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2016-08-02 Council Packet CITYOF MENDOTAHEIGHTS CITYCOUNCILAGENDA August2,2016–8:00pm MendotaHeightsCityHall 1.Call to Order 2.RollCall 3.PledgeofAllegiance 4.AdoptAgenda 5.ConsentAgenda a.Approve July19,2016CityCouncilMinutes b.Approve July 18, 2016 Council WorkshopTour Minutes c.Acknowledge June 28, 2016 Planning Commission Minutes d.Approve Contract Revision with C. Darlene Oehlke for Meeting Minutes e.Designate Mendota Heights City Hall as Absentee Voting Location for General Election f.Ordinance 504,Adjusting No Parking Area on East Side or Warrior Drive g.Resolution 2016-63 Accept Work, Make Final Payment forthe Crown Point and Overlook NeighborhoodRehabilitation h.Approve Purchase Order to Collect Citywide Sign Inventory Data i.Acceptance of Resignation of Director of Public Works/City Engineer 1.Approve Letter Agreement with Craig L. Ebeling, Consultant j.Acceptance of Resignation of IT Manager k.Authorization to Allow for Job Share of Receptionist Position, and advertisement of part- time position l.Authorization to Seek Bids for Mendakota Park Basketball Court Rehabilitation m.Acknowledge June 2016 Fire Synopsis n.ApproveClaimsList o.Approve Out of State Travel for Fire Department p.Approval of Hiring Background Investigation Employee -Terri Berg 6.Public Comments 7.Presentations -none 8.Public Hearing -none 9. New and Unfinished Business a. Resolution 2016-62 Conditional Use Permit at 1295 Kendon Lane, Planning Case 2016-24 b. Ordinance 502 Rezoning from B-1 Limited Business to I -Industrial at 2500 Lexington Avenue South, Planning Case 2016-28 c. Ordinance 503 Concerning Warehouse Uses in the I -Industrial District, Planning Case 2016-29 d. Mendota Plaza Second Addition, Conditional Use Permit for Planned Unit Development Amendment, Preliminary/Final Plat, and Wetlands Permit, Planning Case 2016-16 e. Ordinance 499 Concerning Temporary Family Health Care Dwelling Units, Planning Case 2016-25 f. Ordinance 501 Concerning Hotel Definition and First Floor Elevation Standards, Planning Case 2016-26 10. Community Announcements 11. Council Comments 12. Adjourn page 3 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, July 19, 2016 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Krebsbach called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Duggan, Povolny, Petschel. Councilmember Norton joined the meeting at 7:04 p.m. PLEDGE OF ALLEGIANCE Mayor Krebsbach noted that the Pledge of Allegiance was written in 1892 as a way to symbolize and create unity in the nation. The Council, audience, and staff recited the Pledge of Allegiance. MOMENT OF SILENCE In memory of Officer Scott Patrick (EOW July 30, 2014) Mayor Krebsbach stated that two years ago, on July 30th, the City of Mendota Heights was forever changed when one of our Police Officers, Scott Patrick, was shot and killed while performing a traffic stop on Dodd Road. The Scott Patrick Memorial Committee, including his family, has chosen to remember Scott Patrick each year with a moment of silence at the City Council Meeting which is closest to, and in advance of, the anniversary of that fateful July 30tH A moment of silence was held in honor of slain Police Officer Scott Patrick. Mayor Krebsbach informed the public that the wreath and the portrait of Scott Patrick, painted by Michael Bellotti, would be in the Council Chambers for 24 hours if anyone wanted to stop by for a moment of silence. AGENDA ADOPTION Mayor Krebsbach presented the agenda for adoption. Councilmember Duggan moved adoption of the agenda. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 page 4 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 item f) Approval of Claims List. a. Approval of July 6, 2016 City Council Minutes b. Approval of July 6, 2016 Council Workshop Minutes c. Approval of Temporary Liquor License for Holy Family Maronite Church for Sept 11, 2016 d. Approve Resolution 2016-61 Amending Resolution 2016-56 Accepting Work and Approving Final Payment for Job #200514, Sibley Memorial Trail e. Approve Resolution 2016-60 Accept Work and Approve Final Payment for Job #201505, 2015 Sewer Rehab Project f. Approval of Claims List Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEMS F) APPROVAL OF CLAIMS LIST Councilmember Duggan asked if the Towmaster dump truck accessories of $87,901 was within budget. Staff replied that the amount was as approved earlier this year. Councilmember Duggan moved to approve the Claims List. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 There were no public comments. None scheduled. None scheduled. PUBLIC COMMENTS PRESENTATIONS PUBLIC HEARING page 5 NEW AND UNFINISHED BUSINESS A) ACTIONS RELATED TO MINNESOTA DEPARTMENT OF ENERGY AND ECONOMIC DEVELOPMENT MINNESOTA INVESTMENT FUND GRANT AND LOAN FOR PRIME THERAPEUTICS, LLC City Administrator Mark McNeill explained that Prime Therapeutics, LLC is a company that deals with online pharmaceutical orders and is owned by several not-for-profit Blue Cross and Blue Shield plans, subsidiaries or affiliates. It has more than 2,400 employees in Minnesota and is located across I-494 in Eagan. The company has outgrown their Eagan location. In June 2015, the Council authorized the City to apply for economic assistance from the State of Minnesota Department of Energy and Economic Development to help Prime Therapeutics move into a new location located at 1440-1444 Northland Drive. The property is approximately 97,000 square feet and has been vacant for nearly five years. Prime Therapeutics has made more than $9 million in improvements, with site and building improvements in excess of $4.5 million, which will positively impact taxable property values. In exchange for agreeing to create 125 new jobs over the next two years, the State of Minnesota is authorizing two economic incentives; 1) $500,000 forgivable loan; and 2) a $750,000 grant. Both of these would be through the Minnesota Investment Fund. The jobs to be created will pay a minimum of $16/hour and another $4/hour of added benefits. The State does not give incentive monies directly to the beneficiary. It goes to the City as the conduit. The City will need to process an annual report and make sure that everything in the agreement is being provided. The City Council needs to approve the Security Agreement and two additional documents: 1) contract for the grant and 2) forgivable loan. These have all been reviewed by the City Attorney's office. Mayor Krebsbach noted that the Council reviewed this thoroughly last June, when the agreement was approved, but asked if there was anything additional the Council should be aware of. Administrator McNeill replied that there were no additional details to be reviewed. Councilmember Petschel moved to approve Minnesota Investment Grant Fund Contract CDAP-15- 0015-H-FY16, with the State of Minnesota Department of Employment and Economic Development Business and Community Development Division. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 Councilmember Duggan moved to approve Loan Agreement for the Minnesota Investment Fund, with the Minnesota Department of Employment and Economic Development. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 Councilmember Petschel moved to approve the Security Agreement with Prime Therapeutics LLC. Councilmember Norton seconded the motion Ayes: 5 Nays: 0 page 6 Councilmember Petschel asked Ms. Liz Frank from Prime Therapeutics if they are a provider, for United Health. Ms. Frank replied that Prime is owned by fourteen Blue Cross and Blue Shield plans, subsidiaries or affiliates of those plans; however, they do serve some small businesses. B) ORDINANCE 498 AMENDING TITLE 12, CHAPTER 1 OF THE CITY CODE CONCERNING B-1 LIMITED BUSINESS DISTRICT CONDITIONAL USES Mayor Krebsbach noted that the goal here is to see how the City can meet the needs of the property owner and also not have a negative impact city-wide. Planner Nolan Wall explained that in Planning Case 2016-23, the applicant was requesting amendments to Title 12 -1F -1-B of the City Code concerning conditional uses in the B-1 Limited Business District. This item was tabled at the July 6, 2016 City Council meeting. Staff was directed to include additional conditions for the office/warehouse use component of the proposed amendment. Planner Wall then explained the location and amenities of the property in question. The applicant's original use of the building was as a gymnastics facility which was later converted to an office/warehouse use, neither of which are currently permitted in the B-1 district. Staff provided additional conditions for consideration of an office/warehouse use within the current B-1 district. These proposed conditions were added in order to address the potential impact that this use might have on the surrounding properties as well as the additional B-1 zoned properties in the city. Another solution that was discussed was potentially rezoning this property to Industrial. However, that is not part of this current request that is before the Council. Planner Wall shared a zoning map and stated that the property is zoned B-1 and is located just to the south of an R-3 zoned district; it is also located adjacent to other Industrial zoned areas but also office and residential uses. If the property were to be rezoned to Industrial, staff does propose that a code amendment be pursued, which would allow for warehousing and distribution adjacent to residential uses. Specific to this property, because it is located adjacent to residential uses, staff feels that it would be necessary to have some additional code amendments that seek to limit any potential issues that might arise from a warehouse use being adjacent to a residential use. Those potential impacts could be noise, traffic, loading and unloading, hours of operation, and lighting. In addition it was noted that the Industrial district does already allow for business and professional uses as a permitted use, as well as commercial recreation as a conditional use. Staff recommended that the applicant withdraw the current application requiring a Code change to allow new uses in the B-1 zoning district, and a new ordinance be considered to rezone the subject parcel to I - Industrial and amend the City Code to establish additional conditions for a warehouse use adjacent to a residential use in the I -Industrial District. This would allow for both potential uses being proposed in this case and does not subject other B-1 properties to unintended consequences. However, rezoning and the recommended code amendment do constitute new requests that must be properly noticed and reviewed by the Planning Commission. Since the Council did imply at the last meeting that this would be an option worth further consideration, staff did go ahead and submit the required public hearing page 7 notice so that the cases could be heard at the July 26, 2016 Planning Commission meeting. In addition, if the property were to be rezoned, the future land use map that is in the Comprehensive Plan would need to be amended. That would be a separate action before the Planning Commission and City Council and would be included as a potential condition of approval. Mayor Krebsbach asked if the Council went with the rezoning would they have to deny the Ordinance request. Planner Wall replied that if the applicant were agreeable to rezoning the property, a simple letter from him indicating that he is withdrawing the application would be required. No further action would be required by the City. Councilmember Duggan asked how likely is it that the Metropolitan Council would accept a rezoning of the property. Planner Wall replied that he spoke with a representative from the Metropolitan Council and it was noted that this would not require an additional agency review or adjacent jurisdiction review. Therefore, the timeline to review would be significantly less. Mayor Krebsbach expressed her desire to rezone the property as it makes it possible for the landowner to have the use he may already in some ways have without impacting the rest of the City. Councilmember Duggan asked if this is considered spot zoning. Planner Wall replied that the property is located near an Industrial zoned property; near enough to not cause any spot zoning issues. Councilmember Povolny expressed his desire to rezone the property. Councilmember Petschel agreed, and noted that the location of this property is very conducive to protecting the neighbors from truck traffic. Property owner, Mr. Sean Carey of 665 Arcadia Drive, came forward and stated that the rezoning sounds very positive for what he intends to do with the property. Councilmember Norton moved to table Ordinance 498 Amending Title 12, Chapter 1 of the City Code Concerning B-1 Limited Business District Conditional Uses and directed staff to bring forward the necessary Code amendment to rezone the property, once the appropriate letter has been received from the applicant indicating their intent to withdraw the current application. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 C) APPROVE JOB DESCRIPTION AND AUTHORIZE ADVERTISEMENT FOR POLICE COMMUNITY SERVICE OFFICER/STUDENT INTERN Chief of Police Michael Aschenbrener explained that the hiring of a Police Community Service Officer/Student Intern was part of the process that was started after the strategic planning review of the Police Department. Staff was seeking authorization to begin the process, with the goal of this new person starting around October 1, 2016. Recruiting efforts would target the first two to three weeks of the new school year. The position would be advertised through schools' student offices and job placement centers. page 8 Mayor Krebsbach noted that there was an extensive article in the Star Tribune about the training of Minnesota Officers, written by a professor from Hamline. One of his concerns was that officers do not go through a Police Academy. However, she thinks this would be a very good position in terms of giving future officers direct experience. One of the most challenging duties for this position would be enforcing city ordinance violations related to property management and outside storage. There might be other types of work as well; i.e. signage violations. Councilmember Duggan moved to approve the position description and authorize staff to take the steps necessary to hire a Community Service Officer/Student Intern. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 D) PARK SHELTER RE -ROOFING DISCUSSION City Administrator Mark McNeill explained that one of the items in the Capital Improvement Plan (CIP) for this year is to re -roof the eleven park shelters scattered throughout the City. The cedar shake roofs are original and have not been replaced since they were constructed more than 25 years ago. Staff went out to obtain bids to replace the cedar shake roofs with like materials and received one bid. This was discussed with the Parks and Recreation Commission last week and they asked if the roofs could be replaced with asphalt shingles instead of cedar. Staff investigated and found that it is hard to get a warranty for cedar; however, it is a natural product and the life expectancy is approximately 25 years. A warranty on asphalt is 10 years and then a pro -rated warranty for the remainder of the 50 years of expected life. One of the major selling points for cedar is the appearance. City Hall had cedar shingles until it was reroofed with asphalt in 2006. Another factor is cost. The one bid received for cedar was approximately $50,000 and, depending on the grade chosen, asphalt would be approximately one-half or $25,000. Councilmember Povolny stated that he would be in favor of a better quality asphalt shingle. Councilmember Petschel agreed, as did Councilmember Norton. Mayor Krebsbach noted that previous Councilmember Jack Vitelli invested time researching in the decision of City Hall going with the asphalt shingles. Staff was directed to obtain bids on the straight versus sculptured asphalt shingles and high quality versus medium quality. COMMUNITY ANNOUNCEMENTS City Administrator Mark McNeill made the following announcements: • Highway 13 is closed east of Wachtler and will remain closed until Labor Day to facilitate slope repairs page 9 • August 2nd is National Night to Unite • The State Primary is August 9 and General Election is November 8 • Concerts at the Village continue. Scheduled for July 20 is "Pat Donahue and Prairie All -Stars" • A Native Plant Tour is scheduled for July 27, 6:30 pm, at the planting area on the Victoria Road bike path. It will be hosted by a Master Gardener from Dakota County Master Gardeners. COUNCIL COMMENTS Councilmember Duggan expressed his appreciation to staff for arranging the tour of The Chase at Nine Mile Creek apartments in Hopkins He also commented that he had the pleasure of going to see South Pacific at the Guthrie and highly recommended it. Councilmember Povolny stated that his fishing trip was fun, but very slow and windy. Councilmember Petschel reminded everyone that most drownings in Minnesota occur during the month of July. It is a time to be vigilant. The Chief shared with her that, in most cases, drownings are silent. Councilmember Petschel mentioned that she has received phone calls from residents who want to install solar panels and are finding Mendota Heights' requirements to be challenging because of the short building season. She recommended this process be reviewed to make it more practical if all of the conditions are met. Mayor Krebsbach requested that Planner Nolan Wall have something before the Council in August so it could be publically discussed. Mayor Krebsbach noted that she was at the funeral of Senator James Metzen, who served this district longer than he was married. Eulogies were given by his brother David Metzen, a Mendota Heights resident, and Tom Pugh — who he served with early in the legislature. She also mentioned that she is interested in hearing from residents who wish to start a Mendota Heights Community Foundation. This would be a way for residents to support the parks or support other purposes for Mendota Heights. As requested by Councilmember Duggan, City Administrator Mark McNeill stated that the flag over City Hall would be flown at half-staff on Saturday, July 30. He has not heard anything about other types of memorial or commemorative activities in honor of Police Officer Scott Patrick. ADJOURN Councilmember Duggan moved to adjourn. