2013-12-03 Council PacketCITY OF MENDOTA HEIGHTS
CITY COUNCIL AGENDA
December 3, 2013 — 7:00 pm
Mendota Heights City Hall
1. Call to Order
2. Roll Call
3. Pledge of Allegiance
4. Adopt Agenda
5. Consent Agenda
a. Acknowledgement of November 5, 2013 City Council Minutes
b. Acknowledgement of November 19, 2013 City Council Minutes
c. Approval of Out -of -State Travel Request
d. Approval of 2013 Audit Engagement Letter
e. Approval of City Hall Carpet Replacement Project
f. Approval of Personnel Code Amendment — Harassment, Discrimination and Respectful
Workplace Policy
g. Approval of Bike Donation to Bikes for Kids
h. Approval of Traffic Control Signal Agreement for Lexington Avenue and Highway 110
i. Approval of Personnel Action Report
j. Approval of Plan of Dissolution for Gun Club Lake Watershed Management Organization
k. Approval of Retirement, Paul Berg — Code Enforcement Officer /Building Official
I. Approval of Commission Reappointment Process and Authorize Advertisement for
Commission Vacancy
m. Receipt of November Building Activity Report
n. Approval of Claims List
o. Approval of Contractor List
6. Public Comments
7. Presentations
a. Recognition of Dakota County Regional Chamber of Commerce Business Excellence
Award — Michelle McGlade, Bellacu Health Clinic
8. Public Hearings
a. 2014 Tax Levy and Budget
9. New and Unfinished Business
a. Consideration of Social Host Ordinance No. 455
b. Consideration of Amendments to Tobacco Ordinance No. 458
c. Resolution 2013 -83, Establishing a Policy for Tobacco Ordinance Violations
10. Community Announcements
11. Council Comments
12. Adjourn
page 2
5a.
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, November 5, 2013
Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota
Heights, Minnesota was held at 8:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights,
Minnesota.
CALL TO ORDER
Due to the election, Mayor Krebsbach called the meeting to order at 8:00 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 presented the agenda for adoption. Councilmember Duggan moved adoption of the
agenda.
Councilmember Povolny seconded the motion.
Ayes: 5
Nays: 0
CONSENT CALENDAR
Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and
approval. City staff recommended that item 31. be removed from the agenda. Councilmember Duggan
moved approval of the consent calendar as presented and authorization for execution of any necessary
documents contained therein, pulling items j) Approval of Wetland Delineation Report for Southview
Design Property.
a. Acknowledgement of October 15, 2013 City Council Minutes
b. Acknowledgement of October 15, 2013 City Council /Planning Commission Workshop Minutes
c. Acknowledgement of October 22, 2013 Planning Commission Minutes
d. Acknowledgement of October 29, 2013 City Council Workshop Minutes
e. Receipt of September 2013 Fire Department Synopsis Report
f Approval of Personnel Action Report
g. Approval of Christmas Eve Floating Holiday Designation
h. Approval of Massage Therapist License
page 3
i. Planning Case 2013 -18, Approving Conditional Use Permit for Wireless Antenna Modification at
1897 Delaware Avenue (Sibley High School), Resolution 2013 -92
. Approval of Wetland Delineation Report for Southview Design Property
k. Approval of Payment for Stormwater Improvements to Gartzke Construction
1. Pulled from agenda per staff's request (Resolution 2013 -81)
m. Thermal Imaging Camera and Lukas Combination Tool Purchases
n. Purchase of Turnout Gear
o. Approval of September Treasurers Report
p. Approval of Claims List
q. Approval of Contractor List
r. Approval of Building Activity Report
Councilmember Povolny seconded the motion.
Ayes: 5
Nays: 0
PULLED CONSENT AGENDA ITEMS
J) APPROVAL OF WETLAND DELINEATION REPORT FOR SOUTHVIEW DESIGN PROPERTY
Mayor Krebsbach stated that the correct name of this property is "Spearhead Rugby Property" and
requested that the title be corrected. City Administrator Justin Miller replied that it would be corrected
but also noted that the property is under contract with Southview Design Property.
Councilmember Duggan noted the list of respective agencies that would receive the Notice of Decision
and asked if the Department of Natural Resources is covered by this. Assistant City Engineer Ryan
Ruzek replied that he had inadvertently left the DNR off the list, but they will be noticed.
Mayor Krebsbach requested that Mr. Ruzek explain what `wetland delineation' is. Ruzek explained that
the City is the local government unit for the Wetland Conservation Act. When any wetland items are
presented to the City they have to follow state and federal guidelines. A wetland report was submitted
for this site on Pilot Knob Road, and it states that there is not a wetland on the parcel; however, some of
the older federal data under the national wetland inventory did show that there could potentially be a
wetland on this parcel. The potential developer hired a specialist to investigate the site and they did not
encounter any wetlands. Once Council acts on this delineation request, a Notice of Decision will be sent
to all of the other agencies and this parcel would be removed from the list of wetland parcels.
Councilmember Duggan moved to accept the Wetland Delineation Report for Spearhead Rugby
Property, parcel ID #27- 03300 -01 -004.
Councilmember Petschel seconded the motion.
Ayes: 5
Nays: 0
PUBLIC COMMENTS
There were no public comments
page 4
PUBLIC HEARING
A) VICTORIA / ROLLING GREEN NEIGHBORHOOD STREET IMPROVEMENT PROJECTS,
RESOLUTION 2013 -96
Assistant City Engineer Ryan Ruzek explained this project is proposed to have a complete
reconstruction of Victoria Road, as well as the street rehabilitation of Coventry Court, Oxford Court,
Rolling Green Curve, Stratford Road, Walsh Lane, and Windwood Court. Staff sent a questionnaire to
the residents and Mr. Ruzek listed the major issues that were reported from the residents.
Mr. Ruzek then gave a brief history of the construction and maintenance of the project roads, a
description of the current conditions and specifications, and the proposed improvements to the roads and
trails, proposed to be completed in 2014.
Adding 20% for indirect costs for legal, engineering, administration, and finance (approximately
$660,000) brings the project total costs to approximately $3.9 million. Funding sources would include
Special Assessments, Bonds, the MSA Account, and the Water & Utility Fund.
The City's assessment policy for a street reconstruction would be to assess the benefiting property
owners fifty percent of the assessable costs. The City would pay the entire costs for the storm sewer,
water main replacement, and other appurtenant work.
The properties in the street rehabilitation area had already been assessed for curb and gutter so the City
would pick up current curb and gutter costs, sod restoration, and other appurtenant work; however, the
street and other improvement costs would be assessed to the benefiting property owners.
City Engineer John Mazzitello shared five phasing options for handling this large of a project:
1. Do nothing
2. Do rehabilitation section only
3. Do rehabilitation section and North Victoria (Marie to Lilydale border) reconstruction (Phase 1)
4. Do rehabilitation section and South Victoria reconstruction (Phase 2)
5. Total build (all of Victoria and the rehabilitation sections)
Councilmembers asked questions pertaining to the phasing options, the varying widths of the streets,
levy impacts of the various phases, and what the increased costs would be between option three and
option five.
Mayor Krebsbach asked about the water main installation, if it was decided to reconstruct Victoria in
two phases. City Engineer John Mazzitello replied that the installation of the new water main would
occur just like with any other project; it would terminate at Marie in the first phase, and pick up at Marie
and go south to Kay Avenue. He also stated that he does not foresee any issues with completing the
project in two phases.
Mayor Krebsbach opened the public hearing.
Ms. Patrice Walsh, 1900 Victoria Road, submitted a petition from the townhome association objecting
to the reconstruction of Victoria Road. The reasons for the objection are 1) the high proposed
page 5
assessment costs, and 2) the addition of curbs to Victoria Road. They object to the addition of curbs
because they would be losing the parking option for guests.
Ms. Walsh read comments from Mr. John Pittman, who signed the petition but was unable to attend the
meeting, so they could be added to the record. Mr. Pittman believes the project is unnecessary.
Mr. Alan Stombaugh, N. Victoria Road, stated that he was very much opposed to the project and his
name is on the petition. He commented he enjoys the rural character of this area. He questioned the
value of curbs and stated that he has concerns about parking along Victoria Road.
Mr. Marty Evans, 2015 Victoria Road South, explained he purchased his home because of the rural
characteristic of the neighborhood. He would prefer no curb and gutter, but is in favor of the
rehabilitation to Victoria Road. He stated the proposed assessment amount may be difficult for some.
At this point, Mayor Krebsbach requested that Finance Director Kristen Schabacker explain the option
of deferment. Ms. Schabacker noted for clarification that a deferment is not a forgiveness of the debt.
The debt would remain, accruing interest, until the property changes ownership.
Ms. Rita Marquardt, 1824 Victoria Road South, asked how the costs would be assessed to the property
owners. Mayor Krebsbach replied that a resident could pay off the assessment in full or the assessment
could be put on their property taxes, payable over nineteen years. Ms. Schabacker further explained that
there would be an assessment hearing once the project is substantially completed.
Mr. Fred Wysoki, 1900 Victoria Road South, president of the townhome association, reiterated that the
association is unanimously against the project. They have one driveway onto Victoria; however, all
nineteen units would be charged the full assessment amount. Most of the residents are elderly or retired
and this would be a hardship for them.
Mayor Krebsbach asked if there is an option available to just resurface Victoria Road. Mr. Mazzitello
replied that the road, which was constructed in the 1950's, has reached the end of its lifespan. It has been
resurfaced twice already and needs to be reconstructed all the way down to the base. If it was just
resurfaced, it would still require a complete reconstruction in a couple of years.
Ms. Cindy Johnson, 1755 Victoria Road South, expressed her appreciation to the engineering
department for their thorough communications with the residents. She stated she is in support of the
project as proposed as it is a much needed project. She appreciated having to only pay twenty -five
percent of the project costs as opposed to what would have been the normal fifty percent. She did not
believe that adding curb and gutters would change the rural feel of the area because of the amount of
trees. She proposed adding more trees and landscaping to the area as a traffic calming option.
Mr. Paul Rammer, 1951 Victoria Road South, expressed his appreciation to staff for their
communications regarding the project. However, he did take some issue with the installation of curbing
because of the need to continually clear the debris so the water can drain. Engineering staff stated that
they would look at the catch basin on his property along Kay Road to see what is causing the blockage.
page 6
Mr. Rammer also stated he moved to this area from Highland Park simply because of the rural character.
Mayor Krebsbach replied that she believes the City has done a fantastic job of keeping the `across the
river' feel of the community and did not believe that curb would change that; the same as it did not
change the feel of Hunter Lane and Wagon Wheel.
Mr. Rammer stated concerns at the amount of the proposed assessment and does not believe he will ever
get that value from his property. Mr. Mazzitello explained that assessment values have remained
consistent for the past several years. Appraisals have been done on past projects that show the benefit of
the improvement is consistent with the amount that would be assessed to the property.
Councilmember Duggan asked for the past assessment costs of the Hunter, Wagon Wheel, and Furlong
reconstructions. Mr. Mazzitello replied that the assessments for Orchard Place/Hunter Lane was $8,850,
Lemay Lake Road/Furlong was approximately $8,700 but was lowered due to the bid prices received to
approximately $6,300, and Wagon Wheel was $8,500.
Mr. Paul Resell, 1823 Victoria Road South, entered a petition that he be included with the Rolling Green
property group. He paid $10,800 for total reconstruction as part of the Rolling Green Addition. Now he
is being pulled out of that pool of people who are being asked to pay an assessment of $4,000 for
rehabilitation, while he is being asked to pay for reconstruction of $9,000. Staff replied that they would
research this.
Ms. Laurie Garcia and Mr. Carlos Garcia, 956 Douglas Road, also stated they appreciate how the
engineering department has been answering their questions. They moved into their home within the last
year and are in support of the project.
Mr. Eric Pasternack, 1854 Walsh Lane, put in a plug for the rehabilitation of Walsh, Oxford, Stratford,
and the cul -de -sacs as he and his neighbors would like to see the rehabilitation done.
Councilmember Duggan expressed his desire to continue the public hearing to the next meeting, based
on the amount of information just received from staff regarding the different phasing options of the
project and the wishes and desires of the residents given.
City Attorney Andrew Pratt explained that state statutes will allow the Council to continue the public
hearing to a later date, however, the statute does specify that the Council has six months from the time
the public hearing begins to order the improvements.
Councilmember Duggan moved to continue the public hearing to the Council's next meeting to be held
on November 19, 2013.
Councilmember Povolny seconded the motion.
Ayes: 5
Nays: 0
Councilmember Duggan asked for the number of other homes on Victoria, outside of the home
association. Mr. Mazzitello replied that the townhome association has 17 units and there are 59 total
assessable units on Victoria Road; leaving 42 assessable units outside of the association.
page 7
UNFINISHED AND NEW BUSINESS
A) REVIEW OF OCTOBER 1, 2013 TRAFFIC SAFETY COMMITTEE
RECOMMENDATIONS, APPROVAL OF RESOLUTION 2013 -77
City Engineer John Mazzitello explained that the Traffic Safety Committee met on October 1, 2013
prior to the City Council meeting with two items for discussion. The first was a request to review the
speed on Decorah Lane. The Traffic Safety Committee is making the recommendation that the speed
cart be utilized to do some targeted measuring of volumes and speeds. This new data can then be
compared to the 2008 data that was collected. There is no Council action necessary on this item at this
time.
Councilmember Petschel provided feedback from some residents who are willing to have "slow
children" signs installed on their property.
Mr. Mazzitello continued by stating the Traffic Safety Committee reviewed a request for parking
restrictions on the east side of Warrior Drive, adjacent to Henry Sibley High School. A number of
residents came to the Council meeting on September 17, 2013 to talk about the parking and the impacts
to the residences along Warrior Drive. The committee took a look from an area perspective if they were
to prohibit parking on the east side of Warrior Drive and felt that the parking would move into adjoining
neighborhoods.
The committee was hesitant about approving a full -out parking restriction on the east side of Warrior
Drive and the discussion was moved into the root cause of the issue; Henry Sibley High School charges
students to park in the student lot and that it is quite likely that the citizens parking on Warrior Drive are
students who are unwilling to pay the parking fee for the student lot. The committee concluded that a
recommendation to Council would be to make a formal request to the school district to address this
concern of the residents. Since that time, the school district has striped the athletic field lot on the
southeastern corner of the Henry Sibley property — just off of Delaware and Mendota Road — for student
parking free of charge. The committee recommends adoption of the resolution requesting that the school
board continue to take measures to help alleviate residents' concerns.
Mayor Krebsbach asked about how the no parking restrictions are enforced on the road that is owned by
Henry Sibley High School. Chief Aschenbrener replied that the police would hand out handicapped
parking violations and fire lane violations; but the enforcement of the no parking restrictions would be
handled by the school who could call for a tow truck to remove the vehicle.
Councilmember Duggan moved to adopt RESOLUTION 2013 -77 RESOLUTION FORMALLY
REQUESTING ACTION BY INDEPENDENT SCHOOL DISTRICT 197 TO ALLEVIATE
RESIDENT CONCERNS DUE TO ON- STREET PARKING ON WARRIOR DRIVE.
Councilmember Norton seconded the motion.
Mr. Stuart Simek, 577 High Ridge Circle, stated that the concern of the residents was the under -
utilization of a parking lot that was constructed and paid for by the taxpayers.
page 8
Mayor Krebsbach called for the vote.
Ayes: 5
Nays: 0
Councilmember Petschel asked for a status update from the Traffic Safety Committee after their next
quarterly meeting. If at that time it is discovered that the school has not taken any additional steps to
remediate the issue, it would be brought back to the Council.
B) PLANNING CASE 2013 -16, ACCESSORY STRUCTURE SETBACK VARIANCE, 2471
POND CIRCLE EAST, APPROVAL OF RESOLUTION 2013 -91
Planner Nolan Wall stated the applicants are requesting a variance for an accessory structure within the
required thirty foot setback from a public street. Currently, there is a ten by fourteen foot structure that
was constructed without a building permit or zoning approval, approximately twelve feet from the
property line along Pond Circle West. The applicants are seeking to remedy that violation by applying
for a variance. They have also proposed an alternative location for that accessory structure that would
meet the setback requirement. The accessory structure is substantially complete.
Mr. Wall shared the standard reviews that would apply if this variance request was approved. If the
variance is not granted, the applicants are requesting to have until next spring to relocate the structure.
The Planning Commission recommended approval of this variance request based on the findings of fact.
Councilmember Duggan moved to adopt RESOLUTION 2013 -91 A RESOLUTION APPROVING AN
ACCESSORY STRUCTURE SETBACK VARIANCE AT 2471 POND CIRCLE EAST.
Councilmember Norton seconded the motion.
Mr. Ken Paquin, 2471 Pond Circle East, explained why he placed the shed in its current location and
that moving it to the location that would fit the requirements would make it very noticeable to the
neighbors.
Mayor Krebsbach requested thoughts from City Attorney Andrew Pratt, who stated that the Findings of
Fact were in order for denial or approval.
Mayor Krebsbach called for the vote.
Ayes: 5
Nays: 0
page 9
C) PLANNING CASE 2013 -19, FRONT AND SIDE YARD SETBACK VARIANCES, 912
ADELINE COURT, APPROVAL OF RESOLUTIONS 2013 -93 AND 2013 -94
Councilmember Povolny stated he would abstain from the discussion and voting on this item, as he has a
conflict of interest.
Planner Nolan Wall explained that the applicant is requesting variances for a covered front porch
encroachment in the front yard setback and a garage expansion encroachment in the side yard setback.
The proposal is to extend the front porch from the garage roof line across the entire structure. The
encroachment would be one foot four inches into the 30 -foot front yard setback requirement. The curved
cul -de -sac street frontage is what is causing the curved setback line in relation to this property. The
encroachment is minimal and is offset by areas of the same frontage which is greater than the
requirement.
The second variance request is for the garage, with a 6.5 foot addition on the east side of the structure.
The proposed extension is needed to create three vehicle stalls in the garage. Currently the garage has
three doors but only 2.5 vehicle stalls. The encroachment would be three feet three inches into the ten
foot side yard setback area. It is a reasonable use for storage of vehicles and equipment. The proposed
addition would leave six feet nine inches between the garage and the property line. As noted in the staff
report, expansion could incur without the encroachment but not enough to realize the full potential of
having three full stalls. The neighborhood does include a mix of two and three car garages.
The Planning Commission recommended approval of the front porch variance request based on the
Findings of Fact and recommended denial of the garage addition variance based on the Findings of Fact.
Councilmembers asked questions pertaining to any objections from neighbors and the presence of utility
or other types of easements between the applicant and neighbor on the side with the garage.
Mr. Jim Povolny, 912 Adeline Court, applicant, addressed the situation of his neighbor's house in
relation to his, the setback requirements, aesthetics, and the acceptance from his neighbors.
Councilmember Duggan moved to adopt RESOLUTION 2013 -93 A RESOLUTION APPROVING A
COVERED PORCH SETBACK VARIANCE AT 912 ADELINE COURT.
Councilmember Norton seconded the motion.
Councilmember Duggan expressed his discomfort with number six of the resolution as being
speculative. City Attorney Andrew Platt supported this assertion and recommended it be removed from
the resolution.
Councilmember Duggan also questioned number four of the resolution. Planner Wall addressed his
question by stating that the bulk of the covered porch is well within the setback requirements.
page 10
Councilmember Duggan amended his motion to adopt RESOLUTION 2013 -93 A RESOLUTION
APPROVING A COVERED PORCH SETBACK VARIANCE AT 912 ADELINE COURT WITH
THE DELETION OF ITEM SIX OF THE RESOLUTION.
Councilmember Norton seconded the amended motion.
Ayes: 4
Abstain: 1 (Povolny)
Nays: 0
Councilmember Duggan moved to adopt the RESOLUTION 2013 -94 APPROVING A GARAGE
SETBACK VARIANCE AT 912 ADELINE COURT with the following findings of fact:
1 The proposed garage expansion is a reasonable use of the subject property.
2. The proposed garage expansion will provide for three full vehicle stalls as the existing garage
design appears to provide.
3. The proposed garage expansion can not be accommodated within the required setbacks due to
the irregular shape of the lot and the angle of the existing home and garage relative to the east
property line.
4. The setback encroachment is minimal, and is offset by areas of the garage in which the setback is
greater than the requirement.
Councilmember Norton seconded the motion.
Ayes: 4
Abstain: 1 (Povolny)
Nays: 0
D) PLANNING CASE 2013 -20, WETLAND PERMIT, 1562 WACHTLER AVENUE AND
755 WENTWORTH AVENUE, APPROVAL OF RESOLUTION 2013 -95
Councilmember Povolny rejoined the Council meeting.
Planner Nolan Wall explained that this is an after - the -fact wetland permit for removal of vegetation and
grading at 1562 Wachtler Avenue and 755 Wentworth Avenue. The applicant is the resident at 777
Wentworth Avenue and the work was completed with permission from the owners of the properties
impacted. The area of disturbance is within 100 feet of a wetland or water resource area, which requires
a wetland permit.
Wetland permit applications are typically handled administratively, but due to the after - the -fact nature
and because it occurred on multiple properties, staff felt that a public hearing was required at a Planning
Commission level.
When staff became aware of this project, the owner was ordered to cease work immediately and address
the erosion control and permitting issues. The applicant was very responsive to staff's concerns and
installed a silt fence almost immediately after he was notified. Written statements were requested from
the impacted properties to make sure they knew what was going on and what their level of
understanding of the project was. The applicant also provided additional responses to comments made at
the Planning Commission meeting.
page 11
The applicant removed dead and dying Elm and Ash trees in order to allow for growth of existing Birch
and Maple trees; he also planted some additional trees in the area, and seeded. He also did some minor
grading to create a new berm.
The Planning Commission recommended approval of the wetland permit with the conditions that the
applicant establish and maintain a wild growth buffer area of at least twenty -five feet, that wild mix
seeding is planted this fall, and that the silt fence remains until the vegetation is established as
determined by the City's engineering department.
Mr. Ed Sweeney, 777 Wentworth Avenue, explained how the project came to be. He also expressed his
appreciation to city staff.
Councilmember Duggan moved to adopt RESOLUTION 2013 -95 A RESOLUTION APPROVING A
WETLAND PERMIT FOR REMOVAL OF VEGETATION AND GRADING AT 1562 WACHTLER
AVENUE AND 755 WENTWORTH AVENUE.
Councilmember Povolny seconded the motion.
Ayes: 5
Nays: 0
COMMUNITY ANNOUNCEMENTS
Assistant to the City Administrator Tamara Schutta made the following announcements:
November 15 is Date Night for the 65th Annual Firefighters Dance. Tickets are available at City Hall at
$20 for two tickets. Music to be provided by High & Mighty.
Winter parking rules are now in effect. Parking is not allowed on streets between 2:00 a.m. and 6:00
a.m. Parking is also limited to no more than 30 minutes during a snow fall of at least two inches.
Officer Denise Urmann is heading up the Toys for Tots campaign. Unwrapped new toys can be dropped
off at City Hall. The Police Department and Reserves will be taking the toys to KARE 11 studios on
December 21.
City Hall offices are closed on Monday, November 11 in honor of Veterans Day.
COUNCIL COMMENTS
Councilmember Petschel noted that she and Councilmember Povolny attended the Henry Sibley /St.
Thomas Academy playoff football game. A great time was had by all — Henry Sibley resoundingly won.
Their next game is November 8 against Brainerd, at St. John's University.
Councilmember Norton expressed his appreciation to Paster Enterprises for allowing the use of the
Mendota Plaza area for the Halloween Bonfire.
page 12
Councilmember Duggan expressed his appreciation to the Fire Department for all of the work they have
done year- after -year providing all of the treats for the kids at the bonfire and for putting on the dance.
Councilmember Duggan also complimented Planner Nolan Wall for providing some of the best
presentations and reports he has seen in a long time. He also expressed his appreciation of hearing from
the residents in support of the good work the engineering staff is doing.
Councilmember Duggan shared a thank you from Mr. Steve Watson to Mayor Krebsbach for the
wonderful letter she sent to him.
Mayor Krebsbach had a great vacation visiting her husband's family in Texas and saw the
Cowboy /Vikings football game. She also expressed her appreciation to Paster Enterprises for hosting the
bonfire, and she noted that Howard Paster's grandmother passed away.
Mayor Krebsbach commended the staff for their diligent and thorough work, and her fellow
Councilmembers. The City is seeing the benefits of everyone working together.
Councilmember Norton noted that Visitation St. Thomas Academy [VISTA] organization has their Gifts
of the Magi performances the next two weekends.
City Administrator Justin Miller reported the results of the school board election.
ADJOURN
Councilmember Duggan moved to adjourn.
Councilmember Petschel seconded the motion.
Ayes: 5
Nays: 0
Mayor Krebsbach adjourned the meeting at 11:04 p.m.
