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2012-08-07 Council PacketCITY OF MENDOTA HEIGHTS CITY COUNCIL AGENDA August 7, 2012 – 8:00 p.m.* Note Change in Start Time Mendota Heights City Hall 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Adopt Agenda 5. Consent Agenda a. Acknowledgement of July 17, 2012 City Council Workshop Minutes b. Acknowledgement of July 17, 2012 City Council Minutes c. Acknowledgement of July 24, 2012 Planning Commission Minutes d. Approval of Sign Permit at 1408 Northland Drive – Tailored Living e. Receipt of June 2012 Fire Department Synopsis Report f. Approval of Fire Permit – 13th Annual Wacipi, St. Peters Church g. Approval of Banking Authorization Signatory Change h. Approval of Conditional Use Permit for Wireless Facility, Planning Case 2012-25, ISD 197 and Sprint Communications i. Approval of Par 3 Seasonal Hires j. Approval of Resolution Calling for Sale of General Obligation Improvement Bonds for 2012 Street Improvement Projects k. Accepting of Feasibility Report for Crown Point & Overlook Neighborhood Rehabilitation l. Approval of Resolution Accepting Work and Approving Final Payment for the Wagon Wheel Trail Neighborhood Improvements m. Approval of Traffic Safety Committee Recommendations n. Receipt of June 2012 Treasurer’s Report o. Receipt of July 2012 Building Activity Report p. Approval of Contractors List q. Approval of Claims List 6. Public Comments 7. Unfinished and New Business a. Planning Case 2012-24, Wetlands Permit for Single Family Home, 755 Wentworth Avenue b. Planning Case 2012-23, Critical Area Permit for Single Family Home, 1256 Wachtler Avenue c. Planning Case 2012-22, Wetlands Permit, 953 Wagon Wheel Trail d. License to Use Right-of-Way, Quehl Subdivision 8. Council Comments 9. Adjourn to Closed Session to Discuss Litigation Regarding Scott and Phyllis Miller Assessment Appeal CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Council Workshop Held Tuesday, July 17, 2012 Pursuant to due call and notice thereof, a workshop of the City Council, City of Mendota Heights, Minnesota was held at 6:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Krebsbach called the meeting to order at 6:00 p.m. The following members were present: Councilmembers Duggan, Povolny, Petschel and Vitelli. Also in attendance were City Administrator Justin Miller, Sgt. Brian Convery, City Attorney Tami Diehm, and City Engineer/Public Works Director John Mazzitello. Members of the public in attendance included Ira Kipp, Tim Carlson, Dick Ball, Sue Light, and Boyd Ratchie. ROGERS LAKE ELETRIC MOTORS DRAFT ORDINANCE Miller presented the item and stated that this was a continuation of discussion from the previous city council meeting. The item was initiated by the Rogers Lake Property Owners Association. The council began discussing potential conditions to allowing electric motors and asked staff questions about emergency response and time limits at the adjacent park. Councilmembers also voiced concerns about the proposed horsepower limit, public access, damage to the park and parking lot, and wake restrictions. Members of the public voiced concerns about potential environmental damage from sunken batteries and a lack of notice about this proposal from the homeowners association. Tim Carlson, representing the homeowners association, stated that this request was presented to make boating in the lake easier and more enjoyable for the residents along the lake. No action was taken, and Mayor Krebsbach indicated that the discussion would continue during the regular city council meeting following this workshop. ADJOURN Mayor Krebsbach adjourned the meeting at 6:40 p.m. ____________________________________ Sandra Krebsbach Mayor ATTEST: _______________________________ Lorri Smith City Clerk pg 2 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, July 17, 2012 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Krebsbach called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Duggan, Povolny, Petschel, and Vitelli. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Krebsbach presented the amended agenda for adoption. Councilmember Duggan moved adoption of the amended agenda. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and approval. Councilmember Duggan moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein; pulling items G) Approval of Completion of Probationary Employment Period for Human Resources Coordinator Tamara Schutta; H) Approval of Building Permit – 1440 Northland Drive; and I) Receipt of June Par 3 Update. a. Acknowledgement of July 3, 2012 City Council Amended Minutes b. Acknowledgement of July 10, 2012 Parks and Recreation Commission Minutes c. Acknowledgement of July 11, 2012 Airport Relations Commission Minutes d. Approval of Sign Permit, 750 Main Street – Be Well e. Approval of Sign Permit, 774 Highway 110 – Sedona Skin Spa f. Approval of Out of State Travel Request g. Approval of Completion of Probationary Employment Period for Human Resources Coordinator Tamara Schutta h. Approval of Building Permit – 1440 Northland Drive i. Receipt of June Par 3 Update pg 3 j. Approval of Cancellation of August Parks and Recreation Commission Meeting k. Approval of Amendment #1 to T-Mobile Cell Tower Lease Agreement l. Approval of Time Change for August 7, 2012 City Council Meeting m. Accept Quotes and Award Contract for 2012 Sanitary Sewer Cleaning and Televising Project n. Approval of Plans and Specifications and Authorization to Advertise for Bids for 2012 Sanitary Sewer Rehabilitation Project o. Approve Massage Therapist Licenses p. Approve Joint Powers Agreement with the MN BCA for Court Data Services Subscriber Amendment (eCharging) q. Receipt of June 2012 Building Activity Report r. Approve the Contractors List s. Approve the Claims List Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 CONSENT AGENDA TOPICS G) APPROVAL OF COMPLETION OF PROBATIONARY EMPLOYMENT PERIOD FOR HUMAN RESOURCES COORDINATOR TAMARA SCHUTTA Mayor Krebsbach commended Ms. Tamara Schutta for completing her first year with the City of Mendota Heights and stated that when Ms. Schutta joined last year she very quickly took on the search process for the City Administrator. Typically a city would hire a consultant for this kind of search but Mayor Krebsbach knew that Ms. Schutta could handle it and she did so very successfully. Councilmember Duggan moved to Approve the Official Appointment of Tamara Schutta to the Position of Regular, Full-time HR Coordinator Effective July 21, 2012. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 H) APPROVAL OF BUILDING PERMIT – 1440 NORTHLAND DRIVE Mayor Krebsbach requested City Engineer John Mazzitello explain what is happening in the former Brown College building. City Engineer Mazzitello explained that the request before the Council was a building permit submitted by the contractor on behalf of the new owner of the old Brown College building. Councilmembers received an architectural rendering of the proposed improvement in their meeting packet. They plan to add an entrance to the front of the building, which would require some excavation and construction of retaining walls. The entrance would be for a new tenant space; the owner would not be occupying the entire portion of the building and would bring in a new business to occupy the front portion as a tenant. Therefore, the owner requested a minor modification to put in a dedicated entrance to that portion of the building. pg 4 Councilmember Petschel moved Approval of Building Permit for Exterior Work at 1440 Northland Drive and Grant Staff the Authority to Issue the Requested Building Permit. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 I) RECEIPT OF JUNE PAR 3 UPDATE City Administrator Justin Miller stated that June was a good month for the Par 3 Golf Course. When looking at the year-to-date for 2012, the course brought in $78,865 in revenue versus expenses of $69,022, for a positive performance of just under $10,000. Councilmember Duggan moved Acceptance of the June Par 3 Update. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS The “Night to Unite” is scheduled to take place on the first Tuesday of August. The Council approved in the Consent Agenda an 8:00 p.m. start to the Council meeting scheduled that same evening so they could participate in the “Night to Unite” events. Sergeant Brian Convery explained that it is not too late to sign up and register a neighborhood and have members of the Police Department, Fire Department, HealthEast Ambulance, and Councilmembers to stop by and visit. The event is scheduled to take place on Tuesday, August 7 from 6:00 p.m. to 10:00 p.m. There are seven neighborhoods already registered but it is expected that there would be a larger number of neighborhoods participating this year than last year. There were fifteen registered neighborhoods last year. Mayor Krebsbach requested a schedule and list of neighborhoods that Councilmembers have been requested to visit so that they can be sure to participate in as many as possible before their council meeting scheduled that same evening. In response to Mayor Krebsbach’s request for an update of what is happening in the area, Sergeant Convery explained that the Police Department has been very busy. They currently have seven people in custody for residential burglaries that have occurred over the past six months in the City of Mendota Heights. They have already cleared in excess of ten cases as a result of that and they anticipate clearing more. The information has also led to some cooperative efforts with surrounding agencies. One of the arrests came from the tip of a watchful neighbor who actually saw people who did not belong at a neighbor’s house and called 911. Officers responded and they took three people into custody. Gretchen Becherer, a resident of Mendota Heights, stated that she has been a resident since 1967 and her occupation is a special needs teacher. She presented her desire to see proper lighting and outdoor security cameras installed in the Mendota Plaza and requested that the walls surrounding the dumpsters be removed and the dumpsters be relocated away from the building. She requested these actions take pg 5 place because of the recent break-ins that have taken place and the fear and anxiety this has caused the business owners. Businesses have claimed that their insurance companies are threatening to drop them when they call to make a claim on lost inventory due to burglaries or attempted burglaries. Gretchen believes it would be a shame for Mendota Heights to lose these businesses because of these fearful situations. She requested that the community be updated regularly on the progress and efforts made to make the shopping area safer. She hopes the Council will respond as promptly to this request as they did to the request for boats with motors be used on Rogers Lake. Mayor Krebsbach stated that the City is very much aware of the break-ins that have taken place, the Mendota Heights Police are investigating, and City Administrator Justin Miller has a meeting with Mendota Plaza owners on July 18, 2012. Ms. Mai Vu, partial owner of Mendota Liquor, stated there have been three break-ins at Mendota Liquor within a three-month period resulting in a large amount of damage. They have spoken to their business neighbors to petition Paster Enterprises, Mendota Plaza managers, to install outdoor cameras in the shopping plaza for the safety of the businesses and customers. She expressed her desire to have the Council support the business owner’s efforts and perhaps persuade Paster Enterprises to install the cameras. Mayor Krebsbach replied that they certainly want everyone to be safe and they know that the police have been making every effort to provide assistance, which Ms. Vu confirmed. As she stated before, the Mayor said that the City has a very good record of pursuing, arresting, and prosecuting burglaries; and there is a meeting with the Plaza owners on July 18. UNFINISHED AND NEW BUSINESS A) ORDINANCE AMENDMENT REQUEST TO ALLOW ELECTRIC MOTORS ON ROGERS LAKE Mayor Krebsbach mentioned that there was a Council Workshop on this topic. City Administrator Justin Miller reviewed the proposed ordinance. This request was brought to the City by the Rogers Lake Property Owners Association (RLPOA) and was discussed at the last Council meeting. Currently, no motors, electric or otherwise, are allowed on lakes in Mendota Heights. The RLPOA proposed this be amended to allow electric motors on the part of Rogers Lake south of Wagon Wheel Trail. At the last council meeting, Councilmembers discussed several conditions that might be suitable if they were to allow this. Afterwards, City Administrator Miller spoke with Mr. Tim Carlson from the association, who then presented some ideas he thought the association would be acceptable with. This was presented to the Council in the form of a draft ordinance at the workshop. The proposed changes that would be allowed would state that “Electric Motorboats Allowed on Rogers Lake: Electric motorboats shall be permitted on that part of Rogers Lake that is south of Wagon Wheel Trail subject to the following conditions: a. Boats shall be restricted to a maximum length of 18’; b. Motors shall not exceed the maximum equivalent of 10HP; c. No motors shall be used outside of the posted Rogers Park hours; and d. Any boat using an electric motor shall be required to have oars on board pg 6 Mayor Krebsbach explained that there was an extensive discussion among the Council, staff, and the neighborhood and everyone believes the topic was fully vetted. Councilmember Duggan moved to Table the Approval of “AN ORDINANCE AMENDING TITLE 6, CHAPTER 6 OF THE CITY CODE” until such time as the Council has received answers to the questions raised. Councilmember Povolny seconded the motion. Mayor Krebsbach opened the floor for comments and discussion. Councilmember Vitelli stated that he would be voting no on the motion to table. He believes this should be denied instead of wasting more time. Mayor Krebsbach also stated she would not be in support of tabling the item and called for the vote. Ayes: 2 (Duggan, Povolny) Nays: 3 (Petschel, Vitelli, Krebsbach) Councilmember Duggan moved Denial of ORDINANCE AMENDING TITLE 6, CHAPTER 6 OF THE CITY CODE. Councilmember Vitelli seconded the motion. Mayor Krebsbach stated the main reason for denial is the City’s lack of capacity for enforcement and the local Police do not have watercraft to get on the water and are not trained in this type of enforcement. Councilmember Petschel stated that initially she was leaning towards approval but nowhas concerns that were raised not only by herself, but from other citizens; i.e. informal launching of boats, cross contamination or invasive species from other lakes, damage to the park area, lack of capacity to do inspections, lack of capacity for enforcement, etc. Councilmember Povolny explained that he voted for tabling because he is still undecided on this issue. He believes the ordinance is too evasive the way it is written, but he is open to looking at it in more detail. Councilmember Vitelli expressed his thoughts that Rogers Lake is not large enough to introduce electric motors or any other type of motors. Also, he believes approval would open the City up to requests from other lakes. Councilmember Duggan asked if the ordinance that Council was asked to discuss and consider at the Workshop had been published. City Attorney Tami Diehm replied that ordinances are published after they have been adopted so this proposed ordinance had not been published. Ayes: 5 Nays: 0 pg 7 B) REVISED TUITION REIMBURSEMENT POLICY City Administrator Justin Miller explained that this was one of the goals established by the City Council during their work session in February 2012. Staff has been working on this since that time. Human Resources Coordinator Tamara Schutta stated that in 1985 the Council adopted the personnel code and part of that code was Section 23 – Education Incentive Tuition Reimbursement policy. Ms. Schutta explained that this benefit is an important part of the city’s benefits program and helps to attract, develop, retain, and most importantly, invest in staff. The current policy provides tuition reimbursement to all permanent and full-time city employees and reimburses the cost of tuition equal to the charge of the University of Minnesota; that current rate being $448 per credit for undergraduate work and $1,167 per credit for graduate work. During the 2012 budget and goal setting session, the City Council asked staff to review and amend the policy. Presented to the Council was the revised Tuition Reimbursement policy and Ms. Schutta highlighted the three major changes: 1. Employees may be eligible for reimbursement up to $5,250 maximum per calendar year, which meets the guidelines of the qualified plan under IRS Code Section 127. 2. For budgeting purposes, employees will be asked to submit a Tuition Reimbursement Application Approval Form to their department head during the budget cycle. 3. An employee who receives tuition reimbursement under this program and who later leaves employment within one (1) year must repay the City 100% of the amount the City reimbursed the employee for all tuition, books and fees related to the course(s). All city staff as well as Labor Attorney Kevin Rupp have reviewed the revised Tuition Reimbursement policy. Mayor Krebsbach stated she did not believe the Council desired an open-ended budget amount. City Administrator Miller replied that, if this policy were adopted, the department directors would incorporate the request for next year into their budget request. So the request for 2013 Tuition Reimbursement would be considered by the department director and included in their budget submitted to the Council for consideration. Then within the training budget for each department there would be money set aside as recommended by the director. Mayor Krebsbach asked if, even though this policy says “employees may be eligible for reimbursement up to $5,250 maximum per calendar year”, is there a limit to the budget in terms of how many people could get reimbursed. Administrator Miller replied that would go to the City Council as a budget decision. Councilmember Duggan commented on some language challenges in the proposed Section 23 After discussion by Councilmembers and staff, it was determined that, since the proposal had been drafted and reviewed by Labor Attorney Kevin Rupp, the council did not want to alter the language, since that could result in a different meaning other than what was originally intended. pg 8 Councilmember Vitelli stated that he believes the city would not get enough benefit from an employee’s education if they leave within one year. He believes that if an employee leaves within two years of tuition reimbursement, they should be required to repay the city. Councilmember Petschel said that she has seen other tuition reimbursement programs that require repayment of one hundred percent if an employee leaves within one year and a repayment of fifty percent if they were to leave within two years. She stated that she was surprised there was not something like that in this program. Administrator Miller stated that staff would be in agreement to change the policy if the council wishes. Councilmember Vitelli moved Approval to Amend Section 23 - Tuition Reimbursement, of the Mendota Heights Personnel Code with an effective date of January 1, 2013, adding the requirement of one hundred percent repayment if an employee leaves within two years of the reimbursement. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 C) BUILDING PERMIT FOR 745 SOUTH PLAZA DRIVE, WHITE PINES SENIOR LIVING FACILITY City Engineer John Mazzitello explained that staff is requesting a provisional building permit for 745 South Plaza Drive, White Pines Senior Living Facility. A building permit application has been received and typically staff would wait for every item to be submitted before bringing it before the council. However, with three weeks until the next council meeting and with the rapidly shortening construction season, staff felt they could present a provisional permit to council. When the final few items are received, staff would then be able to issue the final permit. Staff received all of the plans, which were reviewed and found to be compliant with the Fourth Amendment to the Planned Unit Development plans, which were approved as part of the settlement agreement. What remains to be submitted to city staff is the determination of the number of Sewer Availability Charge (SAC) units; the fees associated with those SAC units, a landscape letter of credit, and other building permit fees. Once staff receives this information from the contractor, they would then issue the building permit. There would be no alteration in the plans already received. Mayor Krebsbach asked if the council were to approve this request, could the request be denied or revoked if staff does not receive the items needed or something is found to not be in compliance. Engineer Mazzitello replied that if the contractor fails to produce any of the items listed, then the building permit could not be issued because what the council would be approving is provisional on the receipt of these items. Councilmember Duggan inquired as to the timeline of the receipt of the listed items. Engineer Mazzitello replied that based on the way this provisional permit is written there is no timeline. They cannot get their permit until the information is received; and they cannot build their facility without the permit. Councilmember Duggan asked what happens if the contractor enters into a dispute with the Met Council over the number of SAC units. Engineer Mazzitello answered that they would not receive their pg 9 permit until that issue had been resolved. Councilmember Duggan asked if staff believes the permit would be issued by the end of July. Engineer Mazzitello stated that based on his conversations and knowing that the contractor is currently speaking with the Met Council, and the fact that staff has received all of the plans for review and found to be in compliance – staff is comfortable proceeding in this manner because the plans are not going to change without an amendment to the building permit. The plans are the biggest component of a building permit. Mayor Krebsbach asked when White Pines plans on breaking ground. Engineer Mazzitello answered that they have already applied for their grading permit, which would allow them to start excavation and soil corrections. They may actually be in the ground within a week. Councilmember Povolny moved Approval of the Provisional Building Permit for 745 South Plaza Drive, White Pines Senior Living Facility. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 COUNCIL COMMENTS Councilmember Petschel attended the Airport Relations Commission meeting with Senator Metzen and Representative Atkins, which she found to be a wonderful meeting. She believed they were both impressed with the quality of the work that the ARC does. In September, the Noise Oversight Committee will receive from the MAC, Delta, and the FAA, the new RNAV headings off of the end of runway 12L. She reassured everyone that the committee is on top of this and there would be many opportunities for the public to inform themselves on this new procedure and how it might impact the City of Mendota Heights. In regards to the recent highway repair project on 35E and Highway 110, it was Councilmember Petschel’s understanding that, once pavement was removed, issues were discovered that turned out to be worse than was anticipated and so the process took longer than expected. However, based on her observation and comments received by other residents, this project had the worst traffic control that she has ever seen. The project even made the “Tainted” section in the Pioneer Press. Also, ramp impact notifications to the City were not done in a timely way. She expressed her desire to see a letter sent from the Council to MnDOT about this particular contractor; even though the end product might be good, the process was not. Also, she expressed her displeasure in the condition of the cement pavement on the overpass and the noise it generates inside vehicles because of the scoring. City Engineer John Mazzitello stated that he would be happy to draft a letter for council review should they desire to send comments to the Department of Transportation. He has had several conversations with the area engineer specific to that project so she is fully aware that Mendota Heights is engaged with how that project’s process was executed. Councilmember Duggan applauded the citizens that came forward to encourage the City Council and Police Department to work with the businesses in improving security at Mendota Plaza. pg 10 He also mentioned that Connie Evingson would be performing at the Music At Market Square in The Village on July 18, beginning at 6:30 p.m. Residents are encouraged to arrive early for dinner and wine and then to find a good seat for the performance. Councilmember Duggan mentioned that what the city and residents have done in clean up after the storm damage was outstanding. Also, the city made the news again for an outstanding young artist by the name of Jimmy Reagan. Art has given Jimmy Reagan, who has autism, a communication outlet and he is very talented. Councilmember Duggan also mentioned that he represents the city, in part, in the HPP Program and handed out information in that regard. Mayor Krebsbach expressed her appreciation to City Administrator Justin Miller for revising his plans several times in terms of removing the large amount of debris from the storm so that it was safe over the 4th of July. She also acknowledged Mr. Richard Goodspeed for being inducted into the President’s Club at Mendakota. City Administrator Justin Miller informed the residents that Council approved moving the start time of the August 7, 2012 City Council Meeting to 8:00 p.m. so staff and Councilmembers could enjoy the “Night to Unite”. City Engineer John Mazzitello reported that the storm debris pile at Mendakota Park has been removed. The tub grinder and equipment will be removed the morning of July 18, 2012. ADJOURN Mayor Krebsbach adjourned the meeting at 8:14 p.m. ____________________________________ Sandra Krebsbach Mayor ATTEST: _______________________________ Lorri Smith City Clerk pg 11 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES July 24, 2012 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, July 24, 2012, in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. The following Commissioners were present: Chair Norton, Commissioners Field, Hennes, Magnuson, Noonan, and Viksnins. Those absent: Commissioner Roston. Those present were Assistant to the City Administrator Jake Sedlacek, Public Works Director/City Engineer John Mazzitello and NAC Planner Stephen Grittman. Minutes were recorded by Heidi Guenther. Approval of Agenda The agenda was approved as submitted. Approval of June 26, 2012, Minutes COMMISSIONER HENNES MOVED, SECONDED BY COMMISSIONER NOONAN, TO APPROVE THE MINUTES OF JUNE 26, 2012, AS PRESENTED. AYES: 4 NAYS: 0 ABSTAIN: 2 (FIELD AND MAGNUSON) Hearings PLANNING CASE #2012-22 Greg Quehl 953 Wagon Wheel Trail Wetlands Permit Planner Stephen Grittman presented the request of Greg Quehl for approval of a wetlands permit Mr. Grittman noted that the applicant received approval to re-subdivide two existing parcels along Wagon Wheel Trail to create two buildable parcels as part of an application heard at the June planning commission meeting. The two lots both have their frontage on Wagon Wheel Trail. The applicant has spoken with the city’s engineering staff as to where clearing would occur on the lot near the wetland. Staff recommended the 25 feet closest to the wetland remain undisturbed. However, the applicant has requested steps be allowed to approach the pond. It was noted this would be a DNR consideration. Mr. Grittman presented staff’s analysis of the request and while the applicant is still working on final plans, Engineering staff is comfortable with a recommendation for approval at this time. Staff recommends the final design and construction drawings be reviewed by city staff for approval prior to construction, grading and excavation. Commissioner Field questioned if the plans presented this evening differed from last month. Mr. Grittman indicated the plans were new from last month and were placed on the dais for the commission to review this evening. Commissioner Viksnins questioned the conditions for approval. Mr. Grittman suggested a condition for approval be added stating the 25 feet closest to the wetland remain in an undisturbed state. pg 12 Commissioner Hennes requested clarification on where the borings were proposed. Mr. Grittman recommended the applicant address this concern. Commissioner Hennes commented there was a high water table in this area and understood a great deal of fill was needed on the lot. He asked if staff had cleared this issue with the applicant. Mr. Grittman stated this was being resolved with the applicant prior to purchase of the lot. Commissioner Noonan inquired if the pond access would require DNR approval. Mr. Grittman explained this was the case. Commissioner Field questioned if the city’s map of the site had the correct elevations. Mr. Grittman commented the topography lines were correct on the city’ map and were based on a preliminary grading plan. Chair Norton opened the public hearing. Greg Quehl, 1361 Riverside Lane, stated he was the purchaser of the lot and would close on September 4, 2012 based on the recommendation of city council and based on soil borings. He noted the elevations have been increased slightly to reduce sediment from the site going into the pond area. The pond access was requested to allow him to access the waterway and he understood this approval was needed from the DNR. He stated the area that would be cleared to access the pond would be minimal to allow him to use a canoe or paddleboat on the waterway. Mr. Grittman recommended natural materials be used for the stairway and landing. Commissioner Field asked if the stairs were necessary to access the pond. Mr. Quehl stated a ramp could be used instead of stairs. He commented he was not looking to change the wetland in any way. Commissioner Viksnins requested further comment on the 25-foot area near the wetland. Mr. Quehl indicated he was raising the elevation to assure there was no runoff. He did not object to the recommended condition for approval stating the 25 feet closest to the wetland remain undisturbed. Commissioner Hennes inquired where the borings were proposed. Mr. Quehl explained the borings would be taken from the proposed location of the home. Chair Norton asked for a motion to close the public hearing. COMMISSIONER FIELD MOVED, SECONDED BY COMMISSIONER MAGNUSON, TO CLOSE THE PUBLIC HEARING. AYES 6 NAYS 0 COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER NOONAN, TO RECOMMEND APPROVAL OF THE WETLAND PERMIT AT 953 WAGON WHEEL TRAIL AS REQUESTED BASED ON THE FINDINGS OF FACT DETAILED IN THE STAFF REPORT AND SUBJECT TO THE FOLLOWING CONDITIONS: 1. THE APPLICANT WILL SUBMIT FINAL DESIGN AND CONSTRUCTION DRAWINGS FOR CITY STAFF REVIEW AND APPROVAL. 2. THE 25 FEET CLOSEST TO THE WETLAND WILL REMAIN IN AN UNDISTURBED STATE. Commissioner Noonan requested the commission not take action on the stairs at this time, as the plans were not finalized. He recommended the applicant work further with the DNR and staff. Assistant to the City Administrator Sedlacek indicated the egress down the graded area could be reviewed at a staff level and approved. If there were significant changes to the grade, a wetlands permit would be necessary. pg 13 Commissioner Field suggested an additional condition be added stating the stair plans would need to be reviewed and approved by city staff. Commissioner Viksnins questioned if the 25-foot setback was necessary. Mr. Grittman recommended the condition remain in place to assure that no other improvements were made within the 25-foot setback. Commissioner Magnuson clarified that the 25-foot setback would remain undisturbed except for the proposed stair area, which would be subject to city staff approval. Mr. Quehl inquired if a ramp could be used instead of stairs. Commissioner Field suggested the condition be revised to state the egress area within the 25-foot setback to the pond. COMMISSIONER FIELD MOVED, SECONDED BY COMMISSIONER HENNES, TO REVISE CONDITION 2 AS STATED BELOW: 2. THE 25 FEET CLOSEST TO THE WETLAND WILL REMAIN IN AN UNDISTURBED STATE EXCEPT FOR THE PROPOSED EGRESS AREA, WHICH WOULD BE SUBJECT TO CITY STAFF REVIEW AND APPROVAL. AMENDED CONDITION VOTE: AYES 6 NAYS 0 ORIGINAL MOTION VOTE: AYES 6 NAYS 0 Chair Norton advised the City Council would consider this application at its August 7, 2012, meeting. PLANNING CASE #2012-23 Thomas Wieser 1256 Wachtler Avenue Critical Area Permit Planner Stephen Grittman presented the request of Thomas Wieser for approval of a Critical Area Permit. Mr. Grittman noted that the applicant is seeking a critical area permit to construct a new single-family home on a parcel along Wachtler Avenue. The proposed construction site is on a relatively level portion of the property, generally in the area of a previous structure. Due to the fact the property is located within the Mississippi River Critical Area; a permit was required for all of the proposed improvements. The structure would utilize the existing driveway and would extend to the new garage. Mr. Grittman presented staff’s analysis of the request and recommended approval of the critical area permit as proposed with conditions as the property makes use of the property consistent with the R-1 zoning regulations and utilizes the property with the least impact on the vulnerable parts of the property. Tom Wieser, 1524 Alameda Street in St. Paul, thanked staff and the Commission for reviewing his request this evening. Commissioner Hennes asked if the property was vacant. Mr. Wieser explained there was a home on the property, which was removed last fall but utilities were on site. pg 14 Chair Norton opened the public hearing. Seeing no one coming forward wishing to speak, Chair Norton asked for a motion to close the public hearing. COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO CLOSE THE PUBLIC HEARING. AYES 6 NAYS 0 COMMISSIONER FIELD MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO RECOMMEND APPROVAL OF THE CRITICAL AREA PERMIT FOR 1256 WACHTLER AVENUE AS REQUESTED BASED ON THE FINDINGS OF FACT DETAILED IN THE STAFF REPORT AND SUBJECT TO THE FOLLOWING CONDITIONS: 1. COMPLIANCE WITH THE CITY’S LAND DISTURBANCE GUIDANCE DOCUMENT. 2. ANY FURTHER RECOMMENDATIONS OF THE CITY ENGINEER REGARDING GRADING, EROSION AND STORMWATER CONTROL. AYES 6 NAYS 0 Chair Norton advised the City Council would consider this application at its August 7, 2012, meeting. PLANNING CASE #2012-24 David Williams 755 Wentworth Avenue Wetlands Permit Planner Stephen Grittman presented the request of David Williams for approval of a Wetlands Permit. Mr. Grittman noted that the applicants are seeking a wetlands permit to construct a new single family home and swimming pool and related improvements at 755 Wentworth Avenue. The project would be located in proximity to the former house on the site. The subject property is just under eight acres in size, has been occupied by a house, and detached garage. The area of construction would be on the north side of a creek that runs through the property from east to west. Nearly all of the building area is within 100 feet of this creek. Per city code, a wetlands permit was required. Mr. Grittman presented staff’s analysis of the request and recommended approval of the wetlands permit with conditions as the proposed project should not have a negative impact on the wetland, especially the native vegetation plantings which serve to filter the runoff into the wetland. Commissioner Noonan requested further clarification on the required landscaping for all cleared areas. Mr. Grittman explained any land cover that would avoid erosion would qualify. He stated this was common language used in the past. Commissioner Magnuson asked where the existing house and garage was located. Assistant to the City Administrator Sedlacek clarified the buildings had been removed. Alan Maas, 14551 Judicial Road, Suite 100, stated he was the general contractor that had been hired by the Williams to build the proposed home. He thanked the commission for considering his request this evening. Chair Norton opened the public hearing. pg 15 Alan Weinblatt, 754 Upper Colonial Drive, noted his property abuts the subject property and expressed concern with the clearing of the site. He also had concern with the disruption of the wildlife in the area through the construction of the home. He requested the wildlife not be markedly changed through the project. Chair Norton thanked Mr. Weinblatt for expressing his concerns and assured him that city staff would be following the wetlands permit and building permit in accordance with city code. Kevin Burns, 741 Wentworth Avenue, requested the culvert under Wentworth Avenue not be altered in any way through the proposed project. City Engineer John Mazzitello assured Mr. Burns that storm water considerations would be a part of the building permit review. Chair Norton asked for a motion to close the public hearing. COMMISSIONER FIELD MOVED, SECONDED BY COMMISSIONER NOONAN, TO CLOSE THE PUBLIC HEARING. AYES 6 NAYS 0 COMMISSIONER HENNES MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO RECOMMEND APPROVAL OF THE WETLANDS PERMIT AS REQUESTED BASED ON THE FINDINGS OF FACT DETAILED IN THE STAFF REPORT AND SUBJECT TO THE FOLLOWING CONDITIONS: 1. EXISTING STRUCTURES ON THE PROPERTY ARE REMOVED. 2. AREA WITHIN THE 25 FOOT SETBACK IS LEFT UNDISTURBED AND IN ITS NATURAL STATE. 3. DRIVEWAY CONSTRUCTION UTILIZES THE EXISTING CULVERT LOCATION AND OTHERWISE COMPLIES WITH CITY REQUIREMENTS. 4. ALL CLEARED AREAS ARE LANDSCAPED TO MINIMIZE RUNOFF INTO THE CREEK. 5. POOL FENCING MEETS THE CITY’S FENCING REQUIREMENTS FOR MATERIALS, OPENNESS, HEIGHTS, AND OTHER REQUIREMENTS FOR SWIMMING POOL ENCLOSURES. 6. ALL CONSTRUCTION ACTIVITIES FOLLOW THE LAND DISTURBANCE GUIDANCE DOCUMENT. Commissioner Field was pleased with the proposed project on this parcel and was glad that the parcel was not being subdivided. Chair Norton agreed stating this was a beautiful property. Commissioner Magnuson asked if the Land Disturbance Guidance Document addressed the concerns with the culvert. Public Works Director Mazzitello indicated this was the case as the document provided guidance for the contractor on how to develop the site. The current drainage would continue to function after the site was developed. AYES 6 NAYS 0 Chair Norton advised the City Council would consider this application at its August 7, 2012, meeting. PLANNING CASE #2012-25 Steve Stulz 1897 Delaware Avenue Conditional Use Permit for Wireless Facility pg 16 Planner Stephen Grittman presented the request of Steve Stulz for approval of a Conditional Use Permit for a wireless facility at 1897 Delaware Avenue. Mr. Grittman noted that Sprint was requesting approval of a conditional use permit (CUP) to allow modification to their existing wireless telecommunications equipment located upon the roof of Sibley High School located at 1897 Delaware Avenue. The property currently has cellular antenna mounts for four other cellular carries including AT&T, Nextel, Verizon and Qwest. The applicants are proposing to add three antennas and place two additional cabinets of the existing platform. Once surrounding sites are operational, Sprint’s existing equipment would be removed. Mr. Grittman presented staff’s analysis of the request and recommended approval of the conditional use permit with conditions as the proposed antenna and related equipment upgrades are expected to have no physical impact upon neighboring properties. Steve Stulz, agent for Sprint, thanked staff for their presentation this evening. He was pleased with the application and conditions recommended by staff. Chair Norton opened the public hearing. Seeing no one coming forward wishing to speak, Chair Norton asked for a motion to close the public hearing. COMMISSIONER FIELD MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO CLOSE THE PUBLIC HEARING. AYES 6 NAYS 0 COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER NOONAN, TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT FOR A WIRELESS FACILITY AS REQUESTED BASED ON THE FINDINGS OF FACT DETAILED IN THE STAFF REPORT AND SUBJECT TO THE FOLLOWING CONDITIONS: 1. THE EXISTING EQUIPMENT (TO BE REPLACED) BE REMOVED WITHIN SEVEN MONTHS OF CUP APPROVAL. ANTENNA AND EQUIPMENT REMOVAL SHALL INCLUDE THE REMOVAL OF UNUSED MOUNTING EQUIPMENT AND THE REPAIR OF ANY DAMAGED WALL OR ROOF ELEMENTS (FROM EQUIPMENT ANCHORS). 2. THE NEW ANTENNAS AND ACCESSORY EQUIPMENT CABINETS BE PAINTED TO MATCH THE COLOR OF THE BUILDING. 3. THE NEW ANTENNAS AND RELATED EQUIPMENT SHALL COMPLY WITH ALL FCC REGULATIONS. 4. THE NEW ANTENNAS AND RELATED EQUIPMENT SHALL COMPLY WITH ALL APPLICABLE ELECTRICAL CODES. 5. A LEASE AGREEMENT EXISTS BETWEEN THE APPLICANTS AND THE SCHOOL DISTRICT. AYES 6 NAYS 0 Chair Norton advised the City Council would consider this application at its August 7, 2012, meeting. PLANNING CASE #2012-13 City of Mendota Heights Zoning Amendment pertaining to New Property Maintenance Code for Commercial/Industrial Properties pg 17 Assistant to the City Administrator Sedlacek presented the request of the City for approval of a zoning amendment pertaining to a new property maintenance code for commercial/industrial properties. Mr. Sedlacek noted that a planning application was presented to the planning commission on June 26, 2012 to amend Title 12 of city code to include a chapter on commercial property maintenance. At that meeting, the zoning amendment was tabled and staff was directed to discuss the item further with the Chamber of Commerce and local business/commercial property owners. Staff met with Ruthe Batulis and Bob Engelhart on the matter and feedback was provided to staff. Mr. Sedlacek recommended the planning commission discuss the matter further and make a recommendation to the city council, who is anxious to discuss the topic. Commissioner Hennes asked for staff’s recommendation on this issue. Mr. Sedlacek apologized for not including staff’s recommendation from the June 26, 2012 meeting. He commented that staff’s position had not changed and recommended approval of the zoning code amendment. Commissioner Field noted he was not at the previous meeting and was not privy to the discussion held. He questioned why the council had set a timeline for the matter. Mr. Sedlacek explained the council was anxious to discuss the matter themselves and were looking for a recommendation from the planning commission. Commissioner Magnuson indicated she was not in attendance at the June meeting either. She presented staff with a list of proposed changes to the drafting of the ordinance. Mr. Grittman indicated this could be reviewed with the City Attorney prior to the council meeting. Commissioner Viksnins reviewed the July 24th staff memo concerning the comments made by the Chamber of Commerce and Mr. Engelhart. He questioned if the suggested changes were made or if staff had retained the language of the code. Mr. Sedlacek discussed the language changes that were made to the document by staff. He commented the policy issues were left to the planning commission’s discretion. Commissioner Viksnins encouraged the city to remain cooperative with the business community and noted that he supported the ordinance amendment. He understood the council wanted to move along with the ordinance, but wanted to be assured that all voices were heard prior to approval. Commissioner Hennes commented this document could be discussed for the next six months; however he was in favor of moving it along to the city council. He agreed with having the policy in place. Commissioner Noonan was pleased with the changes made to the document based on the comments made by the business community. He indicated all property within the community would now be treated equally, whether residential or commercial/industrial. He stated the zoning ordinance would establish a level playing field of reasonable expectations for property owners in Mendota Heights. Commissioner Viksnins suggested the council consider the comments provided by the Chamber of Commerce before approving the amendment. Commissioner Field stated he would like to be assured this ordinance was done correctly and was in favor of holding this off until comments could be received from Commissioner Roston. Chair Norton agreed. He was in favor of tabling the matter until a full and complete discussion could be held by the entire planning commission. This would also allow for the changes suggested by Commissioner Magnuson to be completed prior to approval. He was concerned the ordinance amendment was a solution searching for a problem. Commissioner Hennes asked if the 60-day time limit was a concern with this item. Mr. Grittman noted was a city generated request and a waiver could be granted for the zoning amendment. pg 18 Commissioner Hennes questioned if the commission would be any more comfortable with the proposed zoning amendment in 30 days. Commissioner Magnuson stated the language would be cleaned up, which would eliminate some of the concerns on the vagueness of the terminology. She was uncertain that all objectives would be overcome, but the document would be more complete. Chair Norton stated the duty of the planning commission was to fully review the information and make a determination accordingly. He was not in favor of rubberstamping the item based on the deadline set by the council. Commissioner Noonan discussed the action taken by the commission at the June meeting as the item was delayed already to allow for conversations between staff and the Chamber of Commerce. However, if the delay was prolonging a denial the action should be taken this evening. Chair Norton stated the final ruling would be taken by the council even if the commission recommended denial. COMMISSIONER FIELD MOVED, SECONDED BY COMMISSIONER MAGNUSON, TO TABLE ACTION ON THIS ITEM TO THE AUGUST 28, 2012 MEETING AFTER REVISIONS ARE MADE TO THE DOCUMENT LANGUAGE. Commissioner Magnuson recommended any other language changes from the commission be sent to staff prior to the August 28, 2012 meeting. Mr. Grittman recommended the commission provide comments to staff prior to August 10, 2012. Commissioner Viksnins stated he would be in favor of hearing staff’s opinion on the comments made by the Chamber of Commerce. Mr. Grittman explained this could be completed prior to the August meeting. Commissioner Hennes expressed concern with the assertions made by the Chamber of Commerce’s letter dated July 20, 2012. He did not feel that the City of Mendota Heights was hostile to local businesses. AYES 4 NAYS 2 (HENNES AND NOONAN OPPOSED) Chair Norton advised the Planning Commission would reconsider this application at its August 28, 2012, meeting. Verbal Review Mr. Sedlacek gave the following verbal review: PLANNING CASE #2012-18 Greg Quehl Lot Line Adjustment and Wetlands Permit • Approved by the City Council as recommended by the Planning Commission. PLANNING CASE #2012-19 Scott Cottington Wetlands Permit and Critical Area Permit • Approved by the City Council as recommended by the Planning Commission. PLANNING CASE #2012-20 Orlando Ponce Critical Area Permit • Approved by the City Council as recommended by the Planning Commission. COMMISSIONER HENNES MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO ADJOURN THE MEETING AT 8:12 P.M. AYES 6 NAYS 0 Respectfully submitted, Heidi Guenther, Recording Secretary pg 19 DATE: August 7, 2012 TO: Mayor, City Council & City Administrator FROM: Paul R. Berg, Code Enforcement Officer SUBJECT: Sign permit approval 1408 Northland Drive BACKGROUND Staff has received a sign permit application for a 13.9 square foot non-illuminated building sign from Spectrum Sign Systems, Inc. on behalf of the Cassidy Turley building owner. Please see attached colored depiction of sign superimposed on the building. BUDGET IMPACT N/A RECOMMENDATION Staff recommends approval of the 13.9 square foot non-illuminated building sign. If Council wishes to implement staff recommendation of approval it should pass a motion of approval and grant staff the authority to issue the requested sign permit. pg 20 pg 21 pg 22 pg 23 pg 24 DATE: August 7, 2012 TO: Mayor and City Council FROM: Mike Aschenbrener, Chief of Police John Maczko, Fire Chief SUBJECT: 13th Annual Wacipi at St. Peter’s Church BACKGROUND: The Mendota Mdewakanton Dakota Community has sponsored a Traditional Wacipi, a non- competitive pow-wow, for the past 13 years. The Wacipi will be held on the grounds at St. Peter’s Church. The Wacipi is a family oriented event that is open to the public. The City does not require permits for large scale activities, but approval is required for the continual fire they plan on having. There is no alcohol allowed at the event. It should not require any extra policing. See attached flyer. BUDGET IMPACT There is no financial impact. RECOMMENDATION Pass a motion authorizing the Mdewakanton Dakota Community to have continual fire from Friday, September 7 at 5:05 p.m. until the end of the event on Sunday, September 9, 2012. pg 25 Mendota’s 13th Annual Traditional Wacipi September 7, 8, 9, 2012. St. Peter’s Church Grounds 1405 Sibley Memorial Hwy in Mendota, Minnesota 55150 Emcee: Mitch Walking Elk Arena Director: Windy Down Wind Host Drum: Scotty Brown Eyes Co Host Drum: Little Thunder Birds Men's Head Dancer: Nick Anderson Women's Head Dancer: Mary So Happy Spiritual Advisor: TBA Public Welcome First 10 Drums Paid Friday, Sept 07 5:05 pm .............. Lighting the Sacred Fire (followed by a potluck dinner) Saturday, Sept 08 12:00 am ............ Dancer's Registration 1:00 pm .............. Grand Entry 3:30 pm .............. Honoring Ceremony Dick Bancroft & Norbe Blake .......................... Other Honorings 5:30-6:30pm ....... Dancer Registration 7:00 pm .............. Grand Entry / Mexica Dancer 8:00 pm .............. Registered Dancers Payout Sunday, Sept 09 12:00 am ............ Dancer's Registration 1:00 pm .............. Grand Entry 1:30 pm .............. Honoring Ceremony 2:00 pm .............. More Dancing 3:00 pm .............. Honoring Ceremony 5:00 pm .............. Closing Ceremony & Thank You Feast 5:30 pm .............. Registered Dancers Payout For more information call 651-452-4141 $5 Entry Button Donation No one turned away! NO DRUGS, ALCOHOL, FIREARMS, OR PETS ALLOWED Please bring lawn chairs . Please note: This is a Traditional Wacipi not a Competition. Sponsored by the Mendota Mdewakanton Dakota Community. www.mendotadakota.com mmdc01@comcast.net Donations Needed Public Welcome! Public Welcome! pg 26 DATE: August 7, 2012 TO: Mayor, City Council and City Administrator FROM: Kristen Schabacker, Finance Director SUBJECT: Banking Authorization Change BACKGROUND This memo is to update the Banking Authorization Resolution for American Bank and Gateway Bank. We will need to add Lorri Smith, City Clerk and remove Sandie Thone from the list of authorized signatures. The banks have provided us with the paperwork to make this change to the city bank accounts. BUDGET IMPACT N/A RECOMMENDATION Remove Sandie Thone and add Lorri Smith to the Banking Authorization Resolutions for both American and Gateway Banks. pg 27 DATE: August 7, 2012 TO: Mayor, City Council and City Administrator FROM: Jake Sedlacek, Assistant to the City Administrator SUBJECT: Planning Case 2012-25, Conditional Use Permit for Wireless Facility BACKGROUND Steve Stulz made a planning application on behalf of Independent School District 197 and Sprint for a conditional use permit to upgrade the wireless facilities located on the Henry Sibley High School building. Because the work will result in a small change to the exterior of the building, staff instructed Mr. Stulz to make application. The planning commission heard the request at their regular meeting on Tuesday, July 24, 2012. There were no questions on the application; Mr. Stulz affirmed for the commission that the proposed conditions of approval were acceptable. There were no comments at the public hearing. BUDGET IMPACT N/A RECOMMENDATION The planning commission recommended approval of the request on a 6:0 vote. This matter requires a simple majority vote by the council. If the city council desires to implement the recommendation, pass a motion adopting A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR WIRELESS FACILITY AT 1897 DELAWARE AVENUE. pg 28 MEMORANDUM TO: Mendota Heights Planning Commission FROM: Bob Kirmis/Stephen Grittman DATE: July 12, 2012 MEETING DATE: July 24, 2012 SUBJECT: Conditional Use Permit for a Wireless Antenna Modification CASE NO: Case No. 12.25, NAC Case 254.04 - 12.13 APPLICANT(S): Sprint LOCATION: 1897 Delaware Avenue (Sibley High School) ZONING: R-1, One Family Residential Guide Plan: Public Background and Description of Request: Sprint is requesting approval of a Conditional Use permit (CUP) to allow modification to their existing wireless telecommunication equipment located upon the roof of Sibley High School located at 1897 Delaware Avenue. The property currently has cellular antenna mounts for four other cellular carriers including AT&T, Nextel, Verizon and Qwest. Specifically, the applicants are proposing to add three antennas (I per sector) and place two additional cabinets of the existing platform. Once surrounding sites are operational, Sprint’s existing equipment would be removed. The Zoning Ordinance allows for wireless communication towers and antenna in all zoning districts upon approval of a conditional use permit. Analysis: The applicants are proposing to add three antennas (I per sector) and place two additional cabinets of the existing platform. As noted, the applicants intend to remove pg 29 the existing cabinets and antennas once surrounding sites are determined to be operational. The new antennas are to be six feet in height. Some of the existing antennas being replaced are currently under 4 feet in height, however, the replacements will not extend above the wall of the building. The applicant anticipates that surrounding sites will be operational in approximately six months. While the proposed antenna and equipment upgrades are not expected to have any significant impacts upon the subject site and surrounding properties, two relatively minor concerns exist. For an approximate six month period, the amount of Sprint operated equipment will be approximately double that which presently exists. From a visual standpoint, this may not be considered the most desirable condition. To ensure prompt removal of the existing equipment, it is suggested that a deadline for removal be established. In this regard, it is recommended that the existing equipment be moved no later than seven months from the date of CUP approval. To be noted is that the antenna and equipment removal should include the removal of unused mounting equipment and the repair of any damaged wall or roof elements (from equipment anchors). The second issue relates to the appearance of the new antennas and cabinets. For building mounted-installations, the Zoning Ordinance encourages antennae which are painted to blend with the building. To minimize the aesthetic impacts of the new antennas and equipment cabinets, it is recommended that they be painted to match the color of the high school building. Action Requested: Following a public hearing, the Planning Commission may recommend one of the following: (1) Approve the Conditional Use Permit with conditions based on a finding that the proposed antenna and accessory equipment modifications meet all of the Zoning Ordinance requirements and are consistent with the intent of the Conditional use Permit criteria allowing such features. Conditions may include: a. The existing equipment (to be replaced) be removed within seven months of CUP approval. Antenna and equipment removal shall include the removal of unused mounting equipment and the repair of any damaged wall or roof elements (from equipment anchors). b. The new antennas and accessory equipment cabinets be painted to match the color of the building. c. The new antennas and related equipment shall comply with all FCC regulations. pg 30 d. The new antennas and related equipment shall comply with all applicable electrical codes. e. A lease agreement exists between the applicants and the School District. (2) Deny the Conditional Use Permit, based on a finding from additional information presented at the public hearing. Staff Recommendation: Planning Staff recommends approval of the Conditional Use Permit with conditions as stated in Alternative number (1) above. The proposed antenna and related equipment upgrades are expected to have no physical impact upon neighboring properties. Supplementary Materials: 1. Site Location Map 2. Application Materials dated 7-2-12 pg 31 De l a w a r e A v e . Do d d R d Marie Ave So u t h L a Tr a i l R d Wa r r i o r D r Hillt o p R d Evergreen Kn Callahan Pl Wesley La Bachelor Ave Highway 110 Frontage Rd Kn o b R d Sutton La Stanwich La Va l l e y C u r v e R d S Plaza Dr Ridge Pl Fo x P l Az t e c L a Dodg e L a Wa c h t l e r A v e Freeway Rd Sibley Ct R i d g e w o o d D r Ar v i n D r Mager Ct G r y c C t Wa c h t l e r A v e 1897 Delaware Ave. Site Location Map Water/Wetlands Major Roads City Roads Municipal Boundaries pg 32 pg 33 pg 34 pg 35 pg 36 pg 37 pg 38 pg 39 CITY OF MENDOTA HEIGHTS NOTICE OF HEARING A PUBLIC HEARING ON A REQUEST FOR A CONDITIONAL USE PERMIT FOR UPDATES TO THE WIRELESS FACILITY AT 1897 DELAWARE AVE. TO WHOM IT MAY CONCERN: NOTICE is hereby given that the Planning Commission of Mendota Heights will meet at 7:00 P.M., or as soon as possible thereafter, on Tuesday, July 24, 2012 in the City Hall Council Chambers, 1101 Victoria Curve, Mendota Heights, Minnesota, to consider an application from Steve Stulz on behalf of Sprint to update wireless antenna at Henry Sibley High School, 1897 Delaware Ave. This notice is pursuant to Title 12 (Zoning), Chapter 1 of the Mendota Heights City Code. Such persons as desire to be heard with reference to this request will be heard at this meeting. Lorri Smith City Clerk pg 40 Dakota County, MN Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search, appraisal, survey, or for zoning verification. Map Scale 1 inch = 773 feet pg 41 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2012- A RESOLUTION APPROVING A CONDITIOANL USE PERMIT FOR WIRELESS FACILITIES AT 1897 DELAWARE AVE. WHEREAS, Steve Stulz, on behalf Independent School District 197 has applied for a conditional use permit to complete updates to the wireless facilities located at Henry Sibley High School, 1897 Delaware Ave (PID 27-2500-030-10, Section 25 Township 28 Range 23, SE ¼ of NE ¼ Less Hgwy 98/100 A EX PT for St subj to CO R/W Par 1(352)) as proposed in planning case 2012-25; and WHEREAS, the planning commission held a public hearing on this matter at their regular meeting July 25, 2012. NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council that a conditional use permit as proposed in planning case 2012-25 is hereby approved with the following findings of fact: 1. The proposed antenna and accessory equipment modifications meet all of the Zoning Ordinance requirements. 2. The proposed antenna and accessory equipment modifications are consistent with the intent of the conditional use permit criteria allowing such features. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that a conditional use permit as proposed in planning case 2012-25 is hereby approved with the following conditions: 1. The existing equipment (to be replaced) be removed within seven months of CUP approval. Antenna and equipment removal shall include the removal of unused mounting equipment and the repair of any damaged wall or roof elements (from equipment anchors). 2. The new antennas and accessory equipment cabinets be painted to match the color of the building 3. The new antennas and related equipment shall comply with all FCC regulations. Adopted by the City Council of the City of Mendota Heights this seventh day of August 2012. CITY COUNCIL CITY OF MENDOTA HEIGHTS ___________________________ Sandra Krebsbach, Mayor pg 42 ATTEST ______________________________ Lorri Smith, City Clerk pg 43 DATE: August 7, 2012 TO: Mayor, City Council and City Administrator FROM: Tamara Schutta, HR Coordinator SUBJECT: Par 3 Temporary Seasonal Hires 2012 BACKGROUND Several weeks ago, Charles Lennon resigned as a Clubhouse Worker. He had recently retired from his fulltime job and was beginning to travel. Also within the next month, several clubhouse workers will be leaving for college. City staff recently completed interviews for two clubhouse worker positions. Applicants were offered their position contingent upon a successful completion of a criminal background check and council approval. Staff is recommending the following individuals for employment effective August 1, 2012 for the remainder of the 2012 golf season: Position Name Rate of Pay: Clubhouse Workers Thomas Clifford $8.25 Vicki Larson $8.25 BUDGET IMPACT As noted above. RECOMMENDATION City staff recommends that city council approve the above mentioned part-time seasonal position candidates for employment effective August 1, 2012 for the remainder of the 2012 Par 3 golf season. If council concurs in the recommendation, a motion should be made to approve the above listed Par 3 seasonal hires. A simple majority vote is all that is needed on this issue. pg 44 DATE: August 7, 2012 TO: Mayor, City Council and City Administrator FROM: Kristen Schabacker, Finance Director SUBJECT: 2012 Bond Issue BACKGROUND The city has ordered four road improvement projects to be completed this construction season. Tonight we will begin the process to issue bonds to finance these projects. The four projects are the Lemay Lake Road project, Diane Road project, Marie Avenue project and the Mendota Heights Road project. I have contacted Ehlers & Associates to assist us with the issuance of these bonds. The schedule is as follows: Pre-Sale Review by Council August 7, 2012 Distribute Official Statement Week of August 6th, 2012 Conference with Rating Agency Week of August 13th, 2012 Award Sale of Bonds August 21, 2012 Estimated Closing Date September 12, 2012 Ehlers has prepared a Pre-Sale report that is attached for your review. We will be issuing $2,640,000 General Obligation Improvement Bonds for these street projects with a term of 19 years. BUDGET IMPACT The bonds will be paid with a combination of special assessments and an amount levied each year for the annual bond payments. RECOMMENDATION I recommend that council pass a motion to adopt Resolution 2012- “RESOLUTION PROVIDING FOR THE SALE OF $2,640,000 G.O. IMPROVEMENT BONDS, SERIES 2012A.” pg 45 Prepared and Presented by: Mark Ruff Financial Advisor, CIPFA And Stacie Kvilvang Financial Advisor, CIPFA August 7, 2012 Pre-Sale Report for $2,640,000 General Obligation Improvement Bonds, Series 2012A City of Mendota Heights, Minnesota pg 46 Executive Summary of Proposed Debt Proposed Issue: $2,640,000 General Obligation Improvement Bonds, Series 2012A Authority: The Bonds are being issued pursuant to Minnesota Statues, Chapter 429 and 475. Because the City assessing at least 20% of the project costs, the Bonds can be a general obligation without a referendum and will not count against the City’s debt limit. Purposes/Funding Sources: The proposed issue includes financing for the following purposes: • Marie Avenue Street Reconstruction • Lemay Lake Neighborhood Improvements – Reconstruction • Diane Road / Mendota Heights Road Rehabilitation For the Marie Avenue street project, it is the intent of the City to levy the special assessments in the amount of approximately $108,800 for the road reconstruction portion of the project to benefiting property owners in 2012 for collection in years 2013 through 2031 at a rate of 6% (19 years). The City anticipates receiving approximately $43,520 (40%) in prepayments on the special assessments from the project this fall. For the Lemay Lake Neighborhood improvement, it is the intent of the City to levy the special assessments in the amount of approximately $338,946.64 for the road reconstruction portion of the project to benefiting property owners in 2012 for collection in years 2013 through 2031 at a rate of 6% (19 years). The City anticipates receiving approximately $101,683.99 (30%) in prepayments on the special assessments from this portion of the project this fall. For the Diane Road / Mendota Heights Road projects, it is the intent of the City to levy the special assessments in the amount of approximately $376,664.07 for the road rehabilitation portion of the project to benefiting property owners in 2012 for collection in years 2013 through 2022 at a rate of 6% (10 years). The City anticipates receiving approximately $150,665.63 (40%) in prepayments on the special assessments from this portion of the project this fall. The issue size has been reduced by the aforementioned prepayment amounts. In addition, the City anticipates utilizing approximately $1,150,506.29 from its Utility funds, $410,582.83 in MSA funds, and $84,784.80 in Infrastructure funds for the projects. Remaining debt service will be paid from a tax levy. A portion of the levy will be deferred until another bond is paid off in eight years. The information related to the up-front sources of funds for the 2012 projects is found in the attachments to this report. pg 47 Term/Call Feature The Bonds are being issued for a 19 year term. Principal on the Bonds will be due on February 1 in the years 2014 through 2032. Interest is payable every six months beginning August 1, 2013. The Bonds maturing February 1, 2022, and thereafter will be subject to prepayment at the discretion of the City on February 1, 2021 or any date thereafter. Bank Qualification Because the City is issuing less than $10,000,000 in the calendar year, the City will be able to designate the Bonds as “bank qualified” obligations. Bank qualified status broadens the market for the Bonds, which can result in lower interest rates. Rating: The City’s most recent bond issues were rated “Aa1” by Moody’s Investors Service. The City will request a new rating for the Bonds. If the winning bidder on the Bonds elects to purchase bond insurance, the rating for the issue may be higher than the City's bond rating in the event that the bond rating of the insurer is higher than that of the City. Method of Sale/Placement: In order to obtain the lowest interest cost to the City, we will solicit competitive bids for purchase of the Bonds from local banks in your area and regional underwriters. We have included an allowance for discount bidding equal to 1.0% of the principal amount of the issue. The discount is treated as an interest item and provides the underwriter with all or a portion of its compensation in the transaction. If the Bonds are purchased at a price greater than the minimum bid amount (maximum discount), the unused allowance may be used to lower your borrowing amount. Risk Considerations: If significant amounts of prepayments of special assessments are received (above what has been anticipated), the levy may need to be increased in future years because the City’s investment earnings on additional prepayments will likely be less than 6%. Review of Existing Debt: We have reviewed all outstanding indebtedness for the City and find one bond issue callable on February 1, 2013 that the City can prepahy at that time. For the remaining debt, two issues are candidates for refunding, savings are relatively small and the city may prefer options other than an advance refunding. We will continue to monitor the market and the call dates for the City’s outstanding debt and will alert you to any future refunding opportunities. Continuing Disclosure: Because the City has more than $10,000,000 in outstanding debt (including this issue) and this issue is over $1,000,000, the City will be agreeing to provide certain updated Annual Financial Information pg 48 and its Audited Financial Statement annually as well as providing notices of the occurrence of certain “material events” to the Municipal Securities Rulemaking Board (the “MSRB”), as required by rules of the Securities and Exchange Commission (SEC). The City is already obligated to provide such reports for its existing bonds, and has contracted with Ehlers to prepare and file the reports. Arbitrage Monitoring: Because the Bonds are tax-exempt securities/tax credit securities, the Issuer must ensure compliance with certain Internal Revenue Service (IRS) rules throughout the life of the issue. These rules apply to all gross proceeds of the issue, including initial bond proceeds and investment earnings in construction, escrow, debt service, and any reserve funds. How issuers spend bond proceeds and how they track interest earnings on funds (arbitrage/yield restriction compliance) are common subjects of IRS inquiries. Your specific responsibilities will be detailed in the Nonarbitrage Certificate prepared by your Bond Attorney and provided at closing. We recommend that you regularly monitor compliance with these rules and/or retain the services of a qualified firm to assist you. pg 49 Proposed Debt Issuance Schedule Pre-Sale Review by Council: August 7, 2012 Distribute Official Statement: Week of August 6th Conference with Rating Agency: Week of August 13th City Council Meeting to Award Sale of the Bonds: August 21,2012 Estimated Closing Date: September 12, 2012 Attachments Sources and Uses of Funds Proposed Debt Service Schedule Resolution Authorizing Ehlers to Proceed With Bond Sale Ehlers Contacts: Financial Advisors: Mark Ruff Stacie Kvilvang (651) 697-8505 (651) 697-8506 Bond Analyst: Kara Meverden (651) 697-8545 Bond Sale Coordinator: Financial Analyst: Alicia Aulwes Alicia Gage (651) 697-8523 (651) 697-8551 The Official Statement for this financing will be mailed to the Council Members at their home address or e-mailed for review prior to the sale date. pg 50 Resolution No. _______________ Council Member _________________ introduced the following resolution and moved its adoption: Resolution Providing for the Sale of $2,640,000 G.O. Improvement Bonds, Series 2012A A. WHEREAS, the City Council of the City of Mendota Heights, Minnesota, has heretofore determined that it is necessary and expedient to issue the City's $2,640,000 G.O. Improvement Bonds Series 2012A (the "Bonds"), to finance 2012 street reconstruction and rehabilitation projects in the City; and B. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"), as its independent financial advisor for the Bonds and is therefore authorized to solicit proposals in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. Authorization; Findings. The City Council hereby authorizes Ehlers to solicit proposals for the sale of the Bonds. 2. Meeting; Proposal Opening. The City Council shall meet at 7:00 p.m. on August 21, 2012, for the purpose of considering sealed proposals for and awarding the sale of the Bonds. 3. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by Council Member _______________________ and, after full discussion thereof and upon a vote being taken thereon, the following Council Members voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. Dated this 7th day of August, 2012. _____________________________________________ City Clerk pg 51 Mendota Heights, Minnesota $2,640,000 G.O. Improvement Bonds, Series 2012 Issue Summary Table of Contents Report ISSUE SUMMARY Total Issue Sources And Uses 1 Debt Service Schedule 2 Levy Schedule 3 MARIE AVENUE IMPROVEMENTS Debt Service Schedule 4 Levy Schedule 5 LEMAY LAKE NEIGHBORHOOD IMPROVEMENTS Debt Service Schedule 6 Levy Schedule 7 DIANE / MENDOTA HGTS ROAD IMPROVEMENTS Debt Service Schedule 8 Levy Schedule 9 Ser 2012 Improvements Inc | Issue Summary | 7/25/2012 | 7:52 AM pg 52 Mendota Heights, Minnesota $2,640,000 G.O. Improvement Bonds, Series 2012 Issue Summary Total Issue Sources And Uses Dated 09/01/2012 | Delivered 09/01/2012 Marie Avenue Improvements Lemay Lake Neighborhood Improvements Diane / Mendota Hgts Road Improvements Issue Summary Sources Of Funds Par Amount of Bonds $550,000.00$1,290,000.00$800,000.00$2,640,000.00 Infrastructure Funding --84,784.80 84,784.80 MSA Funding 106,170.24 -304,412.59410,582.83 Utility Funding 614,282.61536,223.68 -1,150,506.29 Prepaid Special Assessments 43,520.00101,683.99150,665.63295,869.62 Total Sources $1,313,972.85$1,927,907.67$1,339,863.02$4,581,743.54 Uses Of Funds Total Underwriter's Discount (1.000%)5,500.00 12,900.00 8,000.00 26,400.00 Costs of Issuance 7,500.00 17,590.91 10,909.09 36,000.00 Deposit to Project Construction Fund 1,296,728.991,897,847.361,323,565.914,518,142.26 Rounding Amount 4,243.86 (430.60)(2,611.98)1,201.28 Total Uses $1,313,972.85$1,927,907.67$1,339,863.02$4,581,743.54 Ser 2012 Improvements Inc | Issue Summary | 7/25/2012 | 7:52 AM Page 1 pg 53 Mendota Heights, Minnesota $2,640,000 G.O. Improvement Bonds, Series 2012 Issue Summary Debt Service Schedule Date PrincipalCouponInterest Total P+IFiscal Total 09/01/2012 ----- 08/01/2013 --52,868.76 52,868.76 - 02/01/2014 75,000.00 0.650%28,837.50 103,837.50 156,706.26 08/01/2014 --28,593.75 28,593.75 - 02/01/2015 95,000.00 0.750%28,593.75 123,593.75 152,187.50 08/01/2015 --28,237.50 28,237.50 - 02/01/2016 95,000.00 0.900%28,237.50 123,237.50 151,475.00 08/01/2016 --27,810.00 27,810.00 - 02/01/2017 95,000.00 1.150%27,810.00 122,810.00 150,620.00 08/01/2017 --27,263.75 27,263.75 - 02/01/2018 95,000.00 1.350%27,263.75 122,263.75 149,527.50 08/01/2018 --26,622.50 26,622.50 - 02/01/2019 90,000.00 1.600%26,622.50 116,622.50 143,245.00 08/01/2019 --25,902.50 25,902.50 - 02/01/2020 90,000.00 1.800%25,902.50 115,902.50 141,805.00 08/01/2020 --25,092.50 25,092.50 - 02/01/2021 90,000.00 1.950%25,092.50 115,092.50 140,185.00 08/01/2021 --24,215.00 24,215.00 - 02/01/2022 180,000.00 2.050%24,215.00 204,215.00 228,430.00 08/01/2022 --22,370.00 22,370.00 - 02/01/2023 180,000.00 2.150%22,370.00 202,370.00 224,740.00 08/01/2023 --20,435.00 20,435.00 - 02/01/2024 160,000.00 2.250%20,435.00 180,435.00 200,870.00 08/01/2024 --18,635.00 18,635.00 - 02/01/2025 165,000.00 2.350%18,635.00 183,635.00 202,270.00 08/01/2025 --16,696.25 16,696.25 - 02/01/2026 165,000.00 2.450%16,696.25 181,696.25 198,392.50 08/01/2026 --14,675.00 14,675.00 - 02/01/2027 170,000.00 2.500%14,675.00 184,675.00 199,350.00 08/01/2027 --12,550.00 12,550.00 - 02/01/2028 170,000.00 2.600%12,550.00 182,550.00 195,100.00 08/01/2028 --10,340.00 10,340.00 - 02/01/2029 175,000.00 2.700%10,340.00 185,340.00 195,680.00 08/01/2029 --7,977.50 7,977.50 - 02/01/2030 180,000.00 2.800%7,977.50 187,977.50 195,955.00 08/01/2030 --5,457.50 5,457.50 - 02/01/2031 185,000.00 2.900%5,457.50 190,457.50 195,915.00 08/01/2031 --2,775.00 2,775.00 - 02/01/2032 185,000.00 3.000%2,775.00 187,775.00 190,550.00 Total $2,640,000.00 -$773,003.76 $3,413,003.76 - Yield Statistics Bond Year Dollars $31,335.00 Average Life 11.869 Years Average Coupon 2.4669021% Net Interest Cost (NIC)2.5511529% True Interest Cost (TIC)2.5426546% Bond Yield for Arbitrage Purposes 2.4429532% All Inclusive Cost (AIC)2.6807942% IRS Form 8038 Net Interest Cost 2.4669021% Weighted Average Maturity 11.869 Years Ser 2012 Improvements Inc | Issue Summary | 7/25/2012 | 7:52 AM Page 2 pg 54 Mendota Heights, Minnesota $2,640,000 G.O. Improvement Bonds, Series 2012 Issue Summary Levy Schedule DateCUSIPPrincipalCouponInterestTotal P+INet D/SNet DS * 1.05%Special Asmnt Levy Amount 02/01/2013 -------- 02/01/2014 75,000.000.650%81,706.26156,706.26156,706.26164,541.57 (70,147.53)94,394.04 02/01/2015 95,000.000.750%57,187.50152,187.50152,187.50159,796.88 (67,924.23)91,872.65 02/01/2016 95,000.000.900%56,475.00151,475.00151,475.00159,048.75 (65,612.84)93,435.91 02/01/2017 95,000.001.150%55,620.00150,620.00150,620.00158,151.00 (63,301.45)94,849.55 02/01/2018 95,000.001.350%54,527.50149,527.50149,527.50157,003.88 (60,990.05)96,013.83 02/01/2019 90,000.001.600%53,245.00143,245.00143,245.00150,407.25 (58,678.66)91,728.59 02/01/2020 90,000.001.800%51,805.00141,805.00141,805.00148,895.25 (56,367.28)92,527.97 02/01/2021 90,000.001.950%50,185.00140,185.00140,185.00147,194.25 (54,055.88)93,138.37 02/01/2022 180,000.002.050%48,430.00228,430.00228,430.00239,851.50 (51,744.49)188,107.01 02/01/2023 180,000.002.150%44,740.00224,740.00224,740.00235,977.00 (49,433.10)186,543.90 02/01/2024 160,000.002.250%40,870.00200,870.00200,870.00210,913.50 (24,521.88)186,391.62 02/01/2025 165,000.002.350%37,270.00202,270.00202,270.00212,383.50 (23,566.48)188,817.02 02/01/2026 165,000.002.450%33,392.50198,392.50198,392.50208,312.13 (22,611.08)185,701.05 02/01/2027 170,000.002.500%29,350.00199,350.00199,350.00209,317.50 (21,655.68)187,661.82 02/01/2028 170,000.002.600%25,100.00195,100.00195,100.00204,855.00 (20,700.29)184,154.71 02/01/2029 175,000.002.700%20,680.00195,680.00195,680.00205,464.00 (19,744.88)185,719.12 02/01/2030 180,000.002.800%15,955.00195,955.00195,955.00205,752.75 (18,789.48)186,963.27 02/01/2031 185,000.002.900%10,915.00195,915.00195,915.00205,710.75 (17,834.08)187,876.67 02/01/2032 185,000.003.000%5,550.00190,550.00190,550.00200,077.50 (16,878.68)183,198.82 Total -$2,640,000.00 -$773,003.76 $3,413,003.76 $3,413,003.76 $3,583,653.95 (784,558.04)$2,799,095.91 Ser 2012 Improvements Inc | Issue Summary | 7/25/2012 | 7:52 AM Page 3 pg 55 Mendota Heights, Minnesota $550,000 - Purpose 1 Marie Avenue Improvements Debt Service Schedule Date PrincipalCouponInterest Total P+IFiscal Total 09/01/2012 ----- 08/01/2013 --11,515.63 11,515.63 - 02/01/2014 10,000.00 0.650%6,281.25 16,281.25 27,796.88 08/01/2014 --6,248.75 6,248.75 - 02/01/2015 15,000.00 0.750%6,248.75 21,248.75 27,497.50 08/01/2015 --6,192.50 6,192.50 - 02/01/2016 15,000.00 0.900%6,192.50 21,192.50 27,385.00 08/01/2016 --6,125.00 6,125.00 - 02/01/2017 15,000.00 1.150%6,125.00 21,125.00 27,250.00 08/01/2017 --6,038.75 6,038.75 - 02/01/2018 15,000.00 1.350%6,038.75 21,038.75 27,077.50 08/01/2018 --5,937.50 5,937.50 - 02/01/2019 15,000.00 1.600%5,937.50 20,937.50 26,875.00 08/01/2019 --5,817.50 5,817.50 - 02/01/2020 15,000.00 1.800%5,817.50 20,817.50 26,635.00 08/01/2020 --5,682.50 5,682.50 - 02/01/2021 15,000.00 1.950%5,682.50 20,682.50 26,365.00 08/01/2021 --5,536.25 5,536.25 - 02/01/2022 35,000.00 2.050%5,536.25 40,536.25 46,072.50 08/01/2022 --5,177.50 5,177.50 - 02/01/2023 35,000.00 2.150%5,177.50 40,177.50 45,355.00 08/01/2023 --4,801.25 4,801.25 - 02/01/2024 35,000.00 2.250%4,801.25 39,801.25 44,602.50 08/01/2024 --4,407.50 4,407.50 - 02/01/2025 40,000.00 2.350%4,407.50 44,407.50 48,815.00 08/01/2025 --3,937.50 3,937.50 - 02/01/2026 40,000.00 2.450%3,937.50 43,937.50 47,875.00 08/01/2026 --3,447.50 3,447.50 - 02/01/2027 40,000.00 2.500%3,447.50 43,447.50 46,895.00 08/01/2027 --2,947.50 2,947.50 - 02/01/2028 40,000.00 2.600%2,947.50 42,947.50 45,895.00 08/01/2028 --2,427.50 2,427.50 - 02/01/2029 40,000.00 2.700%2,427.50 42,427.50 44,855.00 08/01/2029 --1,887.50 1,887.50 - 02/01/2030 40,000.00 2.800%1,887.50 41,887.50 43,775.00 08/01/2030 --1,327.50 