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2012-08-21 Council PacketCITY OF MENDOTA HEIGHTS CITY COUNCIL AGENDA August 21, 2012 – 7:00 p.m. Mendota Heights City Hall 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Adopt Agenda 5. Consent Agenda a. Acknowledgement of August 7, 2012 City Council Minutes b. Acknowledgement of August 8, 2012 Airport Relations Commission Minutes c. Receipt of July Fire Synopsis Report d. Approval of Request for Proposals for Supplemental Insurance Offerings e. Authorization to Complete Acquisition of 2454 Lemay Lake Road f. Approval of Critical Area Permit for a Fence at 1646 Mayfield Heights Road, Planning Case 2012-25 g. Acceptance of Donations to Night to Unite h. Approval of Out of State Travel Request i. Approval of Subordination Agreement with CG Mendota Heights WPSL, LLC j. Approval of Contract for 2012-2014 City Audit Services k. Appointment of Probationary Firefighters l. Accept Feasibility Report for Hunter and Orchard Neighborhood Street Improvements m. Approval of Assessment Appeal Settlement Agreement n. Award of Bid for 2012 Sanitary Sewer Rehabilitation Project o. Approval of Temporary On-Sale Liquor Licenses p. Receipt of July Par 3 Report q. Receipt of July 2012 Treasurer’s Report r. Approval of Contractors List s. Approval of Claims List 6. Public Comments 7. Public Hearings a. National Pollutant Discharge Elimination System (NPDES) Phase II Storm Water Permit for Municipal Separate Storm Sewer System (MS4) 8. Unfinished and New Business a. Approval of Sale of Bonds for 2012 Street Projects b. Approval of Limited Use Permit for Interstate Valley Creek Trail Relocation c. Approval of Deer Population Management Plan 9. Council Comments 10. Adjourn page 1 August 7, 2012 Mendota Heights City Council Page 1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, August 7, 2012 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 8:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Krebsbach called the meeting to order at 8:00 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 agenda for adoption. Councilmember Duggan moved adoption of the 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 C) Acknowledgement of July 24, 2012 Planning Commission Minutes; H) Approval of Conditional Use Permit for Wireless Facility, Planning Case 2012-25 ISD 197 and Sprint Communications; 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; M) Approval of Traffic Safety Committee Recommendations; and Q) Approve the Claims List 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. Peter’s Church g. Approval of Banking Authorization Signatory Change page 2 August 7, 2012 Mendota Heights City Council Page 2 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. Approve the Contractors List q. Approve the Claims List Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA TOPICS C) ACKNOWLEDGEMENT OF JULY 24, 2012 PLANNING COMMISSION MINUTES Mayor Krebsbach spoke briefly on the zoning amendment pertaining to the new property maintenance code for commercial and industrial properties. She explained that the council wants the Planning Commission to have a thorough discussion on this item with no arbitrary timeline or hidden intent; the council wants them to debate it, make a recommendation, and move it on. Assistant to the City Administrator Jake Sedlacek stated the Planning Commission has discussed the planning application by the City of Mendota Heights regarding a property maintenance code for commercial properties at three meetings. The Planning Commission tabled the item twice previously; however, at the July 24 meeting they had an in-depth discussion about their particular concerns. Staff hopes to have this before the Council in September with the Planning Commission’s recommendation. Councilmembers Petschel and Duggan explained they had read or watched the Planning Commission session and believe they are making progress on this issue and understand the reasoning behind tabling it. Councilmember Duggan moved to Acknowledge the July 24, 2012 Planning Commission Minutes. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 page 3 August 7, 2012 Mendota Heights City Council Page 3 H) APPROVAL OF CONDITIONAL USE PERMIT FOR WIRELESS FACILITY, PLANNING CASE 2012-25 ISD 197 AND SPRINT COMMUNICATIONS Councilmember Duggan questioned the concept of ‘modification’ versus ‘replacement’; however, after reading through the notes he realized that it is actually both modifications and replacements so that has been resolved. Councilmember Duggan also expressed concern that the antenna is to be six feet rather than the four feet permitted in the city ordinance. The city has been assured that the antenna will not be visible. He asked if there is any recourse if it turns out that it is visible. Councilmember Petschel pointed out that item two of the Conditional Use Permit does cover this issue because it states, “The proposed antenna and accessory equipment modifications are consistent with the intent of the conditional use permit criteria allowing such features.” Councilmember Duggan moved Approval of Conditional Use Permit for Wireless Facility, Planning Case 2012-25 ISD 197 and Sprint Communications. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 J) APPROVAL OF RESOLUTION CALLING FOR SALE OF GENERAL OBLIGATION IMPROVEMENT BONDS FOR 2012 STREET IMPROVEMENT PROJECTS Mayor Krebsbach explained that the Councilmembers had before them a revised document; the major change being that the total amount being bonded for is $2,655,000. The reasons for that were outlined on page one. Finance Director Kristen Schabacker explained there were two changes from the report in the Council packet and what was before them. Originally, the Marie project was listed as a reconstruction and it is actually rehabilitation so the assessments are over ten years versus nineteen years with a reconstruction. The total amount of the bonds increased by $15,000 and staff will not be levying an amount for these bonds in 2013 but in 2014, as done in the past. Councilmember Duggan moved Approval of Resolution Calling for Sale of General Obligation Improvement Bonds for 2012 Street Improvement Projects as changed. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 page 4 August 7, 2012 Mendota Heights City Council Page 4 K) ACCEPTING OF FEASIBILITY REPORT FOR CROWN POINT & OVERLOOK NEIGHBORHOOD REHABILITATION Councilmember Petschel asked City Engineer John Mazzitello to clarify the feasibility report. City Engineer Mazzitello explained that as part of a street rehabilitation project under Minnesota Statute 429, the first step in that process is the production of a feasibility report, which helps determine the economics of the project. The feasibility report before the Council was for two projects proposed for the 2013 construction season, the Crown Point Neighborhood (located off of Highway 110) and the Overlook Neighborhood (just north of Marie and east of Lexington). City Engineer Mazzitello explained that these subdivisions are quite aged, their roadway surfaces are in need of replacement, and the feasibility study outlines the construction cost estimate and proposed residential assessments that would come with these projects. The total construction cost estimate for both projects combined was estimated at $761,211.25. Staff proposed a unit assessment for the neighborhoods of $3,650, which is consistent although not identical with other rehabilitation assessments done in the past. Should Council accept the feasibility report, the following steps would begin: 1. Staff would begin producing design plans 2. Neighborhood meetings would be held 3. Public hearing at City Council would be held 4. Should Council choose to do so, they would order the final plans and specifications If the project development process follows as scheduled, staff would open bids in March 2013 and award a contract in April 2013 for a May to June construction start, ending later that summer, and then hold an assessment hearing in October 2013. Councilmember Petschel asked if the reason for combining the two projects into one was to get a better bid. City Engineer Mazzitello replied in the affirmative. Mayor Krebsbach asked for a listing of the projects anticipated for the 2013 construction season, which City Engineer Mazzitello verbally provided. Mayor Krebsbach asked if the Public Works Department has the capacity to do all of the projects, which City Engineer Mazzitello replied that they do have the capacity. She also asked if the bonding / debt load was appropriate, which Finance Director Schabacker replied in the affirmative. Councilmember Petschel moved Acceptance of Feasibility Report for Crown Point & Overlook Neighborhood Rehabilitation. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 page 5 August 7, 2012 Mendota Heights City Council Page 5 M) APPROVAL OF TRAFFIC SAFETY COMMITTEE RECOMMENDATIONS City Engineer John Mazzitello explained that the Traffic Safety Committee met on July 17, prior to the Council Workshop. They heard seven issues at the meeting, three of which were follow-ups from previous meetings and four were new issues. Follow-up Issues: 1. Request for a stop sign at James and Douglas – determination was made that the current yield sign could be more visible if the right-of-way area on the north side of Douglas were to be cleared; however, it would create a substantial difference in the neighborhood for that block versus the rest of the neighborhood. The committee recommended installing another yield sign on the opposite corner that can be seen by approaching traffic. 2. Speed and pedestrian safety on Sylvandale Road – this was a sight distance analysis issue and after looking at Sylvandale, staff found two areas where the sight distance is limited, one of which was at the corner of Emerson and Sylvandale traveling north and the second was at Sylvandale and Laura. Both of these locations have a very sharp curve and there is a home that obstructs the view around the curve on Sylvandale and Laura. Both of these roadway curves slow down traffic to navigate the curves. It was the committee’s determination that there were not any modifications for signage needed on Sylvandale at this time. 3. Pedestrian crosswalk on Lexington Avenue at Victoria Road – held to the end of this discussion to allow the residents in attendance to speak. New Issues: 1. Request for speed limit signage at the Summit Development, which is on Highway 13 and Wachtler. The homeowners association contacted staff concerned about the speed of traffic cutting through the development. The committee recommends putting Summit on the speed cart list, doing some speed monitoring, and providing those results to the association. 2. No parking request for the north side of Pueblo Lane, adjacent to Friendly Hills Park – request was made by the Mendota Heights Police Department – similar to the parking scheme on Mendakota Drive, across from the Mendakota Park. The committee endorses the idea; however, before bringing an ordinance forward to City Council, the committee suggested notifying the affected property owners that would be in the area of the no parking area to get their opinion. 3. No parking request on Concord Way at Heritage Drive, requested by a resident of the Kensington Development. Concern is for pedestrian traffic coming out from in between parked cars and that a no parking area would increase pedestrian safety. A previous request from another venue was to decrease speed on Concord Way. Creating a no parking area tends to increase speed. The committee found that these two requests indirectly conflicted with each other. The recommendation of the committee was that issues be sent back to the three associations in the Kensington Development and have them bring forward a request of what they would want. 4. Installation of a traffic signal at Dodd Road and Wagon Wheel, due mainly to concerns for pedestrians and bicycles crossing from Wagon Wheel to Decorah. It was noted that Dodd Road is a state road. The city could request MnDOT look at the potential for a signal. City Engineer Mazzitello has had an informal discussion with the south area manager for MnDOT and she is not very encouraged that a signal would be approved at that intersection due simply to the disparity in traffic between Dodd, Wagon Wheel, and Decorah. page 6 August 7, 2012 Mendota Heights City Council Page 6 Comments and suggestions were made by the Councilmembers, which the committee will follow-up on. Councilmember Petschel moved Approval of Traffic Safety Committee Recommendations with the exception of Follow-up Issue Number Three, Pedestrian Crosswalk on Lexington Avenue at Victoria Road. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 Pedestrian crosswalk on Lexington Avenue at Victoria Road – two trails meet at this intersection, one from Lexington Avenue and one from Victoria Road. This intersection is three full traffic lanes wide – one lane in each direction and a left turn lane. The request was that the crosswalk be striped. There are two accessible ramps but no striping. Lexington Avenue is a county road. Dakota County conducted a speed study and concluded that because traffic is in excess of forty miles an hour going through this intersection, with three traffic lanes, striping would constitute an unsafe crosswalk because striped crosswalks tend to give pedestrians a false sense of security. However, the county engineer did suggest an alternative of installing a concrete raised median in the center of Lexington Avenue, up to the Victoria Road intersection. The southbound and northbound traffic would be able to continue to flow through. The median would provide a safe haven for pedestrians so they would only need to wait for one lane of traffic to clear before crossing, then they could wait at the next lane for traffic before continuing. If this option were to be constructed, there would be a new ramp installed facing west to access Victoria Trail and the raised median and the crosswalk would be striped to connect the two trails. Should this option be chosen, the left turn lane would be eliminated. Left turns would still be allowed out of the southbound lane to eastbound Victoria. The Traffic Safety Committee recommends making the formal request to Dakota County to construct the alternative. The city would be obligated to pays forty-five percent of the construction cost. The county would pay fifty-five percent of the construction cost and would add this project to their capital improvement program. The county has not completed a detailed estimate; however, based on a $60,000 construction cost, the cost to the city would be $25,000. Mr. Jonathan Ehrlich, 1044 Douglas Road, supported enthusiastically the recommendation of the Traffic Safety Committee. He crosses this intersection many times with his two small children and validated the concerns with pedestrian safety. Councilmember Povolny requested that signage be included in the crosswalk request to the county. Councilmember Duggan moved to Approve the Traffic Safety Committee Recommendation. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 page 7 August 7, 2012 Mendota Heights City Council Page 7 Q) APPROVE THE CLAIMS LIST Councilmember Duggan expressed concern with the school district receiving approximately $18,500 every year for maintenance agreements. He asked how long the agreement is for. City Administrator Justin Miller replied that this agreement was approved in 1997 and runs through 2030. Councilmember Duggan requested additional information on what the process is to reserve the fields and courts the residents are entitled to. City Administrator Miller will provide that information and what exactly the monies paid by the city are used for. Councilmember Duggan moved to Approve the Claims List. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS There were no public comments. UNFINISHED AND NEW BUSINESS A) PLANNING CASE 2012-24, WETLANDS PERMIT FOR SINGLE FAMILY HOME, 755 WENTWORTH AVENUE Assistant to the City Administrator Jake Sedlacek explained this request is in regard to a parcel of property north of Wentworth and east of Wachtler Avenue. The new owners of this site are seeking to construct one single family home on the lot in the same general area as the previous building, which has been removed. The new construction would be within one hundred feet of the creek so a wetlands permit would be required. After answering questions in regards to the size of the lot, the location of the wetlands, the potential for subdividing the parcel, and the best location for the new construction, Assistant Administrator Sedlacek stated that staff has found that this home, as proposed, does not have a negative impact on the wetland. The general contractor for the project, Mr. Al Maas from Maas Construction / Meadowcroft Homes was present to answer questions. Mayor Krebsbach asked if the property owner plans to subdivide the property. Mr. Maas replied that he was unaware of any subdivision plans. Mayor Krebsbach asked if the property owner had looked at moving their home further away from the creek. Mr. Maas replied that the location was chosen to take full advantage of the lot, the views, the sun, the topography, etc. and it was determined that this is the best location for the home. Councilmember Vitelli moved Adoption of a Resolution Approving a Wetlands Permit for a Single Family Home at 755 Wentworth Avenue. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 page 8 August 7, 2012 Mendota Heights City Council Page 8 B) PLANNING CASE 2012-23, CRITICAL AREA PERMIT FOR SINGLE FAMILY HOME, 1256 WACHTLER AVENUE Assistant to the City Administrator Jake Sedlacek explained that staff received a request from the property owner to demolish the home that existed at 1256 Wachtler Avenue. The property is located on Wachtler Avenue, just south of Highway 13 and was used previously as a single-family residential site. The new owners are proposing to construct a single family residential home. The proposed home would be located in the critical area and needed to be reviewed to ensure there would be no negative impacts on the Mississippi River in terms of the natural resources and aesthetics. This home would not be visible from the river so the aesthetics would not be a big impact. They would be using natural materials as required by code. In terms of the impact on the river, it is a fairly small home to be constructed on a very large lot and located at the base of the hill, a fairly flat area just off of Wachtler Avenue. The owners are aware of the setbacks in the area and are making sure this home complies with all codes. Staff recommended approval of the critical area permit for the single family home and the Planning Commission made findings to support that conclusion. Councilmember Duggan moved Adoption of a Resolution Approving a Critical Area Permit to Construct a Single Family Home at 1256 Wachtler Avenue. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 C) PLANNING CASE 2012-22, WETLANDS PERMIT, 953 WAGON WHEEL TRAIL Assistant to the City Administrator Jake Sedlacek stated that last month staff received a request from the owner to reconfigure the lot lines in order to put two homes on dry land. The applicant is seeking to build a single family home on the lot, which would be within one hundred feet of a wetland. The home is bordered on the west by a wetland and is proposed to be twenty-five feet from the edge of the wetland. These twenty-five feet would be maintained as a buffer with minimal grading to help create the housing pad but the area would be vegetated. The applicant is requesting egress down to the edge of the water so they can take advantage of living on a pond. The Planning Commission concluded this would not have a negative impact upon the wetland. The wetland permit for the house would be to allow for a housing pad as shown in the application. The engineering staff would then address further detail as it would for any other single family home for grading and land disturbance guidance. Staff recommended approval of the wetland permit. The Planning Commission came up with findings supporting that recommendation. Mr. Greg Quehl, 1361 Riverside Lane, is the applicant and stated he is proposing a ten foot six inch area between the house and the wetlands. That area would be re-landscaped with a swell created between the house and the pond to prevent any sediment from going into the pond. page 9 August 7, 2012 Mendota Heights City Council Page 9 Councilmember Povolny moved Approval of a Resolution Approving a Wetlands Permit at 953 Wagon Wheel Trail. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 D) LICENSE TO USE RIGHT-OF-WAY, QUEHL SUBDIVISION Assistant to the City Administrator Jake Sedlacek explained that Mr. Greg Quehl is requesting to use the existing unimproved right-of-way to the east of the parcel located at 953 Wagon Wheel Trail as a driveway. Staff recommended the city issue a license to the property owner to use the driveway, but it is at their own risk in terms of any improvements they make to it. The city would retain its right for potential development. Mayor Krebsbach asked what are some of the issues with these types of licenses. City Attorney Tami Diehm replied that from the city’s perspective, the license is a very safe way to proceed since the license is revocable. Councilmembers asked questions in regard to the lot access should the license request be denied and if the issuing of this license would create a flag lot; both of which were answered satisfactorily. Councilmember Duggan moved to Approve Execution of a License to Utilize Unimproved Right-of- Way Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 COUNCIL COMMENTS Councilmember Vitelli stated there was a monthly Par 3 Golf Course meeting and everything is very much in order. Revenue year-to-date has exceeded cost by $11,000, mainly due to the efforts and work by City Administrator Justin Miller, Assistant to the City Administrator Jake Sedlacek, and others. Assistant Administrator Sedlacek commented the Par 3 Golf Course hosted the Minnesota Section of the Junior PGA Beginners Tour for the fifth year in a row. Councilmember Petschel commented the Night to Unite was a great event and it was wonderful to see the neighborhoods gathering. page 10 August 7, 2012 Mendota Heights City Council Page 10 CLOSED SESSION TO DISCUSS LITIGATION REGARDING SCOTT AND PHYLLIS MILLER ASSESSMENT APPEAL Mayor Krebsbach stated that, pursuant to Minnesota Statute 13.d.03, council would be going into closed session. Councilmember Duggan moved to adjourn to Closed Session to Discuss Litigation Regarding Scott and Phyllis Miller Assessment Appeal at 9:28 p.m. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 The following were present:Mayor Krebsbach, Councilmembers Duggan, Povolny, Petschel, and Vitelli, City Administrator Miller, Public Works Director/City Engineer Mazzitello, City Attorneys William Bernard and Tami Diehm. ADJOURN Mayor Krebsbach adjourned the closed session meeting at 10:15 p.m. ____________________________________ Sandra Krebsbach Mayor ATTEST: _______________________________ Lorri Smith City Clerk page 11 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AIRPORT RELATIONS COMMISSION MINUTES August 8, 2012 The regular meeting of the Mendota Heights Airport Relations Commission was held on Wednesday, August 8, 2012 at 7:00 p.m. at 1101 Victoria Curve, Mendota Heights, MN. The following commissioners were present: David Sloan, Kevin Byrnes, William Dunn, Paul Portz, Jim Neuharth, and Sally Lorberbaum Absent: Gina Norling (excused), Gretchen Keenan Also present: City Administrator Justin Miller Approval of Minutes Neuharth asked that the July 11, 2012 minutes be amended to add a sentence that reads “The commission directed the following charts continue to be provided – 12L total and nighttime operations, 12R total and nighttime operations, and departures north of the corridor.” Portz made a motion, seconded by Dunn, to approve the amended minutes and all voted in favor. Legislative Delegation Visit Recap The commission agreed that last month’s legislative delegation visit was very useful and that the legislators left with a good appreciation of what the commission works on. Portz noted that the legislators thought it would be worthwhile to have such a meeting on an annual basis. The commission agreed that inviting them back on a regular, but maybe not an annual, basis would be helpful. Inver Grove Heights Joint Meeting Request Update Miller shared the updated request from Inver Grove Heights, including questions that they would like answered. The commission agreed to hold their regular meeting in September and then discuss their questions afterwards or during public comments. The commission asked Miller to include the work plan in materials that are sent to Inver Grove Heights. Acknowledge Receipt of Various Reports/Correspondence The monthly reports for June 2012 were acknowledged and commissioners updated their respective areas of focus. Adjourn Dunn made a motion, seconded by Neuharth, that the meeting be adjourned. All voted in favor. Meeting adjourned at 7:45 pm. page 12 page 13 page 14 DATE: August 21, 2012 TO: Mayor, City Council and City Administrator FROM: Tamara Schutta, HR Coordinator SUBJECT: Employee Supplemental Insurance Request for Proposal BACKGROUND Minnesota Statute 471.6161 requires the city to request proposals every five years for group insurance contracts. It’s time for the city to request proposals for our supplemental insurances (dental, life, short-term and long-term disability insurance) for 2013. On behalf of the city, our agent of record for employee benefits, Financial Concept, Inc. is requesting proposals for the supplemental insurance through September 2, 2012. For your information, attached is a copy of the legal notice. The legal notice will be published in the South-West Review for the weeks of August 12th, 19th and 26th of 2012. The Request for Proposal and information for underwriting are on file with Financial Concepts, Inc. Attachment(s): 1. Supplemental Insurance Request for Proposal Legal Notice. BUDGET IMPACT Not applicable. RECOMMENDATION For informational purposes only. No action required at this time. page 15 THIS IS A LEGAL NOTICE TO BE POSTED IN THE SOUTH-WEST REVIEW ON: AUGUST 12th, 19th and 26th of 2012. LEGAL NOTICE: City of Mendota Heights Request for Proposal – Supplemental Insurance City of Mendota Heights will accept proposals for Group Base and Voluntary Life insurance, Group Short and Long-Term Disability insurance, and Group Dental insurance until September 2, 2012. Proposals should be mailed or emailed to: Jim Sarych (jsarych@fci-benefits.com) Andy Weitnauer (aweitnauer@fci-benefits.com) Financial Concepts, Inc. 9655 Schmidt Lake Road Plymouth, MN 55442 The proposal should be labeled “Proposal – Supplemental Insurance, 2013”. The Request for Proposal and information for underwriting are on file with Financial Concepts, Inc. at (763) 450-1800. No formal opening of proposals will occur. City of Mendota Heights reserves the right to accept or reject any or all proposals, or parts thereof. The Request for Proposal is being made under conditions set forth in Minnesota Statues Section 471.6161. Attachment 1 page 16 DATE: August 21, 2012 TO: Mayor and City Council FROM: Justin Miller, City Administrator SUBJECT: Authorization to Close on 2454 Lemay Lake Road BACKGROUND On June 19th, the City Council approved a purchase agreement with Doris Bohlig for the acquisition of the house and land at 2454 Lemay Lake Road. The city has been acquiring properties in this area for several years as they become available for sale for the purposes of future redevelopment. Staff and legal counsel have been working on setting a closing date for this acquisition, and it appears that the closing will occur sometime around September 1st. In order for this to occur, staff is asking the city council to approve the attached resolution authorizing staff to sign and execute an y documents needed as consistent with the approved purchase agreement. BUDGET IMPACT The purchase agreement calls for a purchase price of $125,000. Funding for the previous purchases of this nature came from the Pre-1998 Non-Increment Revenue Fund. There is sufficient funding in this account for the purchase of the property. RECOMMENDATION Staff recommends that the Mendota Heights City Council approve the attached resolution authorizing staff to sign and execute documents associated with the purchase of 2454 Lemay Lake Road. Approval of this action requires a majority vote of the city council. page 17 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2012- RESOLUTION AUTHORIZING THE PURCHASE OF 2454 LEMAY LAKE ROAD WHEREAS, on June 19, 2012 the Mendota Heights City Council approved a purchase agreement with Doris Bohlig to acquire the property at 2454 Lemay Lake Road; and WHEREAS, on June 26, 2012 the Mendota Heights Planning Commission found that the purchase of this property was consistent with the city’s long-term vision for the area to develop it into a business use; and WHEREAS, all parties involved are now ready to conclude the sale and transfer of the property; NOW THEREFORE BE IT RESOLVED; by t he Mendota Heights City Council that the city administrator or his designee are authorized to sign and execute any and all documents relating to the purchase of 2454 Lemay Lake Road as consistent with the purchase agreement approved by the City Council on June 19, 2012. Adopted by the City Council of the City of Mendota Heights this twenty-first day of August 2012. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST _________________________ Lorri Smith, City Clerk page 18 DATE: August 21, 2012 TO: Mayor, City Council and City Administrator FROM: Jake Sedlacek, Assistant to the City Administrator SUBJECT: Resolution Approving a Critical Area Permit, Planning Case 2012-25 BACKGROUND Mark Johnson has submitted a request for a critical area permit to construct a privacy fence along the rear lot line of his property at 1646 Mayfield Heights Road. The fence otherwise meets all code requirements. City Code allows for an expedited process for minor projects in the critical area. A recent amendment to code, Ordinance 442, provided further detail to which cases can be brought directly to city council. This request has no discernible impact upon the Mississippi River Critical Corridor Area. BUDGET IMPACT N/A RECOMMENDATION Staff recommends approval of the request. 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 PRIVACY FENCE AT 1646 MAYFIELD HEIGHTS ROAD, making any revisions the council deems necessary. If council feels that the application requires full public hearing, pass a motion directing staff to add this item to the September 2012 planning commission meeting. page 19 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2012- A RESOLUTION APPROVING A CRITICAL AREA PERMIT TO INSTALL A PRIVACY FENCE AT 1646 MAYFIELD HEIGHTS ROAD. WHEREAS, Mark Johnson has applied for a critical area permit to install a privacy fence at 1646 Mayfield Heights Road (PID 27-47500.021.00, LOT 2 BLK 1 Mayfield Heights) as proposed in planning case 2012-26; and WHEREAS, the Mendota Heights City Code Title 12, Chapter 3 allows minor developments for single-family dwellings to be forwarded to city council without planning commission review; and WHEREAS, the city staff recognizes the planning application to be a minor development and/or change to a single family dwelling; and WHEREAS, staff recommends approval of the critical area permit as outlined in the planning application. NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council that a critical area permit as proposed in planning case 2012-21 is hereby approved with the following findings of fact: 1. The proposed project creates no new no visual impact on the river. 2. The project includes no changes site grading and erosion control. 