Sandra Krebsbach
Mayor
ATTEST:
Lorri Smith
City Clerk
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, November 19, 2013
page 13
5b.
Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota
Heights, Minnesota was held at 7:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights,
Minnesota.
CALL TO ORDER
Mayor Krebsbach called the meeting to order at 7:00 p.m. The following members were present:
Councilmembers Duggan, Povolny, and Norton.
Councilmember Petschel was absent.
PLEDGE OF ALLEGIANCE
Council, the audience, and staff recited the Pledge of Allegiance.
AGENDA ADOPTION
Mayor Krebsbach presented the agenda for adoption. Councilmember Duggan requested an addition to
the agenda: 9c — Discussion of Warrior Drive Parking. Councilmember Norton moved to approve the
amended agenda.
Councilmember Duggan seconded the motion.
Ayes: 4
Nays: 0
Absent: 1 (Petschel)
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, tabling item a.
a. Acknowledgement of November 5, 2013 City Council Minutes
i. Councilmember Duggan requested that the Findings of Fact for RESOLUTION 2013 -94
APPROVING A GARAGE SETBACK VARIANCE AT 912 ADELINE COURT be added to
the minutes as they were brought up at the Council Meeting. After discussion Councilmembers
agreed to table the Acknowledgement of November 5, 2013 City Council Minutes until the next
Council meeting.
b. Acknowledgement of November 12, 2013 Parks and Recreation Commission Minutes
c. Acknowledgement of November 13, 2013 Airport Relations Commission Minutes
d. Receipt of October 2013 Fire Department Synopsis Report
e. Approval of Resolution 2013 -82 Accepting Gift to Police Department from Arlean Mertensotto
f Approval of Resolution 2013 -97 Recycling Grant Joint Powers Agreement
g. Receipt of October Mendota Heights Par 3 Report
page 14
h. Approval of Resolution 2013 -84 Final Payment, Lemay Lake Neighborhood Street Improvement
Project
i. Receipt of October Treasurer's Report
j. Approval of Claims List
k. Approval of Contractor List
Councilmember Povolny seconded the motion.
Ayes: 4
Nays: 0
Absent: 1 (Petschel)
PUBLIC COMMENTS
There were no public comments.
PRESENTATIONS
A) POLICE DEPARTMENT AWARDS RECOGNITION
Chief of Police Michael Aschenbrener shared a brief background on the Mendota Heights Police
Department Award recognition program, which began in 1999. Representatives from the City of
Lilydale and the City of Mendota were also present. The awards handed out were as follows:
Chaplain Program
Sergeant Brian Convery gave a quick overview of the Chaplain Program, which the police department
has had in conjunction with the City of West St. Paul's police department since 2003. The program has
been recently upgraded and as part of that upgrade, it was decided to have a formal swearing in
ceremony for the Chaplains and to issue each of them a badge to aid in identification when they arrive at
a scene. Those honored were:
1. Chaplain Butch "Chap" Millet, serving since 2003
2. Pastor John Snider, serving since 2003
3. Pastor David Wick, serving since 2003
4. Chaplain Frances Cuenca, serving since 2006
5. Chaplain Lynn Liberman, serving since 2007 and is the units liaison to the police department
6. Chaplain Sue Plucker, serving since 2012 and is the assistant to Chaplain Lynn Leberman
7. Chaplain Joel Detlefsen, serving since 2012
8. Support Chaplain Alberto Vargas, serving since 2006
9. Support Chaplain Father Rodrigue Constantine, serving since 2013
10. Father Linnie Andre, being sworn in as a new member to the program
Sergeant Convery also recognized Sergeant Tom Fangel and Chief Bud Shaver from West St. Paul.
Mayor Krebsbach gave the oath of office and handed out the badges.
The Mendota Heights Police Department Reserve Program
Mr. Jerrod Spicer was recognized with a token of appreciation for all of the time and energy he gave to
the department as a volunteer. He currently has a successful career outside of the police department.
page 15
Dakota County Chiefs of Police Association (DCCPA) Award of Honor
Officer Bobby Lambert was nominated by the Inver Grove Heights Police Department, and received the
Award of Honor for his integral part in peacefully resolving the call of a suicidal man with a gun in the
City of Inver Grove Heights. During that call, he worked with the Inver Grove Heights and the West St.
Paul officers to bring that call to a successful resolution with no one being hurt.
Officer Tanner Spicer was nominated by his partners and received the Award of Honor for his part in
successfully helping on a call that was started in another city involving a suicidal man hanging over the
edge of the I -35E overpass bridge.
Each officer was given a uniform pin from the City of Mendota Heights recognizing the Award of
Honor they had received from the DCCPA.
The Dakota County Traffic Safety Committee (DCTSC)
Sergeant Neil Garlock, as representative for the City of Mendota Heights on the DCTSC since its
inception in 2005, presented the City of Mendota Heights with an award from the DCTSC. The
DCTSC's main goal is to make it safer for citizens to drive across Dakota County. In their most recent
Observational Report, it was reported that 95% of the citizens of Mendota Heights were seen wearing
seat belts, which is one of the highest averages in the State of Minnesota.
The Mendota Heights Police Department Award
On May 22, 2013 there was a mudslide in the City of Lilydale where children were trapped. The City of
Mendota Heights monitored the call and went to assist. It was quickly determined that shovels and other
digging equipment would be needed.
Officer John Larrive, Officer Bobby Lambert, Sergeant Neil Garlock, and Sergeant Brian Convery (who
responded from home) were each awarded The Medal of Honor, the highest award given by the
department, for their selfless and heroic actions.
Also, the citizen's Medal of Merit was awarded to Mr. Theodore Zoccoli for his willingness to run and
grab shovels without delay to be turned over to the first responders for the rescue effort.
Chief Aschenbrener made it known that the City of Mendota Heights Police Department really played a
very small part in the resolution of this particular call. Without the Public Works Department, the Fire
Department, Dakota County Special Operations Team, West St. Paul, Inver Grove Heights, and South
St. Paul there would not have been as calm a resolution as was had.
PUBLIC HEARINGS
A) RESOLUTION 2013 -96 VICTORIA / ROLLING GREEN NEIGHBORHOOD STREET
IMPROVEMENT PROJECTS
(continued from November 5, 2013)
The public hearing regarding Resolution 2013 -96 Victoria / Rolling Green Neighborhood Street
Improvements Projects that was started at the November 5, 2013 City Council meeting remained open
and residents were encouraged to continue with their questions and comments.
page 16
Mr. Bob Momsen, 1900 Victoria Road, Unit P, stated that he and his wife have owned their townhome
for twenty -one years. He wished it to be known that the residents of Victoria Townhomes paid the entire
cost of reconstruction of their roads and curbs in 1999. Victoria Road is a major thoroughfare that is
used by a large percentage of Mendota Heights' residents. He mentioned that the run off from Victoria
Townhomes and Eagle Ridge drain into the pond so the gutters would not be a benefit to them.
In regards to the curbs benefiting the plow drivers, Mr. Momsen stated that in the twenty -one years he
has been residing there he has not seen any plow damage that the City has had to repair.
With the explanation that the road is crumbling with large chunks, Mr. Momsen explained that he
personally walked down by Victoria Road and failed to see any major problem areas. What he did
observe were large ugly rocks that were dumped in the ditch between Marie and Douglas Road. He also
observed that the City does not cut or kill the weeds.
He continued by stating that with a good resurfacing the road should last for a number of years.
Discussion occurred in response to Mr. Momsen's question in the letter sent previously regarding the
funding source for the curb and gutters. It was determined that the cost for the Victoria Street curb and
gutters was included in the street reconstruction costs.
Ms. Patrice Walsh, 1900 Victoria Road, added to her comments from November 5 by stating that she
walked Victoria Road and was surprised at the amount of frontage of that road that is not being assessed.
She shared an image of the area she created that included lines outlining the areas that are not owner
assessed for this project. According to her calculations, the property owners along Victoria Road that are
being assessed for this project only own 40% of the frontage of the road. The owners of the remaining
60% are not being assessed. She believes the best approach for funding this project would be to take the
entire project cost, take 40% of that cost and divide it up between the property owners.
City Engineer John Mazzitello explained that the street reconstruction policy that the City of Mendota
Heights adopted uses a unit assessment, as opposed to a frontage assessment. The unit assessment is
calculated by where a residents' driveway accesses the street. If a resident has a corner lot, they only get
assessed for the street that their driveway accesses. Most of the area highlighted on the drawing
provided by Ms. Walsh belongs to the State Department of Transportation. It is frontage along Highway
110 and I -35E. The other portion, towards the north end of Victoria on the east, is rear yards to
properties that access other streets. Based on the City's reconstruction policy, the unit assessment is only
applied to the properties whose driveway accesses the road. Under the financing that was in the
feasibility report, the assessed property owners on Victoria are paying 25% of the total project costs as
opposed to 40 %.
Ms. Walsh stated that she is not talking about 40% of the total project cost [$3.9 million], but 40% of the
street reconstruction portion only. She believes any other assessment would be unequitable and unfair.
Ms. Walsh continued by reading a letter that was sent to Council by the President of the Townhome
Association that referenced the League of Minnesota Cities 2011 Special Assessment Guide. A quote
from the guide reads "Special assessments reflect the influence of a specific local improvement on the
value of selected property. No matter what method the city uses to establish the amount of the
assessment, the real measure of benefit is the increase in the market value of the land because of the
improvement.... A special assessment that exceeds the special benefit is a taking of property without
fair compensation and violates both the Fourteenth Amendment of the United States Constitution and
page 17
the Minnesota Constitution." The smallest townhouse in the association measures 1,512 square feet with
a market value in the $200,000 range. The property market value adjustment from Dakota County lists
that property at $173,900. The letter continued by stating that the proposed $8,950 special assessment
must increase that townhome market value by 4.5% to be a legal assessment. It is believed by the
association that the district court would use this property to determine the maximum uniform assessment
for all properties levied.
Ms. Walsh continued reading and the association believes that another legal option is to appeal based on
the 29% of the proposed special assessment levy to the Victoria Townhome owners when they own only
3% of the total of the Victoria Road frontage. Another quote from the guide reads "Courts often uphold
special assessments based on evidence from a city's qualified and licensed appraiser ... However, in
recent unpublished opinions, the appellate courts have routinely upheld decisions that went against the
city because the district court found a lack of adequate evidence of a market value increase equal to or
exceeding the amount of the special assessment."
Ms. Walsh read the remaining portions of the letter, which stated the associations understanding that the
State of Minnesota, who owns approximately one -sixth of the Victoria Road frontage, would not be
assessed. The letter assured the Council that the association would pursue appealing this assessment to
district court.
In regards to the State of Minnesota property, City Attorney Tom Lehman replied that the State of
Minnesota can be assessed. However, the issue becomes whether or not the benefit applies to state -
owned property. What the City has done in the past is to negotiate with the State with regards to what
they would and would not pay with regards to an assessment.
Councilmember Duggan asked what the outcome has been in some of those negotiations. Attorney
Lehman answered that most of the time their understanding of the situation is that they have less of a
benefit than most homeowners to the assessment, so it is not dollar for dollar. In his observances, the
State has not said no to paying an assessment.
Mayor Krebsbach asked what the City could anticipate in the terms of amount of frontage or footage
they have along Victoria. Mr. Mazzitello replied that staff would have to make that calculation but under
the City policy, it is a unit assessment. The assessment calculation would have to change to a frontage
assessment. Based on preliminary calculations, if the City were to switch to a frontage assessment
calculation each individual properties owner assessment would go up from the $8,950 proposed. The
City assessed the State once, not on a right -of -way but on a lot that is owned by the State of Minnesota,
and after two months they simply refused to pay.
Mr. Ruzek further explained that if the City were to use a unit assessment, the property that the State has
along Victoria Road is not a developable parcel; so they would not be benefiting from the project. From
the county map, the property appears to be considered a right -of -way for Highway 110 and I -35E rather
than a parcel. It is questionable whether or not the City would be able to assess it as a unit.
Attorney Lehman explained that assessment calculations would have to be consistent so if they changed
it for one they would have to change it for everybody; and it sounds that going to a frontage assessment
would be more detrimental to the property owners than the unit assessment.
Mayor Krebsbach requested an explanation of the cost of the Victoria Road project and how much the
residents and everybody else in Mendota Heights are covering.
page 18
Mr. Mazzitello replied that the reconstruction of Victoria is estimated to be $2.1 million. Under City
policy, 50% of that would be what would be eligible for assessment, or approximately $1.05 million. For
the 59 units on Victoria, that assessment would be $17,872 per unit. The remaining 50% is already being
paid for by the rest of the City of Mendota Heights. The $8,950 figure that staff proposed as a unit
assessment represents 25% of the total construction costs. The rest of the City of Mendota Heights
would be bearing the cost of the other 75% of the project. The street reconstruction project includes the
road base, the road surface, curb & gutter, storm sewer, water main, and trail replacement.
Ms. Nancy Stanton, 1713 Victoria Road, has lived at her residence for seventeen years. Her main
concern is the widening of the street, parking, etc. making it so that people would drive even faster than
they are now and that the parking would obstruct the view from her home.
Mr. Ruzek shared an image of the proposed street location in front of Ms. Stanton's property and
explained that the actual street edge would be two or three feet further away from her home.
Mr. Ruzek then answered questions from Council on the general plan of the proposed project.
Councilmember Duggan asked for a response from staff on a concern expressed by the owner of 1900
Victoria Road on the fact that they have repaved, on their own dime, their street area. Mr. Ruzek replied
that the city views this area as a large private driveway, not as a public street.
Councilmember Duggan asked if staff has done a traffic count for the area. Mr. Ruzek replied that since
Victoria Road is a state aid route, the city is required to provide a traffic count on all state aid streets.
Mayor Krebsbach noted that Lexington Townhomes and a portion of Eagle Ridge were assessed when
Marie Avenue was done. She then asked about the Eagle Ridge driveway along Victoria Road. Mr.
Ruzek replied that Eagle Ridge Drive is not a driveway, it is a public street that was reconstructed last
summer and Eagle Ridge Condominiums were assessed at that time.
Ms. Walsh returned to the podium and stated that the issue that has not been addressed is the benefit test.
Mayor Krebsbach replied that the benefit test is a statute that the City would have to meet.
Mayor Krebsbach requested an explanation of residents' rights, when the assessment hearing is, and
when they have the right to appeal.
City Attorney Tom Lehman explained that there are basically two hearings, the preliminary hearing
which is being held currently, and the assessment hearing. At the assessment hearing, which residents
would receive notice of, residents would have an opportunity to present any objections they may have to
the actual assessment. Once that is done, then there are certain statutory guidelines that would need to be
followed with regards to appealing it to the district court; and, if still unsatisfied, to the appellate court.
Mayor Krebsbach, in response to the benefit test issue, asked for an explanation of when a property
would need to show the increase in value by the assessment amount. Mr. Ruzek replied that there are
appraisers available that can apply what a new street's value would be on a property, without the project
even being constructed. Mr. Mazzitello stated that two years ago there was a property appraised for post
construction benefit. That assessment value was $8,500 on a reconstruction project. The appraiser
determined that the value to the property over the life of the project was greater than the amount
assessed. The City has tried to keep the assessment amount on reconstruction projects in the same
page 19
ballpark from project to project, knowing that is what the appraiser came back with two years ago. The
`life of the post - construction project' would be approximately 20 — 25 years.
Councilmember Duggan also pointed out the assessment on this project, according to the figures given,
is at 25% of the total project; but the total project would be reflected in increased value — not just the
25 %. The property would be looked at what the value is today, and then what it would be worth with the
entire project being done — at the full cost, which is 100% and the owner is only paying 25% of the cost.
Ms. Walsh then shared comments from Ms. Ingrid Mattson, 2005 Victoria Road, who was not able to
attend the meeting. Ms. Mattson stated that she attended the last two meetings where the topic was
focused on the Victoria Road improvements and assessments and expressed her appreciation to the City
for keeping the residents informed. Everything was clearer to her after attending the meetings. Ms.
Mattson expressed that Victoria Road is a long road with different structural requirements due to the fact
that part of it is flat and part of it is hilly, etc. She fears that the City is painting the plans for this road
with one brush rather than taking into consideration the variations. She would rather keep it simple and
less costly by just repaving the road. However, she now has an appreciation for the structural work that
is needed. Therefore, she supports the City's proposal to dig up the water mains, etc. Ms. Mattson
understands the reasons given for the curbs, although she believes they have been used more as a
marketing tool to buy into this project rather than a necessity. She is concerned about the parking
situation. She requested that curb be installed only on the resident side of the road, leaving the State -
owned side curbless so people can park on the shoulder.
Ms. Mary Weinberger, 1814 Victoria Road South, asked if Victoria is a state road. Mr. Mazzitello
explained that Victoria Road is a city street that was taken from Dakota County. Victoria Road is one of
Mendota Heights' municipal state aid streets, so the City receives money from the Department of
Transportation to help maintain and rebuild Victoria. That has been reflected in the funding table.
Ms. Weinberger also asked if there has been any reduction in the grand plan. Mr. Mazzitello replied that
the city is looking at shortening some of the parking lanes because residents expressed concern about
having that wide piece of pavement in front of their property; parking desires have also been mentioned
in this public hearing. Staff intends to have a second neighborhood meeting to go over specific issues in
front of each individual's property to make sure staff is addressing all issues the best that they can. Then
staff would incorporate a final design before the bidding process in the April to May 2014 timeframe.
Ms. Weinberger requested that the Council take into consideration the concerns that the residents have.
Mr. Fred Wysoki, 1900 Victoria Road South, and head of the townhome association, stated that he
counted 46 homes to Marie Street, and 16 homes from Marie to Caren. He believes they have different
needs than the townhomes and referenced the options given at the November 5 meeting.
As clarification, Mr. Mazzitello shared what those options would be:
1. Do nothing
2. Do the Rolling Green rehabilitation section only
3. Do the Rolling Green rehabilitation section and North Victoria (Maria to Lilydale border)
reconstruction
4. Do the Rolling Green rehabilitation section and South Victoria reconstruction
5. Total build (all of Victoria and the Rolling Green rehabilitation sections)
page 20
Mr. Wysoki referenced option 3 and stated that he has spoken to the 46 homes and they are not
interested in the reconstruction. He requested that staff do another survey of the residents, with the
project costs included, and see how people respond.
Mayor Krebsbach stated that the survey is a piece of information but as a Council, they have to weigh all
information and plan for the future.
Mr. Wysoki also mentioned that some of the residents of the townhomes are on fixed incomes, have low
paying jobs, or no jobs. An assessment of this size could be a very huge burden for them.
Finance Director Kristen Schabacker, at the request of Mayor Krebsbach, explained the option to defer
the assessment.
Mr. Tony Ruiz, 1775 South Victoria Road, stated that he has six blue spruce evergreens that are
approximately 35 feet high and asked how the excavation would affect the roots of those trees. Mr.
Ruzek replied that he did not anticipate a major impact to the roots of the trees. However, if they are in
the City's right -of -way, the City would have the right to remove them. However, he did not anticipate
any impact to the trees.
Councilmember Duggan moved to close the public hearing.
Councilmember Povolny seconded the motion.
Ayes: 4
Nays: 0
Absent: 1 (Petschel)
Mayor Krebsbach asked the Councilmembers to state which option they would like to see happen.
Councilmember Povolny liked option 3 (the Rolling Green rehabilitation section and North Victoria
(Maria to Lilydale border) reconstruction) in 2014 because it would split the project and not be such a
congestion of construction on Victoria and Rolling Green.
Mayor Krebsbach asked what the cost would be if the City only did the rehabilitation of Rolling Green
and what would happen to the material if it was not used as fill on Victoria. Mr. Mazzitello replied that
the preliminary cost estimate on the Rolling Green rehabilitation would increase by approximately
$25,000 in disposal fees for the milling, and then staff would have to purchase approximately $165,000
worth of fill for the north portion of Victoria Road.
Councilmember Norton stated that he would agree with option 3.
Mr. Mazzitello explained if Council follows the recommendation of staff and orders the design of the
entire project, staff would design the full Victoria Road reconstruction and the Rolling Green
Neighborhood rehabilitation; however, they would only bid those portions that Council would instruct
them to bid. By doing so, if the remaining portions were done in 2015, the feasibility report currently
before the Council would be binding — and the assessments would be capped at $8,950 per unit. If the
Council would decide to not abide by that feasibility study in a future year, staff would start from
scratch with a new feasibility report and public hearing and recalculate any remaining portion of the
proj ect.
page 21
Councilmember Norton moved to adopt RESOLUTION 2013 -96 RESOLUTION ORDERING OF
IMPROVEMENT PROJECT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE
VICTORIA ROAD & ROLLING GREEN NEIGHBORHOOD IMPROVEMENTS (PROJECT
#201308) AND DIRECTED STAFF TO BRING FORWARD FOR BID THE ROLLING GREEN
REHABILITATION AND NORTH VICTORIA ROAD PROJECT AS DESCRIBED UNDER
OPTION 3.
Councilmember Povolny seconded the motion.
Ayes: 4
Nays: 0
Absent: 1 (Petschel)
UNFINISHED AND NEW BUSINESS
A) CONSIDERATION OF PARKS AND RECREATION COMMISSION RECOMMENDATION
FOR OFF -LEASH DOG PARK AREA TRIAL PERIOD AT WENTWORTH AND MARIE PARKS
Recreation Program Coordinator Sloan Wallgren gave a brief background on this topic by explaining
that the current city ordinance requires that if a dog is off of the owner's property, they are to be on a
leash no longer than six feet at all times; or could be off -leash if they are inside of the owner's vehicle.
The idea of having off -leash dog areas at the hockey rinks was reintroduced to the Parks and Recreation
Commission in July 2013. The Commission directed staff to research the topic and it was brought back
to the Commission in August 2013. At that time, the Commission made a recommendation to the City
Council to consider a trial period at Wentworth and Marie Park for off -leash dog areas inside of the
hockey boards. The trial period would be from May 1 to October 1 during which time there would be
signs outlining owner expectations and rules and a place inside of the hockey area for owners to leash
and unleash their dogs to mitigate risk of dogs running outside of the hockey area. The motion also
stipulated that all dogs must be registered with the City of Mendota Heights and that feedback would be
provided to the Council afterwards.
In October 2013 a letter was sent to residents surrounding Wentworth and Marie Park requesting their
comments. Responses were included in the Council packet.
Points in favor: owners want a place for their dogs to run and get some exercise as many live in
condominiums or townhomes without areas to exercise; many people believe it is a great opportunity for
neighbors to socialize and get to know each other
Points against: concern of property values declining; safety of children at and around the park; noise
levels or cleanliness; number of people and /or dogs that would be coming to the facilities.
Mayor Krebsbach asked to what extent is the issue of dogs in Marie Park, or any other park, being off of
their leashes outside of the hockey rink. Chief Aschenbrener replied that very few complaints were
received regarding Wentworth; however, at Marie Park they receive, on average, one to two complaints
a day. Enforcement of pet licenses and animal control is not something the police department focuses
on. He continued by stating that over the last several years, they have identified maybe one potentially
dangerous or dangerous dog per year. He strongly urged the Council, should they decide to pursue this
idea, to reconsider their expenditures on animal control in 2014 and look to go to an RFP to retain the
service of someone to do enforcement activities around the parks in the future.
page 22
Chief Aschenbrener is not opposed to the City potentially opening a dog park but he is not in favor of
using the hockey rinks as off -leash areas because of their proximity to playgrounds and trails. It is not a
matter of whether or not the dogs are dangerous or potentially dangerous, it is the perceptions that
people who are not dog owners have. He requested that the Council be thoughtful of the decisions they
would make and the impacts upon workloads, staffing, and complaints.
Councilmember Povolny suggested, as mentioned to him by Councilmember Petschel, that a fenced area
be created by the water tower. There are no parks there, no children playing, and residents can park on
the street by the City Public Works building. It would be a wise investment and would accommodate the
dog owners.
Councilmember Norton echoed Councilmember Povolny's comments and also stated that the area could
then be available year- round.
Councilmember Duggan stated that he would support a dog park in Mendota Heights but he would not
support it at Wentworth or Marie Park and gave his reasons.
Mayor Krebsbach stated that the Council is committed to having a dog park and recommended that a
decision on the location and criteria for it be made by February 2014; but that it would not be at a
hockey rink.
B) ORDINANCE 457, AMENDING PERMITTED AND CONDITIONAL USES IN THE
INDUSTRIAL DISTRICT, OUTDOOR STORAGE AND LANDSCAPE AND BUILDING DESIGN
AND CONSTRUCTION, PLANNING CASE 2013 -17
Planner Nolan Wall explained that the applicant, Southview Design, Inc., has applied for code
amendments to allow outdoor storage in the industrial zone to enable them to construct a new corporate
headquarters on their desired site, which is zoned I- Industrial.