1,327.50 - 02/01/2031 45,000.00 2.900%1,327.50 46,327.50 47,655.00 08/01/2031 --675.00 675.00 - 02/01/2032 45,000.00 3.000%675.00 45,675.00 46,350.00 Total $550,000.00 -$175,026.88 $725,026.88 - Yield Statistics Bond Year Dollars $6,959.17 Average Life 12.653 Years Average Coupon 2.5150552% Net Interest Cost (NIC)2.5940876% True Interest Cost (TIC)2.5884937% Bond Yield for Arbitrage Purposes 2.4429532% All Inclusive Cost (AIC)2.7192869% IRS Form 8038 Net Interest Cost 2.5150552% Weighted Average Maturity 12.653 Years Ser 2012 Improvements Inc | Marie Avenue Improvements | 7/25/2012 | 7:52 AM Page 4 pg 56 Mendota Heights, Minnesota $550,000 - Purpose 1 Marie Avenue Improvements Levy Schedule DateCUSIPPrincipalCouponInterestTotal P+INet D/SNet DS * 1.05%Special Asmnt Levy Amount 02/01/2013 -------- 02/01/2014 10,000.000.650%17,796.8827,796.8827,796.8829,186.72 (7,341.71)21,845.01 02/01/2015 15,000.000.750%12,497.5027,497.5027,497.5028,872.38 (7,146.44)21,725.94 02/01/2016 15,000.000.900%12,385.0027,385.0027,385.0028,754.25 (6,940.30)21,813.95 02/01/2017 15,000.001.150%12,250.0027,250.0027,250.0028,612.50 (6,734.15)21,878.35 02/01/2018 15,000.001.350%12,077.5027,077.5027,077.5028,431.38 (6,528.00)21,903.38 02/01/2019 15,000.001.600%11,875.0026,875.0026,875.0028,218.75 (6,321.85)21,896.90 02/01/2020 15,000.001.800%11,635.0026,635.0026,635.0027,966.75 (6,115.71)21,851.04 02/01/2021 15,000.001.950%11,365.0026,365.0026,365.0027,683.25 (5,909.56)21,773.69 02/01/2022 35,000.002.050%11,072.5046,072.5046,072.5048,376.13 (5,703.41)42,672.72 02/01/2023 35,000.002.150%10,355.0045,355.0045,355.0047,622.75 (5,497.26)42,125.49 02/01/2024 35,000.002.250%9,602.5044,602.5044,602.5046,832.63 (5,291.12)41,541.51 02/01/2025 40,000.002.350%8,815.0048,815.0048,815.0051,255.75 (5,084.97)46,170.78 02/01/2026 40,000.002.450%7,875.0047,875.0047,875.0050,268.75 (4,878.82)45,389.93 02/01/2027 40,000.002.500%6,895.0046,895.0046,895.0049,239.75 (4,672.67)44,567.08 02/01/2028 40,000.002.600%5,895.0045,895.0045,895.0048,189.75 (4,466.53)43,723.22 02/01/2029 40,000.002.700%4,855.0044,855.0044,855.0047,097.75 (4,260.38)42,837.37 02/01/2030 40,000.002.800%3,775.0043,775.0043,775.0045,963.75 (4,054.23)41,909.52 02/01/2031 45,000.002.900%2,655.0047,655.0047,655.0050,037.75 (3,848.08)46,189.67 02/01/2032 45,000.003.000%1,350.0046,350.0046,350.0048,667.50 (3,641.93)45,025.57 Total -$550,000.00 -$175,026.88 $725,026.88 $725,026.88 $761,278.22 (104,437.12)$656,841.10 Ser 2012 Improvements Inc | Marie Avenue Improvements | 7/25/2012 | 7:52 AM Page 5 pg 57 Mendota Heights, Minnesota $1,290,000 - Purpose 2 Lemay Lake Neighborhood Improvements Debt Service Schedule Date PrincipalCouponInterest Total P+IFiscal Total 09/01/2012 ----- 08/01/2013 --26,438.96 26,438.96 - 02/01/2014 30,000.00 0.650%14,421.25 44,421.25 70,860.21 08/01/2014 --14,323.75 14,323.75 - 02/01/2015 40,000.00 0.750%14,323.75 54,323.75 68,647.50 08/01/2015 --14,173.75 14,173.75 - 02/01/2016 40,000.00 0.900%14,173.75 54,173.75 68,347.50 08/01/2016 --13,993.75 13,993.75 - 02/01/2017 40,000.00 1.150%13,993.75 53,993.75 67,987.50 08/01/2017 --13,763.75 13,763.75 - 02/01/2018 40,000.00 1.350%13,763.75 53,763.75 67,527.50 08/01/2018 --13,493.75 13,493.75 - 02/01/2019 40,000.00 1.600%13,493.75 53,493.75 66,987.50 08/01/2019 --13,173.75 13,173.75 - 02/01/2020 40,000.00 1.800%13,173.75 53,173.75 66,347.50 08/01/2020 --12,813.75 12,813.75 - 02/01/2021 40,000.00 1.950%12,813.75 52,813.75 65,627.50 08/01/2021 --12,423.75 12,423.75 - 02/01/2022 85,000.00 2.050%12,423.75 97,423.75 109,847.50 08/01/2022 --11,552.50 11,552.50 - 02/01/2023 85,000.00 2.150%11,552.50 96,552.50 108,105.00 08/01/2023 --10,638.75 10,638.75 - 02/01/2024 85,000.00 2.250%10,638.75 95,638.75 106,277.50 08/01/2024 --9,682.50 9,682.50 - 02/01/2025 85,000.00 2.350%9,682.50 94,682.50 104,365.00 08/01/2025 --8,683.75 8,683.75 - 02/01/2026 85,000.00 2.450%8,683.75 93,683.75 102,367.50 08/01/2026 --7,642.50 7,642.50 - 02/01/2027 90,000.00 2.500%7,642.50 97,642.50 105,285.00 08/01/2027 --6,517.50 6,517.50 - 02/01/2028 90,000.00 2.600%6,517.50 96,517.50 103,035.00 08/01/2028 --5,347.50 5,347.50 - 02/01/2029 90,000.00 2.700%5,347.50 95,347.50 100,695.00 08/01/2029 --4,132.50 4,132.50 - 02/01/2030 95,000.00 2.800%4,132.50 99,132.50 103,265.00 08/01/2030 --2,802.50 2,802.50 - 02/01/2031 95,000.00 2.900%2,802.50 97,802.50 100,605.00 08/01/2031 --1,425.00 1,425.00 - 02/01/2032 95,000.00 3.000%1,425.00 96,425.00 97,850.00 Total $1,290,000.00 -$394,030.21 $1,684,030.21 - Yield Statistics Bond Year Dollars $15,822.50 Average Life 12.266 Years Average Coupon 2.4903158% Net Interest Cost (NIC)2.5718452% True Interest Cost (TIC)2.5649748% Bond Yield for Arbitrage Purposes 2.4429532% All Inclusive Cost (AIC)2.6992592% IRS Form 8038 Net Interest Cost 2.4903158% Weighted Average Maturity 12.266 Years Ser 2012 Improvements Inc | Lemay Lake Neighborhood I | 7/25/2012 | 7:52 AM Page 6 pg 58 Mendota Heights, Minnesota $1,290,000 - Purpose 2 Lemay Lake Neighborhood Improvements Levy Schedule DateCUSIPPrincipalCouponInterestTotal P+INet D/SNet DS * 1.05%Special Asmnt Levy Amount 02/01/2013 -------- 02/01/2014 30,000.000.650%40,860.21 70,860.21 70,860.21 74,403.22 (26,683.73)47,719.49 02/01/2015 40,000.000.750%28,647.50 68,647.50 68,647.50 72,079.88 (25,974.02)46,105.86 02/01/2016 40,000.000.900%28,347.50 68,347.50 68,347.50 71,764.88 (25,224.77)46,540.11 02/01/2017 40,000.001.150%27,987.50 67,987.50 67,987.50 71,386.88 (24,475.52)46,911.36 02/01/2018 40,000.001.350%27,527.50 67,527.50 67,527.50 70,903.88 (23,726.27)47,177.61 02/01/2019 40,000.001.600%26,987.50 66,987.50 66,987.50 70,336.88 (22,977.02)47,359.86 02/01/2020 40,000.001.800%26,347.50 66,347.50 66,347.50 69,664.88 (22,227.77)47,437.11 02/01/2021 40,000.001.950%25,627.50 65,627.50 65,627.50 68,908.88 (21,478.51)47,430.37 02/01/2022 85,000.002.050%24,847.50109,847.50109,847.50115,339.88 (20,729.26)94,610.62 02/01/2023 85,000.002.150%23,105.00108,105.00108,105.00113,510.25 (19,980.01)93,530.24 02/01/2024 85,000.002.250%21,277.50106,277.50106,277.50111,591.38 (19,230.76)92,360.62 02/01/2025 85,000.002.350%19,365.00104,365.00104,365.00109,583.25 (18,481.51)91,101.74 02/01/2026 85,000.002.450%17,367.50102,367.50102,367.50107,485.88 (17,732.26)89,753.62 02/01/2027 90,000.002.500%15,285.00105,285.00105,285.00110,549.25 (16,983.01)93,566.24 02/01/2028 90,000.002.600%13,035.00103,035.00103,035.00108,186.75 (16,233.76)91,952.99 02/01/2029 90,000.002.700%10,695.00100,695.00100,695.00105,729.75 (15,484.50)90,245.25 02/01/2030 95,000.002.800%8,265.00103,265.00103,265.00108,428.25 (14,735.25)93,693.00 02/01/2031 95,000.002.900%5,605.00100,605.00100,605.00105,635.25 (13,986.00)91,649.25 02/01/2032 95,000.003.000%2,850.00 97,850.00 97,850.00102,742.50 (13,236.75)89,505.75 Total -$1,290,000.00 -$394,030.21 $1,684,030.21 $1,684,030.21 $1,768,231.72 (379,580.68)$1,388,651.04 Ser 2012 Improvements Inc | Lemay Lake Neighborhood I | 7/25/2012 | 7:52 AM Page 7 pg 59 Mendota Heights, Minnesota $800,000 - Purpose 3 Diane / Mendota Hgts Road Improvements Debt Service Schedule Date PrincipalCouponInterest Total P+I Fiscal Total 09/01/2012 ----- 08/01/2013 --14,914.17 14,914.17 - 02/01/2014 35,000.00 0.650%8,135.00 43,135.00 58,049.17 08/01/2014 --8,021.25 8,021.25 - 02/01/2015 40,000.00 0.750%8,021.25 48,021.25 56,042.50 08/01/2015 --7,871.25 7,871.25 - 02/01/2016 40,000.00 0.900%7,871.25 47,871.25 55,742.50 08/01/2016 --7,691.25 7,691.25 - 02/01/2017 40,000.00 1.150%7,691.25 47,691.25 55,382.50 08/01/2017 --7,461.25 7,461.25 - 02/01/2018 40,000.00 1.350%7,461.25 47,461.25 54,922.50 08/01/2018 --7,191.25 7,191.25 - 02/01/2019 35,000.00 1.600%7,191.25 42,191.25 49,382.50 08/01/2019 --6,911.25 6,911.25 - 02/01/2020 35,000.00 1.800%6,911.25 41,911.25 48,822.50 08/01/2020 --6,596.25 6,596.25 - 02/01/2021 35,000.00 1.950%6,596.25 41,596.25 48,192.50 08/01/2021 --6,255.00 6,255.00 - 02/01/2022 60,000.00 2.050%6,255.00 66,255.00 72,510.00 08/01/2022 --5,640.00 5,640.00 - 02/01/2023 60,000.00 2.150%5,640.00 65,640.00 71,280.00 08/01/2023 --4,995.00 4,995.00 - 02/01/2024 40,000.00 2.250%4,995.00 44,995.00 49,990.00 08/01/2024 --4,545.00 4,545.00 - 02/01/2025 40,000.00 2.350%4,545.00 44,545.00 49,090.00 08/01/2025 --4,075.00 4,075.00 - 02/01/2026 40,000.00 2.450%4,075.00 44,075.00 48,150.00 08/01/2026 --3,585.00 3,585.00 - 02/01/2027 40,000.00 2.500%3,585.00 43,585.00 47,170.00 08/01/2027 --3,085.00 3,085.00 - 02/01/2028 40,000.00 2.600%3,085.00 43,085.00 46,170.00 08/01/2028 --2,565.00 2,565.00 - 02/01/2029 45,000.00 2.700%2,565.00 47,565.00 50,130.00 08/01/2029 --1,957.50 1,957.50 - 02/01/2030 45,000.00 2.800%1,957.50 46,957.50 48,915.00 08/01/2030 --1,327.50 1,327.50 - 02/01/2031 45,000.00 2.900%1,327.50 46,327.50 47,655.00 08/01/2031 --675.00 675.00 - 02/01/2032 45,000.00 3.000%675.00 45,675.00 46,350.00 Total $800,000.00 -$203,946.67 $1,003,946.67 - Yield Statistics Bond Year Dollars $8,553.33 Average Life 10.692 Years Average Coupon 2.3844116% Net Interest Cost (NIC)2.4779424% True Interest Cost (TIC)2.4652575% Bond Yield for Arbitrage Purposes 2.4429532% All Inclusive Cost (AIC)2.6163136% IRS Form 8038 Net Interest Cost 2.3844116% Weighted Average Maturity 10.692 Years Ser 2012 Improvements Inc | Diane / Mendota Hgts Road | 7/25/2012 | 7:52 AM Page 8 pg 60 Mendota Heights, Minnesota $800,000 - Purpose 3 Diane / Mendota Hgts Road Improvements Levy Schedule DateCUSIPPrincipalCouponInterestTotal P+INet D/SNet DS * 1.05%Special Asmnt Levy Amount 02/01/2013 -------- 02/01/2014 35,000.000.650%23,049.17 58,049.17 58,049.17 60,951.63 (36,122.09)24,829.54 02/01/201540,000.000.750%16,042.5056,042.5056,042.5058,844.63 (34,803.77)24,040.86 02/01/201640,000.000.900%15,742.5055,742.5055,742.5058,529.63 (33,447.77)25,081.86 02/01/201740,000.001.150%15,382.5055,382.5055,382.5058,151.63 (32,091.78)26,059.85 02/01/201840,000.001.350%14,922.5054,922.5054,922.5057,668.63 (30,735.78)26,932.85 02/01/201935,000.001.600%14,382.5049,382.5049,382.5051,851.63 (29,379.79)22,471.84 02/01/202035,000.001.800%13,822.5048,822.5048,822.5051,263.63 (28,023.80)23,239.83 02/01/202135,000.001.950%13,192.5048,192.5048,192.5050,602.13 (26,667.81)23,934.32 02/01/202260,000.002.050%12,510.0072,510.0072,510.0076,135.50 (25,311.82)50,823.68 02/01/202360,000.002.150%11,280.0071,280.0071,280.0074,844.00 (23,955.83)50,888.17 02/01/202440,000.002.250%9,990.0049,990.0049,990.0052,489.50-52,489.50 02/01/202540,000.002.350%9,090.0049,090.0049,090.0051,544.50-51,544.50 02/01/202640,000.002.450%8,150.0048,150.0048,150.0050,557.50-50,557.50 02/01/202740,000.002.500%7,170.0047,170.0047,170.0049,528.50-49,528.50 02/01/202840,000.002.600%6,170.0046,170.0046,170.0048,478.50-48,478.50 02/01/202945,000.002.700%5,130.0050,130.0050,130.0052,636.50-52,636.50 02/01/203045,000.002.800%3,915.0048,915.0048,915.0051,360.75-51,360.75 02/01/203145,000.002.900%2,655.0047,655.0047,655.0050,037.75-50,037.75 02/01/203245,000.003.000%1,350.0046,350.0046,350.0048,667.50-48,667.50 Total -$800,000.00 -$203,946.67 $1,003,946.67 $1,003,946.67 $1,054,144.00 (300,540.24)$753,603.76 Ser 2012 Improvements Inc | Diane / Mendota Hgts Road | 7/25/2012 | 7:52 AM Page 9 pg 61 DATE: August 7, 2012 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, PE, Assistant City Engineer Michael Albers, PE, Civil Engineer SUBJECT: Accepting of Feasibility Report for Crown Point & Overlook Neighborhood Rehabilitation BACKGROUND The purpose of this memo is to request that the Council approve the feasibility report and schedule a public hearing for the Crown Point & Overlook Neighborhood Rehabilitation. Staff identified the Crown Point Drive Neighborhood Rehabilitation as a 2013 street rehabilitation project in the 2012-2016 Street Improvement Plan (SIP). The Overlook Road Neighborhood Rehabilitation was also identified as a 2013 street rehabilitation project in the 2012-2016 SIP. Staff anticipates that the proposed improvements for these two neighborhoods will be similar in nature and that combining the two neighborhoods into one project would reduce staff time and could produce lower unit prices during construction due to the project size. The combined project will be called the Crown Point & Overlook Neighborhood Rehabilitation. The preparation of a feasibility report for the Crown Point & Overlook Neighborhood Rehabilitation was authorized by the Mendota Heights City Council by adopting Resolution 2012-32 at the City Council meeting held on May 1, 2012. This project includes rehabilitating, Crown Circle, Crown Court, Crown Point Drive, Lilac Road between Marie Avenue and Douglas Road, Overlook Lane, Overlook Road, and Summit Lane between Marie Avenue and Overlook Road. The proposed project also includes street preventative maintenance including crack sealing and seal coating on Highway 110 Frontage Road/Carmen Lane. A copy of the feasibility report is attached to this memo. Street Rehabilitation – Crown Point Drive, Crown Circle, and Crown Court Crown Point Drive, Crown Circle, and Crown Court were constructed in 1978. Concrete curb and gutters were installed on these streets and the roadway widths currently measure 33 feet from face of curb to face of curb. All streets have a pavement cross-section consisting of a 2” bituminous surface over a 6” aggregate base. Storm sewer, sanitary sewer, and water main were also constructed on these streets in 1978. pg 62 Proposed improvements for Crown Point Drive, Crown Circle, and Crown Court Road will include the reclamation of the existing bituminous roadway and the placing of a 2.5” bituminous base course and a 1.5” bituminous wear course over the reclaimed pavement material, curb and gutter repair, and catch basin repair. Street Rehabilitation – Overlook Road, Overlook Lane, Lilac Road, and Summit Lane Overlook Road, Overlook Lane, Lilac Road, and Summit Lane were constructed in1969. Overlook Lane, Lilac Road, and Summit Lane were eventually extended south to connect to Marie Avenue in 1976. Concrete curb and gutter was installed on these streets under and the roadway widths currently measure 33 feet from face of curb to face of curb. All streets have a pavement cross-section consisting of approximately 3” bituminous surface over a 6” aggregate base. Storm sewer, sanitary sewer, and water main were also constructed on these streets in 1969 and 1976. Proposed improvements for Overlook Road, Overlook Lane, Lilac Road, and Summit Lane (north of Marie Avenue) will include the reclamation of the existing bituminous roadway and the placing of a 2.5” bituminous base course and a 1.5” bituminous wear course over the reclaimed pavement material, curb and gutter repair, and catch basin repair. Preventative Maintenance - Highway 110 Frontage Road/Carmen Lane The Highway 110 Frontage Road was constructed in 1965 by MnDOT during the I35E construction. The roadway width is approximately 20 feet measured from edge of road to edge of road. A bituminous curb was installed on the south side of the street. The pavement section consists of a 1.5” bituminous surface over an 8” aggregate base. In 1994, MnDOT placed a 2” bituminous overlay on this street. Also in 1994, a cul-de-sac named Carmen Lane was added to the end of the Highway 110 frontage Road. In 2010, MnDOT turned back this street to the City of Mendota Heights from Highway 110 to the cul-de-sac. Proposed improvements for Highway 110 Frontage Road/Carmen Lane will include crack sealing and seal coating. BUDGET IMPACT The attached report indicates the estimated costs for the project, along with preliminary assessment estimates. At the end of the feasibility report, a project financing summary is included to show project cost splits and funding sources. The total estimated cost of the project is $913,453.50. Street improvement projects are proposed to be assessed to the benefiting property owners. Pursuant to the City’s Street Rehabilitation and Reconstruction Policy, the benefiting properties should be assessed 50% of the street rehabilitation costs. The following tables show the estimated unit assessments based on the City policy and proposed unit assessments that are being recommended by staff. ASSESSMENT CALCULATIONS - STREET REHABILITATION - CROWN POINT NEIGHBORHOOD Assessable Costs $336,801.30 Assessment $168,400.65 50% Assessable Units 34 Estimated Unit Assessment per City Policy $4,952.96 $168,400.64 50% Proposed Unit Assessment $3,650.00 $124,100.00 37% pg 63 ASSESSMENT CALCULATIONS - STREET REHABILITATION - OVERLOOK NEIGHBORHOOD Assessable Costs $427,602.30 Assessment $213,801.15 50% Assessable Units 48 Estimated Unit Assessment per City Policy $4,454.19 $213,801.12 50% Proposed Unit Assessment $3,650.00 $175,200.00 41% The estimated unit assessments for the street rehabilitation are higher than the rates that staff anticipates for future rehabilitation projects with pavement reclamation due to the anticipated sub-grade correction. Staff proposes to assess the benefiting properties $3,650/unit in order to bring the rate closer to anticipated rehabilitation projects costs. All units with a driveway located on one of the proposed streets that are to be seal coated will not be assessed due to seal coating being preventative maintenance which the City finances 100% of the project costs. Project Financing The Crown Point & Overlook Neighborhood Rehabilitation is proposed to be financed by special assessments and municipal bonds. Funding sources and amounts are shown below: FUNDING SOURCES ITEM COST ESTIMATE ASSESSMENT MUNICIPAL BONDS Street Rehabilitation- Crown Point Neighborhood $336,801.30 $124,100.00 $212,701.30 Street Rehabilitation- Overlook Neighborhood $427,602.30 $175,200.00 $252,402.30 Curb Replacement & Trails $142,861.50 $142,861.50 Preventative Maintenance $6,188.40 $6,188.40 Totals $913,453.50 $299,300.00 $614,153.50 RECOMMENDATION Staff recommends that council accept the feasibility report and schedule the public hearing for September 18, 2012. A neighborhood informational meeting is scheduled for August 27, 2012. If city council wishes to implement the staff recommendation, pass a motion adopting A RESOLUTION ACCEPTING FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING ON THE CROWN POINT & OVERLOOK NEIGHBORHOOD REHABILITATION (PROJECT #201207). This action requires a simple majority vote. pg 64 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2012- A RESOLUTION ACCEPTING FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING ON THE CROWN POINT & OVERLOOK NEIGHBORHOOD REHABILITATION (PROJECT #201207) WHEREAS, pursuant to Resolution 2012-32, the City Council, on May 1, 2012, ordered a feasibility report to be prepared by the City Engineer with reference to the improvement of Crown Circle, Crown Court, Crown Point Drive, Highway 110 Frontage Road/Carmen Lane, Lilac Road between Marie Avenue and Douglas Road, Overlook Lane, Overlook Road, and Summit Lane between Marie Avenue and Overlook Road; and WHEREAS, the City Engineer has submitted a report to the City Council with respect to the Crown Circle, Crown Court, Crown Point Drive, Highway 110 Frontage Road/Carmen Lane, Lilac Road, Overlook Lane, Overlook Road, and Summit Lane improvements which include: removing the existing bituminous surface, placing a new bituminous surface, concrete curb and gutter repair, catch basin repair, and appurtenant work; and WHEREAS, in said report the City Engineer reported that the proposed improvements and construction thereof are desirable and necessary, technically and economically feasible, cost effective, and further reported on the estimated cost of the proposed improvements; and NOW THEREFORE IT IS HEREBY RESOLVED, by the Mendota Heights City Council as follows: 1. The City Council hereby accepts the Feasibility Report as submitted. 2. The Council will consider the improvement of such streets and areas in accordance with the report and the assessment of property as described in the report for all or a portion of the cost of the improvements pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvements of $913,453.50. 3. A Public Hearing shall be held on such proposed improvements on the 18th day of September, 2012 at City Hall, 1101 Victoria Curve, City of Mendota Heights, Minnesota at 7:00 p.m. Statutory notice and publication requirements shall be followed. Adopted by the City Council of the City of Mendota Heights this seventh day of August, 2012. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST _________________________ Lorri Smith, City Clerk pg 65 FEASIBILITY REPORT FOR CROWN POINT & OVERLOOK NEIGHBORHOOD REHABILITAION WHICH INCLUDES IMPROVEMENTS TO: CROWN POINT DRIVE, CROWN CIRCLE, CROWN COURT, LILAC ROAD, OVERLOOK LANE, OVERLOOK~ ROAD, AND SUMMIT LANE City of Mendota Heights CITY PROJECT #201207 AUGUST 2012 I hereby celiify that this Feasibility Report was prepared by me or under my direct supervision and that I am a duly licensed Professional Engineer under the laws of the State of Milmesota. ~~L '6fz/IL Ryan E. Ruzer, P.E. Date License Number: 44990 Michael J. Albers, P.E. License Number: 47074 1{ /)./f d- Date pg 66 Feasibility Report Page 2 Project No. 201207 Table of Contents TABLE OF CONTENTS ............................................................................................................. 2   INTRODUCTION......................................................................................................................... 3  AUTHORIZATION .......................................................................................................................... 3  SCOPE .......................................................................................................................................... 3  LOCATION .................................................................................................................................... 3  EXISTING CONDITIONS .......................................................................................................... 4  STREETS ....................................................................................................................................... 4  Crown Point Drive, Crown Circle, and Crown Court ............................................................ 4  Overlook Road, Overlook Lane, Lilac Road, and Summit Lane (north of Marie Avenue) ..... 4  Highway 110 Frontage Road/Carmen Lane ........................................................................... 5  PARK IMPROVEMENTS .................................................................................................................. 5  SANITARY SEWER ........................................................................................................................ 5  WATER MAIN .............................................................................................................................. 5   STORM SEWER ............................................................................................................................. 5  PRIVATE UTILITIES ...................................................................................................................... 5  PROPOSED IMPROVEMENTS ................................................................................................ 6  ROADWAY REHABILITATION........................................................................................................ 6  Crown Point Drive, Crown Circle, and Crown Court ............................................................ 6  Overlook Road, Overlook Lane, Lilac Road, and Summit Lane (north of Marie Avenue) ..... 6  PREVENTATIVE MAINTENANCE .................................................................................................... 6  Highway 110 Frontage Road/Carmen Lane ........................................................................... 6  SANITARY SEWER ........................................................................................................................ 7  WATER MAIN .............................................................................................................................. 7   STORM SEWER ............................................................................................................................. 7  PRIVATE UTILITIES ...................................................................................................................... 7  FUNDING ...................................................................................................................................... 7  FEASIBILITY ................................................................................................................................. 7  FUNDING SOURCES AND SPECIAL ASSESSMENTS ........................................................ 8  ESTIMATED PROJECT COSTS ........................................................................................................ 8  PROPOSED ESTIMATED ASSESSMENTS ......................................................................................... 9  PROPOSED PROJECT SCHEDULE ...................................................................................... 10  CONCLUSION ........................................................................................................................... 