3. The property does not have a view of, and cannot be viewed from the Mississippi River. Adopted by the City Council of the City of Mendota Heights this twentyfirst day of August 2012. CITY COUNCIL CITY OF MENDOTA HEIGHTS ___________________________ Sandra Krebsbach, Mayor ATTEST ______________________________ Lorri Smith, City Clerk page 20 page 21 page 22 page 23 page 24 page 25 DATE: August 21, 2012 TO: Mayor, Council and City Administrator FROM: Mike Aschenbrener, Police Chief SUBJECT: Resolution Formally Acknowledging Receipt of Gift to Night to Unite BACKGROUND The city auditor has advised that Minnesota State Statute 465.03 “Gifts to municipalities” requires all donations be acknowledged by resolution. This memo meets Minnesota State Statutory requirements. On Tuesday, August 7th Caribou Coffee donated a large container of coffee to Night to Unite effort. Thank you letters will be sent after the City Council formally accepts the gift. BUDGET IMPACT These donations help offset the costs of running the community celebrations. RECOMMENDATION If Council desires to implement the recommendation, pass a motion adopting Resolution No. 2012-____: “RESOLUTION FORMALLY ACKNOWLEDGING THE RECEIPT OF A DONATION TO THE NIGHT TO UNITE.” page 26 City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 2012- __ RESOLUTION FORMALLY ACKNOWLEDGING THE RECEIPT OF THE GIFT TO THE CITY NIGHT TO UNITE WHEREAS, the City of Mendota Heights desires to follow Minnesota Statute 465.03 “Gifts to municipalities”; and WHEREAS, the Minnesota State Statute requires a resolution to accept gifts to municipalities; and WHEREAS, the City has previously acknowledged gifts with a resolution; and WHEREAS, the City Council of the City of Mendota Heights have duly considered this matter and wish to acknowledge the civic mindedness of citizens and officially recognize their donations. NOW THEREFORE BE IT HEREBY RESOLVED that the City Council of the City of Mendota Heights accepts a donation from Caribou Coffee in support of the Mendota Heights Night to Unite event. Adopted by the City Council of the City of Mendota Heights this 21st day of August, 2012. CITY COUNCIL CITY OF MENDOTA HEIGHTS By_________________________________ Sandra Krebsbach, Mayor ATTEST: By______________________________ Lorri Smith, City Clerk page 27 DATE: August 21, 2012 TO: Mayor, City Council and City Administrator FROM: Tamara Schutta, HR Coordinator SUBJECT: Travel Expense Authorization BACKGROUND Recently the City Council amended and adopted a Travel Authorization and Expense reimbursement Policy. According to the policy, all out-of-state conferences, seminars, workshops, training or other educational related expense must be approved in advance by the City Council at an open meeting and must include an estimate of the cost of the travel. Earlier this year, Fire Inspector Jim Lee received notice that he was accepted to the Department of Homeland Security – United States Fire Administration’s National Emergency Training Center (NETC) to attend the Forensic Evidence Collection course from September 16, 2012 to September 21, 2012. This 6-day intermediate-level course addresses the critical skills essential to the effective collection, packaging, preservation, processing and testing of evidence from a fire and/or explosive scene. All costs with the exception of the meal plan are reimbursed by National Fire Academy (NFA). The cost of the 6-day meal ticket is $167.32. BUDGET IMPACT As noted above. RECOMMENDATION City staff recommends that the City Council approve the meal plan expense of $167.32 for Fire Inspector Jim Lee. If the Council agrees with the recommendation, approve the meal plan expense of $167.32 for Fire Inspector Jim Lee. This action requires a simple majority vote. page 28 Page 1 of 1 DATE: August 21, 2012 TO: Mayor, City Council and City Administrator FROM: Jake Sedlacek, Assistant to the City Administrator SUBJECT: Subordination Agreement, CG Mendota Heights WPSL, LLC BACKGROUND CG Mendota Heights WPSL, LLC is developing Lot 6, Block 1 Mendota Plaza Expansion as detailed in the 4th Amendment to the Planned Unit Development Agreement and the consent to transfer approved by city council earlier this year. Minnwest Bank, M.C. is providing a construction loan to CG Mendota Heights WPSL, LLC for the project, and is requesting a Subordination Agreement as contemplated in section 6.4 of the Planned Unit Development Agreement. A draft of the Subordination Agreement has been attached, as well as Section 6.4 from the development agreement. BUDGET IMPACT The city does not have any right, title or interest in Lot 6, Block 1 of the Mendota Plaza Expansion. The city holds an irrevocable letter of credit pertaining to landscaping. The Subordination Agreement does not preclude the city from seeking corrective action if landscaping is not completed as approved. Staff finds no budget impact as a result of this agreement. RECOMMENDATION Staff recommends approval of the Subordination Agreement. If council wishes to implement the recommendation, pass a motion authorizing the mayor and city clerk to execute the document. This action requires a simple majority vote. page 29 F:\DATA\16261\052\Loan Docs\Subordination Agmt.docx 1 SUBORDINATION AGREEMENT The City of Mendota Heights, Minnesota, a Minnesota statutory city (the “City”), Minnwest Bank, M.V., a Minnesota state banking corporation (the “Lender”), and CG Mendota Heights WPSL, LLC , a Wisconsin limited liability company (the “Borrower”) make this Subordination Agreement (this “Agreement”) effective as of ______________, 2012 (the “Effective Date”). RECITALS A. The Borrower owns that certain real property located in the City of Mendota Heights, Dakota County, Minnesota, legally described as Lot 6, Block 1, Mendota Plaza Expansion, Dakota County, Minnesota (“Lot 6”). B. Mendota Mall Associates, LLP, a Minnesota limited liability partnership (“MMA”) and the City entered into a Planned Unit Development Agreement dated April 30, 2009, recorded August 19, 2012, as Document No. 2747291, as amended by that certain First Amendment to Planned Unit Development Agreement dated January 16, 2010, recorded August 19, 2010, as Document No. 2747292, as amended by that certain Second Amendment to Planned Unit Development Agreement dated June 9, 2010, recorded August 19, 2010, as Document No. 2747293, as amended by that certain Third Amendment to Planned Unit Development Agreement dated October 22, 2010, recorded December 8, 2010, as Document No. 2771092, as amended by that certain Fourth Amendment to Planned Unit Development Agreement dated November 28, 2011, recorded April 10, 2012, as Document No. 2860812, as amended by that certain Fifth Amendment to Planned Unit Development Agreement dated July 3, 2012, recorded July 12, 2012, as Document No. 2879898 (collectively, the “PUD Agreement”) which contains certain rights, duties and obligations relating to the development of Lot 6 and other adjacent property (collectively, the “Development Property”). C. As part of the Borrower’s purchase of Lot 6, MMA and the Borrower entered into a Partial Assignment and Assumption of Planned Unit Development dated July 12, 2012, recorded July 12, 2012, as Document No. 2879900 (the “Partial Assignment”) in which MMA assigned to Borrower all of MMA’s rights and page 30 F:\DATA\16261\052\Loan Docs\Subordination Agmt.docx 2 interests under the PUD Agreement as the PUD Agreement relates to Lot 6, and Borrower assumed all of MMA’s obligations under the PUD Agreement as the PUD Agreement relates to Lot 6. D. The Borrower intends on developing a 46-unit senior assisted living facility and related improvements on Lot 6 (the “Project”). E. In order to finance the Project, the Lender has agreed to extend certain financial accommodations (the “Loan”) to the Borrower pursuant to the terms and conditions of that certain Loan Agreement dated July 12, 2012 (the “Loan Agreement”) and related loan documents (collectively, the “Loan Documents”). In accordance with the Loan Agreement, the Borrower executed and delivered to the Lender a Promissory Note dated July 12, 2012 in the original principal amount of $5,786,006.00 (the “Note”). F. The Borrower’s obligations under the Note and the Loan Agreement are secured by, among other things, a Combination Mortgage, Security Agreement, Fixture Financing Statement and Assignment of Rents and Leases dated July 12, 2012, recorded July 12, 2012 (the “Mortgage”). G. Section 6.4 of the PUD Agreement provides that the City will execute a subordination agreement to allow the Borrower to obtain funds for the Project. H. The Borrower and the Lender have requested that the City subordinate the PUD Agreement to the Mortgage. I. The City has agreed to subordinate the PUD Agreement to the Mortgage pursuant to this Agreement’s terms and conditions. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows: 1. Subordination. The City subordinates in all respects any and all right, title and interest which the City has, may have or may later acquire in Lot 6 pursuant to the PUD Agreement to the lien and interest of the Lender and the Mortgage (including without limitation any extensions, modifications and amendments thereof). In the event that the City enforces its rights and remedies under the PUD Agreement, the City agrees that its rights to Lot 6 shall be subject and subordinate in all respects to the lien of the Mortgage (including without limitation any extensions, modifications and amendments thereof). 2. Notice of Default to Lender. If the City delivers any notice of demand to the Borrower with respect to any Event of Default (as defined in the PUD Agreement), the City will also deliver a copy of such notice or demand to the Lender at the following address: Minnwest Bank, M.V. P.O. Box 7429 St. Cloud, MN 56302-7429 page 31 F:\DATA\16261\052\Loan Docs\Subordination Agmt.docx 3 3. Lender’s Option to Cure. Upon occurrence of an Event of Default under the PUD Agreement, the Lender will have the right in so far as the rights of the City are concerned, at its option, to cure or remedy such Event of Default provided that such cure or remedy is provided within the time frame required by Section 7.1(a) of the PUD Agreement. 4. Collateral Assignment of PUD Agreement. The Borrower has collaterally assigned its rights under the PUD Agreement to the Lender. The Lender will not be deemed to have assumed any of Borrower’s obligations under the PUD Agreement unless and until (a) the Lender has acquired title and control of Lot 6 and the Project, (b) the Lender has notified the City in writing of the Lender’s intent to assume Borrower’s obligations under the PUD Agreement, and (c) upon the condition that the applicable terms and conditions of the PUD Agreement regarding such assumption are met or waived. 5. Lender’s Consent to PUD Agreement Amendments. The parties agree that so long as the Mortgage is a lien on Lot 6 no change or amendment shall be made to the terms of the PUD Agreement without the Lender’s prior, written consent. 6. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. 7. Enforceability. All understandings, agreements, representations and warranties contained in this Agreement are solely for the benefit of the City and the Lender, and their respective successors and assigns and no other party, including, without limitation, the Borrower. 8. Miscellaneous. A. This Agreement shall remain in full force and effect regardless of whether any party in the future seeks to assume, amend, terminate or reform, by litigation or otherwise, their respective agreement with the Borrower. B. The priority or parity of the rights and claims of the City and the Lender as general creditors of the Borrower shall not be effected or impaired by this Agreement. C. This Agreement may not be amended or modified other than by a written agreement signed by all of the parties. D. Minnesota law shall govern this Agreement. [Signature pages to follow] page 32 F:\DATA\16261\052\Loan Docs\Subordination Agmt.docx 4 The undersigned have executed this Agreement as of the Effective Date. City of Mendota Heights, Minnesota By Its Mayor By Its City Clerk STATE OF MINNESOTA ) ) SS COUNTY OF ________________ ) The foregoing was acknowledged before me this ______ day of ____________, 2012, by ____________________ and___________________, the Mayor and City Clerk, respectively, for the City of Mendota Heights, Minnesota, a statutory city under the laws of Minnesota, on behalf of said city. Notary Public page 33 F:\DATA\16261\052\Loan Docs\Subordination Agmt.docx 5 Minnwest Bank, M.V. By Matthew Hodsdon Its Vice President STATE OF MINNESOTA ) ) SS COUNTY OF ________________ ) On this ______ day of ______________, 2012, before me, a Notary Public for this County, appeared Matthew Hodsdon, being by me duly sworn did say he is the Vice President for Minnwest Bank, M.V., and that this instrument was signed on behalf of said Bank by the above-named officer acknowledging said instrument to be its free act and deed. Notary Public page 34 F:\DATA\16261\052\Loan Docs\Subordination Agmt.docx 6 CG Mendota Heights WPSL, LLC By Peter J. Hoeft, Member By Robb F. Majeski, Member STATE OF MINNESOTA ) ) SS COUNTY OF ________________ ) On this ___ day of ____________, 2012, before me, a Notary Public for this County, personall y appeared Peter J. Hoeft, to me personally known, who, being by me duly sworn did say that he is a member of CG Mendota Heights WPSL, LLC, and that said instrument was signed on behalf of said limited liability company by authority of its Members and acknowledged said instrument to be the free act and deed of said limited liability company. Notary Public STATE OF MINNESOTA ) ) SS COUNTY OF ________________ ) On this ___ day of ____________, 2012, before me, a Notary Public for this County, personally appeared Robb F. Majeski, to me personally known, who, being by me duly sworn did say that he is a member of CG Mendota Heights WPSL, LLC, and that said instrument was signed on behalf of said limited liability company by authority of its Members and acknowledged said instrument to be the free act and deed of said limited liability company. Notary Public THIS INSTRUMENT DRAFTED BY: Rinke Noonan (HAM) 300 US Bank Plaza, 1015 West St. Germain Street P.O. Box 1497 St. Cloud, MN 56302-1497 (320) 251-6700 Our File No. 16261.052 page 35 page 36 page 37 DATE: August 21, 2012 TO: Mayor and City Council FROM: Kristen Schabacker, Finance Director SUBJECT: Audit Services BACKGROUND In August 2009, the city went out for RFP’s for auditing services. In November 2009, the city contracted for those services with KDV for a three year term. The three year term has ended. The city is able to extend that contract without seeking bids from other firms. KDV has provided us quotes for a three year extension. The quote contained the following prices. 2012 audit $31,900 2013 audit $32,350 2014 audit $32,900 The cost of the 2011 audit was $31,575. The annual increases range from 1.03% to 1.70%. We have had a good working relationship during the past three audits. They provide a thorough report with useful information. I recommend that we continue to work with KDV and extend the contract for the three years that they have quoted. BUDGET IMPACT This price has been budgeted for in the 2013 budget and will be in subsequent years as well. RECOMMENDATION Staff recommends that the Mendota Heights City Council extend the contract for auditing services with KDV for the 2012 – 2014 audits as quoted above. page 38 DATE: August 21, 2012 TO: Mayor, City Council and City Administrator FROM: John P. Maczko, Fire Chief SUBJECT: Probationary Firefighter Appointments DISCUSSION: The Fire Department is currently authorized for a personnel complement of 36 firefighters. The Department currently has two openings. These vacancies were created by the retirement Training Officer Roy Kingsley and Firefighter Mary Bang. Over the last several months, the Fire Department Officers have been involved in screening new applicants. The screening process included a written application, the completion of a physical agility test that checks for fear of heights and claustrophobia, (two items we cannot overcome with training), an oral interview consisting of myself, HR Coordinator Tammy Schutta and the Fire Officers. We started the process with 11 candidates who expressed interest and finished with three candidates who completed the process. The two candidates discussed below were all selected by the Interview Board as being the best candidates at the current time to fill the open positions. The two candidates selected are: Daniel Bogg lives on Hazel Court and is employed as an inspector by Delta Airlines. Daniel Ober lives on Charlton Ridge in West St. Paul and is Firefighter I certified. He is currently employed as a paramedic with Lake City Ambulance. The two candidates have completed a pre-employment physical, drug screening, criminal history and driving record checks. All have successfully passed. RECOMMENDATION: The Interview Board discussed the appointments of the two firefighters and highly recommends them as probationary firefighters. ACTION REQUIRED: If the Council agrees with the recommendation of me and the Interview Board, they should pass a motion appointing Daniel Bogg and Daniel Ober as probationary firefighters with an effective start date of August 22, 2012. page 39 DATE: August 21, 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 Hunter and Orchard Neighborhood Improvements BACKGROUND The purpose of this memo is to request that the Council approve the feasibility report and schedule a public hearing for the Hunter and Orchard Neighborhood Improvements. Staff identified the Hunter Lane Neighborhood Improvements as a 2013 street reconstruction project in the 2012-2016 Street Improvement Plan (SIP). The Glenhill Road Neighborhood Rehabilitation was identified as a 2013 street rehabilitation project in the 2012-2016 SIP. Due to the close proximity of these projects to each other, staff proposes to combine these two neighborhood improvements into one project to reduce redundancies and staff time. The combined project will be called the Hunter & Orchard Neighborhood Improvements The preparation of a feasibility report for the Hunter and Orchard Neighborhood Improvements was authorized by the Mendota Heights City Council by adopting Resolution 2012-33 at the City Council meeting held on May 1, 2012. This project includes reconstructing the rural sections of Culligan Lane (further referred to as Culligan Lane (East)), Hunter Lane and Orchard. This project also includes rehabilitating the urban sections of Culligan Lane (further referred to as Culligan Lane (West)), Glenhill Road, Orchard Circle, and Veronica Lane. A copy of the feasibility report is attached to this memo. Street Reconstruction – Hunter Lane, Orchard Place, and Culligan Lane (East) The existing rural street sections for Hunter Lane, Orchard Place, and Culligan Lane (East) were constructed in 1975. The roadway width currently varies from 22 feet to 24 feet measured from edge of roadway to edge of roadway. The pavement cross section consists of a 2” bituminous surface over a 6” aggregate base. Sanitary sewer and water main were also installed on these streets in 1975. Concrete curbs and gutters and storm sewers were never installed. The pavement condition varies along Hunter Lane, Orchard Place, and Culligan Lane (East). They are in relatively poor condition, and appear to be near the end of their useful life. These page 40 streets no longer meet the minimum design standards and it is no longer cost effective to continue to repair these streets. Hunter Lane, Orchard Place, and Culligan Lane (East) require a 7-ton street design to meet the City’s Street Rehabilitation and Reconstruction Policy. A street section consisting of a 4” bituminous pavement surface constructed over a 6” aggregate base is recommended. The horizontal alignment of these streets will remain approximately the same. The proposed street width varies from 25 feet to 36 feet wide from face of curb to face of curb. See Appendix C in the feasibility report for the site plan showing proposed street width locations. Storm sewer improvements will consist of adding catch basins and storm sewer pipe and connecting to the existing storm sewer system. St. Paul Regional Water Services (SPRWS) has recommended replacing the existing water main and hydrants on Hunter Lane, Orchard Place and Culligan Lane (East). The existing water main is 6” cast iron pipe and has had a break frequency that exceeds limits recommended by SPRWS. Street Rehabilitation – Culligan Lane (West), Glenhill Road, and Veronica Lane The existing urban street section for Culligan Lane (West) and Glenhill Road were constructed in 1980. Concrete curbs and gutters were installed on these streets and the roadway width currently measures 30 feet from face of curb to face of curb. These streets have a pavement 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 1980. The existing urban street section for Veronica Lane was constructed in 1976. Concrete curbs and gutters were installed on this street and the roadway width currently measures 30 feet from face of curb to face of curb. This street has a pavement 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 1976. Proposed improvements for Culligan Lane (West), Glenhill Road, and Veronica Lane 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 – Orchard Circle The existing urban street section for Orchard Circle was constructed in 1989. Concrete curb and gutters were installed on this street and the roadway widths currently measure 27 feet from face of curb to face of curb at the intersection of Orchard Circle and Orchard Place; and 33 feet from face of curb to face of curb for the remainder of the cul-de-sac. This street has a pavement cross- section consisting of a 3.5” bituminous surface over a 6” aggregate base. Storm sewer, sanitary sewer, and water main were also constructed on this street 1989. Proposed improvements for Orchard Circle will include milling of a 6-foot wide strip adjacent to the existing curb and gutter and placing a 1.5” bituminous overlay extending over the entire width of the roadway, curb and gutter repair, and catch basin repair. page 41 Sanitary Sewer The Veronica Lane Lift Station was originally constructed in 1975. The lift station components are the original equipment and are out of compliance with current standards. The Engineering Department & Utility Department personnel are concerned about the continued reliability of the 37 year old lift station. At the request of city staff, a team of engineers from Bolton and Menk, Inc. (consulting engineers) inspected the lift station. After inspecting the Veronica Lane Lift Station, the rehabilitation of the Veronica Lane Lift Station is recommended and proposed improvements include leaving the existing structure in-place while replacing the existing top slab and access hatch and replacing the pumps, controls, piping, and electrical components to ensure continued reliability and code compliance. 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 $2,399,195.96. 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 reconstruction and 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 RECONSTRUCTION HUNTER LANE, ORCHARD PLACE, AND CULLIGAN LANE (EAST) Assessable Costs $1,028,057.82 Assessment $514,028.91 Assessable Units 46 Estimated Unit Assessment per City Policy $11,174.54 $514,028.84 50% Proposed Unit Assessment $8,850.00 $407,100.00 40% The estimated unit assessments for this street reconstruction project are higher than a typical street reconstruction project due to the large lot sizes. Staff proposes to assess the benefiting properties $8,850/unit in order to bring the assessment rate closer to previous and future reconstruction project costs. ASSESSMENT CALCULATIONS - STREET REHABILITATION CULLIGAN LANE (WEST), GLENHILL ROAD, AND VERONICA LANE Assessable Costs $298,459.38 Assessment $149,229.69 Assessable Units 30 Estimated Unit Assessment per City Policy $4,974.32 $149,229.60 50% Proposed Unit Assessment $3,650.00 $109,500.00 37% 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. page 42 ASSESSMENT CALCULATIONS – MILL AND OVERLAY ORCHARD CIRCLE Assessable Costs $51,394.38 Assessment $25,697.19 Assessable Units 11 Estimated Unit Assessment per City Policy $2,336.10 $25,697.10 50% Proposed Unit Assessment $1,875.00 $20,625.00 40% Project Financing The Hunter and Orchard Neighborhood Improvements are proposed to be financed by special assessments, municipal bond sales, and utility funds. Funding sources and amounts are shown below: FUNDING SOURCES ITEM COST ESTIMATE ASSESSMENT MUNICIPAL BONDS UTILITY FUNDS Street Reconstruction $1,028,057.82 $407,100.00 $620,957.82 Street Rehabilitation $298,459.38 $109,500.00 $188,959.38 Mill and Overlay $51,394.38 $20,625.00 $30,769.38 Curb Replacement $43,156.25 $43,156.25 Storm Sewer $249,212.50 $249,212.50 Water Main $478,915.63 $478,915.63 Sanitary Sewer $250,000.00 $250,000.00 Totals $2,399,195.96 $537,225.00 $883,842.83 $978,128.13 RECOMMENDATION Staff recommends that council accept the feasibility report and schedule the public hearing for October 2, 2012. A neighborhood informational meeting is scheduled for September 17, 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 HUNTER AND ORCHARD NEIGHBORHOOD IMPROVEMENTS (PROJECT #200902). This action requires a simple majority vote. page 43 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2012- A RESOLUTION ACCEPTING FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING ON THE HUNTER AND ORCHARD NEIGHBORHOOD IMPROVEMENTS (PROJECT #200902) WHEREAS, pursuant to Resolution 2012-33, the City Council, on May 1, 2012, ordered a feasibility report to be prepared by the City Engineer with reference to the improvement of Culligan Lane, Glenhill Road, Hunter Lane, Orchard Circle, Orchard Place and Veronica Lane; and WHEREAS, the City Engineer has submitted a report to the City Council with respect to the Culligan Lane, Glenhill Road, Hunter Lane, Orchard Circle, Orchard Place, and Veronica Lane improvements which include: storm sewer, water main replacement, aggregate base, concrete curb and gutter, bituminous surfacing 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 $2,399,195.96. 3. A Public Hearing shall be held on such proposed improvements on the 2nd day of October, 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 twenty-first day of August, 2012. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST _________________________ Lorri Smith, City Clerk page 44 page 45 Feasibility Report Page 2 Project No. 200902 Table of Contents TABLE OF CONTENTS ..................................................................................................................................................... 2 INTRODUCTION ................................................................................................................................................................ 3 AUTHORIZATION ................................................................................................................................................................ 3 SCOPE ................................................................................................................................................................................ 3 LOCATION .......................................................................................................................................................................... 3 RESIDENT INPUT ................................................................................................................................................................. 3 EXISTING CONDITIONS .................................................................................................................................................. 4 STREETS ............................................................................................................................................................................. 4 Hunter Lane, Orchard Place, and Culligan Lane (East) ............................................................................................. 4 Culligan Lane (West), Glenhill Road, and Veronica Lane ........................................................................................... 4 Orchard Circle ............................................................................................................................................................. 5 SANITARY SEWER .............................................................................................................................................................. 5 WATER MAIN ..................................................................................................................................................................... 5 STORM SEWER ................................................................................................................................................................... 6 PRIVATE UTILITIES ............................................................................................................................................................. 6 PROPOSED IMPROVEMENTS ........................................................................................................................................ 7 ROADWAY RECONSTRUCTION ............................................................................................................................................ 7 Hunter Lane, Orchard Place, and Culligan Lane (East) ............................................................................................. 7 ROADWAY REHABILITATION .............................................................................................................................................. 7 Culligan Lane (West), Glenhill Road, and Veronica Lane ........................................................................................... 7 Orchard Circle ............................................................................................................................................................. 8 SANITARY SEWER .............................................................................................................................................................. 8 WATER MAIN ..................................................................................................................................................................... 8 STORM SEWER ................................................................................................................................................................... 8 PRIVATE UTILITIES ............................................................................................................................................................. 8 TRAFFIC/PARKING .............................................................................................................................................................. 9 FUNDING ............................................................................................................................................................................ 9 FEASIBILITY ....................................................................................................................................................................... 9 FUNDING SOURCES AND SPECIAL ASSESSMENTS .............................................................................................. 10 ESTIMATED PROJECT COSTS ............................................................................................................................................. 10 PROPOSED ESTIMATED ASSESSMENTS .............................................................................................................................. 11 Street Reconstruction - Hunter Lane, Orchard Place, and Culligan Lane (East) ...................................................... 11 Street Rehabilitation - Culligan Lane (West), Glenhill Road, and Veronica Lane ..................................................... 11 Mill and Overlay – Orchard Circle ............................................................................................................................ 12 PROPOSED PROJECT SCHEDULE .............................................................................................................................. 13 CONCLUSION ................................................................................................................................................................... 