Currently, the industrial district does not allow for landscape companies or the related accessory outdoor
storage. Staff developed a draft code amendment with conditions that would apply specifically to this
use and would not be applicable across the entire industrial zone. The intent would be to open the door
as narrowly as possible to accommodate this use.
The draft amendment includes two parts
1. Creating landscaping and building design and construction as a permitted use within the
industrial district.
2. Allowing outdoor storage and display of materials and equipment accessory to landscaping and
building design and construction as a conditional use, subject to a number of conditions.
Mr. Wall gave a synopsis of the conditions.
The Planning Commission conducted a public hearing at their October 22, 2013 meeting and they
recommended approval of the draft ordinance.
Councilmember Duggan asked questions regarding fencing and screening of the display and storage
areas. City Engineer John Mazzitello answered that the industrial zone has a different height restriction
for fencing than residential and, without having the code book in hand; he believed it would be eight
feet. Councilmember Duggan requested that the word `completely' be removed from the screening
language. After discussion this was agreed to by staff.
page 23
The owners of Southview Design, Inc. were present and answered general questions from Council
regarding their business and headquarters plans.
Councilmember Duggan moved to adopt ORDINANCE NO. 457 AN ORDINANCE AMENDING
SECTION 12 -1G OF THE CITY CODE OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA,
DAKOTA COUNTY, BY AMENDING THE PERMITTED AND CONDITIONAL USES IN THE I,
INDUSTRIAL ZONING DISTRICT, PROVIDING FOR OUTDOOR STORAGE AND DISPLAY AS
AN ACCESSORY USE TO LANDSCAPE AND BUILDING DESIGN AND CONSTRUCTION
BUSINESSES, to include the following new listings:
1. "Landscaping and Building Design and Construction" as a permitted use.
2. "Outdoor Storage and Display of Materials and Equipment Accessory to landscaping and Building
Construction" as a conditional use subject to the following conditions:
A. The site shall be occupied by a principal building of no less than 15,000 square feet.
B. All storage and display is located in the rear yard or side yard of the property and behind the
front building line of the principal building, and shall not be located in a yard that abuts any local
public street.
C. No storage and display shall be located on any parcel that abuts residentially zoned property.
D. The storage and display area shall not be open to retail sales, and shall be utilized only for stock
and supply for clients of the landscape or building construction business.
E. All storage and display is located on paved surfaces.
F. The storage and display area shall occupy no more than 60% of the total lot area.
G. The storage and display area shall be setback from all lot lines no less than 10 feet.
H. The storage and display area shall be completely screened from surrounding property by fencing,
walls, and /or landscaping.
I. All storage and display shall be located under three -sided covered structures, with the exception
of landscape plant materials and trucks or equipment shown on a specific and detailed site plan.
J. Trucks and equipment kept within the storage and display area shall be located within designated
striped parking spaces and shall not be used for storage.
K. Fencing utilized for screening purposes shall be constructed of wood or other materials as
approved by the City Council.
L. Circulation and water service on the property shall meet the requirements of the City's Fire Chief
for access and fire protection.
M. Covered structures used to protect stored materials or equipment shall meet the following
requirements:
1. Structures greater than eight feet in height shall be designed and constnicted of materials
consistent with the requirements of Section 12 -1 D -13 -2 of this Code.
2. Structures of eight feet in height or less may be constructed of alternative materials as
approved by the City Council, provided such structures are not visible from surrounding
property or public streets.
3. All structures shall comply with applicable Building and Fire Codes.
Councilmember Povolny seconded the motion.
Ayes: 4
Nays: 0
Absent: 1 (Petschel)
page 24
C) DISCUSSION OF WARRIOR DRIVE PARKING
This topic was added to the agenda at the request of Councilmember Duggan.
City Engineer John Mazzitello explained that at a previous council meeting, the City Council directed
the Traffic Safety Committee to research the issue of parking along the east side of Warrior Drive. The
Council adopted a resolution and sent it to the school district asking them to address the problem as
perceived by the residents. Other than the striping of the athletic field lot on the southeast corner of the
Henry Sibley property and a small reduction in the number of cars parked on Warrior Drive, the issue
remains ongoing.
Councilmember Norton commented that the `small reduction', from the ancillary accounts he has heard,
is one or two cars that are using the newly striped parking lot. He questioned the expense of striping the
lot.
Councilmember Duggan stated that there was some indication that the school district has provided the
added parking. He has driven by a number of times, and on the day of this meeting, and there were two
cars parked in the lot and fifty -two to fifty -four cars parked along Warrior Drive. So there has not been
much relief provided to the residents who raised the concern. Rather than wait until January for an
update he made the following motion:
Councilmember Duggan moved that the City of Mendota Heights declare and post Warrior Drive as a no
parking area during school hours.
Councilmember Norton asked if the cul -de -sacs of Sibley Court and High Ridge Circle be included in
the motion. Councilmember Duggan replied in the affirmative.
Councilmember Norton seconded the motion.
Councilmember Povolny agreed that something should be done about the parking on Warrior Drive;
however, he believes that the parents of the kids who go to school there need to deal with the school
district because it is unfair that the district is charging kids to park in a lot that was paid for by the
taxpayers. He also believes that putting up no parking signs puts an unnecessary burden on the kids who
cannot afford to pay to park in the parking lot. He also stated that he believes this should be decided at
the beginning of the next school semester.
Mayor Krebsbach stated that she would be in favor of no parking on Warrior Drive but would not
support the motion made this evening because the Council does not spring things on the citizens without
it being on the agenda. She also believes there are a few points that need to be worked out before a
decision is made.
There being no further discussion, Mayor Krebsbach called for the vote:
Ayes: 2
Nays: 2
Absent: 1 (Petschel)
The motion did not carry.
Councilmember Norton requested that the Council direct staff to look at this issue and to come forward
with options and costs for Council to consider.
page 25
COMMUNITY ANNOUNCEMENTS
Planner Nolan Wall, standing in for Assistant City Administrator Tamara Schutta, made the following
announcements:
• City Hall will be closed Thursday, November 28 and Friday, November 29 to observe
Thanksgiving; reopening on Monday, December 2 at 8:00 a.m.
• Holiday Tree Lighting at Mendota Plaza, between 6:00 and 7:00 p.m., Thursday, December 5
• Tree Lighting at The Village, between 4:00 and 8:00 p.m., Saturday, December 7
• Mendota Heights Police Department and City Hall will be drop off points for Marine Toys for
Tots Program, 8:00 a.m. — 4:30 p.m., Monday through Friday, through December 20
• Recycling During the Holidays Promotion, allows residents to drop off holiday lights, November
15 to January 31; there is a bin located outside of City Hall
• Winter Parking reminder; no parking is allowed on any Mendota Heights street between the
hours of 2:00 a.m. and 6:00 a.m., started November 1 and runs through March 31, 2014. Parking
is also limited to no more than thirty minutes during a snow fall of two -plus inches and during
the plowing of snow.
Ms. Theresa Cosgrove, an employee of NDC4 /Town Square Television, announced that on Wednesday,
November 20, they will be celebrating their 25th anniversary of serving the cities with their television
broadcasting. The event will be held from 4:30 p.m. to 7:30 p.m.; with the ribbon cutting at 5:30 p.m.
Food and beverages will be served.
COUNCIL COMMENTS
Councilmember Norton wished his wife a Happy Birthday.
Councilmember Povolny revisited the discussion of parking at Henry Sibley High School by restating
that he believes the parents and the students need to contact the school and help them make the decision
to fix the parking problem on Warrior Drive before the Council does by adjusting the fees or adjusting
the parking situation. The City of Mendota Heights cannot do it themselves.
Councilmember Duggan stated that he had four things to mention:
1. The Fire Department had a terrific dance and a great turnout at the weekend event.
2. There is a great idea going around about shopping locally, especially on the Saturday after
Thanksgiving. He encouraged all residents to shop locally all weekend.
3. He asked Chief Aschenbrener to verify whether or not the City had a reward program that might
be a great opportunity for people who want to make a charitable donation to the City through the
Police Chief and the Police Department. Chief Aschenbrener replied that the City does have a
Mendota Heights Community Criminal Apprehension Fund. The Police Department posts
rewards on Facebook and Twitter, or residents could go to the Northern Dakota County Crime
Blog, to view still pictures or videos of suspects. Residents can, if they wish, redirect the reward
they would receive to the Apprehension Fund.
4. In regards to Henry Sibley, the Pioneer Press stated the school has raised over $600,000 for local
charities over the last 50 years. In 2013, they raised over $32,000 through fundraising events.
page 26
Mayor Krebsbach expressed her appreciation to the Police Chief and the Police Department for their
dedication and for the award ceremony and for recognizing the Chaplains. She thanked the
Councilmembers for investing all of the time they have in the issues before the Council.
Mayor Krebsbach also commented on the ribbon cutting for a new business in The Village called
Apricot Lane Boutique. It was also great to see lots of people at Mendoberri Cafe and Wine Bar when
she and her husband were there.
She also expressed her appreciation to staff for the very thorough work they do and the response they
give to the Council with information so they can make decisions.
Councilmembers wished everyone a very happy and safe Thanksgiving.
ADJOURN
Councilmember Duggan moved to adjourn.
Councilmember Norton seconded the motion.
Ayes: 4
Nays: 0
Absent: 1 (Petschel)
Mayor Krebsbach adjourned the meeting at 10:09 p.m.
Sandra Krebsbach
Mayor
ATTEST:
Lorri Smith
City Clerk
CITY OF
j/'r. m MENDOTA HEIGHTS
DATE: December 3, 2013
TO: Mayor and City Council
FROM: Justin Miller, City Administrator
SUBJECT: Out of State Travel Request
BACKGROUND
1101 Victoria Curve 1 Mendota H
651.452.1850 phone 1 651.4
www.mendota- heights com
page 27
18
Per council policy, any out -of -state travel by city employees must be approved by the city
council. IT Manager Sue Donovan has requested to attend the Laserfiche Empower conference
that is being held Anaheim, California in January 2014. The city has made a substantial
investment in the Laserfiche program and further expertise in this product will benefit the city
greatly.
BUDGET IMPACT
There is no cost to the city for this conference, and most meals are included. Total airfare and
lodging is estimated at $1000, which is included in the 2014 budget.
RECOMMENDATION
Staff recommends that the Mendota Heights City Council approve the out -of -state travel request
for Sue Donovan to attend the 2014 Laserfiche Empower conference. This action requires a
majority vote of the city council.
page 28
1101 Victoria Curve I Mendota he
651.452.1850 phone 1651.45L.a4u rax
www.mendota -hei g hts.com
CITY OF
j/'r. jJ MENDOTA HEIGHTS
DATE: December 3, 2013
TO: Mayor, City Council and City Administrator
FROM: Kristen Schabacker, Finance Director
SUBJECT: 2013 Audit Engagement Letter
BACKGROUND
5d.
Currently we are in the second year of our three year contract extension with KDV to perform
our annual audit. We have received the audit engagement letter for the 2013 audit. The price for
the 2013 audit is $32,350. This is up just over 1% from the cost of the 2012 audit. The cost for
the audit was included in the 2014 budget.
BUDGET IMPACT
The cost of the 2013 audit is reflected in the 2014 budget.
RECOMMENDATION
Staff recommends that the Mendota Heights City Council authorize the mayor to sign the audit
engagement letter for the 2013 audit. This action requires a majority vote of the city council.
CITY OF
j/'r. jJ MENDOTA HEIGHTS
DATE: December 3, 2013
TO: Mayor and City Council
FROM: Justin Miller, City Administrator
SUBJECT: City Hall Carpet Purchase
BACKGROUND
page 29
1101 Victoria Curve I Mendota he
651.452.1850 phone 1 651.452.8940 fu,
www.mendota -hei g hts.com
5e.
In late 2011 /early 2012, the carpet in the upper office area of city hall was replaced. The
remainder of city hall (lobby, hallways, and council chambers) was left as a separate project for
budgetary reasons.
Staff has received a quote (attached) to complete the city hall re- carpeting project. The total
project is split into two areas:
City Council Chambers $6,010.63
Common Areas $8,022.88
Total $14,033.51
BUDGET IMPACT
$25,000 was included in the 2013 budget for this project, so this total is well within the budgeted
amount.
RECOMMENDATION
Staff recommends that the Mendota Heights City Council approve the purchase and installation
of carpet for the council chambers and city hall common areas. This action requires a majority
vote of the city council.
Heine's Floor Covering, Inc.
1054 Sibley Memorial Hwy
Mendota Heights, MN 55118
651-387-3695
BILL TO
City Of Mendota Heights
ITEM
Carpet
Tax
Carpet
Tear Up
Materia1/12x152
I nstallation/12x152
disposal
DESCRIPTION
Chambers area
DATE
11/11/2013
JOB
QTY
202.6
1
202.6
202.6
Subtotal
36.39% Tax
Total
RATE
20.25
5.00
3.00
page 30
Invoice
INVOICE #
2500
AMOUNT
4,102.65
287.18
1,013.00
607.80
6,010.63
6,010.63
Heine's Floor Covering, Inc.
1054 Sibley Memorial Hwy
Mendota Heights, MN 55118
651-387-3695
BILL TO
City Of Mendota Heights
ITEM
DESCRIPTION
Carpet
Tax
Carpet
Tear Up
BAse
Materia1/12x196.5
Installation/12x196.5
disposal
Main area/
DATE
11/11/2013
QTY
262
1
262
262
200
Subtotal
36.39% Tax
Total
JOB
RATE
20.25
5.00
3.00
1.25
page 31
Invoice
INVOICE #
2499
AMOUNT
5,305.50
371.38
1,310.00
786.00
250.00
8,022.88
8,022.88
CITY OF
j/'r. jJ MENDOTA HEIGHTS
DATE:
TO:
FROM:
December 3, 2013
page 32
1101 Victoria Curve 1 Mendota He
651.452.1850 phone 1 651.45
www.mendota -hei g hts.com
Mayor, City Council and City Administrator
Tamara Schutta
Assistant to the City Administrator/HR Coordinator
SUBJECT: Harassment, Discrimination, and Respectful Workplace Policy
BACKGROUND
18
The City of Mendota Heights is committed to creating and maintaining a work environment free
from all forms of harassment and discrimination. The Mendota Heights Personnel Code Section
30 Sexual Harassment Policy currently addresses sexual harassment.
Attached is a revised policy that addresses most forms of harassment and discrimination
including sexual harassment. City staff as well as City Attorney Kevin Rupp have reviewed the
Harassment, Discrimination, and Respectful Workplace policy.
The intent of this policy is to provide general guidelines about the conduct that is and is not
appropriate in the workplace. The City acknowledges that this policy cannot possibly predict all
situations that might arise, and also recognizes that some employees are exposed to disrespectful
behavior, and even violence, by the very nature of their jobs.
Staff is recommending the city council approve the changes to Section 30 Harassment,
Discrimination and Respectful Workplace policy.
Attachment(s):
1. Red line version of Section 30 — Sexual Harassment Policy
2. Draft copy of Section 30 - Harassment, Discrimination, and Respectful Workplace
Policy
BUDGET IMPACT
Not applicable.
RECOMMENDATION
If the city council agrees with the proposed changes, a motion should be made to amend Section
30 — Harassment, Discrimination and Respectful Workplace, of the Mendota Heights Personnel
Code. Approval of this item requires a simple majority vote of the City Council.
page 33
Attachment 1
SECTION 30. Scxual Harassment
Scxual Harassment has been held to be a form of sex discrimination, in violation of a person's
civil rights. Sexual harassment is defined as:
1 Unwelcomed or unwanted sexual advances;
2. Requests or demands for sexual favors;
3. Verbal abuse or kidding that is sex oriented and considered unacceptable by another
individual;
'I. Any type of sexually oriented conduct that would interfere with another's work
performance;
5. Creating a work environment that is intimidating, hostile, or offensive because of
physical contacts, or attentions.
Any employee who feels that he or she has been the victim of sexual harassment in the
workplace may file with the City Administrator or any supervisor.
Any employee found guilty of perpetrating sexual harassment shall be subject to disciplinary
proceedings per Section 27 of this resolution.
Section 30. Harassment, Discrimination, and Respectful Workplace Policy
The city of Mendota Heights is committed to creating and maintaining a work environment free
from all forms of harassment and discrimination. To that end, this Section of the Personnel Code
not only prohibits unlawful harassment and discrimination, but also establishes general standards
of workplace civility that apply across city departments.
The intent of this policy is to provide general guidelines about the conduct that is and is not
appropriate in the workplace. The city acknowledges that this policy cannot possibly predict all
situations that might arise, and also recognizes that some employees are exposed to disrespectful
behavior, and even violence, by the very nature of their jobs. Nonetheless, this policy is intended
to: (1) make all employees sensitive to the matter of harassment, discrimination, and workplace
civility; (2) express the city's strong disapproval of unlawful harassment and discrimination; (3)
advise employees of their behavioral obligations by establishing standards for acceptable
workplace conduct and by prohibiting behavior that is detrimental to city operations; and (4)
inform employees of their rights.
1. Applicability
Maintaining a respectful work environment is a shared responsibility. This policy is applicable to
all city personnel including regular and temporary employees, volunteers, firefighters, city
commission members and city council members.
2. Abusive Customer Behavior
While the city has a strong commitment to customer service, the city does not expect that
employees accept verbal or threatened or actual physical abuse from any customer. An employee
page 34
may request that a supervisor intervene when a customer is abusive, or they may attempt to
defuse the situation themselves in a professional and tactful manner. If a customer continues to
engage in abusive behavior, city employees must end their interaction with the customer and
report the interaction to their supervisor as soon as possible.
If there is a concern over the possibility of physical violence, a supervisor should be contacted
immediately. When extreme conditions dictate, 911 may be called. Employees should leave the
area immediately when violence is imminent unless they are employed in a position, such as a
police officer, in which their job duties involve diffusing potentially violent situations.
Employees must notify their supervisor about the incident as soon as possible.
3. Respectful Workplace Behavior
Respect for one another is critical to the success of the city's operations. The city recognizes that
there are similarities and differences among the values held by individual employees, volunteers,
and city council members. All employees, volunteers, and city council members are responsible
for creating, promoting, and maintaining work environments in which everyone is respected,
valued, and welcomed.
All employees, volunteers, and city council members must conduct themselves in a manner that
fosters a work environment that values diversity and eliminates discrimination and harassment.
All employees, volunteers, and city council members are expected to express the shared values
of respect, courtesy, civility, politeness, consideration, and tolerance toward others in the
workplace.
4. Prohibited Behavior
The city prohibits the following types of behavior (collectively "Prohibited Behavior" for the
purposes of this Section) on the basis that the behaviors cause a disruption in the workplace, are
inconsistent with the city's goal of establishing a respectful and welcoming workplace, and are,
in many instances, unlawful:
• Violent behavior: Violent behavior includes (1) the use of physical force; (2) verbal
threats to inflict bodily harm, including vague or covert treats of violence; (3) the use of
physical or verbal intimidation to influence the behavior of others; (4) disorderly conduct,
such as shouting, throwing or pushing objects, punching walls, and slamming doors and
(5) any behavior that instills fear in others.
• Discriminatory behavior: Discriminatory behavior includes differential treatment,
disparaging comments, or inappropriate conduct based on a person's race, color, creed,
religion, national origin, disability, sex, marital status, age, sexual orientation, or status
with regard to public assistance.
• Offensive behavior: Offensive behavior can take many forms and is measured by what
a reasonable person would find offensive. It may include such actions as: rudeness;
angry outbursts; bullying; intentionally isolating another from matters that fall within the
person's job duties; inappropriate humor; vulgar obscenities; name calling; disrespectful
language; making false, malicious, disparaging, or unfounded statements against
coworkers, supervisors, or subordinates which tend to damage their reputations or
page 35
undermine their authority; or any other behavior that would be considered offensive to a
reasonable person. It is not possible to anticipate in this policy every example of
offensive behavior. Accordingly, employees are encouraged to discuss with their fellow
employees and supervisor what is regarded as offensive, taking into account the
sensibilities of employees and the possibility of public reaction. Although the standard
for how employees treat each other and the general public will be the same throughout
the city, there may be differences between work groups about what is appropriate in other
circumstances unique to a work group. If an employee is unsure whether a particular
behavior is appropriate, the employee should request clarification from their supervisor,
department director, Assistant to the City Administrator/HR Coordinator, or City
Administrator.
• Harassment: Harassment includes words, conduct, or action that, being directed at a
specific person, annoys, alarms, or causes substantial emotional distress in that person
and serves no legitimate, work - related purpose.
• Sexual harassment: Sexual harassment can consist of a wide range of unwanted and
unwelcomed sexually directed behavior such as unwelcome sexual advances, requests for
sexual favors, and other verbal or physical conduct of a sexual nature when:
o Submitting to the conduct is made either explicitly or implicitly a term or
condition of an individual's employment or public service; or
o Submitting to or rejecting the conduct is used as the basis for an
employment decision such as promotion, assignment, demotion, discipline
or discharge; or
o Such conduct has the purpose or effect of unreasonably interfering with an
individual's work perfonnance or creating an intimidating, hostile, or
offensive working environment.
Sexual harassment includes, but is not limited to the following:
o Unwelcome or unwanted sexual advances: This means stalking, patting,
pinching, brushing up against, hugging, cornering, kissing, fondling or any other
similar physical contact considered unacceptable by another individual.
o Verbal or written abuse, kidding, or comments that are sexually- oriented and
considered unacceptable by another individual. This includes comments about an
individual's body or appearance where such comments go beyond mere courtesy,
telling "dirty jokes" or any other tasteless, sexually oriented comments, innuendos
or actions that offend others.
o Requests or demands for sexual favors. This includes subtle or obvious
expectations, pressures, or requests for any type of sexual favor, along with an
implied or specific promise of favorable treatment (or negative consequence)
concerning one's current or future job.
page 36
5. Employee Responsibilities
Each employee shall be responsible for fostering a respectful work environment and assisting in
the prevention of Prohibited Behavior through the following acts:
• Refraining from participation in, or encouragement of, actions that could be perceived as
Prohibited Behavior.
• Reporting acts of Prohibited Behavior to the appropriate level of management.
• Encouraging any employee who confides that he or she is the victim of Prohibited Behavior
to report the behavior to the appropriate level of management.
• Any employee encountering Prohibited Behavior is encouraged to inform the person that his
or her actions are unwelcome or offensive. Document the conversation.
• Documenting the occurrences of Prohibited Behavior.
6. Department Supervisor Responsibilities
Each supervisor shall be responsible for fostering a respectful work environment and preventing
acts of Prohibited Behavior. This responsibility includes the following:
• Monitoring the work environment on a daily basis for signs of Prohibited Behavior that may
be occurring.
• Counseling all department staff on the types of behavior that are prohibited, and the city's
procedures for reporting and resolving complaints involving Prohibited Behavior.
• Stopping any observed acts that may be considered Prohibited Behavior, and taking
appropriate steps to intervene, whether or not the involved department members are within
his /her line of supervision
• Taking immediate action to prevent retaliation towards the complaining party and to
eliminate the Prohibited Behavior where there has been a complaint of harassment or
discrimination, pending investigation.
7. Procedures for Reporting Behavior Prohibited by this Section
In order for an issue involving Prohibited Behavior to be addressed, it must be brought to the
attention of management. In order for proper action to be taken to enforce this policy,
information must be forwarded to the appropriate level of management and employees must feel
comfortable reporting situations involving Prohibited Behavior.
Employees who feel they have been victims of Prohibited Behavior, or employees who are aware
of Prohibited Behavior should immediately report their concerns to any of the following: (1)
supervisor; (2) department director; (3) Assistant City Administrator/HR Coordinator; or (4) City
Administrator. If the complaint is about the City Administrator, then the employee shall file the
page 37
complaint with the city council. The city council will direct the City Attorney to investigate the
complaint.
The supervisor or other person to whom a complaint is given shall meet with the employee and
document the incident(s) complained of, the person(s) perfonning or participating in the
offending behavior, any witnesses to the incident(s) and the dates(s) on which it occurred. The
complaint shall promptly be submitted in a confidential memorandum documenting the alleged
harassment to the City Administrator.
8. Investigation and Recommendation
Upon receiving any report alleging harassment, the City Administrator or designee will conduct
an investigation. The City Administrator may ask another agency to investigate the allegations
made in the complaint.
Strict confidentiality is not possible in all cases involving Prohibited Behavior as the accused has
the right to answer charges made against him or her, particularly if discipline is a possible
outcome. The city will make reasonable efforts to respect the privacy of the individuals involved
in an investigation to the extent possible.
Pending completion of the investigation, the designated personnel representative may take any
appropriate action necessary to protect the alleged victim, other employees, or citizens.
An alleged victim may have a staff person of the same gender present during all contacts with
the City Administrator or designee. The alleged victim and any witnesses may be asked to put
their reports in writing or be interviewed. The interview would be recorded.
