 GS Contract: MARKET — Electronic distribution - NO MEDIA SYG BE 2012 AGT VM &HP PH /S V/U ESS Mfg #: NNBOWZUO -E11GS Contract: MARKET Electronic distribution - NO MEDIA SYG BE 2012 AGT F P SVR BND V/U ESS Mfg #: MLJXWZUO -EI1GS Contract: MARKET Electronic distribution - NO MEDIA SYG BE 2012 OPT LIB XP P D V/U ESS Mfg #: 4ENHWZUO -EI1 GS Contract: MARKET Electronic distribution - NO MEDIA SYM TRAIN ON- DEMAND TECH CNTR 1Y MBR Mfg #: 13561085 Contract: MARKET Electronic distribution - NO MEDIA 350.00 350.00 350.00 1,400.00 525.00 525.00 225.00 225.00 350.00 350.00 50.00 50.00 SUBTOTAL FREIGHT TAX 2,900.00 0.00 203.07 CDW Government 230 North Milwaukee Ave. Vernon Hills, IL 60061 Fax: 312.752.4250 This quote is subject to CDW's Terms and Conditions of Sales and Service Projects at http://www.cdw.com/content/terms-conditions/product-sales.asp For more information, contact a CDW account manager. Please remit payment to: CDW Government 75 Remittance Drive Suite 1515 Chicago, IL 60675 -1515 Date: 05/15/2013 QUOTATION Quote #: 652882686 Customer #: 003283788 Contract #: WNI5ACA CustomerAgreement #: MN PA 14238 Quote Date: 05/15/2013 Customer Name: CITY OF MENDOTA HEIGHTS Thanks for choosing Dell! Your quote is detailed below; please review the quote for product and informational accuracy. If you find errors or desire certain changes please contact your sales professional as soon as possible. Sales Professional Inf SALES REP: Email Address: RAFAEL RENTERIA PHONE: 1800 - 4563355 R Curtis @Dell.com Phone Ext: 80000 G : 1 QUANTITY: 1 M PRICE: $5 709.3 GROUP TOTAL: $5,70r Base Unit PowerVault LTO -6 External Tape Backup (225 -4025) 6Gb SAS HBA, Dual Port (342 -1091) 1 6Gb SAS Cable, 1M (330 -6062) 1 Dell Hardware Limited Warranty Initial Year (971 -0091) 1 Dell Hardware Limited Warranty Extended Year(s) (971 -0092) ProSupport: Next Business Day Onsite Service After Problem Diagnosis,lnitial Year (971 -0145) ProSupport: Next Business Day Onsite Service After Problem Diagnosis,2 Year Extended (971 -0147) ProSupport: 7x24 HW / SW Tech Support and Assistance, 3 Year (971 -0159) Dell ProSupport. For tech support, visit http : / /support.dell.com /ProSupport or call 1- 800 - 945 -3355 (989 -3439) On -Site Installation Declined (900 -9997) Power Cord,125V,USA (310 -5088) LTO -6 Media 15 PK (342 -5575) 1 1 1 61.72 Product Subtotal: Tax: Shipping & Handling: State Environmental Fee: Shipping Method: $5,709.30 $352.42 $0.00 $0.00 LTL 5 DAY OR LESS (* Amount denoted in $) Statement of Conditions The information in this document is believed to be accurate. However, Dell assumes no responsibility for inaccuracies, errors, or omissions, and shall not be liable for direct, indirect, special, incidental, or consequential damages resulting from any such error or omission. Dell is not responsible for pricing or other errors, and reserves the right to cancel orders arising from such errors. Dell may make changes to this proposal including changes or updates to the products and services described, including pricing, without notice or obligation. This proposal is not intended to create a contractual relationship. Unless expressly agreed otherwise in a writing signed by the parties, all orders by CITY OF MENDOTA HEIGHTS for Dell products and services shall be subject to Dell's pg 20 Terms and Conditions of Sale- Direct, which can be found atwww.dell.com /terms and which incorporate Dell's U.S. Return Policy, at www.dell.com /returnpolicy #total . Please read those terms carefully and in their entirety, and note in particular that Dell EqualLogic and EqualLogic- branded products, DeIIIEMC and EMC - branded products, PowerVault ML6000 tape libraries, non -Dell- branded enterprise products, enterprise software, and customized hardware or software products may not be returned at any time. Orders also shall be subject to the terms of any applicable service contract(s), which can be found at www.dell.com /servicecontracts. All information supplied to CITY OF MENDOTA HEIGHTS for the purpose of this proposal is to be considered confidential information belonging to Dell. About Dell Dell Inc. (NASDAQ: DELL) listens to customers and delivers innovative technology and services they trust and value. Uniquely enabled by its direct business model, Dell is a leading global systems and services company and No. 34 on the Fortune 500. For more information, visit www.dell.com. Privacy Policy Dell respects your privacy. Across our business, around the world, Dell will collect, store, and use customer information only to support and enhance our relationship with your organization, for example, to process your purchase, provide service and support, and share product, service, and company news and offerings with you. Dell does not sell your personal information. For a complete statement of our Global Privacy Policy, please visit dell.com /privacy. pg 21 CITY OF MENDDTA HEIGHTS 1101 Victoria Curve I Mendota Heigh: 651.452.1850 phone 1 651.452.8 www.mendota-heights.com pg 22 5g. DATE: June 4, 2013 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, PE, Assistant City Engineer Michael Albers, PE, Civil Engineer SUBJECT: Ordering of Feasibility Report for Victoria Road & Rolling Green Improvements BACKGROUND The purpose of this memo is to request the council to order a feasibility report for the proposed 2014 street reconstruction and rehabilitation project (see attached map). Staff identified the Victoria Road Neighborhood Improvements as a 2014 street reconstruction project in the 2013- 2017 Street Improvement Plan (SIP). The Walsh Lane Neighborhood Rehabilitation was identified as a 2015 street rehabilitation project in the 2013 -2017 SIP and was changed to a 2014 rehabilitation project at the May 21 city council meeting. Due to the close proximity of these projects to each other, staff proposes to combine these two neighborhood improvements into one project to reduce redundancies and staff time. The combined project will be called the Victoria Road & Rolling Green Neighborhood Improvements. As identified in the 2013 -2017 SIP, the proposed street to be reconstructed is the rural section of Victoria Road from Lexington Avenue to Caren Road in Mendota Heights. This street has deteriorated to the point where it is no longer cost effective to patch. Under the circumstances, the questions that need to be resolved are related to the design details of the street as opposed to whether or not the street should be reconstructed. Before staff presents the feasibility report to the city council, a neighborhood meeting will be held to discuss design issues. The City of Lilydale portion of Victoria Lane from Caren Road to Highway 13 will be reviewed by Lilydale staff and may be rehabilitated in conjunction with the Mendota Heights improvement project. The proposed streets to be rehabilitated, as identified in the 2013 -2017 SIP, are Walsh Lane from Marie Avenue to 150' south of Stratford Road, Stratford Road, Oxford Court, Windwood Court, Rolling Green Curve, and Coventry Court. Based on our observations as well as our pavement management system, these streets have deteriorated to the point where it is no longer cost effective to patch the street and rehabilitation is necessary. Staff has received several telephone inquiries as to when resurfacing will take place. Staff sent out a survey to the 67 property owners that would be affected by the Walsh Lane Neighborhood Rehabilitation project soliciting their opinions as to which construction year they preferred. The results of our survey are: - 67 surveys sent, 44 returned (66 %) - Of 44 surveys returned, 26 (59 %) favor 2014 construction, 15 (34 %) favor 2015 construction, 2 (5 %) favor either year, and 1 (2 %) favors no project at all. pg 23 The streets have concrete curb and gutters so a street rehabilitation is proposed. Street rehabilitation typically includes removing and replacing the existing bituminous surface with a new bituminous surface, curb and gutter repair, and catch basin repair. BUDGET IMPACT The 2013 -2017 SIP estimated the total project costs for the Victoria Road & Rolling Green Neighborhood Improvements to be approximately $3,438,000 not including street improvements by the City of Lilydale. The project costs in the SIP are rough estimates using 2012 dollar amounts, which will be refined during the budget, feasibility report and bidding process. Victoria Road & Rolling Green Neighborhood Improvements project is anticipated to be financed by special assessments, municipal bond sales, municipal state aid funds, and utility funds. RECOMMENDATION Staff recommends that council formalize and start the public improvement process by ordering the preparation of a feasibility report for reconstructing the rural section of Victoria Lane from Lexington Avenue to Caren Road; and rehabilitating Walsh Lane from Marie Avenue to 150' south of Stratford Road, Stratford Road, Oxford Court, Windwood Court, Rolling Green Curve, and Coventry Court. If city council wishes to implement the staff recommendation, pass a motion adopting A RESOLUTION ORDERING PREPARATION OF FEASIBILITY REPORT FOR THE VICTORIA ROAD & ROLLING GREEN NEIGHBORHOOD IMPROVEMENTS (PROJECT #201308). This action requires a simple majority vote. pg 24 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2013 -37 A RESOLUTION ORDERING PREPARATION OF FEASIBILITY REPORT FOR THE VICTORIA ROAD AND ROLLING GREEN NEIGHBORHOOD INPROVEMENTS (PROJECT #201308) WHEREAS, it is proposed to construct improvements on Victoria Road from Lexington Avenue to Caren Road in Mendota Heights including the construction of storm sewer, aggregate base, concrete curb and gutter, bituminous surfacing, and appurtenant work; and WHEREAS, it is proposed to construct improvements on Walsh Lane from Marie Avenue to 150' south of Stratford Road, Stratford Road, Oxford Court, Windwood Court, Rolling Green Curve, and Coventry Court including the removing of the existing bituminous surface, construction of bituminous surfacing, concrete curb and gutter repair and appurtenant work; and WHEREAS, this project is identified in the City's 2013 -2017 Street Improvement Plan; and WHEREAS, it is proposed to assess the benefited property for all or a portion of the cost of the improvements, pursuant to Minnesota Statutes, Chapter 429, NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council that the proposed improvements be referred to the City Engineer for study and that he is instructed to report to the Council with all convenience and speed advising the Council in a preliminary way as to whether the proposed improvements are necessary, cost - effective and feasible and as to whether they should best be made as proposed or in connection with other improvements, and the estimated costs for the improvements as recommended. Adopted by the City Council of the City of Mendota Heights this fourth day of June, 2013. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST Lorri Smith, City Clerk Victoria Road and Rolling Green Improvements May 30, 2013 0 800 SCALE IN FEET pg 25 City of Mendota Li'• A LL Heights Legend 2014, Rehabilitation 2014, Reconstruction INN / asu s DI t•r •. P. .0 , l VICT =1 1 'lfi -F1 �v t au CITY OF MENDOTA HEIGHTS 1101 Victoria Curve I Mendota Heigh 651.452.1850 phone 1 651.452.8[: www.mendota-heights.com pg 26 5h. DATE: June 4, 2013 TO: Mayor, City Council, and City Administrator FROM: John R. Mazzitello, PE, PMP, MBA Public Works Director /City Engineer SUBJECT: Approval of a Service Agreement with Dakota County for One -Stop Right -of- Way Permitting System BACKGROUND Dakota County has established a One -Stop Right -of -Way Permitting System for the County and member cities within the County. The purpose of this program is to give utility and construction contractors the convenience of only having to fill out one permit application. This system allows, as its name states, a one -stop permit for the contractors. Each municipality still reviews construction plans before the permit is issued, and each municipality would still collect fees for the Right -of -Way permit through Dakota County. The program has been in place for close to one year and has received very positive reviews from contractors, utility companies and participating cities. Currently, all major metro cities in Dakota County participate in the program with the exception of South Saint Paul, West Saint Paul, and Mendota Heights. The City of West Saint Paul plans on joining the system in 2013. BUDGET IMPACT The One -Stop Right -of -Way Permitting System costs member cities $2,000.00 as a one -time set up fee, and a monthly service charge based upon the number of permits processed. The initial estimated monthly charge for the program is $39.58 ($475.00 annually). The initial set -up fee of $2,000.00 is not currently budgeted, but could be paid for out of the Code Enforcement Division from revenues generated by building permit and Right -of -Way permit fees. The monthly (or annual) charge will be paid for out of collected Right -of -Way permit fees. RECOMMENDATION Staff recommends approval of the attached Service Agreement for One -Stop Permit System. If Council agrees with the staff recommendation, pass a motion approving the attached agreement by a simple majority vote. pg27 DAKOTA COUNTY SERVICE AGREEMENT WITH THE CITY OF MENDOTA HEIGHTS FOR ONE -STOP PERMIT SYSTEM THIS DAKOTA COUNTY SERVICE AGREEMENT FOR ONE -STOP PERMIT SYSTEM ( "Agreement ") is made and entered into by and between the County of Dakota, a body politic and corporate under the laws of the State of Minnesota ( "County "), and the City of Mendota Heights, a municipal corporation organized under the laws of the State of Minnesota ( "City "). County and City are each sometimes referred to herein as a "Party" and collectively as the "Parties." WHEREAS, Dakota County's One -Stop Permit System brings together the permitting processes of the County and participating cities into one, easy to use permitting application process where the public can easily apply for permits that apply to one or more entities within the County; and WHEREAS, Dakota County and the City of Mendota Heights desire to partner with each other to offer the One -Stop Permit System to the public as part of their mission to provide efficient, effective and responsive government to their citizens. NOW, THEREFORE, in consideration of the mutual promises and agreements made herein the Parties agree as follows: 1. Definitions. (a) "System Software" means County's proprietary computer software program(s) described in Exhibit A (the "System Overview "), in object code form only, including all Updates. (b) "Permit System" means the One -Stop Permit System Internet site operated by the County, accessible by the City and the general public as applicable, through secure access points, with a specific Uniform Resource Locator to be provided to the City (or any successor URL). (c) "City Data" means the data collected by the Permit System issued on behalf of the City relating to the Permits issued. (d) "Documentation" means any Permit System user manuals, training or education materials, technical manuals, and specifications describing the System Software and Services created by the County relating to the Permit System, in printed and /or electronic form, including all Updates. (e) "Permitted User" means the City's employees and the general public who are provided access to the Permit System in accordance with the procedures in Section 10 of this Agreement. ONE -STOP PERMIT SYSTEM SERVICE AGREEMENT 4 -26 -12 Page 1 of 14 pg 28 (f) "Provider Content" means County's reports, information, and data other than City Data made available to the City and its Permitted Users as part of the Services. (g) "Renewal Term" has the meaning set forth in Section 16. (h) "Services" means operating the System Software and utilities in County's host computer system, providing Provider Content to the City, storing City Data, and making the System Software, Provider Content and City Data available to Permitted Users via the Permit System, as more fully described in Exhibit A. Services do not include integrating the Permit System or City Data with any application or computer system other than email notification that a permit has been issued and the standard reports included in the Permit System. (i) "Update" means, as applicable, any update, modification, or new release of the System Software, Documentation, or Provider Content that the County makes generally available to the City at no additional cost. 2 Provision of On -line Services. (a) The City hereby engages the County, and the County hereby agrees (subject to the terms and conditions herein) to provide the Services more fully described in this Agreement and in the system overview attached hereto as Exhibit A (the "System Overview ") and grants to the City a non- exclusive, non - assignable and non - transferable license to use the Permit System for its intended purpose during the term of this Agreement. (b) The City acknowledges and agrees that the County's provision and performance of the Services is dependent and conditioned upon the City's full performance of its duties, obligations and responsibilities hereunder. (c) Each party shall at all times during the term of this Agreement designate an individual to serve as its primary point of contact regarding the Services provided and the rights or obligations of each Party under this Agreement. 3. Additional County Responsibilities. During the Term of this Agreement, the County shall be responsible for the following: (a) The County shall provide all required hosting and operations support for the Permit System. (b) The County may, from time to time, in its sole discretion, install Updates, modify the Services or any component thereof provided that such Updates shall perform and contain functionality that is equal to or better then the current version of the Services. The County will complete such installations and modifications in accordance with the County's normal application implementation plan and will, where possible, minimize any impact on the City's or general public's use of the Permit System and its Services. The County will notify the City by standard methods of notification such as email, system generated messages on the Permit System home page or similar communication methods, in advance of the installation of an Update or modification to the Services. (c) The County will provide support and system maintenance to the Permit System as more fully described in this Agreement and the System Overview. ONE -STOP PERMIT SYSTEM SERVICE AGREEMENT 4 -26 -12 Page 2 of 14 pg 29 (d) The County will provide the computer servers that will run the Permit System, providing secured (SSL Certificate) access to the City and the general public. (e) The County will provide technical support for the servers that are hosting the Permit System and for the Permit System code and the databases that hold the information collected and used to run the Permit System. (f) The County will provide timely email notification to the City prior to any scheduled maintenance outages that could make the Permit System unavailable. (g) The County will provide help desk support for the Permit System during the hours of 7:00 am to 4:30 pm (CST) on County business days. (h) The County shall have in place a Business Continuity and Disaster Recovery Plan and will utilize industry standard back -up and archival procedures. (h) The County will configure and maintain the Permit System to provide reasonable system response time for the City's Permitted Users and the general public that is within the control of the County. (k) The County will provide training on the use of Permit System for City staff as set forth in Section 9 of this Agreement. 4. The City Responsibilities. During the Term of this Agreement, the City shall be responsible for the following: (a) The City will pay the initial "sign on fee" and monthly fee as set out in the Payments section below. (b) The City shall be responsible for providing, at no cost to the County, the necessary personnel and information needed to configure and run the Permit System for the City. (c) The City shall identify the City's staff that needs to have access to the Permit System so that the security access can be setup for them. (e) The City shall be responsible for ensuring that the City's use of the Permit System complies with this Agreement and all laws applicable to the City. (f) As between the Parties, the City shall be responsible for the accuracy and completeness of all records and data provided by the City in connection with this Agreement. 