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 page 10 Mayor Krebsbach adjourned the meeting at 7:52 p.m. Sandra Krebsbach Mayor ATTEST: Lorri Smith City Clerk page 11 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Council Workshop Monday, July 18, 2016 Pursuant to due call and notice thereof, a workshop of the Mendota Heights City Council was held for the purpose of conducting a tour of a residential apartment building, located at 5709 Rowland Road, Hopkins, MN. CALL TO ORDER Mayor Krebsbach convened the tour at 11:30 AM. The following members were present: Councilmembers Duggan and Norton. Absent: Councilmembers Povolny and Petschel. Staff Present: City Administrator Mark McNeill, Planner Nolan Wall Also present: John Kohler, Mike Sturdivant, Leanna Stefaniak, and Mike Cashill, representing At Homes Residential development, and Paster Properties. TOUR Those present were taken on a tour of a residential apartment building, which will be similar to a development which is proposed to be located at Mendota Plaza in Mendota Heights. No action was taken. ADJOURN The tour and meeting adjourned at 12:30 p.m. Sandra Krebsbach ATTEST: Mayor Lorri Smith, City Clerk page 12 1 CITY OF MENDOTA HEIGHTS 2 DAKOTA COUNTY, MINNESOTA 3 4 PLANNING COMMIS SON MINUTES 5 July 26, 2016 6 7 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, July 26, 8 2016 in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. 9 10 The following Commissioners were present: Chair Litton Field, Jr., Commissioners Howard 11 Roston, Doug Hennes, Mary Magnuson, and Brian Petschel. Those absent: Michael Noonan and 12 Christine Costello. Others present were City Planner Nolan Wall and Public Works Director/City 13 Engineer John Mazzitello. 14 15 Approval of Agenda 16 17 The agenda was approved as submitted. 18 19 Approval of June 28, 2016 Minutes 20 21 22 23 24 AYES: 5 25 NAYS:0 26 ABSENT:2 27 28 Hearings 29 30 A) PLANNING CASE #2016-24 31 All Energy Solar, 1295 Kendon Lane 32 Conditional Use Permit 33 34 City Planner Nolan Wall explained that the applicant was seeking a Conditional Use Permit to 35 construct a roof -mounted solar energy system at 1295 Kendon Lane. Planner Wall shared an image 36 outlining the location of the subject property in relation to surrounding properties and streets. The 37 property is zoned R-1 single-family residential and surrounding entirely by other like -zoned 38 properties. The subject parcel is approximately 1.29 acres, contains a single family dwelling with 39 an attached garaged; and is guided low-density residential in the Comprehensive Plan. City Code 40 does permit solar energy systems as a conditional use in all districts subject to various conditions. 41 42 The Commission has seen a few of these types of applications and is aware of the requirements. 43 Therefore, Planner Wall briefly shared how this application met those applicable code standards. 44 45 Staff recommended approval of this request. COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER PETSCHEL TO APPROVE THE MINUTES OF JUNE 28, 2016, AS PRESENTED. L page 13 46 The applicant, a representative of Mr. David Hiner through All Energy Solar (located at 1642 47 Carroll Avenue, St. Paul), was available to answer questions from the Commission. Mr. Hiner, the 48 property owner, was also available. 49 50 Chair Field opened the public hearing. 51 52 Seeing no one coming forward wishing to speak, Chair Field asked for a motion to close the public 53 hearing. 54 55 COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER ROSTON, TO 56 CLOSE THE PUBLIC HEARING. 57 58 AYES: 5 59 NAYS:0 60 ABSENT:2 61 62 COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER HENNES, TO 63 RECOMMEND APPROVAL OF PLANNING CASE 2016-24, CONDITIONAL USE PERMIT 64 BASED ON THE FINDINGS OF FACT THAT THE PROPOSED PROJECT IS COMPLIANT 65 WITH THE APPLICABLE CITY CODE REQUIREMENTS, WITH THE FOLLOWING 66 CONDITIONS: 67 1. The applicant obtains a building permit prior to installation of the proposed solar energy 68 system. 69 2. If the proposed solar energy system remains nonfunctional or inoperable for a continuous 70 period of twelve (12) months, it shall be deemed to be abandoned and shall be deemed a 71 public nuisance. 72 3. If abandoned, the property owners shall remove the abandoned system, including the entire 73 structure and transmission equipment, at their expense after obtaining a demolition permit. 74 75 AYES: 5 76 NAYS: 0 77 ABSENT:2 78 79 Chair Field advised the City Council would consider this application at its August 2, 2016 meeting. 80 81 B & C) PLANNING CASE #2016-28 and 2016-29 82 2500 Lexington Avenue South 83 Ordinance 502 -Rezoning Request from B-1 Limited Business to I -Industrial 84 Ordinance 503 -Proposed Code Amendment — Warehouse Uses in the Industrial District 85 86 For sake of clarity, Chair Field noted that Planning Case 2016-28 and 2016-29 would be presented 87 together but that there would be two separate public hearings. 88 89 Planner Nolan Wall explained that in these cases the City of Mendota Heights was considering 90 rezoning the property at 2500 Lexington Avenue South from B-1 Limited Business to I -Industrial page 14 91 as well as proposing corresponding amendments to Title 12 -1 -GI and Title 12-1-G2 of the City 92 Code concerning warehouse uses in the Industrial District. 93 94 As part of Planning Case 2016-23 that was before the Commission last month, the owner of the 95 subject property containing the vacant office warehouse building did apply for a code amendment 96 to add commercial recreation and warehouses uses to the B-1 Limited Business District. The City 97 Council then determined, after discussion, that rezoning to the Industrial District and developing 98 additional conditions for warehouse uses adjacent to residential uses was better suited to address 99 the property owner's request. As a result, the original application was withdrawn and at the 100 direction of the City Council, staff is then proposing two ordinance for continued discussion. 101 102 Rezoning 103 104 The subject property is located across from other Industrial uses, but is adjacent to office and 105 residential uses as well. The Industrial District does offer a wider variety of use options than the 106 B-1 Limited Business district that staff felt better fit the building's existing build -out, which would 107 include business and professional office and warehouse and distribution as a permitted use, as well 108 as commercial recreation as a conditional use. The subject parcel is guided as Business in the 109 Comprehensive Plan and would actually require and additional process to amend the 110 Comprehensive Plan if the rezoning request is approved. Therefore, a condition is included in the 111 draft Ordinance 502 and would be brought back for Planning Commission review and ultimate 112 City Council approval before being submitted to Metropolitan Council. 113 114 Commissioners had no questions regarding the rezoning portion of this application. 115 116 Code Amendment 117 118 Planner Wall continued by explaining that as discussed with the Planning Commission and 119 subsequently with the City Council, the subject property's location directly adjacent to a residential 120 use does warrant potential additional review and corresponding conditions to mitigate any 121 potential negative impacts for certain future uses of the property. If this property were to be 122 rezoned to Industrial, staff proposes that this corresponding code amendment be passed as well. 123 124 Section 1, currently Warehousing and Distribution, is allowed as a permitted use in the Industrial 125 District. What staff would add to this section is Warehousing and Distribution not adjacent to a 126 residential use. 127 128 Section 2 then gets into adding an additional conditional use, which would be Warehousing and 129 Distribution adjacent to a residential use provided that the following conditions were met. Planner 130 Wall then reviewed the proposed conditions with the Commission. 131 132 Planner Wall also pointed out that there was some intent with using the term residential use as 133 opposed to residential district. He then shared a map showing properties that are adjacent to 134 residential districts; however, the adjacent properties are not a residential use (i.e. Acacia 135 Cemetery or Resurrection Cemetery). 136 page 15 137 Commissioner Hennes asked if staff had received any comments from residents to the north of the 138 subject property. Planner Wall replied that he has not received any negative comments. 139 140 Staff recommended approval of both the rezoning request and the code amendment request. 141 142 Commissioner Petschel asked if the fence requirement was intended to be a privacy fence or a 143 visual obstruction or as a security fence to keep people out. Planner Wall replied that the intent 144 was for screening purposes and the standard is 90% opacity. Commissioner Petschel continued by 145 asking if the fencing would only be required along the residential property line or to encompass 146 the entire property. Planner Wall replied that it would only have to encompass the areas that need 147 to be screened. 148 149 Commissioner Roston asked for a reminder of the original planning case request, which Planner 150 Wall provided. 151 152 Commissioner Magnuson asked if this ordinance change would have an effect on the R-3 zoned 153 properties adjacent to Acacia Cemetery. Planner Wall replied that the R-3 zoned properties are 154 located across the street from an Industrial zoned area; therefore, staff interpretation would be that 155 it is not adjacent. The intent of the word adjacent would mean that it actually touches or borders. 156 157 Chair Field opened the public hearing for Planning Case 2016-28, Rezoning at 2500 Lexington 158 Avenue South from B-1 Limited Business to I -Industrial. 159 160 Per Chair Field's request, property owner, Mr. Sean Carey of 665 Arcadia Drive, came forward 161 and acknowledged that he was agreeable to the requests as presented. 162 163 Ms. Jodi MacLennan, who resides at 185 Dakota Street South, Prescott, WI, is the owner of the 164 building at 2510 Lexington Avenue South located immediately to the south of the subject property. 165 She stated that she has been in the building for only two years; they are a small company and 166 provide private human services to people with disabilities who live in residential group homes. 167 There are five people at the building at all times; however, they can bring in as many as 30 staff 168 for training or clients. They have a 25 -foot shared egress that is memorialized on their titles/deeds. 169 This calls for cost sharing for repairs and maintenance. She raised her concern that if this property 170 were to be industrial and, depending on the frequency and volume or heavy truck traffic, was 171 unsure if the current roadbed would be able to support it given its current grade and then there 172 would be the additional cost burden to her for the joint ingress/egress. She further explained that 173 she is fine with the ordinance language but is unsure how it would impact when the industrial use 174 is abutting a different zoning where there is a shared access. Chair Field noted, although he is not 175 a lawyer, that some of these would be a private matter that would be involved within the context 176 of the shared use agreement. He then deferred to Planner Wall. 177 178 Planner Wall stated that this would probably be better discussed as part of the second or subsequent 179 public hearing as they may be able to work through some of her concerns specific to the ordinance 180 amendment. 181 182 Chair Field asked for a motion to close the public hearing. page 16 183 COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER PETSCHEL, TO 184 CLOSE THE PUBLIC HEARING. 185 186 AYES: 5 187 NAYS:0 188 ABSENT:2 189 190 COMMISSIONER HENNES MOVED, SECONDED BY COMMISSIONER ROSTON, TO 191 RECOMMEND APPROVAL OF DRAFT ORDINANCE 502, AN ORDINANCE AMENDING 192 THE OFFICIAL ZONING MAP, AS PRESENTED 193 194 AYES: 5 195 NAYS:0 196 ABSENT:2 197 198 Chair Field opened the public hearing for Planning Case 2016-29, Proposed Code Amendment — 199 Warehouse Uses in the Industrial District. 200 201 Ms. Jodi MacLennan, who resides at 185 Dakota Street South, Prescott, WI, is the owner of the 202 building at 2510 Lexington Avenue South located immediately to the south of the subject property, 203 returned and again brought up her concerns about this code amendment is for those properties 204 adjacent to residential use and does not speak specifically to those uses that abut it when there is a 205 common egress. With this code amendment there is the potential for a heavier and higher level of 206 use. She wished to make sure that if there was something that came as a conditional use permit 207 they would be notified as part of that permit process, even though they are not zoned residential. 208 209 Planner Wall replied that warehousing and distribution adjacent to a residential use is the 210 qualifying use that requires a conditional use permit. By requiring that permit application, there is 211 a 350 -foot notice with every property surrounding it. So Ms. MacLennan would be provided notice 212 based on the proximity to this location. In regards to her concern regarding any impacts to her use, 213 while it is written for an abutting or adjacent residential use, condition number three reads that 214 truck traffic shall not impede vehicular circulation or have a negative impact on surrounding uses. 215 That condition is not meant to be specific to that residential use; it is meant to include all 216 surrounding uses. If it were to be a warehouse -type use occupying the building, they would be 217 required to show how they plan on getting in and out of the site and any impacts that it would have 218 on that access point could be dealt with as part of that subsequent application. 219 220 COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER MAGNUSON, 221 TO CLOSE THE PUBLIC HEARING. 222 223 AYES: 5 224 NAYS: 0 225 ABSENT:2 226 227 Commissioner Roston suggested that the ordinance use the word abut rather than the word 228 adjacent, as it is more descriptive of what is intended. page 17 229 In regards to operations shall not include retail sales, Commissioner Roston commented that he 230 thought there was a de minimis exception for most industrial uses. He was thinking of an industrial 231 use that has a pop machine, a company convenience store, or something along those lines. He 232 suggested incorporating the de minimis exception as in other circumstances. 233 234 Planner Wall replied that Commissioner Roston was correct and his suggestion could certainly be 235 accomplished by amending condition number four to read Operations shall not include retail sales 236 unless compliant with [code section reference]. Commissioner Roston was good with that 237 suggestion. 238 239 Commissioner Roston suggested changing condition number three by dropping have a negative 240 impact on surrounding uses as he does not believe that the City should get into the business of 241 qualitative evaluation. He suggested it say truck traffic shall not impede vehicular circulation as 242 determined by the City Engineer since the intent is to eliminate the concern about conflicting 243 vehicle movements and access and traffic. The negative impact on surrounding use is too murky 244 and problematic for a lot of reasons. 245 246 Commissioner Magnuson, referencing condition number eight where it speaks to Additional 247 conditions that mitigate potential negative impacts to adjacent residential uses may be included 248 as determined by the City Council, wondered if to adjacent residential uses should be eliminated 249 so it only talks about additional negative impacts. This would give the City Council the ability to 250 hear from members of the community who are within the immediate area but do not necessarily 251 abut the subject property. 252 253 Commissioner Roston, referencing the preamble, which reads Warehousing and distribution, 254 adjacent to a residential use, provided that: that the eight conditions listed immediately after 255 applies only to residential properties. If it is staff's intent to make that broader, then the preamble 256 should be broadened as well. 257 258 Planner Wall replied that Commissioner Roston's suggestion that condition number three be 259 amended potentially to read truck traffic shall not impede vehicular circulation as determined by 260 the City Engineer could also encompass any surrounding uses and would solve that particular 261 issue. 262 263 Chair Field editorialized that he is not in love with this solution as it gets pretty close to "spot 264 zoning" as this is probably the only place in the city where these issues will arise. 265 266 Commissioner Petschel asked if the change to condition number three were completed as 267 proposed, if there is an issue with respect to bringing in heavy vehicles or large a number of heavy 268 vehicles in and through that area, is that simply discussed as a matter of the Conditional Use 269 Permit. Chair Field replied that they would have to apply for a Conditional Use Permit and then 270 would probably have to lay out all of the traffic and then appease both the Planning Commission 271 and the City Council that this was good policy. There would be ample opportunity for the public 272 to comment and for the Commission to carefully evaluate what is being done. Planner Wall 273 indicated his agreement to that assessment. 274 page 18 275 COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER MAGNUSON, TO 276 RECOMMEND APPROVAL OF DRAFT ORDINANCE 503, AN ORDINANCE AMENDING 277 TITLE 12, CHAPTER 1, ARTICLE G OF THE CITY CODE OF THE CITY OF MENDOTA 278 HEIGHTS, MINNESOTA, DAKOTA COUNTY, CONCERNING WAREHOUSE USES IN 279 THE INDUSTRIAL DISTRICT, WITH THE CHANGES DISCUSSED: 280 • CHANGE THE WORD ADJACENT TO ABUT AND ANY GRAMMATICAL ISSUES 281 REQUIRED THEREOF 282 • CREATE A DE MINIMIS EXCEPTION TO THE RETAIL SALES THAT 283 INCORPORATES EXISTING LANGUAGE THE CODE 284 • AMEND CONDITION NUMBER THREE TO READ TRUCK TRAFFIC SHALL NOT 285 IMPEDE VEHICULAR CIRCULATION AS DETERMINED BY THE CITY ENGINEER 286 • AMEND CONDITION NUMBER EIGHT BY DELETING THE WORDS TO 287 ADJACENT RESIDENTIAL USES SO THAT IT READS ADDITIONAL CONDITIONS 288 THAT MITIGATE POTENTIAL NEGATIVE IMPACTS MAY BE INCLUDED AS 289 DETERMINED BY THE CITY COUNCIL 290 291 AYES: 5 292 NAYS: 0 293 ABSENT: 2 294 295 Chair Field advised the City Council would consider this application at its August 2, 2016 meeting. 