If the facts are found to support the allegations, the perpetrator will be subject to disciplinary
action up to and including immediate termination depending on the circumstances and severity
of the Prohibited Behavior.
Anyone who knowingly makes a false complaint of conduct that violates this policy or anyone
who knowingly gives false infonnation during an investigation could also be subject to
disciplinary action up to and including tennination.
The city will keep a complete record of the nature of the complaint, its investigation, and its
resolution according to the records retention schedule. Records related to complaints of
Prohibited Behavior are subject to the provisions of the Minnesota Government Data Practices
Act and any other applicable data privacy law.
9. Reprisal Prohibited
Employees have the right to raise issues involving Prohibited Behavior and to file complaints
with respect to the same without reprisal. Any action intended to intimidate, retaliate against,
harass, or disadvantage any person because the person has reported or complained of Prohibited
Behavior, or assisted or participated in any investigation or hearing, is considered reprisal. The
city views reprisal as a significant form of employment misconduct. Reprisal or retaliation
against an employee who reports, objects to, or complains of any Prohibited Behavior will not be
tolerated and is grounds for discipline, up to and including immediate tennination.
page 38
Attachment 2
Section 30. Harassment, Discrimination, and Respectful Workplace Policy
The city of Mendota Heights is committed to creating and maintaining a work environment free
from all forms of harassment and discrimination. To that end, this Section of the Personnel Code
not only prohibits unlawful harassment and discrimination, but also establishes general standards
of workplace civility that apply across city departments.
The intent of this policy is to provide general guidelines about the conduct that is and is not
appropriate in the workplace. The city acknowledges that this policy cannot possibly predict all
situations that might arise, and also recognizes that some employees are exposed to disrespectful
behavior, and even violence, by the very nature of their jobs. Nonetheless, this policy is intended
to: (1) make all employees sensitive to the matter of harassment, discrimination, and workplace
civility; (2) express the city's strong disapproval of unlawful harassment and discrimination; (3)
advise employees of their behavioral obligations by establishing standards for acceptable
workplace conduct and by prohibiting behavior that is detrimental to city operations; and (4)
inform employees of their rights.
1. Applicability
Maintaining a respectful work environment is a shared responsibility. This policy is applicable to
all city personnel including regular and temporary employees, volunteers, firefighters, city
commission members and city council members.
2. Abusive Customer Behavior
While the city has a strong commitment to customer service, the city does not expect that
employees accept verbal or threatened or actual physical abuse from any customer. An employee
may request that a supervisor intervene when a customer is abusive, or they may attempt to
defuse the situation themselves in a professional and tactful manner. If a customer continues to
engage in abusive behavior, city employees must end their interaction with the customer and
report the interaction to their supervisor as soon as possible.
If there is a concern over the possibility of physical violence, a supervisor should be contacted
immediately. When extreme conditions dictate, 911 may be called. Employees should leave the
area immediately when violence is imminent unless they are employed in a position, such as a
police officer, in which their job duties involve diffusing potentially violent situations.
Employees must notify their supervisor about the incident as soon as possible.
3. Respectful Workplace Behavior
Respect for one another is critical to the success of the city's operations. The city recognizes that
there are similarities and differences among the values held by individual employees, volunteers,
and city council members. All employees, volunteers, and city council members are responsible
for creating, promoting, and maintaining work environments in which everyone is respected,
valued, and welcomed.
All employees, volunteers, and city council members must conduct themselves in a manner that
fosters a work environment that values diversity and eliminates discrimination and harassment.
page 39
All employees, volunteers, and city council members are expected to express the shared values
of respect, courtesy, civility, politeness, consideration, and tolerance toward others in the
workplace.
4. Prohibited Behavior
The city prohibits the following types of behavior (collectively "Prohibited Behavior" for the
purposes of this Section) on the basis that the behaviors cause a disruption in the workplace, are
inconsistent with the city's goal of establishing a respectful and welcoming workplace, and are,
in many instances, unlawful:
• Violent behavior: Violent behavior includes (1) the use of physical force; (2) verbal
threats to inflict bodily harm, including vague or covert treats of violence; (3) the use of
physical or verbal intimidation to influence the behavior of others; (4) disorderly conduct,
such as shouting, throwing or pushing objects, punching walls, and slamming doors and
(5) any behavior that instills fear in others.
• Discriminatory behavior: Discriminatory behavior includes differential treatment,
disparaging comments, or inappropriate conduct based on a person's race, color, creed,
religion, national origin, disability, sex, marital status, age, sexual orientation, or status
with regard to public assistance.
• Offensive behavior: Offensive behavior can take many forms and is measured by what
a reasonable person would find offensive. It may include such actions as: rudeness;
angry outbursts; bullying; intentionally isolating another from matters that fall within the
person's job duties; inappropriate humor; vulgar obscenities; name calling; disrespectful
language; making false, malicious, disparaging, or unfounded statements against
coworkers, supervisors, or subordinates which tend to damage their reputations or
undermine their authority; or any other behavior that would be considered offensive to a
reasonable person. It is not possible to anticipate in this policy every example of
offensive behavior. Accordingly, employees are encouraged to discuss with their fellow
employees and supervisor what is regarded as offensive, taking into account the
sensibilities of employees and the possibility of public reaction. Although the standard
for how employees treat each other and the general public will be the same throughout
the city, there may be differences between work groups about what is appropriate in other
circumstances unique to a work group. If an employee is unsure whether a particular
behavior is appropriate, the employee should request clarification from their supervisor,
department director, Assistant to the City Administrator/HR Coordinator, or City
Administrator.
• Harassment: Harassment includes words, conduct, or action that, being directed at a
specific person, annoys, alarms, or causes substantial emotional distress in that person
and serves no legitimate, work - related purpose.
• Sexual harassment: Sexual harassment can consist of a wide range of unwanted and
unwelcomed sexually directed behavior such as unwelcome sexual advances, requests for
sexual favors, and other verbal or physical conduct of a sexual nature when:
page 40
o Submitting to the conduct is made either explicitly or implicitly a term or
condition of an individual's employment or public service; or
o Submitting to or rejecting the conduct is used as the basis for an
employment decision such as promotion, assignment, demotion, discipline
or discharge; or
o Such conduct has the purpose or effect of unreasonably interfering with an
individual's work performance or creating an intimidating, hostile, or
offensive working environment.
Sexual harassment includes, but is not limited to the following:
o Unwelcome or unwanted sexual advances: This means stalking, patting,
pinching, brushing up against, hugging, cornering, kissing, fondling or any other
similar physical contact considered unacceptable by another individual.
o Verbal or written abuse, kidding, or comments that are sexually- oriented and
considered unacceptable by another individual. This includes comments about an
individual's body or appearance where such comments go beyond mere courtesy,
telling "dirty jokes" or any other tasteless, sexually oriented comments, innuendos
or actions that offend others.
o Requests or demands for sexual favors. This includes subtle or obvious
expectations, pressures, or requests for any type of sexual favor, along with an
implied or specific promise of favorable treatment (or negative consequence)
concerning one's current or future job.
5. Employee Responsibilities
Each employee shall be responsible for fostering a respectful work environment and assisting in
the prevention of Prohibited Behavior through the following acts:
• Refraining from participation in, or encouragement of, actions that could be perceived as
Prohibited Behavior.
• Reporting acts of Prohibited Behavior to the appropriate level of management.
• Encouraging any employee who confides that he or she is the victim of Prohibited Behavior
to report the behavior to the appropriate level of management.
• Any employee encountering Prohibited Behavior is encouraged to inform the person that his
or her actions are unwelcome or offensive. Document the conversation.
• Documenting the occurrences of Prohibited Behavior.
page 41
6. Department Supervisor Responsibilities
Each supervisor shall be responsible for fostering a respectful work environment and preventing
acts of Prohibited Behavior. This responsibility includes the following:
• Monitoring the work environment on a daily basis for signs of Prohibited Behavior that may
be occurring.
• Counseling all department staff on the types of behavior that are prohibited, and the city's
procedures for reporting and resolving complaints involving Prohibited Behavior.
• Stopping any observed acts that may be considered Prohibited Behavior, and taking
appropriate steps to intervene, whether or not the involved department members are within
his /her line of supervision
• Taking immediate action to prevent retaliation towards the complaining party and to
eliminate the Prohibited Behavior where there has been a complaint of harassment or
discrimination, pending investigation.
7. Procedures for Reporting Behavior Prohibited by this Section
In order for an issue involving Prohibited Behavior to be addressed, it must be brought to the
attention of management. In order for proper action to be taken to enforce this policy,
information must be forwarded to the appropriate level of management and employees must feel
comfortable reporting situations involving Prohibited Behavior.
Employees who feel they have been victims of Prohibited Behavior, or employees who are aware
of Prohibited Behavior should immediately report their concerns to any of the following: (1)
supervisor; (2) department director; (3) Assistant City Administrator/HR Coordinator; or (4) City
Administrator. If the complaint is about the City Administrator, then the employee shall file the
complaint with the city council. The city council will direct the City Attorney to investigate the
complaint.
The supervisor or other person to whom a complaint is given shall meet with the employee and
document the incident(s) complained of, the person(s) performing or participating in the
offending behavior, any witnesses to the incident(s) and the dates(s) on which it occurred. The
complaint shall promptly be submitted in a confidential memorandum documenting the alleged
harassment to the City Administrator.
8. Investigation and Recommendation
Upon receiving any report alleging harassment, the City Administrator or designee will conduct
an investigation. The City Administrator may ask another agency to investigate the allegations
made in the complaint.
Strict confidentiality is not possible in all cases involving Prohibited Behavior as the accused has
the right to answer charges made against him or her, particularly if discipline is a possible
outcome. The city will make reasonable efforts to respect the privacy of the individuals involved
in an investigation to the extent possible.
page 42
Pending completion of the investigation, the designated personnel representative may take any
appropriate action necessary to protect the alleged victim, other employees, or citizens.
An alleged victim may have a staff person of the same gender present during all contacts with
the City Administrator or designee. The alleged victim and any witnesses may be asked to put
their reports in writing or be interviewed. The interview would be recorded.
If the facts are found to support the allegations, the perpetrator will be subject to disciplinary
action up to and including immediate termination depending on the circumstances and severity
of the Prohibited Behavior.
Anyone who knowingly makes a false complaint of conduct that violates this policy or anyone
who knowingly gives false information during an investigation could also be subject to
disciplinary action up to and including termination.
The city will keep a complete record of the nature of the complaint, its investigation, and its
resolution according to the records retention schedule. Records related to complaints of
Prohibited Behavior are subject to the provisions of the Minnesota Government Data Practices
Act and any other applicable data privacy law.
9. Reprisal Prohibited
Employees have the right to raise issues involving Prohibited Behavior and to file complaints
with respect to the same without reprisal. Any action intended to intimidate, retaliate against,
harass, or disadvantage any person because the person has reported or complained of Prohibited
Behavior, or assisted or participated in any investigation or hearing, is considered reprisal. The
city views reprisal as a significant form of employment misconduct. Reprisal or retaliation
against an employee who reports, objects to, or complains of any Prohibited Behavior will not be
tolerated and is grounds for discipline, up to and including immediate termination.
CITY OF
MENDOTA HEIGHTS
page 43
5g.
1101 Victoria Curve I Mendota T' ,nts, MN 55118
651.452.1850 phone 1 651.452.8940 fax
www.mendota•heights.com
DATE: December 3, 2013
TO: Mayor, Council and City Administrator
FROM: Mike Aschenbrener, Police Chief
SUBJECT: Donation of Bikes from property to Bikes for Kids
BACKGROUND
The Mendota Heights Police Department has always picked up bicycles abandoned in the city.
In November the public works staff pointed out the bikes were overflowing into the general
storage areas in the water tower interfering with their usage of the cold storage space. In the past
we have held the bikes until there was a neighboring police auction and have attempted to get rid
of them through that process. Bicycles are always held a minimum of 90 days. All are currently
logged into and accounted for in the records system. After Council approval each case will be
closed by Investigator Reyes and the property will be coded out by Council authorization. The
code language governing disposal other than trash is as follows.
The Mendota Heights City Code Title 1 Chapter 9:
The city council may, without notice, and in such manner as it determines to be in the public
interest, provide for the disposition immediately of any property coming into the city's
possession which the council determines to be dangerous or perishable. A record of all
pertinent facts of the receipt and disposal of such property shall be prepared and filed in the
office of the city clerk. (1981 Code 912 § 4)
Bikes for Kids is a registered non - profit corporation with the Minnesota Secretary of State Office
and has been since 2004. They have an office here in Mendota Heights and are willing to pick
up and prepare the bikes for donation by December 8, 2013. For more information on the charity
follow this link: http: / /fb4k.com They have local presence at 2425 Enterprise Drive, Suite 300,
Mendota Heights 55120.
ATTACHMENTS
• Secretary of State Business Record Detail
• List of Bike eligible for release
BUDGET IMPACT
None.
RECOMMENDATION
If Council desires to implement the recommendation, pass a motion allowing staff to donate the
bikes to the registered non - profit "Bikes for Kids ".
page 44
Bicycles to be Donated
1) Shimano Diamondback Bicycle
2) Schwinn Mountain Bicycle
3) Trek 7100 Bicycle
4) Trek Navigator 200 Bicycle
5) Magna Mountain Bicycle
6) Mongoose 18 speed Bicycle
7) Huffy 26in Bicycle
8) Pacific Scorpio Bicycle
9) Magna Bicycle
10) Magna Mongoose Bicycle
11) Quest Teal Blossom 18in Bicycle
12) Gold Mongoose Bicycle
13) Trek 220 Bicycle
14) Raleigh Bicycle
15) Magna Bicycle
16) Schwinn Frontier Bicycle
17) Roadmaster MH Climber Bicycle
18) Next PowerClimber Bicycle
19) Schwinn Sierra Bicycle
20) Diet Dr. Pepper Bicycle
21) Pacific Exploit Bicycle
22) Mongoose DXR Bicycle
23) Raleigh M -40 Bicycle
24) Murray Bicycle
25) GrandPrix BMX Bicycle
26) Free Spirit Bicycle
27) Raleigh Assault Bicycle
28) Trek Mountain Bicycle
29) Sport Rock 2000 bicycle
30) Huffy bicycle
31) Magna Bicycle
32) Next Bicycle
33) Next Bicycle
34) Dyno Zone Bicycle
35) Hard Bicycle
36) Homer Bicycle
37) Mongoose Bicycle
38) Palomar GT Bicycle
39) Trek Bicycle
40) Magna Bicycle
Business Filing Details Page 1 of 2
Home (/)
Search ( /Business /Search) Filings ( /Business /Filings)
Search » Business Filings
Business Record Details »
page 45
« Back to Search Results
File Amendment or Renewal (/ Business / Amendments? filingGuid= 4083fcfe- 88d4- e011 -a886 -001 ec94ffe7f)
Order Copies
Order a Certificate (/ Business / Certificates? businessMasterGuid= 4083fcfe- 88d4 -e011 -a886-
001 ec94ffe7f& route = filing& productld= 007ecb3e- fad3 -e011 -a886-
001 ec94ffe7f& originalFilingGuid= 139ff099- c5d4- e011 -a886 -001 ec94ffe7f)
Minnesota Business Name
Bikes for Kids
Business Type MN Statute
Assumed Name 333
File Number Home Jurisdiction
1018317 -2 Minnesota
Filing Date Status
08/24/2004 Active / In Good Standing
Renewal Due Date:
08/24/2014
Principal Place of Business Address
2701 University Ave SE
Mpls MN 55414
USA
Registered Agent(s)
(Optional) None provided
Nameholder Nameholder Address
North Star Charitable Fndtn 2701 University Ave SE, Mpls, MN 55414
Filing History
Filing History
08/24/2004 Original Filing - Assumed Name
Office of the MN Secretary of State Home
Page (http: / /www.sos.state.mn.us)
System Requirements Additional MBLS Information
The MBLS application works with the
http: / /mblsportal. sos. state. mn.usBusiness /SearchDetails? filingGuid= 4083fcfe- 88d4- e011... 11/26/2013
CITY OF
j/'r. jJ MENDOTA HEIGHTS
page 46
5h.
1101 Victoria Curve I Mendota H. 118
651.452.1850 phone 1 651.452.8940 fax
www.mendota -hei g hts.com
DATE: December 3, 2013
TO: Mayor, City Council, and City Administrator
FROM: John R. Mazzitello, PE, PMP, MBA — Public Works Director /City Engineer
SUBJECT: Traffic Control Signal Agreement for Lexington Avenue and Highway 110
BACKGROUND
Dakota County and the Minnesota Department of Transportation (MnDOT) will be replacing the
traffic signal at the intersection of Lexington Avenue and Highway 100 in 2014. As part of the
signal replacement project, a renewal of the maintenance agreement is required. The attached
agreement outlines the maintenance responsibilities of MnDOT, Dakota County, and the City of
Mendota Heights. The City's responsibilities under this agreement remain the same as under
previous agreements and are consistent with City responsibilities for other signals throughout the
City. The City of Mendota Heights will be responsible for:
1. Maintain the signal pole mounted LED luminaires and all internal components, including
replacing the LED luminaires when necessary.
2. Provide the State's District Engineer or their designated representative a list of all
vehicles with EVP emitter units, if requested by the State.
BUDGET IMPACT
Streetlight maintenance expenses are funded out of the Street Department, which is a general
fund levy funded department. Maintenance of this traffic signal is already included in the
budget, and the new signal, with LED luminaries, is anticipated to require less maintenance that
the existing signal. No adverse budgetary impacts are anticipated as a result of executing this
agreement. The City is not participating in the funding of the 2014 signal installation.
RECOMMENDATIONS
Staff recommends Council approve the attached Traffic Control Signal Agreement Number
04595. If Council wishes to act of staff's recommendation, adopt Resolution 2013 -81, A
RESOLUTION AUTHORIZING ENTERING INTO TRAFFIC CONTROL SIGNAL
AGREEMENT NUMBER 04595 FOR THE TRAFFIC CONROL SIGNAL AT THE
INTERSECTION OF COUNTY ROAD 43 (LEXINGTON AVENUE) AND HIGHWAY 110.
This action requires a simple majority vote.
page 47
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 2013 -81
RESOLUTION AUTHORIZING ENTERING INTO TRAFFIC CONTROL
SIGNAL AGREEMENT NUMBER 04595 FOR THE TRAFFIC CONROL SIGNAL
AT THE INTERSECTION OF COUNTY ROAD 43 (LEXINGTON AVENUE)
AND HIGHWAY 110
IT IS RESOLVED that the City of Mendota Heights enter into Agreement No. 04595 with the
State of Minnesota, Department of Transportation and Dakota County for the following
purposes:
To provide for the operation, maintenance and power of the new Traffic Control Signal with
Signal Pole Mounted Luminaires, Accessible Pedestrian Signals, Signing, ADA related items,
Emergency Vehicle Pre - emption System, and the existing Interconnect on Trunk Highway No. 110
at County Road No. 43 (Lexington Avenue) in the City of Mendota Heights, Dakota County
constructed under State Project No. 1908 -108.
IT IS FURTHER RESOLVED that the Public Works Director /City Engineer and the
(Title)
City Administrator are authorized to execute the Agreement and any amendments to the
(Title)
Agreement.
CERTIFICATION
I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council
of the City of Mendota Heights an authorized meeting held on the 3rd day of December, 2013, as
shown by the minutes of the meeting in my possession.
Subscribed and sworn to before me this
day of , 2013
Notary Public
My Commission Expires
(Signature)
(Type or Print Name)
(Title)
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
And
DAKOTA COUNTY
And
MENDOTA HEIGHTS
TRAFFIC CONTROL SIGNAL AGREEMENT
State Project Number (S.P.): 1918 -108
Trunk Highway Number (T.H.): 110 =117
County Project No: C.P. 43 -32
Signal System ID 21417
Total County Obligation
$133,375.01
page 48
This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ( "State "), the
County of Dakota acting through its County Board ( "County "), and the City of Mendota Heights acting through its
City Council ( "City ").
Recitals
1. The State will remove the existing Traffic Control Signal and install a new Traffic Control Signal with
Accessible Pedestrian Signals ( "APS "), Signal Pole Mounted L.E.D. Luminaires, and Signing ( "Signal
System ") on Trunk Highway No. 110 at County Road No. 43 (Lexington Avenue), according to
State - prepared plans, specifications and special provisions designated by the State as State Project No.
1918 -108 (T.H. 110 = 117)( "Project "); and
2. The State will install an Emergency Vehicle Pre - emption System ( "EVP System ") and American Disabilities
Act (ADA) related items (Remove Curb and Gutter, Remove Concrete Walk, Remove Bituminous Pavement,
Concrete Walk, Concrete Curb and Gutter, and Truncated Domes) as part of the new Signal System; and
3. The State will furnish a signal system cabinet and controller ( "State Furnished Materials "), according to the
Project Plan, to operate the Signal System covered under this Agreement; and
4. The County wishes to participate in the Construction Costs, State Furnished Materials( Lump Sum ), and
associated construction engineering; and
5. The City, County, and the State will participate in the operation and maintenance of the new Signal System,
EVP System, and ADA related items.
6. Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make
arrangements with and cooperate with any governmental authority for the purposes of constructing,
maintaining and improving the trunk highway system.
Agreement
1. Term of Agreement; Survival of Terms; Plans
1.1. Effective date. This Agreement will be effective on the date the State obtains all signatures required by
Minnesota Statutes § 16C.05, subdivision 2.
1.2. Expiration date. This Agreement will expire when all obligations have been satisfactorily fulfilled.
1.3. Survival of terms. All clauses which impose obligations continuing in their nature and which must survive
in order to give effect to their meaning will survive the expiration or termination of this Agreement,
including, without limitation, the following clauses: 8. Liability; Worker Compensation Claims; 10. State
Audits; 11. Government Data Practices; 12. Governing Law; Jurisdiction; Venue; and 14. Force Majeure.
The terms and conditions set forth in Article 3. Signal System and EVP System Power, Operation, and
page 49
Maintenance will survive the expiration of this Agreement, but may be terminated by another Agreement
between the parties.
1.4. Plans, Specifications, Special Provisions. Plans, specifications and special provisions designated by the
State as State Project No. 1918 -108 (T.H. 110 =117) are on file in the office of the Commissioner of
Transportation at St. Paul, Minnesota, and incorporated into this Agreement by reference. ( "Project Plans ")
1.5. Exhibits. Preliminary Schedule "I" is on file in the office of the County Engineer and incorporated into this
Agreement by reference.
2. Construction by the State
2.1. Contract Award. The State will advertise for bids and award a construction contract to the lowest
responsible bidder according to the Project Plans.
2.2. Direction, Supervision and Inspection of Construction. The State will direct and supervise all construction
activities performed under the construction contract, and perform all construction engineering and
inspection functions in connection with the contract construction. All contract construction will be
performed according to the Project Plans.
2.3. Plan Changes, Additional Construction, Etc.
A. The State will make changes in the Project Plans and contract construction, which may include City and
or County participation construction covered under this Agreement, and will enter into any necessary
addenda, change orders and supplemental agreements with the State's contractor that are necessary to
cause the contract construction to be performed and completed in a satisfactory manner. The State
District Engineer's authorized representative will inform the appropriate City and or County officials of
any proposed addenda, change orders and supplemental agreements to the construction contract that will
affect the City and or County participation construction covered under this Agreement.
B. The City and or County may request additional work or changes to the work in the plans as part of the
construction contract. Such request will be made by an exchange of letter(s) with the State. If the State
determines that the requested additional work or plan changes are necessary or desirable and can be
accommodated without undue disruption to the Project, the State will cause the additional work or plan
changes to be made.
2.4. Satisfactory Completion of Contract. The State will perform all other acts and functions necessary to cause
the construction contract to be completed in a satisfactory manner.
3. Signal System, EVP System, and ADA related items Power, Operation, and Maintenance
Power, operation and maintenance responsibilities will be as follows for the Signal System, EVP System, and
ADA related items on Trunk Highway No. 110 at County Road No. 43.
3.1. City and County Responsibilities
A. Power. The County and the City shall jointly be responsible for providing the necessary
electrical power including connection fees and monthly power charges of the new Traffic
Control Signal, Signal Pole Mounted L.E.D. Luminaires, and EVP System. The County will
receive the bill for the necessary electrical power including connection fees and the monthly
electrical power of the new Traffic Control Signal, Signal Pole Mounted L.E.D. Luminaires,
and EVP System. The County will invoice the City for 100 percent of the luminaire energy
costs and 50 percent of the signal energy costs.
B. Minor Signal System Maintenance.
The City will, at its own cost and expense:
i. Maintain the signal pole mounted L.E.D. luminaires and all internal components, including
replacing the L.E.D. luminaires when necessary.
page 50
ii. Provide the State's District Engineer or their designated representative a list of all vehicles with EVP
emitter units, if requested by the State.