5. System Features and Configuration. The City acknowledges and agrees that it will be using the Permit System that is also utilized by other Cities and agencies in Dakota County and potentially elsewhere in Minnesota. The capabilities and functions of the Permit System will be determined by County. County will consult with the County Permits Collaborative Users Group (the User Group), which is comprised of the member cities who have met and continue to meet the payment responsibilities described in the Payments section of this agreement. When settings or features have been added to the Permit System that are designed by the County in conjunction with the Users Group, the Parties shall work cooperatively to identify ONE -STOP PERMIT SYSTEM SERVICE AGREEMENT 4 -26 -12 Page 3 of 14 pg 30 System features or functionality (common practices, processes, and procedures conducted by the City in day -to -day operations as they relate to utilizing the Permit System) that are configurable to best fit the City's business practices. The County shall set available configurations in the Permit System for the City. 6. Ownership, Protection and Security. (a) The County shall own the intellectual property and all other proprietary rights and interests associated with the Permit System and Services and all components thereof and associated documentation, except as expressly provided herein. The City acknowledges and agrees that nothing in this Agreement or any other agreement grants the City any licenses or other rights with respect to the Permit System (source code or object code) or Services other than the right to receive Services as expressly provided herein. (b) Ownership of any data, text, graphics or other information or content materials and all records and databases supplied or furnished or entered into the System by the City hereunder for incorporation into or delivery through the application(s) described in the System Overview shall remain with the City, and the County shall cease use of all such material upon termination of this Agreement. (c) The County grants to the City a limited license during the term of this Agreement to use and reproduce the County's trademarks and logos pertaining to the Permit System for purposes of including such trademarks and logos in City materials and links relating to the Permit System. All uses of such trademarks and logos shall conform to the County's guidelines and requirements for use of such trademarks and logos. (d) By storing City Data on the County's equipment and System, the County does not obtain any ownership interest in the City Data except to the extent that the County is obligated to keep said data intact and secure and to regularly backup the data for redundancy and disaster recovery purposes. As between the City and the County, City Data is and shall remain the sole and exclusive property of the City, including all applicable rights to copyrights, trademarks or other proprietary or intellectual property rights thereto. (e) The City shall be responsible for responding to any data practices requests related to any City Data the City or its Permitted Users have entered into the System. 7. Implementation. The County agrees that upon execution of the Agreement and payment of the required funds as set forth in the Payments section, the County will work with the City to setup and configure the Permit System so that City permits can be requested and paid for by the general public in accordance to the City's schedule of fees. The time table for implementation is provided in Exhibit D. 8. Training and Acceptance Testing. The County will hold a half day training session for all Cities that are going live when the Permit System initially goes live. An Administration User's Guide will be provided to all people attending the training session. A second half day training session will be provided for the Cities that are coming online in the second batch of Cities. The Cities will be asked by the County to participate in the Acceptance Testing of the Permit System, which will take 10 (ten) days. Any defects found by the Cities will be communicated to the County giving full details of the situation that caused the defect and ONE -STOP PERMIT SYSTEM SERVICE AGREEMENT 4 -26 -12 Page 4 of 14 pg 31 screen shots where possible to assist in the troubleshooting process. Dates for the Training Sessions and the Acceptance Test period will be communicated to the Cities by the County's Project Manager. The County will undertake to have, wherever possible, all defect corrections made prior to going live. If a defect is found that cannot be resolved prior to the go live date, and if the Cities agree to go live anyway, the County will communicate the date on which the final defect resolutions will be implemented. 9. User Access Restrictions. The Parties acknowledge and agree that access to the Permit System will be restricted to those employees or agents of the City having a business need to enter and view City Data or Provider Content. The City will request access to the Permit System by filling out a Permit System Access Request form and emailing it to the County Help Desk at help.desk @co.dakota.mn.us. The Permit System Access Request form can be obtained from the County's Help Desk by emailing the above email address or by contacting the County's Help Desk on (651) 438 4346. The Permit System Access Request form will be included in the Permit System Administration User's Guide given out in the training sessions. The City shall promptly notify the County's Help Desk whenever an Authorized User ceases to be an employee or agent of the City or no longer has a position that requires access to the Permit System. Authorization to access to the System by all City Approved Users will expire on the date this Service Agreement terminates. 10. County Representations and Warranties. (a) The County shall provide the Provider Content and Services to City for the Permit System to be accessible to the City and the General Public without interruption, except for scheduled maintenance and required repairs, and except for any interruption due to causes beyond the reasonable control of the County including, but not limited to, any Force Majeure Event (as defined in Section 19). (b) The County warrants that the Permit System and Services will operate in conformance with the criteria set forth in this Agreement, its Schedules and Exhibits, and the applicable specifications and Documentation, not including any post- Acceptance modifications or alterations to the Documentation which represent a material diminishment of the functionality of the Permit System, Service, or Provider Content; when used in accordance with the Documentation and all of the terms and conditions hereof. (c) The County warranties that the Permit System is compatible with and will operate successfully with the following internet browsers: Microsoft Internet Explorer version 7 and up, Firefox version 10 and up, Google Chrome version 17 and above and Apple's Safari version 5 and above. (d) In the event that the City discovers a non - conformance with any of the County's warranties or representations as stated in this Agreement, the City shall promptly inform the County of such fact in writing, and, upon receipt of such notice the County shall correct the non - conformity within a reasonable period of time not to exceed thirty (30) days without any additional charge to the City. (e) THE SERVICE LEVEL WARRANTY SET FORTH HEREIN SHALL ONLY APPLY TO THE PERMIT SYSTEM PROVIDED BY THE COUNTY AND DOES NOT APPLY TO (A) ANY PROFESSIONAL SERVICES; (B) ANY SUPPLEMENTAL SERVICES; (C) ANY SERVICE(S) THAT EXPRESSLY EXCLUDE THIS SERVICE LEVEL WARRANTY (AS STATED IN THE SYSTEM ONE -STOP PERMIT SYSTEM SERVICE AGREEMENT 4 -26 -12 Page 5 of 14 pg 32 OVERVIEW FOR SUCH SERVICES). THIS SECTION STATES THE CITY'S SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE BY THE COUNTY TO PROVIDE SERVICE(S). (f) Ownership of Services and System Software. The County warrants that it is the sole owner and developer of the Permit System and has the right and authority to provide access and use of the Permit System software, Provider Content and Services to the City and authorized users as set forth in this Agreement. If the County's ownership rights are successfully challenged to the extent that the City must cease using the Services, the County shall refund a prorated portion of the annual fees paid by the City (should the fees be paid annually) for the current term of this Agreement as measured from the date the City must cease using the Services. (g) No Other Warranty. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, AND THE CITY'S USE OF THE SERVICES IS AT ITS OWN RISK. THE COUNTY DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND /OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. THE COUNTY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR -FREE, OR COMPLETELY SECURE. COUNTY DOES NOT AND CANNOT WARRANT THE RESULTS OBTAINED BY USE OF THE SERVICES. COUNTY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE COUNTY SOFTWARE WILL MEET THE REQUIREMENTS OF THE CITY OR GENERAL PUBLIC. (h) Disclaimer of Actions Caused by and /or Under the Control of Third Parties. THE COUNTY DOES NOT AND CANNOT CONTROL THE FLOW OF DATA BETWEEN THE POINT THAT THE PERMIT SYSTEM CONNECTS TO THE INTERNET (WHETHER SECURE OR NOT) AND THE CITY'S FACILITIES AND EQUIPMENT. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF THE INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT THE CITY'S CONNECTIONS TO THE COUNTY'S PERMIT SYSTEM. ALTHOUGH THE COUNTY WILL USE REASONABLE EFFORTS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, THE COUNTY CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, THE COUNTY DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. 11. Nondisclosure. Through exercise of each Party's rights under this Agreement, each Party may be exposed to the other party's technical and financial information and data, in electronic, magnetic, photographic and other forms that is confidential or private information ( "Confidential Information "). In recognition of the other Party's need to protect its legitimate business interests and legal obligations, each party agrees that it shall regard and treat each item of information or data constituting Confidential Information of the other Party as confidential or private and that, except as required by law including the Minnesota Government Data Practices Act, it will not redistribute or disclose to any other person, firm or entity, or use or modify for use, directly or indirectly in any way for any person or entity any of the other Party's Confidential Information. If Confidential Information is required by subpoena, court order or government requirement to be disclosed, each Party shall give the other Party prompt written notice of such subpoena, court order or government requirement to allow the other Party an opportunity to obtain a protective order to prohibit or restrict such disclosure. ONE -STOP PERMIT SYSTEM SERVICE AGREEMENT 4 -26 -12 Page 6 of 14 pg 33 12. Data Securit During the term of this Agreement, the County shall, at a minimum, implement the following procedures designed to protect the security of City Data: (a) User identification and access controls designed to limit access to City Data to Authorized Users; (b) Industry standard firewalls regulating data entering the County's internal data network from an external source, which will enforce valid secure connections between internal and external systems; (c) The County will maintain and follow a disaster recovery plan designed to maintain access to the System Software and Services and to prevent the unintended destruction of City Data; 13. Liability Limitations. (a) NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY OR TO ANY OTHER PERSON OR ENTITY, UNDER ANY CIRCUMSTANCE OR DUE TO ANY EVENT WHATSOEVER, FOR CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT, LOSS OF USE OR BUSINESS STOPPAGE. (b) Under no circumstances shall the County's total liability to the City related to the System Software, Provider Content, or performance of Services under this Agreement exceed the aggregate amount of fees and revenue received by the County hereunder for the prior twelve (12) month period. 14. Parties Liable for Own Acts. Each party to this agreement shall be liable for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its agents, volunteers or employees. The Municipal Tort Claims Act, MN Stat. Ch. 466, and other applicable laws shall govern the County and City's liability. 15. Term and Termination. (a) This Agreement shall commence as of the date executed by both Parties and shall remain in effect unless terminated by either party as set forth herein ( "Initial Term "). After three years and every three years after that, the County may revise the cost associated with this agreement, by creating an amendment to this agreement which would then be agreed to and signed by both parties. (b) Each Party reserves the right to terminate this Agreement immediately if the Services provided hereunder become illegal or contrary to any applicable law, rule, regulation or public policy. Each Party shall have the right to terminate this Agreement upon ninety (90) days prior written notice to the other party. Termination of this Agreement by the City does not entitle the City to a refund of any annual fees the City has paid to the County. (c) Within sixty (90) days of termination of this Agreement, the County shall provide the City with a copy of all of the City Data contained in the Permit System. Within a reasonable time after providing ONE -STOP PERMIT SYSTEM SERVICE AGREEMENT 4 -26 -12 Page 7 of 14 pg 34 the City Data, the County shall delete and remove all of the City Data from the County's servers and data storage. 16. Payments. (a) Initial Buy In Payment and Monthly Fees. The City will pay the County an Initial Buy -In Fee of $2,000 as the City's share of the development costs. The City will also pay the County a monthly fee to cover the hosting and support costs. The monthly fee is calculated using the average count of the last three years permits multiplied by $3.50, divided by 12 months, plus $25. The City may pay this fee on an annual basis, calculated as the Monthly Fee multiplied by 12 months. The details of this calculation are set out in Exhibit C. Based on these calculations the monthly fee to be paid by the City is $39.58. (b) The Permit System will allow the public to apply for a permit in a "one stop shop" portal that is accessed from the internet. For example, if the member of the public requires a permit from the County, the City of Apple Valley and the City of Lakeville, the Permit System will allow the member of the public to apply for all three permits at once. If the permits are paid for by credit card, the County will collect the money paid for the permits and will distribute the permit fees to the Cities according to the Cities permit fees structure. Credit card fees applied to the County by the credit card companies will be subtracted from the permit fees distributed to the Cities by the County, proportioned according to the ratios of the County's and City's fee structures. (c) If the permits are paid for with a check instead of by credit card, the person applying for the permits will pay the check directly to each, the County and Cities involved. (d) Fees for any extra services provided by the County that are outside the services that the County must provide under this Agreement shall be paid by City at a rate of $65.00 per hour. 17. Participation on the Permit System User Group. The Permit System User Group will provide input to the County's Information Technology staff as to upgrades and enhancements that need to be made to the Permit System. The User Group consists of representatives from the County and cities who have committed to using the Permit System by paying the above mentioned fees and by signing this Agreement. The County will take the Cities requests into consideration when planning work on the Permit System. The County retains the right to make the final decision on what new functionality will be included in future releases. 18. Force Maieure. Neither Party shall be liable to the other Party for any damages, costs, expenses or other consequences incurred by a Party or by any other person or entity as a result of delay in or inability to deliver any Services or comply with other obligations and responsibilities under this Agreement due to circumstances or events beyond the Party's reasonable control, including, without limitation: (i) acts of God; (ii) changes in or in the interpretation of any law, rule, regulation or ordinance; (iii) strikes, lockouts or other labor problems; (iv) transportation delays; (v) unavailability of supplies or materials; (vi) fire or explosion; (vii) riot, military action or usurped power; or (viii) actions or failures to act on the part of a governmental authority. ONE -STOP PERMIT SYSTEM SERVICE AGREEMENT 4 -26 -12 Page 8 of 14 pg 35 19. Miscellaneous. Assignment. The Parties shall not assign its rights or obligations under this Agreement without the prior written consent of the other party. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement shall remain in full force and effect. Waiver and Amendment. No modification, amendment or waiver of any provision of this Agreement shall be effective unless in writing and signed by the Parties. No failure or delay by either Party in exercising any right, power, or remedy under this Agreement shall operate as a waiver of any such right, power or remedy. Governing Law. This Agreement shall be governed by the laws of the state of Minnesota, and the Parties hereby submit to exclusive jurisdiction in the federal and state courts located in Dakota County, Minnesota for all disputes in connection with this Agreement or the transaction contemplated hereby. Notices. All notices and other communications required or permitted hereunder shall be in writing and shall be mailed by United States first class mail, postage prepaid, sent by facsimile or delivered personally by hand or nationally recognized courier. All such notices and other written communications shall be effective one business day after the date of mailing, receipt of confirmed facsimile transmittal or delivery. All notices shall be addressed to the applicable Party at its respective address first set forth above or such other address as may be designated on notice to the other Party pursuant hereto. Independent Contractors. The County and its personnel or agents, in performance of this Agreement, are acting as independent contractors and not as an employees or agents of the City. Under no circumstances will either Party have the right or authority to enter into any contracts or assume any obligations for the other or to give any warranty to or make any representation on behalf of the other. ONE -STOP PERMIT SYSTEM SERVICE AGREEMENT 4 -26 -12 INTENTIONALLY LEFT BLANK Page 9 of 14 pg 36 IN WITNESS WHEREOF, the parties have caused this Service Agreement for One -Stop Permit System to be executed by their respective duly authorized officers as of the date set forth above. This Agreement shall be effective only when executed below by both Parties. Approved As To Form: City Attorney /Date CITY OF By Mayor Date Attest: Date City Clerk COUNTY OF DAKOTA By Anita Scott, Director Information Technology Department Date Approved As To Form: Dakota County Board Resolution No. County Attorney /Date ONE -STOP PERMIT SYSTEM SERVICE AGREEMENT 4 -26 -12 Contract No. Page 10 of 14 pg37 EXHIBIT A SYSTEM OVERVIEW Dakota County's one stop Permit System brings together the road right -of -way permitting processes of the County and the Cities within the County into one, easy to use permitting application system where the public can apply for permits that apply to one or more entities within the County. Customers will have an online web user interface where they will be able to: 1) Create and update their profile 2) Purchase multiple permits in a shopping cart environment 3) Make one payment via Credit Card for all permits 4) Be able to view purchased permits and reprint permit copies 5) Be able to view pending permits and update as needed Cities will be able to: 1) View all permits at a glance 2) Create user profiles or update user profiles 3) View reports of purchased permits, be able to see who has not paid for a permit and suspend their purchase abilities until payment has been made 4) Update permits that have been purchased and accept or reject their status for further review. 5) Add /Update /Delete documents to permits as needed 6) Create permits for customers as needed Procedure: A member of the public can become a customer by creating a user or company profile to do business with the Permit System. A customer can go to their "work place" where they have options to purchase a permit or print existing permit copies. Once they request to purchase a permit a customer will be given an option to select a permit type. Once that type is selected the customer will be prompted to select a city or cities in which they need a permit. If multiple cities are selected the permit system will loop through the process creating permits for the customer for each city that is selected and place the completed permit(s) into a shopping cart for further review or purchase. Upon the completion of the purchase the customer will receive verification of their application for the permit(s). The city can accept or reject the permit. If accepted the customer is notified by email that the permit was approved and a copy of their permit will be included in the email to them. If the city rejects the permit, the city will contact the customer and tell them why and allow them to update and supplement the permit request as needed. ONE -STOP PERMIT SYSTEM SERVICE AGREEMENT 4 -26 -12 Page 11 of 14 pg 38 EXHIBIT B MAINTENANCE AND SUPPORT SERVICES The County shall maintain the Permit System including related hardware and software hosted by the County according to the separate Service Level Agreement (SLA) between Dakota County Information Technology and the Dakota County Cities. ONE -STOP PERMIT SYSTEM SERVICE AGREEMENT 4 -26 -12 Page 12 of 14 pg 39 SLA for Dakota County Cities Effective Date: April 1, 2012 EXHIBIT B Service Level Agreement (SLA) Between Dakota County IT And Dakota County Cities For One -Stop Permit System IT Relationship Manager: Dave Miland Version Version 1.0 Date 6 -21 -10 Revision / Description Draft Author Don Turner /Anita Scott 1.1 3 -28 -11 Final Don Turner 1.2 2 -9 -12 Update for Dakota County Cities Anita Scott/Tim Auld Approval (By signing below, all Approvers agree to all terns and conditions outlined in this Agreement.) Approvers Title Approval Date and Signature Anita Scott IT Director, Dakota County City POC Agreement Termination Approvers Title Termination Approval Date and Signature Anita Scott IT Director, Dakota County City POC SLA EXHIBIT B TO ONE -STOP PERMIT SYSTEM AGREEMENT 4 -26 -12 Page 1 of 14 pg 40 SLA for Dakota County Cities Table of Contents 1. Agreement Overview 3 2. Goals & Objectives 3 3. Stakeholders 3 4. Service Environment 4 5. Periodic Review 4 6. Service Agreement 4 6.1 Service Scope and Costs 4 6.3 Service Availability 5 6.4 Incident and Service Request Reporting and Management 5 6.5 Incident and Service Request Prioritization 6 6.6 Response and Resolution Times 8 6.7 Escalation Procedures 9 6.8 Service Provider Responsibilities 9 6.9 Service Assumptions 9 6.10 Customer Requirements 10 7. Service Level Management 10 7.1 Availability Restrictions 10 7.2 Service Measurement and Performance Targets 10 7.3 Service Level Reviews 11 7.4 Service Requests 11 7.5 Service Maintenance 11 Amendments: 11 Appendix A: Definitions 12 Appendix B: Maintenance Schedule 13 SLA EXHIBIT B TO ONE -STOP PERMIT SYSTEM AGREEMENT 4 -26 -12 Page 2 of 14 pg 41 SLA for Dakota County Cities 1. Agreement Overview This Agreement represents a Service Level Agreement ( "SLA" or "Agreement ") between the Dakota County IT Department and Dakota County IT Customers of the One -Stop Permit System for the provisioning and delivery of IT infrastructure core services and support. This Agreement may be updated by Dakota County from time to time after consultation with the Stakeholders. Update changes will be recorded in the Amendments section of this Agreement and are effective upon the date recorded therein. 