296 297 D) PLANNING CASE #2016-25 298 City of Mendota Heights 299 Ordinance 499 Concerning Temporary Family Health Care Dwelling Units 300 301 City Planner Nolan Wall explained that the City was considering an amendment to Title 12-1D-3 302 of the City Code concerning temporary family health care dwelling units. As part of the 2016 303 Legislative Session a bill was passed that requires cities to allow temporary family health care 304 dwelling units as a permitted use. The law contains a number of conditions that address size, 305 accessibility, utility connection, design, and construction standards. In addition, applications are 306 exempt from certain zoning, building, and fire regulations and permits must be approved within 307 15 days. 308 309 Many communities voiced concerns and objections to the proposed legislation through the League 310 of Minnesota Cities. As a result, the bill was passed with an opt -out provision that is allowed by 311 ordinance. This new law goes into effect September 1, 2016 and the proposed code amendment 312 includes the recommended opt -out language. 313 314 Under this new law, all municipalities must allow for installation of these temporary residential 315 dwelling on a property for the care of a mentally or physically impaired person who is related to 316 that resident. The initial permit is then valid for six months and can be renewed once for another 317 six months. A temporary health care dwelling unit that meets the requirements of the law cannot 318 be prohibited by a local ordinance that regulates accessory uses or recreational vehicle parking or 319 storage. Upon review the new law, staff raised several issues based on the City's current code and 320 policies and that were included in the staff report. Planner Wall noted that this new law is well- page 19 321 intentioned but there are certain aspects of the proposed regulations that contrast with existing city 322 ordinances. As a policy matter, if the City Council is interested in allowing temporary housing 323 options or accessory dwelling units, staff recommends bring forward more information for 324 discussion in order to develop regulations that better fit the needs of the community. 325 326 Staff recommended approval of Draft Ordinance 499, with the proposed language provided by the 327 League of Minnesota Cities being inserted as a section in the accessory structure section of the 328 existing city code. 329 330 Chair Field opened the public hearing. 331 332 Seeing no one coming forward wishing to speak, Chair Field asked for a motion to close the public 333 hearing. 334 335 COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER HENNES, TO 336 CLOSE THE PUBLIC HEARING 337 338 AYES: 5 339 NAYS: 0 340 ABSENT:2 341 342 Commissioner Magnuson noted that the requirements were amazing especially when considering 343 that this is supposed to be a temporary structure. 344 345 Commissioner Roston suggested adding language at the end of 12 -1D -3-E to make it a little bit 346 more clear that reads by opting out the City expressly prohibits temporary health care dwellings 347 as defined in Minnesota Statute 462.3593 348 349 COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER MAGNUSON, TO 350 RECOMMEND APPROVAL OF PLANNING CASE 2016-25, ORDINANCE NO. 499 AN 351 ORDINANCE AMENDING TITLE 12, CHAPTER 1, ARTICLE D OF THE CITY CODE OF 352 THE CITY OF MENDOTA HEIGHTS, MINNESOTA, DAKOTA COUNTY, CONCERNING 353 OPTING -OUT OF THE REQUIREMENTS OF MINNESOTA STATUTES, SECTION 462.3593 354 AND ADDING A SECOND SENTENCE THAT READS BY OPTING OUT THE CITY 355 EXPRESSLY PROHIBITS TEMPORARY HEALTH CARE DWELLINGS AS DEFINED IN 356 MINNESOTA STATUTE, SECTION 462.3593 357 358 Commissioner Magnuson asked if the City Council has had a conversation about this. Planner 359 Wall replied that there has not been a conversation with the City Council. Due to the timely nature 360 of when the legislation was passed and the issue that was presented, the first time they would be 361 hearing of this formally would be in consideration of this request. 362 363 Planner Wall continued by stating that if there was the desire as a policy matter to incorporate this 364 type of use, a recommendation would most likely still be to opt -out and then let staff work through 365 establishing something that better fits the needs of the community or at least gives the City more 366 local control. page 20 367 Commissioner Magnuson then asked if the proposed insertion of language was adopted would it 368 preclude ordinance amendments that would tailor something more suitable to the City. 369 Commissioner Roston replied that he did not feel that the language he suggested would not 370 preclude a subsequent ordinance Without having done the research, his suspicion on this was that 371 someone had a pet project and needed to force it through the legislature and used a real broad 372 brushstroke to do so in order to pre-empt local zoning. Fortunately, it sounds liked the League of 373 Minnesota Cities caught it and gave the cities the ability to opt -out as a condition to approval. The 374 intent of his motion is: 375 1. To opt -out of portions of this which he thinks are not consistent with the City of Mendota 376 Heights requirements 377 2. Give staff and the City Council, if given the direction and staff has the policy they want to 378 incorporate, the time to do it in a deliberate fashion before we get a broad brush legislation 379 imposed on us without the ability to really think about it 380 381 AYES: 5 382 NAYS: 0 383 ABSENT:2 384 385 Chair Field advised the City Council would consider this application at its August 2, 2016 meeting. 386 387 E) PLANNING CASE #2016-26 388 City of Mendota Heights 389 Ordinance 501 -Concerning Hotel Definition and First Floor Elevation Standards 390 391 City Planner Nolan Wall explained that the City was considering an amendment to Titles 12-1B- 392 2 and 12 -1E -1-A-5 of the City Code concerning the hotel definition and the first floor elevation 393 standards for new dwellings. Staff proposed one ordinance that proposed two separate code 394 amendments to address issues that have been discovered in reviewing recent development 395 proposals. The proposed amendments seek to clarify existing language as well as the intent of the 396 proposed regulations that are in the code. 397 398 Hotel Definition 399 400 The existing definition for a hotel is as follows: 401 402 A building containing eight (8) or more guestrooms in which lodging is provided for 403 compensation, with or without meals, and which is open to transient guests and in which 404 ingress and egress to and from all rooms is made through an inside lobby or office supervised 405 by a person in charge. 406 407 Based on this existing definition staff contends that the statement open to transient guests is 408 difficult to interpret and enforce. In the absence of a definition of transient in the code, staff is 409 unclear on whether or not the intent was to prohibit extended -stay hotels. The City Council adopted 410 Ordinance 419 in 2008 as part of larger code amendment process for a proposed hotel and retail 411 development that would have been at the southeast corner of Pilot Knob Road and Northland page 21 412 Drive. According the minutes, the Council did discuss whether or not a separate definition for an 413 extended -stay hotel was necessary and ultimately decided that it would be revisited in the future. 414 415 An amended hotel definition was included in Ordinance 419 where the words transient or 416 permanent guests were deleted and subsequently read ... open to guests ... There is also a 417 provision about cooking in guestrooms which was a significant Council discussion concerning 418 what was the existing definition — that provision was stricken as well. 419 420 In 2010, the City adopted a comprehensive revision of the entire zoning ordinance. At that point 421 in time, the hotel definition was revised from what was approved originally in Ordinance 419; 422 however, only the word transient was added back into the definition. Permanent did not make it 423 back in and neither did the cooking provision. 424 425 Therefore, staff did also search the available minutes and staff reports and did not find any 426 discussion that was related to this specific definition revision as part of the ordinance; and no new 427 definition was added for an extended -stay hotel. 428 429 The original development approved in 2008 did have an extended -stay brand but it was never 430 constructed. Recently, developers that are interested in developing another extended -stay hotel 431 within the Industrial District have approached staff. In addition, the Courtyard and Fairfield Inn 432 and Suites, which are the two hotels that are located in that area, may have guests staying more 433 than the typical 2-3 nights of a typical hotel. For those reasons, staff proposed an option to amend 434 the code to reinstate the hotel definition, which was originally approved as Ordinance 419, which 435 reads: 436 k' 437 A building containing eight (8) or more guestrooms in which lodging is provided for 438 compensation, with or without meals, and which is open to transient guests, and in which 439 ingress and egress to and from all rooms is made through an inside lobby or office supervised 440 by a person in charge. 441 442 The word transient is difficult to define and the current hotel definition may be causing existing 443 hotels to be non-compliant and prohibit future development of extended -stay hotels. Therefore 444 staff was seeking clarification on the intent of the most recent code amendment regarding this 445 definition in order to determine how it may impact future development proposals. 446 447 Commissioner Hennes asked why the phrase "which is open to guests" is even needed. After all 448 they are referring to lodging and guest rooms. Who else would it be open to? Planner Wall replied 449 that staff zeroed -in on the transient word; however, they are certainly open to any suggestions on 450 how the definition could work better. 451 452 Commissioner Petschel commented that it seemed to him that most of the discussion about the 453 extended -stay hotels previously was about having cooking accessories inside of the hotel rooms. 454 This does not in any way deal with that discussion. He then asked if there were any plans to deal 455 with that discussion. Planner Wall replied in the negative and noted that the focus was on the word 456 transient as a potential issue regarding how it is interpreted and how it is enforced in terms of the 457 existing hotels and if a proposed extended -stay hotel did want to come into the City. page 22 458 Commissioner Roston, in regards to ingress and egress to and from all rooms is made through an 459 inside lobby or office, asked if the word inside was intended to prohibit motels as opposed to hotels 460 — meaning the rooms all have inside access and no outside access. Planner Wall replied that staff 461 was not necessarily intending to look at the entire hotel definition; although he believed it be a 462 useful exercise. His understanding and interpretation of this, being that they have hotels and 463 motels in the City that this applies specifically to hotels. Therefore, the difference being that all 464 access is from within the building. 465 466 Commissioner Magnuson asked if there was a concern about permanent guests. She read some of 467 the previous comments and there had been concerns raised about having a maximum length of 468 time, which would not be workable. She believed this could be done in a couple of different ways: 469 1. Leave the word transient in to make it clear that people are not moving in permanently; 470 and add language that this does not prohibit extended -stay hotels 471 2. Remove the word transient but now it is being opened to guests; and probably the nature 472 of a hotel you probably would not have a permanent guest; however, the opportunity would 473 exist. 474 475 Commissioner Petschel noted that with an apartment or permanent residence there is a lease; 476 whereas with a hotel there is not. 477 478 After further discussion, the Commission agreed to have the entire phrase `which is open to guests' 479 removed. 480 481 First Floor Elevations Ngf 482 483 Planner Wall explained that the Council adopted several standards as part of Ordinance 478 to 484 address concerns regarding teardowns and new single-family residential construction impacts. 485 Generally, a new dwelling may not raise the first floor elevation more than one -foot above the 486 existing condition. However, that first floor elevation can be increased by more than one foot by 487 conditional use permit based on meeting certain conditions. Since adoption of the regulations in 488 2015, staff has encountered a potential issue with the conditional use permit conditions and 489 proposed an amendment with an additional qualifying condition. The current conditions are: 490 491 (1) Elevate the lowest level of the dwelling to an elevation of two feet (2') above the 100 -year 492 flood elevation, as established by the federal emergency management agency (FEMA). 493 (2) Protect the dwelling from groundwater intrusion. Existing groundwater elevation shall be 494 determined by a professional registered engineer in the state of Minnesota or by a certified 495 hydrologist and provided for review and consideration. 496 (3) Meet state building code, city code or other statutory requirements. 497 498 The proposed fourth condition reads: 499 500 (4) Comply with standard engineering practices, including, but not limited to, grading, 501 drainage, access, or utility connection at the discretion of the City Engineer. 502 page 23 503 The specific situation that staff encountered is an existing driveway and garage floor that are below 504 the roadway, which is not standard engineering practice. Upon demolition and construction of a 505 new dwelling, a reasonable solution would then be to raise that first floor elevation to a reasonable 506 height to construct a driveway and garage floor at an appropriate slope for proper drainage. Under 507 the current code regulations, this situation would not qualify for a conditional use permit and 508 would; therefore, require a variance. Rather than consider a variance for a situation that seems 509 reasonable and meets the intent of the regulations, staff proposed to amend the City Code to expand 510 the conditional use permit condition which would encompass engineering related issues that would 511 be requiring or that would make it such that the new dwellings first floor elevation would have to 512 be raised more than one foot from the existing condition. 513 514 The City Engineer would make the initial determination that the situation qualifies, but the 515 Planning Commission and City Council would still review and approve/deny the application 516 request. Essentially, this allows for an additional condition for consideration of raising the first 517 floor elevation more than one foot based on any number of engineering related issues as 518 recommended by the City Engineer. 519 520 Staff recommended approval of Draft Ordinance 501, which includes the hotel definition 521 component as well as the proposed amendment to the first floor elevation standard. 522 523 Commissioner Hennes asked if was odd that the same ordinance is dealing with this hotel 524 definition idea and dealing with first floor elevation standards in houses. Planner Wall replied that 525 they could have certainly been two different ordinances; however, staff was trying to encompass 526 two different issues into one ordinance and streamline the process. 527 528 Commissioner Roston noted that he would be open to scrapping the whole one -foot requirement 529 but assumed no one wanted to address that at this time. 530 531 Chair Field opened the public hearing. 532 533 Seeing no one coming forward wishing to speak, Chair Field asked for a motion to close the public 534 hearing. 535 536 COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER PETSCHEL, 537 TO CLOSE THE PUBLIC HEARING. 538 539 AYES: 5 540 NAYS: 0 541 ABSENT:2 542 543 COMMISSIONER HENNES MOVED, SECONDED BY COMMISSIONER MAGNUSON, TO 544 RECOMMEND APPROVAL OF ORDINANCE NO. 501 AN ORDINANCE AMENDING 545 TITLE 12-1B-2 CONCERNING HOTEL DEFINITION TO READ "A BUILDING 546 CONTAINING EIGHT (8) OR MORE GUESTROOMS IN WHICH LODGING IS PROVIDED 547 FOR COMPENSATION, WITH OR WITHOUT MEALS, AND IN WHICH INGRESS AND 548 EGRESS TO AND FROM ALL ROOMS IS MADE THROUGH AN INSIDE LOBBY OR page 24 549 INSIDE OFFICE SUPERVISED BY A PERSON IN CHARGE", AND TITLE 12 -1E -1-A-5 550 CONCERNING FIRST -FLOOR ELEVATION STANDARDS BY ADDING CONDITION (4) 551 THAT READS "COMPLY WITH STANDARD ENGINEERING PRACTICES, INCLUDING, 552 BUT NOT LIMITED TO, GRADING, DRAINAGE, ACCESS, OR UTILITY CONNECTION 553 AT THE DISCRETION OF THE CITY ENGINEER." 554 555 AYES: 5 556 NAYS: 0 557 ABSENT:2 558 559 Chair Field advised the City Council would consider this application at its August 2, 2016 meeting. 560 561 Verbal Review 562 563 Planner Wall gave the following verbal review: 564 565 PLANNING CASE #2016-19 566 Blue Horizon Energy, LLC, 675 — 1' Avenue 567 Conditional Use Permit to construct a roof -mounted solar energy system 568 • Approved by the City Council as recommended by the Planning Commission 569 570 PLANNING CASE #2016-20 571 Maris Kurmis, 1787 Lexington Avenue 572 Lot Line Adjustment 573 • Approved by the City Council as recommended by the Planning Commission 574 575 PLANNING CASE #2016-23 576 Sean Carey, 2500 Lexington Avenue South 577 Proposed Code Amendments — B-1 District Conditional Uses 578 • Withdrawn by the applicant after City Council discussion 579 580 PLANNING CASE #2016-22 581 City of Mendota Heights 582 Proposed Code Amendments — Massage Therapy Business Use 583 • Approved by the City Council as recommended by the Planning Commission 584 585 PLANNING CASE #2016-27 586 677 Cheyenne Lane 587 Wetlands Permit 588 • Administratively -approved by staff 589 590 PLANNING CASE #2016-16 591 Mendota Plaza 592 Planned Unit Development Amendment, Preliminary and Final Plat, and Wetlands Permit 593 • Tabled at the July 5, 2016 City Council Meeting page 25 594 • Staff is gathering the comments made and providing responses at the upcoming meeting 595 for continued discussion 596 597 In regards to the solar panel applications needing a conditional use permit, Commissioner Hennes 598 asked if these applications could be done by administrative approval. Planner Wall replied that 599 this was discussed at the last Council meeting and staff was directed to bring back a code 600 amendment which would potentially allow for certain solar array applications to be considered as 601 a permitted accessory use; which would not require a full conditional use permit process. There 602 may be some aspects that the Council does want to keep as a conditional, but the Planning 603 Commission will get to have that discussion next month. 