13 APPENDIX A: HUNTER & ORCHARD NEIGHBORHOOD IMPROVEMENTS PROJECT AREA APPENDIX B: QUESTIONNAIRE APPENDIX C: SITE PLAN APPENDIX D: RECONSTRUCTION TYPICAL SECTION APPENDIX E: REHABILITATION TYPICAL SECTION APPENDIX F: MILL AND OVERLAY TYPICAL SECTION APPENDIX G: WATER MAIN REPLACEMENT APPENDIX H: ENGINEER’S OPINION OF ESTIMATED COSTS APPENDIX I: PRELIMINARY ASSESSMENT ROLL page 46 Feasibility Report Page 3 Project No. 200902 INTRODUCTION Authorization The preparation of this report was authorized by the Mendota Heights City Council by adopting Resolution 12-33 at the May 1, 2012, City Council meeting. This project has been designated as City Project No. 200902. The improvements to Culligan Lane, Glenhill Road, Hunter Lane, Orchard Circle, Orchard Place and Veronica Lane are located in Section 27, Township 28, Range 23. Scope This report addresses the feasibility of reconstructing the rural sections of Culligan Lane (further referred to as Culligan Lane (East)), Hunter Lane and Orchard. This report also addresses the feasibility of rehabilitation the urban sections of Culligan Lane (further referred to as Culligan Lane (West)), Glenhill Road, Orchard Circle, and Veronica Lane. Opinions of estimated costs for the associated improvements are noted herein and project funding strategies have been developed in this report. Location The proposed street reconstruction area is shown in Appendix A. Resident Input An informational letter and questionnaire was sent to the forty-five (45) residents of the neighborhood on July 19, 2012, to inform them of the project. Twenty-six (26) of the questionnaires were returned, for a 58% return rate. The two key issues that were asked in the questionnaire were drainage and traffic/pedestrian related issues. The letter, questionnaire and responses are shown in Appendix B. page 47 Feasibility Report Page 4 Project No. 200902 EXISTING CONDITIONS Streets Hunter Lane, Orchard Place, and Culligan Lane (East) The existing rural street sections for Hunter Lane, Orchard Place, and Culligan Lane (East) were constructed in 1975. The roadway width currently varies from 22 feet to 24 feet measured from edge of roadway to edge of roadway. The pavement cross section consists of a 2” bituminous surface over a 6” aggregate base. Sanitary sewer and water main were also installed on these streets in 1975. Concrete curbs and gutters and storm sewers were never installed. Currently, the lack of continuous drainage ditches and culverts ineffectively transports storm water which is resulting in multiple erosion and ponding sites within the proposed project area. The pavement condition varies along Hunter Lane, Orchard Place, and Culligan Lane (East). They are in relatively poor condition, and appear to be near the end of their useful life while the cost to maintain and repair the roadway is steadily increasing. Overlaying or seal coating the pavement is no longer feasible. Based on the extent of cracking, a reconstruction of Hunter Lane, Orchard Place, and Culligan Lane (East) is recommended by our pavement management system. These streets no longer meet the minimum design standards and it is no longer cost effective to continue to repair these streets. Culligan Lane (West), Glenhill Road, and Veronica Lane The existing urban street section for Culligan Lane (West) and Glenhill Road were constructed in 1980. Concrete curbs and gutters were installed on these streets and the roadway width currently measures 30 feet from face of curb to face of curb. These streets have a pavement 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 1980. The storm water from these streets is conveyed to the MNDOT drainage ditch along HWY 110. The existing urban street section for Veronica Lane was constructed in 1976. Concrete curbs and gutters were installed on this street and the roadway width currently measures 30 feet from face of curb to face of curb. This street has a pavement 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 1976. The storm water from this street drains directly from the gutter east to a wetland. Culligan Lane (West), Glenhill Road, and Veronica Lane 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. page 48 Feasibility Report Page 5 Project No. 200902 Based on the extent of fatigue cracking, a rehabilitation of Culligan Lane (West), Glenhill Road, and Veronica Lane is recommended by our 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. Orchard Circle The existing urban street section for Orchard Circle was constructed in 1989. Concrete curb and gutters were installed on this street and the roadway widths currently measure 27 feet from face of curb to face of curb at the intersection of Orchard Circle and Orchard Place; and 33 feet from face of curb to face of curb for the remainder of the cul-de-sac. This street has a pavement cross- section consisting of a 3.5” bituminous surface over a 6” aggregate base. Storm sewer, sanitary sewer, and water main were also constructed on this street 1989. A mill and overlay of the pavement surface along Orchard Circle is recommended by the pavement management system. Sanitary Sewer The sanitary sewer pipes located within the limits of the project site were cleaned and televised in 2008 under a previous city project. The vitrified clay pipes were in good shape with the exception of two sections on Orchard Place that exhibited minor cracking. The 2012-2016 Sanitary Sewer Improvement and Maintenance Plan (SSIMP) proposes having the sanitary sewer pipes located within the limits of this project being cleaned and televised in 2013. If any improvements to the sanitary sewer pipe are identified after the cleaning and televising in 2013, then those improvements would be added as a future project in the annually updated SSIMP. The Culligan Lane Lift Station was originally constructed in 1980 and is in satisfactory condition. The Veronica Lane Lift Station was originally constructed in 1975. The lift station components are the original equipment and are out of compliance with current standards. The Engineering Department & Utility Department personnel are concerned about the continued reliability of the 37 year old lift station. At the request of city staff, a team of engineers from Bolton and Menk, Inc. (consulting engineers) inspected the lift station. The purpose of the inspection was to evaluate the current status of the lift station structure, process and control equipment, electrical components, and mechanical components, and to make recommendations for modifications to ensure continued reliability and code compliance. After inspecting the Veronica Lane Lift Station, engineers from Bolton and Menk recommend rehabilitating the lift station. Water Main St. Paul Regional Water Services (SPRWS) has recommended replacing the existing water main and hydrants on Hunter Lane, Orchard Place and Culligan Lane (East). The existing water main is 6” cast iron pipe and has had a break frequency that exceeds limits recommended by SPRWS. page 49 Feasibility Report Page 6 Project No. 200902 Storm Sewer The drainage for Hunter Lane & Orchard Place is conveyed by ditches to existing storm inlets causing multiple erosion sites. Currently, the lack of continuous drainage ditches and culverts ineffectively transports storm water which is resulting in multiple erosion and ponding sites within the proposed project area. The existing storm system needs to be upgraded to meet today’s standards of the City. The drainage for Glenhill Road & Culligan Lane is conveyed to the MNDOT drainage ditch along HWY 110. The drainage for Veronica Lane is conveyed by curb and gutter which drains to the nearby wetland. These streets have existing storm sewer and 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. page 50 Feasibility Report Page 7 Project No. 200902 PROPOSED IMPROVEMENTS Roadway Reconstruction Hunter Lane, Orchard Place, and Culligan Lane (East) Hunter Lane, Orchard Place, and Culligan Lane (East) require a 7-ton street design to meet the City’s Street Rehabilitation and Reconstruction Policy. For a 20-year design life, a street section consisting of a minimum of 4” bituminous pavement surface constructed over a 6” aggregate base is recommended. The horizontal alignment of these streets will remain approximately the same. The proposed street width varies from 25 feet to 36 feet wide from face of curb to face of curb. See Appendix C for the site plan showing proposed street width. See Appendix D for the reconstruction typical section. An effective way of rebuilding streets to achieve a greater design strength and reduce material costs is to reclaim the existing bituminous surface and incorporate the reclaimed bituminous as part of the base material for building the new streets. The City has utilized this construction procedure with good success on past reconstruction projects. Bituminous reclamation will be utilized where feasible. Driveways that are disturbed due to the street reconstruction 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 project. No additional right-of-ways or easements are anticipated with this project. Roadway Rehabilitation Culligan Lane (West), Glenhill Road, and Veronica Lane The rehabilitation of Culligan Lane (West), Glenhill Road, and Veronica Lane require a 7-ton street design to meet City’s Street Rehabilitation and Reconstruction Policy. Proposed improvements for these streets 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 E for the rehabilitation typical section. 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 project. No additional right-of-ways are anticipated with this project. page 51 Feasibility Report Page 8 Project No. 200902 Orchard Circle Proposed improvements for Orchard Circle include the milling of a 6-foot wide strip adjacent to the existing curb and gutter and placing a 1.5” bituminous overlay extending over the entire width of the roadway. This method should rehabilitate the streets to like new condition and extend the life of the pavement an additional 10-15 years. See Appendix F for the typical mill and overlay section. 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 project. No additional right-of-ways are anticipated with this project. Sanitary Sewer As mentioned before the sanitary sewer pipe and the Culligan Lane Lift Station are in satisfactory condition. This project does not include replacing any of the existing sanitary sewer pipe or improvements to the Culligan Lane Lift Station. The rehabilitation of the Veronica Lane Lift Station is recommended and proposed improvements include leaving the existing structure in-place while replacing the existing top slab and access hatch and replacing the pumps, controls, piping, and electrical components to ensure continued reliability and code compliance. Water Main As mentioned before, SPRWS has recommended replacing the existing water main and hydrants on Hunter Lane, Orchard Place and Culligan Lane (East). The existing water main is 6” cast iron pipe and has had a break frequency that exceeds limits recommended by SPRWS. SPRWS proposes to install 8” ductile iron pipe and replace hydrants. See Appendix G for proposed water main replacements. Storm Sewer The storm sewer system improvements will consist of constructing new storm sewer catch basins and pipes to address existing poor drainage. Existing ditches will be eliminated where possible. Private Utilities The local gas utility company, Xcel Energy, has indicated that they may upgrade or replace gas mains within the project limits. This work is not part of the City's project but will be coordinated to occur prior to our construction activities. No other utility companies have indicated they will be making improvements to their distribution networks in conjunction with our proposed improvements. page 52 Feasibility Report Page 9 Project No. 200902 Traffic/Parking No parking signs will be installed along both sides of the road in all sections of the road that have the 27 foot typical section or less. Along the 30 foot typical section, parking will be allowed on either side of the street. Along the 36 foot typical section, parking lanes will be striped on both sides of the street. Funding Per the City’s Street Rehabilitation and Reconstruction Policy it is proposed that the benefiting property owners will be assessed for the street construction and street rehabilitation. The property tax levy will be used to finance the City’s portion of the street reconstruction and street rehabilitation. Sanitary sewer, storm sewer and water main funds will come from their respective utility accounts. Feasibility From an engineering standpoint, this project is necessary, cost-effective, and feasible and can be accomplished as proposed. page 53 Feasibility Report Page 10 Project No. 200902 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: Culligan Lane, Glenhill Road, Hunter Lane, Orchard Circle, Orchard Place and Veronica Lane. Specific property descriptions included in the above-described area, but not inclusive, are as follows: Beth Jacob Synagogue, Burns Heights, Celia’s Addition, Colliton Place, Genz Addition, Hunter Bluff, Leone Re-Arrangement, Oak Point, Olin Addition, Phillips Hill Addition, Smolik Addition, Sun View Hills, Swanson’s First Addition, Valley View Oaks, Valley View Oaks 2nd Addition, & Vals Addition. The roadway improvement cost 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. The following section discusses 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 H) and are subject to change, depending on the final design of the project, soil conditions, bids received, and actual work performed. PROJECT COSTS ITEM CONSTRUCTIONINDIRECT* TOTAL Street Reconstruction $822,446.25 $205,611.57 $1,028,057.82 Street Rehabilitation $238,767.50 $59,691.88 $298,459.38 Mill and Overlay $41,115.50 $10,278.88 $51,394.38 Curb Replacement $34,525.00 $8,631.25 $43,156.25 Storm Sewer $199,370.00 $49,842.50 $249,212.50 Water Main $383,132.50 $95,783.13 $478,915.63 Sanitary Sewer $200,000.00 $50,000.00 $250,000.00 Totals $1,919,356.75 $479,839.21 $2,399,195.96 * Includes 25% indirect costs for legal, engineering, administration, and finance. page 54 Feasibility Report Page 11 Project No. 200902 Proposed Estimated Assessments Street Reconstruction - Hunter Lane, Orchard Place, and Culligan Lane (East) The estimated total assessable amount for the project is based on specially assessing 50% of the street reconstruction costs. The estimated unit assessment for this project was determined by calculating the number of lots and dividing them into assessable project costs. The preliminary assessment roll listing the assessable parcels is provided in Appendix I. ASSESSMENT CALCULATIONS - STREET RECONSTRUCTION HUNTER LANE, ORCHARD PLACE, AND CULLIGAN LANE (EAST) Assessable Costs $1,028,057.82 Assessment $514,028.91 Assessable Units 46 Estimated Unit Assessment per City Policy $11,174.54 $514,028.84 50% Proposed Unit Assessment $8,850.00 $407,100.00 40% The estimated unit assessments for this street reconstruction project are higher than a typical street reconstruction project due to the large lot sizes. Staff proposes to assess the benefiting properties $8,850/unit in order to bring the assessment rate closer to previous and future reconstruction project costs. Street Rehabilitation - Culligan Lane (West), Glenhill Road, and Veronica Lane The estimated total assessable amount for the project is based on specially assessing 50% of the street rehabilitation costs including but not limited to 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, and appurtenant work. The preliminary assessment roll listing the assessable parcels is provided in Appendix I. ASSESSMENT CALCULATIONS - STREET REHABILITATION CULLIGAN LANE (WEST), GLENHILL ROAD, AND VERONICA LANE Assessable Costs $298,459.38 Assessment $149,229.69 Assessable Units 30 Estimated Unit Assessment per City Policy $4,974.32 $149,229.60 50% Proposed Unit Assessment $3,650.00 $109,500.00 37% 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. page 55 Feasibility Report Page 12 Project No. 200902 Mill and Overlay – Orchard Circle The estimated total assessable amount for the project is based on specially assessing 50% of the street rehabilitation costs including but not limited to mobilization, traffic control, milling bituminous surface, bituminous wear course, tack coat, valve and manhole adjustments, and appurtenant work. City costs include curb and gutter replacement, sod restoration, and appurtenant work. The preliminary assessment roll listing the assessable parcels is provided in Appendix I. ASSESSMENT CALCULATIONS – MILL AND OVERLAY ORCHARD CIRCLE Assessable Costs $51,394.38 Assessment $25,697.19 Assessable Units 11 Estimated Unit Assessment per City Policy $2,336.10 $25,697.10 50% Proposed Unit Assessment $1,875.00 $20,625.00 40% The costs and funding sources for the projects are summarized in the following tables: FUNDING SOURCES ITEM COST ESTIMATE ASSESSMENT MUNICIPAL BONDS UTILITY FUNDS Street Reconstruction $1,028,057.82 $407,100.00 $620,957.82 Street Rehabilitation $298,459.38 $109,500.00 $188,959.38 Mill and Overlay $51,394.38 $20,625.00 $30,769.38 Curb Replacement $43,156.25 $43,156.25 Storm Sewer $249,212.50 $249,212.50 Water Main $478,915.63 $478,915.63 Sanitary Sewer $250,000.00 $250,000.00 Totals $2,399,195.96 $537,225.00 $883,842.83 $978,128.13 With a total estimated project cost of $2,399,195.96 and an estimated bond issue of $1,421,067.83 the assessed amount of $537,225.00 would be equivalent to 37.8% 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. page 56 Feasibility Report Page 13 Project No. 200902 PROPOSED PROJECT SCHEDULE The following project schedule outlines an approach to complete the assessable projects in 2013: ACTIVITY DATE Accept Feasibility Study/Call for Public Hearing August 21, 2012 Hold Informational Meeting September 17, 2012 Conduct Public Hearing/Accept Project/Order Plans and Specifications October 2, 2012 Hold Second Informational Meeting (if necessary) February 2013 Approve Plans and Specifications/Order Advertisements for Bids April 2013 Open Bids May/June 2013 Accept Bids/Award Contract June 2013 Begin Construction June/July 2013 Complete Base Course of Bituminous Pavement Fall 2013 Authorize Amount to be Assessed/Schedule Assessment Hearing October 2013 Conduct Assessment Hearing/Adopt Assessment Roll October 2013 Complete Final Wear Course of Bituminous Pavement Summer 2014 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 $2,399,195.96. A portion of this project is proposed to be assessed to the benefiting property owners and the remainder through other funding sources. page 57 Feasibility Report Project No. 200902 APPENDIX A: Hunter & Orchard Neighborhood Improvements Project Area page 58 1140 1179 1885 1254 1253 1171 1175 1155 1889 1875 1860 1890 1880 1870 1147 1819 1850 1845 1919 1855 1867 1133 1154 1948 1127 1827 1149 1190 19011248 1247 19911949 1840 1831 1242 1120 1954 1835 1199 1187 1936 1942 1200 1122 1206 1205 1117 1941 1140 1921 11451151 1139 1136 1169 1181 1128 1940 1916 1830 1836 1902 1230 1134 1143 1135 1224 1920 1129 1235 1908 1158 1159 1935 1162 1163 1124 1908 1914 1933 LE X I N G T O N A V E HU N T E R L N ORCHARD PL SIBLE Y M E M O R I A L H W Y VICTORIA CUR CULLIGAN LN GL E N H I L L R D ORCHARD CIR KINGSLEY C I R N ORCHARD HL KINGSLEY CIR S PRIVATE ROA D VAIL DR HUNTER CT KINGSLEY CT AVANTI DR MARIE AVE VERONICA LN VICTORIA RD S W C I R C L E C T PRIVA T E R O A D OVERLOOK RD Hunter and OrchardNeighborhood ImprovementsProject Area August 16, 2012 City ofMendotaHeights0400 SCALE IN FEET Legend City Boundary Assessments Reconstruction Assessment Rehabilitation Assessment Mill and Overlay Assessment Improvement Type Street Reconstruction Street Rehabilitation Mill and Overlay page 59 Feasibility Report Project No. 200902 APPENDIX B: Questionnaire page 60 June 19, 2012 RE: Hunter & Orchard Neighborhood Improvements – Property Owners Questionnaire Dear Resident: The City of Mendota Heights has initiated the process of roadway and utility improvements for the summer of 2013 for your neighborhood. Reconstructing these streets was proposed in March of 2009; however, city council denied ordering an improvement project and directed the Public Works Department to put this proposal on the shelf until 2014. On December 6, 2011, the city council moved the project up a year from 2014 to 2013 when the 2012-2016 Street Improvement Plan was approved. The Street Improvement Plan (SIP) identifies future street reconstruction and rehabilitation projects. The Mendota Heights City Council ordered the preparation of a feasibility report for the Hunter and Orchard Neighborhood Improvements at the May 1, 2012, city council meeting. The next step is to get feedback from you regarding a number of key components of the project. The information you share with us is essential in determining certain aspects of the project that may be constructed. Things to know and consider if an improvement project is approved:  Residents pay a portion of the overall project cost in the form of a special assessment. You will not be billed for the special assessment until Fall 2013. Estimated special assessments for your neighborhood will not be determined until after information has been gathered from the questionnaires and a feasibility report is completed.  Components of a project vary and are based on questionnaire responses. Special assessments typically include the cost of the new roadway. Other utility upgrades such as water main, sanitary sewer, and storm sewer are funded through the utility fund and are not assessed.  Construction typically starts in spring/early summer and ends in late fall of the same year. The following information explains the questionnaire that is enclosed. A map showing the boundaries of the area to be reconstructed is also enclosed. After reading this letter completely, please complete the questionnaire and return by July 13, 2012, in the self-addressed stamped envelope. Drainage and Erosion Issues We are aware of a few drainage and erosion issues in your neighborhood which we will attempt to address as part of the street reconstruction project. In most cases, it is unlikely that we will be able to address occurrences on private property, but providing us with the information on the questionnaire will help us to better understand what is happening and to see if there might be page 61 ways to work with individual property owners to resolve these occurrences. Typically, the installation of curb and gutter as well as rain gardens go a long way in correcting drainage issues due to concentrated flows from streets onto private property. The City would like to know about any local drainage problems that you may have. Does storm water run-off stand in the street or in front of your house? As part of the storm sewer design process, we would like to know if this or similar situations are occurring in your neighborhood. If so, please describe it in the drainage and erosion section of the questionnaire. We will review them for possible corrective action. Rain Gardens A rain garden is simply a "sunken" flowerbed, designed to retain and infiltrate as much storm water as possible. Rather than having the typical "raised" flowerbed that drains water away from the plants that need it, how about creating a garden to capture and use storm water to water the plants? The benefit to the environment is the reduction in the amount of storm water entering our ponds, lakes and streams. Every drop of water entering the street has no place to go, except down the gutter, into the storm sewer and into our ponds, lakes, streams and rivers. Should you choose to have a rain garden, it will be graded, prepared and plants supplied as part of the project at NO additional cost to you. The only condition is that you take ownership of the garden as far as maintaining it as part of your landscaping. Please call or stop in at the Engineering Department in City Hall for more information. Private Underground Utilities Some residents install private underground utilities in the City owned right-of-way. Typically the right-of-way is 15' to 20' behind the roadway. These utilities are usually lawn irrigation or pet containment systems. Utility and roadway reconstruction can damage these utilities. The contractor is responsible for protecting marked irrigation systems and pet fences, if damaged; they will be replaced to their original condition by the contractor. However, if the contractor knows the location of these private utilities, they can attempt to avoid damaging them. If you have any private underground utilities, please tell us in the private underground utilities section of the questionnaire. Tree Issues The City regards trees as an important element in any neighborhood environment and will do everything possible to design around any boulevard trees - especially mature ones. By no means will the City ever clear-cut entire boulevards of trees as part of a construction project! Property owners must understand, however, there are some instances in which boulevard trees may need to be removed. Several instances include whether 1) the tree is an obstruction in which the new street, in extreme cases, cannot be designed around or 2) if the tree has been a maintenance problem or sight distance hazard in the past, or 3) if the tree is located over an existing utility in need of repair. If a tree needs to be removed, the City will notify the property owner whose yard fronts the boulevard in which the tree stands prior to removal and explain the reason for removal. Residents who desire to have boulevard trees removed must notify the city prior to construction bidding which usually occurs in early spring. Residents who desire to have non-boulevard trees removed or trimmed must do so at their expense. page 62 Traffic/Pedestrian Issues The City of Mendota Heights typically reviews traffic or pedestrian issues on local streets. We would like to know if you feel that your roadway has any traffic or pedestrian issues. The existing street width on Hunter Lane and Orchard Place varies between 22-24 feet wide from bit edge to bit edge. The existing street width on Culligan Lane is 30 feet wide from face of curb to face of curb. The city standard street width is 33 feet wide from face of curb to face of curb. If the neighborhood consensus is in favor of narrower streets, a 30’ or 28’ option could be considered. The street width of 30 feet wide would be wide enough for one car to be parked and still maintain two drivable lanes on the street. The 30 feet wide street section will allow for parking only on the one side of street and the other side of the street would be posted as “No Parking". Staff would consider constructing portions of these streets at 28 feet wide if the neighborhood desires; however, no on street parking would be allowed in those areas and the street would be posted as “No Parking" on both sides of the street. Please tell us your preferred street width in the traffic/pedestrian issues section of the questionnaire. Questions If you have questions after reading this letter, please call me or the engineering staff at 651-452- 1850. Sincerely, Ryan Ruzek, PE Assistant City Engineer ryanr@mendota-heights.com Enclosed: Property Owners Questionnaire Reconstruction Map Self-Addressed Stamped Envelope page 63 Project No. 200902 Hunter and Orchard Neighborhood Improvements 1 PROPERTY OWNERS QUESTIONAIRE HUNTER & ORCHARD NEIGHBORHOOD IMPROVEMENTS CITY OF MENDOTA HEIGHTS Please do not answer these questions until after you have read the attached letter. Please complete and return this survey by July 13, 2012, using the self-addressed stamped-envelope. Address __________________________________________________________________________ Drainage and Erosion Issues 1. Do you regularly get water in your basement? Yes No If yes, when? (CHECK ALL THAT APPLY) After big rain storms After almost any rain or melting event In the spring - during snow melt All the time - continuous Comments__________________________________________________________________ ___________________________________________________________________________ 2. Do you have any of the following? (CHECK ALL THAT APPLY) Basement drain tile Sump pump None 3. Does water stand in your yard after big storms? Yes No If yes, A. How long is it there? ______________________________________________________ B. How far away is it from your house? __________________________________________ C. Where is it in relation to your house (direction and feet)? _________________________ D. Is the standing water creating damage to the property or is it just a nuisance? ________________________________________________________________________ E. Please sketch in the space below: your house, garage, driveway, and where drainage problem is occurring: 4. Please list specific surface water drainage or erosion problems in your neighborhood: ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ NOTE: Most private drainage problems (which are usually attributed to grades at or near the foundation) will likely NOT be solved by this street project. However, with this information we may be able to take a look at the whole picture and possibly address some occurrences. page 64 Project No. 200902 Hunter and Orchard Neighborhood Improvements 2 Rain Gardens 5. If it is feasible to do so, do you wish to have a rain garden placed in the boulevard on your parcel? Yes No If you answered "yes", A. Do you have a preferred size? _______________________________________________ B. Preferred location: ________________________________________________________ 6. Additional Comments/Questions about Rain Gardens:_______________________________ ___________________________________________________________________________ ___________________________________________________________________________ Please check out www.bluethumb.org for more information on rain gardens or contact the Engineering Department at 651-452-1850. Private Underground Utilities 7. Do you have an underground lawn irrigation system in the City right-of-way? (Typically the right-of-way is 15' to 20' behind the roadway.) Yes No 8. Do you have an underground electric pet containment system in the City's right-of-way? Yes No 9. Do you have any private wiring, private pipes, etc in the City's right-of-way? Yes No Tree Issues 10. Do you have any trees in the City right-of-way that you would like removed? (Typically the right-of-way is 15' to 20' behind the roadway.) Yes No Traffic/Pedestrian Issues 11. Preferred street width for Culligan Lane, Hunter Lane, and Orchard Place. 33 Feet (City Standard) 30 Feet (Parking on One-Side) 28 Feet (No Parking) 12. Do you feel your neighborhood or roadway has any pedestrian or traffic issues (e.g. crossing adjacent to busy roadways, parking, excessive speed, traffic volumes, etc.)? Yes No If yes, where? ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ Other Issues 13. Additional Comments/Questions:________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ Thank you for your cooperation. Please return this questionnaire in the enclosed self-addressed, stamped-envelope. Please complete all questions and return to the City of Mendota Heights by July 13, 2012. page 65 QU E S T I O N N A I R E R E S P O N S E S 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 : Hu n t e r a n d O r c h a r d N e i g h b o r h o o d I m p r o v e m e n t s Q u e s t i o n n a i r e D a te : 6 / 1 9 / 2 0 1 2 Q u e s t i o n n a i r e s S e n t O u t : 4 5 L a s t D a t e U p d a t e d : PR O J E C T # : 20 0 9 0 2 Q u e s t i o n n a i r e D u e D a t e : 7 / 1 3 / 2 0 1 2 Q u e s t i o n n a i r e s R e t u r n e d : 2 6 La s t Q u e s t i o n n a i r e R e c e i v e d : 8 / 2 / 2 0 1 2 Pe r c e n t R e t u r n e d : 5 8 % Ge n e r a l I n f o r m a t io n Dr a i n a g e a n d E r o s i o n I s s u e s Ra i n G a r d e n s P r i v a t e U n d e r g r o u n d Ut i l i t i e s T r e e I s s u e s Traffic/Pedestrian IssuesOther Issues Ad d r e s s Re t u r n e d Su r v e y Wa t e r i n ba s e m e n t ? Do y o u h a v e a n y o f t h e fo l l o w i n g ? Do e s w a t e r st a n d i n y o u r ya r d a f t e r b i g st o r m s ? De s c r i b e s p e c i f i c d r a i n a g e o r e r o s i o n pr o b l e m s i n y o u r n e i g h b o r h o o d . If f e a s i b l e , w o u l d yo u l i k e a r a i n ga r d e n i n y o u r y a r d ? Ir r i g a t i o n S y s . in R O W ? Pe t Co n t a i n m e n t Sy s . i n RO W ? Ot h e r P r i v a t e Ut i l i t i e s i n RO W ? Do y o u h a v e a tr e e i n t h e R O W yo u w o u l d l i k e re m o v e d ? P r e f e r r e d S t r e e t W i d t h ? Does your neighborhood have any pedestrian or traffic issues?Describe specific pedestrian or traffic issues in your neighborhood.Describe other issues or concerns in your neighborhood. Ye s N o Ba s e m e n t dr a i n t i l e Su m p Pu m p N o n e Y e s N o Y e s N o M a y b e Y e s N o Y e s N o Y e s N o Y e s N o 3 3 ' 3 0 ' 2 8 ' Did Not VoteYesNo 12 0 0 C u l l i g a n L a n e 1 1 1 1 1 1 1 1 1 1 1 12 0 5 C u l l i g a n L a n e 1 1 1 1 1 1 1 1 1 1 1 1 12 0 6 C u l l i g a n L a n e 1 1 1 1 1 1 1 1 1 11 18 1 9 H u n t e r L a n e 1 1 1 1 1 1 1 1 1 11 18 2 7 H u n t e r L a n e 1 1 1 1 1 1 1 1 1 11We the neighbors have talked extensively with Sandra 3 years ago about keeping the charm of the street. Make it as small as possible same size that exists with flat curb like Woodridge with parking as it is. 18 3 0 H u n t e r L a n e 1 1 1 1 1 1 1 1 1 1 1 I live on the corner of Hunter and Orchard, sometimes traffic takes that corner fast.When curbs are put in will that eliminate the area on the corner right next to the road that is currently filled with rock? If so, will grass be laid right up to the curb? I would like it if the rocks went away in the new plan. It would help me clean up my yard. 18 3 1 H u n t e r L a n e 1 1 1 1 1 Er o s i o n a l o n g s t r e e t d u e t o w a t e r fl o w . 11 1 1 1 1 1 There is a considerable amount of pedestrian traffic on Hunter and Orchard. The roadway is too narrow to accommodate. The curve @ Hunter and Orchard is taken by most at excessive speed which results in a dangerous situation for pedestrians and our mail boxes (which get hit on occasion).The roadway is in need of a resurfacing. We need better drainage in areas and a wider street. It might make sense to consider taking more of the right of way on the west side because the homes are set back farther and will be less impacted. 18 3 5 H u n t e r L a n e 1 1 1 1 Th e r e h a v e b e e n n u m e r o u s p u d d l e an d r o a d w a t e r s p i l l i n g i n t o y a r d s i n th e n e i g h b o r h o o d , n o t o u r s 1 1 1 1 1 1 At about 1880 Hunter Lane there is a road ridge that is a problem seeing oncoming traffic.I believe we need at least parking on one side of the road available for parking. There are always vehicles such as yard workers that should not block normal traffic. 18 3 6 H u n t e r L a n e 1 1 1 1 1 All w a t e r d r a i n a g e o f f r o a d r u n s d o w n ne i g h b o r ' s l o t o n t h e s o u t h a n d c o m e in t o t h e b a c k o f o u r y a r d a n d s i t s o r po o l s . M a i n l y o c c u r s i n s p r i n g d u r i n g sn o w m e l t . 11 1 1 1 1 Parking around synagogue when cars are on both sides of road on Hunter Lane. Same for large parties at homes, it can be difficult to get through when cars are parked on both sides.We would prefer a smaller width road with a sloped curb so that when we do have family gatherings the will be able to park up on the grass if needed. We are also concerned about concrete driveway that meets the road and landscaping with boulders and plants. 