2. Goals & Objectives The purpose of this Agreement is to define the service level expectations as it relates to the delivery and support of IT infrastructure core services to Dakota County IT Customers by the Service Provider (Dakota County IT). The goal of this Agreement is to obtain as much as possible a mutual agreement and understanding for IT infrastructure services and support between the Service Provider and Customer. The objectives of this Agreement are to: • Provide clear reference to service ownership, accountability, roles and /or responsibilities. • Present a clear, concise and measurable description of service provision to the customer. • Match perceptions of expected service provision with actual service support & delivery. 3. Stakeholders The following Service Provider(s) and Customer(s) will be used as the basis of the Agreement and represent the primary stakeholders associated with this SLA: IT Service Provider(s): Dakota County IT Infrastructure IT Customer(s): Dakota County Cities The following stakeholders are responsible for the deployment and ongoing support of this agreement Stakeholder Title / Role Contact Information Anita Scott IT Director, Dakota County anita.scott @co.dakota.mn.us Dave Miland IT Manager, Dakota County Dave.Miland @co.dakota.mn.us Tim Auld IT Manager, Dakota County Tim.Auld @co.dakota.mn.us City POC SLA EXHIBIT B TO ONE -STOP PERMIT SYSTEM _AGREEMENT 4 -26 -12 Page 3 of 14 pg 42 SLA for Dakota County Cities 4. Service Environment The following information provides an estimate of the number of users, permits and the infrastructure supported by this SLA: User Base Description All Staff Number of Users Unlimited Number of Permits Number of estimated permits to be processed by the city each year: see Exhibit C of the contract between the Dakota County and the Cities for host the Permits System. Number of Servers One web server and one database server. Location Dakota County Administration Center Network Devices Switches, firewalls, load balancers, tape libraries, etc. 5. Periodic Review This Agreement is valid from the above Effective Date and is valid until the Date of Termination. This Agreement may be reviewed on an annual basis; however, in lieu of a review during any period specified, the current Agreement will remain in effect. The IT Relationship Manager ( "Document Owner') is responsible for facilitating regular reviews of this document. Contents of this document may be amended by Dakota County after consultation with the primary Stakeholders and communicated to all affected parties. The Document Owner will incorporate all subsequent revisions and obtain mutual agreements / approvals as required. IT Relationship Manager: Dave Miland Review Period: Annually Previous Review Date: None Next Review Date: January, 2013 This Agreement will be made accessible to all Stakeholders electronically. 6. Service Agreement The following detailed service parameters are the responsibility of the Service Provider in the ongoing support of this Agreement. 6.1 Service Scope and Costs The following Services are covered by this Agreement. The funds for these standard services are provided via Dakota County I.T. operating budget. The operating budget supports personnel costs, training, contractual services, equipment maintenance, software licensing and maintenance and technology infrastructure improvements for the County. A breakdown of what services are charged back to the cities is in the table below. SLA EXHIBIT B TO ONE -STOP PERMIT SYSTEM AGREEMENT 4 -26 -12 Page 4 of 14 pg 43 SLA for Dakota County Cities Reference No. Service Provided Costs to be Recovered TS1.1 Network Infrastructure Support Services - installation, configuration, management and support for data networks, network servers, firewall maintenance and administration and other security related services, management of the storage and backup of files and data. Included in $25 a month flat fee TS1.2 Application Hosting Services — installation, configuration, management, and support for application software, server hardware, server operating systems, and management of remote network access. Included in $25 a month flat fee TS1.3 Help Desk Services — single point of contact for reporting of all IT related problems and requests. Records and tracks reported incidents and service requests; assigns related priority levels and coordinates IT communications, manages the accounts required for security and access control to systems and files. Included in $25 a month flat fee TS1.4 Fee per permit processed $3.50 • The funds required to provide these services — including the tools required to provide them — are generally supported via the Dakota County I.T. operating budget. Exceptions to this rule are found where services are not evenly consumed or can be directly attributed to a specific request to enhance the application for one or more of the cities. For example, the cost of establishing a new permit type or customization that is specific to a city or a request to add additional functionality that is requested by all the cities. • Non - Standard services are not covered by the terms of this SLA and may require further negotiation and may be subject to additional fees. Any required fees will be agreed to prior to the work commencing. 6.2 Service Availability Coverage parameters specific to the service(s) covered in this Agreement are as follows: • Monday to Friday 7:00 A.M. to 6:00 P.M. • Coverage from 6:00 P.M. to 9:30 P.M. on most nights 6.3 Incident and Service Request Reporting and Management The IT Help Desk is the single point of contact for all IT related services and requests. There are primarily two classifications of all inquiries received by the Help Desk categorized as: • Incident — any event which is not part of the standard operation of a service and which causes, or may cause, an interruption to, or a reduction in, the quality of that service. • Service Request — a simple request from a Customer that does not involve a failure such as a software installation, telecom change, etc. SLA EXHIBIT B TO ONE -STOP PERMIT SYSTEM AGREEMENT 4 -26 -12 Page 5 of 1.4 pg 44 SLA for Dakota County Cities 6.4 Reporting Procedures To report incidents or initiate service requests, please select one of the methods below: • Call the Help Desk telephone number to be connected with an agent — 651 - 438 -4346 - and after hours select from the main menu the appropriate option for assistance. Based on your selection, your call will be handled appropriately. OR • Email Help.Desk @co.dakota.mn.us and enter your problem and /or service request. The Help Desk will review your request, assigned a priority, and route it to the appropriate technical teams for action. Once an incident or service request has been received, the Help Desk primary responsibilities are to: • Record and track reported incidents (e.g. problem) and service requests; • Enter a ITSM ticket • Provide initial classification (e.g. assign service category) and support; • Assess impact and urgency; • Determine priority level; • Alert appropriate technical teams • Monitor escalation procedures • Coordinate IT communications (e.g. downtime notifications, IT updates, etc.) When the Help Desk receives an incident or service request from a customer, a tracking number and priority level (See Section 6.5 — Incident and Service Request Prioritization) will be assigned. If the Help Desk agent cannot resolve the incident quickly either through a permanent solution or workaround, they will hand it off to the appropriate technical specialists and /or teams for further investigation, diagnosis and resolution. The customer is notified of the incident status and priority level assigned. 6.5 Incident and Service Request Prioritization One of the key roles of the Help Desk staff is to assess event impact and urgency and determine an adequate priority level. These activities are not an exact science, as there are virtually unlimited scenarios and potential situations. However, the following framework and variables /factors are used as a benchmark when determining priority ratings: • Number of Users Affected by the Incident • Single user • Multiple Users, floors or work units • Work site • Multiple work sites • Business Impact of the Incident • Low — low /minimal impact on business customer • Moderate — moderate /minor impact on business customer • High — high impact on business customer • Existence of a short term fix or work around SLA EXHIBIT B TO ONE -STOP PERMIT SYSTEM AGREEMENT 4 -26 -12 Page 6 of 14 pg 45 SLA for Dakota County Cities Service parameters are defined based on criticality of service and /or application and appropriate priority assigned based on impact and urgency. A guideline to the priorities assigned is specified below: Where: • Large number of users = 75 or more • Limited number of users = 25 -75 • Small number of users = 1 -25 The above numbers are provided as guidelines but business impact may also be a factor. SLA EXHIBIT B TO ONE -STOP PERMIT SYSTEM AGREEMENT 4 -26 -12 Page 7 of 14 SERVICE PARAMETERS PRIORITY TO BE ASSIGNED • A major service or mission critical application is unavailable; • Has a high impact and is highly visible; affects a large number of users, application or service; • Short term fix or work around is not available Priority 1 - Immediate • Service request in this category are rare and limited to those that are considered urgent in nature; Provider management approval required • A service or application is unavailable or degraded; • Has a high impact and is highly visible; affects a large number of users, application or service; • Short term fix or work around is available Priority 2 - High • Service request for access to applications, systems, directories, groups, etc. • A service or application is down or degraded; • Has a moderate impact or moderately visible; affects a limited number of users, application or service Priority 3 - Moderate • Service request for new hardware, software, telecom changes, etc. • A non - critical service or application is down or degraded; • Has a low impact; affects a small number of users or a single user; • A workaround or maintenance is acceptable Priority — 4 Low • Service request for a general question or a request for information Where: • Large number of users = 75 or more • Limited number of users = 25 -75 • Small number of users = 1 -25 The above numbers are provided as guidelines but business impact may also be a factor. SLA EXHIBIT B TO ONE -STOP PERMIT SYSTEM AGREEMENT 4 -26 -12 Page 7 of 14 pg 46 SLA for Dakota County Cities 6.6 Response and Resolution Times INCIDENTS An incident (problem) is an event which causes an interruption to, or reduction in, the quality of a service, incidents are given a priority rating between 1 and 4 with priority 1 being the highest. The following table outlines the Key Performance Indicators for INCIDENTS: Priority 1 - Immediate Maximum Time to Respond 15 Minutes Maximum Time to Resolve 4 hours or less 2 - High 1 hour 4 hours 3 - Moderate 2 hours 2 business days 4 - Low 4 hours 5 business days • Time to Respond is the time the Incident is opened to initial contact by a technician. • Time to Resolve is the total time from incident reported to resolution. • Priority of incidents can be raised from lower to higher priority if no response is received from the Service Provider within the response time window defined as per this SLA. Please refer to section 6. 7 — Escalation Procedures for further details. SERVICE REQUESTS A service request refers to common customer request that does not involve a failure or disruption of a service. Examples of such requests include: new hardware /software requests, telecom requests, physical staff moves, etc. All service requests are assigned a priority from 1 through 4. It is recommended, whenever possible that customers provide as much advance notice as possible prior to the required date. The following table outlines the Key Performance Indicators for SERVICE REQUESTS: Priority Time to Respond Time to Resolve 1 - Immediate Same Day within 1 business day 2 - High 2 Days within 3 business days 3 - Moderate 2 Days within 4 business days 4 - Low 2 Days within 8 business days • Custom requests are excluded from the above key performance indicators. Custom Requests refers to an IT related request that does not fall into the Incident or Service Request categories. Examples of such requests include: new system design and technical review and analysis, major office relocations /moves etc. The Provider manages these requests on a case -by -case basis as each request is unique and may require significant project planning and resources. As a result, it is not possible to define standard response and resolution times. The Provider will respond to and discuss such requests within a reasonable period of time. SLA EXHIBIT B TO ONE -STOP PERMIT SYSTEM AGREEMENT 4 -26 -12 Page 8 of 14 pg47 SLA for Dakota County Cities 6.7 Escalation Procedures The Help Desk escalates incidents and service requests according to the procedures outlined below. Customers may initiate escalation when they believe their incidents or service requests are not being handled in a timely manner. The customer should contact the Help Desk and ask for their incident or service request to be escalated. The Help Desk agent will escalate your request to the Provider's internal management team as noted below. PROVIDER INTERNAL NOTIFICATION AND ESCALATION PROCEDURES specified] Standard Business Hours are 7:00 a.m. — 6:00 p.m. Monday — Friday [unless otherwise Escalation Level Contact* Priority 1 Incident Priority 2 Incident Priority 3 Incident Priority 4 Incident Help Desk Immediate Notification Immediate Notification 2 hours 4 hours Service Delivery Manager or Technical Team Manager or Lead Immediate Notification 1 hour 4 hours 8 hours Technology Director 1 hour 2 hours 8 hours Next Business Day Business Unit Management 1 hour 2 hours 8 hours Next Business Day 6.8 Service Provider Responsibilities Service Provider responsibilities and /or requirements in support of this Agreement include: • Meet service measurements as outlined in Section 7.2 — Service Measurement and Performance Targets; • Monitor customer satisfaction via a customer survey tool; • Follow escalation process when deemed appropriate; • Provide Service Reviews to Customer as outlined in Section 7.3 — Service Level Reviews; • Provide appropriate notification to Customer for all scheduled maintenance as outlined in Section 7.6 — Server Maintenance. 6.9 Service Assumptions Assumptions related to in -scope services and /or components include: • Services are provided to Dakota County customers only; • Services are provided only for standard devices and applications; • Support for major upgrades will be defined as "projects" and are outside the scope of this agreement; • Availability of needed equipment in the event of failure; • Availability of external vendor support, if required; • Changes to services will be communicated to all stakeholders. Some components of service delivery are outside the Provider's control. These components could affect the service goals listed in this document. While the Provider will make every effort to mitigate any damage caused by these problems, excluded from the service measurements listed in this agreement are any problems related to: • Failure of the Provider's vendor's equipment; • Actions or inactions of the Provider's vendor or contractor; • Outages and /or degraded performance of infrastructure not managed by the Provider SLA EXHIBIT B TO ONE -STOP PERMIT SYSTEM AGREEMENT 4 -26 -12 Page 9 of 14 pg 48 SLA for Dakota County Cities 6.10 Customer Requirements Customer responsibilities and /or requirements in support of this Agreement include: • Staff /users within the business units report problems /issues in a timely manner; • Staff /users follow the established procedures as outlined in Section 6.4 — Incident and Service Request Reporting and Management for reporting incidents or initiating service requests; • Staff /users within the cities understand the features and functionality of the permitting application they need to use in order to complete their work assignments. It is the responsibility of cities to ensure staff obtains the necessary training. • Provide a detailed description of the problem /issue being encountered; • Provide error messages received, if appropriate; • Reasonable availability of customer(s) when resolving a reported incident or service request 7 Service Level Management Effective support of in -scope services is a result of maintaining consistent service levels. The following sections provide relevant details on service availability, monitoring, measurement and reporting of in -scope services and related components. 7.1 Availability Restrictions Customer requests for service availability outside the coverage parameters as outlined in Section 6.3 - Service Availability should be submitted in writing to the Provider for review. If needed, this SLA may be amended to reflect those changes or a supplemental SLA negotiated. 7.2 Service Measurement and Performance Targets The following measurements will be established and maintained by the Service Provider to ensure optimal service provision to the Customer: Measurement Definition Performance Target Target Incident Acknowledgment Time Time the Help Desk responds to customer acknowledging receipt and /or report of incident. 90% of incidents will be acknowledged in 30 Minutes or less Target Incident Response Time Provider response time from time incident is opened to initial contact by a technician. 80% of incidents responded to within established timelines based on priority levels. (See Section 6.6) Target Incident Resolution Time Total time from incident reported to resolution. 80% of incidents resolved within established timelines based on priority levels. (See Section 6.6) Number of Unscheduled Outages Number of outages during the Core Availability Time 99.9% of the time mission critical systems will be available.* Target Service Request Resolution Time Total time from service request reported to resolution 80% of service requests resolved within established timelines based on priority levels (See Section 6.6) *Mission critical systems are currently defined as: Email, Phones, Internet Access, Jail Management Systems, JAIIMS, CJIIN, CIBERLaw, Portals (Criminal History), and any Community Services Systems that administer support to Public Health and Social Services. Most of those systems are housed at the State of Minnesota but our network is required to run them. SLA EXHIBIT B TO ONE -STOP PERMIT SYSTEM AGREEMENT 4 -26 -12 Page 10 of 1.4 pg 49 SLA for Dakota County Cities 7.3 Service Level Reviews The Service Provider will use a phased approach in initially conducting Service Level reviews. The reviews will be conducted on an annual basis or as needed. The IT Relationship Management will facilitate the Service Level reviews with the appropriate city point of contact. 7.4 Service Requests In support of services outlined in this Agreement, the Service Provider will respond to reported incidents and /or service requests submitted by the Customer within the established time frames as outlined in Section 6.6 — Response Times. 