The County will, at its cost and expense:
i. Replace the Signal System L.E.D. indications.
ii. Clean the Signal System controller cabinet and service cabinet exteriors.
iii. Clean the Signal System and luminaire mast arm extensions.
3.2 State Responsibilities
Major Signal System Maintenance and Operation:
i. The State will, at its cost and expense, be responsible for all other traffic control signal and signal
pole mounted luminaire maintenance not indicated in 3.1.B above.
ii. As owner, perform Gopher State One Call Locating and be responsible for scheduling future Signal
and EVP System replacement and relocation.
EVP System Operation:
The EVP System will be installed, operated, maintained, and removed according to the following
conditions and requirements:
i. All maintenance of the EVP System must be done by State forces.
ii. Emitter units may be installed only on authorized emergency vehicles, as defined in Minnesota
Statutes § 169.011, Subdivision 3. Authorized emergency vehicles may use emitter units only when
responding to an emergency.
iii. Malfunction of the EVP System must be reported to the State immediately.
iv. In the event the EVP System or its components are, in the opinion of the State, being misused or the
conditions set forth in Paragraph ii. above are violated, and such misuse or violation continues after
the City receives written notice from the State, the State may remove the EVP System. Upon
removal of the EVP System pursuant to this Paragraph, all of its parts and components become the
property of the State.
v. All timing of the EVP System will be determined by the State.
3.3. Right of Way Access. Each party authorizes the other party to enter upon their respective public right of way
to perform the maintenance activities described in this Agreement.
3.4. Related Agreements. This agreement will supersede and terminate the operation and maintenance terms of
Agreement No. 70780, dated June 18, 1993, between the parties, for the intersection of Trunk Highway
No. 110 at County Road No. 43 (Lexington Avenue).
4. Basis of City Cost
4.1. SCHEDULE "1 ". The Preliminary SCHEDULE "I" includes all anticipated County participation
construction items, State Furnished Materials lump sum amounts and the construction engineering cost
share covered under this Agreement, and is based on engineer's estimated unit prices.
4.2. County Participation Construction. The County will participate in the following at the percentages
indicated:
50 Percent will be the County's rate of cost participation for the Construction Costs and State Furnished
Materials on Trunk Highway No. 110 at County Road No. 43.
page 51
4.3. Construction Engineering Costs. The County will pay a construction engineering charge equal to 8 percent
of the total County participation construction covered under this Agreement.
4.4. Plan Changes, Additional Construction, Etc. The County will share in the costs of construction contract
addenda, change orders and supplemental agreements that are necessary to complete the County
participation construction covered under this Agreement, including any County requested additional work
and plan changes.
The State reserves the right to invoice the County for the cost of any additional County requested work and
plan changes, construction contract addenda, change orders and supplemental agreements, and associated
construction engineering before the completion of the contract construction.
5. County Cost and Payment by the County
5.1. County Cost. $133,375.01 is the County's estimated share of the costs of the contract construction, State
Furnished Materials and the 8 percent construction engineering cost share as shown in the Preliminary
SCHEDULE "I ". The Preliminary SCHEDULE "I" was prepared using estimated quantities and unit prices,
and may include any credits or lump sum costs. Upon award of the construction contract, the State will
prepare a Revised SCHEDULE "I" based on construction contract unit prices, which will replace and
supersede the Preliminary SCHEDULE "I" as part of this agreement.
5.2. Conditions of Payment. The County will pay the State the full and complete lump sum amount as shown in
the Revised SCHEDULE "I ", after the following conditions have been met:
A. Execution of this Agreement and transmittal to the County, including a copy of the Revised
SCHEDULE "I ".
B. The County's receipt of a written request from the State for the advancement of funds.
5.3. Acceptance of the County's Cost and Completed Construction. The computation by the State of the
amount due from the County will be final, binding and conclusive. Acceptance by the State of the
completed contract construction will be final, binding and conclusive upon the County as to the satisfactory
completion of the contract construction.
5.4. Final Payment, Additional City Requested Work
Upon completion of all contract construction and upon computation of the final amount due the State's
contractor, and only if additional work has been requested under Article 2.3.B of this Agreement, the State
will prepare a Final SCHEDULE "I" and submit a copy to the County. The Final SCHEDULE "I" will be
based on final quantities of any additional County requested participation construction items and the
construction engineering cost share due to additional requested work. The computation by the State of the
amount due from the County will be final, binding and conclusive.
6. Authorized Representatives
Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give
and receive any notice or demand required or permitted by this Agreement.
6.1. The State's Authorized Representative will be:
Name /Title: Allan Espinoza, Mn/DOT Metropolitan District Traffic Engineering, (or successor)
Address: 1500 County Road B2 West, Roseville, MN 55113
Telephone: (651) 234 -7812
Fax: (651) 234 -7850
E -Mail: allan.espinoza@state.mn.us
page 52
6.2. The County's Authorized Representative will be:
Name /Title: Mark Krebsbach, Dakota County Engineer (or successor)
Address: 14955 Galaxie Avenue West, Apple Valley, MN 55124 -8579
Telephone: (952) 891 -7100
Fax: (952) 891 -7127
6.3. The City's Authorized Representative will be:
Name /Title: John Maazzitello, Mendota Heights City Engineer (or successor)
Address: 1101 Victoria Curve, Mendota Heights, MN 55118
Telephone: (651) 452 -1850
Fax: (651) 452 -8940
7. Assignment; Amendments; Waiver; Contract Complete
7.1. Assignment. Neither party may assign or transfer any rights or obligations under this Agreement without the
prior consent of the other party and a written assignment agreement, executed and approved by the same
parties who executed and approved this Agreement, or their successors in office.
7.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has
been executed and approved by the same parties who executed and approved the original Agreement, or
their successors in office.
7.3. Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the provision
or the party's right to subsequently enforce it.
7.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State, the
County, and the City. No other understanding regarding this Agreement, whether written or oral, may be
used to bind either party.
8. Liability; Worker Compensation Claims
8.1. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law
and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes
§ 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other
applicable law govern liability of the County and the City.
8.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation
Act.
9. Nondiscrimination
Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are
considered part of this Agreement.
10. State Audits
Under Minnesota Statutes § 16C.05, subdivision 5, the County's and City's books, records, documents, and
accounting procedures and practices relevant to this Agreement are subject to examination by the State and the
State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement.
11. Government Data Practices
The City, County, and State must comply with the Minnesota Government Data Practices Act Minnesota Statutes
Chapter 13, as it applies to all data provided under this Agreement, and as it applies to all data created, collected,
received, stored, used, maintained, or disseminated by the City under this Agreement. The civil remedies of
Minnesota Statutes *13.08 apply to the release of the data referred to in this clause by the County, the City or the
State.
page 53
12. Governing Law; Jurisdiction; Venue
Minnesota law governs the validity, interpretation and enforcement of this Agreement. Venue for all legal
proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with
competent jurisdiction in Ramsey County, Minnesota.
13. Termination.
13.1. By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties.
13.2. Termination for Insufficient Funding. The State may immediately terminate this Agreement if it does not
obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at
a level sufficient to allow for the performance of contract construction under the Project. Termination must
be by written or fax notice to the County and City..
14. Force Majeure
No party will be responsible to the other for a failure to perform under this Agreement (or a delay in
performance), if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a
party's reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God,
labor disputes, acts of war or terrorism, or public health emergencies.
(The remainder of this page intentionally left blank)
CITY OF MENDOTA HEIGHTS
By
Date
By
Title
Date
Mayor
page 54
DAKOTA COUNTY
The undersigned certify that they have lawfully
executed this contract on behalf of the Governmental
Unit as required by applicable charter provisions,
resolutions or ordinances.
Recommended for Approval:
By:
Approved as to form:
By:
(County Engineer)
Approved:
By:
Date:
page 55
DEPARTMENT OF TRANSPORTATION
Recommended for Approval:
By:
(District Engineer)
Date:
Approved:
Bv:
(County Attorney) (State Design Engineer)
(Physical Development Director)
Date:
COMMISSIONER OF ADMINISTRATION
County Board Resolution
No. Date: By:
Date:
(With delegated authority)
INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS
EXECUTION.
page 56
DAKOTA COUNTY
RESOLUTION
IT IS RESOLVED that Dakota County enter into MnDOT Agreement No. 04595 with the State
of Minnesota, Department of Transportation for the following purposes:
To provide for payment by the County to the State of the County's share of the costs of the
Traffic Control Signal and EVP construction and other associated construction and to provide for
the operation, maintenance and power of the new Traffic Control Signal with Signal Pole
Mounted Luminaires, Accessible Pedestrian Signals, Signing, ADA related items, Emergency
Vehicle Pre - emption System, and the existing Interconnect to be performed on Trunk Highway
No. 110 at County Road No. 43 (Lexington Avenue), within the corporate City limits of Mendota
Heights under State Project No. 1908 -108.
IT IS FURTHER RESOLVED that the and the
(Title)
amendments to the Agreement.
(Title)
are authorized to execute the Agreement and any
CERTIFICATION
I certify that the above Resolution is an accurate copy of the Resolution adopted by the Board of
Commissioners of Dakota County at an authorized meeting held on the day of
, 2013, as shown by the minutes of the meeting in my possession.
Subscribed and sworn to before me this
day of , 2013
Notary Public
My Commission Expires
(Signature)
(Type or Print Name)
(Title)
page 57
CITY OF MENDOTA HEIGHTS
RESOLUTION
IT IS RESOLVED that the City of Mendota Heights enter into Agreement No. 04595 with the
State of Minnesota, Department of Transportation and Dakota County for the following
purposes:
To provide for the operation, maintenance and power of the new Traffic Control Signal with
Signal Pole Mounted Luminaires, Accessible Pedestrian Signals, Signing, ADA related items,
Emergency Vehicle Pre - emption System, and the existing Interconnect on Trunk Highway No. 110
at County Road No. 43 (Lexington Avenue) in the City of Mendota Heights, Dakota County
constructed under State Project No. 1908 -108.
IT IS FURTHER RESOLVED that the and the
(Title)
amendments to the Agreement.
(Title)
are authorized to execute the Agreement and any
CERTIFICATION
I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council
of the City of Mendota Heights an authorized meeting held on the day of
, 2013, as shown by the minutes of the meeting in my possession.
Subscribed and sworn to before me this
day of , 2013
Notary Public
My Commission Expires
(Signature)
(Type or Print Name)
(Title)
PRELIMINARY SCHEDULE "I"
Agreement No. 04595
Dakota County
11 S.P. 1918 -108 (T.H. 110 =117) Preliminary November 13, 2013
11 C.P. 43 -32 11
4g
w
5
v)
11 Traffic control signal construction to start approximately July 25, 2014 under
11 State Contract No. with
11 located on Trunk Highway No. 110 at County Road No. 43 (Lexington Avenue), Dakota County, MN
11 (1) Amount of advance payment as described in Article 5 of the Agreement (Estimated amount) 11
DAKOTA COUNTY TRAFFIC SIGNAL COST PARTICIPATION
Participating County Cost Total County
Costs Participation Cost
Rates
2565.511 Signal System $182,344.00 50.0% $91,172.00
2565.601 Emergency Vehicle Pre - emption System $7,498.00 50.0% $3,749.00
State Furnished Materials - System $25,664.00 50.0% $12,832.00
Construction and State - Furnished Materials Subtotals $107,753.00
Construction Engineering (8 %) $8,620.24
Signal Sub - Totals (Construction + Construction Engineering) $116,373.24
From Sheet No. 2 (50% of ADA Construction) $15,742.38
Construction Engineering (8 %) $1,259.39
ADA Sub - Totals (Construction + Construction Engineering) $17,001.77
(1) Total Signal and ADA Construction + Construction Engineering $133,375.01
0 m EN JaCITA HEIGHTS
li j
DATE:
TO:
FROM:
SUBJECT:
Item 1:
page 59
5i.
December 3, 2013
Mayor, City Council and City Administrator
Tamara Schutta, Assistant to the City Administrator /HR Coordinator
Personnel Action Items
Approval of employment of part -time winter 2013/2014 seasonal employees
Staff is requesting council approval for the hiring of the below listed part -time winter seasonal ice
rink attendants and rink flooders. All final candidates were offered their position contingent upon a
successful completion of a criminal background check and council approval. The proposed salaries
are consistent with the part -time seasonal staff pay matrix.
Parks and Recreation — Seasonal Rink Attendant Positions 2013/2014.
Rink Attendants
Cody Gill
Alexandra Henderson
Paul Krispin
Katherine Kulhanek
Tyler Larson
Kieran Lynch
Erin Patrick
Grant Poole
Hourly Wage
$8.25
$22.75/$9.00
$8.25
$8.50
$8.25
$8.50
$8.50
$8.50
Rink Attendants
John Remachel
Emmett Sexton
Shea Sexton
William Strombeck
Sophia Volk
Jake Wittrock
Zackary Zafke
Public Works Department — Seasonal Rink Flooder Positions 2013/2014
Rink Flooder
Sean Grainger
Chad Hanson
Jacob Kreuser
Adam Toth
Nicholas Toth
BUDGET IMPACT
As noted above.
Hourly Rate
$10.25
$10.25
$10.25
$10.25
$9.75
Rink Flooder
James Wills
Jake Wittrock
Lucas Wittrock
Scott Wolff
Hourly Wage
$8.50
$8.25
$8.25
$8.25
$8.25
$9.00
$8.50
Hourly Rate
$10.00
$10.50
$9.75
$10.00
RECOMMENDATION
Staff recommends that city council approve the above mentioned part -time seasonal position
candidates for employment for the winter 2013/2014 season. If the city council concurs in the
recommendation, it should pass a motion to approve the above listed seasonal hires.
CITY OF
j/'r. jJ MENDOTA HEIGHTS
page 60
1101 Victoria Curve I Mendota He 5j. 118
651.452.1850 phone 1 651.45 .
www.mendota -hei g hts.com
DATE: December 3, 2013
TO: Mayor, City Council, and City Administrator
FROM: John R. Mazzitello, PE, PMP, MBA — Public Works Director /City Engineer
SUBJECT: Plan of Dissolution and Distribution for Gun Club Lake Watershed Management
Organization
BACKGROUND
In September of this year, City Council initiated the process to dissolve the Joint Powers
Agreement (JPA) for the Gun Club Lake Watershed Management Organization (GCLWMO).
Subsequently, the other two member cities — Eagan and Inver Grove Heights — passed similar
resolutions. The existing JPA is being dissolved and as part of that dissolution, the GCLWMO
needs to disperse the remaining assets of the WMO.
The attached Plan of Dissolution and Distribution directs the GCLWMO board as to how
disbursement of remaining assets is to take place. The City of Inver Grove Heights and the City
of Eagan will be considering the same plan at their upcoming City Council meetings. Once
approved by all cities, the GCLWMO Board will vote to disburse assets at their December
meeting.
BUDGET IMPACT
Approval of this plan and ultimate action by the GCLWMO board will result in a refund paid to
the City of Mendota Heights. Bases on the cash balance of the WMO, and the percentage of
contribution the City of Mendota Heights has paid in the past, that refund is estimated to be
$1500 - $2000. Any refund received would be deposited into the storm sewer utility fund.
RECOMMENDATIONS
Staff recommends approval of the attached PLAN OF DISSOLUTION AND DISTRIBUTION
FOR GUN CLUB LAKE WATERSHED. If Council wished to implement the staff
recommendation, Council should pass a motion of approval by a simple majority vote.
page 61
PLAN OF DISSOLUTION AND DISTRIBUTION FOR
GUN CLUB LAKE WATERSHED
WHEREAS, the Cities of Eagan, Inver Grove Heights and Mendota Heights (hereinafter
collectively hereinafter referred to as the "Cities ") created a watershed management organization
known as the "Gun Club Lake Watershed Management Organization" (hereinafter the "WMO ");
and
WHEREAS, pursuant to Section 11, Subdivision 2 of the Joint Powers Agreement
establishing the WMO, the Cities have elected to dissolve the WMO and through their councils
have adopted appropriate resolutions to dissolve the WMO effective January 14, 2014, or such
later date as may be needed to carry out the duties of the WMO; and
WHEREAS, the Cities desire to adopt an orderly plan of dissolution and distribution of
the assets of the WMO.
NOW, THEREFORE, in consideration of the foregoing, the Cities hereby agree to direct
the WMO as follows:
1. RECORDS AND ACCOUNTS OF THE WMO. The Chair and Secretary- Treasurer
of the WMO are directed to take all reasonable steps to transfer records and
accounts of the WMO to the City of Eagan at the following address:
City of Eagan
Attn: Eric Macbeth, Water Resources Manager
3830 Pilot Knob Road
Eagan, MN 55122
2. FUNDS HELD BY THE WMO. All funds held by the WMO, after payment of all
lawful debts, shall be distributed to the Cities in proportion to the contribution
made by each City pursuant to the Joint Powers Agreement.
3. AUDIT. An annual report/audit is required to be presented to the Board of
Water and Soil Resources (the "BWSR ") and the Chair and Secretary -
Treasurer of the WMO are directed to take such efforts as may be necessary to
complete the audit and provide the same to the BWSR.
4. INSURANCE POLICY. The Chair and Secretary- Treasurer of the WMO shall
notify the League of Minnesota Cities Insurance Trust of the dissolution of the
WMO and any premiums refunded and dividend received shall be distributed
to the Cities pursuant to Paragraph 2 above.
page 62
5. RESIGNATION. All board members shall tender their resignation at their next
meeting. The Chair and Secretary- Treasurer of the WMO shall have the
responsibility to complete their duties as part of the winding up of the WMO.
Dated: CITY OF EAGAN
By:
Mike Maguire
Its: Mayor
By:
Christina M. Scipioni
Its: City Clerk
Dated: INVER GROVE HEIGHTS
By:
George Tourville
Its: Mayor
By:
Melissa Kennedy
Its: Deputy City Clerk
Dated: MENDOTA HEIGHTS
By:
Sandra Krebsbach
Its: Mayor
By:
Lorri Smith
Its: City Clerk
0 m Glr
crrEY J
OF aCITA HEIGHTS
page 63
5k.
DATE: December 3, 2013
TO: Mayor, City Council and City Administrator
FROM: Tamara Schutta, Assistant to the City Administrator /HR Coordinator
SUBJECT: Paul Berg Retirement
BACKGROUND
As you are aware, Code Enforcement Officer/Building Official Paul Berg has informed us of his
intent to retire as Code Enforcement Officer/Building Official after 34 years of service to the City
of Mendota Heights. Paul's last day with the city will be Friday, December 27, 2013.
During Paul's service to the city, he was responsible for the review of building plans, building
inspections and code enforcement. Over half of Mendota Heights' residential properties and most
of the industrial park were initially developed and constructed under his watch. Paul
professionally and skillfully addressed all building codes, zoning ordinances and regulations for
building plans. We have a deep appreciation of Paul's work and he will definitely be missed.
BUDGET IMPACT
Not applicable.
RECOMMENDATION
City staff recommends the city council recognize Code Enforcement Officer/Building Official
Paul Berg's retirement effective December 27, 2013. This action requires a simple majority vote.
page 64
1101 Victoria Curve 1 Men 51 • s MN 55118
651.4521850 phone 1 .'40 fax
www.mendota- heights.com
DATE:
TO:
FROM:
SUBJECT:
CITY OF
MENDOTA HEIGHTS
BACKGROUND
December 3, 2013
Mayor, City Council and City Administrator
Tamara Schutta, Assistant to the City Administrator/HR Coordinator
Advisory Commission Terms
The City of Mendota Heights is served by three commissions which are advisory to the city
council. Members of the airport relations commission, parks and recreation commission and
planning commission appointed by the city council serve three year terms. The following
commissioners are at the end of their current term and eligible for reappointment:
Planning Commission: Howard Roston and Mike Noonan
Airport Relations: Kevin Byrnes, Gina Norling and Jim Neuharth
Parks and Recreation: David Miller
The above commission members would like to be reappointed.
In addition to these terms, there will be one full (three year) term open on the parks and
recreation commission. Mary McGrory - Usset's term ends January 2014. Ms. McGrory -Usset
will not be seeking a reappointment to the parks and recreation commission.
The city is also represented by residents on our local watershed management organizations.
With the dissolution of the Gun Club Lake WMO, the Lower Mississippi River Watershed is the
only board needing appointments in the near future. Both our primary representative (Mary
Jeanne Schneeman) and our alternate representative (Jill Smith) wish to be re- appointed to their
respective posts.
Staff proposes the following process for appointment and reappointment for our advisory
commissions:
• Publicize the opening for a parks and recreation commission appointment starting
December 4, 2013, with applications due to City Administrator Justin Miller by January
10, 2014.
• Interview candidates for commission openings Tuesday, January 21, 2014, starting at
6:00 p.m. (depending on number of applications received)
• A resolution re- appointing existing commissioners and appointing new commissioner(s)
would be included on the agenda for the January 21, 2014 city council meeting for terms
to begin February 1, 2014.
page 65
BUDGET IMPACT
Not applicable.
RECOMMENDATION
Staff recommends the proposed timeline for appointment and reappointment to our advisory
commissions. If the city council wishes to implement the recommendation, pass a motion
directing staff to seek applicants for advisory commission terms. This action requires a simple
majority vote.
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page 67
1101 Victoria Curve 1 Mendota He'
651.4521850 phone 1 651.45
www.mendota-heIghts.com
DATE:
TO:
FROM:
SUBJECT:
CITY OF
MENDOTA HEIGHTS
BACKGROUND
December 3, 2013
Mayor, City Council and City Administrator
Kristen Schabacker, Finance Director
Claims List Summary
Significant Claims
Yocum Oil Co. — Fuel $ 12,452.40
Bearence Management Group — Property Insurance Renewal Fee $ 5,000.00
Crabtree Companies — 2014 Laserfiche Contract $ 7,523.00
Dakota County Financial Services — Radio Fees/CHIN fees $ 14,748.87
Emergency Response Solutions — Thermal Imaging Camera/SCBA Cylinders $ 10,981.90
Great River Greening — Pilot Knob Restoration Contract $ 10,250.00
LMCIT — Property Insurance Premium $ 101,231.00
Northern Technologies Inc. — Street Projects Work $ 5,460.00
Overline & Son — Sewer Cleaning & Televising $ 32,669.88
City of St Paul — Asphalt $ 5,730.42
Manual Checks Total $ 95,383.76
System Checks Total $ 256,760.21
Total for the list of claims for the December 3, 2013 city council meeting $ 352,143.97
RECOMMENDATION:
Approval of the list of claims for December 3, 2013.
CITY OF MENDOTA HEIGHTS
Claims List
MANUAL CHECKS
11/26/13 MAN
Account Comments DEPT Descr Amount
page 68
11/26/13 10:32 AM
Page 1
Search Name MENDOTA HEIGHTS, CITY OF
G 45 -1155 CREDIT CARD TRANSFER
G 15 -1155 CREDIT CARD TRANSFER
G 01 -1155 CREDIT CARD TRANSFER
Search Name MENDOTA HEIGHTS, CITY OF
$20,000.00
$4,500.00
$15,000.00
$39,500.00
$39,500.00
Account
CITY OF MENDOTA HEIGHTS
Claims List
MANUAL CHECKS
11/25/13 MAN
Comments DEPT Descr
page 69
11/26/13 10:30 AM
Page 1
Amount
Search Name AFFINITY PLUS
G 01 -2073 11/22/2013 PAYROLL
Search Name AFFINITY PLUS
Search Name B C A - BTS
E 01 -4490- 070 -70 BACKGROUND CHECKS - SEASONAL PARKS Parks & Recreation
Search Name B C A - BTS
Search Name DAKOTA COUNTY SHERIFF S OFFICE
G 01 -2030 WARRANT MONEY
Search Name DAKOTA COUNTY SHERIFF S OFFICE
Search Name I C M A RETIREMENT 457
G 01 -2072 11/22/2013 PAYROLL
G 01 -2073 11/22/2013 PAYROLL
Search Name I C M A RETIREMENT 457
Search Name NATIONWIDE RETIREMENT SOLUTION
G 01 -2072 11/22/2013 PAYROLL
Search Name NATIONWIDE RETIREMENT SOLUTION
Search Name SW /WC SERVICE COOPERATIVES
E 01- 4131 - 020 -20
E 01- 4131- 110 -10
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
DEC 2013 HEALTH PREMIUM
DEC 2013 HEALTH PREMIUM
DEC 2013 HEALTH PREMIUM
DEC 2013 HEALTH PREMIUM
DEC 2013 HEALTH PREMIUM
DEC 2013 HEALTH PREMIUM
DEC 2013 HEALTH PREMIUM
DEC 2013 HEALTH PREMIUM
Search Name SW /WC SERVICE COOPERATIVES
Search Name UNITED WAY OF ST. PAUL
G 01 -2070 11/22/2013 PAYROLL
Search Name UNITED WAY OF ST. PAUL
Search Name XCEL ENERGY
E 01 -4212- 320 -70
E 45- 4211- 047 -45
E 01- 4211- 320 -70
E 45- 4211 - 046 -45
E 45- 4212 - 046 -45
Search Name XCEL ENERGY
SEPT /OCT 2013 UTILITIES
SEPT /OCT 2013 UTILITIES
SEPT /OCT 2013 UTILITIES
SEPT /OCT 2013 UTILITIES
SEPT /OCT 2013 UTILITIES
Search Name YOCUM OIL COMPANY, INC.