10  APPENDIX A: CROWN POINT AND OVERLOOK NEIGHBORHOOD REHABILITATION PROJECT AREA  APPENDIX B: REHABILITATION TYPICAL SECTION  APPENDIX C: ENGINEER’S OPINION OF ESTIMATED COSTS  APPENDIX D: PRELIMINARY ASSESSMENT ROLL  pg 67 Feasibility Report Page 3 Project No. 201207 INTRODUCTION Authorization The preparation of this report was authorized by the Mendota Heights City Council by adopting Resolution 2012-32 at the City Council meeting held on May 1, 2012. This street rehabilitation project has been designated as City Project No. 201207. The improvements to Overlook Road, Overlook Lane, Lilac Road, and Summit Lane (north of Marie Avenue) are located in the southwest quarter of Section 23, Township 28, Range 23. The improvements to Crown Point Drive, Crown Court, Crown Circle, are located in the northeast quarter of Section 26, Township 28, Range 23. Scope This report addresses the feasibility of rehabilitating Crown Point Drive, Crown Circle, Crown Court, Lilac Road, Overlook Lane, Overlook Road, and Summit Lane (north of Marie Avenue). Opinions of estimated costs for the associated improvements are noted herein and project funding strategies have been developed within this report. Location The proposed street rehabilitation area is shown in Appendix A. pg 68 Feasibility Report Page 4 Project No. 201207 EXISTING CONDITIONS Streets Crown Point Drive, Crown Circle, and Crown Court Crown Point Drive, Crown Circle, and Crown Court were constructed in 1978 under Project Number 7728 as part of the Crown Point Improvement. Concrete curb and gutters were installed on these streets and the roadway widths currently measure 33 feet from face of curb to face of curb. All streets have a pavement cross-section consisting of a 2” bituminous surface over a 6” aggregate base. Storm sewer, sanitary sewer, and water main were also constructed on these streets as part of Project Number 7728. These streets currently have a failing bituminous surface and are in relatively poor condition. All of these streets appear to be near the end of their useful life and the cost to maintain and repair the roadways is steadily increasing. These streets no longer meet the City’s minimum design standards and it is no longer cost effective to continue to repair these streets. Based on the extent of fatigue cracking, a rehabilitation of Crown Point Drive, Crown Circle, and Crown Court is recommended by the pavement management system. Street rehabilitation will consist of reclaiming the existing bituminous roadway and the placing of a new bituminous surface over the reclaimed pavement material. Pavement cores will be obtained for these streets to verify the existing street cross-section and that the material will be suitable for pavement reclamation. Overlaying or seal coating the existing pavement is no longer a feasible alternative. Overlook Road, Overlook Lane, Lilac Road, and Summit Lane (north of Marie Avenue) Overlook Road, Overlook Lane, Lilac Road, and Summit Lane were constructed in 1969 under Project Number 6735 as part of the Highland Heights South Addition. Overlook Lane, Lilac Road, and Summit Lane were eventually extended south to connect to Marie Avenue in 1976 under Project Number 7410. Concrete curb and gutter was installed on these streets under and the roadway widths currently measure 33 feet from face of curb to face of curb. All streets have a pavement cross-section consisting of approximately 3” bituminous surface over a 6” aggregate base. The sub-grade was corrected, as needed, with class 4 material. Storm sewer, sanitary sewer, and water main were also constructed on these streets in 1969 and 1976. These streets currently have a failing bituminous surface and are in relatively poor condition. All of these streets appear to be near the end of their useful life and the cost to maintain and repair the roadways is steadily increasing. These streets no longer meet the City’s minimum design standards and it is no longer cost effective to continue to repair these streets. Based on the extent of fatigue cracking, a rehabilitation of Overlook Road, Overlook Lane, Lilac Road, and Summit Lane (north of Marie Avenue) is recommended by the pavement management system. Street rehabilitation will consist of reclaiming the existing bituminous roadway and the placing of a new bituminous surface over the reclaimed pavement material. Pavement cores will be obtained for these streets to verify the existing street cross-section and that the material will pg 69 Feasibility Report Page 5 Project No. 201207 be suitable for pavement reclamation. Overlaying or seal coating the existing pavement is no longer a feasible alternative. Highway 110 Frontage Road/Carmen Lane The Highway 110 Frontage Road was constructed in 1965 by MnDOT during the I35E construction. The roadway width is approximately 20 feet measured from edge of road to edge of road. A bituminous curb was installed on the south side of the street. The pavement section consists of a 1.5” bituminous surface over an 8” aggregate base. In 1994, MnDOT placed a 2” bituminous overlay on this street. Also in 1994, a cul-de-sac named Carmen Lane was added to the end of the Highway 110 frontage Road when Tuminelly’s Carmen Court was platted. In 2010, MnDOT turned back this street to the City of Mendota Heights from Highway 110 to the cul-de-sac. Based on the maintenance history of the street, staff recommends crack sealing and seal coating this street. Park Improvements Proposed improvements to the Marie Park include placing a 2” overlay over the existing parking lot and trail. Sanitary Sewer The sanitary sewer located within the limits of the project site was cleaned and televised as part of a Mendota Heights City project in 2008 on Overlook Road, Overlook Lane, Lilac Road, and Summit Lane (north of Marie Avenue) and in 2007 on Crown Point Drive, Crown Court, and Crown Circle. Vitrified clay sewer pipes (VCSP) are located on Crown Point Drive, Crown Court, Crown Circle, Overlook Road, Overlook Lane, Lilac Road, and Summit Lane (north of Marie Avenue). Overall, the pipes throughout the proposed project site are in good condition with very few instances of leaking located near the manholes. This project does not include replacing any of the existing sanitary sewer lines. Water Main The existing water main in the Crown Point Neighborhood is 6” ductile iron pipe and is currently in good condition with no need for replacement. The existing water main in the Overlook Neighborhood is 6” cast iron pipe and 6” ductile iron pipe. The water main pipes are currently in good condition with no need for replacement. Storm Sewer All streets have existing storm sewer. The storm sewer pipe is currently in good condition with no need for replacement. Private Utilities Providers of privately owned gas, electric, communications and cable television utilities are present in the neighborhood. pg 70 Feasibility Report Page 6 Project No. 201207 PROPOSED IMPROVEMENTS Roadway Rehabilitation The rehabilitation of Crown Point Drive, Crown Circle, Crown Court, Lilac Road, Overlook Lane, Overlook Road, and Summit Lane (north of Marie Avenue) requires a 7-ton street design per the City’s Street Rehabilitation and Reconstruction Policy. Any damaged concrete curb and gutter along these streets will also be replaced as part of the roadway restoration. Driveways that may be disturbed due to the street rehabilitation will be replaced in kind. Disturbed boulevard areas will be restored with topsoil and sod. The existing right-of-way is 60 feet wide throughout the entire project. No additional right-of- way or easements are anticipated with this project. Crown Point Drive, Crown Circle, and Crown Court Proposed improvements for Crown Point Drive, Crown Circle, and Crown Court Road will include the reclamation of the existing bituminous roadway and the placing of a 2.5” bituminous base course and a 1.5” bituminous wear course over the reclaimed pavement material. By using the reclaimed pavement material as a base there is a cost savings versus importing a new aggregate base material. This method should rehabilitate the streets to like new condition and extend the life of the pavement an additional 20-30 years with continued preventative maintenance. See Appendix B for the rehabilitation typical section. Overlook Road, Overlook Lane, Lilac Road, and Summit Lane (north of Marie Avenue) Proposed improvements for Overlook Road, Overlook Lane, Lilac Road, and Summit Lane (north of Marie Avenue) will include the reclamation of the existing bituminous roadway and the placing of a 2.5” bituminous base course and a 1.5” bituminous wear course over the reclaimed pavement material. By using the reclaimed pavement material as a base there is a cost savings versus importing a new aggregate base material. This method should rehabilitate the streets to like new condition and extend the life of the pavement an additional 20-30 years with continued preventative maintenance. See Appendix B for the rehabilitation typical section. Preventative Maintenance Highway 110 Frontage Road/Carmen Lane The Highway 110 Frontage Road/Carmen Lane was constructed in 1966 and received a 2” bituminous overlay in 1994 by MnDOT. Based on this streets maintenance history, staff recommends crack sealing and seal coating this street. There are two main reasons for seal coating streets: 1. The first main reason for seal coating is to seal the bituminous surface against the elements. The older a bituminous surface gets the more porous it becomes. This is due to the wearing away of the surface due to air, sunlight, rain and traffic. The rougher the surface becomes due to these factors, the more vulnerable it is and the more rapidly it deteriorates. Water trapped in the surface and freezing at night and thawing during the pg 71 Feasibility Report Page 7 Project No. 201207 day over a few days begin the formation of potholes. One method of avoiding this result is to routinely seal coat the streets to keep the water out. 2. The second reason to seal coat streets is to coat the bituminous surface with a wear resistant material such as a hard material like granite. This not only minimizes damage done by normal traffic wear, but it also protects our streets from damage that might be done by scraping them several times a year with snowplows. Consequently seal coating does not add strength to the street; therefore, it is not used on older streets that need other type of repair such as overlaying or total reconstruction. Sanitary Sewer As mentioned before, the existing sanitary sewer is in satisfactory condition. This project does not include replacing any of the existing sanitary sewer lines. Water Main As mentioned before, the existing water main is in satisfactory condition. This project does not include replacing any of the existing water main lines. Storm Sewer As mentioned before, the existing storm sewer is in satisfactory condition. This project does not include replacing any of the existing storm sewer lines. Private Utilities No utility companies have indicated they will be making improvements to their distribution networks in conjunction with our proposed improvements. Funding Per the City’s Street Rehabilitation and Reconstruction Policy, it is proposed that the benefiting property owners will be assessed for street construction. Municipal bonds will be used to finance the City’s portion of the street reconstruction. Feasibility From an engineering standpoint, this project is necessary, cost-effective, feasible, and can be accomplished as proposed. pg 72 Feasibility Report Page 8 Project No. 201207 FUNDING SOURCES AND SPECIAL ASSESSMENTS The area proposed to be assessed is every lot, piece, and parcel within the city limits benefiting from said improvement, whether abutting or not, within the following described areas: Crown Point Drive, Crown Circle, Crown Court, Lilac Road, Overlook Lane, Overlook Road, and Summit Lane (north of Marie Avenue). Specific property descriptions included in the above-described area, but not inclusive, are as follows: Buril and Holmes, Carroll F. Small First Addition, Crown Point, Highland Heights South, Tilsen’s Highland Heights Plat 3. The roadway improvement costs can be assessed on a unit basis to the benefiting properties as per the Street Rehabilitation and Reconstruction Policy adopted by the City council on June 16, 1992. All units with a driveway located on one of the proposed streets that are to be rehabilitated will be assessed. The following sections discuss the assessment distribution for the streets based on the City’s policy. Estimated Project Costs The following costs were prepared based upon an Engineer’s Opinion of Estimated Costs (Appendix C) and are subject to change, depending on the final design of the project, soil conditions, bids received, and actual work performed. PROJECT COSTS ITEM CONSTRUCTION INDIRECT* TOTAL Street Rehabilitation – Crown Point $280,667.75 $56,133.55 $336,801.30 Street Rehabilitation – Overlook Road $356,335.25 $71,267.05 $427,602.30 Curb Replacement & Trails $119,051.25 $23,810.25 $142,861.50 Preventative Maintenance $5,157.00 $1,031.40 $6,188.40 Totals $761,211.25 $152,242.25 $913,453.50 * Includes 20% indirect costs for legal, engineering, administration, and finance. pg 73 Feasibility Report Page 9 Project No. 201207 Proposed Estimated Assessments The estimated total assessable amount for the project is based on specially assessing 50% of the following costs: mobilization, traffic control, bituminous removal/reclamation, bituminous base course, bituminous wear course, tack coat, valve and manhole adjustments, and appurtenant work. City costs include curb and gutter replacement, sod restoration, Marie Park parking lot overlay, Marie Park bituminous trail overlay and appurtenant work. The estimated unit assessment for this project was determined by calculating the number of assessable lots and dividing them into the total assessable project cost. The preliminary assessment roll listing the assessable parcels is provided in Appendix D. ASSESSMENT CALCULATIONS - STREET REHABILITATION – CROWN POINT Assessable Costs $336,801.30 Assessment $168,400.65 Assessable Units 34 Estimated Unit Assessment per City Policy $4,952.96$168,400.64 50% Proposed Unit Assessment $3,650.00 $124,100.00 37% ASSESSMENT CALCULATIONS - STREET REHABILITATION – OVERLOOK ROAD Assessable Costs $427,602.30 Assessment $213,801.15 Assessable Units 48 Estimated Unit Assessment per City Policy $4,454.19$213,801.12 50% Proposed Unit Assessment $3,650.00 $175,200.00 41% The estimated unit assessments for the street rehabilitation are higher than the rates that staff anticipates for future rehabilitation projects with pavement reclamation due to the anticipated sub-grade correction. Staff proposes to assess the benefiting properties $3,650/unit in order to bring the rate closer to anticipated rehabilitation projects costs. The costs and funding sources for the projects are summarized in the following table: FUNDING SOURCES ITEM COST ESTIMATE ASSESSMENT MUNICIPAL BONDS Street Rehabilitation – Crown Point $336,801.30 $124,100.00 $212,701.30 Street Rehabilitation – Overlook Road $427,602.30 $175,200.00 $252,402.30 Curb Replacement & Trails $142,861.50 $142,861.50 Preventative Maintenance $6,188.40 $6,188.40 Totals $913,453.50 $299,300.00 $614,153.50 With a total estimated project cost of $913,453.50, the assessed amount of $299,300.00 would be equivalent to 32.8% of the total bond issue. Minnesota Statutes Chapter 429 Special Assessment Bond Issue requires that a minimum of 20% of the total bond issue amount be recovered through special assessments. pg 74 Feasibility Report Page 10 Project No. 201207 PROPOSED PROJECT SCHEDULE The following project schedule outlines an approach to complete the assessable project in 2013: ACTIVITY DATE Accept Feasibility Study/Call for Public Hearing August 7, 2012 Hold Neighborhood Informational Meeting August 27, 2012 Conduct Public Hearing/Accept Project/Order Plans and Specifications September 18, 2012 Approve Plans and Specifications/Order Advertisements for Bids January 2013 Open Bids March 2013 Accept Bids/Award Contract April 2013 Begin Construction May/June 2013 Complete Bituminous Pavement August 2013 Authorize Amount to be Assessed/Schedule Assessment Hearing October 2013 Conduct Assessment Hearing/Adopt Assessment Roll October 2013 CONCLUSION The proposed improvements are necessary, cost effective, and feasible from an engineering standpoint and should be made as proposed. The total estimated cost of the recommended improvements is $913,453.50. A portion of this project is proposed to be assessed to the benefiting property owners and the remainder through other funding sources. pg 75 Feasibility Report Project No. 201207 APPENDIX A: Crown Point and Overlook Neighborhood Rehabilitation Project Area pg 76 1780 1956 1952 918 1960 1968 1948 1972 1964 871 919 906 913 879 999 1044 1985 1094 1054 1038 912 1791 1088 1060 1936 1050 872 1004 875 1001 1068 100710211015103310271039 1010 1981 1977 1043 1017 1915 1916 1049 99810801018 1083 1980 1089 1924 1077 1932 1791 1923 1053 1793 1778 1794 10651057 1779 1071 1030 1067 1792 1965 1781 1029 1920 195119411933 1783 1081 19441940 1928 I3 5 E HWY 110 MARIE AVE W WA L S H L N LE X I N G T O N A V E DOUGLAS RD SU M M I T L N OVERLOOK RD AVANTI DR MENDOTA RD RAMP T W I N C I R C L E D R VICTORIA RD S LI L A C R D KAY AVE H I L L T O P R D JAMES RD STRATFORD RD V A L L E Y C U R V E R D E A G L E R I D G E D R DIAN E R D TR A I L R D WA C H T L E R A V E VAIL DR FA R O L N RI D G E P L HWY 110 LOOP HIGHVIEW C I R S MARIE AVE ORCHARD HL ORCHARD PL MEND O T A R D L O O P PRIVATE ROAD OV E R L O O K L N VICTORIA RD RO L L I N G G R E E N C U R W CIRCLE CT AR V I N D R OXFO R D C T VICTORIA CT BWANA CT CROWN CIR CROWN C T WIN D W O O D C T SU M M I T L N HWY 110 VI C T O R I A R D S I35E HWY 110 C R O W N P O I N T D R HIGHVIEW CIR N VICTO R I A C U R KINGSLEY C I R N KINGSLEY CIR S HILLTOP C T VIC K I L N LILAC LN COVE N T R Y C T DAKOTA DR DA K O T A D R DOUG L A S C T I3 5 E DOUGLAS R D TRAIL R D RIDGE PL Crown Point & Overlook Neighborhood Rehabilitation August 2, 2012 City ofMendotaHeights0600 SCALE IN FEET Legend Assessments Crown Point Rehabilitation Assessment Overlook Rehabilitation Assessment Improvement Type Crown Point Street Rehabilitation Overlook Street Rehabilitation Crack Sealing/Seal Coating pg 77 Feasibility Report Project No. 201207 APPENDIX B: Rehabilitation Typical Section pg 78 pg 79 Feasibility Report Project No. 201207 APPENDIX C: Engineer’s Opinion of Estimated Costs pg 80 CI T Y O F M E N D O T A H E I G H T S PR O J E C T : Cr o w n P o i n t a n d O v e r l o o k N e i g h b o r h o o d R e h a b i l i t a t i o n PR O J E C T # : 20 1 2 0 7 DA T E : 8 / 2 / 2 0 1 2 PR O J E C T TO T A L LO C A L J O B 2 0 1 2 0 7 , R O A D W A Y CR O W N P O I N T N E I G H B O R H O O D LO C A L J O B 2 0 1 2 0 7 , R O A D W A Y OV E R L O O K N E I G H B O R H O O D LO C A L J O B 2 0 1 2 0 7 CU R B R E P L A C E M E N T & T R A I L S LO C A L J O B 2 0 1 2 0 7 PR E V E N T A T I V E M A I N T E N A N C E IT E M N O . S P E C . N O . I T E M D E S C R I P T I O N U N I T EN G I N E E R ' S ES T I M A T E D QU A N T I T Y EN G I N E E R ' S ES T I M A T E D U N I T PR I C E EN G I N E E R ' S ES T I M A T E D AM O U N T EN G I N E E R ' S ES T I M A T E D QU A N T I T Y EN G I N E E R ' S ES T I M A T E D AM O U N T EN G I N E E R ' S ES T I M A T E D QU A N T I T Y EN G I N E E R ' S ES T I M A T E D AM O U N T EN G I N E E R ' S ES T I M A T E D QU A N T I T Y EN G I N E E R ' S ES T I M A T E D AM O U N T EN G I N E E R ' S ES T I M A T E D QU A N T I T Y EN G I N E E R ' S ES T I M A T E D AM O U N T SC H E D U L E ' A ' - S T R E E T R E H A B I L I T A T I O N 1 2 0 2 1 . 5 0 1 M O B I L I Z A T I O N L. S . 1 $ 2 5 , 0 0 0 . 0 0 $ 2 5 , 0 0 0 . 0 0 0 . 5 $ 1 2 , 5 0 0 . 0 0 0 . 5 $ 1 2 , 5 0 0 . 0 0 2 2 1 0 4 . 5 0 5 R E M O V E C O NC R E T E S I D E W A L K S. Y . 3 $ 8 . 0 0 $ 2 4 . 0 0 3 $ 2 4 . 0 0 3 2 1 0 4 . 5 0 5 R E M O V E C O NC R E T E D R I V E W A Y P A V E M E N T S. Y . 8 3 $ 7 . 0 0 $ 5 8 1 . 0 0 4 3 $ 3 0 1 . 0 0 4 0 $ 2 8 0 . 0 0 4 2 1 0 4 . 5 0 5 R E M O V E B I T U M I N O U S D R I V E W A Y PA V E M E N T S. Y . 1 6 0 $ 4 . 0 0 $ 6 4 0 . 0 0 5 3 $ 2 1 2 . 0 0 1 0 7 $ 4 2 8 . 0 0 5 2 1 0 4 . 5 1 1 S A W I N G C O NC R E T E D R I V E W A Y L. F . 1 5 0 $ 6 . 0 0 $ 9 0 0 . 0 0 7 8 $ 4 6 8 . 0 0 7 2 $ 4 3 2 . 0 0 6 2 1 0 4 . 5 1 3 S A W I N G B I T U M I N O U S PA V E M E N T ( F U L L D E P T H ) L. F . 4 3 0 $ 3 . 5 0 $ 1 , 5 0 5 . 0 0 7 3 $ 2 5 5 . 5 0 3 5 7 $ 1 , 2 4 9 . 5 0 7 2 1 0 4 . 5 1 3 S A W I N G B I T U M I N O U S D R I V E W A Y L. F . 2 8 8 $ 3 . 0 0 $ 8 6 4 . 0 0 9 6 $ 2 8 8 . 0 0 1 9 2 $ 5 7 6 . 0 0 8 2 1 0 5 . 6 0 7 C O M M O N E X C AV A T I O N ( P ) C. Y . 2 , 2 8 5 $ 2 0 . 0 0 $ 4 5 , 7 0 0 . 0 0 8 8 9 $ 1 7 , 7 8 0 . 0 0 1 , 3 5 9 $ 2 7 , 1 8 0 . 0 0 3 7 $ 7 4 0 . 0 0 9 2 1 0 5 . 5 0 7 S U B G R A D E / A G G R E G A T E BA S E C O R R E C T I O N E X C A V A T I O N O U T S I D E T H E AR E A O F I N F L U E N C E O F C O N T R A C T O R I N S T A L L E D U T I L I T Y T R E N C H E S ( S E E SP E C I A L C O N D I T I O N S - S E C T I O N 2 ) C. Y . 2 , 1 5 0 $ 3 0 . 0 0 $ 6 4 , 5 0 0 . 0 0 1 , 3 3 4 $ 4 0 , 0 2 0 . 0 0 8 1 6 $ 2 4 , 4 8 0 . 0 0 10 2 1 1 2 . 6 0 4 BA S E P R E P A R A T I O N ( S E E S P E C I A L C O N D I T I O N S - S E C T I O N 2 ) S. Y . 2 0 , 2 3 6 $ 0 . 7 5 $ 1 5 , 1 7 7 . 0 0 8 , 0 0 3 $ 6 , 0 0 2 . 2 5 1 2 , 2 3 3 $ 9 , 1 7 4 . 7 5 11 2 1 1 2 . 6 0 4 T R A I L S U B G R A D E P R EP A R A T I O N S. Y . 4 0 $ 1 . 5 0 $ 6 0 . 0 0 40 $ 6 0 . 0 0 12 2 1 2 3 . 5 0 1 C O M M O N L A B O R HR 1 0 $ 6 0 . 0 0 $ 6 0 0 . 0 0 5 $ 3 0 0 . 0 0 5 $ 3 0 0 . 0 0 13 2 1 2 3 . 5 0 9 D O Z E R W I T H O P E R A T O R HR 1 0 $ 1 2 5 . 0 0 $ 1 , 2 5 0 . 0 0 5 $ 6 2 5 . 0 0 5 $ 6 2 5 . 0 0 14 2 1 2 3 . 5 1 4 2 C U Y D F R O N T E N D L O A D E R W I T H O P E R A T O R HR 1 0 $ 1 2 5 . 0 0 $ 1 , 2 5 0 . 0 0 5 $ 6 2 5 . 0 0 5 $ 6 2 5 . 0 0 15 2 1 2 3 . 6 1 0 S K I D S T E E R ( B O B C A T ) W I T H O P E R A T O R HR 1 0 $ 9 0 . 0 0 $ 9 0 0 . 0 0 5 $ 4 5 0 . 0 0 5 $ 4 5 0 . 0 0 16 2 1 2 3 . 6 1 0 B A C K H O E W I T H O P E R A T O R HR 1 0 $ 1 5 0 . 0 0 $ 1 , 5 0 0 . 0 0 5 $ 7 5 0 . 0 0 5 $ 7 5 0 . 0 0 17 2 2 1 1 . 5 0 1 A G G R E G A T E BA S E C L A S S 5 ( V I R G I N , 10 0 % CR U S H E D ) , I N P L A C E TO N 1 , 0 5 0 $ 1 5 . 0 0 $ 1 5 , 7 5 0 . 0 0 5 0 0 $ 7 , 5 0 0 . 0 0 5 0 0 $ 7 , 5 0 0 . 0 0 5 0 $ 7 5 0 . 0 0 18 2 2 3 2 . 5 0 1 M I L L B I T U M I N O U S S U R F A C E ( 1 . 5 " N O M I N A L D E P T H ) ( P R I O R T O W E A R S. 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Y . 2 0 , 2 3 6 $ 3 . 0 0 $ 6 0 , 7 0 8 . 0 0 8 , 0 0 3 $ 2 4 , 0 0 9 . 0 0 1 2 , 2 3 3 $ 3 6 , 6 9 9 . 0 0 20 2 3 5 0 . 5 0 1 B I T U M I N O U S M A T E R I A L F O R C R A C K F I L L I N G - F I N E M I X TO N 3 5 $ 1 5 0 . 0 0 $ 5 , 2 5 0 . 0 0 35 $ 5 , 2 5 0 . 0 0 21 2 3 5 7 . 5 0 2 B I T U M I N O U S M A T E R I A L F O R T A C K C O A T GA L 2 , 1 5 4 $ 3 . 2 5 $ 7 , 0 0 0 . 5 0 8 0 0 $ 2 , 6 0 0 . 0 0 1 , 2 2 4 $ 3 , 9 7 8 . 0 0 1 3 0 $ 4 2 2 . 5 0 22 2 3 6 0 . 5 0 1 T YP E S P W E A 24 0 C W E A R I N G C O U R S E , I N - P L A C E TO N 2 , 0 4 1 $ 7 0 . 0 0 $ 1 4 2 , 8 7 0 . 0 0 7 4 3 $ 5 2 , 0 1 0 . 0 0 1 , 1 3 5 $ 7 9 , 4 5 0 . 0 0 1 6 3 $ 1 1 , 4 1 0 . 0 0 23 2 3 6 0 . 5 0 2 T YP E S P N W B 23 0 B N O N W E A R I N G C O U R S E , I N - P L A C E TO N 3 , 2 7 2 $ 5 5 . 0 0 $ 1 7 9 , 9 6 0 . 0 0 1 , 2 9 4 $ 7 1 , 1 7 0 . 0 0 1 , 9 7 8 $ 1 0 8 , 7 9 0 . 0 0 24 2 3 6 0 . 5 0 3 3 " T YP E S P W E A 23 0 B W E A R I N G C O U R S E F O R D R I V E W A Y S S. Y . 1 6 0 $ 2 3 . 0 0 $ 3 , 6 8 0 . 0 0 5 3 $ 1 , 2 1 9 . 0 0 1 0 7 $ 2 , 4 6 1 . 0 0 25 2 5 0 4 . 6 0 2 A D J U S T V A L V E B O X , I N C L U D I N G P A R T S Ea c h 21 $ 3 5 0 . 0 0 $ 7 , 3 5 0 . 0 0 9 $ 3 , 1 5 0 . 0 0 1 2 $ 4 , 2 0 0 . 0 0 26 2 5 0 6 . 5 1 6 C A T C H BA S I N C A S T I N G A S S E M B L Y , I N - P L A C E Ea c h 2 $ 8 0 0 . 0 0 $ 1 , 6 0 0 . 0 0 1 $ 8 0 0 . 0 0 1 $ 8 0 0 . 0 0 27 2 5 0 6 . 6 0 2 S A L V A G E & R E I N S T A L L C A T C H BA S I N C A S T I N G , R E P L A C E R I N G S Ea c h 28 $ 5 5 0 . 0 0 $ 1 5 , 4 0 0 . 0 0 1 3 $ 7 , 1 5 0 . 0 0 1 5 $ 8 , 2 5 0 . 0 0 28 2 5 0 6 . 6 0 2 S A L V A G E & R E I N S T A L L M A N H O L E C A S T I N G , R E P L A C E R I N G S Ea c h 49 $ 6 5 0 . 0 0 $ 3 1 , 8 5 0 . 0 0 3 0 $ 1 9 , 5 0 0 . 0 0 1 9 $ 1 2 , 3 5 0 . 0 0 29 2 5 2 1 . 5 0 1 4 " C O NC R E T E W A L K S. F . 1 1 5 $ 4 . 2 5 $ 4 8 8 . 7 5 11 5 $ 4 8 8 . 7 5 30 2 5 3 1 . 5 0 1 C O NC R E T E C U R B & G U T T E R D E S I G N B 6 1 8 L. F . 2 4 5 $ 1 1 . 0 0 $ 2 , 6 9 5 . 0 0 24 5 $ 2 , 6 9 5 . 0 0 31 2 5 3 1 . 5 0 7 6 " C O NC R E T E D R I V E W A Y P A V E M E N T S. Y . 8 3 $ 4 7 . 0 0 $ 3 , 9 0 1 . 0 0 4 3 $ 2 , 0 2 1 . 0 0 4 0 $ 1 , 8 8 0 . 0 0 32 2 5 3 1 . 6 0 3 R E M O V E A N D R E P L A C E CU R B & G U T T E R - B 61 8 ( I N 2 0 1 3 ) L. F . 3 , 8 2 9 $ 2 3 . 0 0 $ 8 8 , 0 6 7 . 0 0 3, 8 2 9 $ 8 8 , 0 6 7 . 0 0 33 2 5 3 1 . 6 1 8 T RU N C A T E D D O M E P A N E L S.F . 2 4 $3 8 . 00 $9 1 2 . 00 24 $9 1 2 . 0 0 34 2 5 4 0 . 6 0 4 S A L V A G E A N D R E I N S T A L L PA V E R D R I V E W A Y S. Y . 1 4 $5 0 . 0 0 $7 0 0 . 0 0 14 $7 0 0 . 0 0 35 2 5 6 3 . 6 0 1 T R A F F I C C O N T R O L L. S . 1 $ 1 2 , 5 0 0 . 0 0 $ 1 2 , 5 0 0 . 0 0 0. 5 $6 , 2 5 0 . 0 0 0. 5 $6 , 2 5 0 . 0 0 36 2 5 7 3 . 6 0 2 S T O R M D R A I N I N L E T P R O T E C T I O N DU R I N G C O N S T R U C T I O N Ea c h 30 $2 0 0 . 0 0 $6 , 0 0 0 . 0 0 13 $2 , 6 0 0 . 0 0 17 $3 , 4 0 0 . 0 0 37 2 5 7 5 . 5 0 5 S O D D I N G T YP E L A W N S. Y . 8 5 1 $6 . 0 0 $5 , 1 0 6 . 0 0 85 1 $5 , 1 0 6 . 0 0 38 2 5 7 5 . 5 0 5 SE E D M I X T U R E 25 0 W I T H F I B E R B L A N K E T S. Y . 5 0 $3 . 0 0 $1 5 0 . 0 0 50 $1 5 0 . 0 0 36 2 5 7 5 . 5 3 5 AP P L I C A T I O N O F W A T E R F O R T U R F , A F T E R 3 0 D A Y S MG 1 0 0 $3 0 . 0 0 $3 , 0 0 0 . 0 0 10 0 $3 , 0 0 0 . 0 0 37 2 1 2 3 . 6 1 0 S T R E E T S W EE P I N G HR 5 $1 5 0 . 0 0 $7 5 0 . 0 0 5. 0 $7 5 0 . 0 0 38 2 3 3 1 . 6 0 3 C R A C K SE A L I N G L. F . 1 , 9 5 0 $0 . 5 0 $9 7 5 . 0 0 1, 9 5 0 . 0 $9 7 5 . 0 0 39 2 3 5 6 . 6 0 4 C L AS S A A G G R E G A T E S E A L C O A T S. Y . 2 , 2 8 8 $1 . 5 0 $3 , 4 3 2 . 0 0 2, 2 8 8 . 0 $3 , 4 3 2 . 0 0 SU B T O T A L $7 6 1 , 2 1 1 . 2 5 $2 8 0 , 6 6 7 . 7 5 $3 5 6 , 3 3 5 . 2 5 $1 1 9 , 0 5 1 . 2 5 $5 , 1 5 7 . 0 0 EN G I N E E R S O P I N I O N O F E S T I M A T E D C O S T S Pa g e 1 o f 1 pg 81 Feasibility Report Project No. 201207 APPENDIX D: Preliminary Assessment Roll pg 82 CI T Y O F M E N D O T A H E I G H T S - A S S E S S M E N T R O L L Jo b # 2 0 1 2 0 7 St r e e t R e h a b i l i t a t i o n = 1 0 Y e a r s IN T E R E S T R A T E = Co w n P o i n t a n d O v e r l o o k R e h a b i l i t a t i o n Pa r c e l N o : R e p u t e d O w n e r : Su b d i v i s i o n : Re h a b : To t a l : Bl o c k : Lo t : 27 - 0 2 3 0 0 - 53 - 0 1 3 Ge o f f r e y A . M a s o n & J e n n i f e r F a r b e r Ma s o n 17 9 1 Sa i n t P a u l , M N 5 5 1 1 8 - 4 1 3 4 01 3 5 3 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Se c t i o n 2 3 T w n 2 8 R a n g e 2 3 E 1 8 9 f t o f W 41 1 . 0 f f t o f N 1 1 0 f t o f S 2 2 0 f t o f S W 1 / 4 of S W 1 / 4 Ov e r l o o k L a n e 27 - 0 2 3 0 0 - 53 - 0 3 1 Ba r b a r a K . N e l s o n 10 8 1 Me n d o t a H e i g h t s , M N 5 5 1 1 8 03 1 5 3 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Se c t i o n 2 3 T w n 2 8 R a n g e 2 3 E 2 0 1 . 3 f t o f W 4 3 5 . 6 f t o f S 1 1 0 f t o f S W 1 / 4 o f S W 1/ 4 e x M a r i e A v e . e x E 2 4 . 5 5 f t t o c i t y Ma r i e A v e . W . 