7.5 Service Maintenance All services and /or related components require regularly scheduled maintenance ( "Maintenance Window ") in order to meet established service levels. Please refer to the table provided in Appendix E — Maintenance Schedule for a description of those activities and scheduled timeframes. Those activities will render systems and /or applications unavailable for normal user interaction. • For those activities outlined in Appendix B — Maintenance Schedule the customer will be notified 5 days in advance of the scheduled maintenance; • Notification of service outages and /or emergency or critical maintenance will be made within 60 minutes of an occurrence, whenever possible. These notifications may come from either the Help Desk or some other part of Information Technology depending on the source of the problem. Amendments: SLA EXHIBIT B TO ONE -STOP PERMIT SYSTEM AGREEMENT 4 -26 -12 Pagellofl4 pg 50 SLA for Dakota County Cities Appendix A: Definitions Acknowledgement Time is the time the Help Desk responds to Customer acknowledging receipt and /or report of incident. Availability — the ability of a component of or an IT service to perform its required function at the required times. Category — a classification of a group of incidents that are similar in a defined way. Customer — the term used to refer to the department, or division using the services. Downtime — the period of time during which a Service or component is not available to customers. Escalation — the mechanism that assists in the timely resolution of an Incident. Impact — the measure of business criticality. Incident — any event which is not part of the standard operation of a service and which causes, or may cause, an interruption to, or a reduction in, the quality of that service. IT Infrastructure — all of the components required to deliver IT Services (e.g. hardware, software, telecom, networks, etc.). Known Error — the status give to a Problem once root cause is identified and a Workaround is developed (if appropriate) Problem — the unknown root cause of one or more existing or potential Incidents. Priority — the value given to an Incident /Problem to indicates its level of importance in the organization. Help Desk — the single point of contact for customers to report incidents /problems and submit service requests. Service Level Agreement (SLA) — a written and signed agreement between IT and internal Customers documenting the delivery and support of IT services. Service Request — a simple request from a Customer that does not involve a failure such as a software installation, enhancement request, etc. Time to Resolve is the total time from incident reported to resolution. Time to Respond is the time the Incident is opened to initial contact by a technician. Underpinning Contract — an agreement made between an external vendor /supplier and IT in support of an SLA. User — the term used to refer to the person who makes day -to -day use of the service. Workaround — a temporary fix to an Incident /Problem that allows the Customer to maintain a level of productivity. SLA EXHIBIT B TO ONE -STOP PERMIT SYSTEM AGREEMENT 4 -26 -12 Page 12of14 pg 51 SLA for Dakota County Cities Appendix B: Maintenance Schedule Maintenance Task Description Frequency Estimated Hours of Outage Windows Updates on Windows Servers Apply Microsoft Windows Security Patches, Hot - Fixes, and Hardware Driver Updates Monthly 10 hours — from approximately 6:30 p.m.- Midnight one Friday per month Avaya Call Pilot Maintenance Apply fixes As needed — average 4 -5 times per year 1 hour Call Pilot Server Outage New Windows Server Installation and Replacement Servers are generally replaced on a four year cycle, required hardware upgrades for increased capacity and performance Annually No Server outage Our Virtualized environment allows us to handle these upgrades. We are 100% virtualized. Window Server Hardware Upgrades Upgrade memory, hard drive space, etc. Annually 1 hour Server outage Systems deemed critical will be scheduled for after hours. As operating systems get better the ability to add disk space without interruption to the Servers is coming. Windows Operating System and Service Pack Upgrades Install new versions of the Operating System and /or Service Pack releases Annually 1 hour Server outage during normal business hours — systems deemed critical will be scheduled for after hours. Avaya CS1000 Maintenance Install fixes or upgrades to the telephony environment 3 -4 Times a Year 2 hour Phone Server outage during normal business hours — This is deemed critical will be scheduled for after hours. Network Switch Devices Installation of new switches Annually 2 hour Switch outages deemed critical and will be done after hours. Server Firmware Upgrades Install fixes to correct hardware and performance problems; and general release versions Annually No Server outage during normal business hours — systems deemed critical will be scheduled for after hours. We will do these upgrades using SLA EXHIBIT B TO ONE -STOP PERMIT SYSTEM AGREEMENT 4 -26 -12 Page 13 of 14 pg 52 SLA for Dakota County Cities SLA EXHIBIT B TO ONE -STOP PERMIT SYSTEM AGREEMENT 4 -26 -12 Page 14 of 14 Vmotion in VMware Remote Office Windows Servers Tape Backup Rotation Rotate Server backup tapes to Information Technology to be sent to Iron Mountain daily Daily — by designated remote office staff No outage Dakota Firewall Rule Base and Policy Updates Update Dakota Firewall rules and policies As needed 1 hour during off business hours Mainframe Software Fixes and Upgrades Upgrade Software to keep current Monthly 4 hours during off business hours SLA EXHIBIT B TO ONE -STOP PERMIT SYSTEM AGREEMENT 4 -26 -12 Page 14 of 14 2009 2010 2011 2012 ROW /Utility Registration Obstruction Special Events Excay. /Grade Oversize load Access (New Dr) Landscaping Permit# Avg. Monthly charge: Annual Charge: Start Up Fee: EXHIBIT C PERMIT SYSTEM FEE CALCULATIONS Apple Valley Burnsville Eagan Farmington Hastings Inver Grove Hts. Lakeville Rosemount 149 156 158 110 116 100 174 60 73 0 209 75 75 76 202 65 70 134 140 150 130 68 47 53 W W W W W W W W W W W W W W W W W W W W W W 154 109 195 67 73 105 140 $70.01 $56.69 $81.88 $44.44 $46.19 $55.63 $65.83 $41.33 $840.17 $680.33 $982.50 $533.33 $554.33 $667.50 $790.00 $496.00 $2000. $2000. $2000. $2000. $2000. $2000. $2000. $2000. summer 2012 West St. Paul pg 53 summer 2012 Mendota Ht's South St. Paul 50 50 Not 50 50 At 50 50 This Time 50 50 $39.58 $39.58 $475.00 $475.00 $2000. $2000. The County will charge $65.00 per hour for consulting services that are outside the scope of this Agreement. This hourly rate may be increased by the County every three years when the other fees of the agreement are reassessed. ONE -STOP PERMIT SYSTEM SERVICE AGREEMENT 4 -26 -12 Page 13 of 14 pg 54 EXHIBIT D IMPLEMENTATION SCHEDULE Permit Date Comment Utility Right of Way Permit In Place Training for Utility Right Of Way & Registration In Place Dakota County Northern Service Center for all City staff affected Registration Form In Place Available through web -page General Excavation Permit In Place Obstruction Permit In Place Special Event Permit In Place Oversized Load Permit In Place Access (New Driveway) Coming Soon Landscaping Coming Soon ONE -STOP PERMIT SYSTEM SERVICE AGREEMENT 4 -26 -12 Page 14 of 14 CITY OF MENDOTA HEIGHTS pg 55 1101 Victoria Curve 1 Mendota Heigh Fi 18 651.452.1850 phone 1 651.452.8 www.mendota- heights.com DATE: June 4, 2013 TO: Mayor, City Council and City Administrator FROM: Jake Sedlacek, Assistant to the City Administrator SUBJECT: Mendakota Park Playground Refurbishing BACKGROUND At the May 21, 2013 regular meeting of the city council, staff presented the attached report on refurbishing the Mendakota Park playground. City council asked for further detail on the paint, as well as a funding source for playground surfacing. The vendor provides a five year warranty on paint for the resurfacing. The posts and components are painted with a two part high solid polyurethane. This paint is electrostatically charged when applied. The decks are painted with a two part aliphatic urethane. Public Works Director John Mazzitello will be prepared to answer further questions city council may have about the paint. BUDGET IMPACT The 2013 City of Mendota Heights budget includes $70,000 as Special Parks Fund expenditure for improvements to Mendakota Park playground equipment. The cost for replacing the playground surfacing material could be drawn from Equipment Repairs/Maintenance line item in the 2013 budget. The Special Parks Fund currently has a balance of $221,000. RECOMMENDATION If the city council desires to implement the recommendation, pass a motion accepting the attached quotes for refurbishing the playground and replacing the playground surfacing materials at Mendakota Park. This action requires a simple majority vote. DATE: TO: FROM: SUBJECT: CITY OF MENDOTA HEIGHTS pg 56 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota- heights.com May 21, 2013 Mayor, City Council and City Administrator Jake Sedlacek, Assistant to the City Administrator Mendakota Park Playground Refurbishing BACKGROUND At the April 9, 2013 regular meeting of the parks and recreation commission, the commission passed a motion recommending that the city council accept a quote to refurbish the playground equipment at Mendakota Park. The commission also directed staff to obtain competitive quotes for replacing the playground surfacing material with engineered wood fiber. The cost to refurbish the playground, quoted at $70,400, is approximately half the cost of replacement. The attached proposal includes complete repainting of the playground and decks, with a number of new play elements. The proposal will repair damaged components and bring the structure up to date for current safety standards. The attached site plan shows existing structure to be refurbished and proposed new play elements. Play components for ages 3 -5 were replaced in 2010. There is only one regional representative for each playground company, in this case, Landscape Structures, Inc (LSI). While this limits the ability to procure competitive bids, our local LSI representative, Flagship Recreation is certified under the State of Minnesota Cooperative Pricing Venture (CPV). The CPV purchasing program is defined in State Statute and ensures that contracts are awarded through an open procurement process and pricing will be consistently fair and competitive (information from the State of Minnesota Materials Management Division website). Staff did obtain competitive quotes for replacement of the playground surfacing, which is currently pea gravel. The parks and recreation commission recommended replacement of the playground surfacing material. Minnesota /Wisconsin Playground provided the lowest quoted price for removal of the pea gravel and installation of engineered wood fiber, at a cost of $9,816.63. BUDGET IMPACT The 2013 City of Mendota Heights budget includes $70,000 as Special Parks Fund expenditure for improvements to Mendakota Park playground equipment. The cost for replacing the playground surfacing material is above the budgeted amount, and could be funded by the Special Parks Fund. The Special Parks Fund currently has a balance of $221,000. RECOMMENDATION If the city council desires to implement the recommendation, pass a motion accepting the attached quotes for refurbishing the playground and replacing the playground surfacing materials at Mendakota Park. This action requires a simple majority vote. REVERSE May 7, 2012 35893-2-6 57 Custom products are shown as conceptual only. Custom product manufacturing time for this project will be 4 weeks from the time of LSI order acceptance. Id landscape structures° Better playgrounds. Better world."' playlsi.com Proudly presented by: Grant Des Roches fIagshpr- rprrexfinn aikt landscape structurest CONTACT: Jake PHONE: FAX: SHIP TO: MENDAKOTA PARK BILL TO: CITY OF MENDOTA HEIGHTS 1101 VICTORIA CURVE MENDOTA HEIGHTS, MN 55118 We are pleased to submit this proposal to supply the following items: pg 58 QUOTE Please make PO's & contracts out to: Landscape Structures, Inc. 601 7th Streeet South Delano, MN 55328 Please remit payment to: Landscape Structures, Inc. PO Box 86 SDS 12 -0395 Minneapolis, MN 55486 -0395 Date: March 29, 2013 Project Name: MENDAKOTA PARK QTY ITEM NO. DESCRIPTION UNIT PRICE EXTENDED AMT 1 1 1 —r" PLAY LABOR PAINT DESIGN #35893 -2 -7 NEW LANDSCAPE STRUCTURES EQUIPMENT ASSEMBLE AND INSTALL PLAY EQUIPMENT PAINT EXISTING PLAY EQUIPMENT $31,500.00 $13,000.00 $25,500.00 $16,000.00 SURFACING WOOD FIBER SAFEWTY 3URFACINC SYSTEM D, AND INSTALLED FABRIC, DELIVERED SIGNATURE BELOW ACCEPTING THIS PROPOSAL WILL CONSTITUTE A PURCHASE ORDER ONLY UPON APPROVAL BY LANDCAPE STRUCTURES INC. CUSTOMER RECEIPT OF AN ORDER ACKNOWLEDGEMENT CONSTITUTES SUCH APPROVAL. Freight $400.00 Subtotal $8674 9 Sales Tax $0.00 TOTAL $86;400.00.4 ACCEPTED BY CUSTOMER GRANT DESROCHES Date PROPOSED BY: This proposal is presented by Terms - Net 30 days 1.5% finance charge on remaining balance. 5607 CEDAR LAKE ROAD SOUTH ST LOUIS PARK MN 55416 recreation 763 flagshi 763 5507860 763 5507864 RI"? lvitt4NESOTA*WISCONSIN Consultant: Dan Lanes City of Mendota Heights Attn: Jake Sedlacek 1101 Victoria Curve Mendota Heights, MN 55118 Phone: 651-452-1850 Fax: 651-452-8940 JakeS@Mendota-Heights.com Minnesota / Wisconsin Playground 5101 Highway 55, Suite 6000 Golden Valley, Minnesota 55422 Ph. 800 - 622 -5425 1 763 -546 -7787 Fax 763 - 546 -5050 1 info @mnwiplay.com Mendakota Park D6268L pg 59 QUOTE #7581 05/02/2013 Ship To Zip: 55118 Quantity Part # Description Unit .Price Amount 1 EWF -9C 6 GEO -MW 1 INSTALL Lump Sum - Engineered Wood Fiber @ 9" Compressed Depth - 204 Cubic Yards for 5482 Sq. Ft. Area. - Delivery Included. Rolls - Geo- Textile Filter Fabric for 5492 Sq. Ft. Area, Includes Overlap - Delivery included. Lump Sum - Remove 10" depth existing pea $4,024.00 rock, install 1 layer fabric and re- install (re- use) 3" depth pea rock, install 2nd layer fabric and 9" depth of EWF. - Remainder of removed pea rock to be stockpiled on site for removal by City. $4,100.00 $220.00 SubTotal: Tax: Total Amount: $4,100.00 $1,320.00 $4,024.00 $9,444.00 $372.63 $9,816.63 This quotation is subject to polices in the current Gametime Park and Playground catalog and the following terms and conditions. Our quotation is based on shipment of all items at one time to a single destination, unless noted, and changes are subject to price adjustment. Purchases in excess of $1,000.00 to be supported by your written purchase order made out to Gametime, c/o Minnesota /Wisconsin Playground. Pricing: f.o.b. factory, firm for 30 days from date of quotation. Sales tax, if applicable, will be added at time of invoice unless a tax exempt certificate is provided at time of order entry. Payment terms: net 30 days for tax supported governmental agencies. A 1.5% per month finance charge will be imposed on all past due accounts. Equipment shall be invoiced separately from other services and shall be payable in advance of those services and project completion. Retainage not accepted. Acceptance of quotation: Accepted By (printed): P.O. No: Signature: Date: Title: Phone: Facsimile: Purchase Amount: $9,816.63 Page 1 of 1 wtiIH DATE: May 3'1.m013 TO: Mayor, City Councit and City Administrator FROM: Paul R. Berg, Code Enforcement Officer SUBJECT: BuildinActivity Report May 2013 CURRENT MONTH-May 2013 YEAR TO DATE - May 2013 YEAR TO DATE - May 2012 Building No. Valuation Fee Collected Building No. Valuation Fee Collected Building No. varuation Fee Collected Permits $ - $ 10,900.00 0 Permits 100.00 Condo 0 Permits $ 8,926.00 Misc. 141 SFD 0 C8 41 SFD o$ 1.059.000.00 $ 11.17611 SFD 1 $ 704.000.00 $ 6.514.26 APT n $ - $ - APT 0 $ $ - APT 0 Townhouse 0 $ $ - Townhouse 0 $ - $ - Townhouse 0 Condo 0 $ - $ - Condo 0 $ - $ Condo 0 Misc. 68 $ 5e8.015.00 $ 11.655.04 Misc. 168 $ 2.106.300.00 $ 37,685.33 Misc. 185 $ 2.851.213o0 $ 34.53526 C/| 13 $ 6.838.285u0 $ 43.461.92 C/| 49 $ 10.369.035o0 $ 7*.71339 C0 67 $ 14.274.158.00 $ 98.763a2 Sub Total: 81 $ 7.43*.300.00 $ 55.116.e6 Sub Total: 220 $ 13.534.335.00 $ 123.574o3 Sub Total: 253 $ 17.829.372.00 $ 139.611.0* Current Month-May 2013 YEAR TO DATE -May 2013 YEAR TO DATE -May 2012 Trade Trade Trade Permits No. Valuation Fee Collected Permits No. Valuation Fee Collected � Permits Nu Valuation Fee Collected Plumbing 18 � $ 2,698.00 Water � Plumbing Water 79 � � 5,150.00 10.00 Plumbing Water 80 0 $ 4,691.00 Sewer 1 � 25.00 Sewer 2 � 50.00 Heat, AC & Gas 28 � $ 5,412.00 Heat, AC & Gas 115 � $ 13,680.00 Sewer 8 200.00 Heat, AC & Gas 98 $ 14,790.00 Sub Total: 47 * $ 8,135.00 Sub Total: 197 * $ 18,890.00 Sub Total: 186 $ $ 19,681.00 Current Month-May 2013 Licenses No. Valuation Fee Collected Contractor Licenses 27 $ - $ 1.350.00 YEAR TO DATE -May 2013 Year to Date-May 2U12 Licenses No. Valuation Fee Collected Licenses No. Valuation Fee Collected Contractor Licenses 260 $ - $ 13,000.00 Contractor Licenses 218 $ - $ 10,900.00 TOTAL 155 $ 7/436.30000 $ 64601.96 TOTAL 677 $ 13'534,335.00 $ 155/464'88 NOTE: All fee amounts exclude SAC, WAC, and State Surcharge. Amounts shown will reflect only permit, plan check fee, and valuation amounts. TOTAL 6571 $ 17,829,372.00 $ 170,192.04 pg 60 5j Year to Date-May 2B# Building No. Valuation Fee Collected Permits No. Valuation Fee Collected SFD 57 $ 4.126.00 APT 0 Townhouse 0 100.00 Condo 0 $ 8,926.00 Misc. 141 $ 1.413.003.00 $ 26.21327 C8 41 $ 3.680.428.00 $ 31.292.90 Sub Total: 18e $ e.093.431.00 $ e7.506.17 YEAR TO DATE -May 2Q11 Trade No. Valuation Fee Collected Permits No. Valuation Fee Collected Plumbing 57 $ 4.126.00 Water Sewer 4 100.00 Heat, AC & Gas 88 $ 8,926.00 Sub Total: 149 $ - $ 13.152.00 YEAR TO DATE-May 2OY1 Licenses No. Valuation Fee Collected Contractor Licenses 213 $ 10.e50.00 TOTAL 544 $ 5,093/431.00 pg 61 L9k._ 2013 Licensing List for City Council Type Contractor Name Excavating Gas Piping General HVAC Natural Landscape Minnesota, Inc Janecky Plumbing Service. Inc K B Mechanical, Inc S Murr Plumbing Servey Plumbing, Inc Classic Fence Company, LLC M Scott Company, LLC Ultra Concrete, LLC Janecky Plumbing Service, Inc K 13 Mechanical, Inc Kramer Mechanical Perfection Heating & Air Wednesday, May 29, 2013 Page 1 of 1 1101 Victoria Curve I Mendota Heights, 651,452.1850 phone 1 651.452.894 www mendota-heights.com pg 62 DATE: TO: FROM: SUBJECT: CITY OF MENDOTA HEIGHTS BACKGROUND June 4, 2013 Mayor, City Council and City Administrator Kristen Schabacker, Finance Director \upivt Claims List Summary Significant Claims American Pavement Solutions — 2013 Street Crack Sealing Inver Grove Ford — Engineering Vehicle KDV — Partial Audit Billing Lightning Disposal — Spring Clean Up Pipe Services — Sewer Cleaning Service Rupp, Anderson, Squires & Wold — Legal Services Xcel Energy — Utilities Manual Checks Total System Checks Total Total for the list of claims for the June 4, 2013 city council meeting RECOMMENDATION: Approval of the list of claims for June 4, 2013. $ 41,863.23 $ 26,529.50 $ 27,000.00 $ 2,808.82 $ 5,565.00 $ 6,154.87 $ 12,080.32 $ 84,336.78 $ 143,270.26 $ 227,607.04 CITY OF MENDOTA HEIGHTS Claims List MANUAL CHECKS 5 /30 /13MAN Account Comments DEPT Descr Amount eg'301'13 11:03 AM Page 1 Search Name AFFINITY PLUS G 01 -2073 05/24/2013 PAYROLL Search Name AFFINITY PLUS Search Name I C M A RETIREMENT 457 G 01 -2072 05/24/2013 PAYROLL G 01 -2073 05/24/2013 PAYROLL Search Name I C M A RETIREMENT 457 Search Name INVER GROVE FORD E 05- 4620 - 105 -15 ENG. DEPT. TRUCK Search Name INVER GROVE FORD Search Name NATIONWIDE RETIREMENT SOLUTION G 01 -2072 05/24/2013 PAYROLL Search Name NATIONWIDE RETIREMENT SOLUTION Search Name SPRINT E 45- 4210 - 045 -45 E 01- 4210 - 110 -10 E 01- 4210 - 030 -30 E 01- 4210 - 020 -20 E 01- 4223 - 020 -20 E 01- 4210 - 050 -50 E 15- 4210- 060 -60 E 05- 4210 - 105 -15 Search Name SPRINT $1,040.00 $1,040.00 $469.92 $192.00 $661.92 Engineering Enterprise $26,529.50 $26,529.50 APRIL 2013 CELL SERVICE Golf Course APRIL 2013 CELL SERVICE Administration APRIL 2013 CELL SERVICE Fire APRIL 2013 CELL SERVICE Police APRIL 2013 CELL SERVICE Police APRIL 2013 CELL SERVICE Road & Bridges APRIL 2013 CELL SERVICE Utility Enterprise APRIL 2013 CELL SERVICE Engineering Enterprise Search Name SW /WC SERVICE COOPERATIVES E 01- 4131 - 020 -20 E 01- 4131- 040 -40 E 01- 4131 - 050 -50 E 01- 4131 - 070 -70 E 05- 4131 - 105 -15 G 01 -2071 G 01 -2074 E 01- 4131 - 110 -10 JUNE 2013 HEALTH PREMIUM JUNE 2013 HEALTH PREMIUM JUNE 2013 HEALTH PREMIUM JUNE 2013 HEALTH PREMIUM JUNE 2013 HEALTH PREMIUM JUNE 2013 HEALTH PREMIUM JUNE 2013 HEALTH PREMIUM JUNE 2013 HEALTH PREMIUM Search Name SW /WC SERVICE COOPERATIVES Search Name UNITED WAY OF ST. PAUL G 01 -2070 05/24/2013 PAYROLL Search Name UNITED WAY OF ST. PAUL Search Name US POSTAL SERVICE G 01 -1210 Search Name US POSTAL SERVICE Search Name XCEL ENERGY E 15- 4212 - 310 -60 E 45- 4212 - 046 -45 E 45- 4211- 047 -45 E 01- 4211 - 320 -70 E 08 -4212- 000 -00 E 01- 4212- 310 -70 REPLENISH POSTAGE METER APR 2013 GAS UTILITIES APRIL 2013 UTILITIES APRIL 2013 UTILITIES APRIL 2013 UTILITIES APR 2013 GAS UTILITIES APR 2013 GAS UTILITIES $650.00 $650.00 $218.72 $159.41 $56.31 $954.72 $319.92 $377.10 $56.61 $128.25 $2,271.04 Police $17,086.00 Code Enforcement/Inspections $1,452.00 Road & Bridges $4,574.00 Parks & Recreation $1,364.50 Engineering Enterprise $4,268.50 $6,062.00 $1,561.00 Administration $3,488.00 $39,856.00 $48.00 $48.00 $1,200.00 $1,200.00 Utility Enterprise $539.32 Golf Course $81.49 Golf Course $97.66 Parks & Recreation $11.22 Spec Fds $925.59 Parks & Recreation $539.32 CITY OF MENDOTA HEIGHTS Claims List MANUAL CHECKS Account Comments DEPT Desc Amount E 01-4212-320-70 APRIL 2013UTILITIES Parks & Recreation *11l0 E 45-4211-046-45 APRIL 2013 UTILITIES Golf Course $24.35 E 01-4212-315-30 APR 2013 GAS UTIL1TIES Fire $016.64 E 01-4211-320-70 APR 2013 EL. UTILITIES Parks & Recreation $537.73 E 01-4212-310-50 APR 2013 GAS UTILITIES Road & Bridges $53932 E 28-4211-000-00 APR 2013 EL. UTILITIES Spec Fds $1,174.77 E 15-4212-400-60 APR 2013 GAS UTILDIES Utility Enterprise $112.80 E 15-4211-100-60 APR 2013 EL. UTILITIES Utility Enterprise $1,134.59 E 15-4I11-310'60 APR 2013 EL. UTILITIES Utility Enterprise $410.81 E 08-4211-000-00 APR 2013 EL. UTILITIES Spec Fds $1,748.70 E 01-4211-420-50 APR 2O1] EL. UTILITIES Road & Bridges *211.65 E 01-4211-300-50 APR 2013 EL. UTILITIES Road & Bridges $1,680.08 E 01-4211-310-50 APR 2013 EL. UTILITIES Road & Bridges ¢410.80 E 01-4211-310-70 APR 2013 EL. UTILITIES Parks & Recreation $110.80 E 01-4211-315-30 APR 2013 EL. UTILITIES Fire $767.04 E 01-4212-320-70 APR 2013 GAS UTILITIES Parks & Recreation $58.64 Search Name XCEL ENERGY $12,080.32 86Imon3 11:03mm Page 2 $84,336.78 CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 06104113PAY Account Comments DEPT Descr Amount 8g3g 3 10:55 AM Page 1 Search Name A L E TRAINING E 45- 4220 - 045 -45 COMPLIANCE TRAINING - PAR3 Golf Course $275.00 Search Name A L E TRAINING $275.00 Search Name AMERICAN FLEET SUPPLY E 01- 4330 - 440 -20 EQUIPMENT REPAIR PARTS - PD Police $97.53 E 01- 4330 - 440 -20 EQUIPMENT REPAIR PARTS - PD Police $26.80 Search Name AMERICAN FLEET SUPPLY $124.33 Search Name AMERICAN PAVEMENT SOLUTIONS E 01 -4423- 050 -50 2013 STREETS CRACK - SEALING Road & Bridges $41,863.23 Search Name AMERICAN PAVEMENT SOLUTIONS $41,863.23 Search Name B S N SPORTS E 01- 4330 - 215 -70 PARKS SUPPLIES Parks & Recreation $191.72 Search Name B S N SPORTS $191.72 Search Name BERTELSON TOTAL OFFICE SOLUTNS E 01- 4300 - 110 -10 OFFICE SUPPLIES - ADMIN Administration $123.89 E 01- 4300 - 110 -10 OFFICE SUPPLIES - ADMIN Administration $16.46 Search Name BERTELSON TOTAL OFFICE SOLUTNS $140.35 Search Name BLUE TARP FINANCIAL E 01- 4305 - 070 -70 OPERATING SUPPLIES - PARKS Parks & Recreation $224.43 Search Name BLUE TARP FINANCIAL $224.43 Search Name BYWORDS PRINTING G 01 -2035 DISCOUNT CARDS - PAR3 - USE TAX -$5.84 E 45- 4305 - 045 -45 DISCOUNT CARDS - PAR3 Golf Course $90.84 Search Name BYWORDS PRINTING $85.00 Search Name C. DARLENE OEHLKE, CAP E 01- 4220 - 110 -10 05/21/2013 CITY COUNCIL MTG. Administration $149.00 Search Name C. DARLENE OEHLKE, CAP $149.00 Search Name CEMSTONE PRODUCTS CO E 01 -4305- 050-50 OPERATING SUPPLIES - SHOP Road & Bridges $465.98 E 01- 4305 - 070 -70 OPERATING SUPPLIES - SHOP Parks & Recreation $465.98 E 15- 4305 - 060 -60 OPERATING SUPPLIES - SEWER Utility Enterprise $95.46 E 15- 4305 - 060 -60 OPERATING SUPPLIES - SHOP Utility Enterprise $465.97 Search Name CEMSTONE PRODUCTS CO $1,493.39 Search Name CENTRAL IRRIGATION SUPPLY E 01- 4330 - 215 -70 IRRIG. REPAIR PARTS & TOOLS Parks & Recreation $54.34 Search Name CENTRAL IRRIGATION SUPPLY $54.34 Search Name CENTURY LINK E 45- 4210- 045 -45 MAY -JUNE 2013 SERVICE Golf Course $52.91 Search Name CENTURY LINK $52.91 Search Name COCA -COLA REFRESHMENTS E 45- 4310 - 210 -45 BEVERAGES - PAR3 Golf Course - $224.09 E 45- 4310 - 210 -45 BEVERAGES - PAR3 Golf Course $248.63 Search Name COCA -COLA REFRESHMENTS $24.54 Account Comments CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 06 /04 /13PAY DEPT Descr Amount em3S913 10:55 AM Page 2 Search Name CREATIVE PRODUCT SOURCING, INC E 01- 4305 - 220 -20 DARE SUPPLIES G 01 -2035 DARE SUPPLIES Search Name CREATIVE PRODUCT SOURCING, INC Search Name CROSS NURSERIES INC E 01- 4330 - 215 -70 TREES - PARKS Search Name CROSS NURSERIES INC Search Name DAKOTA COMMUNICATIONS CENTER E 01- 4275 - 020 -20 JUNE 2013 DCC FEE E 01- 4275 - 030 -30 JUNE 2013 DCC FEE Search Name DAKOTA COMMUNICATIONS CENTER Search Name DAKOTA COUNTY RECORDER E 01- 4330 - 640 -12 2013 ELECTION EQUIP. MAINTENANCE Search Name DAKOTA COUNTY RECORDER Search Name DELTA DENTAL E 01- 4131 - 110 -10 E 01- 4131 - 020 -20 E 01- 4131 - 050 -50 E 01- 4131 - 070 -70 E 05- 4131 - 105 -15 E 08- 4131 - 000 -00 E 15- 4131 - 060 -60 G 01 -2071 G 01 -2074 Search Name DELTA DENTAL JUNE 2013 DENTAL PREMIUM JUNE 2013 DENTAL PREMIUM JUNE 2013 DENTAL PREMIUM JUNE 2013 DENTAL PREMIUM JUNE 2013 DENTAL PREMIUM JUNE 2013 DENTAL PREMIUM JUNE 2013 DENTAL PREMIUM JUNE 2013 DENTAL PREMIUM JUNE 2013 DENTAL PREMIUM Search Name ELECTRO WATCHMAN E 15- 4210 - 060 -60 QUARTERLY MONITORING - LIFT STATIONS G 45 -1215 2014 ANNUAL SERVICE - PAR3 E 45- 4335 - 045 -45 2013 ANNUAL SERVICE - PAR3 E 08- 4335 - 000 -00 QUARTERLY MONITORING - CITY HALL Search Name ELECTRO WATCHMAN Search Name ELROY S ELECTRIC SERVICE E 08- 4335 - 000 -00 EQUIPMENT REPAIR - CITY HALL Search Name ELROY S ELECTRIC SERVICE Search Name EVEREST EMERGENCY VEHICLES INC E 01- 4330-440 -20 EQUIPMENT REPAIR PARTS - PD Search Name EVEREST EMERGENCY VEHICLES INC Search Name FISCHER S SERVICE - PLOWING E 01- 4335 - 315 -30 APRIL 2013 PLOWING - FIRE HALL E 01- 4268 - 500 -30 APRIL 2013 PLOWING - DRIVEWAYS Search Name FISCHER S SERVICE - PLOWING Search Name FLEET SERVICES E 01- 4200 - 610 -20 APRIL 2013 SQUAD LEASES Search Name FLEET SERVICES Search Name GERTENS GREENHOUSE Police Parks & Recreation Police Fire Elections Administration Police Road & Bridges Parks & Recreation Engineering Enterprise Spec Fds Utility Enterprise Utility Enterprise Golf Course Spec Fds Spec Fds Police Fire Fire Police $779.97 - $40.12 $739.85 $637.50 $637.50 $15,174.35 $798.65 $15,973.00 $1,625.00 $1,625.00 $252.00 $650.25 $333.00 $186.75 $81.00 $40.50 $211.50 $1,415.25 $162.00 $3,332.25 $529.00 $347.35 $486.30 $272.54 $1,635.19 $38.00 $38.00 $202.91 $202.91 $325.00 $729.00 $1,054.00 $4,154.40 $4,154.40 CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 06 /04 /13PAY Account Comments E 01- 4305 - 050 -50 OPERATING SUPPLIES - STREETS E 01- 4330 - 215 -70 OPERATING SUPPLIES - PARKS Search Name GERTENS GREENHOUSE Search Name HAIKU JAPANESE BISTRO, INC. R 01 -3142 REFUND - INV. FEE Search Name HAIKU JAPANESE BISTRO, INC. Search Name HEALTHEAST TRANSPORTATION E 01- 4305 - 020 -20 BLOOD ALCOHOL DRAW E 01- 4305 - 020 -20 BLOOD ALCOHOL DRAW Search Name HEALTHEAST TRANSPORTATION Search Name INTEGRA TELECOM E 01- 4210- 110 -10 E 01- 4210- 020 -20 E 01- 4210 - 040 -40 E 05- 4210- 105 -15 E 01- 4210- 020 -20 E 01- 4210- 050 -50 E 01- 4210 - 070 -70 E 15- 4210 - 060 -60 Search Name INTEGRA TELECOM MAY -JUNE 2013 TELEPHONE SERVICE MAY -JUNE 2013 TELEPHONE SERVICE MAY -JUNE 2013 TELEPHONE SERVICE MAY -JUNE 2013 TELEPHONE SERVICE MAY -JUNE 2013 TELEPHONE SERVICE MAY -JUNE 2013 TELEPHONE SERVICE MAY -JUNE 2013 TELEPHONE SERVICE MAY -JUNE 2013 TELEPHONE SERVICE Search Name INTERSTATE BATTERY SYSTEM E 01- 4330 - 490 -50 BATTERIES - STREETS Search Name INTERSTATE BATTERY SYSTEM Search Name JJ TAYLOR DIST OF MINN E 45- 4310- 205 -45 BEVERAGES - PAR3 Search Name JJ TAYLOR DIST OF MINN Search Name JRK SEED & TURF SUPPLY E 01- 4336 - 050 -50 GRASS MIX - REPAIRS Search Name JRK SEED & TURF SUPPLY Search Name JRS ADVANCED RECYCLERS E 01- 4280 - 310 -50 APPLIANCE RECYCLING - PW Search Name JRS ADVANCED RECYCLERS Search Name K D V E 01- 4220 - 130 -10 E 03- 4220 - 130 -00 E 05- 4220 - 130 -15 E 10- 4220 - 130 -00 E 15- 4220- 130 -60 E 21- 4220 - 130 -00 E 29- 4220 - 130 -00 E 45- 4220 - 130 -45 Search Name K D V 2012 AUDIT - INTERIM BILLING 2012 AUDIT - INTERIM BILLING 2012 AUDIT - INTERIM BILLING 2012 AUDIT - INTERIM BILLING 2012 AUDIT - INTERIM BILLING 2012 AUDIT - INTERIM BILLING 2012 AUDIT - INTERIM BILLING 2012 AUDIT - INTERIM BILLING Search Name KOEGEL, JOHN AND TANIA R 01 -3305 REFUND - OVERPAYMENT Search Name KOEGEL, JOHN AND TANIA DEPT Descr Road & Bridges Parks & Recreation Police Police Administration Police Code Enforcement/Insp Engineering Enterprise Police Road & Bridges Parks & Recreation Utility Enterprise Road & Bridges Golf Course Road & Bridges Road & Bridges 1W/o�13 10:55 AM Page 3 Amount $203.08 $191.15 $394.23 $1,000.00 $1,000.00 $85.00 $85.00 $170.00 $384.58 $307.66 $76.92 $192.29 $149.89 $48.84 $48.84 $281.23 $1,490.25 $130.28 $130.28 $95.80 $95.80 $358.03 $358.03 $35.00 $35.00 Administration $15,658.31 Spec Fds $2,162.54 Engineering Enterprise $2,560.34 Spec Fds $943.73 Utility Enterprise $2,162.54 Spec Fds $677.12 Spec Fds $812.54 Golf Course $2,022.88 $27,000.00 $40.00 $40.00 Account Search Name LE LS G 01 -2075 Search Name L E L S Comments CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 06/04/13PAY DEPT Descr Amount Mg 3 10:55 AM Page 4 JUNE 2013 UNION DUES Search Name LIGHTNING DISPOSAL, INC. E 01- 4220 - 085 -85 SPRING CLEAN -UP DISPOSAL Search Name LIGHTNING DISPOSAL, INC. Search Name LIVING SCULPTURE TREE & SHRUB E 01- 4330 - 215 -70 TREE CONSULTING Search Name LIVING SCULPTURE TREE & SHRUB Search Name LOGIS E 01- 4223 - 020 -20 E 01- 4301 - 030 -30 Search Name LOGIS APPLICATION SUPPORT - PD APPLICATION SUPPORT - FIRE DEPT Search Name LOWES BUSINESS ACCOUNT E 01- 4336 - 050 -50 MAIL BOX REPAIRS - PLOW DAMAGE E 01- 4305 - 050 -50 OPERATING SUPPLIES - STREETS Search Name LOWES BUSINESS ACCOUNT Search Name M T I DISTRIBUTING COMPANY E 45- 4330 - 490 -45 E 01- 4330 - 490 -70 EQUIPMENT REPAIR PARTS - PAR3 EQUIPMENT REPAIR PARTS - PARKS Search Name M T I DISTRIBUTING COMPANY Search Name MAZZITELLO, JOHN E 05- 4415 - 105 -15 MAY 2013 MILEAGE REIMBURSEMENT Search Name MAZZITELLO, JOHN Search Name MENARDS E 01- 4336 - 050 -50 E 01- 4336 - 050 -50 E 01- 4336 - 050 -50 E 15- 4305 - 060 -60 E 15- 4330 - 490 -60 Search Name MENARDS SNOW REMOVAL DAMAGE REPAIRS SNOW REMOVAL DAMAGE REPAIRS SNOW REMOVAL DAMAGE REPAIRS OPERATING SUPPLIES - SEWER EQUIPMENT REPAIR PARTS - SEWER Search Name METRO AREA MGMT ASSOCIATION E 01 -4400- 110 -10 SEMINAR - J. MILLER Search Name METRO AREA MGMT ASSOCIATION Search Name METRO FIRE E 01- 4305-155 -30 E 01- 4330 - 460 -30 Search Name METRO FIRE Search Name METRO SALES E 01- 4300 - 020 -20 E 01- 4330 - 490 -10 E 01- 4330 - 445 -40 E 01 -4330- 490 -70 E 01- 4300 - 080 -80 E 05- 4330 - 490 -15 PROTECTIVE GEAR - FIRE DEPT EQUIPMENT REPAIR - FIRE DEPT OFFICE SUPPLIES - PD QUARTERLY COPIER MAINTENANCE QUARTERLY COPIER MAINTENANCE QUARTERLY COPIER MAINTENANCE QUARTERLY COPIER MAINTENANCE QUARTERLY COPIER MAINTENANCE Recycling Parks & Recreation Police Fire Road & Bridges Road & Bridges Golf Course Parks & Recreation Engineering Enterprise Road & Bridges Road & Bridges Road & Bridges Utility Enterprise Utility Enterprise Administration Fire Fire Police Administration Code Enforcement/Insp Parks & Recreation Planning Engineering Enterprise $585.00 $585.00 $2,808.82 $2,808.82 $55.00 $55.00 $2,169.00 $54.00 $2,223.00 $196.62 $33.42 $230.04 $225.23 $326.27 $551.50 $59.33 $59.33 $129.31 $96.06 $317.73 $4.01 $11.39 $558.50 $20.00 $20.00 $136.00 $46.03 $182.03 - $215.82 $575.01 $51.49 $85.82 $42.91 $47.20 CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 06 /04 /13PAY 139301'1 3 10:55 AM Page 5 Account Comments DEPT Descr Amount E 45- 4305 - 045 -45 QUARTERLY COPIER MAINTENANCE Golf Course $4.29 E 15- 4330 - 490 -60 QUARTERLY COPIER MAINTENANCE Utility Enterprise $51.49 E 01- 4330 - 440 -20 QUARTERLY COPIER MAINTENANCE - PD Police $262.06 Search Name METRO SALES $904.45 Search Name MID NORTHERN SERVICES E 01- 4330 - 215 -70 LIGHTING REPAIRS - PARKS Search Name MID NORTHERN SERVICES Search Name MN CITY /COUNTY MANAGEMENT ASSN E 01- 4404 - 110 -10 MEMBERSHIP - J. MILLER Search Name MN CITY /COUNTY MANAGEMENT ASSN Parks & Recreation Administration $673.11 $673.11 $129.00 $129.00 Search Name MN ST ADMIN ITG TELECOM SRVCE E 01- 4210- 030 -30 FEB 2013 SERVICE Fire $86.09 E 01- 4210- 030 -30 MAR 2013 SERVICE Fire $85.62 E 01- 4210- 030 -30 APR 2013 SERVICE Fire $85.74 Search Name MN ST ADMIN ITG TELECOM SRVCE $257.45 Search Name MNPEA G 01 -2075 JUNE 2013 UNION DUES $117.00 Search Name MNPEA $117.00 Search Name MPELRA E 01 -4400- 110 -10 CONF. REGISTRATION - T. SCHUTTA Administration $235.00 Search Name MPELRA $235.00 Search Name MUNICIPAL EMERGENCY SERVICES E 01- 4305 - 156 -30 OPERATING SUPPLIES - FIRE DEPT Fire $27.02 Search Name MUNICIPAL EMERGENCY SERVICES $27.02 Search Name NAPA E 01- 4330 - 490 -50 EQUIPMENT REPAIR PARTS Road & Bridges $14.92 Search Name NAPA $14.92 Search Name OREILLY AUTO /FIRST CALL E 01- 4305 - 050 -50 OPERATING SUPPLIES - STREETS Road & Bridges $42.19 E 01- 4330 - 440 -20 EQUIPMENT REPAIR PARTS - PD Police $173.16 E 01- 4330-490 -50 EQUIPMENT REPAIR PARTS - STREETS Road & Bridges $13.32 E 01- 4305 - 050 -50 OPERATING SUPPLIES - STREETS Road & Bridges $73.74 E 01- 4330 - 490 -50 EQUIPMENT REPAIR PARTS - STREETS Road & Bridges $6.39 Search Name OREILLY AUTO /FIRST CALL $308.80 Search Name PATRIOT DIAMOND INC E 01- 4305 - 070 -70 OPEARATING SUPPLIES Parks & Recreation $339.86 G 01 -2035 OPEARATING SUPPLIES - USE TAX - $21.86 Search Name PATRIOT DIAMOND INC $318.00 Search Name PENTEL, REBECCA E 01- 4130 - 021 -20 TEMP HELP - PD Police $130.00 Search Name PENTEL, REBECCA $130.00 Search Name PIPE SERVICES E 15- 4330 - 490 -60 SUMPS CLEANING - LIFT STATIONS Utility Enterprise $1,995.00 E 29- 4337 - 000 -00 SUMPS CLEANING - STORM SEWER Spec Fds $2,520.00 Account E 01- 4335 - 315 -30 E 15- 4335 - 310 -60 E 01- 4335 - 310 -70 E 01- 4335 - 310 -50 G 01 -1145 Search Name PIPE SERVICES CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 06/04/13PAY Comments SUMPS CLEANING - FIRE HALL SUMPS CLEANING - SHOP SUMPS CLEANING - SHOP SUMPS CLEANING - SHOP SEWER CLEANING - LLOYD'S Search Name PRAIRIE RESTORATIONS, INC. E 01- 4330 - 215-70 CONTROLLED BURN - - ROGERS LAKE E 01- 4330 - 215 -70 CONTROLLED BURN - IVY HILLS Search Name PRAIRIE RESTORATIONS, INC. Search Name RADCO E 01- 4620 - 050 -50 NEW PW TRUCK EQUIPMENT Search Name RADCO Search Name RIGID HITCH INCORPORATED E 01- 4620 - 050 -50 NEW PW TRUCK EQUIPMENT Search Name RIGID HITCH INCORPORATED Search Name RUPP, ANDERSON, SQUIRES & WALD E 01 -4481- 110 -10 MAR -APR 2013 LEGAL SERVICES Search Name RUPP, ANDERSON, SQUIRES & WALD Search Name SEDLACEK, JAKE E 45- 4330 - 490 -45 E 45- 4335 - 046 -45 E 01- 4220 - 085 -85 E 45 -4415- 045 -45 E 01- 4415 - 085 -85 E 01 -4415- 080 -80 Search Name SEDLACEK, JAKE Search Name SELECT ACCOUNT E 01- 4220 - 020 -20 E 01- 4220 - 040 -40 E 01- 4220 - 050 -50 E 01- 4220 - 070 -70 E 05- 4220 - 105 -15 E 15- 4220 - 060 -60 E 01- 4220 - 110 -10 Search Name SELECT ACCOUNT EQUIP REPAIR TOOLS BLDG MAINT. SUPPLIES- PAR3 CLEAN -UP DAY SUPPLIES MILEAGE REIMBURSEMENT MILEAGE REIMBURSEMENT MILEAGE REIMBURSEMENT JUNE 2013 H S A PARTICIPANT FEE JUNE 2013 H S A PARTICIPANT FEE JUNE 2013 H S A PARTICIPANT FEE JUNE 2013 H S A PARTICIPANT FEE JUNE 2013 H S A PARTICIPANT FEE JUNE 2013 H S A PARTICIPANT FEE JUNE 2013 H S A PARTICIPANT FEE Search Name SEVEN CORNERS ACE HDWE E 01- 4335 - 310 -70 E 15- 4335 - 310 -60 E 01- 4335 - 310 -70 E 01- 4335 - 310 -50 BLDG MAINT. SUPPLIES BLDG MAINT. SUPPLIES BLDG MAINT. SUPPLIES BLDG MAINT. SUPPLIES E 15- 4330 - 490 -60 EQUIP. REPAIR PARTS E 01- 4335-310 -50 BLDG MAINT. SUPPLIES E 01- 4305 - 050 -50 OPERATING SUPPLIES - STREETS Search Name SEVEN CORNERS ACE HDWE Search Name SOUTH ST. PAUL UMPIRES ASSN E 01 -4435- 200 -70 APR -MAY 2013 UMPIRE SERVICES DEPT Descr Fire Utility Enterprise Parks & Recreation Road & Bridges Parks & Recreation Parks & Recreation Road & Bridges Road & Bridges Administration Golf Course Golf Course Recycling Golf Course Recycling Planning Police Code Enforcement/Insp Road & Bridges Parks & Recreation Engineering Enterprise Utility Enterprise Administration Parks & Recreation Utility Enterprise Parks & Recreation Road & Bridges Utility Enterprise Road & Bridges Road & Bridges Parks & Recreation 19ga913 10:55 AM Page 6 Amount $105.00 $35.00 $35.00 $35.00 $840.00 $5,565.00 $275.00 $675.00 $950.00 $464.91 $464.91 $111.08 $111.08 $6,154.87 $6,154.87 $43.66 $23.77 $94.37 $14.23 $14.13 $5.65 $195.81 $13.15 $1.83 $1.00 $1.00 $2.83 $1.83 $8.49 $30.13 $4.54 $4.54 $3.89 $3.89 $20.33 $4.55 $298.02 $339.76 $2,016.00 Account Comments CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 06/04/13PAY DEPT Descr Amount /1013 10:55 AM Page 7 Search Name SOUTH ST. PAUL UMPIRES ASSN Search Name SPRWS E 01 -4425- 315 -30 Search Name SPRWS Search Name SUMMIT FIRE E 08- 4335 - 000 -00 E 45- 4335 - 045 -45 E 01- 4335 - 310 -50 E 01- 4335 - 310 -70 E 15- 4335 - 310 -60 Search Name SUMMIT FIRE Search Name SUN LIFE E 01- 4131- 050 -50 G 01 -2071 E 15- 4131 - 060 -60 E 08- 4131 - 000 -00 E 01 -4131- 030 -30 E 01- 4131- 020 -20 E 01- 4131 - 110 -10 E 05- 4131- 105 -15 Search Name SUN LIFE Search Name T MOBILE APR 2013 SERVICE - FIRE HALL PROTECTION ANNUAL FIRE SPRINKLER INSP. - CITY HALL ANNUAL FIRE SPRINKLER INSP. - PAR3 ANNUAL FIRE SPRINKLER INSP. - PW ANNUAL FIRE SPRINKLER INSP. - PW ANNUAL FIRE SPRINKLER INSP. - PW PROTECTION JUNE 2013 TERM LIFE & ST DIS. PREMIUM JUNE 2013 TERM LIFE & ST DIS. PREMIUM JUNE 2013 TERM LIFE & ST DIS. PREMIUM JUNE 2013 TERM LIFE & ST DIS. PREMIUM JUNE 2013 TERM LIFE & ST DIS. PREMIUM JUNE 2013 TERM LIFE & ST DIS. PREMIUM JUNE 2013 TERM LIFE & ST DIS. PREMIUM JUNE 2013 TERM LIFE & ST DIS. PREMIUM E 01- 4210- 070 -70 APR 2013 CELL SERVICE Search Name T MOBILE Search Name TOWMASTER E 01- 4330 - 490 -50 EQUIPMENT REPAIR PARTS Search Name TOWMASTER Search Name TRI STATE BOBCAT E 01- 4330 - 490 -50 EQUIPMENT REPAIR PARTS E 01- 4330 - 490 -50 EQUIPMENT REPAIR PARTS E 01- 4330 - 490 -50 EQUIPMENT REPAIR PARTS Search Name TRI STATE BOBCAT Search Name TRIANGLE RUBBISH & RECYCLING E 01- 4280 - 315 -30 APRIL 2013 SERVICE Search Name TRIANGLE RUBBISH & RECYCLING Search Name TURNING TECHNOLOGIES, LLC E 01 -4400- 030 -30 TRAINING EQUIPMENT - FIRE DEPT Search Name TURNING TECHNOLOGIES, LLC Search Name TWIN CITY TELEPHONE E 15 -4335- 310 -60 VOICEMAIL REPAIRS - PW E 01- 4335 - 310 -70 VOICEMAIL REPAIRS - PW E 01- 4335 - 310 -50 VOICEMAIL REPAIRS - PW Search Name TWIN CITY TELEPHONE Search Name U. S. BANK E 01- 4301 - 020 -20 COMPUTER EQUIPMENT - PD Fire Spec Fds. Golf Course Road & Bridges Parks & Recreation Utility Enterprise Road & Bridges Utility Enterprise Spec Fds Fire Police Administration Engineering Enterprise Parks & Recreation Road & Bridges Road & Bridges Road & Bridges Road & Bridges Fire Fire Utility Enterprise Parks & Recreation Road & Bridges $2,016.00 $60.85 $60.85 $360.00 $305.00 $65.00 $65.00 $65.00 $860.00 $216.70 $1,393.83 $74.94 $80.35 $181.95 $490.34 $300.52 $105.29 $2,843.92 $187.95 $187.95 $80.38 $80.38 $1,629.84 $8.14 $62.14 $1,700.12 $53.10 $53.10 $2,267.89 $2,267.89 $45.86 $45.86 $45.87 $137.59 Police $190.15 CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 06/04/13PAY R M/10713 10:55 AM Page 8 Account Comments DEPT Descr Amount E 01 -4400- 030 -30 CONF. LODGING - FIRE DEPT Fire $874.12 E 01 -4400- 109 -09 SEMINAR REGISTRATION - S. NORTON City Council $270.00 E 01- 4220 - 085 -85 SUPPLIES - SPRING CLEAN -UP Recycling $104.18 E 01 -4490- 109 -09 SUPPLIES - COUNCIL WORKSHOP City Council $45.74 E 01- 4331 - 020 -20 EQUIPMENT - PD Police $125.00 Search Name U. S. BANK $1,609.19 Search Name UNIFORMS UNLIMITED E 01 -4410- 020 -20 EQUIPMENT - P. FLEMING Police $40.38 E 01 -4410- 020 -20 UNIFORM - P. FLEMING Police $53.99 E 01 -4410- 020 -20 UNIFORM - S. MEYER Police $44.99 E 01 -4410- 020 -20 EQUIPMENT - S. MEYER Police $40.38 E 01 -4410- 020 -20 UNIFORMS & EQUIPMENT - T. ROSSE Police $197.17 E 01 -4410- 020 -20 EQUIPMENT - N. GARLOCK Police $227.87 E 01 -4410- 020 -20 UNIFORM - P. FLEMING Police $89.98 Search Name UNIFORMS UNLIMITED $694.76 Search Name WACONIA FARM SUPPLY E 01- 4305 - 070 -70 SPREADER - PARKS Parks & Recreation $341.99 Search Name WACONIA FARM SUPPLY $341.99 Search Name WASTE MANAGEMENT E 01- 4280 - 310 -50 E 01- 4280 - 310 -70 E 15- 4280 - 310 -60 E 08- 4280 - 000 -00 Search Name WASTE MANAGEMENT Search Name ZEROREZ E 08- 4335- 000 -00 MAY 2013 SERVICE - PW GARAGE MAY 2013 SERVICE - PW GARAGE MAY 2013 SERVICE - PW GARAGE MAY 2013 SERVICE - CITY HALL Road & Bridges Parks & Recreation Utility Enterprise Spec Fds $187.84 $187.84 $187.83 $163.21 $726.72 CARPET CLEANING - CITY HALL, PD Spec Fds $706.34 Search Name ZEROREZ $706.34 $143,270.26 CITY OF MENDOTA HEIGHTS 1101 Victoria Curve 1 Mendota Heights, M 651.452.1850 phone 1 651.452.8940 www.mendota-heights.com 5m. DATE: June 4, 2013 TO: Mayor, City Council and Administrator FROM: Mike Aschenbrener, Chief of Police SUBJECT: Out of State Travel — Officer Bobby Lambert BACKGROUND On July 3, 2012 the Mendota Heights City Council passed a resolution updating the "Travel Authorization and Expense Reimbursement Policy ". One of the requirements of the policy is to seek Council approval at an open meeting in advance of the out of state travel. On Monday June 3, 2013 Sergeant Garlock was advised that Officer Bobby Lambert had been requested to assist Sergeant Brent Nagel of the West Saint Paul Police Department (WSPPD) with a presentation in Pierre, South Dakota. The presentation is on preparation and response to incidents in schools. The travel will occur on June 11, 2013 with the presentation the next morning. They will return after the presentation. The audience is law enforcement and superintendents at a conference in Pierre. The WSPPD will cover all travel and lodging expenses for the trip, there will be no overtime costs associated with the trip. ACTION Pass a motion authorizing Officer Bobby Lambert to travel the night of June 11, 2013 to Pierre, South Dakota and assist Sgt. Brent Nagel with a presentation on school safety. DATE: TO: FROM: SUBJECT: CITY OF MENDOTA HEIGHTS BACKGROUND pg 73 1101 Victoria Curve 1 Mendota Heights, 651.452.1850 phone 1 651.452.8940 www.rnendota -hei g hts.con 7b. June 4, 2013 Mayor, City Council and City Administrator Jake Sedlacek, Assistant to the City Administrator Mendota/Lebanon Greenway Plan Update Dakota County Planning Staff have been leading an effort to develop a master plan to connect communities and resources across the county via greenways — trails that are buffered by natural landscapes. One of these plans is of particular interest to Mendota Heights. The Mendota/Lebanon Greenway is envisioned to start at the intersection of Dodd Road and Highway 110, runing south through Mendota Heights, Inver Grove Heights and Eagan, ending at Lebanon Hills Regional Park. City staff has been involved in the technical advisory group for the planning process; Dakota County has held open houses on the project, during preliminary plan development, as well as the roll out of the draft plan. More information can be located at www.hkgi.com /projects /dakota on this and other greenway plans. Staff will provide an update on the process to date and how this greenway plan integrates into our own trail planning processes. BUDGET IMPACT N/A RECOMMENDATION No action is necessary. CITY OF MENDOTA HEIGHTS pg 74 1101 Victoria Curve I Mendota Heights, P 651.452.1850 phone 1 651.452.894C www.mendota -hei