604 605 Commissioner Petschel asked for clarification that the Council would be discussing the Mendota 606 Plaza Development next Tuesday, August 2. Planner Wall confirmed. 607 608 Commissioner Magnuson asked about cleaning up the language on retail sales in the B-1 District 609 for salon -type businesses (i.e. hair salons, nail salons, massage parlors). Planner Wall replied that 610 the focus of the discussion related to the massage license application in that specific case was a 611 Consent Agenda Item, so there wasn't any discussion. However, her point was well taken and, in 612 his mind, that entire code section should be revisited to make sure that it is current with the existing 613 uses and consistent with what the City envisions for that district. 614 615 Staff and Commission Announcements 616 617 Planner Nolan Wall made the following announcement: 618 619 • The Recycling Zone in Eagan currently does not charge to recycle certain types of 620 televisions and monitors. Starting August 1 they will be implementing a $10 fee. Computer 621 hard drives, modems, laptops, and DVD/VCR players are still free. All types of televisions 622 and monitors will incur a $10 fee starting August 1. 623 624 City Engineer John Mazzitello made the following announcement: 625 626 • Highway 13 is under construction, they are on schedule, weekly updates are being posted 627 on the City webpage as well as being sent out on the City Facebook page, the contractor is 628 notifying staff every week with what has been completed the previous week and what to 629 anticipate the following week — the permit expires on September 2 630 • Two years ago Victoria Road was reconstructed from Marie Avenue north to Highway 13. 631 Along the eastern side of Victoria, where there used to be a rock ditch, staff planted a 632 pollinator -friendly native grass and flower garden with the assistance of some Dakota 633 Master Gardeners. On Wednesday, July 27, from 6:30 — 7:30 p.m. there will be an open 634 house at the planting site to talk to residents and anyone who is curious about pollinator - 635 friendly advantages and how they can plant different within their own property to help 636 bees, butterflies, and other flying insects that are beneficial to the environment. 637 638 page 26 639 Adjournment 640 641 COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER MAGNUSON, TO 642 ADJOURN THE MEETING AT 8:26 P.M. 643 644 AYES: 5 645 NAYS: 0 646 ABSENT:2 page 27 1101 Victoria Curve 1 S5118 651452.1850 phone 1 651A 52.8940 Fax w ww.mendota- heIgh[ s.com CITY OF MENDOTA HE4GHTS Request for City Council Action DATE: August 2, 2016 TO: Mayor, City Council, and City Administrator FROM: Lorri Smith, City Clerk SUBJECT: Contract for minutes COMMENT: Introduction The City's contractor for transcribing meeting minutes, C. Darlene Oehlke, has proposed a rate increase in her contract from $20 per hour to $25 per hour, to be effective September 1, 2016. Background Since 2011, the City has used the services of C. Darlene Oehlke, an independent contractor, to transcribe the meeting minutes for the city council and planning commission meetings. At that time, the contracted rate was $20 per hour. The current contract with C. Darlene Oehlke was approved on January 8, 2013 at that same hourly rate of $20 per hour. Discussion The attached contract is amended with the new proposed rate of $25 per hour. Either party would have the right to terminate the contract with a thirty day written notice. The revised contract would become effective September 1, 2016. Budget Impact This proposed rate increase would increase the City Council budget for transcription services from $3,000 per year to $3,750 per year. The Planning Commission budget is proposed to be $1,500 for 2017. Recommendation Staff recommends that the City Council approve the revised contract with C. Darlene Oehlke. Action Required Staff recommends that the City Council make a motion to approve the revised contract with C. Darlene Oehlke, effective September 1, 2016. page 28 CONTRACT THIS AGREEMENT IS BETWEEN C. Darlene Oehlke, 2461 Dolphin Drive, Maplewood, Minnesota 55119 (hereinafter referred to as "Contractor"); and the City of Mendota Heights, 1101 Victoria Curve, Mendota Heights, Minnesota 55118 (hereinafter referred to as "City") for meeting transcription services. PREAMBLE Whereas, C. Darlene Oehlke is an independent contractor offering professional secretarial services under contract to businesses for limited scope engagements; and, Whereas the City of Mendota Heights is interested in engaging C. Darlene Oehlke as an Independent Contractor to transcribe meeting minutes of city council meetings, planning commission meetings, and other selected deliberative City Commissions and groups; and, Whereas C. Darlene Oehlke is agreeable to be engaged only as an independent contractor at the rate of pay of $20.00 $25.00 /hr with mileage reimbursement at existing IRS established rates if transportation is required as part of the engagement. 1. Scope of Work. Proceedings for selected meetings of the City of Mendota Heights will be transcribed by Contractor. The following schedule is agreed upon and subject to revisions. City Council meetings are held the first and third Tuesday of every month. Minutes are due back to the City by Tuesday of the following week by 5:00 pm. Planning Commission meetings are held the fourth Tuesday of every month. Minutes are due back to the City by Thursday of the same week by 5:00 pm 8:00 am. The City reserves the right to determine \which meetings will be transcribed on a month to month basis. 2. Fee Structure. All time will be billed on a monthly basis. Terms are net 30 days. Services will be performed and charged at the rate of $20 $25.00 per hour, with additional charge for mileage at the IRS governed rate. Contractor reserves the right to submit revised fee contract for approval by the City of Mendota Heights on a yearly basis. City reserves the right to implement electronic transmission of meetings to be transcribed in the future as City technology and software allows. 3. Termination of Contract. Both parties reserve the right to terminate this contract with a written thirty day notice by either party to the other sent to the following addresses using first class mail to be effective when mailed. Contractor: C. Darlene Oehlke 2461 Dolphin Drive Maplewood, MN 55119 City: Lorri Smith, City Clerk And/or Nolan Wall, Planner City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 4. Independent Contractor. page 29 Nothing contained in this Agreement is intended or should be construed as creating the relationship of employer-employee, copartners of joint venturers within the City. No tenure or any rights or benefits, including Workers' Compensation, Unemployment Insurance, medical care, sick leave, vacation leave, severance pay, PERA, or other benefits available to City employees, shall accrue to the Contractor or employees of the Contractor performing services under this Agreement. 5. Indemnification and Insurance. The Contractor agrees it will defend, indemnify and hold harmless the City, its officers and employees against any and all liability, loss, costs, damages and expenses which the City, its officers or employees may hereafter sustain, incur, or be required to pay arising out of the Contractor's performance or failure to adequately perform its obligations pursuant to this contract. 6. Data Practices. All data collected, created, received, maintained, or disseminated for any purposes by the activities of Contractor because of this contract is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as amended, the Minnesota Rules implementing such act now in force or as adopted, as well as federal regulations on data privacy. 7. Records -Availability and Retention. The Contractor agrees that the City or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the Contractor and invoice transactions relating to this Agreement. Contractor agrees to maintain these records for a period of three (3) years from the date of termination of this Agreement. 8. Merger and Modification. A. It is understood and agreed that the entire Agreement between the parties is contained here and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. B. Any material alterations, variations, modifications, or waivers of provisions of this Agreement shall be valid only when they have been reduced to writing as an amendment and signed by the parties. page 30 9. Default and Cancellation. A. If the Contractor fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, this shall constitute default. Unless the Contractor's default is executed, the City may, upon written notice, immediately cancel this Agreement in its entirety. B. This Agreement may be cancelled with or without cause by either party upon thirty (30) days written notice. 10. Subcontracting and Assignment. Contractor shall not enter into any subcontract for performance of any services contemplated under this Contract without the prior written approval of the City and subject to such conditions and provisions as the City may deem necessary. The Contractor shall be responsible for the performance of all subcontractors. 11. Nondiscrimination. During the performance of this Agreement, the Contractor agrees to the following: No person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance status, criminal record, creed or national origin be excluded from full employment rights in, participation in, be denied the benefits of or be otherwise subjected to discrimination under any and all applicable federal and state laws against discrimination. Contractor has signed this Agreement, and the City Council having duly approved this Agreement on the 2nd day of August, 2016, and pursuant to such approval and the proper City officials having signed this Agreement, the parties hereto agree to be bound by the provisions herein set forth. IN WITNESS WHEREOF, authorized representatives of the parties hereto have executed this Agreement of General Terms and Conditions effective September 1, 2016, 2016 as written. Contractor: City of Mendota Heights: By: C. Darlene Oehlke Date: By: Sandra Krebsbach Mayor ATTEST: By: Lorri Smith City Clerk Date: cowman' in DATE: TO: FROM: SUBJECT: CITY OF MENDOTA HEIGHTS page 31 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com August 2, 2016 Mayor and City Council Mark McNeill, City Administrator Absentee/Early Voting Location Change COMMENT: INTRODUCTION The Council is asked to approve a change for the location of absentee and early balloting, which would return it back to City Hall. BACKGROUND In April, the City Council was notified of a plan which would consolidate absentee, and what is commonly referred to as early voting, locations to a single location at the Dakota County Northern Service Center in West St. Paul. This was to be for Mendota Heights, and the City of West St. Paul. Mendota and Lilydale have always used Dakota County, but that has not stopped the occasional voter from coming to Mendota Heights City Hall in an attempt to cast a ballot here. The proposed consolidation would save the City money, and allow the existing City staff to do the normal tasks of their day to day work—especially during a Presidential election year, the number of people coming to the front desk for voting is significant. There are also security issues for the ballots when the voting is at City Hall. The need to keep ballots and equipment secure eliminates the use of the small conference room at City Hall from September 23rd through November 8th However, there has been a request to move the absentee and early voting location back to City Hall. If approved, that change will not be able to be done in time for the Primary election, as election judges will need to be trained, and notice given of the change at a relatively late date. (It should be noted that the number of absentee voters participating in the primary is relatively small). A locational change could, however, still be done for the General election, should the Council so choose. BUDGET IMPACT page 32 The City costs of the returning the absentee balloting to City Hall are as follows: Two Additional Election Judges $2300 Overtime for City Employees 1400 Postage 800 Supplies 100 Total $4600 It could be argued that under the previously approved plan to change to the Northern Service Center merely transfers the burden of the postage and supplies costs from the City, to Dakota County taxpayers --those are costs which will need to be borne, regardless of the location. It is the labor costs which are the portion of the expense which would be eliminated by the partnership with Dakota County. That would have been able to be done with existing personnel. RECOMMENDATION If the Council wants to return the absentee balloting to City Hall for the General Election, it should so indicate. ACTION REQUIRED If the City Council wants to move the absentee and early voting processes back to Mendota Heights City Hall for the General Election, it should by motion approve that action. Mark McNeill City Administrator page 17 pa e3. 1101 Victoria Curve 1 Men& 55'1. 651.452.1850 phone 1 651.452.8940 fax CITY OF MENOOTA HEIGHTS Request for City Council Action MEETING DATE: April 5, 2016 TO: Mayor and City Council, City Administrator FROM: Lorri Smith, City Clerk SUBJECT: Absentee Voting COMMENT: Background Absentee voting can be done in one of two ways. A voter can choose to absentee vote either through the mail, or in person. The process, which is mandated by state law, is inefficient and expensive for small cities to administer. In past elections, in person absentee voting for residents of our city has been handled at the City Hall, and also at any Dakota County office. Voters have been able to choose which location is the most convenient for them. Discussion As more and more voters choose to vote early by absentee voting, improvements must be made to increase the efficiency of administering absentee balloting, to reduce the potential for errors, and to improve the voter experience. City staff met with Dakota County elections officials to discuss the concept of having the Dakota County staff handle the absentee voting for our residents at the Dakota County Northern Service Center in West St. Paul. The Northern Service Center has an office that is set up and handling absentee voting for the other cities in our area, including the cities of Mendota, Lilydale, and now West St. Paul. The County staff is fully trained in administering absentee voting. By having the in-person absentee voters go to the Northern Service Center, it would avoid a duplication in the services provided. The City of Mendota Heights would retain the task of counting the absentee ballots received, which would be at our city hall. The City staff would still be available to answer questions from the voters and mail out applications for absentee ballots if requested. Budget Impact The City would save the cost of staff time, election judge absentee ballot board staffing costs, supply costs, and postage costs for mailing of the ballots. Recommendation Staff recommends implementing the use of the Dakota County Northern Service Center as the location for in-person absentee balloting. Action Required pa • e8 If the Council concurs, it should, by motion, authorize the City of Mendota Heights to pad? J t'4n the group of cities which will be using the Dakota County Northern Service Center as the site for in-person absentee balloting. page 35 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com CITY OF MENDOTA HEIGHTS Request for City Council Action MEETING DATE: August 2, 2016 TO: Mayor and City Council, City Administrator FROM: John R. Mazzitello, PE, PMP, MBA Public Works Director/City Engineer SUBJECT: Ordinance #504 — Adjusting No Parking Area - East Side of Warrior Drive COMMENT: Introduction The No Parking area on the east side of Warrior Drive can now be adjusted after completion of the rehabilitation project for Warrior Drive. Background The 2013-2014 project to construct the River -To -River Greenway Trail from the south end of Warrior Drive to Marie Avenue, and West across Delaware Avenue was completed by Dakota County with the assistance of Federal grant money. The Federal funds required that a No Parking are be established to accommodate sight -distance safety for vehicles leaving Henry Sibley High School onto Warrior Drive. The current No Parking area was established by Council adopting Ordinance 462 in May of 2014. After the completion of the trail construction the No Parking area was posted as codified at 275 feet south of the school drive access point. Discussion The rehabilitation of Warrior Drive, currently underway, will reconfigure the travel lanes of Warrior Drive narrowing them to 11 feet, install an off -centered concrete median, and establish a dedicated parking lane on the east side of the street. Because of the geometric changes to the lanes and the installation of the median, the no parking area on the East side of Warrior Drive can now be reduced to 75 feet south of the school drive access. The attached Ordinance 504 changes the codified no parking area form 275 feet to 75 feet south of the school drive access point. Signs will be placed appropriately after completion of the rehabilitation project. The area will be able to accommodate approximately 9-10 additional cars as a result of this change. Budget Impact None — All signs have already been manufactured and only need to be re -posted. page 36 Recommendation Staff recommends that the Mendota Heights City Council approve the attached ORDINANCE No. 504 — AN ORDINANCE RELATING TO THE NO PARKING AREA ON THE EAST SIDE OF WARRIOR DRIVE. Action Required If Council wishes to enact the staff recommendation, they should pass a motion adopting ORDINANCE No. 504 — AN ORDINANCE RELATING TO THE NO PARKING AREA ON THE EAST SIDE OF WARRIOR DRIVE. This action requires a simple majority vote. page 37 1 CITY OF MENDOTA HEIGHTS 2 DAKOTA COUNTY, MINNESOTA 3 4 ORDINANCE NO. 504 5 6 AN ORDINANCE AMENDING TITLE 6, CHAPTER 3 OF THE CITY CODE 7 OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA, CONCERNING 8 ADJUSTING A NO PARKING AREA ON THE EAST SIDE OF WARRIOR DRIVE 9 10 THE CITY COUNCIL OF THE CITY OF MENDOTA HEIGHTS ORDAINS: The amendment as 11 follows to require the adjustment of the No Parking area on the east side of Warrior Drive in Mendota 12 Heights from 275 feet to 75 feet. 13 14 15 16 Title 6-3-3 is hereby amended as follows: 17 18 Section 1. Warrior Drive West East From the south side of the Henry Sibley High School driveway south 275 feet East 50 feet wide, centered on the pedestrian crosswalk located across from and just north of High Ridge Circle East 50 feet wide, centered on the pedestrian crosswalk located across from and just north of Sibley Court 19 Section 2. 