27 - 0 2 3 0 0 - 54 - 0 2 0 Ci t y o f M e n d o t a H e i g h t s 11 0 1 Sa i n t P a u l , M N 5 5 1 1 8 - 4 1 6 7 02 0 5 4 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Se c t i o n 2 3 T w n 2 8 R a n g e 2 3 p t o f S 1 / 3 o f S 1 / 2 o f S E 1 / 4 o f S W 1 / 4 o f S W 1 / 4 l y i n g E o f S e x t o f E p r o p R / W L i l a c L a n e e x t e x E 2 9 3 f t t h e r e o f Vi c t o r i a C u r v e 27 - 1 5 5 5 0 - 01 - 0 1 0 Da n i e l W . B u t l e r & E l i z a b e t h A . B u t l e r 17 9 2 Me n d o t a H e i g h t s , M N 5 5 1 1 8 - 4 1 3 3 01 0 0 1 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Bu r i l a n d H o l m e s L o t 1 B l k 1 Ov e r l o o k L a n e 27 - 1 5 5 5 0 - 01 - 0 2 0 Ma r k B r i a n S k u g r u d 10 6 7 Sa i n t P a u l , M N 5 5 1 1 8 - 4 1 3 1 02 0 0 1 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Bu r i l a n d H o l m e s L o t 2 B l k 1 Ma r i e A v e n u e 27 - 1 5 5 5 0 - 01 - 0 8 0 Al e k s a n d r B a b i n & L y u b o v B a b i n a 17 9 1 Me n d o t a H e i g h t s , M N 5 5 1 1 8 - 4 1 3 6 08 0 0 1 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Bu r i l a n d H o l m e s L o t 8 B l k 1 Su m m i t L a n e 27 - 1 5 5 5 0 - 01 - 0 9 0 St e v e n P . & N e s s a K l e i n g l a s s 10 2 9 Me n d o t a H e i g h t s , M N 5 5 1 1 8 - 4 1 3 1 09 0 0 1 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Bu r i l a n d H o l m e s L o t 9 B l k 1 Ma r i e A v e . W . Th u r s d a y , A u g u s t 0 2 , 2 0 1 2 Pa g e 1 o f 1 1 Dr a f t Cr o w n P o i n t a n d O v e r l o o k pg 83 Pa r c e l N o : R e p u t e d O w n e r : Su b d i v i s i o n : Re h a b : To t a l : Bl o c k : Lo t : 27 - 1 6 5 0 0 - 01 - 0 1 0 Ku n a l & S t e p h a n i e M a d h o k 17 9 4 Sa i n t P a u l , M N 5 5 1 1 8 - 4 1 3 5 01 0 0 1 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Ca r r o l l F . S m a l l 1 s t A d d L o t 1 B l k 1 Su m m i t L a n e 27 - 1 6 5 0 0 - 01 - 0 2 0 Ro b e r t A . M c A d a m s & S u s a n S u e s s Mc A d a m s 10 1 7 Sa i n t P a u l , M N 5 5 1 1 8 - 4 2 2 8 02 0 0 1 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Ca r r o l l F . S m a l l 1 s t A d d L o t 2 B l k 1 Ma r i e A v e n u e 27 - 1 6 5 0 0 - 01 - 0 4 0 Do u g l a s & M e g a n M o g e l s o n 17 9 3 Me n d o t a H e i g h t s , M N 5 5 1 1 8 - 3 6 5 0 04 0 0 1 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Ca r r o l l F . S m a l l 1 s t A d d L o t 4 B l k 1 Li l a c L a n e 27 - 1 6 5 0 0 - 01 - 0 5 0 Jo h n T . & J e a n L . B e n k e 99 9 Sa i n t P a u l , M N 5 5 1 1 8 - 4 2 2 8 05 0 0 1 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Ca r r o l l F . S m a l l 1 s t A d d L o t 5 B l k 1 Ma r i e A v e . W . 27 - 1 8 6 0 0 - 01 - 0 1 0 Ca r o l P . K i n g & R o b e r t R . R u b b e l k e 19 8 5 Me n d o t a H e i g h t s , M N 5 5 1 1 8 - 4 2 0 3 01 0 0 1 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Cr o w n P o i n t L o t 1 B l k 1 Cr o w n P o i n t 27 - 1 8 6 0 0 - 01 - 0 2 0 Jo h n & M a r i a K e l l e r 19 8 1 Sa i n t P a u l , M N 5 5 1 1 8 - 4 2 0 3 02 0 0 1 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Cr o w n P o i n t L o t 2 B l k 1 Cr o w n P o i n t D r i v e 27 - 1 8 6 0 0 - 01 - 0 3 0 Al e x a n d e r T s t e H u s h c h a & A n n a T s t e Hu s h c h a 19 7 7 Sa i n t P a u l , M N 5 5 1 1 8 - 4 2 0 3 03 0 0 1 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Cr o w n P o i n t L o t 3 B l k 1 Cr o w n P o i n t D r i v e 27 - 1 8 6 0 0 - 01 - 0 4 0 Jo h n M . & P e g g y A . K e n n e d y 19 1 6 Me n d o t a H e i g h t s , M N 5 5 1 2 0 04 0 0 1 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Cr o w n P o i n t L o t 4 B l k 1 Cr o w n P o i n t D r i v e Th u r s d a y , A u g u s t 0 2 , 2 0 1 2 Pa g e 2 o f 1 1 Dr a f t Cr o w n P o i n t a n d O v e r l o o k pg 84 Pa r c e l N o : R e p u t e d O w n e r : Su b d i v i s i o n : Re h a b : To t a l : Bl o c k : Lo t : 27 - 1 8 6 0 0 - 01 - 0 5 0 Jo a n L . W i l h e l m y 19 2 0 Me n d o t a H e i g h t s , M N 5 5 1 1 8 - 4 2 0 5 05 0 0 1 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Cr o w n P o i n t L o t 5 B l k 1 Cr o w n P o i n t D r i v e 27 - 1 8 6 0 0 - 01 - 0 6 0 Th o m a s & N a n c y R o e d e r 19 2 4 Me n d o t a H e i g h t s , M N 5 5 1 1 8 - 4 2 0 5 06 0 0 1 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Cr o w n P o i n t L o t 6 B l k 1 Cr o w n P o i n t D r i v e 27 - 1 8 6 0 0 - 01 - 0 7 0 Vl a d i m i r & S e r a f i m a L a m i n 90 6 Sa i n t P a u l , M N 5 5 1 1 8 - 4 2 0 1 07 0 0 1 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Cr o w n P o i n t L o t 7 B l k 1 Cr o w n C o u r t 27 - 1 8 6 0 0 - 01 - 0 8 0 Da n i e l J . & P e n n y S . M a l e c h a 91 2 Sa i n t P a u l , M N 5 5 1 1 8 - 4 2 0 1 08 0 0 1 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Cr o w n P o i n t L o t 8 B l k 1 Cr o w n C o u r t 27 - 1 8 6 0 0 - 0- 1 0 9 0 Th o m a s & B o b i j e a n Q u i n l a n 91 8 Sa i n t P a u l , M N 5 5 1 1 8 - 4 2 0 1 09 0 0 1 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Cr o w n P o i n t L o t 9 B l k 1 Cr o w n C o u r t 27 - 1 8 6 0 0 - 01 - 1 0 0 Sh a w n e M . C o s t e l l o 91 9 Sa i n t P a u l , M N 5 5 1 1 8 - 4 2 0 1 10 0 0 1 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Cr o w n P o i n t L o t 1 0 B l k 1 Cr o w n C o u r t 27 - 1 8 6 0 0 - 01 - 1 1 0 Le r o y D . J r . & R h o n d a B u r l i n g 91 3 Sa i n t P a u l , M N 5 5 1 1 8 - 4 2 0 1 11 0 0 1 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Cr o w n P o i n t L o t 1 1 B l k 1 Cr o w n C o u r t 27 1 8 6 0 0 0 11 2 0 Pe t e r D . & A l e j a n d r a M a d l a n d PO B We s t S a i n t P a u l , M N 5 5 1 1 8 12 0 0 1 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Cr o w n P o i n t L o t 1 2 B l k 1 18 1 3 1 27 - 1 8 6 0 0 - 01 1 - 3 0 Th o m a s & C y n t h i a J . W e e k s 19 3 2 Me n d o t a H e i g h t s , M N 5 5 1 1 8 - 4 2 0 4 13 0 0 1 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Cr o w n P o i n t L o t 1 3 B l k 1 Cr o w n P o i n t D r i v e Th u r s d a y , A u g u s t 0 2 , 2 0 1 2 Pa g e 3 o f 1 1 Dr a f t Cr o w n P o i n t a n d O v e r l o o k pg 85 Pa r c e l N o : R e p u t e d O w n e r : Su b d i v i s i o n : Re h a b : To t a l : Bl o c k : Lo t : 27 - 1 8 6 0 - 00 1 1 - 4 0 Te r e s s a & B r a n d o n K a d l e c 19 3 6 Me n d o t a H e i g h t s , M N 5 5 1 1 8 14 0 0 1 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Cr o w n P o i n t L o t 1 4 B l k 1 Cr o w n P o i n t D r i v e 27 - 1 8 6 0 0 - 01 1 - 5 0 Da v i d J . W i l k e 19 4 0 Sa i n t P a u l , M N 5 5 1 1 8 - 4 2 0 4 15 0 0 1 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Cr o w n P o i n t L o t 1 5 B l k 1 Cr o w n P o i n t D r i v e 27 - 1 8 6 0 0 - 01 1 - 6 0 La w r e n c e G . W a d d e l l 19 4 4 Me n d o t a H e i g h t s , M N 5 5 1 1 8 16 0 0 1 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Cr o w n P o i n t L o t 1 6 B l k 1 Cr o w n P o i n t D r i v e 27 - 1 8 6 0 0 - 01 1 - 7 0 Jo n i M . & C h a r l e s F . B r o s t 19 4 8 Sa i n t P a u l , M N 5 5 1 1 8 - 4 2 0 4 17 0 0 1 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Cr o w n P o i n t L o t 1 7 B l k 1 Cr o w n P o i n t D r i v e 27 - 1 8 6 0 0 - 01 1 - 8 0 Ne i l . J . & C a t h i e D e n b l e y k e r 19 5 2 Sa i n t P a u l , M N 5 5 1 1 8 - 4 2 0 4 18 0 0 1 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Cr o w n P o i n t L o t 1 8 B l k 1 Cr o w n P o i n t D r i v e 27 - 1 8 6 0 0 - 01 1 - 9 0 Wi l l i a m A . G a v i n 19 5 6 Sa i n t P a u l , M N 5 5 1 1 8 - 4 2 0 4 19 0 0 1 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Cr o w n P o i n t L o t 1 9 B l k 1 Cr o w n P o i n t D r i v e 27 - 1 8 6 0 0 - 01 2 - 0 0 Ne d i n e F . G l a n z e r T h e r a 19 6 0 Sa i n t P a u l , M N 5 5 1 1 8 - 4 2 0 4 20 0 0 1 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Cr o w n P o i n t L o t 2 0 B l k 1 Cr o w n P o i n t D r i v e 27 - 1 8 6 0 0 - 01 2 - 1 0 We n d e M . D i a z R i e t h & T i m o t h y P . R e i t h 19 6 4 Sa i n t P a u l , M N 5 5 1 1 8 - 4 2 0 4 21 0 0 1 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Cr o w n P o i n t L o t 2 1 B l k 1 Cr o w n P o i n t D r i v e 27 - 1 8 6 0 0 - 01 2 - 2 0 Pa u l L e r o y J o h n s o n 19 6 8 Me n d o t a H e i g h t s , M N 5 5 1 1 8 - 4 2 0 4 22 0 0 1 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Cr o w n P o i n t L o t 2 2 B l k 1 Cr o w n P o i n t D r i v e Th u r s d a y , A u g u s t 0 2 , 2 0 1 2 Pa g e 4 o f 1 1 Dr a f t Cr o w n P o i n t a n d O v e r l o o k pg 86 Pa r c e l N o : R e p u t e d O w n e r : Su b d i v i s i o n : Re h a b : To t a l : Bl o c k : Lo t : 27 - 1 8 6 0 0 - 01 2 - 3 0 La n c e C . & J u d i t h R . B o u g i e 19 7 2 Sa i n t P a u l , M N 5 5 1 1 8 - 4 2 0 4 23 0 0 1 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Cr o w n P o i n t L o t 2 3 B l k 1 Cr o w n P o i n t D r i v e 27 - 1 8 6 0 0 - 01 2 - 4 0 Pe t e r M . & K i m b e r l y K . K r o n s c h n a b e l 87 9 Sa i n t P a u l , M N 5 5 1 1 8 - 4 2 4 4 24 0 0 1 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Cr o w n P o i n t L o t 2 4 B l k 1 Cr o w n C i r c l e 27 - 1 8 6 0 0 - 01 2 - 5 0 St e v e n A n t h o n y S m o l i k 87 5 Sa i n t P a u l , M N 5 5 1 1 8 - 4 2 4 4 25 0 0 1 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Cr o w n P o i n t L o t 2 5 B l k 1 Cr o w n C i r c l e 27 - 1 8 6 0 0 - 01 2 - 6 0 Da v i d L . & S t a c y A . D r e e l a n 87 1 Me n d o t a H e i g h t s , M N 5 5 1 1 8 - 4 2 4 4 26 0 0 1 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Cr o w n P o i n t L o t 2 6 B l k 1 Cr o w n C i r c l e 27 - 1 8 6 0 0 - 01 2 - 7 0 Mi c h a e l W . M a c z k o 87 2 Sa i n t P a u l , M N 5 5 1 1 8 - 4 2 4 4 27 0 0 1 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Cr o w n P o i n t L o t 2 7 B l k 1 Cr o w n C i r c l e 27 - 1 8 6 0 0 - 01 2 - 8 0 Ja m e s W . T s t e S m a l l & A n n i e L . T s t e Sm a l l 19 8 0 Me n d o t a H e i g h t s , M N 5 5 1 1 8 - 4 2 0 4 28 0 0 1 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Cr o w n P o i n t L o t 2 8 B l k 1 Cr o w n P o i n t 27 - 1 8 6 0 0 - 02 0 - 1 0 Th o m a s S . & K a t h l e e n M a l e i t z k e 19 2 3 Me n d o t a H e i g h t s , M N 5 5 1 1 8 - 4 2 0 6 01 0 0 2 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Cr o w n P o i n t L o t 1 B l k 2 Cr o w n P o i n t D r i v e 27 - 1 8 6 0 0 - 02 0 - 2 0 Wi l l i a m & J e a n S t . M a r t i n 19 3 3 Sa i n t P a u l , M N 5 5 1 1 8 - 4 2 0 3 02 0 0 2 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Cr o w n P o i n t L o t 2 B l k 2 Cr o w n P o i n t D r i v e Th u r s d a y , A u g u s t 0 2 , 2 0 1 2 Pa g e 5 o f 1 1 Dr a f t Cr o w n P o i n t a n d O v e r l o o k pg 87 Pa r c e l N o : R e p u t e d O w n e r : Su b d i v i s i o n : Re h a b : To t a l : Bl o c k : Lo t : 27 - 1 8 6 0 0 - 02 0 - 3 0 Ad a m L . C o y n e & K r i s t i n J . C o y n e 19 4 1 Me n d o t a H e i g h t s , M N 5 5 1 1 8 03 0 0 2 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Cr o w n P o i n t L o t 3 B l k 2 Cr o w n P o i n t D r i v e 27 - 1 8 6 0 0 - 02 0 - 4 0 Ju d i t h M . F u n k 19 5 1 Sa i n t P a u l , M N 5 5 1 1 8 - 4 2 0 3 04 0 0 2 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Cr o w n P o i n t L o t 4 B l k 2 Cr o w n P o i n t D r i v e 27 - 1 8 6 0 0 - 02 0 - 5 0 Mi c h a e l & C . E s t e l l e C l e a r y 19 6 5 Sa i n t P a u l , M N 5 5 1 1 8 - 4 2 0 3 05 0 0 2 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Cr o w n P o i n t L o t 5 B l k 2 Cr o w n P o i n t D r i v e 27 - 1 8 6 0 0 - 02 0 - 6 0 Ca r o l e M . D e v l i n - S m i t h & J o h n E . D i e t z 19 1 5 Sa i n t P a u l , M N 5 5 1 1 8 - 4 2 0 6 06 0 0 2 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Cr o w n P o i n t L o t 6 B l k 2 Cr o w n P o i n t D r i v e 27 - 3 2 8 0 0 - 00 0 - 1 0 Ci t y o f M e n d o t a H e i g h t s 11 0 1 Sa i n t P a u l , M N 5 5 1 1 8 - 4 1 6 7 A $3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Hi g h l a n d H e i g h t s S o u t h O u t l o t A Vi c t o r i a C u r v e 27 - 3 2 8 0 0 - 01 0 - 2 0 Da n i e l P . M c C o l l a r 10 8 9 Sa i n t P a u l , M N 5 5 1 1 8 - 3 6 5 2 02 0 0 1 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Hi g h l a n d H e i g h t s S o u t h L o t 2 B l k 1 Ov e r l o o k R o a d 27 - 3 2 8 0 0 - 01 0 - 3 0 Er i c C . & J o a n n a R . H e s s e 10 8 3 Me n d o t a H e i g h t s , M N 5 5 1 1 8 - 3 6 5 2 03 0 0 1 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Hi g h l a n d H e i g h t s S o u t h L o t 3 B l k 1 Ov e r l o o k R o a d 27 - 3 2 8 0 0 - 01 0 - 4 0 Sh a w n E . & M o l l y B . M e y e r 10 7 7 Me n d o t a H e i g h t s , M N 5 5 1 1 8 - 3 6 5 2 04 0 0 1 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Hi g h l a n d H e i g h t s S o u t h L o t 4 B l k 1 Ov e r l o o k R o a d 27 - 3 2 8 0 0 - 01 0 - 5 0 Pa u l R . B l y 10 7 1 Me n d o t a H e i g h t s , M N 5 5 1 1 8 05 0 0 1 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Hi g h l a n d H e i g h t s S o u t h L o t 5 B l k 1 Ov e r l o o k R o a d Th u r s d a y , A u g u s t 0 2 , 2 0 1 2 Pa g e 6 o f 1 1 Dr a f t Cr o w n P o i n t a n d O v e r l o o k pg 88 Pa r c e l N o : R e p u t e d O w n e r : Su b d i v i s i o n : Re h a b : To t a l : Bl o c k : Lo t : 27 - 3 2 8 0 0 - 01 0 - 6 0 Ad a m & R a c h e l S p i l k e r 10 6 5 Me n d o t a H e i g h t s , M N 5 5 1 1 8 06 0 0 1 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Hi g h l a n d H e i g h t s S o u t h L o t 6 B l k 1 Ov e r l o o k R o a d 27 - 3 2 8 0 0 - 01 0 - 7 0 Ji m m y S . & S t e p h a n i e L e v i n e 10 5 7 Sa i n t P a u l , M N 5 5 1 1 8 - 3 6 5 2 07 0 0 1 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Hi g h l a n d H e i g h t s S o u t h L o t 7 B l k 1 Ov e r l o o k R o a d 27 - 3 2 8 0 0 - 01 0 - 8 0 Sh a r o n A b r a m o w i c z 10 5 3 Me n d o t a H e i g h t s , M N 5 5 1 1 8 - 3 6 5 2 08 0 0 1 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Hi g h l a n d H e i g h t s S o u t h L o t 8 B l k 1 Ov e r l o o k R o a d 27 - 3 2 8 0 0 - 01 0 - 9 0 Th o m a s P . & E l l e n S . S t i l l m a n 10 4 9 Sa i n t P a u l , M N 5 5 1 1 8 - 3 6 5 2 09 0 0 1 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Hi g h l a n d H e i g h t s S o u t h L o t 9 B l k 1 Ov e r l o o k R o a d 27 - 3 2 8 0 0 - 01 1 - 0 0 St u a r t C . B e a r & M a r s h a J . S c h o e n k i n 10 4 3 Me n d o t a H e i g h t s , M N 5 5 1 1 8 - 3 6 5 2 10 0 0 1 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Hi g h l a n d H e i g h t s S o u t h L o t 1 0 B l k 1 Ov e r l o o k R o a d 27 - 3 2 8 0 0 - 01 1 - 1 0 Ro b e r t L . & J e n n i f e r K a p l a n 10 3 9 Sa i n t P a u l , M N 5 5 1 1 8 - 3 6 5 2 11 0 0 1 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Hi g h l a n d H e i g h t s S o u t h L o t 2 B l k 1 Ov e r l o o k R o a d 27 - 3 2 8 0 0 - 01 1 - 2 0 Ja m e s C . & K a t h l e e n S c h m i d t 10 3 3 Sa i n t P a u l , M N 5 5 1 1 8 - 3 6 5 2 12 0 0 1 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Hi g h l a n d H e i g h t s S o u t h L o t 1 2 B l k 1 Ov e r l o o k R o a d 27 - 3 2 8 0 0 - 01 1 - 3 0 Da v i d B . & A r l e n e P e r k k i o 10 2 7 Sa i n t P a u l , M N 5 5 1 1 8 - 3 6 5 2 13 0 0 1 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Hi g h l a n d H e i g h t s S o u t h L o t 1 3 B l k 1 Ov e r l o o k R o a d 27 - 3 2 8 0 0 - 01 1 - 4 0 An n a M a r i e O g a r a 10 2 1 Me n d o t a H e i g h t s , M N 5 5 1 1 8 14 0 0 1 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Hi g h l a n d H e i g h t s S o u t h L o t 1 4 B l k 1 Ov e r l o o k R o a d Th u r s d a y , A u g u s t 0 2 , 2 0 1 2 Pa g e 7 o f 1 1 Dr a f t Cr o w n P o i n t a n d O v e r l o o k pg 89 Pa r c e l N o : R e p u t e d O w n e r : Su b d i v i s i o n : Re h a b : To t a l : Bl o c k : Lo t : 27 - 3 2 8 0 0 - 01 1 - 5 0 Fr e d C . & L i n d a A . M o r g a n 10 1 5 Sa i n t P a u l , M N 5 5 1 1 8 - 3 6 5 2 15 0 0 1 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Hi g h l a n d H e i g h t s S o u t h L o t 1 5 B l k 1 Ov e r l o o k R o a d 27 - 3 2 8 0 0 - 01 1 - 6 0 Mi c h a e l J . & D i n a B . S a l m e n 10 0 7 Sa i n t P a u l , M N 5 5 1 1 8 - 3 6 5 2 16 0 0 1 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Hi g h l a n d H e i g h t s S o u t h L o t 1 6 B l k 1 Ov e r l o o k R o a d 27 - 3 2 8 0 0 - 01 1 - 7 0 Ab b y L . M i l l e r 10 0 1 Me n d o t a H e i g h t s , M N 5 5 1 1 8 - 3 6 5 2 17 0 0 1 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Hi g h l a n d H e i g h t s S o u t h L o t 1 7 B l k 1 Ov e r l o o k R o a d 27 - 3 2 8 0 0 - 01 1 - 8 0 Ab b y L . M i l l e r 10 0 1 Me n d o t a H e i g h t s , M N 5 5 1 1 8 - 3 6 5 2 18 0 0 1 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Hi g h l a n d H e i g h t s S o u t h L o t 1 8 B l k 1 Ov e r l o o k R o a d 2- 7 3 2 8 0 0 - 02 0 - 1 0 St e v a n C . & E v e R . K a f i t z 10 9 4 Sa i n t P a u l , M N 5 5 1 1 8 - 3 6 5 4 01 0 0 2 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Hi g h l a n d H e i g h t s S o u t h L o t 1 B l k 2 Ov e r l o o k R o a d 27 - 3 2 8 0 0 - 02 0 - 2 0 Jo n a t h a n C . & A b i g a i l G e w i r t z 10 8 8 Sa i n t P a u l , M N 5 5 1 1 8 - 3 6 5 4 02 0 0 2 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Hi g h l a n d H e i g h t s S o u t h L o t 2 B l k 2 Ov e r l o o k R o a d 27 - 3 2 8 0 0 - 02 0 - 3 0 Ga i l M . T s t e W i l l o x 10 8 0 Me n d o t a H e i g h t s , M N 5 5 1 1 8 03 0 0 2 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Hi g h l a n d H e i g h t s S o u t h L o t 3 B l k 2 Ov e r l o o k R o a d 27 - 3 2 8 0 0 - 02 0 - 4 0 Kr i s t i n C o l e e n R e i l l y 17 7 9 Me n d o t a H e i g h t s , M N 5 5 1 1 8 04 0 0 2 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Hi g h l a n d H e i g h t s S o u t h L o t 4 B l k 2 Ov e r l o o k L a n e 27 - 3 2 8 0 0 - 03 0 - 1 0 Jo h n K . & J u l i e A . K o r t e 10 6 8 Me n d o t a H e i g h t s , M N 5 5 1 1 8 - 3 6 5 3 01 0 0 3 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Hi g h l a n d H e i g h t s S o u t h L o t 1 B l k 3 Ov e r l o o k R o a d Th u r s d a y , A u g u s t 0 2 , 2 0 1 2 Pa g e 8 o f 1 1 Dr a f t Cr o w n P o i n t a n d O v e r l o o k pg 90 Pa r c e l N o : R e p u t e d O w n e r : Su b d i v i s i o n : Re h a b : To t a l : Bl o c k : Lo t : 27 - 3 2 8 0 0 - 03 0 - 2 0 Ch a r l e s M . & L i s a P e r l m a n 17 7 8 Sa i n t P a u l , M N 5 5 1 1 8 - 4 1 3 3 02 0 0 3 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Hi g h l a n d H e i g h t s S o u t h L o t 2 B l k 3 Ov e r l o o k L a n e 27 - 3 2 8 0 0 - 03 0 - 3 0 Ki m b a l l J . & L u z D e v o y 10 6 0 Sa i n t P a u l , M N 5 5 1 1 8 - 3 6 5 3 03 0 0 3 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Hi g h l a n d H e i g h t s S o u t h L o t 3 B l k 3 Ov e r l o o k R o a d 27 - 3 2 8 0 0 - 03 0 - 4 0 Ma r g i e T s t e S c h e r z e r 10 5 4 Sa i n t P a u l , M N 5 5 1 1 8 - 3 6 5 3 04 0 0 3 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Hi g h l a n d H e i g h t s S o u t h L o t 4 B l k 3 Ov e r l o o k R o a d 27 - 3 2 8 0 0 - 03 0 - 5 0 An d r e w L . M y e r s 10 5 0 Sa i n t P a u l , M N 5 5 1 1 8 05 0 0 3 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Hi g h l a n d H e i g h t s S o u t h L o t 5 B l k 3 Ov e r l o o k R o a d 27 - 3 2 8 0 0 - 03 0 - 6 0 Br a d l e y F . & K e r r y V . W i l l i a m s 10 4 4 Me n d o t a H e i g h t s , M N 5 5 1 1 8 - 3 6 5 3 06 0 0 3 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Hi g h l a n d H e i g h t s S o u t h L o t 6 B l k 3 Ov e r l o o k R o a d 27 - 3 2 8 0 0 - 03 0 - 7 0 Br i a n P . & A n n J . G l e e s o n 10 3 8 Me n d o t a H e i g h t s , M N 5 5 1 1 8 - 3 6 5 3 07 0 0 3 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Hi g h l a n d H e i g h t s S o u t h L o t 7 B l k 3 Ov e r l o o k R o a d 27 - 3 2 8 0 0 - 03 0 - 8 0 Kr a s i m i r G . B o j a n o v 10 3 0 Sa i n t P a u l , M N 5 5 1 1 8 - 3 6 5 3 08 0 0 3 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Hi g h l a n d H e i g h t s S o u t h L o t 8 B l k 3 Ov e r l o o k R o a d 27 - 3 2 8 0 0 - 03 0 - 9 0 Be r n a r d & J a y l e n e K a r o n 17 8 1 Sa i n t P a u l , M N 5 5 1 1 8 - 4 1 3 6 09 0 0 3 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Hi g h l a n d H e i g h t s S o u t h L o t 9 B l k 3 Su m m i t L a n e 27 - 3 2 8 0 0 - 04 0 - 1 0 Mi c h a e l E . & M a r g a r e t D e m u s e 10 1 8 Sa i n t P a u l , M N 5 5 1 1 8 - 3 6 5 1 01 0 0 4 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Hi g h l a n d H e i g h t s S o u t h L o t 1 B l k 4 Ov e r l o o k R o a d Th u r s d a y , A u g u s t 0 2 , 2 0 1 2 Pa g e 9 o f 1 1 Dr a f t Cr o w n P o i n t a n d O v e r l o o k pg 91 Pa r c e l N o : R e p u t e d O w n e r : Su b d i v i s i o n : Re h a b : To t a l : Bl o c k : Lo t : 27 - 3 2 8 0 0 - 04 0 - 3 0 Th o m a s R . & M a r y K . L o n g f e l l o w 10 1 0 Sa i n t P a u l , M N 5 5 1 1 8 - 3 6 5 1 03 0 0 4 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Hi g h l a n d H e i g h t s S o u t h L o t 3 B l k 4 Ov e r l o o k R o a d 27 - 3 2 8 0 0 - 04 0 - 4 0 Ma r g a r e t & D a v i d A n d r e w s 10 0 4 Sa i n t P a u l , M N 5 5 1 1 8 - 3 6 5 1 04 0 0 4 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Hi g h l a n d H e i g h t s S o u t h L o t 4 B l k 4 Ov e r l o o k R o a d 27 - 3 2 8 0 0 - 04 0 - 5 0 Th o m a s R . & L i s a B . N i l s e n 99 8 Me n d o t a H e i g h t s , M N 5 5 1 1 8 - 3 6 5 1 05 0 0 4 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Hi g h l a n d H e i g h t s S o u t h L o t 5 B l k 4 Ov e r l o o k R o a d 27 - 3 2 8 0 0 - 04 0 - 6 0 Pa t r i c k J . & K i m M . S m i t h 17 8 3 Sa i n t P a u l , M N 5 5 1 1 8 - 3 6 5 0 06 0 0 4 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Hi g h l a n d H e i g h t s S o u t h L o t 6 B l k 4 Li l a c L a n e 27 - 7 6 4 0 2 - 01 2 - 3 0 Ab b y L . M i l l e r 10 0 1 Me n d o t a H e i g h t s , M N 5 5 1 1 8 - 3 6 5 2 23 0 0 1 $ 3 , 6 5 0 . 0 0 $3, 6 5 0 . 0 0 Ti l s e n s H i g h l a n d H e i g h t s P l a t 3 L o t 2 3 B l k 1 Ov e r l o o k R o a d Th u r s d a y , A u g u s t 0 2 , 2 0 1 2 Pa g e 1 0 o f 1 1 Dr a f t Cr o w n P o i n t a n d O v e r l o o k pg 92 Pa r c e l N o : R e p u t e d O w n e r : Su b d i v i s i o n : Re h a b : To t a l : Bl o c k : Lo t : Nu m b e r o f P r o p e r t i e s : 82 To t a l R e h a b i l i t a t i o n : $2 9 9 , 3 0 0 . 0 0 Gr a n d T o t a l : $2 9 9 , 3 0 0 . 0 0 Th u r s d a y , A u g u s t 0 2 , 2 0 1 2 Pa g e 1 1 o f 1 1 Dr a f t Cr o w n P o i n t a n d O v e r l o o k pg 93 DATE: August 7, 2012 TO: Mayor, City Council and City Administrator FROM: Ryan Ruzek, PE, Assistant City Engineer SUBJECT: Accepting Work and Approving Final Payment for the Wagon Wheel Trail Neighborhood Improvements BACKGROUND The contract work for the Wagon Wheel Trail Neighborhood Improvement project has been inspected, approved and is ready for final payment (this will start the one year guarantee period). Total contract costs for this project were $1,601,999.92 not including indirect costs for legal, engineering, administration, and finance. The original contract amount was $1,650,534.93. Staff recommends that council accept the project and approve the final payment of $258,448.32 to McNamara Contracting, Inc. of Rosemount, Minnesota. ACTION REQUESTED If City Council wishes to implement the recommendation, pass a motion adopting A RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR THE WAGON WHEEL TRAIL NEIGHBORHOOD IMPROVEMENT. This action requires a simple majority vote. pg 94 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2012- A RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR THE WAGON WHEEL TRAIL NEIGHBORHOOD IMPROVEMENTS WHEREAS, pursuant to a written contract signed with the City of Mendota Heights on May 17, 2011, with McNamara Contracting, Inc. of Rosemount, Minnesota they have satisfactorily completed the improvements for the Wagon Wheel Trail Neighborhood Improvements – job #201002, S.A.P. 140-106-006, in accordance with such contract. NOW THEREFORE IT IS HERBY RESOLVED; by the City Council of the City of Mendota Heights that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby directed to issue a proper order for the final payment on such contract in the amount of $258,448.32, taking the contractor’s receipt in full. Adopted by the City Council of the City of Mendota Heights this 7th day of August 2012. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST _________________________ Lorri Smith, City Clerk pg 95 pg 96 DATE: August 7, 2012 TO: Mayor, City Council, and City Administrator FROM: John R. Mazzitello, PE, PMP – Public Works Director/City Engineer SUBJECT: Traffic Safety Committee Meeting Notes and Recommendations. BACKGROUND The Traffic Safety Committee (TSC) was formed by the City Council as an advisory Committee to the Council. The TSC serves as a mechanism for technical review and evaluation of traffic requests brought forward from area residents. The TSC meets periodically throughout the year (typically quarterly) and makes recommendations to the City Council on actions to address the requests. The traffic Safety Committee (TSC) met on July 1 7, 2012 to discuss four new traffic issues brought to City Staff by concerned parties and to review three other issues carried over from previous meetings. In attendance were Police Sergeant Convery, Fire Chief Maczko, Public Works Director/City Engineer Mazzitello, Council Member Vitelli, and Planning Commissioner Field. Public Works Superintendent Olund and Police Chief Aschenbrener were not present. Of the issues discussed, only one requires an official Council action at this time. Item 1C would require passage of the attached Resolution if Council chooses to follow the TSC recommended action for the issue. A summary of the issues discussed and TSC recommendations are summarized below. 