g hts.com 8a. DATE: June 4, 2013 TO: Mayor, City Council and City Administrator FROM: Kristen Schabacker, Finance Director SUBJECT: Lexington Heights Apartment Project Refinancing BACKGROUND The council approved holding a public hearing for the issuance of refunding bonds for the Lexington Heights Apartments at the May 7th council meeting. The city originally issued bonds for Lexington Heights Apartments in 1983. The bonds have had amendments in 1991, 1999 and 2003. Tonight we are to hold a public hearing and adopt the resolution included in the agenda packet. These bonds are a refunding and do not count towards the $10,000,000 bank qualified money that the city is allowed to issue annually. These bonds are conduit financing and are a pass through for the city. They are not an obligation of the city. The city does charge a fee when issuing conduit debt. Since this is a refunding of an original issue, staff proposes that the city charge Lexington Heights Apartments a flat fee of $5,000. Our policy does not address the fee to be charged when refunding an issue. In discussion with the applicant we feel that the $5,000 fee is an adequate fee for the amount of work involved with this refunding. This fee is addition to any legal fees or other costs the city may incur which are paid for by the applicant. There will be representatives for the applicant as well as the city's bond attorney in attendance to answer any questions that council may have regarding this item. BUDGET IMPACT The city will receive a flat fee of $5,000 for the refunding of the revenue bonds. Any other costs incurred by the city will be paid for by Lexington Heights Apartments. RECOMMENDATION Staff recommends that the Mendota Heights City Council hold a public hearing and approve the attached resolution; RESOLUTION APPROVING ISSUANCE AND SALE OF MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (LEXINGTON HEIGHTS APARTMENTS PROJECT) SERIES 2013 PURSUANT TO THE MINNESOTA STATUES, CHAPTER 462C. pg 75 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2013 -38 APPROVING ISSUANCE AND SALE OF MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (LEXINGTON HEIGHTS APARTMENTS PROJECT) series 2013 PURSUANT TO MINNESOTA STATUTES, CHAPTER 462C WHEREAS, the City of Mendota Heights, Minnesota (the "City ") is authorized pursuant to Minnesota Statutes, Chapter 462C, as amended (the "Act "), to finance or refinance the making or purchasing of loans with respect to multifamily housing developments within the boundaries of the City through the issuance of bonds; WHEREAS, pursuant to the Act, the full faith and credit of the City will not be pledged to the payment of the principal of, premium, if any, and interest on the Bonds; WHEREAS, the City has received a proposal from Riley Family Lexington Heights, LLLP, f /k/a/ Lexington Heights Associates Limited Partnership, a Minnesota limited liability limited partnership (the 'Borrower "), that the City issue its revenue bonds in the aggregate principal amount of up to $10,570,000 to refund and redeem the outstanding principal balance of its Multifamily Housing Revenue Refunding Bonds (Lexington Heights Apartments Project) Series 1991A and its Multifamily Housing Revenue Refunding Bonds (Lexington Heights Apartments Project), Series 1991 (the "Prior Bonds "), which were used to refund its Housing Mortgage Revenue Bonds (Lexington Heights Apartments Project) Series 1983 (the "Original Bonds "), which were used to finance the acquisition, construction, and equipping of a 225 -unit multifamily housing development located at 230 South Lexington in the City (and together with the refunding of the Prior Bonds, the "Project "); and WHEREAS, in accordance with Section 147(f) of the Internal Revenue Code of 1986, as amended, the City held a public hearing on this date on the issuance of revenue bonds of the City to finance the Project. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mendota Heights, as follows: The Borrower has proposed that the City issue its Multifamily Housing Revenue Refunding Bonds (Lexington Heights Apartments Project), Series 2013, which may be in one or more series and either as notes or bonds (the 'Bonds ") in an amount not to exceed $10,570,000 to finance the costs of the Project, and to sell the Bonds to Wells Fargo Bank, National Association (the "Purchaser "), as provided herein. The Bonds will be issued by the City pursuant to an Indenture of Trust dated as of June 1, 2013 (the "Indenture "), executed by the City and Wells Fargo Bank, National Association, Minneapolis, Minnesota, as trustee (the "Trustee "). pg 76 Pursuant to the terms of a Loan Agreement dated as of June 1, 2013, between the City and the Borrower (the "Loan Agreement "), the City will loan the proceeds of the Bonds to the Borrower to refinance the Project. The Borrower has agreed, pursuant to a Regulatory Agreement dated as of June 1, 2013, by and between the City, the Borrower, and the Trustee (the "Regulatory Agreement ") to operate the Project as a "residential rental project" under Section 103(b)(4)(A) of the Internal Revenue Code of 1954, as in effect immediately prior to enactment of the Tax Reform Act of 1986, and read as if containing certain provisions referenced in Section 1313(a) of the Tax Reform Act of 1986 and the Treasury Regulations thereunder. Forms of the following documents have been submitted to the City Council: Loan Agreement; Indenture; and Regulatory Agreement. The foregoing documents are hereafter referred to as the "Bond Documents." It is hereby found, determined and declared that: the issuance and sale of the Bonds, the execution and delivery by the City of the Bond Documents and the performance of all covenants and agreements of the City contained in the Bond Documents and of all other acts and things required under the constitution and laws of the State of Minnesota to make the Bond Documents and the Bonds valid and binding obligations of the City in accordance with their terms, are authorized by the Act; it is desirable that the Bonds be issued by the City upon the terms set forth in the Indenture; the basic payments under the Loan Agreement are fixed to produce revenue sufficient to provide for the prompt payment of principal of, premium, if any, and interest on the Bonds issued under the Indenture when due, and the Loan Agreement and Indenture also provide that the Borrower is required to pay all expenses of the operation and maintenance of the Project, including, but without limitation, adequate insurance thereon and insurance against all liability for injury to persons or property arising from the operation thereof, and all taxes and special assessments levied upon or with respect to the Project premises and payable during the term of the Loan Agreement and Indenture; under the provisions of Minnesota Statutes, Chapter 462C and as provided in the Loan Agreement and Indenture, the Bonds are not to be payable from or charged upon any funds other than the revenue pledged to the payment thereof; the City is not subject to any liability thereon; no holder of any Bonds shall ever have the right to compel any exercise by the City of its taxing powers to pay any of the Bonds or the interest or premiums thereon, or to enforce payment thereof against any property of the City except the interests of the City in the Loan Agreement which have been assigned to the Trustee under the Indenture; the Bonds shall not constitute a charge, lien, or encumbrance, legal or equitable upon any property of the City except the interests of the City in the Loan Agreement which have been assigned to the Trustee under pg 77 the Indenture; the Bonds shall recite that the Bonds are issued without moral obligation on the part of the state or its political subdivisions, and that the Bonds, including interest thereon, are payable solely from the revenues pledged to the payment thereof; and, the Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. The forms of the Bond Documents and exhibits thereto are approved substantially in the form submitted. The Bond Documents, in substantially the forms submitted, are directed to be executed in the name and on behalf of the City by the Mayor and the City Administrator. Any other documents and certificates necessary to the transaction described above shall be executed by the appropriate City officers. Copies of all of the documents necessary to the transaction herein described shall be delivered, filed, and recorded as provided herein and in the Bond Documents. The City shall proceed forthwith to issue the Bonds, in the form and upon the terms set forth in the Indenture, with a maturity date yet to be determined but not to exceed a maximum of 30 years after the date of issuance of the Bonds. The Bonds will be purchased on substantially the terms set forth in the Indenture which has been submitted to the City in connection with this Resolution. The Mayor and City Administrator are authorized and directed to prepare and execute the Bonds as prescribed in the Indenture and to deliver them to the Trustee for authentication and delivery to the Purchaser. The Mayor, City Administrator, and other officers of the City are authorized and directed to prepare and furnish to the Purchaser certified copies of all proceedings and records of the City relating to the Bonds, and such other affidavits and certificates as may be required to show the facts relating to the legality of the bonds as such facts appear from the books and records in the officers' custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained herein. The approval hereby given to the various documents referred to above includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the City Attorney and the City officials authorized herein to execute said documents prior to their execution; and said City officials are hereby authorized to approve said changes on behalf of the City. The execution of any instrument by the appropriate official or officials herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. The approval hereby given to the Bond Documents and the various other documents referred to in paragraph 4 above includes approval of (a) such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by Bond Counsel, the City Attorney and the City officials authorized herein to execute said documents prior to their execution and (b) such additional documents, agreements or certificates as may be necessary and appropriate in connection with the Bond Documents and with the issuance and sale of the Bonds and approved by Bond Counsel, the City Attorney and City officials authorized herein to execute said documents prior to their execution; and said City Attorney and City officials are hereby pg 78 authorized to approve said changes or additional documents, agreements or certificates on behalf of the City. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms thereof and hereof. In the absence (or inability) of the Mayor or the City Administrator, any of the documents authorized by this resolution to be executed by them may be executed by the Acting Mayor or the City Administrator. Adopted by the City Council of the City of Mendota Heights this fourth day of June, 2013. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST Lorri Smith, City Clerk t CITY OF MENDOTA HEIGHTS pg 79 1101 Victoria Curve 1 Mendota Height 651.452.1850 phone 1 651.452.89 www.mendota- heights.com 8b. DATE: June 4, 2013 TO: Mayor, City Council, and City Administrator FROM: Lorri Smith, City Clerk SUBJECT: Renewal of Wine and Intoxicating Liquor Licenses BACKGROUND A public hearing has been scheduled for Tuesday evening, June 4, 2013 for hearing public comments on the renewal of the Wine and Intoxicating Liquor licenses. These licenses will expire on June 30, 2013. The City Council may conduct one public hearing and act on all of the licenses concurrently at this meeting provided there are no negative public comments or council concerns. Renewal applications have been received from all of the current licensees as follows: Intoxicating Liquor and Sunday Liquor licenses: • Felipe's LLC dba Teresa's Mexican Restaurant, 762 Highway 110 • Haiku Japanese Bistro Inc. dba Haiku Japanese Bistro, 754 Highway 110 • Courtyard Management Corp. dba Courtyard by Marriott, 1352 Northland Drive Club Liquor and Sunday Liquor licenses: • Mendakota Country Club, 2075 Mendakota Drive • Somerset Country Club, 1416 Dodd Road Wine licenses: • Mendo Restaurant Group, Inc., dba Mendoberri located at 730 Main Street, • Windy City Pizza LLC dba Tommy Chicago's Pizzeria located at 730 Main Street, • CEC Food and Beverage LLC, dba LeCordon Bleu, 1315 Mendota Heights Road. Off -Sale Liquor licenses: • MapleTree Mendota Retail LLC dba The Wine Market, Suite 101, 720 Main Street • Poopha Inc. dba Mendota Liquor, 766 Highway 110 Most of the required documentation has been received. The only outstanding items are the liquor bonds for Teresa's Mexican Restaurant, Mendoberri, and Mendota Liquor. The background investigations have been conducted resulting in no negative findings on the above applicants. There have been no liquor law violations within the past year. If approved, these licenses will be effective July 1, 2013 through June 30, 2014. RECOMMENDATION Staff recommends the Mayor and City Council hold the public hearing, consider comments from the public, and approve the issuance of the license renewals as listed above for the period of July 1, 2013 through June 30, 2014, contingent upon receipt of the outstanding liquor bonds for Teresa's Mexican Restaurant, Mendoberri, and Mendota Liquor. DATE: TO: FROM: SUBJECT: BACKGROUND CITY OF MENDOTA HEIGHTS pg 80 1101 Victoria Curve 1 Mendota Heights, 651.452.1850 phone 1 651.452.8940 www.rnendota -hei g hts.con 9a. June 4, 2013 Mayor, City Council and City Administrator Jake Sedlacek, Assistant to the City Administrator Ordinance 453 Amending City Code Regarding Signs The Mendota Heights Planning Commission conducted a public hearing at their regular meeting May 28, 2013 on a code amendment which would modernize city code pertaining to signs. Steve Grittman of NAC Planning reviewed his memo on the proposed updates and fielded questions from the planning commission. Mr. Grittman stressed that section one of Ordinance 453 applies to all building permits in commercial industrial properties, including signs. The commission sought clarification regarding Signs in B and I Districts, which allows certain electronic displays with a conditional use permit. Staff clarified that draft language from the League of Minnesota Cities allows three text changes per day. Allowing three changes is intended to allow motor fuel station operators an opportunity to change prices, while providing control to prevent the sign from becoming a "dynamic display." Staff also clarified for the commission that "feather- flags" are free - standing banner -like signs, which have become popular. Wall signs for non - residential uses in residential zones would include schools, churches etc. The maximum area of 100 square feet is consistent with standards for commercial properties. There were no comments at the public hearing. BUDGET IMPACT N/A RECOMMENDATION The planning commission voted 6:0 (Noonan absent) to recommend approval of the code amendment as described in planning case 2013 -06. If city council desires to implement this recommendation, pass a motion adopting ORDINANCE 453 AMENDING TITLE 12, CHAPTER 1 OF THE CITY CODE PERTAINING TO SIGNS. This action requires a simple majority vote. If the city council passes ORDNANCE 453, city staff recommends approving SUMMARY PUBLICATION CITY OF MENDOTA HEIGHTS ORDINANCE 453, for publication purposes. This action requires a four -fifths majority vote. pg 81 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 453 AN ORDINANCE AMENDING TITLE 12, CHAPTER 1 OF THE CITY CODE PERTAINING TO SIGNS The City Council of the City of Mendota Heights, Minnesota ordains as follows: SECTION 1 The following language in Section 12- 1D -13 -2 Additional Requirements for all B and I Districts is amended to read: A. Building Permits: B. Where building permit applications for work on existing structures located in the B and I zoning districts are applied for the code enforcement officer shall issue building permits upon compliance with local codes and ordinances. SECTION 2 Section 12- 1D- 13 -3.J Motor Fuel Stations and Motor Fuel Station Convenience Stores is deleted SECTION 3 The following language is in Section 1- 1D -15: Signs is amended to read: Signs are a permitted accessory use in all use districts subject to the following regulations: A. Interpretation: A sign is a structure or a part of a structure for the purpose of applying yard and height regulations. B. Permit Requirements: 1. Permit Required: Except as herein exempted, no person, firm or corporation shall install, erect, relocate, modify, alter, or change the color on any sign in the city without first obtaining a permit. 2. Application and Fees: Application for permits shall be made in writing upon printed forms furnished by the city, and shall be accompanied by a complete description of the sign, its proposed location, the manner of construction and materials used in the sign, a sketch of the sign and such other information as the code enforcement department deems necessary. Fees shall be established by resolution of the city council. In addition to any other remedies available to the city, a triple fee shall be charged if a sign is erected without first obtaining a permit for such sign. pg 82 3. Exemptions: No permit shall be required for the following signs; provided, however, that all signs herein exempted from the permit requirements shall conform with all other requirements of this chapter: a. Signs erected by a governmental unit. b. Signs which are entirely within a building and not visible from outside such building. c. Address, nameplate and /or identification signs having an area of two (2) square feet or less. d. Garage sale, rummage sale and other similar signs in conjunction with the sale of household goods and materials from private residences. e. Real estate signs as regulated in subsection D of this section. f Election signs as regulated in subsection I of this section. g. Holiday displays are not considered signs for the purposes of this section. C. Real Estate Signs: 1. For purposes of selling or leasing property, a sign not in excess of fifteen (15) square feet per surface may be placed within the front yard of such property to be sold or leased. 2. For the purpose of selling or promoting a residential project of six (6) or more dwelling units, a commercial area of three (3) acres or more or an industrial area of ten (10) acres or more, one sign not to exceed one hundred (100) square feet of advertising surface may be erected upon the project site. Such sign shall not remain after ninety percent (90 %) of the project is developed. D. Temporary Signs: There shall be no more than one temporary (3 months or less) sign on any lot. The total area of such sign shall not exceed twenty five (25) square feet. E. Prohibited Signs: Unless a sign is specifically permitted under this chapter, the sign is prohibited. By way of example and not by way of limitation, the following signs are specifically prohibited: 1. Signs within the public right of way or easement; except, that the city council may grant a conditional use permit to locate signs and decorations on or within city right of way for a specified time not to exceed sixty (60) days. 2. Illuminated flashing signs within the R, B -1 or B -2 district. 3. In all districts, illuminated signs or devices giving off an intermittent, steady or rotating beam consisting of a collection or concentration of rays or lights greater than two (2) square feet in area. 4. Any sign that, by reason of position, shape or color would interfere in any way with the proper functioning or purpose of a traffic sign or signal. 5. Signs painted directly on the outside wall of buildings. 6. Signs painted on fences, rocks, or similar structures or features in any district. 7. Paper and similar signs attached directly to a building wall by an adhesive or similar means. 8. Feather -Flag signs 9. Animated signs, lighter than air inflatable devices, string lights, strip lighting outlining structures, and signs attached or mounted on a vehicle parked primarily for use as a sign. 10. Roof signs. Ord. 453 Page 2 of 6 pg 83 F. Nonconforming Signs: Signs existing on the effective date of this chapter which do not conform to the regulations set forth in this chapter or any previous ordinance are nonconforming uses. G. Election Signs: 1. Election signs are permitted on private property in any district, provided such signs are removed within ten (10) days following the state general election or within ten (10) days following the election the sign relates to in a year during which no state general election is held. 2. No election sign shall be permitted in any R district 46 days before the state primary in a state general election year, or more than one month preceding the election the sign relates to in a year during which no state general election is held. 3. No election sign shall be permitted on election day within one hundred feet (100') of a building in which a polling place is situated or anywhere on public property on which a polling place is situated. This restriction does not apply to adjacent private property. H. Signs In R Districts: Within the R districts, the following signs are permitted: 1. One nameplate sign for each dwelling, and such sign shall not exceed two (2) square feet in area per surface, and no sign shall be so constructed as to have more than two (2) surfaces. 