20 21 This Ordinance shall be in effect from and after the date of its passage and publication. 22 23 Adopted and ordained into an Ordinance this 2nd day of August, 2016. 24 25 26 27 28 29 30 31 ATTEST 32 33 34 35 Lorri Smith, City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor page 38 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com CITY OF MENDOTA HEIGHTS Request for City Council Action MEETING DATE: August 2, 2016 TO: Mayor and City Council, City Administrator FROM: Ryan Ruzek, Assistant City Engineer SUBJECT: Final Payment and Acceptance of the Crown Point and Overlook Neighborhood Rehabilitation, Project #201207 COMMENT: Introduction The contract work for the Crown Point and Overlook Neighborhood Rehabilitation has been completed, inspected, and approved. The project is ready for final payment and this will start the one-year guarantee period. All required paperwork needed before final payment has been submitted. Discussion Total contract costs for this project is $565,832.75, not including engineering and overhead costs. The contract amount for the project was $583,803.00. Budget Impact The final payment of this contract is $11,316.66 which is the retainage held by the city. Recommendation Staff recommends that the Mendota Heights City Council approve the attached Resolution No. 2016-63 "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR JOB #201207". Action Required If Council agrees with the recommendation, the should pass a motion adopting Resolution No. 2016-63 "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR JOB #201207", by simple majority vote. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2016-63 page 39 RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR JOB #201207 WHEREAS, pursuant to a written contract signed with the City of Mendota Heights, on April 16, 2013, with Asphalt Surface Technologies Corp. of St. Cloud, MN, has satisfactorily completed the improvements for the Crown Point and Overlook Neighborhood Rehabilitation Job #201207, in accordance with such contract. NOW THEREFORE IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby directed to issue a proper order for the final payment on such contract in the amount of $11,316.66, taking the contractor's receipt in full. Adopted by the City Council of the City of Mendota Heights this second day of August, 2016. ATTEST CITY COUNCIL CITY OF MENDOTA HEIGHTS BY BY Lorri Smith, City Clerk Sandra Krebsbach, Mayor page 40 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com CITY OF MENDOTA HEIGHTS Request for City Council Action MEETING DATE: August 2, 2016 TO: Mayor and City Council, City Administrator FROM: Ryan Ruzek, Assistant City Engineer SUBJECT: Approve Purchase Order to Collect Citywide Sign Inventory Data COMMENT: Introduction The City Council is asked to authorize a private company to perform a street sign inventory for the City. Discussion All cities, including Mendota Heights, are required by Federal regulations to be compliant with the Manual on Uniform Traffic Control Devices (MUTCD). The current regulation states that public agencies or officials having jurisdiction in those agencies shall use an assessment or management method that is designed to maintain sign retro reflectivity at or above specified minimum levels. Mendota Heights currently does not have capabilities in-house to measure and assess existing signs. Mendota Heights contracted with Goodpointe Technology in 2014 to provide an Asset Management Program, as well as an updated Pavement Management Assessment. One of the modules currently authorized for use within the Asset Management Program is a sign inventory. Goodpointe Technology has proposed to collect sign data through a digital imaging vehicle and GPS/Inertial Navigation System similar to what you would see on a Google Street View. Data to be collected would include: Location, Sign Type, Size, Orientation, Post Type, Position, Sign Photo, Sign ID, and Retro Reflectivity compliance. It is unlikely that any other company would be able to perform this sort of study as efficiently, due to the work that it has already done for Mendota Heights. Budget Impact The Street Department anticipates lower Engineering charges than what was budgeted, due to a recently announced vacancy in the Public Works Director position. Funding for the sign inventory is recommended to come from that underspend. Recommendation page 41 Staff recommends that City Council approve the purchase order for Goodpointe Technology for the amount of $12,500.00. Action Required If Council agrees with the recommendation, they should pass a motion authorizing staff to execute the purchase order to Goodpointe Technology to perform a traffic sign inventory for the City of Mendota Heights. This requires a simple majority vote. cowman' in CITY OF MENDOTA HEIGHTS page 42 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com DATE: August 2, 2016 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Director of Public Works/City Engineer Resignation COMMENT: INTRODUCTION The Council is asked to accept the resignation of Director of Public Works/City Engineer John Mazzitello. BACKGROUND John Mazzitello has been serving the City of Mendota Heights as its /Public Works Director and City Engineer for eight years. In the time that he has been working for the City, he has overseen many public improvements projects, and has provided for the upgrading and modernization of many of the City's operations. He has recently provided me with a letter of resignation from his position. He has accepted a job with a private sector engineering firm; his last day with the City will be August 19th. He will be missed. A discussion about moving forward with filling engineering and supervisory void will need to be held with the City Council in the near future. In the meantime, the Council is asked to accept the resignation. RECOMMENDATION The City Council should accept the resignation of John Mazzitello from City employment. ACTION REQUIRED If the Council concurs, it should, by motion accept with regret the resignation of John Mazzitello as Public Works Director/City Engineer, effective August 19, 2016. Mark McNeill City Administrator cowman' in DATE: TO: FROM: SUBJECT: CITY OF MENDOTA HEIGHTS 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com August 2, 2016 Mayor and City Council Mark McNeill, City Administrator IT Manager Resignation COMMENT: INTRODUCTION The Council is asked to accept the resignation of IT Manager Sue Donovan. BACKGROUND Ms. Donovan has worked for eight years for the City of Mendota Heights, starting as a part-time Police Support Specialist in August, 2008. Since 2013, she has been serving as IT Manager for the City. She has submitted a letter of resignation from that position, effective August 11th. Sue was responsible for all areas of the City's computer technology, and was extremely mindful of electronic security. We are very appreciative of her service. Staff is in the process of exploring options to fill the position. In the meantime, the Council is asked to accept the resignation at the August 2nd City Council meeting. RECOMMENDATION The City Council should accept the resignation of Sue Donovan from City employment. ACTION REQUIRED If the Council concurs, it should, by motion accept with regret the resignation of Susan Donovan as the City's IT Manager, effective August 11, 2016. Mark McNeill City Administrator cowman' in CITY OF MENDOTA HEIGHTS page 44 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com DATE: August 2, 2016 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Job Share Authorization—Clerk/Receptionist COMMENT: INTRODUCTION The Council is asked to allow a full-time position to be replaced with two twenty hour per week positions, approve a change in the position's job description, and authorize an advertisement. BACKGROUND The individual holding the clerk/receptionist positon in City Hall has requested to be allowed to reduce her hours from full-time, to twenty hours per week. This would provide for a work schedule of working Monday, Tuesday, and every other Wednesday. A second part-time position would then need to be filled, which would work the remaining hours. The City would benefit from this, in that it would allow greater flexibility to schedule for absences, as the two employees may be able to cover for each other. There are some changes to update the existing job description --the City no longer maintains voting records here, and so that responsibility is recommended for deletion. The old job description shows the pay grade at 4; for many years the position has been paid at grade 10. Finally, the position reports to the Finance Director, and state surcharge reports are no longer being done by the position. If approved, this shared position status would become effective as soon as the newly created part-time position is advertised and filled. BUDGET IMPACT There would be a slight savings to the City, at least for the first couple of years, assuming the individual to be added would be hired at a rate which is less that what the current employee is paid. The hiring range in Grade 10 is step A through C, which is $20.58 to $22.69 per hour. page 45 RECOMMENDATION Staff recommends that the clerk/receptionist position be authorized to become a shared position, that the modified job description be adopted, and that staff be authorized to advertise for the new part time position which will be created as a result. ACTION REQUIRED If the Council concurs, a motion would be need to be approved to: • Authorizing the current full-time clerk/ receptionist position to become two 20 hour per week positions; • Adopt the revised job description; • Staff be authorized to advertise for the new position. Mark McNeill City Administrator page 46 POSITION DESCRIPTION Position Title: Clerk Receptionist Department: Administration Accountable To: City Clerk Finance Director Pay Grade: 104 Primary Objective of Position: Perform general administrative work for administration, utility, code enforcement and other departments. Receive and refer telephone calls and visitors promptly and courteously to the appropriate person or depth anent. Duties and Responsibilities: Operates telephone console, answering and routing incoming calls. Directs visitors to proper offices. Receives, sorts and distributes incoming mail. Performs miscellaneous clerical services for the City Clerk, Code Enforcement Officers. Planning and other departments_ as directed by the City Clerk. Issues building permits and distributes copies of building and licensing requirements under the direction of the Code Enforcement Officer. Performs record keeping and updating of records relating to permit issuance. Produce quarterly state surcharge reports for Finance Director. Issues RV, plumbing, sewer/water, and heating permits. Receipts license fees, verifies license application requirements, maintains records of licenses and notifies licensees of expiration of license or insurance forms. Receipts miscellaneous fees including permit fees, dog licenses, recreation program fees and utility fees. Assists in the election process as needed. and maintains voter registrations. Schedules and maintains park and community room requests. Accepts and receipts recreation program registrations and assists the Recreation Programmer in scheduling, program development, customer inquiries, and other duties as needed. Performs other duties and assumes other responsibilities, including in other city departments, as assigned. page 47 Knowledge and Skills Required: General knowledge of City departments, services and personnel, so that inquiries and visitors can be referred in an expeditious manner. Ability to be tactful and courteous with the public, City officials and other employees. Ability to use a personal computer and general office equipment and working knowledge of Microsoft Office software. Ability to type 60 words per minute. Minimum Training, Experience and Education: High school graduate, supplemented by post -secondary course work in clerical and business courses. Experience in dealing with the public. REVIEWED BY: Employee Date City Administrator Date n CITY OF MENDOTA HEIGHTS DATE: TO: FROM: SUBJECT: page 48 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com August 2, 2016 Mayor and City Council Sloan Wallgren, Recreation Program Coordinator Mendakota Basketball Court Comment: Introduction The Council is asked to give direction as to whether to move forward to this year the scheduled replacement of the Mendakota Parks Basketball Court. Background The basketball court at Mendakota Park was built in the early 1990's. The useful life expectancy of an asphalt basketball court is roughly 15-20 years. The basketball court at Mendakota has exceeded that useful life. The current condition of the basketball court now requires replacing the asphalt, painting the surface and replacing the hoops. The basketball court is currently scheduled to be replaced in 2017 as part of the approved Capital Improvement Plan. However, the source of funding for the replacement is the Special Parks Fund is available for use in either year. As a result, at its meeting of July 12th, the Parks and Recreation Commission passed a motion asking the City Council to consider replacing the basketball court at Mendakota Park in 2016, rather than waiting until 2017. Budget Impact This project would be funded by the Special Parks Fund, which currently has an available balance of $196,000. However, this balance in this fund would be reduced by whatever is contracted for park shelter roof replacements, which was discussed at the July 19th meeting. Quotes for this work are expected to be presented at the August 16th City Council meeting. Required Action If the City Council would like to replace the basketball court at Mendakota Park one year earlier than planned, it should, by motion, authorize staff to seek bids to complete the project in 2016. �m CITY ❑F MENDOTA HEIGHTS 1101 Victoria Curve 1 Mendomeig-ht� Ca x1N 55118 651.452.1850 phone 1651.452.8940 fax www.menclota-heights.com Request for City Council Action MEETING DATE: August 2, 2016 TO: Mayor and City Council, City Administrator FROM: Dave Dreelan, Assistant Fire Chief SUBJECT: June 2016 Fire Synopsis Fire Calls The department responded to 32 calls for the month. The majority of calls were classified as false alarms or as good intent calls. Six of the calls were residential in nature, of the other calls, eight were commercial alarms, four were EMS calls, two were mutual aid calls, and six were utility checks. There were also three car fires and three injury accidents. Monthly Department Training The June department drill was a relay pumping drill where we supply a pumper with water from a hydrant that is over 1,000' away. During this drill a truck is positioned at a hydrant, a second truck is positioned approximately 500' away and a third truck is positioned another 500' away from the second truck. The first truck pumps from the hydrant to the second truck; the second truck boosts the pressure, and then pumps the water up to the third truck to for fire. This type of drill simulates how we may have to supply a pumper in a non -hydrated area such as Sunfish Lake or parts of Mendota. Monthly Squad Training The squad training for the month required each firefighter to participate in our annual fire pump certification program. Once a year, each of our firefighters go through an evaluation process that assures they are each capable of getting one of our trucks to the scene of an incident, charging the initial attack lines, and establishing a water supply from the hydrant without any assistance. MENDOTA HEIGHTS FIRE DEPARTMENT JUNE 2016 MONTHLY REPORT FIRE CALLS NO. 16087 - 16118 NUMBER OF CALLS: 32 page 50 FIRE ALARMS DISPATCHED: NUMBER ACTUAL FIRES Structure - MH Commercial Structure - MH Residential Structure - Contract Areas Vehicle - MH Vehicle - Contract Areas Grass/Brush/No Value MH Grass/Brush/No Value Contract MEDICAL Assist 4 Extrication HAZARDOUS SITUATION Spills/Leaks 2 Arcing/Shorting Chemical Power Line Down 1 FALSE ALARM Residential Malfunction 3 Commercial Malfunction 1 Unintentional - Commercial 1 Unintentional - Residential 5 Criminal GOOD INTENT Smoke Scare Steam Mistaken for Smoke Other 13 MUTUAL AID 2 TOTAL CALLS 32 STRUCTURE CONTENTS MISC. TOTALS TO DATE TOTAL MONTHLY FIRE LOSSES $0 $0 $0 $0 $10,000 $0 $0 $0 FIRE LOSS TOTALS MENDOTA HEIGHTS ALL FIRES, ALL AREAS (MONTH) $0 $10,000 MEND. HTS. ONLY STRUCT/CONTENTS MEND. HTS. ONLY MISCELLANEOUS MEND. HTS. TOTAL LOSS TO DATE $8,000 $2,000 $10,000 LOCATION OF FIRE ALARMS: TO DATE MENDOTA HEIGHTS 25 85 MENDOTA 0 3 SUNFISH LAKE 5 13 LILYDALE 0 8 OTHER 2 9 TOTAL 32 118 LAST YEAR 100 1 6 5 7 119 BILLING FOR SERVICES AGENCY THIS MONTH TO DATE MN/DOT $0 MILW. RR $0 CNR RR $0 OTHERS: TOTALS: $0 $0 $0 WORK PERFORMED HOURS TO DATE LAST YEAR FIRE CALLS 469 1812.5 2010.5 MEETINGS 20 215 176 DRILLS 182 1044 924.5 WEEKLY CLEAN-UP 40 234.5 214 SPECIAL ACTIVITY 217.25 1185.5 1424 ADMINISTATIVE 0 0 FIRE MARSHAL 255 294 TOTALS 928.25 4746.5 5043 FIRE MARSHAL'S TIME FOR MONTH INSPECTIONS INVESTIGATIONS RE -INSPECTION MEETINGS ADMINISTRATION SPECIAL PROJECTS TOTAL 0 REMARKS: SEE OTHER SIDE FOR SYNOPSIS CITY OF MENDOTA HEIGHTS MEETINGDATE: TO: FROM: SUBJECT: BACKGROUND Significant Claims page 51 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.452-.1850 phone 1 651.452,8940 fax www.mendota-heights.com Request for City Council Action August 2, 2016 Mayor, City Council and City Administrator Kristen Schabacker, Finance Director IA Aer;.