1. Follow-Up on Past Discussion Items A. Request to change Yield Sign to a 4-Way Stop Sign at the – Requested by Ms. Melissa Brown of 1640 James Road via e-mail through City web page. Issue: Resident concern was over drivers’ inability to see yield sign at intersection due to vegetative growth in the westbound right-of-way of Douglas Road. Analysis: Sight distance to the yield sign on westbound Douglas Road is obscured by thick vegetative growth in the right-of-way. Sight distance could be met if the entire right-of-way were cleared of vegetation. Alternatively, a second yield sign on the southeast corner of the intersection would be visible by drivers on westbound Douglas without obstruction. Recommendation: TSC recommends installing a second yield sign on the southeast corner of Douglas Road and James Road to provide adequate advance warning of the intersection. pg 97 B. Request for pedestrian safety and/or speed control signage on Sylvandale Road – Requested by Ms. Alexandra Polo of 699 Sylvandale Court via e-mail through Mayor Krebsbach. Issue: Resident concern was over pedestrian safety along Sylvandale Road, specifically near Sylvandale Court and Sylvandale Court South. Analysis: A sight distance analysis was completed for Sylvandale Road form Emerson Avenue to Ivy Falls Avenue. The only sight distance limiting areas on Sylvandale are from northbound Clement Street at Emerson and both directions of Sylvandale at Laura Court (relatively sharp curve in the road). On street parking is sporadic along Sylvandale, and there is adequate pavement width to accommodate pedestrian traffic. Recommendation: TSC does not believe any modifications to Sylvandale Road are needed at this time. C. Pedestrian Crosswalk on Lexington at Victoria - Requested by Ms. Sally Lorberbaum of 890 Douglas Road via e-mail. Issue: “As you know, there are a number of people in the Overlook, Walsh, Eagle Ridge area of the city that walk to Beth Jacob weekly. The question has come up that we have a number of crosswalks that parallel Victoria on Walsh and other nearby streets but lack a crosswalk at Victoria and Lexington to connect the walking paths on either side of Lexington.” – Quote directly from requestor’s e-mail. Analysis: Staff requested the crosswalk through Dakota County. Dakota County commissioned a speed study of Marie Avenue which came back with the result of speeds too fast to warrant a crosswalk. Dakota County followed up on this report by offering to reconfigure the intersection by installing an island in Lexington Avenue (see the attached diagram). The Island would provide a safe haven for pedestrians, making a crosswalk more viable. The island would sacrifice the left turn lane from southbound Lexington to eastbound Victoria, but may be able to create a left turn lane from northbound Lexington to westbound Victoria. (The city would be asked to pay 45% of the construction cost for the new island). Recommendation: TSC recommends City Council request Dakota County construct the island as proposed and stripe the crosswalks as outlined in their proposal. TSC further recommends the request of Dakota County include a request to advance the project to construction as quickly as possible. The attached Resolution makes the aforementioned request. If Council chooses to implement the TSC recommendations, pass the attached Resolution by a simple majority vote. 2. New Business A. Speed limit signage in The Summit development - Requested by The Summit Homeowners Association. Issue: The Summit Homeowners Association believes traffic through their development is travelling in excess of the speed limit (30 mph). The Association is requesting speed limit signs placed at the entrances to the development. pg 98 Analysis: There is little or no “cut-through” traffic in this development, so most of the vehicles perceived of speeding likely belong to the residents of the development. Subsequently, these residents would be members of the Association. Recommendation: TSC recommends against speed limit signs at this time. TSC recommends utilizing the speed trailer to monitor traffic in the development and provide the results to the Association. B. No Parking on north side of Pueblo Lane adjacent to Friendly Hills Park – Requested by the Mendota Heights Police Department. Issue: Controlling parking on streets that are adjacent to parks can benefit pedestrian safety for those using, travelling to, or travelling form the parks. At Mendakota Park there is a parking plan that prohibits parking on Mendakota Drive across from the park, but permits parking adjacent to the park. The Police Department is asking for a similar parking pattern for Pueblo Lane at Friendly Hills Park. Analysis: By allowing parking only on the park side of the road, pedestrian traffic crossing the street (often coming out form between parked cars) to get to their vehicles is eliminated; thus reducing the chances of a vehicle/pedestrian accident. Recommendation: TSC recommends implementing the parking pattern proposed for Pueblo Lane. Before doing so, however, TSC recommends sending correspondence to the affected property owners, reviewing their responses, and bringing the results to City Council at a future date. Pending the feedback form the area residents, an Ordinance amendment may be brought forward to add this area to the list of no parking areas in the city and the area will be resigned to reflect the ordinance change. C. No Parking for ~30 feet of Concord Way at Heritage Drive – Requested by Phil Stephan of 2591 Bedford Court, a resident of the Kensington Development. Issue: Resident concern is that pedestrian and bicycle traffic cannot be seen when there is parking on both sides of Concord Way. Coupled with a relatively blind corner for drivers and only room for a single lane of traffic when cars are parked on both sides of the street. Analysis: When cars are parked on both sides of Concord Way, there is not enough room for two lanes of traffic. Also, anytime there is a dense population of parked cars it can make it hard to see pedestrians and/or bicyclists. This request is in contrast to an earlier issue brought forth by Kensington residents about speed on Concord Way. Eliminating the parking would potentially increase speed, so one resident’s request is contrary to another request from residents in the same area. Recommendation: TSC recommends the issue be remanded to the Kensington Homeowners Associations (there are actually three different Associations) for them to debate and decide what action they would like to request. D. Installation of a traffic signal at Dodd Road and Wagon Wheel Trail – Requested by Heidi McEllistrem of 1025 William Court via e-mail. pg 99 Issue: “I am a home owner and biker in Mendota Heights. I really enjoy the new bike path along Wagon Wheel. It is a much appreciated improvement for bikers and walkers in the city. Any chance there would be a traffic light installed at the intersection of Wagon Wheel and Dodd? It is a tricky spot when crossing Dodd on a bike or walking to get to Decorah Ave. A pedestrian light would be very useful at that location.” – Taken verbatim from Ms. McEllistrem’s e-mail. Analysis: Dodd Road is not a city asset. This request could only be honored by the Minnesota Department of Transportation (MnDOT). Further, looking at the traffic numbers, there is far more traffic on Dodd than on Wagon Wheel and Decorah combined. MnDOT would not honor such a request. Recommendation: TSC recommends forwarding the request to MnDOT for their consideration. Dodd Road is a MnDOT owned right-of-way, and their jurisdiction to decide. TSC does not believe MnDOT will honor the request. BUDGET IMPACT If the Council choses to approve the TSC recommendations, the only potential cost would be the City’s 45% cost share of the median installation on Lexington Avenue in a fiscal year yet to be determined (City share could be in the $20,000 - $30,000 range). In addition, cost of a new Yield sign at Douglas Road and James Road would cost approximately $300.00 and can be expended as part of the Streets Department annual Signage and striping budget. RECOMMENDATION The TSC recommends Council approve the recommended action listed above and adopt the attached RESOLUTION FORMALLY REQUESTING PROJECT INCLUSION IN THE DAKOTA COUNTY 2013-2017 CAPITAL IMPROVEMENT PLAN, which will be forwarded to Dakota County. A simple majority vote is required for recommendation approval. All other TSC recommendations listed need no formal Council action at this time. pg 100 HW Y 1 1 0 LEXINGTON AVE VI C T O R I A C U R VI C T O R I A R D S Lexington Avenue and Victoria Road Crosswalk July 30, 2012 City ofMendotaHeights080 SCALE IN FEET Legend Median Striping pg 10 1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2012-__ RESOLUTION FORMALLY REQUESTING PROJECT INCLUSION IN THE DAKOTA COUNTY 2013-2017 CAPITAL IMPROVEMENT PLAN WHEREAS, Dakota County has a Capital Improvement Plan that forecasts projects for five years in to the future; and WHEREAS, annually Dakota County seeks requests from cities for desired projects within their respective municipal boundaries; and WHEREAS, area residents have expressed concern over pedestrian safety while crossing County Road 43, also known as Lexington Avenue, at Victoria Road; and WHEREAS, the City Council established the Traffic Safety Committee to analyze traffic safety requests brought forward by the public; and WHEREAS, Dakota County, as the responsible party for Lexington Avenue, has developed a potential design solution to allow for a marked pedestrian crosswalk that would involve a cost sharing allocation of 45% for the City of Mendota Heights; and WHEREAS, The Traffic Safety Committee recommends the solution provided by Dakota County as a positive method to increase pedestrian safety at the intersection. NOW THEREFORE BE IT RESOLVED; by the Mendota Heights City Council That a formal request is being made of Dakota County to: 1. Include the construction of a median on County Road 43 (Lexington Avenue), north of Victoria Road, and a pedestrian crosswalk to connect the trail access point on the east and west sides of County Road 43 in the County 2013-2017 Capital Improvement Plan (CIP). 2. Include this pedestrian safety improvement in the CIP in as early a fiscal year as possible. Adopted by the City Council of the City of Mendota Heights this seventh day of August 2012. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST _________________________ Lorri Smith, City Clerk pg 102 pg 103 pg 10 4 pg 10 5 pg 106 pg 107 pg 108 pg 109 pg 110 pg 111 pg 112 pg 113 pg 114 pg 115 pg 116 pg 117 pg 118 pg 119 pg 120 pg 121 pg 122 DATE: August 7, 2012 TO: Mayor, City Council and City Administrator FROM: Jake Sedlacek, Assistant to the City Administrator SUBJECT: Planning Case 2012-24, Wetlands Permit for Single Family Home BACKGROUND Al Maas made a planning application on behalf of David Williams to a construct a single family home at 755 Wentworth Avenue. The planning commission heard the request at their regular meeting on Tuesday, July 24, 2012. Planner Grittman reminded the commission that this request is for a single family home only, there is no request for a subdivision of the lot. The commission asked if there needed to be more detail in the conditions of approval, specifically what type of vegetation may be included in landscaping. Staff replied that more detailed plans would be necessary for the grading permit. Staff is comfortable recommending the application as proposed, and will work with the applicant on further detail as the process moves along. Alan and Gloria Weinblatt, 754 Upper Colonial Drive, spoke at the public hearing, asking that the commission consider the impact of the new home upon the fauna on the property. Chair Norton reminded the commission that the property is privately held and could be developed within code requirements. Mr. Kevin Byrnes, 740 Wentworth Avenue, also spoke at the public hearing, expressing support for the proposed single family home, but wanted to ensure that the applicant and city staff were aware of storm water drainage issues in the area. John Mazzitello, Public Works Director/City Engineer responded that storm water drainage issues are subject to the Land Use Disturbance Guidance Document, and will be addressed in closer detail as the permits for the development are pulled. The proposed single family house was not seen as having any impact on the storm water issue Mr. Byrnes pointed out. BUDGET IMPACT N/A pg 123 RECOMMENDATION The planning commission recommended approval of the request on a 6:0 vote. This matter requires a simple majority vote by the council. If the city council desires to implement the recommendation, pass a motion adopting A RESOLUTION APPROVING A WETLANDS PERMIT PERMIT FOR A SINGLE FAMILY HOME AT 755 WENTWORTH AVENUE. pg 124 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2012- A RESOLUTION APPROVING A WETLANDS PERMIT TO CONSTRUCT A SINGLE FAMILY HOME AT 755 WENTWORTH AVENUE. WHEREAS, Al Maas, on behalf of David Williams has applied for a wetlands permit to construct a single family home at 755 Wentworth Avenue (PID 27-03800-33-010, Lot 33 Auditors Subdivision No 3) as proposed in planning case 2012-24; and WHEREAS, the planning commission held a public hearing on this matter at their regular meeting July 24, 2012. NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council that a wetlands permit as proposed in planning case 2012-24 is hereby approved with the following findings of fact: 1. The project meets the intent of the Wetlands Ordinance. 2. The project retains an extensive existing vegetative buffer adjacent to the wetland edge. 3. The driveway over the creek/wetland will utilize the existing culver locations, minimizing grading work within the wetland itself. 4. The wetland itself will otherwise be untouched. 5. With the conditions listed, the project will comply with all zoning and wetland ordinance requirements of the city. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that a wetlands permit as proposed in planning case 2012-24 is hereby approved with the following conditions: 1. Existing structures on the property are removed. 2. Area within the 25 foot setback is left undisturbed and in its natural state. 3. Driveway construction utilizes the existing culvert location and otherwise complies with city requirements. 4. All cleared areas are landscaped to minimize runoff into the creek. 5. Pool fencing meets the city’s fencing requirements for materials, openness, height, and other requirements for swimming pool enclosures. 6. All construction activities follow the Land Disturbance Guidance Document. Adopted by the City Council of the City of Mendota Heights this seventh day of August 2012. CITY COUNCIL CITY OF MENDOTA HEIGHTS pg 125 ___________________________ Sandra Krebsbach, Mayor ATTEST ______________________________ Lorri Smith, City Clerk pg 126 MEMORANDUM TO: Mendota Heights Planning Commission FROM: Stephen Grittman DATE: July 18, 2012 MEETING DATE: July 24, 2012 SUBJECT: Wetlands Permit for New Home and Pool CASE NO: Case No. 12-24; NAC Case 254.04 – 12.16 APPLICANT(S): Alan Maas/David and Kim Williams LOCATION: 755 Wentworth Avenue ZONING: R-1, One Family Residential GUIDE PLAN: LR – Low Density Residential Background and Description of Request: The applicants are seeking a wetlands permit to construct a new single family home and swimming pool and related improvements at 755 Wentworth Avenue. The project would cover much of the existing lawn area behind the house. The subject property is just under 8 acres in size and has been occupied by a house and detached garage. Although the application is not specific on this point, the existing structures would need to be removed as a part of the new construction. The area of construction would be on the north side of a creek that runs through the property from east to west. Nearly all of the building area is within 100 feet of this creek and associated wetland. The property is zoned R-1, One Family Residential. Section 12-2-6 of the Zoning Ordinance requires a Wetlands Permit for any work conducted within 100 feet of a wetland. Analysis: The new home would rely on an existing driveway from Wentworth, to be upgraded as a part of the project. The driveway crosses the creek over an existing culvert. The applicants suggest that this crossing will remain – thus little or no impact to the wetland pg 127 would be expected from this part of the project. The applicants should otherwise clarify what is intended for the remainder of the driveway “upgrade”, particularly within the wetland buffer area. The site plan shows that the home and pool area will retain a 25 foot setback from the creek edge. This is typical staff-recommended setback from wetland areas, along with the recommendation that this area be left in a natural state, or planted with natural materials to minimize and filter runoff from the project into the water body. The applicant have not specified what would be done within the setback area, however, the area is relatively steeply sloped, and it is presumed that the intent is to leave this area in its current condition. This should be verified with the applicants. The applicants have provided a topographic survey of the property showing that the building site lies on steeply sloped portion of the property. Extensive grading is anticipated to accomplish the project, although no grading plan has been submitted. The applicants have included a general area of clearing and silt fence line to the west of the home and pool, along with extensive clearing to the east of the home and driveway, to within 25 feet of the creek. They have indicated that all cleared areas will be landscaped and sodded. A total area of about 2 acres will be within the construction limits of the project. The Wetlands Ordinance requires that any land alteration or construction within 100 feet of any designated wetland requires approval of a Wetlands Permit. The purpose of the Wetlands Ordinance is to ensure that alterations within the buffer area adjacent to wetlands do not degrade or threaten the water quality of the wetland area. While grading details have not been provided, the construction and clearing are permissible provided the applicants comply with the City’s Land Disturbance Guidance Document. The City’s engineering department staff will evaluate and monitor this aspect of the proposal. Action Requested: Following a public hearing, the Planning Commission may consider one of the following recommendations: 1) Approval of the wetlands permit to construct a new single family home, swimming pool, associated pool decking and graded lawn area, tree removal, and driveway improvements - an area of approximately 2 acres of disturbed area - based on the attached findings of fact, and subject to a the following conditions: a. Existing structures on the property are removed; b. Area within the 25 foot setback is left undisturbed and in its natural state; c. Driveway construction utilizes the existing culvert location and otherwise complies with city requirements; d. All cleared areas are landscaped to minimize runoff into the creek; e. Pool fencing meets the City’s fencing requirements for materials, openness, height, and other requirements for swimming pool enclosures; and pg 128 f. All construction activities follow the Land Disturbance Guidance document. -OR- 2) Denial of the wetlands permit, based on a finding that the projected work will have negative impacts on the existing wetland and is inconsistent with the intent of the Wetlands Ordinance. Staff Recommendation: Planning staff recommends approval of the wetlands permit with the listed conditions. The proposed project, while extensive in area, should not have a negative impact on the wetland, especially with the native vegetation plantings which serve to filter the runoff into the wetland. The project appears to meet the intent of the Wetlands Ordinance and will not degrade or threaten the water quality of the wetland. Supplementary Materials: 1. Application Materials Dated 7/2/12 2. Site Location Map pg 129 4 Draft Findings of Fact for Approval Wetlands Permit 755 Wentworth Avenue The following Findings of Fact are made in support of approval of the above Wetlands Permit: 1. The project meets the intent of the Wetlands Ordinance. 2. The project retains an extensive existing vegetative buffer adjacent to the wetland edge. 3. The driveway over the creek/wetland will utilize the existing culvert locations, minimizing grading work within the wetland itself. 4. The wetland itself will otherwise be untouched. 5. With the conditions listed, the project will comply will all zoning and wetland ordinance requirements of the City. pg 130 Do d d R d Marie Ave 1st Ave 3rd Ave D i a n e R d Tr a i l R d 2nd Ave Evergreen Kn Bachelor Ave Callahan Pl Va n d a l l S t Syl v a n d a l e R d Emers o n A v e M e d o r a R d Sutton La 4th Ave Stanwich La C h e r r y H i l l R d K n o l l w o o d L a Will o w L a Fa r m d a l e R d Sunset La C e l i a D r Brookside La La u r a S t Upper Colonial Dr Park Place Dr C l e m e n t S t Wa c h t l e r A v e Pa r k C i r Nina Ct Barbara Ct Ar v i n D r Mager Ct G r y c C t Bo a r d w a l k C l e m e n t S t 755 Wentworth Ave. Site Location Map Water/Wetlands Major Roads City Roads Municipal Boundaries pg 131 pg 132 pg 133 pg 134 Dakota County, MN Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search, appraisal, survey, or for zoning verification. Map Scale 1 inch = 310 feet pg 135 pg 136 DATE: August 7, 2012 TO: Mayor, City Council and City Administrator FROM: Jake Sedlacek, Assistant to the City Administrator SUBJECT: Planning Case 2012-23, Critical Area Permit for Single Family Home BACKGROUND Thomas Wieser made a planning application on behalf of Dan and Mary Caruso to a construct a single family home at 1256 Wachtler Avenue, which Mr. Wieser is in the process of purchasing from the Caruso’s. The planning commission heard the request at their regular meeting on Tuesday, July 24, 2012. There were no questions on the application. There were no comments at the public hearing. BUDGET IMPACT N/A RECOMMENDATION The planning commission recommended approval of the request on a 6:0 vote. This matter requires a simple majority vote by the council. If the city council desires to implement the recommendation, pass a motion adopting A RESOLUTION APPROVING A CRITICAL AREA PERMIT FOR A SINGLE FAMILY HOME AT 1256 WACHTLER AVENUE. pg 137 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2012- A RESOLUTION APPROVING A CRITICAL AREA PERMIT TO CONSTRUCT A SINGLE FAMILY HOME AT 1256 WACHTLER AVENUE. WHEREAS, Thomas Wieser, on behalf of Dan and Mary Caruso has applied for a critical area permit to construct a single family home at 1256 Wachtler Avenue (PID 27-30700-00-100, Lot 10 Goodrich Happy Hollow) as proposed in planning case 2012-23; and WHEREAS, the planning commission held a public hearing on this matter at their regular meeting July 24, 2012. NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council that a critical area permit as proposed in planning case 2012-23 is hereby approved with the following findings of fact: 1. The required maximum building height of 25 feet (as measured from average front grade to average roof height) is met by the proposal. 2. No construction will occur on slopes of greater than 18%. 3. No construction will occur within 40 feet of the top of the bluff (defined as land that exceeds 40% slope). 4. Use of natural, or natural-looking, materials wherever practical. 5. There are no visual impact of the construction from view of the river. Adopted by the City Council of the City of Mendota Heights this seventh day of August 2012. CITY COUNCIL CITY OF MENDOTA HEIGHTS ___________________________ Sandra Krebsbach, Mayor ATTEST ______________________________ Lorri Smith, City Clerk pg 138 MEMORANDUM TO: Mendota Heights Planning Commission FROM: Stephen W. Grittman DATE: July 18, 2012 MEETING DATE: July 24, 2012 SUBJECT: Critical Area Permit for Construction of New Single Family Home CASE NO: Case No. 2012-23; NAC Case 254.04 – 12.15 APPLICANT(S): Tom and Kim Wieser LOCATION: 1256 Wachtler Avenue ZONING: R-1 Single Family Residential GUIDE PLAN: Low Density Residential Background and Description of Request: The applicant is seeing a Critical Area Permit to construct a new single family home on a parcel along Wachtler Avenue. The proposed construction site is on a relatively level portion of the property, generally in the area of a previous structure. Because the property is located within the Mississippi River Critical Area, a Critical Area Permit is required for all of the improvements proposed. The structure will utilize the existing driveway for access to Wachtler, extending it to the new garage. The limits of construction on the site is an area of about 5,000 square feet, including new home, garage, and additional driveway. Analysis: In the critical area, new construction and other land disturbance is required to comply with the terms of the Critical Area Ordinance, and includes the following standards applying to this application: pg 139 • Maximum building height of 25 feet (as measured from average front grade to average roof height). • No construction on slopes of greater than 18%. • No construction within 40 feet of the top of the bluff (defined as land that exceeds 40% slope). • Use of natural, or natural-looking, materials wherever practical. • Minimize visual impacts of the construction from view of the river. The proposed home is measured by the applicants at just over 17 feet in height. The building height is consistent with the applicable zoning regulations. In this case, the proposed home will be located on an area of the lot that shows slopes of approximately 2-4 percent. The existing driveway grade (on the west side of the lot) is minimal, and is not proposed to change. The building area is below the steep slopes on the lot. The proposed home sits more than 50 feet from the toe of the slope, consistent with slope setback requirements. The applicants proposed to use cedar siding, fiber cement siding, and stucco as the primary building materials. All of these are consistent with the intent of the Critical Area ordinance. Finally, the site itself is visible from Sibley Memorial Highway, although it is obscured by existing vegetation, most of which is to remain on the property. Due to the elevation of the building site, it is not visible from the river itself, and as such, does not raise issues for impacts on the river. Action Requested: Following a public hearing, the Planning Commission may consider one of the following recommendations: A. Approval of the Critical Area Permit for 1256 Wachtler Avenue, based on the draft findings attached to this report. With this recommendation, staff would suggest the following conditions: 1. Compliance with the City’s Land Disturbance Guidance Document 2. Any further recommendations of the City Engineer regarding grading, erosion and stormwater control. B. Denial of the Critical Area Permit, based on a finding that alterations to the property raise concerns over consistency with the Critical Area Ordinance. pg 140 Staff Recommendation: Staff recommends approval of the Critical Area Permit as proposed, with the conditions cited above. The proposal makes use of the property consistent with the R-1 zoning regulations, and utilizes the property with the least impact on the vulnerable parts of the property, such as the steeper areas to the rear. Reuse of the existing driveway will also reduce impacts resulting from the construction. Supplementary Materials: 1. Application Materials dated 6-29-12 pg 141 Draft Findings of Fact for Approval Critical Area Permit 1256 Sibley Memorial Highway 1. The required maximum building height of 25 feet (as measured from average front grade to average roof height) is met by the proposal 2. No construction will occur on slopes of greater than 18%. 