2. One nameplate sign for each dwelling group of six (6) or more units, and such sign shall not exceed six (6) square feet in area per surface, and no sign shall be so constructed as to have more than two (2) surfaces. (Ord. 429, 8 -3 -2010) 3. One nameplate sign for each permitted use or use by conditional use permit other than residential, and such sign shall not exceed twelve (12) square feet in area per surface. a. By conditional use permit, a non - residential use in a residential zoning district which is allowed either as a permitted or conditional use may qualify for a second nameplate sign, provided that each of the following requirements are met: (1) The parcel on which such a sign is proposed may be no less than forty (40) acres in size. (2) The parcel on which such a sign is to be located must have frontage on at least two (2) public roadways. (3) No more than one sign may be allowed to be oriented toward any one public roadway. (4) The sign shall not exceed one hundred (100) square feet in area per surface. (5) The sign shall not exceed nine feet (9') in height from the average natural grade at the base of the sign. (6) The sign may be illuminated, provided the direct source of light is not visible from the public right of way or adjacent residential district. (7) The sign may not be constructed as an internally lit cabinet. (8) The sign shall be constructed in a monument style fashion, including a base of natural stone, brick or other masonry material. Ord. 453 Page 3 of 6 pg 84 (9) The sign area shall be landscaped with materials subject to a plan submitted with the (10) CUP application and approved by the city council. (11) Lighting shall be limited from dusk to twelve o'clock (12:00) midnight. (Ord. 434, 4 -5 -2011) 4. By conditional use permit, a use in a residential zoning district which is allowed either as a permitted or conditional use may qualify for a wall sign in addition to a nameplate sign, provided that each of the following requirements are met: a. The parcel on which such a sign is proposed may be no less than five (5) acres in size. b. The sign shall not exceed one hundred (100) square feet in area. c. The sign may be illuminated, provided the direct source of light is not visible from the public right of way or adjacent residential district. 5. Symbols, statues, sculptures and integrated architectural features on nonresidential buildings may be illuminated by floodlights, provided the direct source of light is not visible from the public right of way or adjacent residential district. 6. Any sign over one square foot shall be set back at least ten feet (10') from any property line. No sign shall exceed ten feet (10') in height above the average grade level. Signs may be illuminated, but such lighting shall be diffused or indirect and not illuminated beyond any lot line. I. Signs In B And I Districts: 1. Nameplates And Business Signs: Nameplate signs and business signs are permitted subject to the following regulations: a. B -1 And B -1A Districts: Within the B -1 and B -1A districts, the aggregate square footage of sign space per lot shall not exceed the sum of one square foot per front foot of building plus one square foot for each front foot of lot not occupied by a building. No individual sign shall exceed fifty (50) square feet in a B -1 area. b. B -2, B -3, B -4 And I Districts: (1) Within the B -2, B -3, B -4 and I districts, the aggregate square footage of such space per lot shall not exceed the sum of two (2) square feet per front foot of building, plus one square foot for each front foot of lot not occupied by such building which fronts on a public right of way fifty feet (50') or more in width. The least width of a lot for purposes of this chapter shall be the front. No individual sign surface shall exceed one hundred (100) square feet in area, nor shall two (2) or more signs be so arranged and integrated as to cause an advertising surface over one hundred (100) square feet. (2) Where a B -4 district includes a theater, additional sign surface area may be permitted for the exclusive use of the theater. The total aggregate surface area permitted for theaters including any pylon, marquee or other signage shall not exceed two hundred (200) square feet. 2. Pylon Or Freestanding Sign: The erection of one pylon type sign for any single lot in the B -2, B -3, B -4 and I districts is permitted under the following provisions: a. A pylon or freestanding sign shall not be higher than twenty five feet (25') above the average grade level at the base of the sign. Ord. 453 Page 4 of 6 pg 85 b. No part of the pylon or freestanding sign shall be less than ten feet (10') from lot lines nor less than five feet (5') from any driveway or parking area. c. No part or projection from a pylon or freestanding sign shall be less than fourteen feet (14') vertical distance above the grade level at the base of the sign. d. The gross area of any surface of a pylon or freestanding sign shall not exceed one hundred(100) square feet. 3. Electronic displays, including Light- Emitting- Diodes (LED), or similar technologies may be permitted at motor fuel stations under the following conditions: a. The characters in an electronic display must be a uniform color. b. Any electronic display is limited to a maximum of four (4) characters. c. The total area for an electronic display is not to exceed six (6) square feet in area. d. The text of the sign may not change more than three (times) in a day (24 hours). e. The electronic display shall be allowed only during the hours of operation approved in the conditional use permit for the motor fuel station. f Any existing motor fuel station seeking permit for electronic display of fuel prices shall submit a request to amend their conditional use permit. 4. 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 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. (Ord. 429, 8 -3 -2010) Adopted and ordained into an Ordinance this fourth day of June, 2013. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST Lorri Smith, City Clerk Ord. 453 Page 5 of 6 pg 86 SUMMARY PUBLICATION CITY OF MENDOTA HEIGHTS ORDINANCE 453 AN ORDINANCE AMENDING CITY CODE TITLE 12, CHAPTER 1 PERTAINING TO SIGNS The City Council of the City of Mendota Heights, Minnesota authorizes the amendment of City Code Title 12, Chapter 1, pertaining to signs. The amendment updates and modernizes the city's sign regulations in all zoning districts. The complete text of Ordinance 453 may be obtained at the Mendota Heights City Hall or from the City's website at www.mendota- heights.com . Dated: June 4, 2013 Published: June , 2013 Ord. 453 Page 6 o f 6 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 453 pg 87 AN ORDINANCE AMENDING TITLE 12, CHAPTER 1 OF THE CITY CODE PERTAINING TO SIGNS The City Council of the City of Mendota Heights, Minnesota ordains as follows: SECTION 1 The following language in Section 12- 1D -13 -2 Additional Requirements for all B and I Districts is amended to read: A. Building Permits: B. C. 1. Where building permit applications for interior work on existing structures located in the B and I zoning districts are applied for the code enforcement officer shall issue building permits upon compliance with local codes and ordinances. SECTION 2 The following language in Section 12- 1D -13 -3 Motor Fuel Stations and Motor Fuel Station Convenience Stores is amended to read: J. signs: 1. All signs shall confonn with the district requirements in which the motor fuel station and convenience store is 1 catcd. 2. Banners, flags (other than the flags of the U. S. and the state and the United Nations), pennants and similar pr m ti nal display devices may not be permitted for a period not to exceed thirty (30) days after the issuance of a certificate of pancy. SECTION 3 The following language is in Section 1- 1D -15: Signs is amended to read: Signs are a permitted accessory use in all use districts subject to the following regulations: A. Interpretation: A sign is a structure or a part of a structure for the purpose of applying yard and height regulations. B. Permit Requirements: pg 88 1. Permit Required: Except as herein exempted, no person, firm or corporation shall install, erect, relocate, modify, alter, or change the color or change the copy on any sign in the city without first obtaining a permit. 2. Application For Permit; and Fees: Application for permits shall be made in writing upon printed forms furnished by the city, and shall be accompanied by a complete description of the sign, its proposed location, the manner of construction and materials used in the sign, a sketch of the sign and such other information as the code enforcement department deems necessary. Fees shall be established by resolution of the city council. In addition to any other remedies available to the city, a triple fee shall be charged if a sign is erected without first obtaining a permit for such sign. 3. Exemptions: No permit shall be required for the following signs; provided, however, that all signs herein exempted from the permit requirements shall conform with all other requirements of this chapter: a. Signs erected by a governmental unit. b. Signs which are entirely within a building and not visible from outside such building. c. Address, nameplate and /or identification signs having an area of two (2) square feet or less. d. Garage sale, rummage sale and other similar signs in conjunction with the sale of household goods and materials from private residences. e. Real estate signs as regulated in subsection D of this section. f Election signs as regulated in subsection I of this section. g. Holiday displays are not considered signs for the purposes of this section. C. Location Generally: Signs and parts of the superstructure shall not extend into the required D. Real Estate Signs: 1. For purposes of selling or leasing property, a sign not in excess of fifteen (15) square feet per surface may be placed within the front yard of such property to be sold or leased. Such signs shall not be less than fifteen feet (15') from the right of way line unless flat against the structure. 2. For the purpose of selling or promoting a residential project of six (6) or more dwelling units, a commercial area of three (3) acres or more or an industrial area of ten (10) acres or more, one sign not to exceed one hundred (100) square feet of advertising surface may be erected upon the project site. Such sign shall not remain after ninety percent (90 %) of the project is developed. E. Temporary Signs: There shall be no more than one temporary (3 months or less) sign on any lot. The total area of such sign shall not exceed twenty five (25) square feet. F. Maintenance Requirements: 1. The owner, lessee, or occupant of the land on which a ground sign is located shall keep the property on which the sign is located free of long grass, weeds r ther rank growth, rubbish or debris. 2. All signs shall be maintained in a safe, presentable and structurally sound condition. No person shall maintain or permit to be maintained on any premises owned or controlled by him any sign which is in a dangerous or defective condition. pg 89 G. Prohibited Signs: Unless a sign is specifically permitted under this chapter, the sign is prohibited. By way of example and not by way of limitation, the following signs are specifically prohibited: 1. Signs within the public right of way or easement; except, that the city council may grant a conditional use permit to locate signs and decorations on or within he city right of way for a specified time not to exceed sixty (60) days. 2. Illuminated flashing signs within the R, B -1 or B -2 district. 3. In all districts, illuminated signs or devices giving off an intermittent, steady or rotating beam consisting of a collection or concentration of rays or lights greater than two (2) square feet in area. 4. Any sign that, by reason of position, shape or color would interfere in any way with the proper functioning or purpose of a traffic sign or signal. 5. Signs painted directly on the outside wall of buildings. 6. Signs painted on fences, rocks, or similar structures or features in any district. 7. Paper and similar signs attached directly to a building wall by an adhesive or similar means. 8. Feather -Flag signs 9. Animated signs, lighter than air inflatable devices, string lights, strip lighting outlining structures, and signs attached or mounted on a vehicle parked primarily for use as a sign. 10. Roof signs. H. Nonconforming Signs: Signs existing on the effective date of this chapter which do not conform to the regulations set forth in this chapter or any previous ordinance are nonconforming uses. I. Election Signs: 1. Election signs are permitted on private property in any district, provided such signs are removed within ten (10) days following the state general election or within ten (10) days following the election the sign relates to in a year during which no state general election is held. 2. No election sign shall be permitted in any R district before August 1 46 days before the state primary in a state general election year, or more than one month preceding the election the sign relates to in a year during which no state general election is held. 3. No election sign shall be permitted on election day within one hundred feet (100') of a building in which a polling place is situated or anywhere on public property on which a polling place is situated. This restriction does not apply to adjacent private property. J. Signs In R Districts: Within the R districts, the following signs are permitted: 1. One nameplate sign for each dwelling, and such sign shall not exceed two (2) square feet in area per surface, and no sign shall be so constructed as to have more than two (2) surfaces. 2. One nameplate sign for each dwelling group of six (6) or more units, and such sign shall not exceed six (6) square feet in area per surface, and no sign shall be so constructed as to have more than two (2) surfaces. (Ord. 429, 8 -3 -2010) 3. One nameplate sign for each permitted use or use by conditional use permit other than residential, and such sign shall not exceed twelve (12) square feet in area per surface. pg 90 a. By conditional use permit, a non - residential use in a residential zoning district which is allowed either as a permitted or conditional use may qualify for a second nameplate sign, provided that each of the following requirements are met: (1) The parcel on which such a sign is proposed may be no less than forty (40) acres in size. (2) The parcel on which such a sign is to be located must have frontage on at least two (2) public roadways. (3) No more than one sign may be allowed to be oriented toward any one public roadway. (4) The sign shall not exceed one hundred (100) square feet in area per surface. (5) The sign shall not exceed nine feet (9') in height from the average natural grade at the base of the sign. (6) The sign may be illuminated, provided the direct source of light is not visible from the public right of way or adjacent residential district. (7) The sign may not be constructed as an internally lit cabinet. (8) The sign shall be constructed in a monument style fashion, including a base of natural stone, brick or other masonry material. (9) The sign area shall be landscaped with materials subject to a plan submitted with the (10) CUP application and approved by the city council. (11) Lighting shall be limited from dusk to twelve o'clock (12:00) midnight. (Ord. 434, 4 -5 -2011) 4. By conditional use permit, a use in a residential zoning district which is allowed either as a permitted or conditional use may qualify for a wall sign in addition to a nameplate sign, provided that each of the following requirements are met: a. The parcel on which such a sign is proposed may be no less than five (5) acres in size. b. The sign shall not exceed one hundred (100) square feet in area. c. The sign may be illuminated, provided the direct source of light is not visible from the public right of way or adjacent residential district. 5. Symbols, statues, sculptures and integrated architectural features on nonresidential buildings may be illuminated by floodlights, provided the direct source of light is not visible from the public right of way or adjacent residential district. 6. Any sign over one square foot shall be set back at least ten feet (10') from any property line. No sign shall exceed ten feet (10') in height above the average grade level. Signs may be illuminated, but such lighting shall be diffused or indirect and not illuminated beyond any lot line. K. Signs In B And I Districts: 1. Nameplates And Business Signs: Nameplate signs and business signs are permitted subject to the following regulations: a. B -1 And B -1A Districts: Within the B -1 and B -1A districts, the aggregate square footage of sign space per lot shall not exceed the sum of one square foot per front foot of building plus one square foot for each front foot of lot not occupied by a building. No individual sign shall exceed fifty (50) square feet in a B -1 area. pg 91 b. B -2, B -3, B -4 And I Districts: (1) Within the B -2, B -3, B -4 and I districts, the aggregate square footage of such space per lot shall not exceed the sum of two (2) square feet per front foot of building, plus one square foot for each front foot of lot not occupied by such building which fronts on a public right of way fifty feet (50') or more in width. The least width of a lot for purposes of this chapter shall be the front. No individual sign surface shall exceed one hundred (100) square feet in area, nor shall two (2) or more signs be so arranged and integrated as to cause an advertising surface over one hundred (100) square feet. (2) Where a B -4 district includes a theater, additional sign surface area may be permitted for the exclusive use of the theater. The total aggregate surface area permitted for theaters including any pylon, marquee or other signage shall not exceed two hundred (200) square feet. 2. Pylon Or Freestanding Sign: The erection of one pylon type sign for any single lot in the B -2, B -3, B -4 and I districts is permitted under the following provisions: case of a corner lot, both sides fronting on a public right of way shall be deemed the front. b. A pylon or freestanding sign shall not be higher than twenty five feet (25') above the average grade level at the base of the sign. c. No part of the pylon or freestanding sign shall be less than twenty ten feet (2810') from side lot lines nor less than five feet (5') from any driveway or parking area. d. No part or projection from a pylon or freestanding sign shall be less than fourteen feet (14') vertical distance above the grade level at the base of the sign. e. The gross area of any surface of a pylon or freestanding sign shall not exceed one hundred(100) square feet. 3. Electronic displays, including Light- Emitting- Diodes (LED), or similar technologies may be permitted at motor fuel stations under the following conditions: a. The characters in an electronic display must be a uniform color. b. Any electronic display is limited to a maximum of four (4) characters. c. The total area for an electronic display is not to exceed six (6) square feet in area. d. The text of the sign may not change more than three (times) in a day (24 hours). e. The electronic display shall be allowed only during the hours of operation approved in the conditional use permit for the motor fuel station. f Any existing motor fuel station seeking permit for electronic display of fuel prices shall submit a request to amend their conditional use permit. 4. 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 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 pg 92 chapter and if such exception results in an improved relationship between the various parts of the plan. (Ord. 429, 8 -3 -2010) Adopted and ordained into an Ordinance this fourth day of June 2013. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST Lorri Smith, City Clerk pg 93 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231 .2555 Facsimile: 763.231 .2561 planners @nacplanning.com MEMORANDUM TO: Mendota Heights Planning Commission FROM: Stephen W. Grittman DATE: May 23, 2013 MEETING DATE: May 28, 2013 SUBJECT: Zoning Ordinance Amendment — Sign Regulations CASE NO: Case No. 2013 -06; NAC Case 254.04 - APPLICANT(S): City of Mendota Heights LOCATION: NA ZONING: NA GUIDE PLAN: NA Background and Description of Request: The attached draft ordinance is an update to the City's sign regulations. Much of this was generated as a result of the City's decision to approve LED display for the BP station along Dodd Road, suggesting that changes be made to the way the City regulates those signs. However, a few other sections are proposed for update as well. The primary contents of the proposed ordinance is as follows: • Eliminates the requirement that Commercial /Industrial building permits be reviewed and approved by City Council. • Deletes the general reference to sign regulations currently in the Conditional Use Permit section for Gas /Convenience stores (replacing it with language specific to that use in subsequent paragraphs). • Deletes the general reference for signage that currently requires a sign setback to be the same as the building setback. pg 94 • Deletes the maintenance requirement, since the City's Maintenance Code addresses this requirement more completely. • Amends the general prohibition on illuminating signs that give off intermittent, steady, or rotating beams of light to exempt such signs 2 square feet in area or less — this would legitimize the illuminated "open" signs that are common in many commercial establishments. • Corrects the date /time language relating to political campaign signs to conform to current state law. • Adds a section whereby an allowed non - residential use on lots of more than 5 acres in a residential zoning district may have a wall sign of up to 100 square feet by Conditional Use Permit. • Changes the setback requirements for freestanding signs to 10 feet from any lot line (including the front lot line). • Amends the code to specify that electronic displays may be allowed for motor fuel stations under certain limitations and conditions (e.g. 4 characters, 6 square feet in area, changing just 3 times per day, requires an amendment to the station's CUP to qualify for such a sign). This section is intended to allow LED /Electronic gas price signage. Action Requested: Following a public hearing, the Planning Commission may consider one of the following alternative recommendations: 1. Approval of the proposed amendment to the zoning ordinance, as discussed by the Commission, based on a finding that the changes best further the interests of the City in protecting the public health, safety, and general welfare. 