�/ Claims List Summary A to Z Home Inspection — June/July Inspections Asphalt Surface Technologies — Crown/Overlook Final Payment ISD 197 — Sibley Park Maintenance Agreement Mid Northern Services — Street Light Repair SPRWS — Water Service Stantec Consulting Services — Planning Assistance Taser International — Tasers US Bank — Monthly Activity Manual Checks Total System Checks Total Total for the list of claims for the August 2, 2016 city council meeting RECOMMENDATION: $ 7,287.50 $ 11,316.66 $ 19,218.93 $ 5,867.00 $ 6,704.69 $ 7,100.50 $ 16,066.68 $ 8,076.75 $ 34,863.12 $ 148,039.92 $ 182,903.04 Staff recommends that the Mendota Heighs City Council approve the list of claims for August 2, 2016. Account CITY OF MENDOTA HEIGHTS Claims List MANUAL CHECKS 7/28/16MAN Comments DEPT Descr Amount page 52 07/29/16 8:41 AM Page 1 Search Name I C M A RETIREMENT 457 G 01-2072 7/15/16 PAYROLL Search Name I C M A RETIREMENT 457 Search Name NATIONWIDE RETIREMENT SOLUTION G 01-2072 7/15/16 PAYROLL Search Name NATIONWIDE REI1REMENT SOLUTION Search Name SW/WC SERVICE COOPERATIVES G 01-2074 G 01-2071 E 05-4131-105-15 E 01-4131-070-70 E 01-4131-050-50 E 01-4131-020-20 E 01-4131-110-10 AUGUST HEALTH INSUR PREMI AUGUST HEALTH INSUR PREMI AUGUST HEALTH INSUR PREMI AUGUST HEALTH INSUR PREMI AUGUST HEALTH INSUR PREMI AUGUST HEALTH INSUR PREMI AUGUST HEALTH INSUR PREMI Search Name SW/WC SERVICE COOPERATIVES Search Name UNITED WAY OF ST. PAUL G 01-2070 7/15/16 PAYROLL Search Name UNITED WAY OF ST. PAUL Search Name XCEL ENERGY E 01-4211-320-70 E 45-4211-046-45 E 45-4212-046-45 E 45-4211-047-45 Search Name XCEL ENERGY UTILITES UTILITES UTILITES UTILITES Engineering Enterprise Parks & Recreation Road & Bridges Police Administration Parks & Recreation Golf Course Golf Course Golf Course $1,852.43 $1,852.43 $50.00 $50.00 $3,155.00 $3,097.50 $2,528.00 $1,280.00 $4,958.00 $14,977.00 $1,990.00 $31,985.50 $64.00 $64.00 $12.59 $84.47 $28.55 $785.58 $911.19 $34,863.12 CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 08/02/16PAY Account Comments DEPT Descr Amount page 53 07/29/16 8:38 AM Page 1 Search Name A P W A MN CHAPTER E 15-4400-060-60 UNDERGROUND UTILITIES INS Utility Enterprise $495.00 Search Name A P W A MN CHAPTER $495.00 Search Name A TO Z HOME INSPECTION, LLC E 01-4231-040-40 JUNE/JULY INSPEC I IONS Code Enforcement/Inspe $7,287.50 Search Name ATO Z HOME INSPECI ION, LLC $7,287.50 Search Name ADVANTAGE SIGNS & GRAPHICS E 01-4420-050-50 SIGN SUPPLIES Road & Bridges $431.60 Search Name ADVANTAGE SIGNS & GRAPHICS $431.60 Search Name AMERICAN FLAGPOLE & FLAG CO. E 08-4335-000-00 FLAGS - CITY HALL Spec Fds $213.80 Search Name AMERICAN FLAGPOLE & FLAG CO. $213.80 Search Name AMERICAN PROMOTIONAL INCENTIVE E 01-4435-200-70 PLAYGROUND - TSHIRTS Parks & Recreation $251.00 Search Name AMERICAN PROMOTIONAL INCENTIVE $251.00 Search Name AMERICOM, INC E 01-4301-030-30 FIRE SOFTWARE Fire $1,946.11 Search Name AMERICOM, INC $1,946.11 Search Name AMERIPRIDE SERVICES E 01-4410-050-50 E 15-4335-310-60 E 01-4335-310-50 E 01-4410-050-50 E 15-4335-310-60 E 01-4335-310-70 E 01-4335-310-50 E 08-4335-000-00 E 45-4335-045-45 E 01-4335-310-70 Search Name AMERIPRIDE SERVICES Search Name APACHE GROUP E 08-4335-000-00 E 01-4305-070-70 Search Name APACHE GROUP UNIFORMS - STREETS Road & Bridges MAT SERVICE - P. WORKS Utility Enterprise MAT SERVICE - P. WORKS Road & Bridges UNIFORMS - STREETS Road & Bridges MAT SERVICE - P. WORKS Utility Enterprise MAT SERVICE - P. WORKS Parks & Recreation MAT SERVICE - P. WORKS Road & Bridges MAT SERVICE - CITY HALL Spec Fds MAT SERVICE - PAR 3 Golf Course MAT SERVICE - P. WORKS Parks & Recreation CITY HALL SUPPLIES Spec Fds $5.50 $17.83 $17.84 $5.50 $20.25 $20.25 $20.25 $162.12 $66.48 $17.84 $353.86 $199.22 OPERATING SUPPLIES - PARKS Parks & Recreation $299.10 Search Name ASPHALT SURFACE TECHNOLOGIES G 78-2020 CROWN/OVERLOOK FINAL PAY Search Name ASPHALT SURFACE TECHNOLOGIES $498.32 $11,316.66 $11,316.66 Search Name ASSURANT EMPLOYEE BENEFITS E 01-4132-031-30 AUGUST 2016 LT DISABILITY P Fire $180.20 Search Name ASSURANT EMPLOYEE BENEFITS $180.20 Search Name AUTOZONE E 01-4330-440-20 EQUIPMENT REPAIR - POLICE Police $27.01 Search Name AUTOZONE $27.01 Search Name BAUER BUILT Account CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 08/02/16PAY Comments DEPT Descr Amount page 54 07/29/16 8:38 AM Page 2 E 01-4330-490-50 EQUIPMENT REPAIR - STREETS Road & Bridges $231.88 Search Name BAUER BUILT $231.88 Search Name BGMN, INC. E 15-4305-060-60 E 01-4305-050-50 E 01-4305-070-70 Search Name BGMN, INC. Search Name BLUE ENERGY SOLAR R 01-3365 OPERATING SUPPLIES - P. WO Utility Enterprise OPERATING SUPPLIES - P. WO Road & Bridges OPERATING SUPPLIES - P. WO Parks & Recreation $23.10 $23.10 $23.10 $69.30 PLANNING ESCROW REFUND $500.00 Search Name BLUE ENERGY SOLAR $500.00 Search Name BREAKTHRU BEVERAGE MINNESOTA E 45-4310-205-45 BEVERAGES - PAR 3 Search Name BREAKTHRU BEVERAGE MINNESOTA Golf Course $209.50 Search Name C. DARLENE OEHLKE, CAP E 01-4220-110-10 7/19/16 CITY COUNCIL MINUT Administration E 01-4220-080-80 7/26/16 PLANNING COMM MIN Planning Search Name C. DARLENE OEHLKE, CAP Search Name CAREY, SEAN R 01-3365 Search Name CAREY, SEAN $209.50 $60.60 $142.40 $203.00 PLANNING ESCROW REFUND $500.00 Search Name CARGILL INCORPORATED E 01-4421-050-50 ROAD SALT Search Name CARGILL INCORPORATED $500.00 Road & Bridges. $1,585.40 $1,585.40 Search Name CDW GOVERNMENT, INC E 01-4301-114-14 EXCHANGE CALS Info Tech $922.80 E 01-4301-020-20 POLICE COMPUTER REPLACEM Police $2,024.51 E 01-4301-114-14 COMPUTER ACCESSORIES Info Tech $86.75 Search Name CDW GOVERNMENT, INC $3,034.06 Search Name CENTERLINE CHARTER CORP E 01-4435-200-70 FIELD TRIP TRANSPORTATION Parks & Recreation E 01-4435-200-70 FIELD TRIP TRANSPORTATION Parks & Recreation Search Name CENTERLINE CHARTER CORP Search Name COMMERCIAL ASPHALT E 01-4422-050-50 ASPHALT - STREETS Road & Bridges Search Name COMMERCIAL ASPHALT Search Name CONTINENTAL SAFETY EQ E 01-4330-490-70 EQUIPMENT REPAIR - PARKS Parks & Recreation Search Name CONTINENTAL SAFETY EQ Search Name CONTRACTORS & SURVEYORS SUPPLY E 05-4305-105-15 ENGINEERING SUPPLIES Engineering Enterprise Search Name CONTRACTORS & SURVEYORS SUPPLY Search Name CROWN TROPHY E 01-4490-020-20 PLATE ENGRAVING - POLICE Police $360.00 $540.00 $900.00 $637.01 $637.01 $87.00 $87.00 $236.90 $236.90 $139.90 Account CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 08/02/16PAY Comments DEPT Descr Amount page 55 07/29/16 8:38 AM Page 3 Search Name CROWN TROPHY Search Name DAKOTA COUNTY FINANCIAL SERVIC E 01-4275-030-30 E 01-4275-020-20 E 05-4200-610-15 E 15-4200-610-60 E 01-4200-610-50 E 01-4330-460-30 E 01-4275-020-20 E 05-4200-610-15 E 15-4200-610-60 E 01-4200-610-70 E 01-4200-610-50 E 01-4275-030-30 E 01-4275-020-20 E 01-4220-040-40 E 01-4200-610-70 MAY/JUNE RADIO SERVICE WARRANTY COVERAGE - POLIC MAY/JUNE RADIO SERVICE MAY/JUNE RADIO SERVICE MAY/JUNE RADIO SERVICE RADIOS - FIRE MAY/JUNE RADIO SERVICE MAY/JUNE RADIO SERVICE MAY/JUNE RADIO SERVICE MAY/JUNE RADIO SERVICE MAY/JUNE RADIO SERVICE MAY/JUNE RADIO SERVICE MAY/JUNE RADIO SERVICE ROW PERMITS ANNUAL SUPPO MAY/JUNE RADIO SERVICE Search Name DAKOTA COUNTY FINANCIAL SERVIC Search Name DELL MARKETING L.P. E 01-4301-114-14 Search Name DELL MARKETING L.P. Search Name DELTA DENTAL E 08-4131-000-00 E 05-4131-105-15 E 01-4131-070-70 E 01-4131-050-50 E 01-4131-020-20 E 15-4131-060-60 G 01-2071 G 01-2074 E 01-4131-110-10 Search Name DELTA DENTAL COMPUTER REPLACEMENT AUGUST 2016 PREMIUM AUGUST 2016 PREMIUM AUGUST 2016 PREMIUM AUGUST 2016 PREMIUM AUGUST 2016 PREMIUM AUGUST 2016 PREMIUM AUGUST 2016 PREMIUM AUGUST 2016 PREMIUM AUGUST 2016 PREMIUM Search Name EMERGENCY RESPONSE SOLUTIONS E 01-4330-460-30 EQUIPMENT REPAIR - FIRE Search Name EMERGENCY RESPONSE SOLUTIONS Search Name FASTENAL INDUSTRIAL & CONSTR E 15-4305-060-60 OPERATING SUPPLIES - SEWE Search Name FASTENAL INDUSTRIAL & CONSTR Fire Police Engineering Enterprise Utility Enterprise Road & Bridges Fire Police Engineering Enterprise Utility Enterprise Parks & Recreation Road & Bridges Fire Police Code Enforcement/Inspe Parks & Recreation Info Tech Spec Fds Engineering Enterprise Parks & Recreation Road & Bridges Police Utility Enterprise Administration Fire Utility Enterprise Search Name FERRELLGAS E 01-4422-050-50 STREET MAINTENANCE SUPPLI Road & Bridges Search Name FERRELLGAS Search Name FLEET SERVICES E 01-4200-610-20 JUNE SQUAD LEASE Police Search Name FLEET SERVICES Search Name FLEETPRIDE E 15-4305-060-60 $139.90 $699.90 $1,558.68 $69.99 $23.33 $163.31 $600.00 $863.21 $69.99 $23.33 $93.32 $163.31 $699.90 $86121 $448.17 $93.32 $6,432.97 $1,824.52 $1,824.52 $44.60 $205.50 $321.80 $438.10 $732.80 $232.60 $930.40 $554.40 $160.90 $3,621.10 $47.50 $47.50 $4.96 $4.96 $177.03 $177.03 $5,243.80 $5,243.80 OPERATING SUPPLIES - SEWE Utility Enterprise $9.77 Account CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 08/02/16PAY Comments DEPT Descr Amount page 56 07/29/16 8:38 AM Page 4 Search Name FLEETPRIDE Search Name FRONTIER AG & TURF E 01-4330-490-70 EQUIPMENT REPAIR - PARKS E 01-4330-490-70 EQUIPMENT REPAIR - PARKS Search Name FRONTIER AG & TURF Search Name GERTENS GREENHOUSE E 45-4334-045-45 G 45-2035 G 45-2035 G 45-2035 E 45-4334-045-45 G 45-2035 E 01-4330-215-70 E 01-4330-215-70 E 15-4305-060-60 E 01-4330-215-70 E 15-4305-060-60 E 45-4334-045-45 E 45-4334-045-45 Search Name GERTENS GREENHOUSE Search Name GRAFIX SHOPPE E 01-4330-490-50 Search Name GRAFIX SHOPPE Search Name GRAINGER E 08-4335-000-00 E 01-4330-490-70 E 08-4335-000-00 E 01-4330-490-50 Search Name GRAINGER PAR 3 COURSE MAINT SUPPLIE PAR 3 COURSE MAINT SUPPLIE PAR 3 COURSE MAINT SUPPLIE PAR 3 COURSE MAINT SUPPLIE PAR 3 COURSE MAINT SUPPLIE PAR 3 COURSE MAINT SUPPLIE PARK MAINTENANCE SUPPLIES PARK MAINTENANCE SUPPLIES OPERATING SUPPLIES - SEWE PARK MAINTENANCE SUPPLIES OPERATING SUPPLIES - SEWE PAR 3 COURSE MAINT SUPPLIE PAR 3 COURSE MAINT SUPPLIE CITY LEI I ERING - STREETS BUILDING REPAIR - CITY HALL EQUIPMENT REPAIR - PARKS BUILDING REPAIR - CITY HALL EQUIPMENT REPAIR - STREETS Search Name GRANNIS & HAUGE, P.A. E 01-4222-120-20 JUNE PROSECUTIONS Search Name GRANNIS & HAUGE, P.A. Search Name I S D 197 E 01-4268-070-70 Search Name I S D 197 Parks & Recreation Parks & Recreation Golf Course Golf Course Parks & Recreation Parks & Recreation Utility Enterprise Parks & Recreation Utility Enterprise Golf Course Golf Course Road & Bridges Spec Fds Parks & Recreation Spec Fds Road & Bridges Police SIBLEY PARK MAINTENANCE A Parks & Recreation Search Name INNOVATIVE OFFICE SOLUTIONS E 01-4300-050-50 E 01-4300-020-20 E 15-4300-060-60 E 01-4300-640-12 E 01-4300-070-70 E 01-4300-640-12 E 01-4300-640-12 E 01-4300-020-20 E 01-4300-020-20 E 01-4300-110-10 E 01-4300-640-12 OFFICE SUPPLIES - STREETS OFFICE SUPPLIES - POLICE OFFICE SUPPLIES - SEWR OFFICE SUPPLIES - ELEC. I IONS OFFICE SUPPLIES - PARKS OFFICE SUPPLIES - ELEC. IIONS OFFICE SUPPLIES - ELECTIONS OFFICE SUPPLIES - POLICE OFFICE SUPPLIES - POLICE OFFICE SUPPLIES - ADMIN OFFICE SUPPLIES - ELEC I IONS Road & Bridges Police Utility Enterprise Elections Parks & Recreation Elections Elections Police Police Administration Elections $9.77 $183.62 $78.51 $262.13 $75.49 -$5.72 -$4.86 -$6.60 $102.54 -$10.11 $1,038.00 $74.85 $27.90 $65.90 $27.90 $157.11 $88.97 $1,631.37 $80.00 $80.00 $110.76 $22.25 $20.31 $22.25 $175.57 $5,891.00 $5,891.00 $19,218.93 $19,218.93 $3.76 $23.37 $3.76 $54.94 $3.76 $220.08 $2.16 -$7.84 $5.56 $45.16 $3.76 CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 08/02/16PAY Account Comments DEPT Descr Amount page 57 07/29/16 8:38 AM Page 5 Search Name INNOVATIVE OFFICE SOLUTIONS Search Name INTEGRA TELECOM E 01-4210-070-70 E 15-4210-060-60 E 01-4210-050-50 E 01-4210-020-20 E 05-4210-105-15 E 01-4210-040-40 E 01-4210-020-20 E 01-4210-110-10 Search Name INTEGRA TELECOM JUL/AUG PHONE SERVICE JUL/AUG PHONE SERVICE JUL/AUG PHONE SERVICE JUL/AUG PHONE SERVICE JUL/AUG PHONE SERVICE JUL/AUG PHONE SERVICE JUL/AUG PHONE SERVICE JUL/AUG PHONE SERVICE Search Name INTERSTATE BATTERY SYSTEM E 01-4330-440-20 EQUIPMENT REPAIR - POLICE E 01-4330-490-50 EQUIPMENT REPAIR - STREETS Search Name INTERSTATE BATTERY SYSTEM Search Name J & J GLASSING E 01-4490-109-09 Search Name J & J GLASSING Search Name JULIE I I E, JOE R 01-3365 Search Name JULIETTE, JOE Search Name KAT KEYS E 08-4335-000-00 E 01-4330-490-10 Search Name KAT KEYS Search Name LEL S G 01-2075 Search Name LE LS Search Name L M C I T3 E 01-4490-109-09 Search Name L M C I T3 Parks & Recreation Utility Enterprise Road & Bridges Police Engineering Enterprise Code Enforcement/Inspe Police Administration Police Road & Bridges MEMORIAL WREATH City Council PLANNING ESCROW REFUND BUILDING REPAIRS - CITY HAL Spec Fds FILE CABINET REPAIR - ADMIN Administration AUGUST UNION DUES INSURANCE COVERAGE - FIRE City Council Search Name LAKES MARKS I ING GROUP E 45-4490-045-45 PAR 3 ADVERTISING Search Name LAKES MARKE I ING GROUP Search Name LAWSON PRODUCTS, INC E 01-4305-070-70 OPERATING SUPPLIES - PARKS Search Name LAWSON PRODUCTS, INC Search Name LOCAL UNION NO. 70 G 01-2075 AUGUST UNION DUES Search Name LOCAL UNION NO. 70 Search Name LOGIS E 01-4301-030-30 E 01-4220-114-14 E 01-4223-020-20 Golf Course Parks & Recreation APPLICATION SUPPORT Fire PROFESSIONAL SERVICES - IT Info Tech APPLICATION SUPPORT Police $358.47 $57.99 $349.03 $57.99 $181.75 $242.39 $96.95 $387.82 $484.77 $1,858.69 $219.90 $17.95 $237.85 $105.00 $105.00 $500.00 $500.00 $115.80 $15.00 $130.80 $539.00 $539.00 $250.00 $250.00 $300.00 $300.00 $42.00 $42.00 $63.75 $63.75 $62.00 $440.00 $2,588.00 Account CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 08/02/16PAY Comments DEPT Descr Amount page 58 07/29/16 8:38 AM Page 6 Search Name LOGIS Search Name MCP A E 01-4404-020-20 Search Name MCP A Search Name MARKSTAAR E 01-4330-215-70 Search Name MARKSTAAR Search Name MAZZITELLO, JOHN E 05-4415-105-15 Search Name MAZZITELLO, JOHN Search Name MENARDS E 01-4335-310-50 E 08-4335-000-00 E 05-4305-105-15 E 08-4335-000-00 E 01-4335-310-70 E 15-4305-060-60 E 01-4335-310-70 E 01-4335-310-50 E 15-4305-060-60 E 08-4335-000-00 E 15-4335-310-60 Search Name MENARDS Search Name METRO SALES E 01-4300-080-80 E 01-4300-640-12 E 15-4330-400-60 E 01-4330-490-70 E 01-4330-490-50 E 05-4330-490-15 E 01-4330-445-40 E 01-4330-030-30 E 15-4330-490-60 E 05-4330-490-15 E 01-4300-080-80 E 01-4330-445-40 E 01-4330-030-30 E 01-4300-640-12 E 01-4330-490-10 E 01-4200-610-20 E 15-4330-490-60 E 01-4330-490-10 Search Name METRO SALES 2016 MEMBERSHIP Police PARKS MAINTENANCE SUPPLIE Parks & Recreation MILEAGE REIMBURSEMENT BUILDING MAINT SUPPLIES - P BUILDING MAINT SUPPLIES - C ENGINEERING SUPPLIES RETURN - CITY HALL SUPPLIES BUILDING MAINT SUPPLIES - P OPERATING SUPPLIES - SEWE BUILDING MAINT SUPPLIES - P BUILDING MAINT SUPPLIES - S OPERATING SUPPLIES - SEWE PLUMBING REPAIR - CITY HALL BUILDING MAINT SUPPLIES - P COPIER LEASE - ADMIN COPIER LEASE - ADMIN COPIER LEASE - P. WORKS COPIER LEASE - P. WORKS COPIER LEASE - P.WORKS COPIER LEASE - ADMIN COPIER LEASE - ADMIN COPIER LEASE - ADMIN COPIER LEASE - ADMIN COPIER LEASE - ADMIN COPIER LEASE - ADMIN COPIER LEASE - ADMIN COPIER LEASE - ADMIN COPIER LEASE - ADMIN COPIER LEASE - ADMIN COPIER LEASE - POLICE COPIER LEASE - ADMIN COPIER LEASE - ADMIN Search Name MID NORTHERN SERVICES E 15-4335-310-60 E 15-4335-310-60 E 01-4335-310-50 E 01-4335-310-70 P. WORKS REPAIR P. WORKS REPAIR P. WORKS REPAIR P. WORKS REPAIR Engineering Enterprise Road & Bridges Spec Fds Engineering Enterprise Spec Fds Parks & Recreation Utility Enterprise Parks & Recreation Road & Bridges Utility Enterprise Spec Fds Utility Enterprise Planning Elections Utility Enterprise Parks & Recreation Road & Bridges Engineering Enterprise Code Enforcement/Inspe Fire Utility Enterprise Engineering Enterprise Planning Code Enforcement/Inspe Fire Elections Administration Police Utility Enterprise Administration Utility Enterprise Utility Enterprise Road & Bridges Parks & Recreation $3,090.00 $60.00 $60.00 $1,760.20 $1,760.20 $93.42 $93.42 $185.00 $35.82 $49.78 -$27.99 $185.00 $90.29 $15.75 $15.76 $7.25 $95.10 $184.99 $836.75 $180.24 $317.88 $47.49 $47.48 $47.48 $15.34 $36.32 $62.41 $1.39 $2.94 $19.33 $9.41 $20.58 $65.06 $77.08 $218.79 $5.70 $336.48 $1,511.40 $52.34 $455.00 $455.00 $52.33 CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 08/02/16PAY Account Comments DEPT Descr Amount page 59 07/29/16 8:38 AM Page 7 E 01-4335-310-50 P. WORKS REPAIR E 01-4335-310-70 P. WORKS REPAIR E 28-4330-000-00 STREET LIGHT REPAIR Search Name MID NORTHERN SERVICES Search Name MIDWEST AQUA CARE, INC E 01-4330-215-70 ROGERS LAKE WEED TREATME G 29-1145 ROGERS LAKE WEED TREATME Search Name MIDWEST AQUA CARE, INC Search Name MIKELSONS, RALFS R 01-3365 Search Name MIKELSONS, RALFS Search Name MN BENEFIT ASSN G 01-2071 Search Name MN BENEFIT ASSN PLANNING ESCROW REFUND AUGUST PREMIUM Search Name MN GLOVE INC E 01-4305-050-50 OPERATING SUPPLIES - STREE Search Name MN GLOVE INC Search Name MN ST ADMIN ITG TELECOM SRVCE E 01-4210-030-30 MAY PHONE SERVICE - FIRE E 01-4210-030-30 APRIL PHONE SERVICE - FIRE Search Name MN ST ADMIN ITG TELECOM SRVCE Search Name NAPA AUTO PARTS E 01-4305-050-50 OPERATING SUPPLIES - STREE Road & Bridges Search Name NAPA AUTO PARTS Road & Bridges Parks & Recreation Spec Fds Parks & Recreation Road & Bridges Fire Fire Search Name NCPERS GROUP LIFE INS. G 01-2071 AUGUST PREMIUM Search Name NCPERS GROUP LIFE INS. Search Name NORTHERN TECHNOLOGIES, INC E 27-4220-794-00 MENDOTA ROAD WORK Search Name NORTHERN TECHNOLOGIES, INC Search Name NUSS TRUCK & EQUIPMENT E 01-4330-490-50 EQUIPMENT REPAIR - STREETS Search Name NUSS TRUCK & EQUIPMENT Search Name OPG -3, INC. E 01-4301-114-14 Search Name OPG -3, INC. Spec Fds Road & Bridges LASERFICHE ADDITIONAL LICE Info Tech Search Name OREILLY AUTO/FIRST CALL E 01-4305-050-50 OPERATING SUPPLIES - STREE E 01-4305-070-70 OPERATING SUPPLIES - PARKS Search Name OREILLY AUTO/FIRST CALL Search Name OXYGEN SERVICE CO E 01-4305-030-30 OPERATING SUPPLIES - FIRE Search Name OXYGEN SERVICE CO Road & Bridges Parks & Recreation Fire $52.33 $455.00 $4,345.00 $5,867.00 $1,517.50 $1,517.50 $3,035.00 $500.00 $500.00 $15.79 $15.79 $131.40 $131.40 $91.59 $59.04 $150.63 $44.97 $44.97 $32.00 $32.00 $1,389.50 $1,389.50 $176.19 $176.19 $1,563.34 $1,563.34 $24.44 $24.44 $48.88 $117.39 $117.39 CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 08102116PAY Account Comments DEPT Descr Amount page 60 07/29/16 8:38 AM Page 8 Search Name ROSEVILLE MIDWAY FORD E 01-4330-440-20 EQUIPMENT REPAIR - POLICE Police $141.58 Search Name ROSEVILLE MIDWAY FORD $141.58 Search Name SELECT ACCOUNT E 01-4490-020-20 JULY HSA FEE Police $15.93 E 01-4490-110-10 JULY 1 -ISA FEE Administration $9.93 E 01-4490-070-70 JULY HSA FEE Parks & Recreation $1.20 E 15-4490-060-60 JULY HSA FEE Utility Enterprise $4.22 E 01-4490-080-80 JULY HSA FEE Planning $2.11 E 05-4490-105-15 JULY HSA FEE Engineering Enterprise $2.40 E 01-4490-050-50 JULY HSA FEE Road & Bridges $3.31 Search Name SELECT ACCOUNT $39.10 Search Name SMITH, LORRI E 01-4300-640-12 Search Name SMITH, LORRI Search Name SPECTRUM SIGNS R 01-3365 ELECT ION SUPPLIES - REIMBU Elections $63.95 $63.95 PLANNING ESCROW REFUND $500.00 Search Name SPECTRUM SIGNS $500.00 Search Name SPRWS E 08-4425-000-00 JUNE WATER SERVICE Spec Fds $1,121.32 E 45-4425-045-45 JUNE WATER SERVICE Golf Course $50.09 E 01-4425-315-30 JUNE WATER SERVICE Fire $371.88 E 01-4425-070-70 JUNE WATER SERVICE Parks & Recreation $1,405.28 E 01-4425-070-70 JUNE WATER SERVICE Parks & Recreation $3,694.24 E 01-4425-310-50 JUNE WATER SERVICE Road & Bridges $20.63 E 01-4425-310-70 JUNE WATER SERVICE Parks & Recreation $20.63 E 15-4425-310-60 JUNE WATER SERVICE Utility Enterprise $20.62 Search Name SPRWS $6,704.69 Search Name STANTEC CONSULTING SERVICES E 01-4220-135-80 PLANNING - MENDOTA PLAZA Planning E 01-4220-135-80 DODD ROAD CORRIDOR STUD Planning Search Name STANTEC CONSULTING SERVICES Search Name STATE SUPPLY COMPANY E 01-4330-490-70 EQUIPMENT REPAIR - PARKS Search Name STATE SUPPLY COMPANY $1,360.00 $5,740.50 $7,100.50 Parks & Recreation $70.00 $70.00 Search Name STERLING CODIFIERS, INC E 01-4220-110-10 SUPPLEMENT #25 Administration $1,011.00 Search Name STERLING CODIFIERS, INC $1,011.00 Search Name SUMMIT COMPANIES E 08-4335-000-00 ANNUAL SPRINKLER INSPECT - Spec Fds $360.00 Search Name SUMMIT COMPANIES $360.00 Search Name SUN LIFE E 01-4131-110-10 E 01-4131-020-20 E 01-4131-050-50 AUGUST DISABILITY PREMIUM Administration AUGUST DISABILITY PREMIUM Police AUGUST DISABILITY PREMIUM Road & Bridges $260.67 $521.23 $320.50 Account CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 08/02/16PAY Comments DEPT Descr Amount page 61 07/29/16 8:38 AM Page 9 E 01-4131-070-70 E 05-4131-105-15 E 08-4131-000-00 E 15-4131-060-60 G 01-2071 G 01-2074 Search Name SUN LIFE AUGUST DISABILITY PREMIUM AUGUST DISABILITY PREMIUM AUGUST DISABILITY PREMIUM AUGUST DISABILITY PREMIUM AUGUST DISABILITY PREMIUM AUGUST DISABILITY PREMIUM Search Name TASER INTERNATIONAL E 01-4305-020-20 TASERS - POLICE Search Name TASER INTERNATIONAL Search Name TAURINSKAS, JILL E 01-4435-200-70 Search Name TAURINSKAS, JILL Search Name THE GOOD PRINTER E 01-4490-109-09 Search Name THE GOOD PRINTER Search Name TRI STATE BOBCAT E 01-4330-490-50 E 01-4330-490-50 E 01-4330-490-50 E 01-4330-490-50 Search Name TRI STATE BOBCAT Parks & Recreation Engineering Enterprise Spec Fds Utility Enterprise Police FISHING DERBY WINNER LICE Parks & Recreation PILOT KNOB POCKET GUIDE EQUIPMENT REPAIR - STREETS EQUIPMENT REPAIR - STREETS EQUIPMENT REPAIR - STREETS EQUIPMENT REPAIR - STREETS Search Name TWIN CITY TELEPHONE E 01-4330-440-20 TELEPHONE SYSTEM REPAIR Search Name TWIN CITY TELEPHONE Search Name U. S. BANK E 01-4402-030-30 E 01-4435-200-70 E 05-4305-105-15 E 05-4490-105-15 E 01-4400-020-20 E 01-4490-109-09 E 01-4300-070-70 E 01-4435-200-70 E 01-4435-200-70 E 45-4490-045-45 E 45-4490-045-45 E 08-4280-000-00 E 05-4400-105-15 E 01-4435-200-70 E 01-4435-200-70 Search Name U. S. BANK BOOKS - FIRE PLAYGROUND SUPPLIES ENGINEERING SUPPLIES LICENSE RENEWAL - RUZEK CONFERENCE TRAVEL EXP - W COUNCIL MEETING SUPPLIES OFFICE SUPPLIES - PARKS FISHING DERBY SUPPLIES FIELD TRIPS PAR 3 ADVERTISING PAR 3 SUPPLIES RECYCLING - C. HALL CONFERENCE REGISTRATION - TENNIS REGISTRATION PLAYGROUND SUPPLIES Search Name ULTIMATE SAFETY CONCEPTS E 01-4305-156-30 OPERATING SUPPLIES - FIRE Search Name ULTIMATE SAFETY CONCEPTS Search Name UNIVERSITY OF MINNESOTA E 01-4400-070-70 MN CERTIFIED TREE INSPECT City Council Road & Bridges Road & Bridges Road & Bridges Road & Bridges Police Fire Parks & Recreation Engineering Enterprise Engineering Enterprise Police City Council Parks & Recreation Parks & Recreation Parks & Recreation Golf Course Golf Course Spec Fds Engineering Enterprise Parks & Recreation Parks & Recreation Fire Parks & Recreation $25L36 $84.09 $90.01 $96.22 $1,238.60 $16.93 $2,879.61 $16,066.68 $16,066.68 $304.00 $304.00 $904.20 $904.20 $80.00 $490.37 $99.98 $154.00 $82435 $131.00 $131.00 $112.48 $74.75 $35.98 $152.00 $522.98 $135.51 $71.75 $397.01 $3,072.43 $725.00 $250.00 $6.45 $799.00 $555.00 $1,166.41 $8,076.75 $1,461.52 $1,461.52 $85.00 CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 08/02/16PAY Account Comments DEPT Descr Amount page 62 07/29/16 8:38 AM Page 10 E 15-4400-060-60 PESTICIDE APPLICATOR WORK Utility Enterprise $140.00 Search Name UNIVERSITY OF MINNESOTA $225.00 Search Name WALLRAFF ELECTRIC CO. E 01-4335-315-30 ELECTRICAL WORK - FIRE STA Fire $135.50 Search Name WALLRAFF ELECTRIC CO. $135.50 Search Name ZEE MEDICAL SVC E 01-4305-050-50 E 01-4305-070-70 E 15-4305-060-60 Search Name ZEE MEDICAL SVC Search Name ZIEGLER INC E 01-4330-490-50 E 01-4330-490-50 Search Name ZIEGLER INC OPERATING SUPPLIES - P. WO Road & Bridges OPERATING SUPPLIES - P. WO Parks & Recreation OPERATING SUPPLIES - P. WO Utility Enterprise $26.88 $26.88 $26.89 $80.65 EQUIPMENT REPAIR - STREETS Road & Bridges $23.04 EQUIPMENT REPAIR - STREETS Road & Bridges $171.72 $194.76 $148,039.92 m CITY OF MEN DOT A HEIGHTS 1101 Victoria Curve 1 MendoCa Hc1g-ht6 N 55118 651.452.1850 phone 1651.452.8940 fax www.rnendota-heights.com Request for City Council Action MEETING DATE: August 2, 2016 TO: Mayor and City Council, City Administrator FROM: Dave Dreelan, Assistant Fire Chief SUBJECT: Out of State Travel COMMENT: Introduction This item has been placed on the agenda for your consideration, as the Travel Authorization and Expense Reimbursement Policy requires that all out-of-state conferences, seminars, workshops, training or other education related expenses must be approved in advance by the City Council at an open meeting and must include an estimate of the cost of the travel. Background Nozzle Forward training with live burns is being held in Monroe, WI on August 9, 10, 11 & 12, 2016. Discussion This conference was budgeted for in 2016, and authorization is being requested for Dale Stein, Training Coordinator to attend. This training is for structural firefighting and hose line management. Budget Impact The cost of the registration for the conference is $310.00, the hotel is estimated to cost $262.77, and meals for the four days would be $204.00 (based on GSA). There is money in the budget for this conference. Recommendation Staff recommends that the Mendota Heights City Council approve the out-of-state travel for the Nozzle Forward class in Monroe, WI. Action Required If Council agrees with the recommendation, they should approve the out-of-state travel for Dale Stein to the Southern Wisconsin & Northern Illinois Fire School in Monroe, WI. CITY OF MENDOTA HEIGHTS DATE: August 2, 2016 TO: Mayor and City Council FROM: Mike Aschenbrener, Chief of Police SUBJECT: Personnel Action Item 5p. 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.menclota-heIghts.com COMMENT: INTRODUCTION The police department is in process of hiring a replacement for Officer Steve Meyer who retired. One step in the process is to conduct a thorough background check. The department is seeking authorization to hire an investigator to complete back ground checks as a casual employee. BACKGROUND Earlier this year the City Council authorized the replacement of Officer Meyer the background check is a statutorily required step. The background checks are very labor intensive processes requiring specialized training and interviewing experience. We used other police agencies for this service one of the departments contracted with Terri Berg to provide this for us. Berg provides this service multiple city and county departments in Minnesota. With a single investigator handling all investigations for Mendota Heights Police it would be an appropriate use of services to contract for this service BUDGET IMPACT The temporary services line of the police department has money set aside for special services and finance indicates that the line item has the money available. Berg would be brought on as a casual employee at $35.00 per hour. Any out of state travel would be agreed upon in advance. Out of state travel has been rare but a recent hire did require approximately three days out of state. RECOMMENDATION I recommend that the Council authorize the Police Department to hire Terri Berg as a casual employee for the specific purpose of completing background checks. ACTION REQUIRED If the Council concurs, it should, by motion, authorize the hiring of Terri Berg as a casual employee to complete background checks on an as needed basis. CITY OF MENDOTA HEIGHTS 1101 Victoria Curve 1 Mendopage ta Heights. MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com Request for City Council Action MEETING DATE: August 2, 2016 TO: Mayor and City Council, City Administrator FROM: Nolan Wall, AICP — Planner SUBJECT: Resolution Approving Conditional Use Permit at 1295 Kendon Lane COMMENT: Introduction The applicant, on behalf of the property owner, is seeking a conditional use permit to install a roof -mounted solar energy system at 1295 Kendon Lane. The City Code allows solar energy systems as a conditional use in all zoning districts, subject to conditions. Background The subject parcel is approximately 1.29 acres and contains an existing single-family residential dwelling with an attached garage. The proposed solar energy system is complaint with the applicable City Code standards for such a structure and for conditional use permits. The proposed conditions of approval require a building permit to be issued prior to installation and abandonment provisions. The Planning Commission conducted a public hearing at the July 26 meeting; there were no public comments. Discussion The City is using its quasi-judicial authority when considering action on subdivision and zoning requests and has limited discretion; a determination regarding whether or not the request meets the applicable code standards is required. Budget Impact N/A Recommendation The Planning Commission recommended approval of the request, with conditions, as described in Planning Case 2016-24. If the City Council desires to implement the recommendation, pass a motion adopting RESOLUTION 2016-62 APPROVING A CONDITIONAL USE PERMIT AT 1295 KENDON LANE. Action Required This matter requires a simple majority vote. page 65 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2016-62 RESOLUTION APPROVING A CONDITIONAL USE PERMIT AT 1295 KENDON LANE WHEREAS, All Energy Solar, on behalf of the property owner, has applied for a conditional use permit as proposed in Planning Case 2016-24 and described in Exhibit A; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this matter at their regular meeting on July 26, 2016. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the conditional use permit request as proposed in Planning Case 2016-24 is hereby approved with the finding of fact that the proposed project is compliant with the applicable City Code requirements. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the conditional use permit request as proposed in Planning Case 2016-24 is hereby approved with the following conditions: 1. The applicant obtains a building permit prior to installation of the proposed solar energy system. 2. If the proposed solar energy system remains nonfunctional or inoperable for a continuous period of twelve (12) months, it shall be deemed to be abandoned and shall be deemed a public nuisance. 3. If abandoned, the property owners shall remove the abandoned system, including the entire structure and transmission equipment, at their expense after obtaining a demolition permit. Adopted by the City Council of the City of Mendota Heights this second day of August, 2016. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST: Lorri Smith, City Clerk DATE: TO: FROM: SUBJECT: CITY OF MENDOTA HEIGHTS APPLICANT: PROPERTY ADDRESS: ZONING/GUIDED: ACTION DEADLINE: page 66 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.menclota-heghts.com Planning Staff Report July 26, 2016 Planning Commission Nolan Wall, AICP — Planner Planning Case 2016-24 Conditional Use Permit All Energy Solar 1295 Kendon Lane R-1 One -Family Residential/LR-Low Density Residential August 22, 2016 (60 days) DESCRIPTION OF THE REQUEST The applicant, on behalf of the property owner, is seeking a conditional use permit to install a roof -mounted solar energy system at 1295 Kendon Lane. Title 12 -1D -18-A allows solar energy systems as a conditional use in all zoning districts, subject to conditions. BACKGROUND The subject parcel is approximately 1.29 acres and contains a single-family residential dwelling with an attached garage. The City Council recently adopted Ordinance 485 creating standards for alternative energy systems, as part of Planning Case 2015-34. The intent was to ensure the same standards are applied to each solar energy system in an effort to encourage sustainable practices that do not adversely impact the community. ANALYSIS Comprehensive Plan Solar access protection is included in the Land Use Plan -Resource Protection section of the 2030 Comprehensive Plan (page 72-73): Solar Access Protection The City of Mendota Heights has historically planned for solar access protection within its Comprehensive Plans. The rationale for including a solar access protection element in the Comprehensive Plan is to assure the availability of direct sunlight to solar energy systems. A large share of the energy consumed in Minnesota is used for purposes that solar energy could well serve such as space heating and cooling, domestic hot water heating and low-temperature industrial processes. Collection of solar energy requires protection of solar collectors' sky space. Solar sky space is the portion of the sky that must be free of intervening trees or structures for a collector to receive unobstructed sunlight. According to the Minnesota Energy Agency, "simple flat plate collectors have the potential to supply one-half of Minnesota's space hea water heating and low-temperature industrial process heat requirements." Solar Access Goals and Policies: Goal 1: Protect reasonable access to direct sunlight for solar energy systems. Poling, Policies: • Consider modification of existing ordinances to protect access of direct sunlight to rooftops of all principal structures. • Encourage developers to establish covenants that do not restrict the development and use of active and/or passive solar energy systems. • Encourage buildings and developers to offer solar energy system options, to the extent practical, for space heating and cooling and hot water heating in new residential, commercial and industrial developments. Conditional Use Permit Title 12 -1D -18-A-3 of the City Code includes the following standards for roof -mounted solar energy systems: Roof Mounted Systems: a. Height: The maximum height of the system shall not exceed the structure height requirements in the applicable zoning district. The existing dwelling was constructed in 1993. According to the elevation drawings submitted by the applicant, the tallest point of the existing roofline on the east elevation is 19 feet -10 inches, which is compliant with the R-1 District height requirement. The proposed panels mounted on this section of the roof will only extend three inches above the roofline and will still meet the applicable height requirement, assuming the dwelling was constructed in compliance with the 25 -foot height requirement. b. Setbacks: The system shall comply with all building setback requirements in the applicable zoning district and shall not extend beyond the exterior perimeter of the building on which the system is mounted. The proposed solar energy system will not extend beyond the exterior perimeter of the building. c. Mounting: The system shall be flush mounted on pitched roofs or may be bracket mounted on flat roofs. Bracket mounted collectors shall only be permitted when a determination is provided by a licensed professional qualified to certify that the underlying roof structure will support loading requirements and all applicable building standards are satisfied. The proposed solar energy system will be flush -mounted to the pitched roof structure. d. Maximum Area: The system shall not cover more than eighty percent (80%) of the roof section upon which the panels are mounted. The proposed solar panel area is approximately 646 square feet, which will occupy approximately 67% of the total applicable roof section. In addition, Title 12-1D-18 of the City Code includes the following additional conditions for all solar energy systems: 5. Screening: Solar energy systems shall be screened from view to the extent posliNg Vithout impacting their function. Systems located within the business and industrial zoning districts may be required to comply with the standards in subsection 12 -1D -13-2C7 of this article where practical. According to the applicant: The east pitch of the roof is obscured from view on the street that runs in front of the home by a dense stand of trees. These trees block the view of this roof slope all along this road. Furthermore, staff notes that the roof in -question faces LeMay Lake and there are no adjacent residential structures to the east. 6. Color: Solar energy systems shall use colors that blend with the color of the roof material on which the system is mounted or other structures. According to the applicant: The customer's roof is a green metal standing seam roof. As there are currently no green solar panels available on the market, we opt for a subtle, unobtrusive panel with industry standard black cells, standard silver frame, and white back sheet. 7. Glare: Reflection angles from collector surfaces shall be oriented away from neighboring windows and minimize glare toward vehicular traffic and adjacent properties. Where necessary, the city may require additional screening to address glare. According to the applicant, panels are equipped with a factory anti -glare coating which minimizes glare levels. This ensures that the production is maximized as less light leaves the panel themselves. 8. Utility Connection: a. All utilities shall be installed underground. According to the applicant, none are required since the proposed solar energy system is roof -mounted. b. An exterior utility disconnect switch shall be installed at the electric meter serving the property. The proposed project includes the required exterior switch. c. Solar energy systems shall be grounded to protect against natural lightning strikes in conformance with the national electrical code. According to the applicant, this is incorporated into the system's design and will be verified by the electrical inspector. d. No solar energy system shall be interconnected with a local electrical utility company until the company has provided the appropriate authorization to the city, in compliance with the national electrical code. The applicant is required to submit this information as part of the building permit submittal. 9. Safety: a. Standards: Solar energy systems shall meet the minimum standards outlined by the International Electrotechnical Commission (IEC), the American Society Of Heating, Refrigerating, And Air- Conditioning Engineers (ASHRAE), ASTM International, British Standards Instiffin 69(BSI), International Organization For Standardization (ISO), Underwriter's Laboratory (UL), the Solar Rating And Certification Corporation (SRCC) or other standards as determined by the city building official. b. Certification: Solar energy systems shall be certified by Underwriters Laboratories, Inc., and the National Renewable Energy Laboratory, the Solar Rating And Certification Corporation or other body as determined by the community development director. The city reserves the right to deny a building permit for proposed solar energy systems deemed to have inadequate certification. According to the applicant, the proposed project will be compliant with these requirements. 