18 4 5 H u n t e r L a n e 1 1 1 1 On s t r e e t i n f r o n t o f l a w n a r e a be t w e e n m y d r i v e w a y a n d m y ne i g h b o r ' s d r i v e w a y 11 1 1 1 1 1 18 5 0 H u n t e r L a n e 1 1 1 1 1 1 1 1 1 11 18 7 0 H u n t e r L a n e 1 1 1 1 1 1 1 1 1 11Street width should be narrower with surmountable curb so we can park on both sides.We are against any "No Parking" on either side. It has not been a problem in the past. Occasionally people will park on both sides and you simply drive through slowly. It is not a big deal and does not happen very often. We definitely want a surmountable curb. 18 8 0 H u n t e r L a n e 1 1 1 1 Dr a i n a g e a c r o s s d r i v e w a y . 1 1 1 1 1 1 1 Parking on top of the hill. 18 8 5 H u n t e r L a n e 1 1 1 1 1 1 1 1 11I like the surmountable curb. 8/ 3 / 2 0 1 2 Page 1 of 3page 66 QU E S T I O N N A I R E R E S P O N S E S 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 : Hu n t e r a n d O r c h a r d N e i g h b o r h o o d I m p r o v e m e n t s Q u e s t i o n n a i r e D a te : 6 / 1 9 / 2 0 1 2 Q u e s t i o n n a i r e s S e n t O u t : 4 5 L a s t D a t e U p d a t e d : PR O J E C T # : 20 0 9 0 2 Q u e s t i o n n a i r e D u e D a t e : 7 / 1 3 / 2 0 1 2 Q u e s t i o n n a i r e s R e t u r n e d : 2 6 La s t Q u e s t i o n n a i r e R e c e i v e d : 8 / 2 / 2 0 1 2 Pe r c e n t R e t u r n e d : 5 8 % Ge n e r a l I n f o r m a t io n Dr a i n a g e a n d E r o s i o n I s s u e s Ra i n G a r d e n s P r i v a t e U n d e r g r o u n d Ut i l i t i e s T r e e I s s u e s Traffic/Pedestrian IssuesOther Issues Ad d r e s s Re t u r n e d Su r v e y Wa t e r i n ba s e m e n t ? Do y o u h a v e a n y o f t h e fo l l o w i n g ? Do e s w a t e r st a n d i n y o u r ya r d a f t e r b i g st o r m s ? De s c r i b e s p e c i f i c d r a i n a g e o r e r o s i o n pr o b l e m s i n y o u r n e i g h b o r h o o d . If f e a s i b l e , w o u l d yo u l i k e a r a i n ga r d e n i n y o u r y a r d ? Ir r i g a t i o n S y s . in R O W ? Pe t Co n t a i n m e n t Sy s . i n RO W ? Ot h e r P r i v a t e Ut i l i t i e s i n RO W ? Do y o u h a v e a tr e e i n t h e R O W yo u w o u l d l i k e re m o v e d ? P r e f e r r e d S t r e e t W i d t h ? Does your neighborhood have any pedestrian or traffic issues?Describe specific pedestrian or traffic issues in your neighborhood.Describe other issues or concerns in your neighborhood. Ye s N o Ba s e m e n t dr a i n t i l e Su m p Pu m p N o n e Y e s N o Y e s N o M a y b e Y e s N o Y e s N o Y e s N o Y e s N o 3 3 ' 3 0 ' 2 8 ' Did Not VoteYesNo 8/ 3 / 2 0 1 2 18 9 0 H u n t e r L a n e 1 1 1 1 Bo u l e v a r d e r o s i o n ; p o u r s i n t o v a c a n t lo t s o u t h o f o u r l a n d . 11 1 1 1 1 1 We request sloped curbing offered at our meeting in March 2009.The incline in front of our house hinders a safe exit from our driveway. A slower speed limit might help. 19 1 6 H u n t e r L a n e 1 1 1 1 1 1 1 1 1 1 1 Excessive speed, which will be exacerbated by increased width.I have attended city council meetings and heard council make decisions based on preserving Mendota Heights "Pastoral Appeal". We have never had a wide street. We have managed to park, 28 feet will be ample to support parking. The 30 or 33 feet option will not preserve the pastoral nature of the city's most pastoral street. Our home will feel like a storefront! 19 3 3 H u n t e r L a n e 1 1 1 1 Er o s i o n a t t h e s t a r t o f t h e c u l v e r t a t th e i n t e r s e c t i o n o f C u l l i g a n a n d Hu n t e r . A c u r b o n C u l l i g a n w o u l d st o p s p r i n g s t r e a m . 1 1 1 1 1 1 1 Will the property be regraded and seeded to fill in the culvert? I don't care for the slanted curb proposed by others. During the winter and spring they can be slip hazards - also it won't keep water runoff. 19 4 0 H u n t e r L a n e 1 1 1 1 1 On t h e n o r t h s i d e o f t h e h o u s e , w a t e r th a t c o m e s f r o m c u l v e r t s u n d e r t h e st r e e t g e t s b a c k e d u p b e c a u s e o f dr a i n a g e p r o b l e m c a u s e d b y t h e 2 ea s t h o u s e s b a c k y a r d d r a i n a g e f r o m fl o w i n g i n t o t h e s l e w . 11 1 1 1 1 1 Excessive speed on Hunter Lane.Why weren't questions asked about curbing. 19 9 1 H u n t e r L a n e 1 1 1 1 1 In t i m e s o f h e a v y r a i n s , w a t e r f l o w s a t ed g e o f r o a d - f r o m n o r t h t o c u l v e r t an d f r o m s o u t h t o c u l v e r t 1 1 1 1 1 1 1 We need at least one side parking allowed. I prefer to have wider streets and side parking. The synagogue needs two sided street parking often. I don't go to the synagogue but I can empathize with their need.I am opposed to the petition to have slanted curbs because they will not take care of the sudden and deep runoff of rain water down hill on Hunter Lane. 11 2 0 O r c h a r d P l a c e 1 1 1 1 1 1 1 1 1 1 1 11 2 7 O r c h a r d P l a c e 1 1 1 In s p r i n g , i f p i p e r e l e a s e i s b l o c k e d o n so u t h s i d e o f O r c h a r d P l a c e n e a r Le x i n g t o n , d r a i n s b a c k u p i n f r o n t o f ho u s e . I t h a s c a u s e d f l o o d i n g t h a t al m o s t r e a c h e d h o u s e . 11 1 1 1 1 1 At Orchard Place and Lexington views are blocked. There is way more traffic on Orchard Place than there could be. Traffic could use streets Victoria Curve and Lexington but they don't. Includes commercial vehicles like mowing equipment on trailers.Would prefer sloped curbs and parking on both side of street with 30' street. Commercial trucks sometimes park on Hunter Lane where hills can cause blocked views and dangerous traffic situations. 11 3 3 O r c h a r d P l a c e 1 1 1 1 1 1 1 1 1 1 1 Orchard place is uneven - up and down from Lexington Avenue to Hunter Lane - Hopefully can be more evenly graded. A well written survey. 11 3 9 O r c h a r d P l a c e 1 1 1 1 1 1 1 1 1 1Sloped curbs. Parking on either side with a narrow street has not been a problem in 35 years.Page 2 of 3page 67 QU E S T I O N N A I R E R E S P O N S E S 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 : Hu n t e r a n d O r c h a r d N e i g h b o r h o o d I m p r o v e m e n t s Q u e s t i o n n a i r e D a te : 6 / 1 9 / 2 0 1 2 Q u e s t i o n n a i r e s S e n t O u t : 4 5 L a s t D a t e U p d a t e d : PR O J E C T # : 20 0 9 0 2 Q u e s t i o n n a i r e D u e D a t e : 7 / 1 3 / 2 0 1 2 Q u e s t i o n n a i r e s R e t u r n e d : 2 6 La s t Q u e s t i o n n a i r e R e c e i v e d : 8 / 2 / 2 0 1 2 Pe r c e n t R e t u r n e d : 5 8 % Ge n e r a l I n f o r m a t io n Dr a i n a g e a n d E r o s i o n I s s u e s Ra i n G a r d e n s P r i v a t e U n d e r g r o u n d Ut i l i t i e s T r e e I s s u e s Traffic/Pedestrian IssuesOther Issues Ad d r e s s Re t u r n e d Su r v e y Wa t e r i n ba s e m e n t ? Do y o u h a v e a n y o f t h e fo l l o w i n g ? Do e s w a t e r st a n d i n y o u r ya r d a f t e r b i g st o r m s ? De s c r i b e s p e c i f i c d r a i n a g e o r e r o s i o n pr o b l e m s i n y o u r n e i g h b o r h o o d . If f e a s i b l e , w o u l d yo u l i k e a r a i n ga r d e n i n y o u r y a r d ? Ir r i g a t i o n S y s . in R O W ? Pe t Co n t a i n m e n t Sy s . i n RO W ? Ot h e r P r i v a t e Ut i l i t i e s i n RO W ? Do y o u h a v e a tr e e i n t h e R O W yo u w o u l d l i k e re m o v e d ? P r e f e r r e d S t r e e t W i d t h ? Does your neighborhood have any pedestrian or traffic issues?Describe specific pedestrian or traffic issues in your neighborhood.Describe other issues or concerns in your neighborhood. Ye s N o Ba s e m e n t dr a i n t i l e Su m p Pu m p N o n e Y e s N o Y e s N o M a y b e Y e s N o Y e s N o Y e s N o Y e s N o 3 3 ' 3 0 ' 2 8 ' Did Not VoteYesNo 8/ 3 / 2 0 1 2 11 4 5 O r c h a r d P l a c e 1 1 1 1 Dr a i n a g e f r o m b o t h r o a d w a y a n d ne i g h b o r i n g p r o p e r t i e s f r e q u e n t l y ru n s t h r o u g h y a r d . 1 1 1 1 1 1 1 It seems that Orchard Place is seen by some as a thoroughfare connecting parts of our neighborhood with Lexington Avenue. We've observed obvious speeding and fear that smoothing and widening of the pavement will exacerbate the problem.Due to the unique situation at our property, and given our questions about street drainage vs. drainage from adjoining properties, we would very much appreciate an on-site meeting with someone from your department. 11 5 4 O r c h a r d P l a c e 1 1 1 1 1 1 1 1 1 1 1 Un k n o w n 1 1 1 1 1 1 1 1 1 11 Returne d 26 0 2 6 7 7 1 6 5 2 1 12 2 2 8 1 8 4 2 2 2 2 4 3 2 3 5 1 0 8 3 8 1 5 Pe r c e n t o f R e t u r n e d R e s p o n s e 10 0 % 0 % 1 0 0 % 2 7 % 2 7 % 6 2 % 1 9 % 8 1 % 4% 8 5 % 8 % 3 1 % 6 9 % 1 5 % 8 5 % 8 % 9 2 % 1 2 % 8 8 % 1 9 % 3 8 % 3 1 % 1 2 % 3 1 % 5 8 % Pe r c e n t o f Q u e s t i o n n a i r e s S e n 58 % 0 % 5 8 % 1 6 % 1 6 % 3 6 % 1 1 % 4 7 % 2% 4 9 % 4 % 1 8 % 4 0 % 9 % 4 9 % 4 % 5 3 % 7 % 5 1 % 1 1 % 2 2 % 1 8 % 7 % 1 8 % 3 3 % * P e r c e n t a g e s a r e b a s e d o n r e s p o n s e s o f r e t u r n e d q u e s t i o n n a i r e s a n d ma y n o t e q u a l 1 0 0 % i f q u e s t i o n s w e r e n o t a n s w e r e d o n q u e s t i on n a i r e . Page 3 of 3page 68 Feasibility Report Project No. 200902 APPENDIX C: Site Plan page 69 1140 1179 1885 1254 1253 1171 1175 1155 1889 1875 1860 1890 1880 1870 1147 1819 1850 1845 1919 1855 1867 1133 1154 1948 1127 1827 1149 1190 19011248 1247 19911949 1840 1831 1242 1120 1954 1835 11991187 1936 1942 1200 1122 1206 1205 1117 1941 1140 1921 11451151 1139 1136 1169 1181 1128 1940 1916 1830 1836 1902 1230 1134 1143 1135 1224 1920 1129 1235 1908 1158 1159 1935 1162 1163 1124 1908 1914 1933 LE X I N G T O N A V E HU N T E R L N ORCHARD PL SIBLE Y M E M O R I A L H W Y VICTORIA CUR CULLIGAN LN GL E N H I L L R D ORCHARD CIR KINGSLEY C I R N ORCHARD HL VAIL DR KINGSLEY CIR S PRIVATE ROA D AVANTI DR MARIE AVE HUNTER CT KINGSLEY CT VERONICA LN VICTORIA RD S OVERLOOK RD W C I R C L E C T BWANA CT PRIVA T E R O A D Hunter and OrchardNeighborhood ImprovementsSite Plan August 16, 2012 City ofMendotaHeights0400 SCALE IN FEET Legend Proposed Street Width 25' Typical Section 27' Typical Section 30' Typical Section 36' Typical Section Preferred Street Width No Preference 28' 30' 33' page 70 Feasibility Report Project No. 200902 APPENDIX D: Reconstruction Typical Section page 71 page 72 Feasibility Report Project No. 200902 APPENDIX E: Rehabilitation Typical Section page 73 page 74 Feasibility Report Project No. 200902 APPENDIX F: Mill and Overlay Typical Section page 75 page 76 Feasibility Report Project No. 200902 APPENDIX G: Water Main Replacement page 77 ( ( ( ( ( ( ( ( ( ( (( ( ( ( ( ( (( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ? ? ? ? ? ? ?? ?? ? ? ? ? ? ? ? ? ? ? ?? ? ? ? ? ? ? ?? ? ? ? ? ? ? ? ? ? ? ? ? ? ???? ? ? G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!.G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!.G!. G!.G!. G!. G!. G!. LE X I N G T O N A V E HU N T E R L N ORCHARD PL SIBLE Y M E M O R I A L H W Y VICTORIA CUR CULLIGAN LN GL E N H I L L R D ORCHARD CIR KINGSLEY C I R N ORCHARD HL KINGSLEY CIR S PRIVATE ROA D VAIL DR HUNTER CT KINGSLEY CT AVANTI DR MARIE AVE VERONICA LN VICTORIA RD S W C I R C L E C T PRIVA T E R O A D OVERLOOK RD Hunter and OrchardNeighborhood ImprovementsWater Main Replacement August 16, 2012 City ofMendotaHeights0400 SCALE IN FEET Legend Proposed Watermain Replacement Existing Watermain City Boundary page 78 Feasibility Report Project No. 200902 APPENDIX H: Engineer’s Opinion of Estimated Costs page 79 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 : Hu n t e r a n d O r c h a r d N e i g h b o r h o o d I m p r o v e m e n t s PR O J E C T # : 20 0 9 0 2 DATE:8/16/2012 PR O J E C T TO T A L LO C A L J O B 2 0 0 9 0 2 , R O A D W A Y ST R E E T R E C O N S T R U C T I O N LO C A L J O B 2 0 0 9 0 2 , R O A D W A Y ST R E E T R E H A B I L I T A T I O N LO C A L J O B 2 0 0 9 0 2 , R O A D W A Y MI L L A N D O V E R L A Y LOCAL JOB 200902 CURB REPLACEMENTLOCAL JOB 200902 STORM SEWERLOCAL JOB 200902 WATER MAINLOCAL JOB 200902 SANITARY SEWER 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 QUANTITYENGINEER'S ESTIMATED AMOUNTENGINEER'S ESTIMATED QUANTITYENGINEER'S ESTIMATED AMOUNTENGINEER'S ESTIMATED QUANTITYENGINEER'S ESTIMATED AMOUNTENGINEER'S ESTIMATED QUANTITYENGINEER'S ESTIMATED AMOUNT SC H E D U L E ' A ' - S T R E E T R E C O N S T R U C 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 . 0 0 $ 4 0 , 0 0 0 . 0 0 $ 4 0 , 0 0 0 . 0 0 0. 5 0 $2 0 , 0 0 0 . 0 0 0. 2 5 $1 0 , 0 0 0 . 0 0 0. 2 5 $1 0 , 0 0 0 . 0 0 2 2 1 0 0 . 6 0 1 L I F T S T A T I O N R E H A B I L I T A T I O N L. S . 1 . 0 0 $ 2 0 0 , 0 0 0 . 0 0 $ 2 0 0 , 0 0 0 . 0 0 1.00$200,000.00 3 2 1 0 1 . 5 0 1 C L E A R I N G AC R E 0. 7 0 $ 6 , 0 0 0 . 0 0 $4 , 2 0 0 . 0 0 0. 6 0 $3 , 6 0 0 . 0 0 0. 1 0 $6 0 0 . 0 0 4 2 1 0 1 . 5 0 6 G R U B B I N G AC R E 0. 7 0 $ 6 , 0 0 0 . 0 0 $4 , 2 0 0 . 0 0 0. 6 0 $3 , 6 0 0 . 0 0 0. 1 0 $6 0 0 . 0 0 5 2 1 0 1 . 6 0 2 C L E A R I N G A N D G R U B B I N G 4 " A N D L A R G E R D I A M E T E R TR E E 10 $4 0 0 . 0 0 $4 , 0 0 0 . 0 0 10 . 0 $4 , 0 0 0 . 0 0 6 2 1 0 1 . 6 0 2 T R E E T R I M M I N G Ea c h 10 $2 0 0 . 0 0 $2 , 0 0 0 . 0 0 10 . 0 $2 , 0 0 0 . 0 0 7 2 1 0 4 . 5 0 1 R E M O V E C U R B A N D G U T T E R L. F . 4 8 0 $4 . 0 0 $1 , 9 2 0 . 0 0 48 0 . 0 $1 , 9 2 0 . 0 0 8 2 1 0 4 . 5 0 1 R E M O V E S E W E R P I P E ( S T O R M ) L. F . 4 3 4 $9 . 0 0 $3 , 9 0 6 . 0 0 43 4 . 0 $3 , 9 0 6 . 0 0 9 2 1 0 4 . 5 0 5 R E M O V E C O N C R E T E S I D E W A L K S. Y . 1 0 $1 0 . 0 0 $1 0 0 . 0 0 10 . 0 $1 0 0 . 0 0 10 2 1 0 4 . 5 0 5 R E M O V E C O N C R E T E D R I V E W A Y PA V E M E N T S. Y . 6 0 3 $7 . 0 0 $4 , 2 2 1 . 0 0 55 3 . 0 $3 , 8 7 1 . 0 0 30 . 0 $2 1 0 . 0 0 20 . 0 $1 4 0 . 0 0 11 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 , 7 7 5 $4 . 0 0 $7 , 1 0 0 . 0 0 1, 4 2 3 . 0 $5 , 6 9 2 . 0 0 33 0 . 0 $1 , 3 2 0 . 0 0 22 . 0 $8 8 . 0 0 12 2 1 0 4 . 5 0 5 R E M O V E B I T U M I N O U S PA V E M E N T S. Y . 1 1 , 2 1 5 $2 . 0 0 $2 2 , 4 3 0 . 00 11 , 2 1 5 . 0 $2 2 , 4 3 0 . 0 0 13 2 1 0 4 . 5 0 9 R E M O V E C A T C H BA S I N Ea c h 2 $3 5 0 . 0 0 $7 0 0 . 0 0 2. 0 $7 0 0 . 0 0 14 2 1 0 4 . 5 1 1 S A W I N G C O N C R E T E D R I V E W A Y L. F . 3 7 0 $6 . 0 0 $2 , 2 2 0 . 0 0 28 0 . 0 $1 , 6 8 0 . 0 0 54 . 0 $3 2 4 . 0 0 36 . 0 $2 1 6 . 0 0 15 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 . 2 6 9 $3 . 5 0 $9 4 1 . 5 0 17 9 . 0 $6 2 6 . 5 0 90 . 0 $3 1 5 . 0 0 16 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 . 8 1 4 $3 . 0 0 $2 , 4 4 2 . 0 0 66 0 . 0 $1 , 9 8 0 . 0 0 11 4 . 0 $3 4 2 . 0 0 40 . 0 $1 2 0 . 0 0 17 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 . 3 , 8 8 4 $2 0 . 0 0 $7 7 , 6 8 0 . 0 0 3, 07 6 . 0 $6 1 , 5 2 0 . 0 0 80 8 . 0 $1 6 , 1 6 0 . 0 0 18 2 1 0 5 . 5 0 1 R E M O V E A N D D I S P O S E E X C ES S C O M M O N E X C A V A T I O N / R E C L A I M E D M A T E R I A L OF F - S I T E ( L V ) ( 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 ) C. Y . 2 , 8 9 1 $1 0 . 0 0 $2 8 , 9 1 0 . 00 2, 8 9 1 . 0 $2 8 , 9 1 0 . 0 0 19 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 A R E A OF 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 S P E C I A L CO N D I T I O N S - S E C T I O N 2 ) C. Y . 1 , 6 0 6 $2 4 . 0 0 $3 8 , 5 4 4 . 0 0 1, 00 0 . 0 $2 4 , 0 0 0 . 0 0 60 6 . 0 $1 4 , 5 4 4 . 0 0 20 2 1 0 5 . 5 2 6 S E L E C T T O P S O I L B O R R O W ( L V ) C. Y . 1 , 8 6 8 $1 8 . 0 0 $3 3 , 6 2 4 . 00 1, 8 1 6 . 0 $3 2 , 6 8 8 . 0 0 52.0$936.00 21 2 1 1 2 . 6 0 4 S T R E E T S U B G R A D E P R EP A R A T I O N S. Y . 1 5 , 8 1 9 $0 . 7 5 $1 1 , 8 6 4 . 25 15 , 8 1 9 . 0 $1 1 , 8 6 4 . 2 5 22 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 , 6 0 4 $0 . 7 5 $1 5 , 4 5 3 . 0 0 13 , 3 3 6 . 0 $1 0 , 0 0 2 . 0 0 7, 2 6 8 . 0 $5 , 4 5 1 . 0 0 23 2 1 2 3 . 5 0 1 C O M M O N L A B O R HR 1 5 $6 0 . 0 0 $9 0 0 . 0 0 10 . 0 $6 0 0 . 0 0 5. 0 $3 0 0 . 0 0 24 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 5 $1 2 5 . 0 0 $1 , 8 7 5 . 0 0 10 . 0 $1 , 2 5 0 . 0 0 5. 0 $6 2 5 . 0 0 25 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 5 $1 2 5 . 0 0 $1 , 8 7 5 . 0 0 10 . 0 $1 , 2 5 0 . 0 0 5. 0 $6 2 5 . 0 0 26 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 5 $9 0 . 0 0 $1 , 3 5 0 . 0 0 10 . 0 $9 0 0 . 0 0 5. 0 $4 5 0 . 0 0 27 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 5 $1 5 0 . 0 0 $2 , 2 5 0 . 0 0 10 . 0 $1 , 5 0 0 . 0 0 5. 0 $7 5 0 . 0 0 28 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 % C R U S H E D ) , I N P L A C E TO N 5 , 2 2 4 $1 6 . 0 0 $8 3 , 5 8 4 . 0 0 4, 89 4 . 0 $7 8 , 3 0 4 . 0 0 33 0 . 0 $5 , 2 8 0 . 0 0 29 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 ( R E C Y C L E D , O N - S I T E ) , I N P L A C E TO N 8 9 0 $6 . 0 0 $5 , 3 4 0 . 0 0 89 0 . 0 $5 , 3 4 0 . 0 0 30 2 2 1 1 . 5 0 1 1 1 / 2 " S C R E E N E D C L E A N A G G R E G A T E BA S E TON 2 6 7 $2 2 . 0 0 $5 , 8 7 4 . 0 0 26 7 . 0 $5 , 8 7 4 . 0 0 31 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 C O U R S E ) S. Y . 7 3 $7 . 0 0 $5 1 1 . 0 0 53 . 0 $3 7 1 . 0 0 20 . 0 $1 4 0 . 0 0 32 2 2 3 2 . 5 0 1 M I L L O R R O U T B I T U M I N O U S PA V E M E N T ( D E T A I L X O N S H E E T X , I N S E T A ) S. Y . 7 7 1 $2 . 5 0 $1 , 9 2 7 . 5 0 77 1 . 0 $1 , 9 2 7 . 5 0 33 2 2 3 2 . 5 0 1 3 . 5 " M I L L D E P T H A N D P A T C H B I T U M I N O U S S. Y . 1 5 4 $2 5 . 0 0 $3 , 8 5 0 . 0 0 15 4 . 0 $3 , 8 5 0 . 0 0 34 2 3 3 1 . 6 0 4 B I T U M I N O U S PA V E M E N T R E C L A M A T I O N ( 1 0 " N O M I N A L D E P T H ) S. Y . 7 , 2 6 8 $3 . 0 0 $2 1 , 8 0 4 . 00 7, 2 6 8 . 0 $2 1 , 8 0 4 . 0 0 35 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 , 2 6 8 $3 . 2 5 $7 , 3 7 1 . 0 0 1, 3 3 4 . 0 $4 , 3 3 5 . 5 0 72 6 . 0 $2 , 3 5 9 . 5 0 20 8 . 0 $6 7 6 . 0 0 36 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 , 1 2 3 $6 8 . 0 0 $1 4 4 , 3 6 4 . 0 0 1, 2 4 9 . 0 $8 4 , 9 3 2 . 0 0 68 0 . 0 $4 6 , 2 4 0 . 0 0 19 4 . 0 $1 3 , 1 9 2 . 0 0 37 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 , 3 0 3 $5 8 . 0 0 $1 9 1 , 5 7 4 . 0 0 2, 1 3 8 . 0 $1 2 4 , 0 0 4 . 0 0 1, 1 6 5 . 0 $6 7 , 5 7 0 . 0 0 38 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 , 7 7 5 $2 3 . 0 0 $4 0 , 8 2 5 . 0 0 1, 4 2 3 . 0 $3 2 , 7 2 9 . 0 0 33 0 . 0 $7 , 5 9 0 . 0 0 22 . 0 $5 0 6 . 0 0 39 2 4 5 1 . 6 0 7 G R A N U L A R B A C K F I L L ( C V ) C. Y . 2 , 5 3 3 $2 0 . 0 0 $5 0 , 6 6 0 . 0 0 2,533.0$50,660.00 40 2 5 0 1 . 5 1 5 1 2 " R C P I P E A P R O N W I T H T R A S H G U A R D Ea c h 1 $1 , 0 0 0 . 0 0 $1 , 0 0 0 . 0 0 1.0$1,000.00 41 2 5 0 1 . 5 1 5 1 5 " R C P I P E A P R O N W I T H T R A S H G U A R D Ea c h 1 $1 , 2 0 0 . 0 0 $1 , 2 0 0 . 0 0 1.0$1,200.00 42 2 5 0 1 . 5 1 5 2 1 " R C P I P E A P R O N W I T H T R A S H G U A R D Ea c h 2 $1 , 7 0 0 . 0 0 $3 , 4 0 0 . 0 0 2.0$3,400.00 43 2 5 0 2 . 6 0 2 P R O T E C T , S A L V A G E , R E S T O R E , O R R E P L A C E I R R I G A T I O N , P E R L O T Ea c h 2 5 $5 0 0 . 0 0 $1 2 , 5 0 0 . 0 0 16 . 0 $8 , 0 0 0 . 0 0 9. 0 $4 , 5 0 0 . 0 0 44 2 5 0 3 . 5 4 1 1 2 " R C P I P E S E W E R D E S I G N 3 0 0 6 C L AS S V L. F . 1 , 8 0 0 $3 0 . 0 0 $5 4 , 0 0 0 . 0 0 1,800.0$54,000.00 45 2 5 0 3 . 5 4 1 1 5 " R C P I P E S E W E R D E S I G N 3 0 0 6 C L AS S V L. F . 3 2 5 $3 2 . 0 0 $1 0 , 4 0 0 . 0 0 325.0$10,400.00 46 2 5 0 3 . 5 4 1 1 8 " R C P I P E S E W E R D E S I G N 3 0 0 6 C L AS S V L. F . 1 , 0 1 5 $3 8 . 0 0 $3 8 , 5 7 0 . 0 0 1,015.0$38,570.00 47 2 5 0 3 . 5 4 1 2 1 " R C P I P E S E W E R D E S I G N 3 0 0 6 C L AS S V L. F . 7 5 $4 8 . 0 0 $3 , 6 0 0 . 0 0 75.0$3,600.00 48 2 5 0 3 . 6 0 2 R E C O N S T R U C T S A N I T A R Y S T R U C T U R E Ea c h 2 $1 , 0 0 0 . 0 0 $2 , 0 0 0 . 0 0 2. 0 $2 , 0 0 0 . 0 0 49 2 5 0 4 . 6 0 2 H Y D R A N T I N S T A L L A T I O N Ea c h 8 $3 , 6 0 0 . 0 0 $ 2 8 , 8 0 0 . 0 0 8.0$28,800.00 50 2 5 0 4 . 6 0 2 6 " G A T E V A L V E I N S T A L L A T I O N Ea c h 6 $1 , 3 0 0 . 0 0 $7 , 8 0 0 . 0 0 6.0$7,800.00 51 2 5 0 4 . 6 0 2 8 " G A T E V A L V E I N S T A L L A T I O N Ea c h 1 2 $1 , 8 0 0 . 0 0 $ 2 1 , 6 0 0 . 0 0 12.0$21,600.00 52 2 5 0 4 . 6 0 2 R EP A I R S E R V I C E S T O P B O X Ea c h 1 $4 0 0 . 0 0 $4 0 0 . 0 0 1.0$400.00 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 Page 1 of 2page 80 PR O J E C T TO T A L LO C A L J O B 2 0 0 9 0 2 , R O A D W A Y ST R E E T R E C O N S T R U C T I O N LO C A L J O B 2 0 0 9 0 2 , R O A D W A Y ST R E E T R E H A B I L I T A T I O N LO C A L J O B 2 0 0 9 0 2 , R O A D W A Y MI L L A N D O V E R L A Y LOCAL JOB 200902 CURB REPLACEMENTLOCAL JOB 200902 STORM SEWERLOCAL JOB 200902 WATER MAINLOCAL JOB 200902 SANITARY SEWER 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 QUANTITYENGINEER'S ESTIMATED AMOUNTENGINEER'S ESTIMATED QUANTITYENGINEER'S ESTIMATED AMOUNTENGINEER'S ESTIMATED QUANTITYENGINEER'S ESTIMATED AMOUNTENGINEER'S ESTIMATED QUANTITYENGINEER'S ESTIMATED AMOUNT 53 2 5 0 4 . 6 0 2 A D J U S T S E R V I C E S T O P B O X Ea c h 4 6 $ 1 5 0 . 0 0 $ 6 , 9 0 0 . 0 0 46.0$6,900.00 54 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 23 $ 3 5 0 . 0 0 $ 8 , 0 5 0 . 0 0 9 . 0 $3 , 1 5 0 . 0 0 2 . 0 $ 7 0 0 . 0 0 12.0$4,200.00 55 2 5 0 4 . 6 0 2 W A T E R U T I L I T Y H O L E Ea c h 4 $ 8 0 0 . 0 0 $ 3 , 2 0 0 . 0 0 4.0$3,200.00 56 2 5 0 4 . 6 0 3 6 " D I W A T E R M A I N R E P L A C E M E N T L. F . 1 8 2 $ 5 2 . 0 0 $ 9 , 4 6 4 . 0 0 182.0$9,464.00 57 2 5 0 4 . 6 0 3 8 " D I W A T E R M A I N R E P L A C E M E N T L. F . 4 , 1 4 3 $ 5 5 . 0 0 $ 2 2 7 , 8 6 5 . 0 0 4,143.0$227,865.00 58 2 5 0 4 . 6 0 4 2 " I N S U L A T I O N S. Y . 1 2 0 $ 3 0 . 0 0 $ 3 , 6 0 0 . 0 0 120.0$3,600.00 59 2 5 0 4 . 6 0 8 D U C T I L E A N D G R E Y I R O N F I T T I N G S LB 4 , 1 4 3 $ 4 . 5 0 $ 1 8 , 6 4 3 . 5 0 4,143.0$18,643.50 60 2 5 0 6 . 5 0 2 C O N S T R U C T C A T C H BA S I N D E S I G N 2 ' X 3 ' , I N - P L A C E Ea c h 1 2 $ 1 , 3 0 0 . 0 0 $ 1 5 , 6 0 0 . 0 0 12.0$15,600.00 61 2 5 0 6 . 5 0 2 C O N S T R U C T D R A I N A G E S T R U C T U R E D E S I G N 4 8 - 4 0 2 0 Ea c h 2 0 $ 1 , 7 0 0 . 0 0 $ 3 4 , 0 0 0 . 0 0 20.0$34,000.00 62 2 5 0 6 . 5 0 2 C O N S T R U C T D R A I N A G E S T R U C T U R E D E S I G N 6 0 - 4 0 2 0 Ea c h 3 $ 2 , 0 0 0 . 0 0 $ 6 , 0 0 0 . 0 0 3.0$6,000.00 63 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 3 5 $ 8 0 0 . 0 0 $ 2 8 , 0 0 0 . 0 0 35.0$28,000.00 64 2 5 0 6 . 5 2 2 A D J U S T F R A M E & R I N G C A S T I N G Ea c h 17 $ 3 2 5 . 0 0 $ 5 , 5 2 5 . 0 0 1 7 . 0 $ 5 , 5 2 5 . 0 0 65 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 15 $ 5 5 0 . 0 0 $ 8 , 2 5 0 . 0 0 1 1 . 0 $6 , 0 5 0 . 0 0 4 . 0 $ 2 , 2 0 0 . 0 0 66 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 34 $ 6 5 0 . 0 0 $ 2 2 , 1 0 0 . 0 0 1 5 . 0 $ 9 , 7 5 0 . 0 0 16 . 0 $ 1 0 , 4 0 0 . 0 0 3 . 0 $ 1 , 9 5 0 . 0 0 67 2 5 1 1 . 5 0 2 R A N D O M R I P R A P , C L AS S I I I TO N 3 6 $ 1 0 0 . 0 0 $ 3 , 6 0 0 . 0 0 36.0$3,600.00 68 2 5 2 1 . 5 0 1 4 " C O N C R E T E W A L K S. F . 8 5 $ 5 . 0 0 $ 4 2 5 . 0 0 8 5 . 0 $ 4 2 5 . 0 0 69 2 5 3 1 . 5 0 1 C O N C 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 . 8 , 0 5 0 $ 1 0 . 5 0 $ 8 4 , 5 2 5 . 00 8 , 0 5 0 . 0 $ 8 4 , 5 2 5 . 0 0 70 2 5 3 1 . 5 0 7 6 " C O N C R E T E D R I V E W A Y PA V E M E N T S. Y . 5 1 0 $ 4 5 . 0 0 $ 2 2 , 9 5 0 . 0 0 4 6 0 . 0 $ 2 0 , 70 0 . 0 0 3 0 . 0 $ 1 , 3 5 0 . 0 0 2 0 . 0 $ 9 0 0 . 0 0 71 2 5 3 1 . 5 0 7 6 " C O N C R E T E D R I V E W A Y PA V E M E N T ( S P E C I A L ) S. Y . 9 3 $ 5 5 . 0 0 $ 5 , 1 1 5 . 0 0 9 3 . 0 $ 5 , 1 1 5 . 0 0 72 2 5 3 1 . 6 0 3 R E M O V E A N D R E P L A C E C U R B & G U T T E R - B 6 1 8 ( I N 2 0 1 3 ) L. F . 1 , 3 9 3 $ 2 3 . 0 0 $ 3 2 , 0 3 9 . 0 0 1,393.0$32,039.00 73 2 5 3 1 . 6 0 3 R E M O V E A N D R E P L A C E C U R B & G U T T E R - B 6 1 8 ( I N 2 0 1 4 ) L. F . 8 0 5 $ 2 4 . 0 0 $ 1 9 , 3 2 0 . 0 0 80 5 . 0 $1 9 , 3 2 0 . 0 0 74 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 7 $5 0 . 0 0 $8 5 0 . 0 0 17 . 0 $8 5 0 . 0 0 75 2 5 3 1 . 6 1 8 T R U N C A T E D D O M E P A N E L S. F . 1 2 $3 8 . 0 0 $4 5 6 . 0 0 12 . 0 $4 5 6 . 0 0 76 2 5 6 3 . 6 0 1 T R A F F I C C O N T R O L L. S . 1 . 0 0 $ 1 5 , 0 0 0 . 0 0 $ 1 5 , 0 0 0 . 0 0 0. 5 0 $7 , 5 0 0 . 0 0 0. 2 5 $3 , 7 5 0 . 0 0 0. 2 5 $3 , 7 5 0 . 0 0 77 2 5 7 3 . 5 0 2 S I L T F E N C E , T YP E H E A V Y D U T Y L. F . 1 , 0 0 0 $2 . 0 0 $2 , 0 0 0 . 0 0 1, 0 0 0 . 0 $2 , 0 0 0 . 0 0 78 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 D U R I N G C O N S T R U C T I O N Ea c h 50 $2 2 5 . 0 0 $1 1 , 2 5 0 . 0 0 35 . 0 $7 , 8 7 5 . 00 11 . 0 $2 , 4 7 5 . 0 0 4. 0 $9 0 0 . 0 0 79 2 5 7 5 . 5 0 5 S O D D I N G T YP E L A W N S. Y . 1 1 , 3 1 9 $5 . 0 0 $5 6 , 5 9 5 . 00 11 , 0 0 9 . 0 $5 5 , 0 4 5 . 0 0 310.0$1,550.00 80 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 . 8 8 1 $3 . 0 0 $2 , 6 4 3 . 0 0 50 0 . 0 $1 , 5 0 0 . 0 0 38 1 . 0 $1 , 1 4 3 . 0 0 81 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 5 0 $3 0 . 0 0 $4 , 5 0 0 . 0 0 10 0 . 0 $3 , 0 0 0 . 0 0 50 . 0 $1 , 5 0 0 . 0 0 82 2 5 8 2 . 5 0 2 4 " S O L I D L I N E W H I T E - P A I N T L. F . 2, 3 3 0 $0 . 4 0 $9 3 2 . 0 0 2, 3 3 0 . 0 $9 3 2 . 0 0 83 2 5 8 2 . 5 0 2 4 " B R O K E N L I N E Y E L L O W - P A I N T L. F . 1 8 9 $0 . 4 0 $7 5 . 6 0 18 9 . 0 $7 5 . 6 0 84 2 5 8 2 . 5 0 2 4 " D O U B L E S O L I D L I N E Y E L L O W - P A I N T L. F . 3 0 0 $0 . 4 0 $1 2 0 . 0 0 30 0 . 0 $1 2 0 . 0 0 85 2 5 8 2 . 5 0 2 4 " S O L I D L I N E W H I T E - E P O X Y L. F . 2 , 3 3 0 $0 . 5 0 $1 , 1 6 5 . 0 0 2, 3 3 0 . 0 $1 , 1 6 5 . 0 0 86 2 5 8 2 . 5 0 2 1 2 " S O L I D L I N E W H I T E - E P O X Y L. F . 1 2 0 $5 . 0 0 $6 0 0 . 0 0 12 0 . 0 $6 0 0 . 0 0 87 2 5 8 2 . 5 0 2 4 " B R O K E N L I N E Y E L L O W - E P O X Y L. F . 1 8 9 $0 . 6 0 $1 1 3 . 4 0 18 9 . 0 $1 1 3 . 4 0 88 2 5 8 2 . 5 0 2 4 " D O U B L E S O L I D L I N E Y E L L O W - E P O X Y L. F . 3 0 0 $0 . 7 5 $2 2 5 . 0 0 30 0 . 0 $2 2 5 . 0 0 SU B T O T A L $1 , 9 1 9 , 3 5 6 . 7 5 $8 2 2 , 4 4 6 . 2 5 $2 3 8 , 7 6 7 . 5 0 $4 1 , 1 1 5 . 5 0 $34,525.00$199,370.00$383,132.50$200,000.00 Page 2 of 2page 81 Feasibility Report Project No. 200902 APPENDIX I: Preliminary Assessment Roll page 82 IN T E R E S T R A T E = 6 % 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 HU N T E R / O R C H A R D R E C O N S T R U C T I O N JO B N O . 2 0 0 9 0 2 I M P R . 2 0 0 9 - 0 1 ST R E E T R E C O N S T R U C T I O N = 1 9 Y E A R S ST R E E T P R O J E C T 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 MI L L A N D O V E R L A Y = 1 0 Y E A R S Pa r c e l N o : R e p u t e d O w n e r a n d D e s c r i p t i o n S u b d i v i s i o n : Lo t : Bl o c k : St r e e t Re c o n Mill Overlay St r e e t Re h a b 27 - 0 2 7 0 0 - 01 - 0 2 0 Ro b e r t J . & S u s a n A . H u g h e s 11 1 7 O r c h a r d P l a c e Sa i n t P a u l , M N 5 5 1 1 8 - 4 1 1 9 Se c t i o n 2 7 T w n 2 8 R a n g e 2 3 W 10 8 f t o f E 3 3 9 f t o f N 2 1 4 . 5 f t o f NE 1 / 4 e x S 3 0 f t f o r r d 02 0 01 $ 8 , 8 5 0 . 0 0 $0.00$0.00 27 - 0 2 7 0 0 - 01 - 0 3 0 Ja y C . P h i l l i p s 11 2 7 O r c h a r d P l a c e Sa i n t P a u l , M N 5 5 1 1 8 - 4 1 1 9 Se c t i o n 2 7 T w n 2 8 R a n g e 2 3 W 20 0 f t o f E 5 3 9 f t o f N 2 1 4 . 5 0 f t of N E 1 / 4 o f N E 1 / 4 03 0 01 $8 , 8 5 0 . 0 0 $0.00$0.00 27 - 0 2 7 0 0 - 01 - 0 4 0 Ro g e r K . & N o n a M o s v i c k 11 3 3 O r c h a r d P l a c e Sa i n t P a u l , M N 5 5 1 1 8 - 4 1 1 9 Se c t i o n 2 7 T w n 2 8 R a n g e 2 3 W 21 1 f t o f E 7 5 0 f t o f N 2 1 4 . 5 0 f t of N E 1 / 4 e x S 3 0 f t 04 0 01 $ 8 , 8 5 0 . 0 0 $0.00$0.00 27 - 0 2 7 0 0 - 01 - 0 5 1 Ro b e r t G . F o g t & E l i z a b e t h A . Z i l e n 11 4 5 O r c h a r d P l a c e Sa i n t P a u l , M N 5 5 1 1 8 - 4 1 1 9 Se c t i o n 2 7 T w n 2 8 R a n g e 2 3 N 21 4 . 5 0 f t o f W 1 0 0 f t o f E 9 5 0 f t of N E 1 / 4 o f N E 1 / 4 e x S 3 0 f t fo r r d 05 1 01 $ 8 , 8 5 0 . 0 0 $0.00$0.00 27 - 0 2 7 0 0 - 01 - 0 5 2 Ra l p h W . & P a m e l a N o r d s t r o m 11 3 9 O r c h a r d P l a c e Sa i n t P a u l , M N 5 5 1 1 8 - 4 1 1 9 Se c t i o n 2 7 T w n 2 8 R a n g e 2 3 E 10 0 f t o f N 2 1 4 . 5 f t o f W 2 0 0 f t of E 9 5 0 f t o f N E 1 / 4 o f N E 1 / 4 ex S 3 0 f t 05 2 01 $ 8 , 8 5 0 . 0 0 $0.00$0.00 Pa g e 1 o f 1 3 Hu n t e r a n d O r c h a r d - D r a f t page 83 Pa r c e l N o : R e p u t e d O w n e r a n d D e s c r i p t i o n S u b d i v i s i o n : Lo t : Bl o c k : St r e e t Re c o n Mill Overlay St r e e t Re h a b 27 - 0 2 7 0 0 - 01 - 0 8 0 J. B r a d n e r & J a n e t B . S m i t h 18 1 9 H u n t e r L a n e Sa i n t P a u l , M N 5 5 1 1 8 - 4 1 1 0 Se c t i o n 2 7 T w n 2 8 R a n g e 2 3 p t of N W 1 / 4 o f N E 1 / 4 o f g o v t L - 2 co m a t i n t o f N l i n e & S E l i n e Be a u d e t t s A d d S E 2 6 0 f t t o p t 18 4 . 5 f t S & 1 5 0 0 f t W o f N E c o r E 1 3 0 f t S 3 0 f t W 5 3 9 f t t o Be a u d e t t s A d d N E 3 2 0 f t t o p t o f be g 08 0 01 $ 8 , 8 5 0 . 0 0 $0.00$0.00 27 - 0 2 7 0 0 - 02 - 0 1 0 Pa u l G . & E l a i n a K . P e r l e b e r g 42 1 1 1 F r e m o n t A v e . S . Mi n n n e a p o l i s , M N 5 5 4 0 9 Se c t i o n 2 7 T w n 2 8 R a n g e 2 3 p t NE 1 / 4 b e g a t p t 2 1 4 . 5 f t S o f NE c o r n e r c o n t S o n E l i n e 1 2 1 ft W p a r r W N l i n e 2 8 7 f t N p a r r E l i n e 1 2 1 f t E p a r r N l i n e 2 8 7 f t to b e g s u b j t o r d o n N & E a s t 01 0 02 $ 8 , 8 5 0 . 0 0 $0.00$0.00 27 - 0 2 7 0 0 - 08 - 0 1 0 Ar t h u r & D i a n a L . M u l v i h i l l 11 5 4 O r c h a r d P l a c e Sa i n t P a u l , M N 5 5 1 1 8 - 4 1 1 8 Se c t i o n 2 7 T w n 2 8 R a n g e 2 3 E 1/ 2 o f N 2 A o f W 3 4 2 . 5 f t o f E 13 6 9 . 9 8 f t o f N 1 7 6 5 . 5 f t o f S 24 2 5 . 5 f t o f N E 1 / 4 01 0 08 $ 8 , 8 5 0 . 0 0 $0.00$0.00 27 - 0 2 7 0 0 - 08 - 0 3 2 Ri c h a r d W . W e i s b e c k e r 18 4 0 H u n t e r L a n e Me n d o t a H e i g h t s , M N 5 5 1 1 8 Se c t i o n 2 7 T w n 2 8 R a n g e 2 3 W 17 1 . 2 5 f t o f S 1 2 7 . 1 8 f t o f N 38 1 . 5 4 f t o f W 3 4 2 . 5 0 f t o f E 13 6 9 . 9 8 f t o f N 1 7 6 5 . 5 f t o f S 24 2 5 . 5 f t o f N E 1 / 4 03 2 08 $ 8 , 8 5 0 . 0 0 $0.00$0.00 27 - 0 2 7 0 0 - 08 - 0 4 0 Ri c h a r d W . W e i s b e c k e r 18 4 0 H u n t e r L a n e Me n d o t a H e i g h t s , M N 5 5 1 1 8 Se c t i o n 2 7 T w n 2 8 R a n g e 2 3 S 14 7 . 1 8 f t o f N 4 0 1 . 5 4 f t o f W 17 1 . 2 5 f t o f E 1 1 9 8 . 7 3 f t o f N 17 6 5 f t o f S 2 4 2 5 . 5 f t o f N E 1 / 4 04 0 08 $ 8 , 8 5 0 . 0 0 $0.00$0.00 27 - 1 3 7 0 0 - 01 - 0 1 0 Be t h J a c o b C o n g r e g a t i o n 11 7 9 V i c t o r i a C u r v e Me n d o t a H e i g h t s , M N 5 5 1 1 8 - 4 1 0 6 Be t h J a c o b S y n a g o g u e 0 1 0 01 $ 8 , 8 5 0 . 0 0 $0.00$0.00 Pa g e 2 o f 1 3 Hu n t e r a n d O r c h a r d - D r a f t page 84 Pa r c e l N o : R e p u t e d O w n e r a n d D e s c r i p t i o n S u b d i v i s i o n : Lo t : Bl o c k : St r e e t Re c o n Mill Overlay St r e e t Re h a b 27 - 1 5 6 0 0 - 00 - 0 1 1 Al a n O l s t e i n & P h y l l i s K a r a s o v 19 5 4 G l e n h i l l R o a d Sa i n t P a u l , M N 5 5 1 1 8 - 4 1 6 4 Bu r n s H e i g h t s N 1 / 2 o f S 2 / 3 o f L- 1 01 1 00 $ 0 . 0 0 $0.00 $3 , 6 5 0 . 0 0 27 - 1 5 6 0 0 - 00 - 0 2 1 Ka t h r y n L a v a a s T s t e J e w e l l 19 4 8 G l e n h i l l R o a d Me n d o t a H e i g h t s , M N 5 5 1 1 8 - 4 1 6 4 Bu r n s H e i g h t s N 1 / 3 o f L o t 1 & N 1 / 3 o f L o t 2 02 0 02 $ 0 . 0 0 $0.00 $3 , 6 5 0 . 0 0 27 - 1 5 6 0 0 - 00 - 0 5 0 Ca r o l J e a n T s t e A d a m s 19 9 1 H u n t e r L a n e Sa i n t P a u l , M N 5 5 1 1 8 - 4 1 1 2 Bu r n s H e i g h t s N 1 6 0 f t o f E 4 3 . 4 ft o f L o t 4 N 1 6 0 f t o f L o t 5 05 0 00 $ 8 , 8 5 0 . 0 0 $0.00$0.00 27 - 1 5 6 0 0 - 00 - 0 5 3 Mi c h a e l J . P r e h a t n e y & R i c h a r d M . & Ma r y P . P r e h a t n e y 11 8 1 V i c t o r i a C u r v e Sa i n t P a u l , M N 5 5 1 1 8 - 4 1 0 7 Bu r n s H e i g h t s L o t 5 e x N 1 6 0 f t & e x W 3 6 . 6 f t 05 3 00 $ 8 , 8 5 0 . 0 0 $0.00$0.00 27 - 1 6 7 0 0 - 01 - 0 1 0 Be n t l e y J . A n d e r s o n & T h e r e s e D o s c h An d e r s o n 18 3 0 H u n t e r L a n e Sa i n t P a u l , M N 5 5 1 1 8 - 4 1 0 9 Ce l i a ' s A d d i t i o n L - 1 B - 1 0 1 0 01 $ 8 , 8 5 0 . 0 0 $0.00$0.00 27 - 1 6 7 0 0 - 01 - 0 2 0 Ch a r l e s M . & D a w n M . C a m p i o n 18 3 6 H u n t e r L a n e Sa i n t P a u l , M N 5 5 1 1 8 - 4 1 0 9 Ce l i a ' s A d d i t i o n L - 2 B - 1 0 2 0 01 $ 8 , 8 5 0 . 0 0 $0.00$0.00 27 - 1 8 2 0 0 - 00 - 0 1 1 Pa u l i n e C . C h a p u t 18 3 5 H u n t e r L a n e Sa i n t P a u l , M N 5 5 1 1 8 - 4 1 1 0 Co l l i t o n P l a c e S 1 / 2 o f L o t 1 0 1 1 00 $ 8 , 8 5 0 . 0 0 $0.00$0.00 27 - 1 8 2 0 0 - 00 - 0 2 0 De n n i s J . & L o r i s J . G a l l i g a n 18 4 5 H u n t e r L a n e Sa i n t P a u l , M N 5 5 1 1 8 - 4 1 1 0 Co l l i t o n P l a c e L o t 2 0 2 0 00 $ 8 , 8 5 0 . 0 0 $0.00$0.00 Pa g e 3 o f 1 3 Hu n t e r a n d O r c h a r d - D r a f t page 85 Pa r c e l N o : R e p u t e d O w n e r a n d D e s c r i p t i o n S u b d i v i s i o n : Lo t : Bl o c k : St r e e t Re c o n Mill Overlay St r e e t Re h a b 27 - 1 8 2 0 0 - 00 - 0 3 0 Pa u l & V i c k i K a t z 18 5 5 H u n t e r L a n e Sa i n t P a u l , M N 5 5 1 1 8 - 4 1 1 0 Co l l i t o n P l a c e L o t 3 0 3 0 00 $ 8 , 8 5 0 . 0 0 $0.00$0.00 27 - 1 8 2 0 0 - 00 - 0 4 0 Ts t e o f t h e J o h n & M a r c i a T r o s k a T r u s t 18 6 7 H u n t e r L a n e Sa i n t P a u l , M N 5 5 1 1 8 - 4 1 1 0 Co l l i t o n P l a c e L o t 4 e x c o m S E co r N 1 8 . 8 f t W 3 1 6 f t N W t o p t 45 . 3 5 f t N o f S W c o r S 4 5 . 3 5 f t E 4 8 0 . 3 f t t o b e g 04 0 00 $ 8 , 8 5 0 . 