G 01 -1210 FUEL - GASOLINE
Search Name YOCUM OIL COMPANY, INC.
Police
Administration
Code Enforcement/Insp
Road & Bridges
Parks & Recreation
Engineering Enterprise
Parks & Recreation
Golf Course
Parks & Recreation
Golf Course
Golf Course
$1,040.00
$1,040.00
$225.00
$225.00
$380.00
$380.00
$469.92
$192.00
$661.92
$650.00
$650.00
$17,086.00
$3,488.00
$1,452.00
$4,574.00
$1,364.50
$4,268.50
$6,062.00
$1,561.00
$39,856.00
$48.00
$48.00
$9.62
$412.88
$12.22
$105.41
$30.31
$570.44
$12,452.40
$12,452.40
$55,883.76
CITY OF MENDOTA HEIGHTS
Claims List
SYSTEM CHECKS
12/03/13 PAY
page 70
11/26/13 10:39 AM
Page 1
Account Comments DEPT Descr Amount
Search Name 4 PAWS ANIMAL CONTROL LLC
E 01- 4225 - 800 -90 OCT 2013 ANIMAL CONTROL Animal Control $581.63
Search Name 4 PAWS ANIMAL CONTROL LLC $581.63
Search Name AMERICAN FLEET SUPPLY
E 01- 4330 - 440 -20 EQUIPMENT REPAIR PARTS - PD Police $190.96
E 01- 4330 - 490-50 EQUIPMENT REPAIR PARTS - STREETS Road & Bridges $27.77
Search Name AMERICAN FLEET SUPPLY $218.73
Search Name AMERICOM, INC
E 01- 4301 - 114 -14 ACCESS SYSTEM RENEWAL Info Tech $1,490.91
Search Name AMERICOM, INC $1,490.91
Search Name APACHE GROUP
E 01- 4305 - 030 -30 SUPPLIES - FIRE HALL Fire $137.87
E 08- 4335 - 000 -00 SUPPLIES - CITY HALL Spec Fds $207.94
Search Name APACHE GROUP $345.81
Search Name ASCHENBRENER, MICHAEL
E 01- 4305 - 020 -20 CITIZENS' ACADEMY SUPPLIES Police $132.50
E 01- 4305 - 020 -20 CITIZENS' ACADEMY SUPPLIES Police $130.00
Search Name ASCHENBRENER, MICHAEL $262.50
Search Name B C A -TRAINING & EDUCATION
E 01 -4400- 020 -20 RECERTIFICATION COURSE - R. LAMBERT Police $75.00
E 01- 4400 - 020 -20 RECERTIFICATION COURSE - B. CONVERY Police $75.00
E 01- 4400 - 020 -20 RECERTIFICATION COURSE - S. MEYER Police $75.00
E 01 -4400- 020 -20 RECERTIFICATION COURSE - 3. VON FELDT Police $75.00
E 01- 4400 - 020 -20 RECERTIFICATION COURSE - 3. LARRIVE Police $75.00
E 01- 4400 - 020 -20 RECERTIFICATION COURSE - E. PETERSON Police $75.00
E 01- 4400 - 020 -20 RECERTIFICATION COURSE - CH. WILLSON Police $75.00
E 01- 4400 - 020 -20 RECERTIFICATION COURSE - D. URMANN Police $75.00
Search Name B C A - TRAINING & EDUCATION $600.00
Search Name BATTERIES PLUS
E 01- 4301 - 114 -14 COMPUTER EQUIPMENT Info Tech $102.44
G 01 -2035 COMPUTER EQUIPMENT - USE TAX -$6.59
Search Name BATTERIES PLUS $95.85
Search Name BEARENCE MANAGEMENT GROUP
E 01- 4250 - 110 -10 POLICY RENEWAL FEE - PROP. INS. Administration $5,000.00
Search Name BEARENCE MANAGEMENT GROUP $5,000.00
Search Name BERTELSON TOTAL OFFICE SOLUTNS
E 01- 4300 - 040 -40 OFFICE SUPPLIES - PAPER Code Enforcement/Inspe $117.52
E 01- 4300 - 030 -30 OFFICE SUPPLIES - PAPER Fire $35.26
E 15- 4300 - 060 -60 OFFICE SUPPLIES - PAPER Utility Enterprise $35.26
E 01- 4300 - 080 -80 OFFICE SUPPLIES - PAPER Planning $105.77
E 05-4300- 105 -15 OFFICE SUPPLIES - PAPER Engineering Enterprise $70.51
E 01- 4300 - 020 -20 OFFICE SUPPLIES - PAPER Police $117.52
E 01- 4300 - 110 -10 OFFICE SUPPLIES - PAPER Administration $611.10
E 01- 4300-110 -10 OFFICE SUPPLIES - ADMIN Administration $227.05
E 01- 4300-110 -10 OFFICE SUPPLIES - ADMIN Administration $91.70
E 01- 4300 - 070 -70 OFFICE SUPPLIES - PAPER Parks & Recreation $82.26
CITY OF MENDOTA HEIGHTS
Claims List
SYSTEM CHECKS
12/03/13 PAY
Account Comments
DEPT Descr
Search Name BERTELSON TOTAL OFFICE SOLUTNS
Search Name BLUE CHIP TREE CO.
E 01- 4500 - 050 -50
Search Name BLUE CHIP TREE CO.
TRESS TRIMMING
Search Name BREDEMUS HARDWARE COMPANY, INC
E 08- 4335 - 000 -00 REPAIRS - CITY HALL
Search Name BREDEMUS HARDWARE COMPANY, INC
Search Name CC S 111 CHERI
E 01- 4305 - 155 -30
Search Name CC S 111 CHERI
Search Name CENTURY UNK
E 45- 4210 - 045 -45
Search Name CENTURY UNK
CLOTHING - FIRE DEPT
NOV -DEC 2013 SERVICE - PAR3
Search Name COMMERCIAL ASPHALT
E 01 -4422- 050 -50 STREET MAINT. MATERIALS
Search Name COMMERCIAL ASPHALT
Search Name CRABTREE COMPANIES, INC.
G 01 -1215 2014 LASERFICHE CONTRACT
Search Name CRABTREE COMPANIES, INC.
Search Name DAKOTA COMMUNICATIONS CENTER
E 01- 4275 - 020 -20 DECEMBER 2013 DCC FEE
E 01- 4275 - 030-30 DECEMBER 2013 DCC FEE
Search Name DAKOTA COMMUNICATIONS CENTER
Search Name DAKOTA COUNTY FINANCIAL SERVIC
E 01- 4275 - 030 -30
E 01- 4200 - 610 -50
E 01- 4200 - 610 -70
E 15- 4200 - 610 -60
E 05- 4200 - 610 -15
E 01- 4275 - 020 -20
E 01- 4223 - 020 -20
E 01- 4275 - 020 -20
Search Name DAKOTA COUNTY
Search Name DAKOTA COUNTY
E 01- 4240 - 110 -10
Search Name DAKOTA COUNTY
Search Name DELTA DENTAL
E 01- 4131 - 020 -20
G 01 -2074
G 01 -2071
E 15 -4131- 060 -60
E 08- 4131- 000 -00
E 01- 4131- 050 -50
E 01- 4131- 070 -70
E 01- 4131- 110 -10
JUNE -SEP 2013 RADIO SUBSCRIBER FEES
JUNE -SEP 2013 RADIO SUBSCRIBER FEES
JUNE -SEP 2013 RADIO SUBSCRIBER FEES
JUNE -SEP 2013 RADIO SUBSCRIBER FEES
JUNE -SEP 2013 RADIO SUBSCRIBER FEES
EQUIPMENT REPAIR
2013 CJIIN FEE
JUNE -SEP 2013 RADIO SUBSCRIBER FEES
FINANCIAL SERVIC
RECORDER
2013 TNT PUBLICATION
RECORDER
DEC 2013 DENTAL PREMIUM
DEC 2013 DENTAL PREMIUM
DEC 2013 DENTAL PREMIUM
DEC 2013 DENTAL PREMIUM
DEC 2013 DENTAL PREMIUM
DEC 2013 DENTAL PREMIUM
DEC 2013 DENTAL PREMIUM
DEC 2013 DENTAL PREMIUM
Road & Bridges
Spec Fds
Fire
Golf Course
Road & Bridges
Police
Fire
Fire
Road & Bridges
Parks & Recreation
Utility Enterprise
Engineering Enterprise
Police
Police
Police
Administration
Police
Utility Enterprise
Spec Fds
Road & Bridges
Parks & Recreation
Administration
page 71
11/26/13 10:39 AM
Page 2
Amount
$1,493.95
$1,856.95
$1,856.95
$2,256.41
$2,256.41
$327.00
$327.00
$55.07
$55.07
$270.64
$270.64
$7,523.00
$7,523.00
$15,174.35
$798.65
$15,973.00
$1,959.72
$489.93
$279.96
$69.99
$209.97
$19.13
$9,130.54
$2,589.63
$14,748.87
$881.90
$881.90
$650.25
$162.00
$1,496.25
$211.50
$40.50
$333.00
$186.75
$146.25
CITY OF MENDOTA HEIGHTS
Claims List
SYSTEM CHECKS
12/03/13 PAY
page 72
11/26/13 10:39 AM
Page 3
Account Comments DEPT Descr Amount
E 05- 4131 - 105 -15 DEC 2013 DENTAL PREMIUM Engineering Enterprise $81.00
Search Name DELTA DENTAL $3,307.50
Search Name ELECTRO WATCHMAN
E 08- 4335 - 000 -00 QUARTERLY MONITORING CITY HALL Spec Fds $90.84
G 08 -1215 QUARTERLY MONITORING - CITY HALL $181.70
E 15- 4210 - 060 -60 QUARTERLY MONITORING - LIFT STATIONS Utility Enterprise $17634
G 15-1215 QUARTERLY MONITORING - LIFT STATIONS $352.68
Search Name ELECTRO WATCHMAN $801.56
Search Name EMERGENCY APPARATUS MTNC
E 01- 4330 - 460 -30 EQUIPMENT REPAIR - FIRE DEPT Fire $1,554.48
Search Name EMERGENCY APPARATUS MTNC $1,554.48
Search Name EMERGENCY RESPONSE SOLUTIONS
E 01- 4630 - 030 -30 THERMAL IMAGING CAMERA - FIRE DEPT Fire $8,132.00
E 01- 4305 - 156 -30 SCBA CYLINDERS Fire $2,849.90
Search Name EMERGENCY RESPONSE SOLUTIONS $10,981.90
Search Name FIRE EQUIPMENT SPECIALTIES
E 01- 4305 - 030 -30 OPERATING SUPPLIES - FIRE DEPT Fire $153.72
Search Name FIRE EQUIPMENT SPECIALTIES $153.72
Search Name FIRECOM
E 01- 4330 - 460 -30 EQUIPMENT REPAIR PARTS - FIRE DEPT Fire $116.10
Search Name FIRECOM $116.10
Search Name FIT TEST INC
E 01- 4268 - 030 -30 FIT TEST - FIRE DEPT Fire $874.00
Search Name FIT TEST INC $874.00
Search Name FLEET SERVICES
E 01- 4200 - 610 -20 OCT 2013 SQUAD LEASES Police $4,602.26
Search Name FLEET SERVICES $4,602.26
Search Name FORMS & SYSTEMS OF MN
E 01- 4305 - 020 -20 OPERATING SUPPLIES - PD Police $128.43
Search Name FORMS & SYSTEMS OF MN $128.43
Search Name FRONTIER AG & TURF
E 01- 4330 - 490 -70 EQUIPMENT REPAIR PARTS - PARKS Parks & Recreation $114.36
E 01- 4330 - 490 -70 EQUIPMENT REPAIR PARTS - PARKS Parks & Recreation $268.27
E 01- 4330 - 490 -70 EQUIPMENT REPAIR PARTS - PARKS Parks & Recreation $131.79
Search Name FRONTIER AG & TURF $514.42
Search Name G &K SERVICES
E 15- 4335 - 310 -60 MAT SERVICE - PW GARAGE Utility Enterprise $36.40
E 01- 4335-310 -50 MAT SERVICE -- PW GARAGE Road & Bridges $36.40
E 01- 4335 - 310 -70 MAT SERVICE - PW GARAGE Parks & Recreation $36.40
Search Name G &K SERVICES $109.20
Search Name GAPINSKI, RICHARD
E 01- 4490 - 109 -09 BONFIRE SUPPLIES City Council $607.85
Search Name GAPINSKI, RICHARD $607.85
Search Name GOLDENSTEIN, SCOTT
Account
E 01- 4330 - 460 -30
Search Name GOLDENSTEIN, SCOTT
Search Name GRAINGER
E 08- 4335 - 000 -00
E 08- 4335 - 000 -00
Search Name GRAINGER
CITY OF MENDOTA HEIGHTS
Claims List
SYSTEM CHECKS
12/03/13 PAY
Comments
DEPT Descr
page 11/26/13 10:39 AM
Page 4
SCBA EYE GLASS REPAIRS
BLDG REPAIR SUPPLIES - CITY HALL
BLDG REPAIR SUPPLIES - C1lY HALL
Search Name GREAT RIVER GREENING
E 09 -4490- 000 -00 PILOT KNOB PROJECT
Search Name GREAT RIVER GREENING
Search Name HANCO CORPORATION
E 01- 4305 - 050 -50
Search Name HANCO CORPORATION
Search Name HUEBSCH
E 08- 4335 - 000 -00
Search Name HUEBSCH
Search Name IDENTISYS
G 07 -1215
Search Name IDENTISYS
Search Name INTEGRA TELECOM
E 01- 4210 - 020 -20
E 15- 4210 - 060 -60
E 01- 4210 - 050 -50
E 05- 4210 - 105 -15
E 01- 4210 - 040 -40
E 01- 4210- 020 -20
E 01- 4210 - 110 -10
E 01- 4210- 070 -70
Search Name INTEGRA TELECOM
EQUIPMENT REPAIR SUPPLIES - STREETS
MAT SERVICE - CITY HALL
2014 CONTRACT - PD
NOV -DEC 2013 TELEPHONE SERVICE
NOV -DEC 2013 TELEPHONE SERVICE
NOV -DEC 2013 TELEPHONE SERVICE
NOV -DEC 2013 TELEPHONE SERVICE
NOV -DEC 2013 TELEPHONE SERVICE
NOV -DEC 2013 TELEPHONE SERVICE
NOV -DEC 2013 TELEPHONE SERVICE
NOV -DEC 2013 TELEPHONE SERVICE
Search Name INVER GROVE FORD
E 15- 4330 - 490 -60 EQUIPMENT REPAIR PARTS - SEWER
Search Name INVER GROVE FORD
Search Name JRS ADVANCED RECYCLERS
E 01- 4280 - 310 -50 EQUIPMENT RECYLING
Search Name JRS ADVANCED RECYCLERS
Search Name L E L S
G 01 -2075 DEC 2013 UNION DUES
Search Name L E L S
Search Name L M C I T1
E 01 -4480- 110 -10 INS. CLAIM - C0026495
Search Name L M C I T1
Search Name L M C I T3
G 05 -1215
E 01- 4250 - 110 -10
E 05- 4250 - 105 -15
PROPERTY INSURANCE - JAN -OCT 2014
PROPERTY INSURANCE - NOV -DEC 2013
PROPERTY INSURANCE - NOV -DEC 2013
Fire
Spec Fds
Spec Fds
Spec Fds
Road & Bridges
Spec Fds
Police
Utility Enterprise
Road & Bridges
Engineering Enterprise
Code Enforcement/Inspe
Police
Administration
Parks & Recreation
Utility Enterprise
Road & Bridges
Administration
Administration
Engineering Enterprise
Amount
$121.32
$121.32
$35.83
$537.97
$573.80
$10,250.00
$10,250.00
$43.98
$43.98
$184.50
$184.50
$654.00
$654.00
$135.91
$266.06
$45.30
$177.35
$70.94
$283.75
$354.69
$45.30
$1,379.30
$931.95
$931.95
$15.00
$15.00
$585.00
$585.00
$848.51
$848.51
$8,666.20
$8,005.75
$1,734.10
Account
E 08- 4250 - 000 -00
E 15- 4250 - 060 -60
G 01 -1215
G 08 -1215
G 15 -1215
G 45 -1215
E 45- 4250 - 045 -45
Search Name L M CI T3
CITY OF MENDOTA HEIGHTS
Claims List
SYSTEM CHECKS
12/03/13 PAY
Comments
PROPERTY INSURANCE
PROPERTY INSURANCE
PROPERTY INSURANCE
PROPERTY INSURANCE
PROPERTY INSURANCE
PROPERTY INSURANCE -
PROPERTY INSURANCE -
- NOV -DEC 2013
- NOV -DEC 2013
- JAN -OCT 2014
- JAN-OCT 2014
- JAN -OCT 2014
JAN -OCT 2014
NOV -DEC 2013
Search Name LAWSON PRODUCTS, INC
E 01 -4305- 050 -50 EQUIPMENT REPAIR SUPPLIES - SHOP
E 01- 4305 - 070 -70 EQUIPMENT REPAIR SUPPLIES - SHOP
E 15- 4305 - 060 -60 EQUIPMENT REPAIR SUPPLIES - SHOP
E 01- 4305 - 050 -50 EQUIPMENT REPAIR SUPPLIES - SHOP
Search Name LAWSON PRODUCTS, INC
Search Name LITTLE FALLS MACHINE, INC.
E 01- 4330 - 490 -50 EQUIPMENT REPAIR PARTS - STREETS
Search Name LITTLE FALLS MACHINE, INC.
Search Name LOGIS
E 01- 4220 - 114 -14
E 01- 4223 - 020 -20
E 01- 4301- 030 -30
Search Name LOGIS
Search Name MENARDS
E 01- 4330 - 215 -70
E 01- 4305 - 070 -70
E 08- 4335 - 000 -00
E 01- 4330 - 490 -50
E 08 -4335- 000 -00
E 01- 4305 - 030 -30
Search Name MENARDS
NETWORK SERVICE
APPLICATION SUPPORT - PD
APPLICATION SUPPORT - FIRE DEPT
PARKS REPAIR MATERIALS
OPERATING SUPPLIES - PARKS
CLEANING SUPPLIES CITY HALL
EQUIPMENT REPAIR PARTS - STREETS
CLEANING SUPPLIES - CITY HALL
OPERATING SUPPLIES - FIRE DEPT
Search Name MID NORTHERN SERVICES
E 15- 4335 - 310 -60
E 01- 4335 - 310 -70
E 28- 4330 - 000 -00
E 28- 4330 - 000 -00
E 01- 4335 - 310 -50
Search Name MID NORTHERN
Search Name MITCHELL1
E 01- 4300 - 040 -40
Search Name MITCHELL1
LIGHTING REPAIRS
LIGHTING REPAIRS
STREET LIGHTS REPAIRS
STREET LIGHTS REPAIRS
LIGHTING REPAIRS
SERVICES
Search Name MN DEPT OF TRSPT
E 22- 4460 - 786 -00
Search Name MN DEPT OF TRSPT
Search Name MNPEA
G 01 -2075
Search Name MNPEA
DEC 2013 SERVICE
TH 110 /DODD RD PROJECT
DEC 2013 UNION DUES
DEPT Descr
Spec Fds
Utility Enterprise
Golf Course
Road & Bridges
Parks & Recreation
Utility Enterprise
Road & Bridges
Road & Bridges
Info Tech
Police
Fire
Parks & Recreation
Parks & Recreation
Spec Fds
Road & Bridges
Spec Fds
Fire
Utility Enterprise
Parks & Recreation
Spec Fds
Spec Fds
Road & Bridges
Code Enforcement /Inspe
Spec Fds
page 74
11/26/13 10:39 AM
Page 5
Amount
$1,127.17
$1,300.58
$65,035.43
$5,637.70
$6,507.43
$2,679.07
$537.57
$101,231.00
$78.87
$78.87
$78.87
$135.30
$371.91
$1,496.37
$1,496.37
$148.50
$2,169.00
$54.00
$2,371.50
$450.23
$37.96
$28.60
$22.95
$52.71
$37.29
$629.74
$45.00
$45.00
$337.50
$202.50
$45.00
$675.00
$158.13
$158.13
$258.50
$258.50
$117.00
$117.00
CITY OF MENDOTA HEIGHTS
Account Comments
Search Name NOACK, GEORGE
E 01- 4410 - 050 -50
Search Name NOACK, GEORGE
Claims List
SYSTEM CHECKS
12/03/13 PAY
DEPT Descr
page 75
11/26/13 10:39 AM
Page 6
Amount
2013 CLOTHING ALLOWANCE
Search Name NORTH STAR PUMP SERVICE
E 15- 4330 - 490 -60 LIFT STATION REPAIRS
Search Name NORTH STAR PUMP SERVICE
Search Name NORTHERN TECHNOLOGIES, INC
E 27- 4220 - 774 -00 HUNTER /ORCHARD PROJECT
E 27- 4220 - 788 -00 VICTORIA RD PROJECT
Search Name NORTHERN TECHNOLOGIES, INC
Search Name OFFICE DEPOT
E 01- 4300 - 030 -30
E 05- 4300 - 105 -15
E 05- 4300 - 105 -15
E 01- 4300 - 030 -30
E 01- 4300 - 030 -30
E 05- 4300 - 105 -15
E 01- 4300 - 030 -30
E 01- 4300 - 030 -30
E 01- 4300 - 030 -30
E 01- 4300 - 030 -30
E 01- 4300 - 020 -20
E 01- 4300 - 020 -20
E 01- 4300 - 030 -30
Search Name OFFICE DEPOT
OFFICE SUPPUES - FIRE DEPT
OFFICE SUPPLIES - ENGINEERING
OFFICE SUPPLIES - ENGINEERING
OFFICE SUPPLIES - FIRE DEPT
OFFICE SUPPLIES - FIRE DEPT
OFFICE SUPPLIES - ENGINEERING
OFFICE SUPPLIES - FIRE DEPT
OFFICE SUPPLIES - FIRE DEPT
OFFICE SUPPLIES - FIRE DEPT
OFFICE SUPPLIES - FIRE DEPT
OFFICE SUPPLIES - PD
OFFICE SUPPLIES - PD
OFFICE SUPPLIES - FIRE DEPT
Search Name OREILLY AUTO /FIRST CALL
E 01- 4330 - 490 -70
E 01- 4330 - 440 -20
E 15- 4330 - 490 -60
E 01- 4330 - 490 -70
E 01- 4305 - 070 -70
E 01- 4305 - 070 -70
E 01- 4330 - 490 -70
E 01- 4305 - 030 -30
E 01- 4330 - 490 -50
EQUIPMENT REPAIR PARTS - SHOP
EQUIPMENT MAINT. SUPPLIES - PD
EQUIPMENT REPAIR PARTS - SHOP
EQUIP. REPAIR SUPPUES - PARKS
OPERATING SUPPLIES - PARKS
OPERATING SUPPLIES - PARKS
EQUIPMENT REPAIR SUPPLIES - PARKS
OPERATING SUPPLIES - FIRE DEPT
EQUIPMENT REPAIR PARTS - SHOP
Search Name OREILLY AUTO /FIRST CALL
Search Name OVERLINE & SON, INC.
E 15- 4330 - 490 -60
Search Name OVERLINE & SON, INC.