3. No construction will occur within 40 feet of the top of the bluff (defined as land that exceeds 40% slope). 4. Use of natural, or natural-looking, materials wherever practical. 5. There are no visual impacts of the construction from view of the river. pg 142 Do d d R d 1st Ave 3rd Ave 2nd Ave Evergr e e n K n Syl v a n d a l e R d Va n d a l l S t Maple Park Dr Emers o n A v e M e d o r a R d 4th Ave Ivy Falls Ave C h e r r y H i l l R d K n o l l w o o d L a Fa r m d a l e R d Sunset La Brookside La Arcad i a D r La u r a S t Upper Colonial Dr So m e r s e t R d Park Place Dr C l e m e n t S t Wa c h t l e r A v e Park Cir Lower Colonial Dr Ivy Fa l l s C t Bluff Cir S y l v a n d a l e C t G r y c C t Maple Park C t K n o l l w o o d C t La u r a S t C l e m e n t S t 1256 Wachtler Ave. Site Location Map Water/Wetlands Major Roads City Roads Municipal Boundaries pg 143 pg 144 pg 145 pg 14 6 pg 14 7 pg 14 8 pg 14 9 CITY OF MENDOTA HEIGHTS NOTICE OF HEARING A PUBLIC HEARING ON A REQUEST FOR A CRITICAL AREA PERMIT TO CONSTRUCT A SINGLE FAMILY HOME AT 1256 WACHTLER AVENUE. TO WHOM IT MAY CONCERN: NOTICE is hereby given that the Planning Commission of Mendota Heights will meet at 7:00 P.M., or as soon as possible thereafter, on Tuesday, July 24, 2012 in the City Hall Council Chambers, 1101 Victoria Curve, Mendota Heights, Minnesota, to consider an application from Thomas and Kim Wieser to construct a single family home at 1256 Wachtler Avenue. This notice is pursuant to Title 12 (Zoning), Chapter 1 of the Mendota Heights City Code. Such persons as desire to be heard with reference to this request will be heard at this meeting. Lorri Smith City Clerk pg 150 Dakota County, MN Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search, appraisal, survey, or for zoning verification. Map Scale 1 inch = 310 feet pg 151 DATE: August 7, 2012 TO: Mayor, City Council and City Administrator FROM: Jake Sedlacek, Assistant to the City Administrator SUBJECT: Planning Case 2012-22, Wetlands Permit 953 Wagon Wheel Trail BACKGROUND At the July 3, 2012 city council meeting, the council passed a resolution approving planning case 2012-18, a request to subdivide the parcels of land at 953 Wagon Wheel Trail by adjusting the lot line between those parcels. Planning application 2012-22 was presented to the planning commission on July 24, 2012 for a wetlands permit to construct a new single family home on one of the two lots at 953 Wagon Wheel Trail. The affected parcel is zoned residential, guided for low density residential and has been undeveloped. The planning application was deemed complete June 15, 2012. The 60 day review period is set to expire on August 14, 2012. Public notice was published in the city’s legal newspaper and mailed to property owners within 350 feet of the parcel. Planner Grittman reviewed his report on the request, stating that while the application does not provide fully engineered plans, it does provide for the scope of the project, and does not appear to raise any issues of concern for a wetlands permit. As the applicant moves forward with the project, all building and grading permits must adhere to the requirements of the Land Disturbance Guidance Document, as applied by engineering staff. The commission sought clarification on the nature of the buffer area to the wetland edge, and about a set of stairs proposed on the application. The applicant intends to maintain a vegetated 25 foot buffer between the wetland edge and the proposed home. The steps are requested to access the pond with a canoe or paddleboat. The commission was supportive of this idea, and crafted a condition of approval for staff to have review over final plans for the access. Staff clarified that any work within the wetland itself would require review and approval by the Minnesota Department of Natural Resources. There were no comments at the public hearing. BUDGET IMPACT N/A RECOMMENDATION pg 152 At their July 24, 2012 meeting, the planning commission voted 6:0 to recommend approval of the wetlands permit with the findings provided by the city planner, and an additional condition, as worded in the attached resolution. If city council wishes to implement this recommendation, pass a motion adopting the attached resolution, A RESOLUTION APPROVING A WETLANDS PERMIT AT 953 WAGON WHEEL TRAIL. This action requires a simple majority vote. pg 153 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2012-54 A RESOLUTION APPROVING A WETLANDS PERMIT AT 953 WAGON WHEEL TRAIL. WHEREAS, Greg Quehl has applied for a wetlands permit to construct a new home at 953 Wagon Wheel Trail (PID 27-16400-00-140, Lot 14 CAROLINE’S LAKE VIEW and PID 27-16400-00- 151, Lot 15 CAROLINE’S LAKE VIEW) as proposed in planning case 2012-22; and WHEREAS, the planning commission held a public hearing on this matter at their regular meeting July 24, 2012. NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council that a wetlands permit as proposed in planning case 2012-22 is hereby approved with the following findings of fact: 1. The project meets the intent of the Wetlands Ordinance. 2. The project retains a 25 foot vegetative buffer adjacent to the wetland edge. 3. The wetland itself will otherwise be untouched. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that a subdivision as proposed in planning case 2012-18 is hereby approved with the following conditions: 1. The applicant submit final design and construction drawings for city staff review and approval 2. The 25 feet closest to the wetland will remain in an undisturbed state except for the proposed egress area, which would be subject to city staff review and approval. Adopted by the City Council of the City of Mendota Heights this seventh day of August 2012. CITY COUNCIL CITY OF MENDOTA HEIGHTS ___________________________ Sandra Krebsbach, Mayor ATTEST ______________________________ Lorri Smith, City Clerk pg 154 MEMORANDUM TO: Mendota Heights Planning Commission FROM: Stephen W. Grittman DATE: July 18, 2012 MEETING DATE: July 24, 2012 SUBJECT: Subdivision and Wetlands Permit CASE NO: Case No. 2012-22; NAC Case 254.04 – 12.14 APPLICANT(S): Gregory Quehl LOCATION: 953 Wagon Wheel Trail ZONING: R-1, One Family Residential GUIDE PLAN: Low Density Residential Background and Description of Request: The applicant received approval to re-subdivide two existing parcels along Wagon Wheel Trail to create two buildable parcels as part of an application heard at the June Planning Commission meeting. The two lots both have their frontage on Wagon Wheel Trail. The re-subdivision created a new 20,000 square foot lot in the southeast corner of the parcel, with 100 feet of frontage on Wagon Wheel, and 200 feet of depth from north to south. The applicant’s materials refer to this parcel as Lot B1. The remaining lot (labeled “A1” in the subdivision application) has approximately 312 feet of frontage on Wagon Wheel, and extends behind the other parcel to the depth of the original lot. This lot has more than 4 acres of land, although much of that would be covered by the wetland as noted. About half of that 4 acres would appear to be upland. The applicant proposes to construct a new home on the northeast portion of Lot A1, and gain access to the new home over a private driveway to be constructed on the unimproved right of way that forms the east boundary of the subject property. This right of way would be shared by the adjoining property owner to the east, who utilizes a pg 155 portion for his own private driveway. Construction of a new home in the proposed location requires a wetlands permit, the subject of this report. Analysis: Wetlands Permit. For any construction or land alteration within 100 feet of a wetland, the City requires a wetlands permit to ensure that the activity is completed in a manner that has no negative impact on the water body. In this case, the applicant would construct a new home within about 35 feet of the wetland edge, indicating also that the 25 feet along the wetland would be retained and treated as buffer to minimize direct runoff. Along with the construction, the applicant indicates that he would alter the existing grade with fill from the excavation for the home to create a look-out basement above what is a relatively shallow water table. Because details of the grading, construction, and subsequent landscape cover are not available, the wetland permit was originally withheld at the June Planning Commission meeting. The concern was that until those plans can be prepared and reviewed by City staff, a recommendation on the Wetlands Permit was premature. Since the original review, the applicant has discussed his plans in more detail with City staff. Although formal construction details have not yet been developed, the City’s Engineering staff believes that the extent of wetland buffer impacts is within a range that can be addressed through final building permit plans. Action Requested: Following a public hearing, the Planning Commission may consider the following recommendations: Wetlands Permit. A. Recommendation for approval, with the condition that the applicant submit final design and construction drawings for City Staff review and approval. B. Recommendation for denial, based on a finding that the applicant has not submitted adequate information for review ensuring protection of the wetland. C. Recommendation to table the Wetlands Permit, providing time for the applicant to submit design and construction drawings for staff review, and Planning Commission consideration. pg 156 Staff Recommendation: Although the applicant is still working on final plans, Engineering staff is comfortable with a recommendation for approval at this time. With this recommendation would be the condition noted in Alternative A above, requiring final design and construction drawings for City Staff review and approval prior to construction, grading, or excavation. Supplementary Materials: 1. Application materials dated 5-23-12 pg 157 Dodd Road Le x i n g t o n A v e Wagon Wheel Tr Lake Dr Ti m m y S t Cheri La Th e r e s a S t Wi l l i a m C t Bluebill Dr Dakota Dr Sw a n D r Pa t r i c i a S t Cullen St Kay Ave Sw a n C t Carmen La Ro g e r s C t Al i c e L a Mendakot a D r Victoria C v Su m m i t L a Mary Adele Ave Wa l s h L a M e n d a k o t a C t Crown Cir 953 Wagon Wheel Trail Site Location Map Water/Wetlands Major Roads City Roads Municipal Boundaries pg 158 pg 159 pg 160 MEMORANDUM TO: Mendota Heights Planning Commission FROM: Stephen W. Grittman DATE: June 22, 2012 MEETING DATE: June 26, 2012 SUBJECT: Subdivision and Wetlands Permit CASE NO: Case No. ; NAC Case 254.04 - APPLICANT(S): Gregory Quehl LOCATION: 953 Wagon Wheel Trail ZONING: R-1, One Family Residential GUIDE PLAN: Low Density Residential Background and Description of Request: The applicant is seeking to re-subdivide two existing parcels along Wagon Wheel Trail to create two buildable parcels. The current two lots both have their frontage on Wagon Wheel Trail. The easterly parcel contains a single family home to be removed if the subdivision is approved. The westerly parcel is covered by wetland and is currently unbuildable, although it is a separate legal parcel. The proposed re-subdivision would combine the two lots, then carve out a new 20,000 square foot lot in the southeast corner of the parcel, with 100 feet of frontage on Wagon Wheel, and 200 feet of depth from north to south. The applicant’s materials refer to this parcel as Lot B1. The remaining lot (labeled “A1”) would have approximately 312 feet of frontage on Wagon Wheel, and extend behind the other parcel to the depth of the original lot. This lot would have more than 4 acres of land, although much of that would pg 161 be covered by the wetland as noted. About half of that 4 acres would appear to be upland. The applicant proposes then to construct a new home on the northeast portion of Lot A1, and gain access to the new home over a private driveway to be constructed on the unimproved right of way that forms the east boundary of the subject property. This right of way would be shared by the adjoining property owner to the east, who utilizes a portion for his own private driveway. Construction of a new home in the proposed location would require a wetlands permit. Analysis: Subdivision. The proposed subdivision of the two parcels would result in no additional lots overall, however, the currently lot line arrangement precludes development of the westerly parcel due to the wetland. Although the total area of the subdivision is more than 4.7 acres, there is just over 2 acres of upland, and usable frontage on Wagon Wheel Trail is also limited due to the extend of the wetland coverage. The rearrangement as proposed appears to be reasonable, and meets the City’s lot size requirements of at least 100 feet of frontage and 15,000 square feet of lot area. Both lots would meet or exceed these dimensions. The applicant has made two other requests in relation to the subdivision. First, he has noted a request to remove a street easement that exists in the southwest corner of the subject property. The process to consider vacation of an easement is separate from any planning action. As such, staff has directed the applicant to make this request independently of the planning application. The second request relates to the construction of the new home and the provision of public services. The applicant proposes to locate the home to the north along the unimproved right of way. Access to the home would then be via a private drive within that right of way, eventually joining with an existing private drive serving the adjoining property. The City Engineer has expressed a willingness to consider this arrangement. To accomplish this, the applicant must negotiate a maintenance agreement with the current driveway user – this agreement should address shared costs of ongoing maintenance as well as long-term reconstruction. The City Attorney should review the agreement to ensure that it does not bind the City in any way, including the City’s right to improve the right of way to City street standards and assess those costs to the property owners, or to abandon or vacate the right of way in the future. In addition, the agreement should specify that the property owners hold the City harmless for any liability relating to the private improvements The private use of the right of way is accompanied by a request to provide sewer and water service via private service lines from Wagon Wheel Trail, rather than extend any new City trunk or main lines. The City Engineer has likewise indicated the acceptability pg 162 of this service arrangement, so long as the private utilities are not located in any right of way. Wetlands Permit. For any construction or land alteration within 100 feet of a wetland, the City requires a wetlands permit to ensure that the activity is completed in a manner that has no negative impact on the water body. In this case, the applicant would construct a new home within about 35 feet of the wetland edge, indicating also that the 25 feet along the wetland would be retained and treated as buffer to minimize direct runoff. Along with the construction, the applicant indicates that he would alter the existing grade with a substantial amount of fill to create a walk-out basement above what is a relatively shallow water table. Because details of the grading, construction, and subsequent landscape cover are not available, it would appear that the wetland permit should be withheld until those plans can be prepared and reviewed by City staff, and a recommendation can be made to the Planning Commission. Based on the staff’s preliminary discussions with the applicant, it is presumed that an acceptable plan can be worked out, however, a more complete application package would be necessary to make any formal comments. Action Requested: Following a public hearing, the Planning Commission may consider the following recommendations: Subdivision. A. Recommendation for approval, based on findings of fact attached to this report, and subject to the following conditions: 1. The applicant enter into a maintenance agreement for use of the public right of way with the City and adjoining property owner, to be approved by the City Attorney. 2. The need for drainage and utility easements is reviewed and addressed by the City Engineer. 3. The applicant obtain a certificate of survey with final legal descriptions for recording with Dakota County. B. Recommendation for denial, based on a finding that the proposed subdivision would be premature without more detailed development plans for the two parcels. pg 163 Wetlands Permit. A. Recommendation for approval, with the condition that the applicant submit fina l design and construction drawings for City Staff review and approval. B. Recommendation for denial, based on a finding that the applicant has not submitted adequate information for review ensuring protection of the wetland. C. Recommendation to table the Wetlands Permit, providing time for the applicant to submit design and construction drawings for staff review, and Planning Commission consideration. Staff Recommendation: Staff recommends approval of the subdivision, with the conditions noted. The subdivision meets the technical dimensional requirements of the zoning ordinance and will provide two parcels with appropriate buildable areas. Access and utility service can be accommodated, provided the applicant address the maintenance issues noted in this report. With regard to the Wetlands Permit, staff recommends tabling action until the appropriate plan detail can be completed and submitted for review. It appears that there will be appropriate opportunities for construction and land alteration as describe d by the applicant in his materials, however, detailed plans need to be submitted to verify the conditions of any permit to be issued, particularly in this case where a new home, combined with significant amounts of fill and grading are expected. Supplementary Materials: 1. Application materials dated 5-23-12 pg 164 Draft Findings of Fact for Approval Subdivision 953 Wagon Wheel Trail 1. The subdivision results in a net increase of no new parcels. 2. The subdivision provides lots that meet and/or exceed all of the applicable zoning criteria for lots in the R-1 zoning district. 3. The subdivision can be accommodated with existing public services. 4. The access and services to the parcels are acceptable, provided the required agreements are executed governing construction and maintenance as noted in the staff report. pg 165 Aerial Photo with Existing Lot Lines and Dimensions pg 16 6 pg 167 pg 168 pg 169 pg 170 pg 171 pg 172 pg 173 pg 174 DATE: August 7, 2012 TO: Mayor, City Council and City Administrator FROM: Jake Sedlacek, Assistant to the City Administrator SUBJECT: License to Utilize Right of Way, Quehl BACKGROUND Mr. Greg Quehl has a purchase agreement for the two parcels located at 953 Wagon Wheel Trail. Mr. Quehl has previously submitted a request for subdivision/lot line adjustment and a request for a wetlands permit to build a single family home on one of the lots. There is adequate room to construct a driveway upon the lot in question, but Mr. Quehl would prefer to access the property from an unimproved Right of Way (ROW) which lies to the east of 953 Wagon Wheel Trail. Mr. Quehl would like to orient the new home towards the right-of-way, in the event that the city allows a public road to be constructed. Staff discussed this request with Mr. Quehl, including the concept of a license to utilize the right of way. The attached document is based upon license the city has approved in the past. A license allows the licensee to utilize the property, but spells out clearly that the city still has ownership and development rights to the property. Any investments the licensee makes would be at their own risk. BUDGET IMPACT N/A RECOMMENDATION Staff is recommending approval of the license. If city council wishes to implement this recommendation, pass a motion authorizing the mayor to execute the attached document, A LICENSE TO UTILIZE UNIMPROVED RIGHT OF WAY. This action requires a simple majority vote. pg 175 LICENSE AGREEMENT This License Agreement (the “LICENSE”) is made this Seventh day of August, 2012, between THE CITY OF MENDOTA HEIGHTS, a Minnesota municipal corporation (the “CITY”) and Gregory Quehl (the “LICENSEE”). RECITALS WHEREAS, LICENSEE owns real property in the CITY located at 953 Wagon Wheel Trail (LICENSEE’S PROPERTY); and WHEREAS, LICENSEE’S PROPERTY is contiguous to an unimproved right of way owned by the CITY (the “LICENSED PREMISES); and WHEREAS, LICENSEE intends to build a single family home on the lot, which would be positioned to access the right of way if improved at a future date; and WHEREAS, the CITY desires to allow LICENSEE to utilize the unimproved right of way for a private drive until such time as the right of way is improved. LICENSE NOW, THEREFORE, in consideration of the terms and conditions contained herein, and $1.00 and other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto agree as follows: 1. Grant of License. The CITY does hereby grant LICENSEE a non-exclusive revocable license to maintain a driveway within the unimproved right of way shown in Exhibit A east of the 935 Wentworth Avenue. Such license shall extend to LICENSEE only. 2. No Interest Created. LICENSEE certifies, represents and acknowledges that it has no title in or to the LICENSED PREMISES, nor to any portion thereof, and has not, does not and will not claim any such title nor any easement over said land of the CITY. LICENSEE acknowledges that is not acquiring any easement by necessity or otherwise over the LICENSED PREMISES. 3. Improvements. Licensee shall not make any additions or improvements in or to the LICENSED PREMISES without the CITY’s prior written consent. 4. Indemnification. LICENSEE shall hold the CITY harmless from and indemnify and defend the CITY against any claim or liability arising in any manner from LICENSEE’s use of the LICENSED PREMISES, or relating to the death or bodily injury to any person or damage to any personal property present on or located in or upon the LICENSED PREMISES, including the person and personal property of LICENSEE or LICENSEE’s employees, invitees and guests. LICENSEE agrees to pay all sums of money in respect of any labor, service, materials, supplies or equipment furnished or alleged to have been furnished to LICENSEE in or about the LICENSED PREMISES, and not furnished on order of the CITY. LICENSEE may contest any lien for such services, materials, supplies or equipment, on the condition that LICENSEE first provides to the CITY cash, bond, or other security against such lie which the CITY reasonably determines to be sufficient. pg 176 5. Assignment or Sublicensing. LICENSEE shall not sublicense any portion of the LICENSED PREMISES or transfer or assign this LICENSE without obtaining the prior written consent of the CITY, which consent the CITY may grant or deny at the CITY’s sole discretion. The CITY’s consent to any sublicensing or assignment of this LICENSE shall not be a waiver of the CITY’s right under this Section as to any sublicensing or assignment. LICENSEE’s assignment of this LICENSE or sublicensing of the LICENSED PREMISES shall not relieve LICENSEE from any of LICENSEE’s obligations under this LICENSE. 6. Notices. All communications, notices and demands of any kind that either party may be required or desires to give to or serve on the other party shall be made in writing and personally delivered or certified U.S. mail, return receipt requested to the following addresses: To the City: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Attention: City Administrator With a copy to: Winthrop and Weinstine, P.A. Suite 3500 225 South Sixth Street Minneapolis, MN 55402 Attention: Mendota Heights City Attorney To Licensee: Greg Quehl 953 Wagon Wheel Trail Mendota Heights, MN 55120 7. No Reliance on CITY’s Representations. Neither the CITY nor any agent or representative of the CITY has made any warranty or other representation with respect to the LICENSED PREMISES. 8. Termination and Surrender. The CITY reserves the right to terminate this LICENSE at will and upon termination of this LICENSE by the CITY LICENSEE shall peaceably surrender the LICENSED PREMISES. 9. Miscellaneous. a. Choice of Law. The laws of the State of Minnesota shall govern the validity, performance and enforcement of this LICENSE. b. Counterparts. This LICENSE may be executed in one or more counterparts, each of which, when taken together will be deemed to be an original. pg 177 c. Amendment or Modifications. This LICENSEE may not be changed or modified orally, but only upon written agreement signed by the party against whom enforcement of any waiver, change, modification or discharge is sought. d. Severability. If any term or provision in this LICENSE is deemed to be invalid or unenforceable, the remainder of the LICENSE shall remain in effect and be enforceable to the fullest extent permitted by law. e. Time is of the Essences. Time is of the essence in the performance of all obligations under this LICENSE. IN WITNESS WHEREOF, the CITY and LICENSEE have caused these presents to be executed in form and manner sufficient to bind them at law, as of the day and year first above written. CITY: LICENSEE: CITY OF MENDOTA HEIGHTS, _______________________________________ A Minnesota municipal corporation Gregory Quehl By: ____________________________________ Its: ____________________________________ pg 178 pg 179