0 0 $0.00$0.00 27 - 1 8 2 0 0 - 00 - 0 5 0 Br u c e D . & S u s a n E . B . E l l i o t t 18 7 5 H u n t e r L a n e Sa i n t P a u l , M N 5 5 1 1 8 - 4 1 1 0 Co l l i t o n P l a c e c o m S E c o r N 18 . 8 f t W 3 1 6 f t N W t o p t 4 5 . 3 5 ft N o f S W c o r S 4 5 . 3 5 f t E 48 0 . 3 f t t o b e g p t o f L o t 4 a n d a l l of L o t 5 05 0 00 $ 8 , 8 5 0 . 0 0 $0.00$0.00 27 - 2 9 2 0 0 - 01 - 0 1 0 We s t o n L e w i s C u t t e r & J o y c e D i a n e Pa x t o n 11 6 9 V e r o n i c a L a n e Me n d o t a H e i g h t s , M N 5 5 1 1 8 Ge n z A d d i t i o n L - 1 B - 1 0 1 0 01 $ 0 . 0 0 $0.00 $3 , 6 5 0 . 0 0 27 - 2 9 2 0 0 - 01 - 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 V i c t o r i a C u r v e Sa i n t P a u l , M N 5 5 1 1 8 - 4 1 6 7 Ge n z A d d i t i o n E 1 0 8 . 5 f t o f L o t 2 B l k 1 02 0 01 $ 0 . 0 0 $0.00 $3 , 6 5 0 . 0 0 27 - 2 9 2 0 0 - 01 - 0 2 1 Fr e d e r i c k W I I T s t e F i s c h e r & M a r g a r e t A. T s t e F i s c h e r 11 6 3 V e r o n i c a L a n e Me n d o t a H e i g h t s , M N 5 5 1 1 8 - 4 1 2 1 Ge n z A d d i t i o n L o t s 2 B l k 1 e x E 10 8 . 5 f t o f L o t 2 B l k 1 02 1 01 $ 0 . 0 0 $0.00 $3 , 6 5 0 . 0 0 27 - 2 9 2 0 0 - 02 - 0 1 0 Is a d o r e & C h e r y l S a i d e 19 4 0 H u n t e r L a n e Sa i n t P a u l , M N 5 5 1 1 8 - 4 1 1 1 Ge n z A d d i t i o n L - 1 B - 2 0 1 0 02 $ 0 . 0 0 $0.00 $3 , 6 5 0 . 0 0 Pa g e 4 o f 1 3 Hu n t e r a n d O r c h a r d - D r a f t page 86 Pa r c e l N o : R e p u t e d O w n e r a n d D e s c r i p t i o n S u b d i v i s i o n : Lo t : Bl o c k : St r e e t Re c o n Mill Overlay St r e e t Re h a b 27 - 2 9 2 0 0 - 02 - 0 2 0 Ei l e e n M . C a p e c c h i 11 6 2 V e r o n i c a L a n e Sa i n t P a u l , M N 5 5 1 1 8 - 4 1 2 0 Ge n z A d d i t i o n L - 2 B - 2 0 2 0 02 $ 0 . 0 0 $0.00 $3 , 6 5 0 . 0 0 27 - 2 9 2 0 0 - 02 - 0 3 0 Ga r y J a m e s & T o n i C . G e n z 11 5 8 V e r o n i c a L a n e Sa i n t P a u l , M N 5 5 1 1 8 - 4 1 2 0 Ge n z A d d i t i o n L - 3 B - 2 0 3 0 02 $ 0 . 0 0 $0.00 $3 , 6 5 0 . 0 0 27 - 3 3 9 0 0 - 01 - 0 1 0 Th e l m a E . H u n t e r 11 7 5 O r c h a r d P l a c e Sa i n t P a u l , M N 5 5 1 1 8 - 4 1 1 9 Hu n t e r B l u f f L - 1 B - 1 0 1 0 01 $ 8 , 8 5 0 . 0 0 $0.00$0.00 27 - 3 3 9 0 0 - 01 - 0 2 0 Th e l m a E . H u n t e r T h e l m a & S t e p h e n T s t Hu n t e r 11 7 5 O r c h a r d P l a c e Sa i n t P a u l , M N 5 5 1 1 8 Hu n t e r B l u f f L - 2 B - 1 0 2 0 01 $ 8 , 8 5 0 . 0 0 $0.00$0.00 27 - 3 3 9 0 0 - 01 - 0 3 0 St e p h e n G . & A n n e H u n t e r 11 7 1 O r c h a r d P l a c e Sa i n t P a u l , M N 5 5 1 1 8 - 4 1 1 9 Hu n t e r B l u f f L - 3 B - 1 0 3 0 01 $ 8 , 8 5 0 . 0 0 $0.00$0.00 27 - 4 4 9 0 0 - 00 - 0 2 0 Da v i d L . L i b e r t i n i & P a m e l a R . L i b e r t i n i 19 1 9 H u n t e r L a n e Me n d o t a H e i g h t s , M N 5 5 1 1 8 - 4 1 5 3 Le o n e R e a r r a n g e m e n t a l l o f l o t s 1 & 2 02 0 00 $ 8 , 8 5 0 . 0 0 $0.00$0.00 27 - 4 4 9 0 0 - 00 - 0 3 0 Je r o m e B . & D e b r a K . A b r a m s 11 8 7 C u l l i g a n L a n e Me n d o t a H e i g h t s , M N 5 5 1 1 8 - 4 1 0 2 Le o n e R e a r r a n g e m e n t L - 3 0 3 0 00 $ 8 , 8 5 0 . 0 0 $0.00$0.00 27 - 4 4 9 0 0 - 00 - 0 4 0 Th o m a s C . & S a r a H . G a v i n 11 9 9 C u l l i g a n L a n e Me n d o t a H e i g h t s , M N 5 5 1 1 8 - 4 1 0 2 Le o n e R e a r r a n g e m e n t L - 4 0 4 0 00 $ 8 , 8 5 0 . 0 0 $0.00$0.00 Pa g e 5 o f 1 3 Hu n t e r a n d O r c h a r d - D r a f t page 87 Pa r c e l N o : R e p u t e d O w n e r a n d D e s c r i p t i o n S u b d i v i s i o n : Lo t : Bl o c k : St r e e t Re c o n Mill Overlay St r e e t Re h a b 27 - 4 4 9 0 0 - 00 - 0 5 0 Br i a n E . & J e n n i f e r L . K r i s k o 12 0 5 C u l l i g a n L a n e Me n d o t a H e i g h t s , M N 5 5 1 1 8 Le o n e R e a r r a n g e m e n t L - 5 & th a t p t o f C u l l i g a n L a n e c u l - d e - sa c l y i n g N o f l i n e b e g S E c o r W to S W c o r s a i d l o t & t h e r e t e r m 05 0 00 $ 8 , 8 5 0 . 0 0 $0.00$0.00 27 - 4 4 9 0 0 - 00 - 0 6 0 Ri c h a r d & R o b e r t a E d e l s t e i n 12 0 6 C u l l i g a n L a n e Me n d o t a H e i g h t s , M N 5 5 1 1 8 - 4 1 0 1 Le o n e R e a r r a n g e m e n t L - 6 0 6 0 00 $ 8 , 8 5 0 . 0 0 $0.00$0.00 27 - 4 4 9 0 0 - 00 - 0 7 0 Jo e l C . W h i t c o m b & M a r t h a K . S w e n s o n Wh i t c o m b 12 0 0 C u l l i g a n L a n e Me n d o t a H e i g h t s , M N 5 5 1 1 8 - 4 1 0 1 Le o n e R e a r r a n g e m e n t L - 7 0 7 0 00 $ 8 , 8 5 0 . 0 0 $0.00$0.00 27 - 4 4 9 0 0 - 00 - 0 9 1 Ra y m o n d C . & E v e l y n L u n d g r e n 11 9 0 C u l l i g a n L a n e Me n d o t a H e i g h t s , M N 5 5 1 1 8 - 4 1 0 1 Le o n e R e a r r a n g e m e n t a l l o f L o t 8 & W 3 0 f t o f L o t 9 09 1 00 $ 8 , 8 5 0 . 0 0 $0.00$0.00 27 - 4 4 9 0 0 - 00 - 0 9 2 Jo h n & R e b e c c a D o u g h e r t y 19 3 3 H u n t e r L a n e Me n d o t a H e i g h t s , M N 5 5 1 1 8 - 4 1 1 2 Le o n e R e a r r a n g e m e n t L o t 9 e x W 3 0 f t 09 2 00 $ 8 , 8 5 0 . 0 0 $0.00$0.00 27 - 5 3 5 0 0 - 01 - 0 1 0 St e v e n B . & C a t h e r i n e M e a n s 18 8 9 H u n t e r L a n e Me n d o t a H e i g h t s , M N 5 5 1 1 8 - 4 1 1 0 Oa k P o i n t L - 1 B - 1 0 1 0 01 $ 8 , 8 5 0 . 0 0 $0.00$0.00 27 - 5 3 5 0 0 - 01 - 0 2 1 Jo y R . T s t e V a n 18 8 5 H u n t e r L a n e Me n d o t a H e i g h t s , M N 5 5 1 1 8 - 4 1 1 0 Oa k P o i n t L o t 2 B l k 1 e x p t l y i n g W' l y o f N ' l y e x t o f E l i n e L o t 1 Bl k 1 02 1 01 $ 8 , 8 5 0 . 0 0 $0.00$0.00 27 - 5 4 1 5 0 - 01 - 0 1 0 Da v i d O l i n 11 4 0 O r c h a r d P l a c e Me n d o t a H e i g h t s , M N 5 5 1 1 8 Ol i n A d d i t i o n L - 1 B - 1 0 1 0 01 $ 8 , 8 5 0 . 0 0 $0.00$0.00 Pa g e 6 o f 1 3 Hu n t e r a n d O r c h a r d - D r a f t page 88 Pa r c e l N o : R e p u t e d O w n e r a n d D e s c r i p t i o n S u b d i v i s i o n : Lo t : Bl o c k : St r e e t Re c o n Mill Overlay St r e e t Re h a b 27 - 5 4 1 5 0 - 01 - 0 2 0 Ma r i l y n K . T s t e O l i n & M i c h a e l G . T s t e Ku l a 11 4 0 O r c h a r d P l a c e St . P a u l , M N 5 5 1 1 8 - 4 1 1 8 Ol i n A d d i t i o n L - 2 B - 1 0 2 0 01 $ 8 , 8 5 0 . 0 0 $0.00$0.00 27 - 5 7 2 0 0 - 01 - 0 1 0 Jo h n F . A p i t z & M a r y B . M a g n u s o n 18 3 1 H u n t e r L a n e St . P a u l , M N 5 5 1 1 8 - 4 1 1 0 Ph i l l i l p s H i l l A d d i t i o n L - 1 B - 1 0 1 0 01 $ 8 , 8 5 0 . 0 0 $0.00$0.00 27 - 5 7 2 0 0 - 01 - 0 2 0 Mi c h a e l & P a t r i c i a K u r t z 18 2 7 H u n t e r L a n e St . P a u l , M N 5 5 1 1 8 - 4 1 1 0 Ph i l l i l p s H i l l A d d i t i o n L - 2 B - 1 0 2 0 01 $ 8 , 8 5 0 . 0 0 $0.00$0.00 27 - 7 0 1 0 0 - 01 - 0 1 0 Da n i e l P . S m o l i k 19 0 8 H u n t e r L a n e Me n d o t a H e i g h t s , M N 5 5 1 1 8 - 4 1 0 9 Sm o l i k A d d i t i o n L - 1 B - 1 0 1 0 01 $ 8 , 8 5 0 . 0 0 $0.00$0.00 27 - 7 0 1 0 0 - 01 - 0 2 0 Ti m o t h y S . & T a m o r a J . M u r p h y 19 1 6 H u n t e r L a n e St . P a u l , M N 5 5 1 1 8 - 4 1 0 9 Sm o l i k A d d i t i o n L - 2 B - 1 0 2 0 01 $ 8 , 8 5 0 . 0 0 $0.00$0.00 27 - 7 3 3 0 0 - 01 - 0 1 0 Ch a d R . & K r i s t e n A . A b b o t t 18 5 0 H u n t e r L a n e Me n d o t a H e i g h t s , M N 5 5 1 1 8 Su n V i e w H i l l s L - 1 B - 1 0 1 0 01 $ 8 , 8 5 0 . 0 0 $0.00$0.00 27 - 7 3 3 0 0 - 01 - 0 2 0 Jo n A . M a t h i s r u d T s t e e 18 6 0 H u n t e r L a n e Me n d o t a H e i g h t s , M N 5 5 1 1 8 Su n V i e w H i l l s L - 2 B - 1 0 2 0 01 $ 8 , 8 5 0 . 0 0 $0.00$0.00 27 - 7 3 3 0 0 - 01 - 0 3 0 Sc o t t & J e n n i f e r V a n 18 7 0 H u n t e r L a n e St . P a u l , M N 5 5 1 1 8 - 4 1 0 9 Su n V i e w H i l l s L - 3 B - 1 0 3 0 01 $ 8 , 8 5 0 . 0 0 $0.00$0.00 Pa g e 7 o f 1 3 Hu n t e r a n d O r c h a r d - D r a f t page 89 Pa r c e l N o : R e p u t e d O w n e r a n d D e s c r i p t i o n S u b d i v i s i o n : Lo t : Bl o c k : St r e e t Re c o n Mill Overlay St r e e t Re h a b 27 - 7 3 3 0 0 - 01 - 0 4 0 Le o L . T s t e K e g l e r & M a c e l l i n e T s t e Ke g l e r 18 8 0 H u n t e r L a n e St . P a u l , M N 5 5 1 1 8 - 4 1 0 9 Su n V i e w H i l l s L - 4 B - 1 0 4 0 01 $ 8 , 8 5 0 . 0 0 $0.00$0.00 27 - 7 3 3 0 0 - 01 - 0 5 0 Ti m o t h y & N a n c y B a r t u s c h 18 9 0 H u n t e r L a n e St . P a u l , M N 5 5 1 1 8 - 4 1 0 9 Su n V i e w H i l l s L - 5 B - 1 0 5 0 01 $ 8 , 8 5 0 . 0 0 $0.00$0.00 27 - 7 3 6 0 0 - 01 - 0 1 0 Th o m a s J . & J u l i e A . P r o d a h l 11 2 4 O r c h a r d P l a c e Me n d o t a H e i g h t s , M N 5 5 1 1 8 - 4 1 1 8 Sw a n s o n s 1 s t A d d i t i o n L - 1 B - 1 0 1 0 01 $ 8 , 8 5 0 . 0 0 $0.00$0.00 27 - 8 1 2 5 0 - 01 - 0 1 0 Jo s e p h W . J u l i e t t e & P a t r i c i a A . J u l i e t t e 19 2 0 G l e n h i l l R o a d Sa i n t P a u l , M N 5 5 1 1 8 - 4 1 6 4 Va l l e y V i e w O a k L - 1 B - 1 0 1 0 01 $ 0 . 0 0 $0.00 $3 , 6 5 0 . 0 0 27 - 8 1 2 5 0 - 01 - 0 2 0 Gi n o W a r d & L a u r a L . W a r d 19 1 4 G l e n h i l l R o a d Me n d o t a H e i g h t s , M N 5 5 1 1 8 Va l l e y V i e w O a k L - 2 B - 1 0 2 0 01 $ 0 . 0 0 $0.00 $3 , 6 5 0 . 0 0 27 - 8 1 2 5 0 - 01 - 0 3 0 Ri c h a r d E . & N a n c y S w a n s o n 19 0 8 G l e n h i l l R o a d St . P a u l , M N 5 5 1 1 8 - 4 1 4 9 Va l l e y V i e w O a k L - 3 B - 1 0 3 0 01 $ 0 . 0 0 $0.00 $3 , 6 5 0 . 0 0 27 - 8 1 2 5 0 - 01 - 0 4 0 Er i k W . J o h n s o n & S t e p h a n i e R . J o h n s o n 19 0 2 G l e n h i l l R o a d Me n d o t a H e i g h t s , M N 5 5 1 1 8 Va l l e y V i e w O a k L - 4 B - 1 0 4 0 01 $ 0 . 0 0 $0.00 $3 , 6 5 0 . 0 0 27 - 8 1 2 5 0 - 01 - 0 5 0 Ev a n s E . C o n n e l l y J r . T s t e & A n n M . Co n n e l l y T s t e 19 0 1 G l e n h i l l R o a d Me n d o t a H e i g h t s , M N 5 5 1 1 8 Va l l e y V i e w O a k L - 5 B - 1 0 5 0 01 $ 0 . 0 0 $0.00 $3 , 6 5 0 . 0 0 Pa g e 8 o f 1 3 Hu n t e r a n d O r c h a r d - D r a f t page 90 Pa r c e l N o : R e p u t e d O w n e r a n d D e s c r i p t i o n S u b d i v i s i o n : Lo t : Bl o c k : St r e e t Re c o n Mill Overlay St r e e t Re h a b 27 - 8 1 2 5 0 - 01 - 0 6 0 Jo h n M . R o s z a k & L i n d a R . R o s z a k 12 3 5 C u l l i g a n L a n e Sa i n t P a u l , M N 5 5 1 1 8 - 4 1 5 1 Va l l e y V i e w O a k L - 6 B - 1 0 6 0 01 $ 0 . 0 0 $0.00 $3 , 6 5 0 . 0 0 27 - 8 1 2 5 0 - 01 - 0 7 0 Da n i e l A . & J o d i G . S a l t z m a n 19 2 1 G l e n h i l l R o a d Me n d o t a H e i g h t s , M N 5 5 1 1 8 - 4 1 6 5 Va l l e y V i e w O a k L - 7 B - 1 0 7 0 01 $ 0 . 0 0 $0.00 $3 , 6 5 0 . 0 0 27 - 8 1 2 5 0 - 01 - 0 8 0 Jo h n M . R o s z a k & L i n d a R . R o s z a k 12 3 5 C u l l i g a n L a n e Sa i n t P a u l , M N 5 5 1 1 8 - 4 1 5 1 Va l l e y V i e w O a k L - 8 B - 1 0 8 0 01 $ 0 . 0 0 $0.00 $3 , 6 5 0 . 0 0 27 - 8 1 2 5 0 - 01 - 0 9 0 Do m i n i c M . C i r e s i 12 4 7 C u l l i g a n L a n e Me n d o t a H e i g h t s , M N 5 5 1 1 8 Va l l e y V i e w O a k L - 9 B - 1 0 9 0 01 $ 0 . 0 0 $0.00 $3 , 6 5 0 . 0 0 27 - 8 1 2 5 0 - 01 - 1 0 0 Ri c h a r d & B M L a c h e n m a y e r 12 5 3 C u l l i g a n L a n e St . P a u l , M N 5 5 1 1 8 - 4 1 5 1 Va l l e y V i e w O a k L - 1 0 B - 1 1 0 0 01 $ 0 . 0 0 $0.00 $3 , 6 5 0 . 0 0 27 - 8 1 2 5 0 - 01 - 1 1 0 Da v i d & G l o r i a O l s e n 12 5 4 C u l l i g a n L a n e Me n d o t a H e i g h t s , M N 5 5 1 1 8 - 4 1 5 0 Va l l e y V i e w O a k L - 1 1 B - 1 1 1 0 01 $ 0 . 0 0 $0.00 $3 , 6 5 0 . 0 0 27 - 8 1 2 5 0 - 01 - 1 2 0 Ge r a l d J . S h a u g h n e s s y 12 4 8 C u l l i g a n L a n e Sa i n t P a u l , M N 5 5 1 1 8 - 4 1 5 0 Va l l e y V i e w O a k L - 1 2 B - 1 1 2 0 01 $ 0 . 0 0 $0.00 $3 , 6 5 0 . 0 0 27 - 8 1 2 5 0 - 01 - 1 3 0 Mi c h a e l & R u t h L . S e t h n a 12 4 2 C u l l i g a n L a n e St . P a u l , M N 5 5 1 1 8 - 4 1 5 0 Va l l e y V i e w O a k L - 1 3 B - 1 1 3 0 01 $ 0 . 0 0 $0.00 $3 , 6 5 0 . 0 0 Pa g e 9 o f 1 3 Hu n t e r a n d O r c h a r d - D r a f t page 91 Pa r c e l N o : R e p u t e d O w n e r a n d D e s c r i p t i o n S u b d i v i s i o n : Lo t : Bl o c k : St r e e t Re c o n Mill Overlay St r e e t Re h a b 27 - 8 1 2 5 0 - 01 - 1 4 0 Mi c h a e l P . & R u t h L y n f i e l d S e t h n a 12 4 2 C u l l i g a n L a n e Me n d o t a H e i g h t s , M N 5 5 1 1 8 - 4 1 5 0 Va l l e y V i e w O a k L - 1 4 B - 1 1 4 0 01 $ 0 . 0 0 $0.00 $3 , 6 5 0 . 0 0 27 - 8 1 2 5 0 - 01 - 1 5 0 No r b e r t J . & S a n d r a K r e b s b a c h 12 3 0 C u l l i g a n L a n e Sa i n t P a u l , M N 5 5 1 1 8 - 4 1 5 0 Va l l e y V i e w O a k L - 1 5 B - 1 1 5 0 01 $ 0 . 0 0 $0.00 $3 , 6 5 0 . 0 0 27 - 8 1 2 5 0 - 01 - 1 6 0 Jo h n R . & I v a l e e C . A r l a n d s o n 12 2 4 C u l l i g a n L a n e Sa i n t P a u l , M N 5 5 1 1 8 - 4 1 5 0 Va l l e y V i e w O a k L - 1 6 B - 1 1 6 0 01 $ 0 . 0 0 $0.00 $3 , 6 5 0 . 0 0 27 - 8 1 2 5 0 - 01 - 1 7 1 Da v i d L . & M a r y B . J a n i s c h 19 3 5 G l e n h i l l R o a d Me n d o t a H e i g h t s , M N 5 5 1 1 8 - 4 1 6 5 Va l l e y V i e w O a k L o t 1 7 B l k 1 ex t p t p l a t t e d a s V a l l e y V i e w Oa k 2 n d A d d i t i o n 17 1 01 $0 . 0 0 $0.00 $3 , 6 5 0 . 0 0 27 - 8 1 2 5 0 - 02 - 0 1 0 Cl e m e n t & M o l l y C o m m e r s 19 4 2 G l e n h i l l R o a d Me n d o t a H e i g h t s , M N 5 5 1 1 8 - 4 1 6 4 Va l l e y V i e w O a k L - 1 B - 2 0 1 0 02 $ 0 . 0 0 $0.00 $3 , 6 5 0 . 0 0 27 - 8 1 2 5 0 - 02 - 0 2 0 Pa t r i c k H . & R e n e e L . M c e v o y 19 3 6 G l e n h i l l R o a d Me n d o t a H e i g h t s , M N 5 5 1 1 8 - 4 1 6 4 Va l l e y V i e w O a k L - 2 B - 2 0 2 0 02 $ 0 . 0 0 $0.00 $3 , 6 5 0 . 0 0 27 - 8 1 2 5 1 - 00 - 0 1 0 La w r e n c e J . & M a r y M . C u l l i g a n 89 9 0 B a y C o l o n y D r i v e # 9 0 3 Na p l e s , F L 3 4 1 0 8 - 6 7 0 4 Va l l e y V i e w O a k 2 n d A d d i t i o n ou t l o t A 01 0 00 $ 0 . 0 0 $0.00 $3 , 6 5 0 . 0 0 27 - 8 1 2 5 1 - 01 - 0 1 0 La w r e n c e J . C u l l i g a n 89 9 0 B a y C o l o n y D r i v e # 9 0 3 Na p l e s , F L 3 4 1 0 8 - 6 7 0 4 Va l l e y V i e w O a k 2 n d A d d i t i o n L - 1 B - 1 01 0 01 $ 0 . 0 0 $0.00 $3 , 6 5 0 . 0 0 Pa g e 1 0 o f 1 3 Hu n t e r a n d O r c h a r d - D r a f t page 92 Pa r c e l N o : R e p u t e d O w n e r a n d D e s c r i p t i o n S u b d i v i s i o n : Lo t : Bl o c k : St r e e t Re c o n Mill Overlay St r e e t Re h a b 27 - 8 1 2 5 1 - - 01 - 0 2 0 Ja n e M c K a y & L o w e l l C h a p i n 19 4 9 G l e n h i l l R o a d Sa i n t P a u l , M N 5 5 1 1 8 - 4 1 6 5 Va l l e y V i e w O a k 2 n d A d d i t i o n L - 2 B - 1 02 0 01 $ 0 . 0 0 $0.00 $3 , 6 5 0 . 0 0 27 - 8 1 2 7 5 - 01 - 0 1 0 Pe t e r A . L i l l e b e r g 11 5 5 O r c h a r d P l a c e Me n d o t a H e i g h t s , M N 5 5 1 1 8 - 4 1 1 9 Va l s A d d i t i o n L - 1 B - 1 0 1 0 01 $ 8 , 8 5 0 . 0 0 $0.00$0.00 27 - 8 1 2 7 5 - 01 - 0 2 3 St e v e n G . & W e n d y B a l d i n g e r 11 4 7 O r c h a r d C i r c l e Me n d o t a H e i g h t s , M N 5 5 1 1 8 - 4 1 4 6 Va l s A d d i t i o n P t o f L o t 2 B l k 1 l y N' l y & E ' L y o f a l i n e c o m m o s t NW ' l y c o r o u t l o t A S 0 D 3 1 M 58 S E 3 0 f t S 8 8 D 5 2 M 2 1 S W 2 5 ft t o W l i n e L o t 2 & b e g o f l i n e N 88 D 5 2 M 2 1 S E 1 2 0 f t S 0D 3 1 M 5 8 S E 1 0 5 . 0 1 f t N 88 D 5 2 M 2 1 S E 5 f t t o E l i n e L o t 2 & t h e r e t e r m & a l s o a l l o f ou t l o t A 02 0 01 $ 0 . 0 0 $1,875.00$0.00 27 - 8 1 2 7 5 - 01 - 0 2 4 Al l a n P & M a r y E . S t e f f e s 11 4 9 O r c h a r d C i r c l e Sa i n t P a u l , M N 5 5 1 1 8 - 4 1 4 6 Va l s A d d i t i o n L o t 2 B l k 1 e x p t l y N' l y & E ' l y o f a l i n e c o m m o s t NW ' l y c o r o u t l o t A S 0 D 3 1 M 5 8 S E 3 0 f t S 8 8 D 5 2 M 2 1 S W 2 5 f t t o W l i n e L o t 2 & b e g o f l i n e N 88 D 5 2 M 2 1 S E 1 2 0 f t S 0D 3 1 M 5 8 S E 1 0 5 . 0 1 f t N 88 D 5 2 M 2 1 S E 5 f t t o E l i n e L o t 2 & t h e r e t e r m 02 0 01 $ 0 . 0 0 $1,875.00$0.00 27 - 8 1 2 7 5 - 01 - 0 3 0 Sc o t t & J e a n C o t t i n g t o n 11 5 1 O r c h a r d C i r c l e Me n d o t a H e i g h t s , M N 5 5 1 1 8 Va l s A d d i t i o n L o t 3 B l k 1 0 3 0 01 $ 0 . 0 0 $1,875.00$0.00 Pa g e 1 1 o f 1 3 Hu n t e r a n d O r c h a r d - D r a f t page 93 Pa r c e l N o : R e p u t e d O w n e r a n d D e s c r i p t i o n S u b d i v i s i o n : Lo t : Bl o c k : St r e e t Re c o n Mill Overlay St r e e t Re h a b 27 - 8 1 2 7 5 - 02 - 0 1 0 Mi c h a e l J . & M a r g a r e t R o s c h e r 11 4 0 O r c h a r d C i r c l e Sa i n t P a u l , M N 5 5 1 1 8 - 4 1 4 6 Va l s A d d i t i o n L o t 1 B l k 2 0 1 0 02 $ 0 . 0 0 $1,875.00$0.00 27 - 8 1 2 7 5 - 02 - 0 2 0 Ja m e s J . & S h a r o n W . B e r t r a n d 11 3 4 O r c h a r d C i r c l e Me n d o t a H e i g h t s , M N 5 5 1 1 8 Va l s A d d i t i o n L o t 2 B l k 2 0 2 0 02 $ 0 . 0 0 $1,875.00$0.00 27 - 8 1 2 7 5 - 02 - 0 3 0 Ge r a l d A . & M a r i l y n F . S t r o m m e n 11 2 8 O r c h a r d C i r c l e Sa i n t P a u l , M N 5 5 1 1 8 - 4 1 4 6 Va l s A d d i t i o n L o t 3 B l k 2 0 3 0 02 $ 0 . 0 0 $1,875.00$0.00 27 - 8 1 2 7 5 - 02 - 0 4 0 Jo a n n e & B r i a n M u l l e n 11 2 2 O r c h a r d C i r c l e Me n d o t a H e i g h t s , M N 5 5 1 1 8 - 4 1 4 6 Va l s A d d i t i o n L o t 4 B l k 2 0 4 0 02 $ 0 . 0 0 $1,875.00$0.00 27 - 8 1 2 7 5 - 02 - 0 6 0 Br i a n E . & J o a n n e J . M u l l e n 11 2 2 O r c h a r d C i r c l e Sa i n t P a u l , M N 5 5 1 1 8 - 4 1 4 6 Va l s A d d i t i o n L o t 6 B l k 2 0 6 0 02 $ 0 . 0 0 $1,875.00$0.00 27 - 8 1 2 7 5 - 02 - 0 7 0 Pa u l G . & L i s a M . B . D o r n 11 2 9 O r c h a r d C i r c l e Me n d o t a H e i g h t s , M N 5 5 1 1 8 - 4 1 4 6 Va l s A d d i t i o n L o t 7 B l k 2 0 7 0 02 $ 0 . 0 0 $1,875.00$0.00 27 - 8 1 2 7 5 - 02 - 0 8 0 Fr e d & K a r e n G o r d o n 11 3 5 O r c h a r d C i r c l e Sa i n t P a u l , M N 5 5 1 1 8 - 4 1 4 6 Va l s A d d i t i o n L o t 8 B l k 2 0 8 0 02 $ 0 . 0 0 $1,875.00$0.00 27 - 8 1 2 7 5 - 02 - 0 9 0 Sh e r r y E s s e n 11 4 3 O r c h a r d C i r c l e Me n d o t a H e i g h t s , M N 5 5 1 1 8 Va l s A d d i t i o n L o t 9 B l k 2 0 9 0 02 $ 0 . 0 0 $1,875.00$0.00 Pa g e 1 2 o f 1 3 Hu n t e r a n d O r c h a r d - D r a f t page 94 Pa r c e l N o : R e p u t e d O w n e r a n d D e s c r i p t i o n S u b d i v i s i o n : Lo t : Bl o c k : St r e e t Re c o n Mill Overlay St r e e t Re h a b Nu m b e r o f P r o p e r t i e s : 87 Re c o n . T o t a l : $4 0 7 , 1 0 0 . 0 0 Gr a n d T o t a l : $5 3 7 , 2 2 5 . 0 0 Re h a b . T o t a l : $1 0 9 , 5 0 0 . 0 0 Mill and Overlay Total:$20,625.00 Pa g e 1 3 o f 1 3 Hu n t e r a n d O r c h a r d - D r a f t page 95 DATE: August 21, 2012 TO: Mayor and City Council FROM: Justin Miller, City Administrator SUBJECT: Wagon Wheel Trail Assessment Appeal Settlement BACKGROUND On November 1, 2011, the City Council held a public hearing before adopting an assessment roll associated with the Wagon Wheel Trail street reconstruction project. At this public hearing, Scott and Phyllis Miller appealed the assessment on one of their lots. As a result of discussions involving this appeal, a settlement agreement has been negotiated between the City and Scott and Phyllis Miller. RECOMMENDATION Staff recommends that the Mendota Heights City Council approve the attached “Settlement Agreement and General Release” between the City of Mendota Heights and Scott and Phyllis Miller. Approval of this action requires a majority vote of the city council. page 96 SETTLEMENT AGREEMENT AND GENERAL RELEASE PARTIES The parties to this Settlement Agreement and General Release (“Agreement”) are Scott Miller and Phyllis Z. Miller (“the Millers”) and the City of Mendota Heights (the “City”) The Millers and the City shall individually referred to as a “Party” and collectively as the “Parties”. RECITALS On November 1, 2011, City of Mendota Heights approved a special assessment on Dakota County Parcel Number 27-16400-00-100 (the “Special Assessment”). This parcel is owned by the Millers and is part of their homestead at 1021 Wagon Wheel Trail, Mendota Heights. A dispute has arisen between the Parties regarding the Special Assessment and the Millers obligation to pay the Special Assessment. Because of the dispute, the Millers appealed the Special Assessment to the Dakota County District Court, Court File No. 19HA-CV-11-5932 (the “Appeal”). As result of recent settlement negotiations, the Parties have reached a settlement of their dispute over the Special Assessment. The purpose of this Agreement is to memorialize their settlement and fully and finally resolve any and all claims that the Millers possess, or may possess, against the City arising from, or relating in any way to, the Special Assessment. NOW THEREFORE, in consideration of the covenants and promises contained in this Agreement and other good and valuable consideration, and to avoid protracted litigation, it is hereby agreed among the parties as follows: AGREEMENT 1. General Release In exchange for the consideration set forth below, the Millers, individually and collectively, and on behalf of themselves and their respective representatives, heirs, trustees, beneficiaries, executors, administrators, agents, successors, lenders, assigns and attorneys, hereby unconditionally release, acquit and forever discharge the City and any and all of its past and present officers, directors, partners, elected officials, board members, employees, agents, representatives, affiliates, divisions, successors, assignees, transferees, joint ventures, attorneys, and insurers from any and all past, present and future claims (legal and/or equitable in nature), demands, causes of action, liability, loss, damage, cost and expense which the Millers, and each of them, have, or may have, or which the Millers have paid, incurred, sustained, or believe they have paid, incurred or sustained, absolute or contingent, liquidated or unliquidated, asserted or unasserted, arising from, or relating in any way to, the subject matter of the Appeal, the Special Assessment, and all proceedings actions by the City relating in any way to the Special Assessment. Without limiting the foregoing, this release encompasses any and all claims and causes of action that the Millers asserted or could have asserted in the Appeal , or in connection page 97 2 with any other separate action or proceeding, legal or equitable in nature, that the Millers could have commenced for monetary damages and any other equitable or other relief arising from, and/or relating in any way to, the Special Assessment. 2. Settlement Terms As and for consideration of the release and obligations set forth herein, the parties agree to the following: a. If the City has not already done so, the City shall promptly notify Dakota County to remove the $8,500.00 special assessment on Dakota County Parcel Number 27- 16400-00-100 from the assessment roll. b. If the City has not already done so, the City shall issue a check payable to the Scott Miller and Phyllis Miller in the amount of $520.77 to reimburse them for amounts already paid by them for the special assessment on Dakota County Parcel Number 27- 16400-00-100. c. The City shall issue a check in the amount of $320.00 payable to “Scott Miller and Phyllis Miller” and another check in the amount of $1,168.75 payable to, “Robins, Kaplan, Miller & Ciresi LLP” at the time the Agreement is executed by the Millers. d. Other than the payments set forth above, the parties shall be responsible for payment of their own attorney fees, costs and disbursements in this matter. e. Upon completion of the terms outlined above, counsel for the parties shall sign and file a Stipulation of Dismissal with Prejudice with the Dakota County District Court to bring an end to the Appeal. 3. General Provisions a. This Agreement shall be binding upon the successors and assigns of the Parties, whether by way of merger, consolidation, operation of law, assignment, purchase, or other acquisition. b. All questions with respect to the construction of this Agreement and the rights and liabilities of the Parties to this Agreement shall be governed by the laws of the State of Minnesota. c. This Agreement effects the settlement and release of claims and defenses, which are denied and contested by the Parties, and nothing contained in this Agreement shall be construed as an admission of liability by either Party. d. Each Party represents and warrants that it has not assigned or transferred, or purported to assign or transfer, any of the claims released pursuant to this Agreement to any other person and that it is fully entitled to compromise and settle such claims. page 98 3 Each Party shall indemnify the other against all costs, expenses, and judgments, including all attorney fees incurred, in the event that any third party shall assert any of the claims released pursuant to this Agreement based on a purported assignment or transfer of rights by a Party to this Agreement. e. This Agreement and its attachments represent the entire agreement between the Parties with respect to the subject matter of the Agreement and supersedes all prior and contemporaneous oral and written agreements and discussions. Each of the Parties covenants that it has not entered into this Agreement as a result of any representation, agreement, inducement, or coercion, except to the extent specifically provided in this Agreement. Each Party further covenants that the consideration recited in this Agreement is the only consideration for entering into this Agreement, and that no promises or representations of other or further consideration have been made by any person. This Agreement may be amended only by a written agreement executed by all Parties. f. This Agreement is the result of arms-length negotiations among the Parties. All Parties have participated in the negotiations, have had an equal opportunity to participate in the drafting and revision of this Agreement, and have had the opportunity to review this Agreement with their counsel. No ambiguity shall be construed against any Party based upon a claim that the Party in question drafted ambiguous language. g. This Agreement may be executed by the Parties by facsimile and in identical counterparts, each of which shall constitute an original for all purposes. THE UNDERSIGNED ACKNOWLEDGE THAT THEY HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL TERMS AND CONDITIONS OF THIS AGREEMENT; THAT THEY HAD THE OPPORTUNITY TO BE REPRESENTED BY THEIR OWN LEGAL COUNSEL WITH RESPECT TO THIS MATTER; THAT THEY HAVE HAD THE OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL AND OTHERS BEFORE SIGNING THIS AGREEMENT; THAT THEY HAVE THE SOUND MIND AND FREE WILL TO SIGN THIS AGREEMENT; AND THAT THEY KNOWINGLY AND FREELY AGREE TO ALL TERMS AND CONDITIONS OF THIS AGREEMENT. DATED: , 2012 Scott Miller DATED: , 2012 Phyllis Z. Miller page 99 4 As to form: DATED: _______ __, 2012 ROBINS, KAPLAN, MILLER & CIRESI LLP By: ________________________________ William J. Maddix #188530 800 South LaSalle Avenue 2800 LaSalle Plaza Minneapolis, MN 55402 (612) 349-8500 ATTORNEYS FOR SCOTT AND PHYLLIS MILLER CITY OF MENDOTA HEIGHTS DATED: ______, 2012 By Its As to form: DATED: _______ __, 2012 GRANNIS & HAUGE, P.A. By: ________________________________ William L. Bernard #0256699 1260 Yankee Doodle Road, Suite 200 Eagan, MN 55121 651-456-9000 ATTORNEYS FOR THE CITY OF MENDOTA HEIGHTS 7154950v1 page 100 DATE: August 21, 2012 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, PE, Assistant City Engineer Michael Albers, PE, Civil Engineer SUBJECT: Accept Bids and Award Contract for 2012 Sanitary Sewer Rehabilitation Project BACKGROUND Two proposals (see attached resolution) were received and opened on Wednesday, August 15, 2012 for the Sanitary Sewer Rehabilitation Project. Visu-Sewer, Inc. submitted the low bid of $49,441.50. Their bid was lower than the Engineer’s Estimate of $69,106.00. Our sanitary sewer system is aging. Many of our pipes are 60 years old and will soon be in need of repair. Cleaning our sewer system on a regular cycle will help extend the life of the pipes. Televising of the system will show where immediate repairs are needed. Lining pipes in need of repair with cured-in- place-pipe will extend the life of our system. The proposed 2012 Sanitary Sewer Rehabilitation Project consists of lining approximately 1500 feet of sanitary sewer on Lexington Avenue near Wagon Wheel Trail and lining approximately 250 feet of sanitary sewer on Lilac Lane near Caren Road. The locations were determined from the report provided with the 2008 sanitary sewer cleaning and televising project. The completion date for the project is December 28, 2012. I expect that Visu-Sewer, Inc. is capable of meeting the completion dates and implementing the project in accordance with the plans and specifications given. BUDGET IMPACT The project costs will be funded through the Sanitary Sewer Utility Fund which has sufficient funds to cover the project costs. The 2012 city budget includes $100,000 for sanitary sewer maintenance. The sanitary sewer cleaning and televising project will cost approximately $36,000 which leaves approximately $64,000 for sanitary sewer lining. RECOMMENDATION Staff recommends that the council accept the bids and award the contract to Visu-Sewer, Inc. for their bid in the amount of $49,441.50. If city council wishes to implement the staff recommendation, pass a motion adopting A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE 2012 SANITARY SEWER REHABILITATION (PROJECT #201205). This action requires a simple majority vote. page 101 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2012- A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE 2012 SANITARY SEWER REHABILITATION PROJECT (PROJECT #201205) WHEREAS, pursuant to a request for bids for the proposed lining of sanitary sewers to serve the area referred to as 2012 Sanitary Sewer Rehabilitation Project (City Project No. 201205), bids were received, opened and tabulated according to law and the following bids were received complying with said advertisement: NAME OF BIDDER AMOUNT OF BID Visu-Sewer, Inc. $49,441.50 Lametti & Sons, Inc. $65,380.00 and WHEREAS, the City Engineer recommended that the low bid submitted by Visu-Sewer, Inc. of Pewaukee, Wisconsin, be accepted. NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council as follows: 1. That the bids for the above project are hereby received and accepted. 2. That the bid of Visu-Sewer, Inc. of Pewaukee, Wisconsin, submitted for the cleaning and televising of the above described project be and the same is hereby accepted. 3. That the contract be awarded to Visu-Sewer, Inc. of Pewaukee, Wisconsin, and that the Mayor and Clerk are hereby authorized and directed to execute and deliver any and all contracts and documents necessary to consummate the awarding of said bids. Adopted by the City Council of the City of Mendota Heights this twenty-first day of August 2012. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST _________________________ Lorri Smith, City Clerk page 102 DATE: August 21, 2012 TO: Mayor, City Council, and City Administrator FROM: Lorri Smith, City Clerk SUBJECT: Temporary On-Sale Liquor License requests INTRODUCTION Pursuant to Mendota Heights City Code Section 3, Chapter 1 no person except wholesalers and manufacturers, shall directly or indirectly deal in, sell, or dispose of by gift, sale or otherwise, or keep or offer for sale, any intoxicating liquor, wine or 3.2 percent malt liquor within the city without first having received a license to do so. Temporary On-Sale Liquor licenses shall be granted only to clubs and charitable, religious or nonprofit organizations that have been in existence for three years for the sale of intoxicating liquor on the premises only on the days specified in the license. No organization shall be granted more than two special event licenses in any calendar year. No license shall be issued for more than three days. The licenses are subject to final approval by the Director of Alcohol and Gambling Enforcement. HOLY FAMILY MARONITE CATHOLIC CHURCH Holy Family Maronite Church located at 1960 Lexington Avenue, is planning to hold their Annual Lebanese Festival on September 9, 2012, from 11 a.m. through 6:00 p.m. on the church grounds. They have requested a temporary on-sale liquor license to allow for the sale of alcoholic beverages at the event. Please find attached the request from Holy Family Maronite Church. Holy Family Maronite Church has successfully submitted an application, applicable fees and certificate of insurance for liquor liability. ST. THOMAS ACADEMY St. Thomas Academy located at 949 Lake Drive, is planning to hold their annual Alumni Homecoming Weekend from September 27, 2012 through September 30, 2012 at St. Thomas Academy. They have requested a Temporary On-Sale Liquor license to allow for the sale of alcoholic beverages at two separate events. Please find the request from St. Thomas Academy attached. The Senior Stag Alumni Dinner will be held on Thursday, September 27, 2012, from 4:00 p.m. through 8:00 p.m. On Friday, September 28, 2012, they will be hosting the All Class Stag Party from 8:00 p.m. to 12:00 a.m. Both events will take place in the St. Thomas Academy school cafeteria. Security will be present during the All Class Stag Party event. St. Thomas Academy has successfully submitted an application and certificate of insurance for liquor liability. It should be noted Temporary On-Sale Liquor licenses have been issued in the past to Holy Family Maronite Church and St. Thomas Academy, along with other charitable, nonprofit and religious organizations within the city with no incidents or negative reports. RECOMMENDED ACTION Staff recommends the City Council approve Temporary On-Sale Liquor licenses for Holy Family Maronite Church and St. Thomas Academy as requested, subject to final approval of the Director of Alcohol and Gambling Enforcement. page 103 Page 1 of 2 DATE: August 21, 2012 TO: Parks and Recreation Commission, Mayor and City Council FROM: Jake Sedlacek, assistant to the city administrator SUBJECT: Par 3 Update – July 2012 BACKGROUND The Par 3 Golf Course finished the month of July with revenues slightly ahead of expenditures. July 2012 was one of the hottest on record, which likely had an impact on our core audiences – senior citizens and juniors. Our Clubhouse Manager has been compiling feedback, opinions and questions about programs and offerings from the summer for our end the year meeting. Recreation programs are an area which we will focus on in the off-season to improve. UPCOMING EVENTS AND PROMOTIONS  Friday Morning Senior League: August 10 through October 12, 2012  Mendota Heights Par 3 & Thompson Oaks Open Tournament: September 15, 2012  Night Golf Open Event (October: date to be determined) MAINTENANCE UPDATE The number of unanticipated maintenance issues at the course has dropped off from the start of the year. Unfortunately, vandalism has been higher than experienced in recent years. Maintenance staff has a number of projects they would like to complete this fall, each will be individually evaluated, and considered in relation to course revenues on the year. BUDGET IMPACT The attached monthly expenditure report shows revenues and expenditures through the end of July. The course has taken in $100,766 in revenues; expenditures for this period total $89,414. This results in net revenue over expenditure of $11,352 year to date. page 104 MENDOTA HEIGHTS PAR 3 Budget Performance Comparison July 2011 and 2012 REVENUES July July YTD YTD 2011 2012 2011 2012 GREENS, LEAGUE & TOURN FEES $19,153 $16,784 $54,410 $62,371 RECREATION PROGRAMS $5,619 $1,191 $33,256 $26,240 CONCESSIONS $4,682 $3,926 $11,634 $12,129 SUNDRY REVENUE $29 $0 $75 $26 INTEREST $0 $0 $0 $0 CAPITAL CONTRIBUTIONS $0 $0 $0 $0 PAR 3 FUND REVENUE TOTAL $29,483 $21,901 $99,375 $100,766 EXPENDITURES July July YTD YTD 2011 2012 2011 2012 CLUBHOUSE SALARIES $7,718 $6,211 $22,907 $19,502 ADMINISTRATIVE SALARIES $920 $1,666 $8,515 $12,404 FICA/PERA $1,005 $917 $3,904 $3,917 MEDICAL INSURANCE $135 $406 $1,702 $2,843 U/E & W/C INSURANCE $0 $0 $7,291 $6,269 RENTALS $0 $51 $1,252 $1,303 UTILITIES $914 $1,092 $3,481 $3,664 PROFESSIONAL FEES - AUDIT $1,125 $0 $1,125 $1,498 PROF FEES - CONSULTING FEES $0 $0 $525 $525 PROF FEES - GROUNDS MGMT $5,065 $2,000 $16,935 $7,000 PROF FEES - GROUNDS WAGES $0 $3,031 $0 $9,516 PROF FEES - TREE MAINTENANCE $0 $0 $0 $962 ADVERTISING/NEWSLETTER $162 $0 $373 $397 LIABILITY/AUTO INSURANCE $0 $282 $2,839 $2,641 OPERATING COSTS/SUPPLIES $1,405 $1,666 $5,565 $4,072 FUEL $375 $440 $1,404 $1,485 REPAIRS & MAINTENANCE $1,534 $1,154 $6,683 $8,581 SUNDRY/DUES/MILEAGE/CLOTHING $181 $533 $741 $1,540 CAPITAL OUTLAY $0 $0 $0 $0 ONLINE REG & CREDIT CARD FEES $340 $413 $1,272 $1,295 PAR 3 EXPENDITURES TOTAL $20,879 $19,862 $86,514 $89,414 Revenue over Expenditure:$8,604 $2,039 $12,861 $11,352 page 105 page 106 page 107 page 108 page 109 page 110 page 111 page 112 page 113 page 114 page 115 page 116 page 117 page 118 page 119 page 120 page 121 DATE: August 21, 2012 TO: Mayor, City Council and City Administrator FROM: Ryan Ruzek, PE, Assistant City Engineer SUBJECT: Required Annual Meeting for NPDES Phase II Storm Water Permit for Municipal Separate Storm Sewer System (MS4) Discussion The National Pollution Discharge Elimination System (NPDES) program is a federally mandated program established by the Environmental Protection Agency (EPA) to implement and maintain pollution prevention practices for storm water discharges by permits issued to regulated entities by the federal authority granted under this program. Storm water discharges associated with MS4s are regulated by these NPDES permits. Mendota Heights, as an MS4 owner, was required to develop a Storm Water Pollution Prevention Program (SWPPP) that incorporates best management practices that reduce pollutant discharges. The SWPPP was developed in 2003. In 2006 the City adopted the Local Surface Water Management Plan (LSWMP) that outlined how the requirements of our SWPPP are to be met and established requirements for land disturbing activities. There are six required components in each SWPPP, termed “minimum control measures” for each permit authorizing storm water discharges under the NPDES program: 1. Public Education and Outreach 2. Public Participation/Involvement 3. Illicit Discharge Detection and Elimination 4. Construction Site Runoff and Control 5. Post-Construction Runoff Control 6. Pollution Prevention/Good Housekeeping As part of our SWPPP and LSWMP, the City has adopted various “best management practices” to address the six components listed above. These practices include: 1. Public Education and Outreach – Including articles in the Heights Highlights, brochures in the lobby and city website, providing information and guidance as part of the City Building Permit Program, and conducting “Blue Thumb” seminars in conjunction with local Watershed Management Organizations (WMO) and Dakota County Soil and Water Conservation District. In addition, local cable has run a “Keep it Clean” video multiple times on local cable access channels. page 122 2. Public Participation/Involvement – Providing avenues for storm water complaints and concerns (e-mail contact), active participation in the Gun Club Lake and Lower Mississippi River WMOs. 3. Illicit Discharge Detection and Elimination – Inspection of storm water outfalls, ponds, and wetlands and participation in the Dakota County Wetland Health Evaluation Program (WHEP). Passing of the Storm water Ordinance (2009), Citizen Assisted Monitoring Program (CAMP). 4. Construction Site Runoff and Control – Passing of a Storm water Ordinance (2009) and establishment of land disturbance activity regulatory requirements. Establishing a storm water permit as part of the Building Permit process (by Ordinance). 5. Post-Construction Runoff Control – Construction of rain gardens on Wagon Wheel Trail, passing of the Storm water Ordinance (2009), and reviewing building permit and development applications for compliance with established requirements. 6. Pollution Prevention/Good Housekeeping – mapping of the City storm sewer system, annual cleaning of sump manholes, annual inspection of storm water discharge points, and stream bank stabilization projects, initiating a pond management program. The City has made good progress in Storm water Management and Pollution Prevention in the past couple years, and we will continue to progress and demonstrate our compliance with mandated programs. Budget Impact None, meeting the goals for the annual permit coverage from the Minnesota Pollution Control Agency are covered separately under the storm water utility. Projects are presented to council individually as required. Recommendation I recommend that the Council preside over the required annual public meeting which will summarize the six minimum required control measures and report on the progress made in meeting the goals identified in the Mendota Heights Storm Water Pollution Prevention Program over the past year, and accept, or convey any input received from the public on this subject. After a brief presentation, the Council should open the hearing for Public comment. page 123 DATE: August 21, 2012 TO: Mayor and City Council FROM: Kristen Schabacker, Finance Director SUBJECT: 2012 Bond Issue BACKGROUND At the August 7, 2012 city council meeting, the council authorized the public sale of $2,655,000 General Obligation Improvement Bonds. The issue will be financing the Lemay Lake Road project, Diane Road project, Marie Avenue project and the Mendota Heights Road project. City Administrator Miller and I had a conference call with Moody’s on August 8, 2012. Moody’s assigned the Aa1 rating to this bond issue and maintained the Aa1 rating on our outstanding debt. The proposal opening will be held on August 21, 2012 and the results of the opening will be presented that evening at the council meeting. The council will take action on the sale at the August 21, 2012 council meeting. A representative from Ehlers and Associates will be present to present a tabulation of the bids received. 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 ISSUANCE OF $2,655,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2012A, PLEDGING SPECIAL ASSESSMENTS FOR THE SECURITY THEREOF AND LEVING A TAX FOR THE PAYMENT THEREOF.” page 124 4882810v1 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA HELD: August 21, 2012 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Mendota Heights, Dakota County, Minnesota, was duly held at the City Hall on Tuesday, August 21, 2012, at 7:00 P.M., for the purpose, in part, of authorizing the issuance and awarding the sale of $2,655,000 General Obligation Improvement Bonds, Series 2012A. The following members were present: and the following were absent: Member _________ introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $2,655,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2012A, PLEDGING SPECIAL ASSESSMENTS FOR THE SECURITY THEREOF AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City Council of the City of Mendota Heights, Minnesota (the "City"), has heretofore determined and declared that it is necessary and expedient to issue $2,655,000 General Obligation Improvement Bonds, Series 2012A (the "Bonds" or individually, a "Bond") of the City, pursuant to Minnesota Statutes, Chapters 429 and 475, to finance the construction of various improvements in the City (the "Improvements"); and B. WHEREAS, the Improvements and all their components have been ordered prior to the date hereof, after a hearing thereon for which notice was given describing the Improvements or all their components by general nature, estimated cost, and area to be assessed; and C. WHEREAS, the City has retained Ehlers and Associates, Inc., in Roseville, Minnesota ("Ehlers"), as its independent financial advisor for the sale of the Bonds and is therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9) and proposals to purchase the Bonds have been solicited by Ehlers; and D. WHEREAS, the proposals set forth on Exhibit A attached hereto were received by a representative of the City at the offices of Ehlers, at 10:00 A.M., this same day pursuant to the sale details established for the Bonds; and page 125 4882810v1 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. Acceptance of Offer. The proposal of ___________________________________ (the "Purchaser"), to purchase the Bonds in accordance with the Terms of Proposal, at the rates of interest hereinafter set forth, and to pay therefor the sum of $______________, plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received and is hereby accepted, and the Bonds are hereby awarded to the Purchaser. The City Finance Director is directed to retain the deposit of the Purchaser and to forthwith return to the unsuccessful bidders their good faith checks or drafts. 2. Bond Terms. (a) Title; Original Issue Date; Denominations; Maturities; Term Bond Option. The Bonds shall be titled "General Obligation Improvement Bonds, Series 2012A", shall be dated September 12, 2012, as the date of original issue and shall be issued forthwith on or after such date in fully registered form. The Bonds shall be numbered from R-1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations"). The Bonds shall mature on February 1 in the years and amounts as follows: Year Amount Year Amount 2015 $ 2024 $ 2016 2025 2017 2026 2018 2027 2019 2028 2020 2029 2021 2030 2022 2031 2023 2032 As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). (b) Book Entry Only System. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations page 126 4882810v1 3 for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10 hereof, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond page 127 4882810v1 4 Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book-entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book-entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations"). (vii) All transfers of beneficial ownership interests in each Bond issued in book-entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than 15 calendar days in advance of such special record date to the extent possible. (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5 hereof, make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. (c) Termination of Book-Entry Only System. Discontinuance of a particular Depository's services and termination of the book-entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book-entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the page 128 4882810v1 5 City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 11 hereof. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10 hereof, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 10 hereof. (d) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Purpose. The Bonds shall provide funds to finance the Improvements. The total cost of the Improvements, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. Work on the Improvements shall proceed with due diligence to completion. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Improvements proceeds with due diligence to completion and that any and all permits and studies required under law for the Improvements are obtained. 4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2013, calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per annum set forth opposite the maturity years as follows: Year Amount Year Amount 2015 $ 2024 $ 2016 2025 2017 2026 2018 2027 2019 2028 2020 2029 2021 2030 2022 2031 2023 2032 5. Redemption. All Bonds maturing on February 1, 2022 and thereafter, shall be subject to redemption and prepayment at the option of the City on February 1, 2021, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the City; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be page 129 4882810v1 6 prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds at least thirty days prior to the stated redemption date. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 6. Bond Registrar. Bond Trust Services Corporation, in Roseville, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12 of this resolution. 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: page 130 4882810v1 7 UNITED STATES OF AMERICA STATE OF MINNESOTA DAKOTA COUNTY CITY OF MENDOTA HEIGHTS R-_______ $_________ GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 2012A INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP % FEBRUARY 1, ____ September 12, 2012 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: __________________________________________________ THE CITY OF MENDOTA HEIGHTS, Dakota County, Minnesota (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, unless called for earlier redemption, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2013, at the rate per annum specified above (calculated on the basis of a 360-day year of twelve 30-day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of Bond Trust Services Corporation, in Roseville, Minnesota (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. Redemption. All Bonds of this issue (the "Bonds") maturing on February 1, 2022, and thereafter, are subject to redemption and prepayment at the option of the Issuer on February 1, 2021, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and page 131 4882810v1 8 the principal amounts within each maturity to be redeemed shall be determined by the Issuer; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected Holder of the Bonds at least thirty days prior to the stated redemption date. Selection of Bonds for Redemption; Partial Redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount of $2,655,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council of the Issuer on August 21, 2012 (the "Resolution"), for the purpose of providing money to finance the construction of various improvements within the jurisdiction of the Issuer. This Bond is payable out of the General Obligation Improvement Bonds, Series 2012A Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations; Exchange; Resolution. The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. page 132 4882810v1 9 Transfer. This Bond is transferable by the Holder in person or by the Holder’s attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Qualified Tax-Exempt Obligation. This Bond has been designated by the Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Mendota Heights, Dakota County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. page 133 4882810v1 10 Date of Registration: _____________________ BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the Resolution mentioned Within. BOND TRUST SERVICES CORPORATION, Roseville, Minnesota Bond Registrar By Authorized Signature Registrable by: BOND TRUST SERVICES CORPORATION Payable at: BOND TRUST SERVICES CORPORATION CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA /s/ Facsimile Mayor /s/ Facsimile Clerk page 134 4882810v1 11 ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - _________________ as custodian for ________________________ (Cust) (Minor) under the _______________________________ Uniform Transfers to Minors Act (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto _____________ __________________________________________________________ the within Bond and does hereby irrevocably constitute and appoint _________________ attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated:_____________________ ___________________________ Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: ___________________________ Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad-15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: ________________________________________ ________________________________________ ________________________________________ (Include information for all joint owners if the Bond is held by joint account.) page 135 4882810v1 12 PREPAYMENT SCHEDULE This Bond has been prepaid in part on the date(s) and in the amount(s) as follows: DATE AMOUNT AUTHORIZED SIGNATURE OF HOLDER page 136 4882810v1 13 8. Execution; Temporary Bonds. The Bonds shall be printed (or, at the request of the Purchaser, typewritten) and shall be executed on behalf of the City by the signatures of its Mayor and Clerk and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed (or, at the request of the Purchaser, photocopied) facsimile; and provided further that both of such signatures may be printed (or, at the request of the Purchaser, photocopied) facsimiles and the corporate seal may be omitted on the Bonds as permitted by law. In the event of disability or resignation or other absence of either officer, the Bonds may be signed by the manual or facsimile signature of an officer who may act on behalf of the absent or disabled officer. In case either the officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. The City may elect to deliver, in lieu of printed definitive bonds, one or more typewritten temporary bonds in substantially the form set forth above, with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Such temporary bonds may be executed with photocopied facsimile signatures of the Mayor and Clerk. Such temporary bonds shall, upon the printing of the definitive bonds and the execution thereof, be exchanged therefor and canceled. 9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on the Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and, by inserting as the date of registration in the space provided, the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue, which date is September 12, 2012. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration; Transfer; Exchange. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever page 137 4882810v1 14 any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The Finance Director is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment; Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth (15th) day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten (10) days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12 above) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. page 138 4882810v1 15 14. Delivery; Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. There is hereby created a special fund to be designated the "General Obligation Improvement Bonds, Series 2012A Fund" (the "Fund") to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. There shall be maintained in the Fund two (2) separate accounts, to be designated the "Construction Account" and "Debt Service Account," respectively. (a) Construction Account. To the Construction Account there shall be credited the proceeds of the sale of the Bonds, less any accrued interest received thereon and less capitalized interest, plus any special assessments levied with respect to the Improvements and collected prior to completion of the Improvements and payment of the costs thereof. From the Construction Account there shall be paid all costs and expenses of making the Improvements listed in paragraph 16, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65. Moneys in the Construction Account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Bonds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection of taxes or special assessments herein levied or covenanted to be levied; and provided further that if upon completion of the Improvements there shall remain any unexpended balance in the Construction Account, the balance (other than any special assessments) shall be transferred by the Council to the Debt Service Account or the fund of any other improvement instituted pursuant to Minnesota Statutes, Chapter 429, and provided further that any special assessments credited to the Construction Account shall only be applied towards payment of the costs of the Improvements upon adoption of a resolution by the City Council determining that the application of the special assessments for such purpose will not cause the City to no longer be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. (b) Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (i) all collections of special assessments herein covenanted to be levied with respect to the Improvements and either initially credited to the Construction Account and not already spent as permitted above and required to pay any principal and interest due on the Bonds or collected subsequent to the completion of the Improvements and payment of the costs thereof; (ii) any accrued interest received upon delivery of the Bonds; (iii) capitalized interest in the amount of $__________; (iv) any collections of all taxes herein or hereafter levied for the payment of the Bonds and interest thereon; (v) all funds remaining in the Construction Account after completion of the Improvements and payment of the costs thereof, not so transferred to the account of another improvement; (vi) all investment earnings on funds held in the Debt Service Account; and (vii) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The Debt Service Account shall be used solely to pay the principal and interest and any premiums for redemption of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said account as provided by law. page 139 4882810v1 16 No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (2) in addition to the above in an amount not greater than the lesser of five percent (5%) of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Construction Account or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then-applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code"). 16. Assessments. It is hereby determined that no less than twenty percent (20%) of the cost to the City of each Improvement financed hereunder within the meaning of Minnesota Statutes, Section 475.58, Subdivision 1(3), shall be paid by special assessments to be levied against every assessable lot, piece and parcel of land benefitted by any of the Improvements. The City hereby covenants and agrees that it will let all construction contracts not heretofore let within one (1) year after ordering each Improvement financed hereunder unless the resolution ordering the Improvement specifies a different time limit for the letting of construction contracts. The City hereby further covenants and agrees that it will do and perform as soon as they may be done all acts and things necessary for the final and valid levy of such special assessments, and in the event that any such assessment be at any time held invalid with respect to any lot, piece or parcel of land due to any error, defect, or irregularity in any action or proceedings taken or to be taken by the City or the City Council or any of the City officers or employees, either in the making of the assessments or in the performance of any condition precedent thereto, the City and the City Council will forthwith do all further acts and take all further proceedings as may be required by law to make the assessments a valid and binding lien upon such property. The special assessments have heretofore been authorized. Subject to such adjustments as are required by the conditions in existence at the time the assessments are levied, it is hereby determined that the assessments shall be payable in equal, consecutive, annual installments of principal with interest on the declining balance, with general taxes for the years shown below at the rate per annum not less than ______ percent (______%) per annum set forth opposite the collection years specified below: page 140 4882810v1 17 Improvement Designation Amount Levy Years Collection Year Marie Avenue Improvements 2013-2022 2014-2023 LeMay Lake Neighborhood Improvements 2013-2030 2014-2031 Diane/Mendota Heights Road Improvements 2013-2022 2014-2023 At the time the assessments are in fact levied the City Council shall, based on the then current estimated collections of the assessments, make any adjustments in any ad valorem taxes required to be levied in order to assure that the City continues to be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. 17. Tax Levy; Coverage Test. To provide moneys for payment of the principal and interest on the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Year of Tax Levy Year of Tax Collection Amount 2013-2030 2014-2031 See Attached The tax levies are such that if collected in full they, together with estimated collections of special assessments and other revenues herein pledged for the payment of the Bonds, will produce at least five percent (5%) in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies shall be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. 18. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a page 141 4882810v1 18 suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 19. Compliance With Reimbursement Bond Regulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the "reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure"). The City hereby certifies and/or covenants as follows: (a) Not later than 60 days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project"); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed 20% of the "issue price" of the Bonds, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or 5% of the proceeds of the Bonds. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Bonds or any of the other types of expenditures described in Section 1.150- 2(d)(3) of the Reimbursement Regulations. (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Bonds and in all events within the period ending on the date which is the later of three years after payment of the Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service. page 142 4882810v1 19 (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Bonds are issued, shall be treated as made on the day the Bonds are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that such action will not impair the tax-exempt status of the Bonds. 20. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 21. Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described to: (a) Provide or cause to be provided to the Municipal Securities Rulemaking Board (the "MSRB") by filing at www.emma.msrb.org in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. (b) Provide or cause to be provided to the MSRB notice of the occurrence of certain events with respect to the Bonds in not more than ten (10) business days after the occurrence of the event, in accordance with the Undertaking. (c) Provide or cause to be provided to the MSRB notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking, in not more than ten (10) business days following such amendment. (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and Clerk of the City, or any other officer of the City authorized to act in their place (the "Officers") are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers. page 143 4882810v1 20 22. Certificate of Registration and Tax Levy. The Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Dakota County, Minnesota, together with such other information as the County Auditor shall require, and to obtain from the County Auditor the certificate that the Bonds have been entered in the County Auditor’s Bond Register, and that the tax levy required by law has been made. 23. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 24. Negative Covenant as to Use of Bond Proceeds and Improvements. The City hereby covenants not to use the proceeds of the Bonds or to use the Improvements, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Improvements, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 25. Tax-Exempt Status of the Bonds; Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (a) requirements relating to temporary periods for investments, (b) limitations on amounts invested at a yield greater than the yield on the Bonds, and (c) the rebate of excess investment earnings to the United States, if the Bonds (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small issuer exception amount of $5,000,000. For purposes of qualifying for the exception to the federal arbitrage rebate requirements for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and declares that: (a) the Bonds are issued by a governmental unit with general taxing powers; (b) no Bond is a private activity bond; (c) ninety-five percent or more of the net proceeds of the Bonds are to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the City); and (d) the aggregate face amount of all tax exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities thereof, and all entities treated as one issuer with the City) during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) of the Code. page 144 4882810v1 21 26. Designation of Qualified Tax-Exempt Obligations. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code. (d) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2012 will not exceed $10,000,000; and (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2012 have been designated for purposes of Section 265(b)(3) of the Code. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 27. Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 28. Payment of Issuance Expenses. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to KleinBank, Chaska, Minnesota, on the closing date for further distribution as directed by the City's financial advisor, Ehlers. 29. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member _____________ and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon the resolution was declared duly passed and adopted. page 145 4882810v1 22 STATE OF MINNESOTA COUNTY OF DAKOTA CITY OF MENDOTA HEIGHTS I, the undersigned, being the duly qualified and acting Clerk of the City of Mendota Heights, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council, duly called and held on the date therein indicated, insofar as such minutes relate to authorizing the issuance of and awarding the sale of $2,655,000 General Obligation Improvement Bonds, Series 2012A. WITNESS my hand this ____ day of August, 2012. _______________________________________ Clerk page 146 4882810v1 STATE OF MINNESOTA COUNTY AUDITOR'S CERTIFICATE COUNTY OF DAKOTA AS TO TAX LEVY AND REGISTRATION I, the undersigned, being the duly qualified and acting County Auditor of Dakota County, Minnesota, DO HEREBY CERTIFY that on the date hereof, there was filed in my office a certified copy of a resolution adopted on August 21, 2012 by the City Council of the City of Mendota Heights, Minnesota, authorizing the issuance of $2,655,000 General Obligation Improvement Bonds, Series 2012A (the “Bonds”), and levying a tax for the payment thereof, together with full information regarding the Bonds for which the tax was levied; and the Bonds have been entered in my Bond Register and the tax levy required by law has been made. WITNESS my hand and the seal of the County Auditor on __________________, 2012. _______________________________________ County Auditor (SEAL) page 147 4882810v1 SIGNATURE AND NONLITIGATION CERTIFICATE We, the undersigned, being respectively the duly qualified and acting Mayor, Clerk and Finance Director of the City of Mendota Heights, Dakota County, Minnesota, DO HEREBY CERTIFY that we did, in our official capacities as such officers, sign our own proper names by facsimile signature, attested by the manual signature of a person or persons authorized on behalf of Bond Trust Services Corporation, in Roseville, Minnesota, duly designated by the City Council as Bond Registrar and authenticating agent (the corporate seal of the City having been intentionally omitted as permitted by law), on the City's $2,655,000 General Obligation Improvement Bonds, Series 2012A (the "Bonds"), dated September 12, 2012, as the date of original issue, and numbered from R-1 upward, each in the denomination equal to the total principal amount for the Bonds due on the specified maturity date therefor. The Bonds mature on February 1 in the years and amounts and bear interest until paid or discharged as follows: Year Amount Interest Rate Year Amount Interest Rate 2015 $ % 2024 $ % 2016 2025 2017 2026 2018 2027 2019 2028 2020 2029 2021 2030 2022 2031 2023 2032 WE FURTHER CERTIFY that the signature of Kristen Schabacker affixed hereto is the true and proper signature of the qualified Finance Director of the City. WE FURTHER CERTIFY that we are now and were on the date of signing the Bonds, the duly qualified and acting officers therein indicated, and duly authorized to execute the same, and that Bond Trust Services Corporation, in Roseville, Minnesota, has been duly authorized to act as agent of the City for purposes of authenticating the Bonds by one or more persons signing bonds on behalf of the Bond Registrar, and we hereby ratify, confirm, and adopt our facsimile signatures on the Bonds as the true and proper signatures for the execution thereof. WE FURTHER CERTIFY that the Bonds have been in all respects duly executed for delivery pursuant to authority conferred upon us as such officers; and no obligations other than the Bonds have been issued pursuant to such authority, and that none of the proceedings or records which have been certified to the purchasers of the Bonds or the attorneys approving the same have been in any manner repealed, amended or changed, and that there has been no change in the financial condition of the City or of the facts affecting the Bonds. WE FURTHER CERTIFY that there is no litigation pending or, to our knowledge, threatened questioning the organization or boundaries of the City, or the right of any of us to our respective offices, or in any manner questioning our right and power to execute and deliver the page 148 4882810v1 2 Bonds, or otherwise questioning the validity of the Bonds or the levy of taxes or the pledge of special assessments for the payment of the Bonds and the interest thereon. page 149 4882810v1 3 WITNESS our hands this 12th day of September, 2012. CITY OF MENDOTA HEIGHTS, MINNESOTA _______________________________________ Mayor _______________________________________ Clerk _______________________________________ Finance Director page 150 4882810v1 FINANCE DIRECTOR’S RECEIPT I, the undersigned, being the duly qualified and acting Finance Director of the City of Mendota Heights, Dakota County, Minnesota, DO HEREBY CERTIFY AND ACKNOWLEDGE that on the date hereof, I received from _________________, the purchaser of $2,655,000 General Obligation Improvement Bonds, Series 2012A, dated September 12, 2012 as the date of original issue, the purchase price thereof, which purchase price is as follows: Par Value $2,655,000.00 Discount $_________ TOTAL $___________ and I did thereupon deliver the Bonds to the purchaser. WITNESS my hand as Finance Director this 12th day of September, 2012. CITY OF MENDOTA HEIGHTS, MINNESOTA _______________________________________ Finance Director page 151 4882810v1 NONARBITRAGE CERTIFICATE The undersigned are the duly qualified and acting Mayor, Clerk and Finance Director of the City of Mendota Heights, Dakota County, Minnesota (the "City" or "Issuer"), charged, either alone or with others, with the responsibility of issuing the $2,655,000 General Obligation Improvement Bonds, Series 2012A, dated September 12, 2012, as the date of original issue (the "Bonds"). This Certificate is being executed in accordance with the income tax regulations relating to arbitrage bonds (the "Regulations") and may be relied upon as a certification under Section 1.148-2(b)(2) of the Regulations under Section 148 of the Internal Revenue Code of 1986, as amended (the "Code"). The undersigned, having made an investigation of the facts, circumstances and estimates pertaining to and in connection with the Bonds, hereby certify and reasonably expect as follows with respect to the Bonds: 1. Purpose; Statement. The proceeds of the Bonds will be used to finance the construction of various improvements in the City (the "Improvements"). As of the date hereof, all of the representations and statements of fact contained in the resolution adopted by the City Council on August 21, 2012 (the "Resolution"), relating to the Bonds are true and correct, and nothing has occurred between the date of adoption of the Resolution and the date hereof to cause any expectation or covenant stated in the Resolution to become unlikely or impossible of occurrence or performance, unreasonable or otherwise invalid. 2. Proceeds and Uses. The Bonds were delivered and paid for on the date of this Certificate. The total sale proceeds received on the sale of the Bonds (i.e. the issue price of the Bonds or the offering price of the Bonds to the public) is $____________, which together with earnings thereon (estimated to be $__________), do not exceed the total of: (i) $_________, estimated total financeable costs of acquisition and betterment of the Improvements (excluding item (ii) below); and (ii) $_________, capitalized interest; and (iii) $_________, expenses anticipated to be incurred in connection with the issuance of the Bonds, including Underwriting Compensation as defined below; and (iv) $_________, surplus funds to be deposited in the Debt Service Account. "Underwriting Compensation" is the difference between the amount paid by the underwriter in purchasing the Bonds from the Issuer and the amount of the issue price or reoffering price of the Bonds to the public. 3. Governmental Purposes; No Over-issuance. The stated purposes of the Bonds are governmental purposes within the meaning of applicable law and regulations. The "Sale Proceeds" of the Bonds (i.e., the issue price of the Bonds less accrued interest), less any amounts used to pay issuance expenses, together with estimated earnings thereon, will not exceed the estimated dollar cost of financing and constructing the Improvements less all other funds to be expended for paying such costs. page 152 4882810v1 2 4. Fund and Accounts. The Bonds are payable from the Issuer's General Obligation Improvement Bonds, Series 2012A Fund (the "Fund"), which Fund contains the following accounts: a Construction Account (for the construction of the Improvements), and a Debt Service Account (for payment of debt service on the Bonds). 5. Construction Account: Time Test; Due Diligence Test; Expenditure Test. (a) Costs of Construction and Issuance. The costs of constructing the Improvements and issuing the Bonds will be paid from the Construction Account in the Fund. The Issuer reasonably expects to satisfy the time test, the due diligence test and the expenditure test as set forth below: (i) Time Test. Substantial binding contracts or commitments for constructing the Improvements obligating the expenditure of not less than $_______ (five percent (5%) of the Net Sale Proceeds (as defined below) of the Bonds) have heretofore been entered into or made or will be entered into or made within six (6) months from the date hereof. "Net Sale Proceeds" is the issue price of the Bonds less the accrued interest and less any Bond proceeds deposited in any reserve fund or account. All such contracts are, or will be, binding obligations of the Issuer. (ii) Due Diligence Test. The acquisition and construction of the Improvements and the allocation of the Net Sale Proceeds of the Bonds to expenditures has proceeded and will continue to proceed with due diligence to completion. The Improvements are estimated to be completed by _____________, 20__. (iii) Expenditure Test. Any contract or commitment for the construction of the Improvements heretofore or hereafter executed has provided or will provide for the acquisition and construction of the Improvements in less than three (3) years from the date hereof; and proceeds of the Bonds in an amount equal to at least eighty-five percent (85%) of the Net Sale Proceeds of the Bonds will be spent in paying the cost of the acquisition and construction of the Improvements within three (3) years from the date hereof. (b) Costs of Issuance; Transfer. The costs of issuing the Bonds will be incurred and paid within three (3) years from the date hereof. Any moneys remaining in the Construction Account after completion of the Improvements and payment of the costs of issuing the Bonds will be transferred to the Debt Service Account unless transferred to the fund of any other improvement as authorized by law. (c) Investments. The Issuer shall not invest amounts in the Construction Account at a yield materially higher than the yield on the Bonds or in obligations exempt from federal income taxation under Section 103(a) of the Code if and to the extent moneys remain therein after the earlier of (i) construction of the Improvements is complete or, (ii) three (3) years from the date hereof. page 153 4882810v1 3 6. Debt Service Account: Funding; Investment Covenants. (a) The principal and interest on the Bonds are payable from the Debt Service Account. The Issuer has covenanted that any sums from time to time held in the Construction Account and the Debt Service Account (or any other account of the Issuer which will be used to pay debt service on the Bonds) in excess of amounts which under then applicable federal arbitrage regulations may be invested without regard to yield (after taking into account all temporary periods) shall not be invested at a yield in excess of the applicable yield restrictions imposed by the arbitrage regulations on such investments. Other than the Debt Service Account, there is no other fund or account of cash or securities which the Issuer has set aside and expects to invest or maintain at a yield greater than the yield on the Bonds for the purpose of paying debt service on the Bonds. (b) The Debt Service Account is both: (1) a bona fide debt service fund (within the meaning of Section 1.148-1(b) of the Regulations) which achieves a proper matching of revenues and debt service in each Bond Year and is depleted at least once a Bond Year except for a reasonable carryover amount not exceeding the greater of the earnings on the Debt Service Account for the immediately preceding Bond Year or one-twelfth (1/12th) of annual debt service on the Bonds for the immediately preceding Bond Year, and (2) a sinking fund (within the meaning of Section 1.148-1(c)(2) of the Regulations), and each such function shall be treated for the purposes hereof as if it occurred in a separate account. Amounts deposited in the Debt Service Account which are to be used to pay debt service on the Bonds within thirteen (13) months of their receipt will be invested without regard to yield and receipts in the Debt Service Account which will not be used to pay debt service on the Bonds within thirteen (13) months of their receipt will be invested without regard to yield to the extent they do not exceed the "minor portion" of $__________, which is an amount equal to the lesser of $100,000 or 5% of the Sale Proceeds of the Bonds. All receipts in the Debt Service Account may be invested without regard to yield for a temporary period of thirty (30) days from receipt, and investment earnings on such sums may be invested without regard to yield for a longer temporary period of one (1) year from receipt. Amounts not entitled to a temporary period or within said minor portion will not be invested at a yield which is materially higher than the yield on the Bonds, or will be invested without regard to yield in obligations which are exempt from federal income taxation under Section 103(a) of the Code and which are not "specified private activity bonds" within the meaning of Section 57(a)(5)(C) of the Code. 7. Yield Determination; Materially Higher. The yield on the Bonds is based on the issue price of the Bonds being the initial offering price to the public (excluding bond houses and brokers) at which a substantial amount (at least 10%) of each maturity of the Bond was sold, except as otherwise stated in the Certificate of Purchaser. On the date hereof, the yield of the Bonds has been calculated to be ____________%; this yield on the Bonds will be recalculated if and as required by the Code or the Regulations. A "materially higher" yield is defined at Section 1.148-2(d)(2) of the Regulations and is generally one-eighth of one percent (0.125%). 8. Rebate. The Issuer is a small issuer not subject to the rebate requirement imposed by Section 148(f) of the Code by reason of issuing (together with all subordinate entities thereof, and all entities treated as one with the Issuer) less than $5,000,000 of tax-exempt governmental obligations during the calendar year as provided in Section 148(f)(4)(D) of the Code. page 154 4882810v1 4 9. Intentional Acts. The Issuer shall not intentionally use any portion of the proceeds of the Bonds directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments except to the extent such investments would not have caused the Bonds to be arbitrage bonds if reasonably expected on the date hereof. 10. Reimbursement Expenditures. $______________ of the proceeds of the Bonds will be used to reimburse the Issuer for reimbursement expenditures. The official intent declaration of the Issuer was dated __________________. 11. Monitoring of Expenditures and Investments. (a) The Issuer will monitor the expenditure of bond proceeds and the use of the facilities financed with proceeds of the Bonds in order to assure that the Bonds continue to qualify as "qualified bonds" within the meaning of Section 141(e) or Section 145 of the Code, and the Issuer will consult with Bond Counsel as necessary to determine whether, and to what extent, if as a result of any change in the use or purpose of the financed facilities any remedial action is required under Sections 1.141-12, 1.142-2 and/or 1.145-2 of the Income Tax Regulations. (b) The Issuer will monitor the investment of bond proceeds to assure compliance with Section 148 of the Code, and the Issuer will consult with Bond Counsel periodically with regard to arbitrage issues and compliance. 12. Basis For Expectations. The facts and estimates on which the foregoing expectations are based are (a) the documents included in the "Bond Transcript" prepared for the Bond Closing, (b) all engineering and architectural estimates, drawings, reports and plans and specifications heretofore furnished the Issuer with respect to the Improvements, (c) all contracts, if any, heretofore executed for the acquisition and construction of the Improvements, (d) all expenditures which were heretofore made by the Issuer for the acquisition and construction of the Improvements and which are to be reimbursed out of the proceeds of the Bonds, and (e) such other facts and estimates, if any, as may be set forth in an Exhibit A attached hereto. 13. Not Abusive Transaction. No “abusive arbitrage device” within the meaning of Section 1.148-10 of the Regulations is used in connection with the Bonds. No action relating to the Bonds has the effect of (1) enabling the Issuer to exploit the difference between tax exempt and taxable interest rates to obtain a material financial advantage and (2) overburdening the tax exempt bond market. 14. Familiarity; Conclusion. We are generally familiar with the requirements of the Regulations, and nothing has been called to our attention to cause us to believe that the proceeds of the Bonds will be used in a manner which would cause the Bonds to be arbitrage bonds within the meaning of Section 148 of the Code. 15. No Other Facts. To the best of the knowledge and belief of the undersigned, there are no other facts, estimates or circumstances which would materially change the foregoing facts and conclusions. page 155 4882810v1 5 WITNESS our hands this 12th day of September, 2012. CITY OF MENDOTA HEIGHTS, MINNESOTA __________________________________________ Mayor __________________________________________ Clerk __________________________________________ Finance Director page 156 4882810v1 CERTIFICATE OF BOND REGISTRAR AND AUTHENTICATING AGENT $2,655,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2012A CITY OF MENDOTA HEIGHTS, MINNESOTA 1. I, ___________________, do hereby certify that I am a _______________________, duly appointed and acting as such, of Bond Trust Services Corporation, located in the City of Roseville, Minnesota (the "Bond Registrar"). 2. Pursuant to authorization by, and direction of, the City of Mendota Heights, Minnesota (the “City”) certain of the authorized officers listed on the attached Exhibit A have this day authenticated each of the bonds of the above referenced issue, being fully registered bonds in the denominations equal to the total principal amount of the bond issue due on the specified maturity date therefor and bearing the bond numbers of R-1 and upward and have caused each bond to be registered in the name of a "person" as defined in Section 1-201 of the Uniform Commercial Code, all in accordance with the provisions of that certain resolution adopted on August 21, 2012 by the City Council (the "Resolution"). 3. The authorized officers who have signed the bonds have been duly authorized to sign the bonds on behalf of the Bond Registrar acting as authenticating agent. 4. To the best of our knowledge the provisions of any bond registrar's agreement to be entered into between the City and the Bond Registrar will not conflict with the provisions of the Resolution with respect to the duties and responsibilities of the Bond Registrar set forth therein. 5. The CUSIP (Committee of Uniform Securities Identification Procedure) number of the bonds of the above referenced issue with the latest maturity is: _________________________. Witness my hand this 12th day of September, 2012. BOND TRUST SERVICES CORPORATION By ____________________________________ Its ____________________________________ page 157 4882810v1 CERTIFICATE OF PURCHASER I, ___________________, do hereby certify that I am the duly qualified and acting ________________ of _____________________________________________, in _____________, ______________ (the "Purchaser"), and as such officer I do hereby further certify as follows: 1. The Purchaser is purchasing on the date hereof General Obligation Improvement Bonds, Series 2012A (the "Bonds") of the City of Mendota Heights, Minnesota (the "Issuer"). 2. The Purchaser hereby represents and certifies that each maturity of the Bonds has been the subject of a bona fide initial offering to the public (excluding bond houses, brokers, or similar person or organizations acting in the capacity of underwriters or wholesalers) and that the reasonably expected reoffering price of the Bonds to the public is $____________, excluding accrued interest. Calculations of the issue price for each maturity are as shown on Exhibit A. 3. At least 10% of the principal amount of each maturity of the Bonds was sold to the public (excluding bond houses, brokers, or similar persons or organizations acting in the capacity of underwriters or wholesalers) at not greater than the respective initial reoffering prices set forth on Exhibit A[, except for the Bonds maturing in the years ___, ____, and ___, due to ______________________[explanation for reasons these maturities did not sell at initial offering prices]]. 4. At the time the Purchaser agreed to purchase the Bonds, based upon the then prevailing market conditions, the Purchaser reasonably expected that at least 10% of the principal amount of each maturity of the Bonds would be sold to the public (excluding bond houses, brokers, or similar persons or organizations acting in the capacity of underwriters or wholesalers) at the yield or price and rate indicated on Exhibit A, and the Purchaser had no reason to believe that any of the Bonds would be sold to the public (excluding bond houses, brokers or other persons or organizations acting in the capacity as underwriters or wholesalers) at prices greater than such offering prices or yields lower than such offering yields, as the case may be, and that the initial offering price of each maturity of the Bonds to the public (excluding bond houses, brokers, or other persons or organizations acting in the capacity as underwriters or wholesalers) represented their fair market value. 5. This certificate is given as a representation of the Purchaser, and may be relied upon by the Issuer. In Witness Whereof, I have set my hand this 12th day of September, 2012. _______________________________________ By ____________________________________ Its __________________________________ page 158 4882810v1 A-1 EXHIBIT A Initial Offering Price* (Exclusive of Maturity Accrued Interest) 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 SUBTOTAL $___________ PLUS ACCRUED INTEREST** $___________ ISSUE PRICE* (AGGREGATE) $ *Issue Price is the price to customers, and includes accrued interest. **Assuming deliveries to customers on the date of delivery to the Purchaser by the Issuer. page 159 4882810v1 CONSULTANTS CERTIFICATION AS TO 8038-G INFORMATION The undersigned, being duly authorized to execute this Certificate on behalf of Ehlers and Associates, Inc., in Roseville, Minnesota (the "Consultants"), HEREBY CERTIFIES that the following information is true and correct to the best of our knowledge in reliance upon certain information provided to us by the City of Mendota Heights, Minnesota (the "Issuer") and by __________________________, in ___________, ____________ the original purchaser of $2,655,000 General Obligation Improvement Bonds, Series 2012A, dated September 12, 2012 (the "Bonds"). This Certificate is being furnished to Briggs and Morgan, Professional Association for the exclusive purpose of completing and filing on a timely basis I.R.S. Informational Statement (Form 8038-G) for the Issuer: 1. The following information is true and correct to the best of our knowledge in reliance upon certain information provided to us by the Issuer for the exclusive purpose of completing I.R.S. Informational Statement (Form 8038-G) for the Bonds: (a) The Issuer's federal employer identification number (EIN) is 41-6008695. (b) The yield on the Bonds (based on the issue price supplied by the original purchaser of the Bonds) is not less than __________%. (c) The weighted average maturity based on the issue price of each maturity of the Bonds and from their date of issue (not based on the face amount of the Bonds or from their dated date) is __________ years. Witness my hand on September 12, 2012. EHLERS AND ASSOCIATES, INC. By ____________________________________ Its _________________________________ page 160 4882810v1 CONTINUING DISCLOSURE UNDERTAKING This Continuing Disclosure Undertaking (the "Disclosure Undertaking") is executed and delivered by the City of Mendota Heights, Minnesota (the "Issuer"), in connection with the issuance of $2,655,000 General Obligation Improvement Bonds, Series 2012A (the "Bonds"). The Bonds are being issued pursuant to a Resolution adopted on August 21, 2012 (the "Resolution"). Pursuant to the Resolution and this Undertaking, the Issuer covenants and agrees as follows: SECTION 1. Purpose of the Disclosure Undertaking. This Disclosure Undertaking is being executed and delivered by the Issuer for the benefit of the Owners and in order to assist the Participating Underwriters in complying with SEC Rule 15c2-12(b)(5). SECTION 2. Definitions. In addition to the definitions set forth in the Resolution, which apply to any capitalized term used in this Disclosure Undertaking unless otherwise defined in this Section, the following capitalized terms shall have the following meanings: "Annual Report" shall mean any annual financial information provided by the Issuer pursuant to, and as described in, Sections 3 and 4 of this Disclosure Undertaking. "Audited Financial Statements" shall mean the financial statements of the Issuer audited annually by an independent certified public accounting firm, prepared pursuant to generally accepted accounting principles promulgated by the Financial Accounting Standards Board, modified by governmental accounting standards promulgated by the Government Accounting Standards Board. "Dissemination Agent" shall mean such party from time to time designated in writing by the Issuer to act as information dissemination agent and which has filed with the Issuer a written acceptance of such designation. "Fiscal Year" shall be the fiscal year of the Issuer. "Governing Body" shall, with respect to the Bonds, have the meaning given that term in Minnesota Statutes, Section 475.51, Subdivision 9. "MSRB" shall mean the Municipal Securities Rulemaking Board. "Occurrence(s)" shall mean any of the events listed in Section 5 of this Disclosure Undertaking. "Official Statement" shall be the Official Statement dated __________, 2012, prepared in connection with the Bonds. "Owners" shall mean the registered holders and, if not the same, the beneficial owners of any Bonds. page 161 4882810v1 "Participating Underwriter" shall mean any of the original underwriters of the Bonds required to comply with the Rule in connection with offering of the Bonds. "Resolution" shall mean the resolution or resolutions adopted by the Governing Body of the Issuer providing for, and authorizing the issuance of, the Bonds. "Rule" shall mean Rule 15c2-12(b)(5) adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be amended from time to time or interpreted by the Securities and Exchange Commission. SECTION 3. Provision of Annual Reports. A. Beginning in connection with the Fiscal Year ending on December 31, 20__, the Issuer shall, or shall cause the Dissemination Agent to, as soon as available, but in any event not later than __________, 20__, and by ___________ of each year thereafter, provide to the MSRB by filing at www.emma.msrb.org, together with such identifying information as prescribed by the MSRB, an Annual Report which is consistent with the requirements of Section 4 of this Disclosure Undertaking. B. If the Issuer is unable to provide to the MSRB an Annual Report by the date required in subsection A, the Issuer shall send a notice of such delay and estimated date of delivery to the MSRB. SECTION 4. Content and Format of Annual Reports. The Issuer's Annual Report shall contain or incorporate by reference the financial information and operating data pertaining to the Issuer listed below as of the end of the preceding Fiscal Year. The Annual Report may be submitted to the MSRB as a single document or as separate documents comprising a package, and may cross-reference other information as provided in this Disclosure Undertaking. The following financial information and operating data shall be supplied: A. An update of the operating and financial data of the type of information contained in the Official Statement under the captions: Current Property Valuations; Direct Debt; Tax Levies & Collections; Population Trend; and Employment/Unemployment. B. Audited Financial Statements of the Issuer. The Audited Financial Statements of the Issuer may be submitted to the MSRB separately from the balance of the Annual Report. In the event Audited Financial Statements of the Issuer are not available on or before the date for filing the Annual Report with the MSRB as set forth in Section 3.A. above, unaudited financial statements shall be provided as part of the Annual Report. The accounting principles pursuant to which the financial statements will be prepared will be pursuant to generally accepted accounting principles promulgated by the Financial Accounting Standards Board, as such principles are modified by the governmental accounting standards promulgated by the Government Accounting Standards Board, as in effect from time to time. If Audited Financial Statements are not provided because they are not available on or before the date for filing the Annual Report, the Issuer shall promptly provide them to the MSRB when available. page 162 4882810v1 SECTION 5. Reporting of Significant Events. This Section 5 shall govern the giving of notices of the occurrence of any of the following events with respect to the Bonds: (1) Principal and interest payment delinquencies; (2) Non-payment related defaults, if material; (3) Unscheduled draws on debt service reserves reflecting financial difficulties; (4) Unscheduled draws on credit enhancements reflecting financial difficulties; (5) Substitution of credit or liquidity providers, or their failure to perform; (6) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701- TEB), or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; (7) Modifications to rights of security holders, if material; (8) Bond calls, if material, and tender offers; (9) Defeasances; (10) Release, substitution, or sale of property securing repayment of the Bonds, if material; (11) Rating changes; (12) Bankruptcy, insolvency, receivership or similar event of the Issuer; (13) The consummation of a merger, consolidation, or acquisition involving an obligated person or the sale of all or substantially all of the assets of the obligated person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; (14) Appointment of a successor or additional trustee or the change of name of a trustee, if material. Whenever an event listed above has occurred, the Issuer shall promptly, which may not be in excess of the ten (10) business days after the Occurrence, file a notice of such Occurrence with the MSRB, by filing at www.emma.msrb.org, together with such identifying information as prescribed by the MSRB. The Issuer agrees to provide or cause to be provided, in a timely manner, to the MSRB notice of a failure by the Issuer to provide the Annual Reports described in Section 4. SECTION 6. Termination of Reporting Obligation. The Issuer's obligations under this Disclosure Undertaking shall terminate upon the legal defeasance, prior redemption or payment in full of all of the Bonds. SECTION 7. Dissemination Agent. The Issuer may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure Undertaking, and may discharge any such Agent, with or without appointing a successor Dissemination Agent. SECTION 8. Amendment; Waiver. Notwithstanding any other provision of this Disclosure Undertaking, the Issuer may amend this Disclosure Undertaking, and any provision of page 163 4882810v1 this Disclosure Undertaking may be waived, if (a) a change in law or change in the ordinary business or operation of the Issuer has occurred, (b) such amendment or waiver would not, in and of itself, cause the undertakings herein to violate the Rule if such amendment or waiver had been effective on the date hereof but taking into account any subsequent change in or official interpretation of the Rule, and (c) such amendment or waiver is supported by an opinion of counsel expert in federal securities laws to the effect that such amendment or waiver would not materially impair the interests of Owners. SECTION 9. Additional Information. Nothing in this Disclosure Undertaking shall be deemed to prevent the Issuer from disseminating any other information, using the means of dissemination set forth in this Disclosure Undertaking or any other means of communication, or including any other information in any Annual Report or notice of an Occurrence, in addition to that which is required by this Disclosure Undertaking. If the Issuer chooses to include any information in any Annual Report or notice of an Occurrence in addition to that which is specifically required by this Disclosure Undertaking, the Issuer shall have no obligation under this Disclosure Undertaking to update such information or include it in any future Annual Report or notice of an Occurrence. SECTION 10. Default. In the event of a failure of the Issuer to provide information required by this Disclosure Undertaking, any Owner may take such actions as may be necessary and appropriate, including seeking mandamus or specific performance by court order, to cause the Issuer to comply with its obligations to provide information under this Disclosure Undertaking. A default under this Disclosure Undertaking shall not be deemed an Event of Default under the Resolution, and the sole remedy under this Disclosure Undertaking in the event of any failure of the Issuer to comply with this Disclosure Undertaking shall be an action to compel performance. SECTION 11. Beneficiaries. This Disclosure Undertaking shall inure solely to the benefit of the Issuer, the Participating Underwriters and Owners from time to time of the Bonds, and shall create no rights in any other person or entity. SECTION 12. Reserved Rights. The Issuer reserves the right to discontinue providing any information required under the Rule if a final determination should be made by a court of competent jurisdiction that the Rule is invalid or otherwise unlawful or, subject to the provisions of Section 8 hereof, to modify the undertaking under this Disclosure Undertaking if the Issuer determines that such modification is required by the Rule or by a court of competent jurisdiction. Date: _____________, 2012. CITY OF MENDOTA HEIGHTS, MINNESOTA By ____________________________________ Its Mayor By ____________________________________ Its Clerk page 164 ReEHLERS LEADERS IN PUBLIC FINANCE 11% Debt Issuance Services August 21, 2012 City of Mendota Heights, Minnesota.. w/mehlers-inc.com Minnesota phone 651-697-8500 3060 Centre Pointe Drive Offices also in Wisconsin and Illinois fax 651-697-8555 Roseville, IVIN 55113-1122 Debt Issuance Services City of Mendota Heights, MN Results of Bond Sale — August 21, 2012 $2,630,000 General Obligation Improvement Bonds, Series 2012A Purpose: To finance various public improvements within the City. Rating: Moody's Investors Service "Aal" Number of Bids: 2 Low Bidder: Baird, Milwaukee, WI True Interest Cost: 2.3157%* Interest Savings from Low Bid High Bid Interest Savings Lowest to Highest Bid: 2.3151% 2.5945% $061012 Summary of Results: Projected Results of Sale Difference Principal Amount $2,655,000 $2,630,000 -$25,000 Net Proceeds: $4,517,992 $4,521,108 $3,116 Capitalized Interest: $15,000 $15,000 $0 Discount Allowance: $26,550 $24,294 -$2,256 True Interest Cost: 2.5513% 2.3157% -0.24% Cost of Issuance: $36,000 $35,140 -$860 Coupon Rates: 0.75% - 3.00% 2.00% - 2.70% Closing Date: September 12, 2012 Board Action: Resolution Providing For The Issuance And Sale Of $2,630,000 General Obligation Improvement Bonds, Series 2012A, Pledging Special Assessments For The Security Thereof And Levying A Tax For The Payment Thereof Attachments: ® Bid Tabulation 0 Bond Resolution (Distributed in Council Packets) *The Underwriter will issue a reoffering premium and did not take the full amount of anticipated Discount allowance; therefore the par amount of the bonds was reduced to $2,630,000. This increased the TIC to 2.3157% from 2.3151%. EHLERS LEADERS IN PUBLIC FINANCE www.ehlers-inc.com Minnesota phone 651-697-8500 3060 Centre Pointe Drive Offices also in Wisconsin and Illinois fax 651-697-8555 Roseville, MN 55113-1122 $2,655,000* General Obligation Improvement Bonds, Series 2012A CITY OF MENDOTA HEIGHTS, MINNESOTA SALE: August 21, 2012 RATING: Moodv's Investors Service, Inc. "Aa1" BBI: 3.80% NAME OF BIDDER MATURITY (February 1) RATE REOFFERING YIELD NET TRUE PRICE INTEREST INTEREST COST RATE BAIRD 2015 2.000% 0.500% $2,654,802.25 $754,656.76 2.3151% Milwaukee, Wisconsin 2016 2.000% 0.600% C.L. King & Associates WMBE 2017 2.000% 0.800% Coastal Securities, Inc. 2018 2.000% 1.100% SAMCO Capital Markets 2019 2.000% 1.400% Loop Capital Markets 2020 2.000% 1.600% Edward D. Jones & Co. 2021 2.000% 1.800% Cronin & Co., Inc. 2022** 2.000% 1.900% Kildare Capital 2023 ** 2.000% 1.900% Crews & Associates, Inc. 2024 * ** 2.000% 2.050% Davenport & Co. L.L.C. 2025*** 2.000% 2.050% Wedbush Securities Inc. 2026 * * ** 2.200% 2.200% Dougherty & Company, LLC 2027 * * ** 2.200% 2.200% Isaak Bond Investments, Inc 2028 * * * ** 2.500% 2.500% Country Club Bank 2029 * * * ** 2.500% 2.500% Advisors Asset Management 2030 * * * ** 2.500% 2.500% Ross, Sinclaire & Associates, LLC 2031 * * **** 2.700% 2.720% CastleOak Securities, L.P. 2032 * * * * ** 2.700% 2.720% Vining- Sparks IBG, Limited Partnership Northland Securities, Inc. *Subsequent to bid opening the issue size was decreased to $2,630,000. Adjusted Price - $2,629,802.39 Adjusted Net Interest Cost - $747,986.20 Adjusted TIC - 2.3157% * *$385,000 Term Bond due 2023 with mandatory redemption in 2022 (Adjusted amount of $380,000) ** *$335,000 Term Bond due 2025 with mandatory redemption in 2024 (Adjusted amount of $330,000) * ** *$350,000 Term Bond due 2027 with mandatory redemption in 2026 (Adjusted amount of $345,000) * * ** *$545,000 Term Bond due 2030 with mandatory redemption in 2028 -2029 * * * ** *$390,000 Term Bond due 2032 with mandatory redemption in 2031 (Adjusted amount of $385,000) EHLERS LEADERS IN PUBLIC FINANCE www.ehlers- inc.com Minnesota phone 651- 697 -8500 3060 Centre Pointe Drive Offices also in Wisconsin and Illinois fax 651- 697 -8555 Roseville, MN 55113 -1122 $2,GS8o0O General Obligation Improvement Bonds, Series 2012A City of Mendota Heights, Minnesota Page 2 NET TRUE NAME OF BIDDER MATURITY RATE REOFFERING PRICE INTEREST INTEREST (February 1) YIELD COST RATE BOSC.