Search Name OXYGEN SERVICE CO
E 01- 4330 - 490 -50
E 01- 4330-490 -70
E 15- 4330 - 490 -60
Search Name OXYGEN SERVICE CO
Search Name PETRASEK, ROBERT
E 01- 4403 - 030 -30
Search Name PETRASEK, ROBERT
2013 SEWER CLEANING/TELEVISING
EQUIPMENT REPAIR SUPPLIES - SHOP
EQUIPMENT REPAIR SUPPLIES - SHOP
EQUIPMENT REPAIR SUPPLIES - SHOP
FIRST RESPONDER REFRESHER - FD
Road & Bridges
Utility Enterprise
Spec Fds
Spec Fds
$370.00
$370.00
$1,492.38
$1,492.38
$1,110.00
$4,350.00
$5,460.00
Fire $22.11
Engineering Enterprise $5.03
Engineering Enterprise $116.64
Fire $37.07
Fire - $22.11
Engineering Enterprise $52.68
Fire - $37.07
Fire $37.07
Fire - $37.07
Fire $59.66
Police $189.50
Police $40.60
Fire - $37.07
$427.04
Parks & Recreation
Police
Utility Enterprise
Parks & Recreation
Parks & Recreation
Parks & Recreation
Parks & Recreation
Fire
Road & Bridges
Utility Enterprise
Road & Bridges
Parks & Recreation
Utility Enterprise
Fire
$5.71
$51.28
$5.71
- $144.09
- $88.60
$336.19
$4.25
$49.63
$5.72
$225.80
$32,669.88
$32,669.88
$23.71
$23.71
$23.71
$71.13
$195.00
$195.00
CITY OF MENDOTA HEIGHTS
Claims List
SYSTEM CHECKS
12/03/13 PAY
page 76
11/26/13 10:39 AM
Page 7
Account Comments DEPT Descr Amount
Search Name RIGID HITCH INCORPORATED
E 01- 4330 - 440 -20 EQUIPMENT REPAIR PARTS - PD Police $213.15
Search Name RIGID HITCH INCORPORATED $213.15
Search Name S K B
E 01- 4426 - 050 -50 BONFIRE CLEAN -UP Road & Bridges $1,029.64
Search Name S K B $1,029.64
Search Name SEVEN CORNERS ACE HDWE
E 01- 4330 - 490 -50 EQUIPMENT REPAIR SUPPLIES - SHOP Road & Bridges $3.72
E 01- 4330 - 490 -70 EQUIPMENT REPAIR SUPPLIES - SHOP Parks & Recreation $3.72
E 15- 4330 - 490 -60 EQUIPMENT REPAIR SUPPLIES - SHOP Utility Enterprise $3.72
Search Name SEVEN CORNERS ACE HDWE $11.16
Search Name SPEED PROPS AND PYLONS
E 01- 4305 - 020 -20 CITIZENS' ACADEMY SUPPLIES Police $249.00
Search Name SPEED PROPS AND PYLONS $249.00
Search Name SPRINT
E 01- 4210 - 110 -10 NOV 2013 CELL SERVICE Administration $159.42
E 05- 4210 - 105 -15 NOV 2013 CELL SERVICE Engineering Enterprise $179.29
E 01- 4210 - 030 -30 NOV 2013 CELL SERVICE Fire $56.30
E 45- 4210-045 -45 NOV 2013 CELL SERVICE Golf Course $78.21
E 01- 4210 - 020 -20 NOV 2013 CELL SERVICE Police $970.50
E 01- 4223 - 020 -20 NOV 2013 CELL SERVICE Police $319.92
E 15- 4210 - 060 -60 NOV 2013 CELL SERVICE Utility Enterprise $50.06
Search Name SPRINT $1,813.70
Search Name SPRWS
E 15 -4425- 310 -60 OCT 2013 SERVICE - PW Utility Enterprise $12.44
E 01 -4425- 310 -70 OCT 2013 SERVICE - PW Parks & Recreation $12.44
E 01 -4425- 310 -50 OCT 2013 SERVICE - PW Road & Bridges $12.45
E 01 -4425- 315 -30 OCT 2013 SERVICE - FIRE HALL Fire $124.38
E 08- 4425 - 000 -00 OCT 2013 SERVICE - CITY HALL Spec Fds $62.96
Search Name SPRWS $224.67
Search Name ST. PAUL, CITY OF
E 01- 4422 - 050 -50 ASPHALT MIX Road & Bridges $5,730.42
Search Name ST. PAUL, CITY OF $5,730.42
Search Name SUN UFE
E 08- 4131- 000 -00 DEC 2013 TERM LIFE & LT DISB INS. Spec Fds $80.35
E 15- 4131- 060 -60 DEC 2013 TERM LIFE & LT DISB INS. Utility Enterprise $74.94
E 05- 4131 - 105 -15 DEC 2013 TERM LIFE & LT DISB INS. Engineering Enterprise $75.39
E 01- 4131 - 070 -70 DEC 2013 TERM UFE & LT DISB INS. Parks & Recreation $181.95
E 01- 4131- 050 -50 DEC 2013 TERM LIFE & LT DISB INS. Road & Bridges $216.70
E 01- 4131- 020 -20 DEC 2013 TERM LIFE & LT DISB INS. Police $471.49
E 01- 4131 - 110 -10 DEC 2013 TERM LIFE & LT DISB INS. Administration $382.75
G 01 -2071 DEC 2013 TERM LIFE & LT DISB INS. $1,372.85
Search Name SUN UFE $2,856.42
Search Name T MOBILE
E 01- 4210 - 070 -70 OCT 2013 CELL SERVICE Parks & Recreation $188.03
Search Name T MOBILE $188.03
CITY OF MENDOTA HEIGHTS
Claims List
SYSTEM CHECKS
12/03/13 PAY
page 77
11/26/13 10:39 AM
Page 8
Account Comments DEPT Descr Amount
Search Name TRIANGLE RUBBISH & RECYCLING
E 01- 4280 - 315 -30 OCT 2013 SERVICE - CITY HALL Fire $53.10
Search Name TRIANGLE RUBBISH & RECYCLING $53.10
Search Name TWIN CITY TELEPHONE
E 01- 4330 - 440 -20 MONITORING EQUIPMENT REPAIR Police $546.00
Search Name TWIN CITY TELEPHONE $546.00
Search Name U. S. BANK
E 01- 4404 - 070 -70 2013 MEMBERSHIP Parks & Recreation $25.00
E 08- 4335 - 000 -00 EQUIPMENT - CITY HALL Spec Fds $386.71
E 05-4410- 105 -15 CLOTHING - ENGINEERING Engineering Enterprise $132.95
E 01 -4400- 030 -30 TRAVEL EXPENSE - D. DREELAN Fire $317.43
E 01- 4400 - 030 -30 TRAVEL EXPENSE - J. BOLAND Fire $220.52
E 01 -4490- 109 -09 SUPPLIES - COUNCIL WORKSHOP City Council $63.74
E 01 -4400- 030 -30 TRAVEL EXPENSE - J. MACZKO Fire $110.26
Search Name U. S. BANK $1,256.61
Search Name UNIFORMS UNLIMITED
E 01 -4410- 020 -20 UNIFORM - B. LAMBERT Police $102.12
Search Name UNIFORMS UNLIMITED $102.12
Search Name UNIVERSITY OF MINNESOTA
E 01- 4400 - 020 -20 CONF. REGISTRATION - J. LARRIVE Police $95.00
Search Name UNIVERSITY OF MINNESOTA $95.00
Search Name WINFIELD SOLUTIONS, LLC
E 45- 4334 - 045 -45 CHEMICALS - PAR3 Golf Course $849.81
Search Name WINFIELD SOLUTIONS, LLC $849.81
$256,760.21
page 78
5o.
2073 Licensing List for City Council
Type Contractor Name
Excavating
Gas Piping
General
HVAC
Scherber Companies, Inc
Berg Plumbing & Heating, Inc
David Wayne Construction, Inc
The Shed Shop USA, LLC
American Air Supply
Architect Mechanical, Inc
Tim Johnson Heating & Air
Monday, November 25, 2013 Page 1 of 1
CITY OF
j/'r. m MENDOTA HEIGHTS
DATE: December 3, 2013
TO: Mayor, City Council and City Administrator
FROM: Kristen Schabacker, Finance Director
SUBJECT: 2014 Final Budget and Tax Levy
BACKGROUND
1101 Victoria Curve I Mendota H
651.452.1850 phone 1 651.452.8940 fax
www.mendota -hei g hts.com
page 79
8a.
18
On September 3, 2013 council adopted resolution 2013 -66 approving the preliminary tax levy for the year
2014. The preliminary levy of $6,603,749 was certified to Dakota County in September 2013. There
have been no changes to the amount to be levied.
The city will accept public comments regarding the final budget and levy for 2014. Attached are the
slides that I will be presenting at the meeting. The 2014 tax rate, levy and budget will be reviewed at that
time. Beginning January 1, 2014, the city will be exempt from sales tax on certain purchases. In 2012,
the city paid approximately $43,000 in sales tax on general fund purchases. Purchases made by all other
funds were approximately $9,000. The city will realize a cost savings when this exemption takes effect.
This information will be presented at the public hearing. At this hearing, residents are free to address the
council regarding their questions or concerns with the 2014 levy or budget. Due to ongoing contract
negotiations with the city's three unions, final budget numbers are not quite finalized. We hope to have
contracts agreed upon soon, so staff will bring the final budget and levy for approval at the December 17,
2013 meeting. Here is a comparison of the levies from 2013 and 2014.
Levy Comparison
General Fund
Emergency Preparedness
Fire Relief
Infrastructure /Facility Reserve
Equipment Reserve
Legal & Contingency
Improvement Bonds
Equipment Certificates
Market Value Referendum
Street Light District
2013 Levy 2014 Proposed 2014 Final
$5,331,402 $5,454.959 $5,454,959
25,000 25,000 25,000
68,000 68,000 68,000
20,000 20,000 20,000
20,000 20,000 20,000
40,000 40,000 40,000
545,471 621,689 621,689
52,059 56,364 56,364
266,627 264,737 264,737
48,000 33,000 33,000
Total Levy $6,416,559 $6,603,749 $6,603,749
page 80
BUDGET IMPACT
The final levy proposed is $187,190 greater than 2013. This represents a 2.92% increase from last year.
The final budget numbers will be presented at the December 17, 2013 meeting.
RECOMMENDATION
Staff recommends that the Mendota Heights City Council hold the public hearing and accept public
comments on the 2014 levy and budget. The final levy and budget will be brought forward for approval
at the December 17, 2013 meeting.
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CITY OF
MENDOTA HEIGHTS
page 89
: b/
1101 Victoria Curve I Mendota FE ;nts, MN 55118
651.452.1850 phone 1 651.452.8940 fax
www.mendota•heights.com
DATE: December 3, 2013
TO: Mayor, Council, City Administrator and Chief of Police
FROM: Mike Aschenbrener, Chief of Police / Emergency Manager
SUBJECT: Social Host Ordinance
INTRODUCTION:
At the 2013 City Council goal setting workshop several issues were identified, one of which was
the consideration of establishing a social host ordinance. This issue rose to the forefront as a
quality of life issue when in 2012 several problem properties persisted over the course of the
summer. This ordinance would be an option for the City to deal with problem properties and
protect its residents from the problems related to underage consumption of alcohol.
BACKGROUND:
In 2006 there were no Social Host Ordinances in the State of Minnesota. This changed very
quickly after some high profile deaths of young people in Minnesota. Attached is a document
from MADD Minnesota outlining what a Social Host Ordinance is and what it is not. The basic
premise of the ordinance is the City can hold a person responsible for the actions going on their
property when alcohol is involved.
Social Host ordinances were reviewed from Chaska, Lakeville, South St Paul and Dakota County.
The League of Minnesota Cities provide more information with its research paper "Alcohol in
the City: Liability and Insurance Issues" written in December of 2010 and MADD MN provided
a sample ordinance. More information on underage drinking can be found
at: http: / /www.madd.org /local - offices /mn/ underage - drinking /mn- social- host- ordinances.html .
Attached is Ordinance No. 455 which has only minor deviations from the neighboring Dakota
County cities and Dakota County's ordinance.
ATTACHED:
• MADD MN "What a Social Host Ordinance Is:" document
• Ordinance No. 455 Social Host
RECOMMENDATION:
If Council desires to implement the recommendation, pass a motion adopting Ordinance No. 455
REGULATING SOCIAL HOST. Staff is also recommending that the council approve the
publication of a summary ordinance for this item. If council desires to authorize the publication
of a summary ordinance, a motion to this effect would be necessary and a 4 /5th vote is required.
page 90
What a Social Host Ordinance IS
Updated March 6, 2013
• Is different from State laws that prohibit adults from providing alcohol to minors.
• Makes it unlawful to provide an environment where underage drinking takes place.
• Can be successful in reducing the number of underage drinking parties.
• Have found that it's predominantly 22 or 23 years olds who are hosting these parties.
• Considers a family member of the property owner who is at the event a host, regardless of their age.
• Includes a tenant of a rented apartment, townhome, home or other dwelling, when they provide an
environment where underage drinking takes place.
• Excludes landlords and property owners while they are away from the property, provided they were
unaware that illegal alcohol consumption was going to occur on their property.
• Is a misdemeanor offense with a maximum penalty of 90 days in jail and a $1,000 fine.
• A city ordinance is only enforceable within that city.
• A county ordinance is only enforceable within the unincorporated areas of the county.
What a Social Host Ordinance ISN'T:
• Doesn't change any other State Laws.
• Isn't the same as State laws that prohibit adults from providing alcohol to minors.
• An ordinance violation alone will not result in a property owner losing their property.
• A city ordinance is not enforceable outside city limits, unless the county also adopts an ordinance
• A county ordinance is not enforceable within a city, unless the city also adopts an ordinance
• Doesn't include landlords and property owners while they are away from the property, provided they
were unaware that illegal alcohol consumption was going to occur on their property.
• Parents cannot be charged under a social host ordinance if in their presence they allow their own child
to consume alcohol in their residence.
(As of 3/6/13):
Minnesota cities with social host ordinances: [97]
Aitkin, Albert Lea, Anoka, Apple Valley, Austin, Baxter, Bayport, Bellechester, Belle Plaine, Blooming
Prairie, Bloomington, Brainerd, Breckenridge, Breezy Point, Brooklyn Park, Cambridge, Canby, Cannon
Falls, Clarkfield, Chaska, Cloquet, Comfrey, Cottage Grove, Crookston, Crosslake, Crystal, Deer River,
Dennison, Duluth, Echo, Elko/New Market, Elk River, Fairfax, Falcon Heights, Faribault, Fergus Falls,
Forest Lake, Glencoe, Golden Valley, Goodhue, Goodview, Grand Marais, Granite Falls, Henning,
Hibbing, Hopkins, Isanti, Jordan, Kenyon, Lake City, Lakeville, Mankato, Maple Grove, Minneapolis,
Minnetonka, Moorhead, Mora, New Hope, New London, New Prague, New Ulm, Northfield, Oak Park
Heights, Olivia, Osseo, Otsego, Owatonna, Pine River, Plymouth, Princeton, Prior Lake, Ramsey,
Redwood Falls, Red Wing, Rosemount, Roseville, Savage, Shakopee, Shorewood, Sleepy Eye, South St.
Paul, Spicer, Springfield, St. Cloud, St. Paul, St. Paul Park, Stillwater, Verndale, Wadena, Walker,
Waseca, West St. Paul, Willmar, Winona, Woodbury, and Zumbrota.
Minnesota counties with social host ordinances: [22]
Blue Earth, Cass, Chisago, Cook, Dakota, Freeborn, Goodhue, Hubbard, Isanti, Itasca, Jackson,
Kanabec, Kandiyohi, Mower, Otter Tail, Renville, Rice, Scott, Sherburne, Wilkin, Wright, Yellow
Medicine
What a SHO IS and ISN'T.doc
page 91
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. 455
AN ORDINANCE AMENDING TITLE _ POLICE REGULATIONS
OF THE CITY CODE
REGARDING SOCIAL HOSTS
The City Council of the City of Mendota Heights, Minnesota does ordain:
SECTION 1. Mendota Heights City Code Title 4 is amended by adding Chapter 6. Social
Host as follows:
SECTION:
4 -6 -1: Purpose and Findings
4 -6 -2: Definitions
4 -6 -3: Prohibited Acts
4 -6 -4: Penalty
4 -6 -1: PURPOSE AND FINDINGS: The City Council intends to discourage underage possession
and consumption of alcohol, even if done within the confines of a private residence, and intends to
hold persons criminally responsible who host events or gatherings where persons under 21 years of
age possess or consume alcohol regardless of whether the person hosting the event or gathering
supplies the alcohol. The City Council finds:
(1) Events and gatherings held on private or public property where alcohol is possessed or
consumed by persons under the age of twenty -one are harmful to those persons and
constitute a potential threat to public health requiring prevention or abatement.
(2) Prohibiting underage consumption acts to protect underage persons, as well as the general
public, from injuries related to alcohol consumption, such as alcohol overdose or alcohol -
related traffic collisions.
(3) Alcohol is an addictive drug which, if used irresponsibly, could have drastic effects on
those who use it as well as those who are affected by the actions of an irresponsible user.
(4) Often, events or gatherings involving underage possession and consumption occur
outside the presence of parents. However, there are times when the parent(s) is /are
present, and condone the activity, and in some circumstances provide the alcohol.
(5) Even though giving or furnishing alcohol to an unrelated underage person is a crime, it is
difficult to prove, and an ordinance is necessary to help further combat underage
consumption.
(6) A deterrent will be created by holding a person criminally responsible for hosting an
event or gathering where underage possession or consumption of alcohol occurs.
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4 -6 -2: DEFINITIONS: The following words, terms, and phrases, when used in this section, shall
have the meanings ascribed to them in this section, except where the context clearly indicates a
different meaning.
Alcohol means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, whiskey, rum,
brandy, gin, or any other distilled spirits including dilutions and mixtures thereof from whatever
source or by whatever process produced.
Alcoholic Beverage means alcohol, spirits, liquor, wine, beer, and every liquid or solid
containing alcohol, spirits, wine, or beer, and which contains one -half of one percent or more of
alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or
combined with other substances.
Event or Gathering means any group of three or more persons who have assembled or gather
together for a social occasion or other activity.
Host or allow means to aid, conduct, entertain, organize, supervise, control, or permit a
gathering or event.
Parent means any person having legal custody of a juvenile, such as a natural, adoptive
parent, or stepparent, as a legal guardian; or as a person to whom legal custody has been given by
order of the court.
Person means any individual, partnership, co- partnership, corporation, or any association of
one or more individuals. A person does not include any city, county, or state agency.
Residence, Premises or Public or Private Property means any home, yard, farm, field, land,
apartment, condominium, hotel or motel room, or other dwelling unit, or a hall or meeting room,
park, or any other place of assembly, whether occupied on a temporary or permanent basis, whether
occupied as a dwelling or specifically for a party or other social function, and whether owned, leased,
rented, or used with or without permission or compensation.
Underage Person means any individual under twenty -one years of age.
4 -6 -3: PROHIBITED ACTS:
(1) It is unlawful for any person(s) to host or allow an event or gathering at any residence,
premises, or on any other private or public property where alcohol or alcoholic beverages
are present when the person knows or reasonably should know that an underage person
will or does:
a. consume any alcohol or alcoholic beverage; or
b. possess any alcohol or alcoholic beverage with the intent to consume it, and the
person fails to take reasonable steps to prevent possession or consumption by the
underage person(s).
(2) A person is criminally responsible for violating this Section if the person intentionally
aids, advises, hires, counsels, or conspires with another to commit the prohibited act.
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(3) A person who hosts an event or gathering does not have to be present at the event or
gathering to be criminally responsible for a violation of this Section.
(d) Exceptions. This section does not apply to the following persons or situations:
(1) Conduct solely between an underage person and his or her parents while present in the
parent's household.
(2) Legally protected religious observances.
(3) Licensed retail sellers of intoxicating liquor or 3.2 percent malt liquor licenses, municipal
liquor stores, or bottle club permit holders who are regulated by Minnesota Statutes
340A.
(4) A landlord, mortgagee, hotel or motel owner or operator who has not actually
participated in knowingly furnishing alcohol for an event or gathering.
(5) Medical procedures or treatment authorized by a physician.
(6) Law enforcement activities supervised by a law enforcement agency.
(7) When underage persons are lawfully in possession of alcohol or alcoholic beverages
during the course and scope of employment.
4 -6 -4: PENALTY:
(1) A. Violation; Penalties: Violation of a provision of this code is a misdemeanor and, upon
conviction thereof, a person may be punished by a fine of not more than one thousand dollars
($1,000.00), or such other amount set by law, or imprisonment for a term not to exceed
ninety (90) days, or such other term set by law, or both. Each act of violation and each day on
which a violation occurs or continues is a separate violation.
SECTION 2. Effective Date. This ordinance shall be in force upon its adoption and
publication.
Adopted and ordained into an Ordinance this 3rd day of December, 2013.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Sandra Krebsbach, Mayor
ATTEST
Lorri Smith, City Clerk
page 94
SUMMARY PUBLICATION
CITY OF MENDOTA HEIGHTS ORDINANCE NO. 455
SOCIAL HOSTS
The City Council of the City of Mendota Heights, MN ordains.
The City of Mendota Heights Code of Ordinances, Title 4, is hereby
amended by adding Section 6, regarding Social Hosts as it pertains to
the possession and consumption of alcohol by underage persons.
People are prohibited from hosting an event or gathering where they
know or should reasonably know that underage persons will be at
and possessing or consuming alcohol.
The complete text of Ordinance 455 may be obtained at City Hall
or from the City's website at www.mendota-hei2hts.com
Adopted/ordained this third day of December, 2013.
CITY COUNCIL OF MENDOTA HEIGHTS
/s /Sandra Krebsbach, Mayor
Attest:
/s/ Lorri Smith, City Clerk
CITY OF
j/'r. jJ MENDOTA HEIGHTS
page 95
1101 Victoria Curve 1 Mendota He
651.452.1850 phone 1 651.452.8
www.mendota -hei g hts.com
DATE: December 3, 2013
TO: Mayor, Council and City Administrator
FROM: Mike Aschenbrener, Chief of Police
SUBJECT: Ordinance Amendment Regulating Tobacco Sales
BACKGROUND
At the August 6, 2013 Council meeting, intern Dan Husbands made a presentation to the City
Council on updating the tobacco ordinance. The ordinance was the result of a Council workshop
directive to update the tobacco ordinance section of City Code. At the Council meeting
information was presented on how the tobacco industry was changing and proposed changes in
how the City could effectively regulate the sales. This presentation was repeated for Mendota
and Lilydale City Councils.
Each Council offered suggestions and input. This information was incorporated into the new
ordinance presented for your consideration.
Mendota Heights City Attorney Lehmann, the Mendota City Attorney and the Lilydale City
Attorney have reviewed the ordinance. All ordinances will be very similar in structure and
requirements.
The Tobacco Ordinance represents a major change in a number of areas. As this is a major
change, no red line document is attached. A brief synopsis follows which outlines the major
changes in the order they appear in the ordinance.
Purpose:
More clearly states why the ordinance is needed, what areas are covered and why. The
definition was expanded to include lobelia delivery or nicotine delivery devices to the
prevention languages.
Definitions and Interpretations:
Updated language includes: Loosies, Self Service Merchandising, Smoking and Tobacco
or Tobacco products.
In regards to "self- service merchandising ", the definition is expanded to include nicotine
and lobelia delivery devices. The smoking definition now includes the current Minnesota
State Statute Chapter 144.413 (4) definition of smoking. The "tobacco or tobacco
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products" definition is primarily changed to exclude any product approved by the United
States Food and Drug Administration for sale as a smoking cessation product.
Added definitions: Compliance Checks, Indoor Area, Moveable Place of Business,
Nicotine or Lobelia Delivery Devices and Retail Establishment.
The "compliance check" definition clearly lays out what a check is and who will conduct
them. "Indoor area" adopts the language set forth in Minnesota Statute 144.413 (la),
"moveable place of business" is defined, "nicotine or lobelia delivery devices" defines
what these products are or are not, and "retail establishment" defines where the public
may purchase, at retail pricing, tobacco, tobacco products, tobacco - related devices, or
nicotine or lobelia delivery devices.
Licensing: The entire section is essentially new language. It informs you what acts
require a license, what information is needed to obtain a license, what the City Council
will do with the information, how long a license is good for, the fact the City may revoke
or suspend the license for not following the ordinance, what could happen if a license
were to be transferred, the fact that a license will not be issued to a moveable place of
business and the covers the renewal process. The most notable changes are found in 3 -2-
3, subdivisions K and L: there is no sampling allowed and e- cigarettes are prohibited in
any business or area covered by the Minnesota Clean Indoor Air Act with the exception
of businesses licensed to sell on -sale alcohol.
Penalties: The major change to this area is that periodically the City Council will be
requested to update penalties for violation of the ordinance.
Exceptions: All exceptions have been removed from the ordinance.
ATTACHED
• Proposed Ordinance 458 Tobacco Sales
• Summary Publication
BUDGET IMPACT
Tobacco licensing is a budgeted item.