2. Denial of the proposed amendment to the zoning ordinance, based on a finding that the current ordinance better reflects the interests of the City in protecting the public health, safety, and general welfare. 3. Table action on the amendment, subject to additional information as discussed. Staff Recommendation: Staff recommends approval as submitted. Supplementary Materials: 1. Draft ORDINANCE NO. 453, AN ORDINANCE AMENDING TITLE 12, CHAPTER 1 OF THE CITY CODE PERTAINING TO SIGNS TY OF ENDOTA HEIGHTS pg 95 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.4521e50 phone 651.452.8940 fax wwwsnendota-heights.corn APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Case No. -Vg 2-olt ctp, Date of Application Sh9 (1 Fee Paid Staff Initials (--->S Street Location of Property in Question: Applicant Name: Jake Sedlacek PH: 651.255.1142 E-Mail Address: jakesAmendota-heights.com Address: 1101 Victoria Curve Mendota Heiah s 55077 Property Owner Name: Property Owner Address: Legal Description & PIN of Property: (Complete Legal from Title or Deed must be provided) Co6Q Teivle&.■rsintj )1-0 -6•;c(r . Type of Request: Rezoning Conditional Use Permit Conditional Use Permit for P.U.D. Preliminary/Final Plat Approval Comprehensive Plan Amendment Variance Subdivision Approval Wetlands Permit Critical Area Permit X Other: Zoning Amend. Applicable City Ordinance Number la_ Section Present Zoning of Property Present Use Proposed Zoning of Property ..; Proposed I hereby declare that all statements made in this request and on the additional material are true. I further authorize City Officials and agents to inspect the above property during daylight hours. Signature of Applicant cSCC/Ct CcSL Signature Owner Date SkR H3 Date Signature of Owner (if more than one) Date 1101 Victoria Curve 1 Mendota heights, MN 55118 651.452.1850 phone 1pg5P 2.8940 fax www.mendota- heights.com CITY OF MENDOTA HEIGHTS May 6, 2013 Planning Commission 1101 Victoria Curve Mendota Heights, MN 55118 Dear Planning Commissioners: Attached is a planning application by the City of Mendota Heights which proposes amending city code pertaining to garages and accessory structures in residential zoning districts. The proposed language creates a new standard for the number of garage doors, and also amends language on the total area and number of garages /accessory structures allowed. Sincerely, srs&_Lck Jake Sedlacek Asst. to the City Admin. FSC FSC° C009042 MIX Paper from responsible sources pg97 CITY OF MENDOTA HEIGHTS NOTICE OF HEARING A PUBLIC HEARING ON A REQUEST FOR A ZONING AMENDMENT PERTAINING TO SIGNS TO WHOM IT MAY CONCERN: NOTICE is hereby given that the Planning Commission of Mendota Heights will meet at 7:00 P.M., or as soon as possible thereafter, on Tuesday, May 28, 2013 in the City Hall Council Chambers, 1101 Victoria Curve, Mendota Heights, Minnesota, to consider an amendment to City Code pertaining to signs. This request pertains to all zoning classifications, and has been assigned Planning Case number 2013 -06. This notice is pursuant to Title 12 (Zoning), Chapter 1 of the Mendota Heights City Code. Such persons as desire to be heard with reference to this request will be heard at this meeting. Lorri Smith City Clerk I " !2J CITY OF Or' MENDOTA HEIGHTS pg 98 1101 Victoria Curve I Mendota Heights, 651.452.1850 phone 651.452.8940 www.menclota-heights.com DATE: June 4, 2013 TO: Mayor, City Council and City Administrator FROM: Jake Sedlacek, Assistant to the City Administrator SUBJECT: Ordinance 454 Amending City Code Regarding Garages BACKGROUND 9b. The Mendota Heights Planning Commission conducted a public hearing at their regular meeting May 28, 2013 on a code amendment which would amend city code impacting the total number of garages and /or accessory structures allowed in residential zones. Steve Grittman of NAC Planning reviewed his memo on the proposed amendment. Mr. Grittman confirmed that the attached draft of the code amendment included a maximum size for both attached and detached garages of 1,500 square feet. The primary policy question posed by this code amendment is whether or not to allow residential properties to have more than one garage. Issues pertaining to the number of accessory structures are designed to minimize the impact of allowing two garages. The code amendment also addresses the total number of garage doors, which was the subject of two recent variance requests. The proposed language would permit up to 36 lineal feet of garage door. Additional garage door allowance would be subject to a conditional use permit. There were no comments at the public hearing. BUDGET IMPACT N/A RECOMMENDATION The planning commission voted 6:0 (Noonan absent) to recommend approval of the code amendment as described in planning case 2013 -07. If city council desires to implement this recommendation, pass a motion adopting ORDINANCE 454 AMENDING TITLE 12, CHAPTER 1 OF THE CITY CODE PERTAINING TO GARAGES. This action requires a simple majority vote. If the city council passes ORDNANCE 454, city staff recommends approving SUMMARY PUBLICATION CITY OF MENDOTA HEIGHTS ORDINANCE 454, for publication purposes. This action requires a four -fifths majority vote. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 454 pg 99 AN ORDINANCE AMENDING TITLE 12, CHAPTER 1 OF THE CITY CODE PERTAINING TO GARAGES The City Council of the City of Mendota Heights, Minnesota ordains as follows: SECTION 1: The following language in Section 12 -1D -3C is hereby amended to read: C. Accessory Structures In All Residential Districts: accessory structures shall be architecturally compatible with the principal structure. 1. Private garages in all residential districts: a. Number: Only one private garage, either attached or detached, is allowed for each principal residential structure, except by conditional use permit. b. Size: (1) Attached private garage: (A) Up to one thousand two hundred (1,200) square feet is permitted. (B) One thousand two hundred (1,200) to one thousand five hundred (1,500) square feet is allowed via a conditional use permit. (2) Detached private garage: (A) Up to six hundred fifty (650) square feet is permitted. (B) More than 650 square feet, up to a total floor area no greater than the foundation footprint of the principal residential building; nor more than ten percent (10 %) of the rear yard, whichever is less via a conditional use permit. A detached private garage may not exceed 1,500 square feet of area. Ord. 454 Page 1 of 4 pg 100 c. Standards For Private Garages In All Residential Districts: (1) Floor Of A Garage: In all R districts, the floor of a garage shall be at least one and one -half feet (11 /2') above the street grade at the curb unless a deviation is granted by the public works director upon determination that a lower elevation is appropriate. (2) Garage Doors: No more than thirty six (36) lineal feet of garage door per structure, measured horizontally, may be installed to provide access to any private garage or other accessory building space on a single or two - family residential property. More than thirty six (36) lineal feet of garage door may be provided by Conditional Use Permit when such additional garage door exposure is not visible from a public street or from surrounding residential property. (3) Height: No garage doors over nine feet (9') in height shall be permitted. (4) Use: No use of the garage shall be permitted other than private residential noncommercial use. 2. Accessory structures (other than detached, private garages) in all residential districts: a. Number And Size - No detached accessory building shall exceed the following size allowances: (1) Property is four (4) acres or less *: One accessory structure with the area not to exceed one hundred forty four (144) square feet is permitted. (2) Property is more than four (4) acres *: Up to two accessory structures, with a total area not to exceed 440 square feet are permitted. *In computing the area of the property on which an accessory structure is to be located, any part which is a lake or a wetland, as defined in any city ordinance or by state or federal law, any part which is subject to an easement for a street, alley or private roadway, and any part which is in the critical area and below the "bluff line ", as defined in chapter 3, "Critical Area Overlay District ", of this title shall be excluded. (3) A detached accessory building which is not a private garage may be constructed larger than the allowances in this section by Conditional Use Permit, provided that in no case shall such building be larger than one thousand (1,000) square feet of total floor area. b. Through Lots: All accessory buildings greater than one hundred forty four (144) square feet on through lots located in R districts shall require a conditional use permit. Ord. 454 Page 2 of 4 pg 101 Adopted and ordained into an Ordinance this fourth day of June, 2013. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST Lorri Smith, City Clerk Ord. 454 Page 3 of 4 pg 102 SUMMARY PUBLICATION CITY OF MENDOTA HEIGHTS ORDINANCE 454 AN ORDINANCE AMENDING CITY CODE TITLE 12, CHAPTER 1 OF THE CITY CODE PERTAINING TO GARAGES The City Council of the City of Mendota Heights, Minnesota authorizes the amendment of City Code Title 12, Chapter 1, pertaining to garages and accessory structures in residential zoning districts. The amendment creates a new standard for the number of garage doors allowed and also amends language on the total area and number of garages /accessory structures allowed. The complete text of Ordinance 454 may be obtained at the Mendota Heights City Hall or from the City's website at www.mendota- heights.com . Dated: June 4, 2013 Published: June , 2013 Ord. 454 Page 4 of 4 pg 103 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 454 AN ORDINANCE AMENDING TITLE 12, CHAPTER 1 OF THE CITY CODE PERTAINING TO GARAGES The City Council of the City of Mendota Heights, Minnesota ordains as follows: SECTION 1: The following language in Section 12 -1D -3C is hereby amended to read: C. Accessory Structures In All Residential Districts: accessory structures shall be architecturally compatible with the principal structure. 1. Private garages in all residential districts: a. Number: Only one private garage, either attached or detached, is allowed for each principal residential structure, except by conditional use permit. b. Size: (1) Attached private garage: (A) Up to one thousand two hundred (1,200) square feet is permitted. (B) One thousand two hundred (1,200) to one thousand five hundred (1,500) square feet is allowed via a conditional use permit. (2) Detached private garage: (A) Up to four hundred forty (1 110) six hundred fifty (650) square feet is permitted. (B) Four hundred forty ('1'10) to seven hundred fifty (750) square feet is allowed via a conditional use. More than 650 square feet, up to a total floor area no greater than the foundation footprint of the principal residential building; nor more than ten percent (10 %) of the rear yard, whichever is less via a conditional use permit. A detached private garage may not exceed 1,500 square feet of area. PRIVATE GARAGE SIZE STANDARDS IN ALL RESIDENTIAL DISTRICTS pg 104 Attached (Square Feet) Detached (Square Feet) Permitted Conditional use 1,200 maximum 1,200 to 1,500 'I'10 maximum 1'10 to 750 Prohibited II Over 1,500 lOver 750 c. Standards For Private Garages In All Residential Districts: (1) Floor Of A Garage: In all R districts, the floor of a garage shall be at least one and one -half feet (11 /2') above the street grade at the curb unless a deviation is granted by the public works director upon determination that a lower elevation is appropriate. (2) Garage Doors: No more than thirty six (36) lineal feet of garage door per structure, measured horizontally, may be installed to provide access to any private garage or other accessory building space on a single or two - family residential property a double wide and a single wide garage door, or three (3) single wide garage doors shall be permitted. More than thirty six (36) lineal feet of garage door may be provided by Conditional Use Permit when such additional garage door exposure is not visible from a public street or from surrounding residential property. (3) Height: No garage doors over nine feet (9') in height shall be permitted. (4) Use: No use of the garage shall be permitted other than private residential noncommercial use. 2. Accessory structures (other than detached, private garages) in all residential districts: a. Number And Size - No detached accessory building shall exceed the following size allowances: (1) Accessory buildings (other than detached, private garages) shall not cxcccd one thousand (1,000) square feet. (1) Property is four (4) acres or less *: One accessory structure with the area not to exceed one hundred forty four (144) square feet is permitted. (2) Property is more than four (4) acres *: Up to two accessory structures, with a total area not to exceed 440 square feet are permitted. Total arca cannot cxcccd four hundred twenty five ('125) square feet, provided: pg 105 (A) No more than three (3) ccessory structures may be erected. In computing the area of the property on which an accessory structure is to be located, any part which is a lake or a wetland, as defined in any city ordinance or by state or federal law, any part which is subject to an easement for a street, alley or private roadway, and any part which is in the critical area and below the "bluff line ", as defined in chapter 3, "Critical Area Overlay District ", of this title shall be excluded. (3) A detached accessory building which is not a private garage may be constructed larger than the allowances in this section by Conditional Use Permit, provided that in no case shall such building be larger than one thousand (1,000) square feet of total floor area. b. Through Lots: All accessory buildings greater than one hundred forty four (144) square feet on through lots located in R districts shall require a conditional use permit. Adopted and ordained into an Ordinance this - -- day of - -- 2013. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST Lorri Smith, City Clerk pg 106 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231 .2555 Facsimile: 763.231 .2581 planners@nacplanning.com MEMORANDUM TO: Mendota Heights Planning Commission FROM: Stephen W. Grittman DATE: May 23, 2013 MEETING DATE: May 28, 2013 SUBJECT: Zoning Ordinance Amendment — Garage Size Regulations CASE NO: Case No. 2013 -07; NAC Case 254.04 - APPLICANT(S): City of Mendota Heights LOCATION: NA ZONING: NA GUIDE PLAN: NA Background and Description of Request: Over the past few months, the Commission has been reviewing and discussing options for amending the zoning ordinance regulations related to garage size. Attached to this memorandum is the most recent draft of language that addresses these changes. The basics of the proposed amendment are as follows: • Specify that accessory structures must be architecturally compatible with the principal building. • Allow, by Conditional Use Permit, more than one garage structure on a residential property. Thus, a single family home could, by CUP, construct up to 1,500 square feet of attached garage space, and also a detached garage that meets the standards for such buildings. pg 107 • Change detached garage requirements to permit up to 650 square feet of floor area as a permitted use, rather than the previously required Conditional Use Permit. • Allow, by Conditional Use Permit, detached garages from 650 square feet up to 1,500 square feet, but no more than either of the following two limitations: o 10% of the rear yard area; or o Equal to the foundation footprint area of the principal home (this standard raised some concerns at the previous Commission meeting). • Change the current regulations relating to garage doors from the number of doors to an allowance of up to 36 lineal feet of garage door per structure. • Allow, by Conditional Use Permit, more than 36 lineal feet of garage door when the doors are not visible to street or neighbors. • Change the "Accessory Building" reference standards to clarify the number of small accessory buildings. • Specify that non - garage accessory buildings may be constructed larger than the size of sheds by Conditional Use Permit. With these changes, residential parcels would be able to increase the amount of garage area on their property, but in almost all cases, the CUP provisions would allow the City to manage this construction to fit the circumstances of the neighboring area. As noted, certain of these draft provisions raised some concern from various members of the Commission, and are included here to ensure a full discussion of the ideas that have been brought forward. Action Requested: Following a public hearing, the Planning Commission may recommend one of the following actions: 1. Approval of the amendment to the zoning ordinance as presented, or as amended by the Commission, incorporating a finding that the regulations would continue to protect the residential character of the City's neighborhoods, and provide better opportunities to enclose automobiles and other personal property to avoid outdoor storage. 2. Denial of the amendment to the zoning ordinance, based on a finding that the current regulations do the best job of implementing the Commission intent related to the Comprehensive Plan and maintain the distinctions between reasonable and unreasonable uses of residential property. 3. Table action on the amendment, pending additional information from staff or others. pg 108 Staff Recommendation: Staff recommends the amendment as reflective of the changing needs of single family residential land uses, and the value in protective neighborhoods from the impacts of outdoor storage of equipment, vehicles, and personal property. The proposed regulations are intended to provide flexibility to property owners in meeting their storage and parking needs, with the balance of ensuring that residential garages do not overwhelm the properties, or the neighboring properties, in which they are located. Supplementary Materials: 1. Draft ORDINANCE NO. 454, AN ORDINANCE AMENDING TITLE 12 CHAPTER 1 OF THE CITY CODE PERTAINING TO GARAGES. pg 109 1101 Victoria Curve I Mendota He 651.4521850 phone I 651.45 www.mendota-heights.cc CITY OF MENDOTA HEIGHTS APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Case No. ww3 Date of Application 5( 6( 3 Fee Paid Staff Initials Street Location of Property in Question: Applicant Name: Jake Sedlacek PH: 651.255.1142 E -Mail Address: lakes cx,mendota- heights.com Address: 1101 Victoria Curve, Mendota Heights 55077 Property Owner Name: Property Owner Address: Legal Description & PIN of Property: (Complete Legal from Title or Deed must be provided) AirrMc c J c cx�Q , - :..;1 4 (INCA-AO-eV d- -01-c.r C/,,s ceOr ry . Type of Request: Rezoning Variance Conditional Use Permit Subdivision Approval Conditional Use Permit for P.U.D. Wetlands Permit Preliminary /Final Plat Approval Critical Area Permit Comprehensive Plan Amendment X Other: Zoning Amend. pplicable City Ordinance Number i2_ Section resent Zoning of Property Present Use I hereby declare that all statements made in this request and on the additional material are true. I further authorize City Officials and agents to inspect the above property during daylight hours. Signature of Applicant cCL Signature of Owner Date Si(k(t3 Date Signature of Owner (if more than one) Date 1101 Victoria Curve Mendot eights, MN 55118 651.452.1850 phone Fg652.8940 fax www.mendota- heights.com CITY OF MENDDTA HEIGHTS May 6, 2013 Planning Commission 1101 Victoria Curve Mendota Heights, MN 55118 Dear Planning Commissioners: Attached is a planning application by the City of Mendota Heights which proposes amending city code pertaining to signs. The amendment is intended to modernize language in the code. The proposed changes would have impacts in all zoning districts. Sincerely, Jake Sedlacek Asst. to the City Admin. FSC FSCA C009042 MIX Paper from responsible sources pg 111 CITY OF MENDOTA HEIGHTS NOTICE OF HEARING A PUBLIC HEARING ON A REQUEST FOR A ZONING AMENDMENT PERTAINING TO GARAGES AND ACCESSORY STRUCTURES TO WHOM IT MAY CONCERN: NOTICE is hereby given that the Planning Commission of Mendota Heights will meet at 7:00 P.M., or as soon as possible thereafter, on Tuesday, May 28, 2013 in the City Hall Council Chambers, 1101 Victoria Curve, Mendota Heights, Minnesota, to consider an amendment to City Code pertaining to garages and accessory structures in the residential zoning classification. This request has been assigned Planning Case number 2013 -07. This notice is pursuant to Title 12 (Zoning), Chapter 1 of the Mendota Heights City Code. Such persons as desire to be heard with reference to this request will be heard at this meeting. Lorri Smith City Clerk