|NC..A SUBSIDIARY OFBOK 2015 2.000% FINANCIAL CORPORATION 2016 2.00096 Menomonee Falls, Wisconsin 2017 2.00096 2818 2.000% 2019 2.000Y6 2020 2.250Y& 2021 2.250% 2022 2.37596 2023 2.580% . 2024 2.500% 2025 2.825% 2026 2.825% 2027 2.75096 2028 2J50Y6 2029 2.875% 2030 2.875Y6 2031 3.000% 2032 3.00096 $2,677.502.95 $850.72826 2.5045% DATE: August 21, 2012 TO: Mayor, City Council, and City Administrator FROM: John R. Mazzitello, PE, PMP – Public Works Director/City Engineer SUBJECT: Authorization to Enter Into a Limited Use Permit for Interstate Valley Creek Trail Relocation BACKGROUND At the September 20, 2011 City Council meeting, Council approved a License Agreement for a portion of Interstate Valley Creek Trail as it traverses two privately held properties north of Highway 110 and west of Dodd Road (Highway 149). The License Agreement provides the property owners with a right of revocation upon 30 days written notice. At the goal setting workshop held in February 2012, Council indicated a strong desire to relocate this portion Interstate Valley Creek Trail onto completely public land. In order to relocate the trail into the Minnesota Department of Transportation (MnDOT) owned right-of-way for Highway 110 (see attached diagram), a new Limited Use Permit is needed. The original Limited Use Permit was executed in 1990 in advance of the trail’s construction, and covers the current location of the trail in the MnDOT right-of-way. An addition to the currently permitted area is needed to cover the relocation area. In addition, the existing permit is in need of renewal. In order to begin the process of executing a Limited Use Permit for the trail relocation area, MnDOT requires Council to pass a Resolution indicating the City’s willingness to enter into a Limited Use Permit Agreement. The attached Resolution would authorize staff to enter into a Limited Use Permit with MnDOT on behalf of the City once design plans are completed for the trail relocation. A Draft of what the Limited Use Permit may look like is attached. When the final Limited Use Permit is ready, thorough review by the City Attorney will take place prior to staff approval of the permit. BUDGET IMPACT Approval the authorization for the Limited Use Permit has no budgetary impact. Construction of the trail relocation is anticipated in 2013 in along with the Dodd Road/Highway 110 Pedestrian Improvements project. There are no anticipated fees associated with the Limited Use Permit. RECOMMENDATION Staff recommends Council approve the attached Resolution authorizing staff to enter into a Limited Use Permit agreement with MnDOT for the placement of a pedestrian trail in the Highway 110 and Highway 149 right-of-way. page 165 If Council wishes to implement the staff recommendation, pass the attached RESOLUTION AUTHORIZING A LIMITED USE PERMIT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR A PEDESTRIAN TRAIL IN THE RIGHT-OF-WAY OF TRUNK HIGWAY 110 AND TRUNK HIGHWY 149 by a simple majority vote. page 166 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2012-__ RESOLUTION AUTHORIZING A LIMITED USE PERMIT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR A PEDESTRIAN TRAIL IN THE RIGHT-OF-WAY OF TRUNK HIGWAY 110 AND TRUNK HIGHWY 149 WHEREAS, the City of Mendota Heights is a political subdivision, organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Mendota Heights has approved a plan to relocate a pedestrian trail into the right-of-way of Trunk Highways 110 and 149; and WHEREAS, the State of Minnesota Department of Transportation requires a Limited Use Permit for the construction and utilization of said pedestrian trail. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Mendota Heights hereby enters into a Limited Use Permit with the State of Minnesota, Department of Transportation for the following purposes: 1. To construct and maintain a pedestrian trail within the right-of-way of Trunk Highways 110 and 149 of the State of Minnesota. 2. The City of Mendota Heights shall construct, operate, and maintain said trail in accordance with the Limited Use Permit granted by the Minnesota Department of Transportation. NOW THEREFORE BE IT FURTHER RESOLVED, that the City Council of the City of Mendota Heights authorizes the City Administrator and the Public Works Director to execute the Limited Use Permit and any amendments to the Permit. Adopted by the City Council of the City of Mendota Heights this 21st day of August 2012. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST _________________________ Lorri Smith, City Clerk page 167 DRAFT SAMPLE LUP – Standardized LUP Form Page 1 of 5 LU1001 8/15/2012 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION LIMITED USE PERMIT C.S. 1917 (T.H. 149) C.S. 1918 (T.H. 110) County of Dakota LUP # 1917-0066 Permittee: City of Mendota Heights Terminates: 08/02/2022 In accordance with Minnesota Statutes Section 161.434, the State of Minnesota, through its Commissioner of Transportation, MnDOT, hereby grants a Limited Use Permit to City of Mendota Heights, Permittee, to use the area within the right of way of Trunk Highway No. 110 and Trunk Highway No. 149 as shown in red on Exhibit "A", (the Area) attached hereto and incorporated herein by reference. This permit is executed by the Permittee pursuant to resolution, a certified copy of which is attached hereto and incorporated herein. Non-Motorized Recreational Trail The Permittee's use of the Area is limited to only the constructing, maintaining and operating a nonmotorized recreational trail (the Facility) and the use thereof may be further limited by 23 C.F.R. 652 also published as the Federal-Aid Policy Guide. The permittee agrees that this permit totally replaces and superscedes the previously issued Limited Use permit affecting the Area, specifically: The first permit, #1017-023, was issued on _4/27/1990 on CS 1917 (TH 149) and CS 1918 (TH 110). Upon issuance of this permit the earlier issued permit is cancelled. In addition, the following special provisions shall apply: SPECIAL PROVISIONS 1. TERM. This permit will terminate at 11:59PM on 08/02/2022. This permit will not be renewed. This permit is also subject to cancellation and termination by the Minnesota Department of Transportation, with or without cause, by giving the Permittee 90 days written notice of such intent. Prior to termination, or within 90 days of the cancellation notice, the Facility shall be removed by the Permittee. The Permittee is required to return and restore the area to a condition satisfactory to the Minnesota Department of Transportation District Engineer. The removal of the Facility and the return and restoration of the Area shall be at no cost to the page 168 DRAFT SAMPLE LUP – Standardized LUP Form Page 2 of 5 LU1001 8/15/2012 Minnesota Department of Transportation and at the sole expense of the Permittee. If Permittee desires to continue its use of the Area, the Permittee must reapply to the Minnesota Department of Transportation, at least 90 days prior to termination, for a new limited use permit. After termination, any continued occupancy or use, under this permit, of the Area is not authorized. However, if such continued occupancy or use occurs, all provisions of this permit related to Permittee’s liability or responsibility remain in effect. Permittee will pay MnDOT all costs and expenses, including attorney's fees, in any successful action brought by State of Minnesota to remove the facility and stop the continued occupancy or use. 2. CONSTRUCTION. The construction, maintenance, and supervision of the Facility shall be at no cost or expense to MnDOT. Before construction of any kind, the plans for such construction shall be approved in writing by the Minnesota Department of Transportation, through the District Engineer. Approval from Minnesota Department of Transportation District Engineer shall be required for any changes from the approved plan. The Permittee shall construct the Facility at the location shown in the attached Exhibit "A" subject to verification by the Minnesota Department of Transportation District Engineer that the construction geometrics and procedures result in a Facility that is compatible with the safe and efficient operation of the highway. Upon completion of the construction of the Facility, the Permittee shall restore all disturbed slopes and ditches in such manner that drainage, erosion control and aesthetics are perpetuated. The Permittee shall preserve and protect all utilities located on the lands covered by this permit at no expense to MnDOT and it shall be the responsibility of the Permittee to call the Gopher State One Call System at 1-800-252-1166 at least 48 hours prior to performing any excavation. Any crossings of the Facility over the trunk highway shall be perpendicular to the centerline of the highway and shall provide and ensure reasonable and adequate stopping sight distance. 3. MAINTENANCE. Any and all maintenance of the Facility shall be provided by the Permittee at its sole cost and expense, including, but not limited to, plowing and removal of snow and installation and removal of regulatory signs. No signs shall be placed on any MnDOT or other governmental agency sign post within the Area. MnDOT will not mark obstacles for users on trunk highway right of way. 4. USE. Other than as identified and approved by MnDOT, no permanent structures or no advertising devices in any manner, form or size shall be allowed on the Area. No commercial activities shall be allowed to operate upon the Area. page 169 DRAFT SAMPLE LUP – Standardized LUP Form Page 3 of 5 LU1001 8/15/2012 Any use permitted by this permit shall remain subordinate to the right of the Minnesota Department of Transportation to use the property for highway and transportation purposes. This permit does not grant any interest whatsoever in land, nor does it establish a permanent park, recreation area or wildlife or waterfowl refuge Facility that would become subject to Section 4 (f) of the Federal-Aid Highway Act of l968, nor does this permit establish a Bikeway or Pedestrian way which would require replacement pursuant to Minnesota Statutes Section 160.264. No rights to relocation benefits are established by this permit. This permit is non-exclusive and is granted subject to the rights of others, including, but not limited to public utilities which may occupy the Area. 5. APPLICABLE LAWS. This permit does not release the Permittee from any liability or obligation imposed by federal law, Minnesota Statutes, local ordinances, or other agency regulations relating thereto and any necessary permits relating thereto shall be applied for and obtained by the Permittee. 6. CIVIL RIGHTS. The Permittee, for itself, its successors, and assigns, agrees to abide by the provisions of Title VI Appendix C of the Civil Rights Act of l964, which provides in part that no person in the United States, shall on the grounds of race, color, or national origin, be excluded from, or denied use of any Facility. 7. SAFETY. MnDOT shall retain the right to limit and/or restrict any activity, including the parking of vehicles and assemblage of Facility users, on the highway right of way over which this permit is granted, so as to maintain the safety of both the motoring public and Facility users. 8. ASSIGNMENT. No assignment of this permit is allowed. 9. IN WRITING. Except for those which are set forth in this permit, no representations, warranties, or agreements have been made by MnDOT or Permittee to one another with respect to this permit. 10. ENVIRONMENTAL. The Permittee shall not dispose of any materials regulated by any governmental or regulatory agency onto the ground, or into any body of water, or into any container on the State’s right of way. In the event of spillage of regulated materials, the Permittee shall provide for cleanup of the spilled material and of materials contaminated by the spillage in accordance with all applicable federal, state and local laws and regulations, at the sole expense of the Permittee. 11. MECHANIC’S LIENS. The Permittee (for itself, its contractors, subcontractors, its materialmen, and all other persons acting for, through or under it or any of them), covenants that no laborers', mechanics', or materialmens' liens or other liens or claims of any kind whatsoever shall be filed or maintained by it or by any subcontractor, materialmen or other person or persons acting for, through or under it or any of them against the work and/or against said lands, for or on account page 170 DRAFT SAMPLE LUP – Standardized LUP Form Page 4 of 5 LU1001 8/15/2012 of any work done or materials furnished by it or any of them under any agreement or any amendment or supplement thereto. 12 NOTICES. All notices which may be given, by either party to the other, will be deemed to have been fully given when served personally on MnDOT or Permittee or when made in writing addressed as follows: to Permittee at: Public Works Director/City Engineer City Hall 1101 Victoria Curve Mendota Heights, MN 55118 and to MnDOT at: State of Minnesota Department of Transportation Metro District Right of Way 1500 W. County Road B2 Roseville, MN 55113 The address to which notices are mailed may be changed by written notice given by either party to the other. 13 INDEMNITY. Permittee shall defend, indemnify, hold harmless and release the State of Minnesota, its Commissioner of Transportation and employees and its successors and assigns, from and against: (a) all claims, demands, and causes of action for injury to or death of persons or loss of or damage to property (including Permittee's property) occurring on the Facility or connected with Permittee's use and occupancy of the Area, regardless of whether such injury, death, loss or damage is caused in part by the negligence of State of Minnesota or is deemed to be the responsibility of State of Minnesota because of its failure to supervise, inspect or control the operations of Permittee or otherwise discover or prevent actions or operations of Permittee giving rise to liability to any person. (b) claims arising or resulting from the temporary or permanent termination of Facility user rights on any portion of highway right of way over which this permit is granted; (c) claims resulting from temporary or permanent changes in drainage patterns resulting in flood damages; (d) any laborers', mechanics', or materialmens' liens or other liens or claims of any kind whatsoever filed or maintained for or on account of any work done or materials furnished; and (e) any damages, testing costs and clean-up costs arising from spillage of regulated materials attributable to the construction, maintenance or operation of the Facility. page 171 DRAFT SAMPLE LUP – Standardized LUP Form Page 5 of 5 LU1001 8/15/2012 MINNESOTA DEPARTMENT OF TRANSPORTATION RECOMMENDED FOR APPROVAL CITY OF MENDOTA HEIGHTS By________________________________ Its City Administrator__________________ And________________________________ Its Public Works Director/City Engineer____ By:_______________________________ District Engineer Date______________________________ APPROVED BY: COMMISSIONER OF TRANSPORTATION By:_______________________________ Director, Office of Land Management Date______________________________ The Commissioner of Transportation by the execution of this permit certifies that this permit is necessary in the public interest and that the use intended is for public purposes. page 172 HWY 110 DOD D R D RIDGE PL HWY 110 Figure A: Limited Use Permit August 9, 2012 City ofMendotaHeights0150 SCALE IN FEET Legend Limited Use Permit Area page 173 100 105 page 174 08 07 12 Deer Population Management Plan DATE: August 21, 2012 TO: Mayor and Council FROM: Mike Aschenbrener, Police Chief SUBJECT: Deer Population Management Plan BACKGROUND The City of Mendota Heights adopted its first deer management plan in 1995 with assistance from the Minnesota Department of Natural Resources (DNR) and began working with the Metro Bow Hunters Resource Base (MBHRB) at that time to provide the hunters. Since that time the hunt has changed along with the density of the populations in the City of Mendota Heights. In 2008, the council adopted a resolution to continue with the same deer management plan under the same rules as we had used since the 2004 hunt. The MBHRB has received high marks from the property owners on whose land they have hunted. See attached copy of code governing hunting and discharge of bow and arrow and/guns. The City Code 5-1-1 prohibits discharges of firearms or bow and arrow with four exemptions, one of which is for deer population control hunts under city direction. Code 5-4-1 prohibits all other hunting in the city with exemptions for government employees and persons who meet an exemption in 5-4-1 B. We regularly receive requests to hunt private property within the City of Mendota Heights. Generally the call is from a hunter who knows or has permission from a land owner to hunt property in the city. In the past ten years, the city has not granted a hunting exemption to a private party and has only issued a single archery permit. It has been approximately 15 years since the city maintained a public archery practice area. A group of residents requested the city consider deer population control in their neighborhoods. At the goal setting workshop, an outline was discussed for potential options to expand the current status of the deer population management plan. Since the City Council goal setting workshop several things have occurred: • A review of the rules for hunting in neighboring communities has been completed. page 175 08 07 12 Deer Population Management Plan • There have been several meetings with the MBHRB to discuss and review the options they offer the city. • A staff discussion has occurred around what public properties (parks, open space, or outlots) could be included in an expanded management hunt. • Initial contacts have been put out to additional large private and public property owners in the city to determine if there is interest for participation in the deer population management hunts. At this time no smaller parcel property owners have been approached for inclusion in a hunt. Once a plan is in place, additional discussions could take place with individual property owners to discuss hunting on private property at the owner’s request. The current hunt land owners have also requested the hunters shoot coyotes while hunting deer. A review of Minnesota State Statutes shows this would be legal. During MBHRB meetings it was learned that the coyotes have become so accustomed to humans that they were unafraid of them while hunting. Each hunter stated they saw multiple coyotes during the deer hunts. They will not do exclusive coyote hunting. They will shoot and properly dispose of nuisance coyotes if the city authorizes them to do so. This would only be incidental to the deer population management hunts. The MBHRB advised that they would prefer a contract with the City should we continue to work with them to manage the deer herd. They provided a copy of the contract they use with other cities. They work with numerous other cities and counties to keep the deer population under control in the metro. In the past few years they have stopped working with communities and one county when the elected officials chose to open the hunt areas to public hunting. It would be my recommendation that city contract with the MBHRB to hunt on public and private lands in the city. I would further recommend that the city continues to only approve the MBHRB hunts, sign a contract with the MBHRB, authorize them to shoot coyotes as part of the hunt, and allow private property owners to request deer hunting on their property by the MBHRB (subject to city approval). I also request that city staff develop a policy governing the deer population management process and reports the results of the hunt annually to the Council. See attached contract proposal, resolution and map of potential public properties to be hunted. BUDGET IMPACT The police department spends approximately 20 hours of staff time annually maintaining this project and by extending the permissions out to 5 years we would reduce city resources spent on this project. RECOMMENDATION Adopt the attached resolution and authorize staff to sign a contract with the MBRB. page 176 - 1 - City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 12- A RESOLUTION AUTHORIZING DEER POPULATION CONTROL BOW HUNT ON PRIVATE PROPERTY AND PUBLIC PROPERTY WHEREAS, the City of Mendota Heights has received requests from various affected property owners to reduce the number of deer within the City of Mendota Heights; and WHEREAS, these property owners have expressed concerns regarding this growing deer population and its associated negative impacts including excessive deer browsing and damage to vegetation and traffic safety concerns due to accidental deer-vehicle collisions; and WHEREAS, the City has conducted numerous similar hunts in previous years which were deemed successful; and WHEREAS, the City desires to maintain a reasonable deer population with the City boundaries; and WHEREAS, such a balance can only be achieved through regular on going deer population control efforts. NOW THEREFORE, BE IT RESOVLED that the City Council authorizes a limited deer hunt within Mendota Heights during the authorized Minnesota Bow Hunting Season as set by the Minnesota Department of Natural Resources, subject to the following conditions: 1) The Metro Bow Hunters Resource Base (MBHRB) receives written reauthorization from each private property owner wishing to participate in the program once every five years. 2) MBHRB notifies the City in writing of the property they are authorized to hunt on before they begin hunting. 3) The hunt is conducted by the Metro Bow Hunters Resource Base (MBRB) who will certify and select qualified bow hunters to participate in the hunt. 4) All deer shall be taken by bow and arrow in a safe and humane manner. 5) The number of deer taken shall not exceed that recommended by the Minnesota Department of Natural Resources. MBRB will notify the City of Mendota Heights of the number of deer taken during the previous season. 6) Deer of any age or sex maybe taken, however, bow hunters shall not pass up shots at antler less deer. 7) Hunters are authorized to shoot nuisance coyotes. 8) All hunters must be appropriately licensed and hold valid tags as issued by the Minnesota Department of Natural Resources. Adopted by the City Council of the City of Mendota Heights this 21st day of August 2012. CITY COUNCIL CITY OF MENDOTA HEIGHTS By_________________________________ Sandra Krebsbach, Mayor ATTEST: By____________________________ Lorri Smith, City Clerk page 177 CONTRACT FOR GOODS/SERVICES City of Mendota Heights (City), a political subdivision of the State of Minnesota, is in need of services and/or goods (hereinafter "services") and Metro Bowhunters Resource Base, Inc., PO Box 161 Circle Pines, MN 55014 (Contractor) desires to provide such services. NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein the parties enter into this Contract and agree as follows: 1. TERM. The term of this Contract is from the date of execution by all parties through December 31, 2017, or until all work under this Contract is completed and payments made, which ever occurs first, unless earlier terminated by law or according to the provisions of this Contract. 2. SCOPE OF SERVICES. The City requests and the Contractor agrees to provide the services that are attached and incorporated as Exhibit A. If there is a conflict between this Contract and Exhibit A, this Contract shall govern. Services provided under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the Contractor's occupation performing services under similar conditions. 3. PAYMENT. The City agrees to pay for the services, including expenses in an amount not to exceed $50.00, (check if applicable) and in accordance with payment rates or schedule set forth in the Exhibit(s). The City will reimburse MBRB for the cost to list the City as an additional insured party on its insurance policy for these services. 4. CITY LIAISON. Contractor shall work closely with the City's liaison, Glen Blair, 763-291-7380. 5. GENERAL CONDITIONS. The General Conditions of this Contract are attached and incorporated as Exhibit B. 6. ENTIRE AGREEMENT. This Contract is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon. IN WITNESS WHEREOF, the parties hereto have executed this Contract on the date(s) indicated below. FOR CITY OF MENDOTA HEIGHTS By: Justin Miller City Administrator Date of signature: FOR THE CONTRACTOR (I represent and warrant that I am authorized by law to execute this contract and legally bind the Contractor). By: Print Name: Title: Telephone No. Date of signature: page 178 Scope of Services for 2012 Mendota Heights Deer Management Project August 7, 2012 Provide hunt management services – Metro Bowhunters Resource Base (MBRB) MBRB Activities • Provide a crew of MBRB qualified archers with sharpshooter status. • Provide certificate of liability insurance with the City listed as an additional insured before start of hunt. • Send mailing list of MBRB hunt participants to City before start of hunt. • Hunt Orientation Check-in and Meeting presentation before start of hunt. o Provide agreed upon hunter identification to hunters o Provide agreed upon hunter vehicle markings for each vehicle to be used in hunt. o Post main entrances to public lands hunted at beginning of season advising of hunt dates. • Mendota Heights Hunt Dates will be one weekend per month and at least one weekend will be set aside as a make up in the event of inclement weather or low hunt numbers. • Gather hunt data from each participant each day. • Provide City a verbal report on hunt progress and issues monthly. • Administer hunt in accordance with hunt rules and other procedures necessary for a safe and orderly hunt event. • Assist in tracking and recovery of deer that are reported hit by participants. • Provide liaison with the City and Police Department so that there is one point of contact for all hunting activities. • Report rule infractions and other pertinent incidents to City. • Take nuisance coyotes during hunt and dispose of properly. • Send final summary report of hunt data to City staff one month after completion of hunt. page 179 5 3 2 4 1 I494 HWY 5 5 DO D D R D HWY 110 I3 5 E DE L A W A R E A V E SIB L E Y M E M O R I A L H W Y HWY 13 MARIE AVE W LONE OAK RD MENDOTA HEIGHTS RD LE X I N G T O N A V E LILY D A L E R D D S T ONEILL RD HUBER DR I94 PI L O T K N O B R D CH E R O K E E A V E SER V I C E R D LAKE DR WENTWORTH AVE NORTHLAND DR EAG A N D A L E B L V D WAGON WHEEL TRL 1ST AVE LE M A Y L A K E R D WA L S H L N TRAPP RD NO R T H W E S T P K W Y 4TH S T HIGHVIEW AVE BLUE GENTIA N R D DI A N E R D 3RD AVE LO N E O A K D R DE C O R A H L N CH I P P E W A A V E AP A C H E S T HWY 4 9 4 R A M P JA M E S R D HU N T E R L N LIL A C L N BU R N S I D E A V E SKYLINE RD TI M M Y S T CHERI LN E G A N A V E 2ND AVE CENTRE POINTE CUR PA G E L R D SO U T H L N E S T G S T DODD RD RAMP BLUEBILL DR TR A I L R D HILLT O P R D W A T E R S D R EMERSON AVE W AVALON AVE AZT E C L N WA R R I O R D R DOUGLAS RD F S T TH E R E S A S T CHEYEN N E L N VICTORIA CUR DO R S E T R D WESLEY LN WI L L I A M C T CO M M E R S D R SU M M I T L N VIL A S L N EN T E R P R I S E D R OVERLOOK RD CALLAHAN PL KN O B R D MEA R S A V E STAPLES AVE CORPORATE CENTER DR BACHELOR AVE ORCHARD PL KEOKUK LN C S T L O N E O A K P K W Y IV Y H I L L D R 3RD ST PUEB L O L N SKYLINE DR FIEL D S T O N E D R MCKEE ST MENDOTA RD RAMP 2ND ST FO X P L BE A M L N 1S T S T A C A C I A D R CONCORD WAY LIND E N S T PON D V I E 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N HI G H R I D G E T E R PRIVATE RD C O M M E R C E D R BETTY LN VAIL DR AS H L E Y L N WA C H T L E R A V E V A L L E Y C U R V E R D FA R O L N PA R K L N I N L A N D R D RAINIER LN LA U R A S T ARCAD I A D R JUNCTION LN LO N E O A K L N NA V A J O L N JOHN ST CE N T E R C T LO N D O N R D STON E B R I D G E R D KENDON LN WI T B Y D R AP A C H E C T VIC K I L N UPPER COLONIAL DR DODD RD LOOP EA G A N W O O D S D R HIGHVIEW CIR S FA I R L A W N P L PONDHAVEN LN PARK PLACE DR C L E M E N T S T PO N D C I R E HWY 1 1 0 L O O P PON D C I R W A R B O R C T HAVENVIEW CT LEMAY L A K E D R I 3 5 E L O O P EX E C U T I V E D R BRIDGEVIEW AVE LAKEVIEW AVE CY G N E T L N PARK CIR NA T U R E W A Y SIBLEY CT MARIE AVE I494 RAMP ORCHARD CIR CORPORATE CENTER CURV MARY ADELE AVE VI S I T A T I O N D R FURLONG AVE HI W A S S E E T E R DARLA CT ELLEN ST AS P E N W A Y TRAP P P T BE D F O R D C T PAM E L A L N BLUFF CIR VICTORY AVE S AR V I N D R ADELIN E C T VICTORIA CT G R Y C C T PO P P L E R L N HE A T H E R C T DOUG L A S C T RAE CT PRIV A T E R D I494 C L E M E N T S T HWY 494 RAMP HWY 5 5 I494 HWY 110 WA C H T L E R A V E HWY 13 LE X I N G T O N A V E PRIV A T E R O A D I3 5 E I494 1S T S T PR I V A T E R O A D HI G H R I D G E T E R ONEILL R D LONE O A K D R 2ND ST EAGAN INDUSTRIAL RD HWY 110 Potential Deer Hunting Areas August 2, 2012 City ofMendotaHeights02,000 SCALE IN FEET Legend City Boundary Private Area: Working With Landowners (Not All Allowing Hunting) City Owned Properties 1-5 City Properties With 5+ Acres page 180