RECOMMENDATION
If Council desires to implement the recommendation, pass a motion adopting the attached
Ordinance 458: AN ORDINANCE AMENDING TITLE 3, CHAPTER 2 THE CITY CODE,
TOBACCO SALES. Staff is also recommending that the city council approve summary
publication of this ordinance. If the council desires, a motion authorizing summary publication
of this ordinance would be required a 415th vote of the council is required.
page 97
CITY OF MENDOTA HEIGHTS
Dakota County, Minnesota
Ordinance No.458
AN ORDINANCE AMENDING TITLE 3, CHAPTER 2 THE CITY CODE,
TOBACCO SALES
The City Council of the City of Mendota Heights ordains as follows:
Section 1. City Code Title 3, Chapter 2, Tobacco Sales is deleted in its entirety and amended
and restated as follows:
3 -2 -1: PURPOSE:
Because the city recognizes that many persons under the age of eighteen (18) years purchase or otherwise
obtain, possess and use tobacco, tobacco products, tobacco - related devices and nicotine or lobelia
delivery devices, and such sales, possession and use are violations of both state and federal laws; and
because studies, which the city hereby accepts and adopts, have shown that most smokers begin smoking
before they have reached the age of 18 years and that those persons who reach the age of 18 years without
having started smoking are significantly less likely to begin smoking; and because smoking has been
shown to be the cause of several severe health problems which subsequently place a financial burden on
all levels of government; this chapter shall be intended to regulate the sale, possession and use of
tobacco, tobacco products, tobacco - related devices, and nicotine or lobelia delivery devices for the
purpose of enforcing and furthering existing laws, to protect minors against the serious effects associated
with the illegal use of tobacco, tobacco products, tobacco - related devices, and nicotine or lobelia delivery
devices, and to further the official public policy of the state in regard to preventing young people from
starting to smoke as stated in Minnesota statutes section 144.391 Public Policy.
3 -2 -2: DEFINITIONS AND INTERPRETATION:
Except as may otherwise be provided or clearly implied by context, all terms shall be given their
commonly accepted definitions. The singular shall include the plural and the plural shall include the
singular; the masculine shall include the feminine and vice versa; the term "shall" means mandatory and
the term "may" means permissive. The following terms shall have the definitions given to them:
COMPLIANCE CHECKS: The system the city uses to investigate and ensure that those authorized to sell
tobacco, tobacco products, tobacco - related devices, and nicotine or lobelia delivery devices are following
and complying with the requirements of this chapter. Compliance checks shall involve the use of minors
as authorized by this chapter. Compliance checks shall also mean the use of minors who attempt to
purchase tobacco, tobacco products, tobacco - related devices, or nicotine or lobelia delivery devices for
educational, research and training purposes as authorized by state and federal laws. Compliance checks
may also be conducted by other units of government for the purpose of enforcing appropriate federal,
state or local laws and regulations relating to tobacco, tobacco products, tobacco - related devices, and
nicotine or lobelia delivery devices.
page 98
INDIVIDUALLY PACKAGED: The practice of selling any tobacco or tobacco product wrapped
individually for sale. Individually wrapped tobacco and tobacco products shall include, but not be limited
to, single cigarette packs, single bags or cans of loose tobacco in any form, and single cans or other
packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack or
other container as described in this definition shall not be considered "individually packaged ".
INDOOR AREA: All space between a floor and a ceiling that is bounded by walls, doorways, or
windows, whether open or closed, covering more than 50 percent of the combined surface area of the
vertical planes constituting the perimeter of the area. A wall includes any retractable divider, garage
door, or other physical barrier, whether temporary or permanent.
LOOSIES: The common term used to refer to a single or individually packaged cigarette or any other
tobacco product that has been removed from its packaging and sold individually. The term "loosies" does
not include individual cigars with a retail price, before any sales taxes, of more than $2.00 per cigar.
MINOR: Any person who has not yet reached the age of eighteen (18) years.
MOVEABLE PLACE OF BUSINESS: Any form of business operated out of a truck, van, automobile, or
other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of
structure authorized for sales transactions.
NICOTINE OR LOBELIA DELIVERY DEVICES: Any product containing or delivering nicotine or
lobelia intended for human consumption, or any part of such a product, that is not tobacco as defined in
this section, not including any product that has been approved or otherwise certified for legal sale by the
United States Food and Drug Administration for tobacco use cessation, harm reduction, or for other
medical purposes, and is being marketed and sold solely for that approved purpose.
RETAIL ESTABLISHMENT: Any place of business where tobacco, tobacco products, tobacco - related
devices, or nicotine or lobelia delivery devices are available for sale to the general public. The phrase
shall include but not be limited to grocery stores, convenience stores, restaurants, and drug stores.
SELF - SERVICE MERCHANDISING: Open displays of tobacco, tobacco products, tobacco - related
devices, or nicotine or lobelia delivery devices in any manner where any person shall have access to the
tobacco, tobacco products, tobacco - related devices, or nicotine or lobelia delivery devices, without the
assistance or intervention of the licensee or the licensee's employee. Such assistance or intervention shall
involve the actual physical exchange of the tobacco, tobacco product, tobacco - related device, or nicotine
or lobelia delivery devices between the customer and the licensee or employee. Self- service sales are
interpreted as being any sale where there is not an actual physical exchange of the product between the
clerk and the customer. "Self- service merchandising" shall not include vending machines.
SMOKING. Inhaling or exhaling smoke from any lighted or heated cigar, cigarette, pipe, or any other lighted
or heated tobacco or plant product. Smoking also includes carrying a lighted or heated cigar, cigarette, pipe, or
any other lighted or heated tobacco or plant product intended for inhalation.
TOBACCO OR TOBACCO PRODUCTS: Tobacco and tobacco products includes cigarettes and any
product containing, made, or derived from tobacco that is intended for human consumption, whether
chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any
component, part, or accessory of a tobacco product; cigars; pipe tobacco; snuff, fine cut or other chewing
tobacco; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking
tobacco; snuff flour; cavendish; shorts; plug and twist tobaccos; dipping tobaccos; refuse scraps,
clippings, cuttings, and sweepings of tobacco, and other kinds or forms of tobacco. Tobacco excludes any
page 99
tobacco product that has been approved by the United States Food and Drug Administration for sale as a
tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being
marketed and sold solely for such an approved purpose.
TOBACCO - RELATED DEVICES: Tobacco - related devices include any tobacco product as well as a
pipe, rolling papers, or other device intentionally designed or intended to be used in a manner which
enables the chewing, sniffing, or smoking of tobacco or tobacco products.
VENDING MACHINE: Any mechanical, electric or electronic, or other type of self - service device
which, upon the insertion of money, tokens or other form of payment, dispenses the tobacco, tobacco
product or tobacco - related device electric or electronic locking.
3 -2 -3: LICENSE:
A. License required. No person shall sell or offer to sell any tobacco, tobacco products or tobacco -
related device, or nicotine or lobelia delivery device without first having obtained a license to do
so from the city clerk or other such city office which the city council may from time to time
designate to carry out the duties of the city clerk set forth in this chapter.
B. Application. An application for a license to sell tobacco, tobacco products, tobacco - related
devices, or nicotine or lobelia delivery devices shall be made on a form provided by the city. The
application shall contain the full name of the applicant, the applicant's residential and business
addresses and telephone numbers, the name of the business for which the license is sought, and
any additional information the city deems necessary. Upon receipt of a completed application,
the City Clerk shall forward the application to the City Council for action at its next regularly
scheduled City Council meeting. If the City Clerk shall determine that an application is
incomplete, he or she shall return the application to the applicant with notice of the information
necessary to make the application complete.
C. Action. The City Council may either approve or deny the license, or it may delay action for a
reasonable period of time as necessary to complete any investigation of the application or the
applicant it deems necessary. If the City Council approves the license, the City Clerk shall issue
the license to the applicant. If the City Council denies the license, notice of the denial shall be
given to the applicant along with notice of the applicant's right to appeal the City Council's
decision.
D. Term. All licenses issued under this section shall expire on December 31 of the year of issuance.
E. Revocation or suspension. Any license issued under this section may be revoked or suspended as
provided in this chapter.
F. Transfers. All licenses issued under this section shall be valid only on the premises for which the
license was issued and only for the person to whom the license was issued. No transfer of any
license to another location or person shall be valid without the prior approval of the City Council.
G. Moveable place of business. No license shall be issued to a moveable place of business. Only
fixed location businesses shall be eligible to be licensed under this section.
H. Display. All licenses shall be posted and displayed in plain view of the general public on the
licensed property.
I. Renewals. The renewal of a license issued under this section shall be handled in the same manner
as the original application. The request for a renewal shall be made at least 30 days but no more
than 60 days before the expiration of the current license.
J. Issuance as privilege and not a right. The issuance of a license under this section shall be
considered a privilege and not an absolute right of the applicant and shall not entitle the holder to
an automatic renewal of the license.
page 100
K. Smoking shall not be permitted and no person shall smoke within the indoor area of any
establishment with a retail tobacco license. Smoking for the purposes of sampling tobacco,
tobacco products, tobacco - related devices, and nicotine or lobelia delivery device is prohibited.
L. Smoking of e- cigarettes is prohibited in any area that Minnesota State Statute restricts the
smoking of tobacco products with the exception of businesses licensed to sell on sale liquor.
3 -2 -4: LICENSE FEE:
No license shall be issued under this chapter until the appropriate license fee is paid in full. The license
fee will not be prorated for any applicants. The fee for a license under this chapter shall be set in
accordance with a fee schedule adopted by the city council.
3 -2 -5: GROUNDS FOR DENIAL OF LICENSE:
The following shall be grounds for denying the issuance or renewal of a license under this chapter. The
following list is not exhaustive or exclusive:
A. The applicant is under the age of eighteen (18) years.
B. The applicant has been convicted within the past five years of any violation of a federal, state, or local
law, ordinance provision, or other regulation relating to tobacco, tobacco products, tobacco - related
devices, or nicotine or lobelia delivery devices.
C. The applicant or license holder has had a license to sell tobacco, tobacco products or tobacco related
devices revoked within the preceding twelve (12) months of the date of application or is subject to
penalties under section 3 -2 -12 of this chapter.
D. The applicant or license holder fails to provide any of the information required on the application or
provides false or misleading information.
E. The applicant or license holder is prohibited by federal, state or other local law, ordinance or regulation
from holding such a license.
F. The applicant or license holder has outstanding fines, penalties, or property taxes owed to the city.
3 -2 -6: PROHIBITED SALES; ILLEGAL ACTS:
A. Sales Prohibited; Exceptions:
1. It shall be a violation of this chapter for any person to sell, offer for sale, give away,
furnish or otherwise deliver tobacco, tobacco products, tobacco - related devices, or nicotine or
lobelia delivery devices:
a. To any person under the age of eighteen (18) years.
b. By means of any type of vending machine.
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c. By means of self - service merchandising whereby the customer does not need to make a
verbal or written request to an employee of the licensed premises in order to receive the
tobacco, tobacco product, tobacco - related device, or nicotine or lobelia delivery device
and whereby there is not a physical exchange of the tobacco, tobacco product, tobacco -
related device, or nicotine or lobelia delivery device between the licensee or the licensee's
employee, and the customer. All tobacco, tobacco products, tobacco - related devices, and
nicotine or lobelia delivery devices shall be stored behind the counter.
d. By means of "loosies" as defined in section 3 -2 -2 of this chapter.
e. Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine, marijuana,
or other deleterious, hallucinogenic, toxic or controlled substances except nicotine and
other substances found naturally in tobacco or added as part of an otherwise lawful
manufacturing process.
f. By any other means, to any other person, in any other manner or form prohibited by
federal, state or other local law, ordinance provision or other regulation.
B. Illegal Acts: Unless otherwise provided, the following acts shall be violations of this chapter:
1. Sales: For any person to sell or otherwise provide any tobacco, tobacco product, tobacco - related
device, or nicotine or lobelia delivery device to a minor.
2. Possession: For any minor to have in his or her possession any tobacco, tobacco product,
tobacco - related device, or nicotine or lobelia delivery device. This subsection shall not apply to
minors lawfully involved in a compliance check.
3. Use: For any minor to smoke, chew, sniff or otherwise use any tobacco, tobacco product,
tobacco - related device, or nicotine or lobelia delivery device.
4. Procurement: For any minor to purchase or attempt to purchase or otherwise obtain any
tobacco, tobacco product, tobacco - related device, or nicotine or lobelia delivery device, and it
shall be a violation of this chapter for any person to purchase or otherwise obtain such items on
behalf of a minor. It shall further be a violation for any person to coerce or attempt to coerce a
minor to illegally purchase or otherwise obtain or use any tobacco, tobacco product, tobacco -
related device, or nicotine or lobelia delivery device. This subsection shall not apply to minors
lawfully involved in compliance checks.
5. False Identification: For any minor to attempt to disguise his or her true age by the use of a false
form of identification, whether the identification is that of another person or one on which the
age of the person has been modified or tampered with, to represent an age older than the actual
age of the person.
6. Smoking: Notwithstanding any exceptions for tobacco products shops as set forth in the
Minnesota Clean Indoor Air Act, no licensee shall directly or indirectly permit smoking in the
licensed premises. All licensees under this section shall be responsible for the actions of their
employees and patrons in regard to any smoking in the licensed premises.
page 102
3 -2 -7: SELF- SERVICE SALES:
It shall be unlawful for a licensee under this chapter to allow the sale of tobacco, tobacco products,
tobacco - related devices, or nicotine or lobelia delivery devices by any means whereby the customer may
have access to such items without having to request the item from the licensee or the licensee's employee
and whereby there is not a physical exchange of the tobacco, tobacco product, tobacco - related device, or
nicotine or lobelia delivery device between the licensee or his or her clerk and the customer. All tobacco,
tobacco products, tobacco - related devices, and nicotine or lobelia delivery devices shall either be stored
behind a counter or other area not freely accessible to customers or in a case or other storage unit not left
open and accessible to the general public. New retailers selling tobacco commencing business after the
effective date hereof shall comply with this section immediately.
3 -2 -8: RESPONSIBILITY FOR EMPLOYEES:
All licensees under this chapter shall be responsible for the actions of their employees in regard to the sale
of tobacco, tobacco products, tobacco - related devices, or nicotine or lobelia delivery devices on the
licensed premises and the sale of such an item by an employee shall be considered a sale by the license
holder.
3 -2 -9: COMPLIANCE CHECKS AND INSPECTIONS:
All licensed premises shall be open to inspection by city officials during regular business hours. From
time to time, but at least once per year, a Mendota Heights police officer or other city employee as
designated by the city council shall conduct compliance checks to ensure compliance with the provisions
of this chapter. Such compliance checks shall utilize, with the written consent of their parents or
guardians, minors over the age of fifteen (15) years but less than eighteen (18) years, to enter the licensed
premises to attempt to purchase tobacco, tobacco products, tobacco - related devices, or nicotine or lobelia
delivery devices. Minors used for the purpose of compliance checks shall be supervised by designated law
enforcement officers or other designated city personnel. Minors used for compliance checks shall not be
guilty of the unlawful purchase or attempted purchase or the unlawful possession of tobacco, tobacco
products, tobacco - related devices, or nicotine or lobelia delivery devices when such items are obtained as
part of the compliance check. No minor used in compliance checks shall attempt to use a false
identification misrepresenting the minor's age, and all minors lawfully engaged in a compliance check
shall answer all questions about the minor's age asked by the licensee or his or her employee and shall
produce any identification, if any exists, for which he or she is asked. Nothing in this section shall
prohibit other compliance checks authorized by state or federal laws for educational, research or training
purposes or required for the enforcement of a particular state or federal law.
3 -2 -10: CIVIL ENFORCEMENT:
The license holder shall be responsible for the conduct of its agents or employees while they are on the
licensed premises. Any violation of this chapter shall be considered an act of the license holder for
purposes of imposing a civil penalty, license suspension or revocation. Each violation, and every day in
which a violation occurs or continues, shall constitute a separate offense.
3 -2 -11: NOTICE OF VIOLATION:
Upon discovery of a suspected violation, the Mendota Heights police department shall inform the city
clerk of the suspected violation. The city clerk shall then send to the license holder, by mail, a written
notice of the civil violation. The notice shall inform the license holder of the penalty and the license
holder's right to request a hearing regarding the violation of this chapter pursuant to section 3 -2 -13 of this
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chapter.
3 -2 -12: PENALTIES:
A. Licensees: Any licensee found to have violated this chapter or whose employee shall have violated this
chapter shall be charged an administrative fine as set forth by resolution.
B. Individuals: Individuals found to be selling tobacco to minors in violation of this chapter shall be
charged an administrative fee of fifty dollars ($50.00).
C. Misdemeanor and Other Prosecution: Nothing in this section shall prohibit the city attorney or county
attorney from seeking prosecution as a misdemeanor for any violation of this chapter, or from enforcing
any other applicable state or federal law or regulation in addition to or instead of any civil enforcement
remedy that may be sought under this chapter.
D. Penalties in this section may be annually reviewed and new fine amounts adopted by resolution.
3 -2 -13: HEARINGS AND APPEALS:
A. Request And Time For Hearings:
1. Following receipt of a notice of denial issued under section 3 -2 -3 of this chapter or a notice of
violation and penalty issued under section 3 -2 -12 of this chapter or a notice
of revocation, an applicant or license holder may request a hearing before the hearing
officer appointed by the city council, or his/ her designee. A request for hearing shall be made by
the applicant or license holder in writing and filed with the city clerk within ten (10) days of the
mailing of the notice of denial or alleged violation. Following receipt of a written request for
hearing, the applicant or license holder shall be afforded an opportunity for a hearing before the
hearing officer.
2. If a person accused of violating this chapter so requests, a hearing shall be scheduled, the time
and place of which shall be published and provided to the accused violator.
3. Such hearing shall be held before a hearing examiner as determined by the city council and shall
be open to the public.
B. Findings And Actions: If, after the hearing, the applicant or license holder is found ineligible for a
license, or in violation of this chapter, the hearing officer may affirm the denial, impose a fine, issue a
suspension or revocation, or impose any combination thereof. The decision shall be in writing and set
forth the reasons for the findings of the hearing officer. A copy shall be provided to the applicant or
license holder. Likewise, if the hearing officer finds that no violation occurred or finds grounds for not
imposing any penalty, such findings shall be recorded and a copy provided to the applicant or license
holder.
C. Decisions: If the hearing officer determines that a violation of this chapter did occur, that decision,
along with the hearing officer's reasons for finding a violation and the penalty to be imposed under
section 3 -2- 12 of this chapter, shall be recorded in writing. A copy shall be provided to the accused
violator. Likewise, if the hearing officer finds that no violation occurred or finds grounds for not imposing
any penalty, such findings shall be recorded and a copy provided to the acquitted accused violator.
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D. Appeals: Any appeal from the decision of the hearing officer must be filed with the district court
within ten (10) days of the mailing of the hearing officer's decision.
E. Default: If the applicant or license holder has been provided written notice of the denial or violation
and if no request for a hearing is filed within the ten (10) day period, then the denial, penalty, suspension
and /or revocation imposed pursuant to this chapter shall take immediate effect by default. The city clerk
shall mail the notice of denial, fine, suspension and /or revocation to the applicant or license holder.
Section 3. This Ordinance shall be in effect from and after the date of its passage and publication.
Adopted and ordained into an Ordinance this 19th day of November, 2013.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Sandra Krebsbach, Mayor
ATTEST
Lorri Smith, City Clerk
page 105
SUMMARY PUBLICATION
CITY OF MENDOTA HEIGHTS ORDINANCE NO. 455
SOCIAL HOSTS
The City Council of the City of Mendota Heights, MN ordains:
The City of Mendota Heights Code of Ordinances, Title 3, Chapter 2,
Tobacco Sales is hereby deleted in its entirety and restated to update
the ordinance with new trends and devices within the tobacco industry.
The complete text of Ordinance 458 may be obtained at City Hall or
from the City's website at www.mendota - heights.com
Adopted/ordained this 3rd day of December, 2013.
CITY COUNCIL OF MENDOTA HEIGHTS
/s /Sandra Krebsbach, Mayor
Attest:
/s/ Lorri Smith, City Clerk
CITY OF
j/'r. jJ MENDOTA HEIGHTS
page 106
: d/
1101 Victoria Curve I Mendota 1-
651.452.1850 phone 1 651.452.8940 fax
www.mendota -hei g hts.com
DATE: December 3, 2013
TO: Mayor, Council and City Administrator
FROM: Mike Aschenbrener, Chief of Police
SUBJECT: A Resolution adopting a Policy for Tobacco Ordinance Violations
BACKGROUND
The new City Code regulating tobacco license violations requires the City Council periodically
adopt a schedule for violations. The policy is attached and has established uniform policies for
license violations. The licensee's due process rights are provided for in the policy. The model
for this was established by the City in 2006 with adoption of a uniform violation schedule for
alcohol license violations.
BUDGET IMPACT
Tobacco enforcement is a budgeted item.
ATTACHED
Policy for Tobacco License Violations.
Resolution adopting the policy.
RECOMMENDATION
If Council desires to implement the recommendation, pass a motion adopting Resolution No.
2013 -83 A RESOLUTION ADOPTING A POLICY FOR TOBACCO ORDINANCE
VIOLATIONS.
page 107
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 2013- 83
RESOLUTION ESTABLISHING A POLICY
FOR TOBACCO LICENSE VIOLATIONS
WHEREAS, the City of Mendota Heights believes that 100% percent compliance with
all tobacco license regulations is desirable; and
WHEREAS, the City of Mendota Heights dedicates staff time to complete compliance
checks and issue licenses; and
WHEREAS, the City of Mendota Heights has staff working with licensees to ensure that
employees are trained; and
WHEREAS, the City of Mendota Heights wishes that all staff are trained and
knowledgeable about selling tobacco; and
WHEREAS, the City of Mendota Heights wishes to reduce the amount of tobacco
available to underage persons; and
WHEREAS, the City of Mendota Heights wishes to have each licensee be
knowledgeable of the penalties for violation of the tobacco laws; and
WHEREAS, the City of Mendota Heights desires to uniformly and fairly penalize those
licensees who violate tobacco laws.
NOW THEREFORE BE IT HEREBY RESOLVED by the City Council of the City of
Mendota Heights that the attached Exhibit A- Policy for Tobacco License Violations
shall be adopted.
Adopted by the City Council of the City of Mendota Heights this 31(1 day of December,
2013.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Sandra Krebsbach, Mayor
ATTEST:
Lorri Smith, City Clerk
page 108
EXHIBIT A
POLICY FOR TOBACCO LICENSE VIOLATIONS
Adopted by City Resolution #2013 -83 on December 3rd, 2013
Statement of Purpose:
It is the goal of the City of Mendota Heights to have tobacco licensees comply with the law
100% of the time in relation to the ordinance regulating tobacco. The City of Mendota
Heights will maintain staff to complete annual compliance checks and periodically check for
compliance with license conditions. The City will act as a resource to provide training.
Applicable Laws:
City Code Title 3 Chapter 2
Minnesota State Statue (MSS)
MN State Statutes Chapter 325 Distribution of Tobacco Products
MN State Statutes Chapter 461 Regulation of Tobacco, Licenses
MN State Statutes Chapter 144 MN Clean Indoor Air Act
MN State Statutes 14.57 to 14.67 Administrative Procedures Act
Uniform Penalties:
The purpose of this section is to establish a standard by which the City determines
the length of a license suspension, revocation and or civil penalty. This policy shall apply to
all tobacco license holders. These penalties are deemed to be appropriate for all violations.
The City Council may choose to deviate from the prescribed penalty if there are extenuating
circumstances. Should the Council deviate from the adopted policy they must take official
action and document the reasons for the deviation.
The Council may only consider the penalty portion of the action. Should the licensee
wish to appeal the facts of a violation they must request a due process hearing.
Licensee informed:
• All licensees shall be informed of the adoption of this policy at the time of
adoption and again at time of license renewal.
• In the event of a violation licensees shall have all fines paid or have
requested a hearing before 10 working days have elapsed from notice of the
violation.
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• Licensees shall be informed that this policy applies only to the LICENSE
SANCTIONS it does not apply to the CRIMINAL CHARGES against the
person who actually violates the law.
• The policy shall be posted on the City's website and shall be given to the
licensee at the time of application.
• Hearing will be conducted in accordance with MSS and Minnesota Rules.
Penalty appeals will be made to City Council.
PENALTIES:
Revocation on a First Violation:
• Commission of a felony related to the licensed activity.
• Sale of tobacco while a license is under suspension.
Violation Schedule for all other Violations:
These violations include, failure during compliance checks, sale to an underage
person (resulting in a conviction), failure to renew license before expiration.
Violation
First Violation $250 fine
Second Violation
Within 2 years
Third Violation
Within 2 years
Fourth Violation
Within 2 years
$500 fine and 7 day suspension license along with an additional
compliance check during license year
$1000 fine and 14 day suspension
Revocation: minimum of 1 year
Time frame: Violations are from the date of violation for a 2 year rolling time period.
Subsequent Violations: Each violation will be treated separately unless the City Clerk and
the licensee agrees in writing to hear all active violations at a single hearing.
Other Penalties: Nothing in this policy shall restrict the City Council from imposing the
maximum penalty allowed by Mendota Heights City Ordinance.
Hearing: Will be held pursuant to MSS governing administrative hearings.
License suspension: Will impact only the licensed activity.