10. Easements: Solar energy systems shall not encroach upon any public drainage, utility, roadway, or trail easements. The proposed solar energy system will not encroach on any easements. 11. Abandonment: Any solar energy system which remains nonfunctional or inoperable for a continuous period of twelve (12) months shall be deemed to be abandoned and shall be deemed a public nuisance. The owners shall remove the abandoned system, including the entire structure and transmission equipment, at their expense after obtaining a demolition permit. This requirement is included as a conditional of approval. Title 12 -1L -6-E-1 of the City Code contains standards for reviewing conditional use permit requests; the following are to be taken into consideration: • The effect of the proposed use upon the health, safety, and welfare of occupants or surrounding lands, • existing and anticipated traffic conditions including parking facilities on adjacent streets; and • the effect of the proposed use on the comprehensive plan. In addition, the following standards must be met: • The proposed use will not be detrimental to the health, safety or general welfare of the community; • will not cause serious traffic congestion nor hazards; • will not seriously depreciate surrounding property value; and • the proposed use is in harmony with the general purpose and intent of the City Code and the comprehensive plan. Based on the information included in the application submittal and provided by the applicant, the proposed project is compliant with the applicable solar energy system and conditional use permit standards. ALTERNATIVES 1. Recommend approval of the conditional use permit request, based on the finding of fact that the proposed project is compliant with the applicable City Code requirements, with conditions. OR 2. Recommend denial of the conditional use permit request, based on the finding(s) of fact determined by the Planning Commission and/or City Council. OR 3. Table the request and direct staff to extend the application review period an additions gb 6Rys, in compliance with MN STAT. 15.99. STAFF RECOMMENDATION Staff recommends approval of the conditional use permit request based on the finding of fact that the proposed project is compliant with the applicable City Code requirements (Alternative 1), with the following conditions: 1. The applicant obtains a building permit prior to installation of the proposed solar energy system. 2. If the proposed solar energy system remains nonfunctional or inoperable for a continuous period of twelve (12) months, it shall be deemed to be abandoned and shall be deemed a public nuisance. 3. If abandoned, the property owners shall remove the abandoned system, including the entire structure and transmission equipment, at their expense after obtaining a demolition permit. MATERIALS INCLUDED FOR REVIEW 1. Aerial site map 2. Planning applications, including supporting materials Planning Case 2016-24 1295 Kendon Lane Date: 7/20/2016 0 75 SCALE IN FEET page 71 City of mMendota Heights GIS Map Disclaimer: This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat, survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information contained in this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errors or omissions herein. If discrepancies are found, please contact the City of Mendota Heights. Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation. • ALL • ENERGY SOLAR 7542 Carroll Ave St. Paul, MN 55104 www.allenergysolar.com City of Mendota Heights, Planning Commission/City Council City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 RE: David Hiner flush roof mount solar array 1295 Kendon Ln Mendota Heights, MN 55120-1226 06/20/2016 Dear Planning Commission; We are applying for a CUP for this roof mounted solar array because it is required by the City of Mendota Heights. The resident of this property is looking at generating their own power from a reliable clean energy source. Due to the existing house and landscape, a roof mounted solar project is the most appropriate application. The power generated from this solar array will be used by the resident first. The small amount of energy not used immediately by the resident will be exported to the utility company servicing this property. An interconnection agreement with that Utility has already been established. We at All Energy Solar request that the Planning Commission approve this CUP for the following reason. • This project has complied with all the conditional use permit application requirements. • This project has complied with all the Alternative Energy Systems document 12-1D-18. Particular to this project; Roof mounted systems, utility connection, safety. We at All Energy Solar truly believe that in order to continue to offer our services at the most competitive prices, standards in permitting need to be established across our state. We implore the City of Mendota Heights to consider lifting the requirements that CUP be necessary for all roof mounted solar arrays, especially residential projects. It adds unnecessary time and cost to a project that is, in general, beneficial for everyone involved, We look forward to working with Mendota Heights throughout this process and hope to be used as a resource for any additional information they may need to adjust their ordinances towards solar energy. Vice 'resident, All Energy Solar DocuSign Envelope ID: BA32759A-D9C9-4833••A25E-A930FOFC383B page 73 PLANNING APPLICATION Office Use Only: Case : ?,-, (6 - ? K Fee Pais Application Date: 6 2 2/ < < Staff Initia Applic able3rdinar ce ; l 2- I Section ( 0 Existing Zoning: - l Proposed Zoning: Existing Use: C P (2- e c- d cwt-/ I Proposed Use: 4 Oma - G/27 Property Address/Street Location: 1295 Kendon LnMedota Heights, MN 55120-1226 Applicant Name: Corrett 11511mh3mt Gihd y L Son °W.g(//hone: 651-888-4173mm Applicant E -Mail Address._"_ . 6-:itA ,1i4%h0110i/call wS010:/ eon Applicant Mailing Address: 1642 Carroll Ave ST. Paul MN 55104 Property Owner Name: Dave Hiner Phone: (651) 442-8656 Property Owner Mailing Address:1295 Kendon Ln Mendota Heights, MN 55120-1226 Legal Description & PIN of Property: (Complete Legal from Title or Deed must be provided) Lot 12 Block 3 Furlong Addition Type of Request: LJ Rezoning ❑ Variance ❑ Lot Split/Adjustment ❑ Code Amendment it Conditional Use Permi Li Wetlands Permit ❑ Critical Area Permit ❑ Appeal ❑ Interim Use Permit ❑ Preliminary/Final Plat Approval ❑ Comprehensive Plan Amendment LI Other I hereby declare that all statements made in this request and on the additional rnaterial are true. I further authorize City Officials and agents to ins riecj the above property during daylight hours. OtA, (,A,rsbA, 0'1 ,1, 6/21/2016 gE2"193 PSH-" Signature opplicant Date l—DocuSigned by: RA A(,L C111A,Gr Signa OitnYtThner 6/20/2016 Date Signature of Owner (if more than one) Planning Application modified 6/1/2016 Date Page 1 of 1 ,,,rtnripmarr page 74 tea. :55118. A CONDITIONAL USE PERMIT APPLICATION Applications will be scheduled for consideration by the Planning Commission and/or City Council only after all required materials have been submitted. Application submittal deadlines are available on the City's website or by contacting the City Planner, Late or incomplete applications will not be put on the agenda. Office Use Only: Case #: 2.1 A - 2-`( Applicant: 61.4, Address 124 c- g - d • APPLICATION REQUIREMENTS: Electronic and hard copies of all the required materials must be submitted according to the current application submittal schedule. Submit 1 electronic copy and 2 hard copies (full-size/to-scale) of all required plans. The following materials must be subrnitted for the application to be considered complete: • Fee, as included in current Fee Schedule (check payable to City of Mendota Heights), NOTE: Planning Application fees do not cover building permit fees, utilities, or other fees which may be required to complete the project. 1 Completed Application Form(s). 1 Letter of Intent. • Required Plans. APPLICANT MUST CHECK ALL APPLICABLE ITEMS INCLUDED IN THE SUBMITTAL Site Development Plan: ill Location of all buildings, including existing and proposed. • Location of all adjacent buildings located within 350' of the exterior boundaries of the property in question. LI Floor area ratio. LI Location and number of existing and proposed parking spaces. La Vehicular circulation, • Architectural elevations (type and materials used on all external surfaces). LI Sewer and water alignment, existing and proposed. LI Location and candle power of all luminaries. LI Location of all existing easements, Conditional Use Permit Application modified 4/5/2016) Page 1 of 2 Dimension Plan: i Lot dimensions and area. II Dimensions of proposed and existing structures. ❑ "Typical' floor plan and "typical" room plan. ❑ Setbacks on all structures existing or proposed on property in question. Proposed setbacks. Grading Plan: ❑ Existing contour. • Proposed grading elevations, ❑ Drainage configuration. ❑ Storm sewer catch basins and invert elevations. ❑ Spot elevations. LI Proposed road profile. Landscape Plan: ❑ Location of all existing trees, type, diameter and which trees will be removed. 13 Location, type and diameter of all proposed plantings. ❑ Location and material used of all screening devices. NOTES: page 75 I -We are proposing the installation of a flush, roof mounted Solar PV system on the roof of the existing residence on the property. Conditional Use Permit Application (modified 4/5/2016) Page 2 of 2 page 76 ALL ENERGY COMPANY INFORMATION ALL ENERGY SOLAR, INC 1642 CARROLL AVE ST PAUL, MN 55104 (800) 620-3370 INFO@ALLENERGYSOLAR.COM CLIENT INFORMATION DAVID A HINER 1295 KENDON LN MENDOTA HEIGHTS, MN 55120 PO 13410 SYSTEM DETAILS NOTES: 1. (35) SILICON ENERGY 280W MODULES = 9.80kW 2. MOUNTING TYPE: FLUSH MOUNT 3. (1) SOLAREDGE SE 10000A -US INVERTER(S) 4. ARRAY 1: 23° TILT, 90° AZIMUTH REVISIONS LAST: 06/21/16 MG AZIMUTH ili PROJECT -PAGE TITLE COVER PAGE PAGE NUMBER AO DISTANCES SOLAR PANELS - OPTIMIZERS: 5' MAX OPTIMIZERS - INVERTER: 200' MAX INVERTER - UTILITY AC DISCONNECT [1 OF 2]: 2' UTILITY AC DISCONNECT [1 OF 2] - PV PRODUCTION METER: 2' PV PRODUCTION METER - FUSED AC DISCONNECT [2 OF 2]: 2' FUSED AC DISCONNECT [2 OF 2] - TERMINAL BOX: 2' TERMINAL BOX - BI-DIRECTIONAL METER: 2' BI-DIRECTIONAL METER- MAIN ELECTRIC SERVICE: 5' CALL -OUTS: 1: SOLAR PANELS 2: OPTIMIZERS 3: INVERTER 4: UTILITY AC DISCONNECT [1 OF 2] 5: PV PRODUCTION METER 6: FUSED AC DISCONNECT [2 OF 2] 7: TERMINAL BOX 8: BI-DIRECTIONAL METER 9: MAIN ELECTRIC SERVICE NOTES: 1. LOCATION OF SERVICE PANEL AND ELECTRICAL EQUIPMENT ARE SHOWN. FINAL LOCATION MAY CHANGE 2. LOCATION OF SERVICE PANEL AND ADDITIONAL ELECTRICAL EQUIPMENT NOT DRAWN TO SCALE 3. AC DISCONNECT AND PRODUCTION METER WITHIN 10' OF MAIN SERVICE METER/BI-DIRECTIONAL METER. 4. PV EQUIPMENT SHALL BE INSTALLED IN ACCORDANCE WITH NEC 690 AND POSTED WITH APPLICABLE WARNINGS, SIGNAGE, AND PLAQUES PER NEC 705-10, 690-17, & 690-64 (b)(5). 5. STRINGS: (1) STRING(S) OF 18 (1) STRING(S) OF 17 LABELS LOCATED ON PV PRODUCTION METER, BI- DIRECTIONAL METER, AC DISCONNECT, INVERTER(S), AND APPROPRIATE LABELS ON MAIN ELECTRIC SERVICE. ALL LABELS ARE PERMANENT AND DURABLE THERE ARE NO CLEARANCE ISSUES DUE TO OVERHEAD POWERLINES. N N N N N 16' 11" 11' 1" 8 7 6 5 4 3 9 00 N KENDON LN 0 '.0 N ___I1 2 00 00 16' 7" 18' 8" z ROOF AREA z 962ft2 TOTAL ARRAY AREA x 646ft2 ARRAY COVERS 67.1% OF ROOF SECTION page 77 ALL ENERGY COMPANY INFORMATION ALL ENERGY SOLAR, INC 1642 CARROLL AVE ST PAUL, MN 55104 (800) 620-3370 INFO@ALLENERGYSOLAR.COM CLIENT INFORMATION DAVID A HINER 1295 KENDON LN MENDOTA HEIGHTS, MN 55120 PO 13410 SYSTEM DETAILS NOTES: 1. (1) SOLAREDGE SE10000A-US INVERTER(S) 2. ARRAY 1: 90° AZIMUTH, 23° TILT (35) SILICON ENERGY 280W = 9.80kW REVISIONS LAST: 06/21/16 MG AZIMUTH N PROJECT -PAGE TITLE INTERCONNECTION SITE MAP PAGE NUMBER Al N M 80'10" TOTAL LOT AREA x 45246ft2 450' PROPERTY LINE page 78 'NO/ ALL j ENERGY COMPANY INFORMATION ALL ENERGY SOLAR, INC 1642 CARROLL AVE ST PAUL, MN 55104 (800) 620-3370 INFO@ALLENERGYSOLAR.COM CLIENT INFORMATION DAVID A HINER 1295 KENDON LN MENDOTA HEIGHTS, MN 55120 PO 13410 SYSTEM DETAILS REVISIONS LAST: 06/21/16 MG AZIMUTH N PROJECT -PAGE TITLE DIMENSION PLAN PAGE NUMBER A2 FURLONG AVE LAKEVIEW AVE page 79 \i ALL ENERGY COMPANY INFORMATION ALL ENERGY SOLAR, INC 1642 CARROLL AVE ST PAUL, MN 55104 (800) 620-3370 INFO@ALLENERGYSOLAR.COM CLIENT INFORMATION DAVID A HINER 1295 KENDON LN MENDOTA HEIGHTS, MN 55120 PO 13410 SYSTEM DETAILS REVISIONS LAST: 06/21/16 MG AZIMUTH N PROJECT -PAGE TITLE SITE DEVELOPMENT PLAN PAGE NUMBER A3 EAST ELEVATION 56' 2" N SOUTH ELEVATION ALL 80 ENERGY COMPANY INFORMATION ALL ENERGY SOLAR, INC 1642 CARROLL AVE ST PAUL, MN 55104 (800) 620-3370 INFO@ALLENERGYSOLAR.COM CLIENT INFORMATION DAVID A HINER 1295 KENDON LN MENDOTA HEIGHTS, MN 55120 PO 13410 SYSTEM DETAILS NOTES: 1. ELEVATIONS MAY VARY DEPENDING ON GROUND ELEVATION BUT ARE DRAWN TO THE BEST OF OUR ABILITY 2. 2X4 & 2X6 TRUSSES @24"OC REVISIONS LAST: 06/21/16 MG AZIMUTH PROJECT -PAGE TITLE ELEVATION DRAWINGS PAGE NUMBER A5 Snap rack Solar Mounting Solutions apnrack.com Series 100 Residential Roof Mount System The SnapNrack Series 100 UL Roof Mount System is an efficient, visually appealing, photovoltaic (PV) module installation system. Series 100 UL is listed to the UL 2703 for grounding/bonding and fire classification. The System's components provide an adequate bonding path which has eliminated the need for grounding lugs and wash- ers at each module, and bonding jumpers between splices. In addition to grounding and bonding, the roof mount system, Series 100 UL, is Class A Fire Rated when in- stalled with Type I and Type II Modules. SnapNrack's UL 2703 Certification and Com- pliance ensures that SnapNrack installers can continue to provide the best in class installations in quality, safety and efficiency. • Appealing design with built-in aesthetics • No grounding lugs required for modules • All bonding hardware is fully integrated into the components • Rail splices bond rails together, no rail jump- ers required • Proprietary SnapNrack grounding lug snaps in the rail channel • No drilling of rail or reaching for other tools required • Class A Fire Rating for Type 1 and 2 modules System Features Include Am Snap in Hardware Integrated Wire Management Single Tool Installation Preassembled hardware Easy Leveling Integrated bonding r No Cutting or Drilling UL 2703 Certified Resources snapnrack.com/resources Design configure.snapnrack.com Where to Buy snapnrack.com/buy SnapN rack Solar Mounting Solutions page snapnrack.com Stainless Bolt with Split -Lock Washer Bonding Bonding Adjustable End Clamp Top SnapNrackBonding Adjustableilk— End Clamp Bottom SnapNrack Bonding Adjustable End Clamp Stainless Steel Bolt with Split - Lock Washer SnapNrack Bonding Mid Clamp SnapNrack Bonding Channel Nut SnapNrack Bonding Mid Clamp J SnapNrack Bonding p117Insert SnapNrack Splice Base Stainless Hardware with Split -Lock Washers SnapNrack Bonding __, Standard Rail Splice SnapNrack Bonding Standoff Clamp Assembly Alk SnapNrack Rubber Rain Collar SnapNrack - Mill Finish Standoff SnapNrack Mill Finish Standoff Base (1 -Hole Base Shown) `SnapNrack Bonding Standoff Assembly Serrated Stainless Steel Flange Nut Serrated Stainless Steel Flange Bolt SnapNrack Bonding Channel Nut SnapNrack 92 Degree L Foot SnapNrack SnapNrack Mill Finish L Foot L Foot Base Flashing SnapNrack Bonding L Foot Base with Flashing SnapNrack Standard Rail Stainless — Bolt with Split Lock Washer SnapNrack Ground Lug SnapNrack Bonding Channel Nut 12-6 AWG — Copper Wire _ SnapNrack Ground Lug Assembly (ONE REQUIRED PER ROW OF MODULES) — SnapNrack Bonding Universal End Clamp (UEC) Wave UEC Pull Strap UEC Wedge SnapNrack Bonding Channel Nut Stainless Flange Nut Stainless Flange Bolt SnapNrack All Purpose L Foot L SnapNrack Metal Roof Base Assembly SnapNrack Metal Roof Base with Bonding L Foot Stainless Steel Bolt with Flat Washer SnapNrack Bonding Universal End Clamp SERIES 100 TECHNICAL DATA Materials • 6000 Series aluminum • Stainless steel • Galvanized steel and aluminum flashing Material Finish • Clear and black anodized aluminum • Mill finish on select components Calcs. & Certifications • Listed to UL Standard 2703 for Grounding/Bonding and Fire Classification • Class A Fire Rating Type 1 and Type 2 modules • Stamped Structural Engineering Reports for all 50 States Grounding • SnapNrack Grounding Lug (One lug per individual row of modules) • Integrated bonding components Warranty 10 year limited product warranty; 5 year limited finish warranty 877-732-2860 1 www.snapnrack.com 1 contact@snapnrack.com © 2015 by SnapNrack Solar Mounting Solutions. All rights reserved silic n 2nErciy VOYAGEUR SiE-V-275, SiE-V-280, SiE-V-285 MADE IN MINNESOTA THE SILICON ENERGY DIFFERENCE VOYAGEUR ADVANTAGES: • High -efficiency, US -made monocrystalline cells deliver greater power density. • Double -glass design for increased durability. • Made in the USA. • Locally manufactured in Mt. Iron, Minnesota and qualifies for Made in MN state incentives. • Glass back enhances durability without additional weight. • Fully silicone -sealed junction box for improved weather protection. • 60 -cell design compatible with widely available residential and commercial mounting systems, microinverters and DC optimizers. • Industry leading 10 -year workmanship and 30 -year power warranty. MADE IN USA C US ARRA COMPLIANT Produced with Quality Components from SolarWorld Americas Rev 20150608 ELECTRICAL CHARACTERISTICS MEASURED AT STC** SiE-V-275 SiE-V-280 SiE-V-285 Maximum Power Voltage (VMP) Open Circuit Voltage (Von) Maximum System Voltage (V.) 31.0 39.4 31.2 39.5 1000 1000 31.3 39.7 1000 MECHANICAL SPECIFICATIONS Cells Frame Construction [2.62in] 66.5mm 60 monocrystalline silicon cells Clear anodized aluminum Heat treated glass, low iron front with anti -reflective coating [37.80in] 960mm [.26in] 06.5mm [8.70in] 221mm f [43. lin] 1100mm [11.32in] 287.5mm 37 40 [.35in] 09mm [1.141n]r 29mm O [65.94in] 1675mm [.60] 15.3 [39.41in] 1001 mm Not to scale. [1.34in] 34mm SPECIFICATIONS SUBJECT TO CHANGE WITHOUT NOTICE ATTENTION: THOROUGHLY READ INSTRUCTIONS IN USER'S MANUAL BEFORE INSTALLING THERMAL CHARACTERISTICS N OCT: 46° PMAX: -0.45%/°C Voc: -0.30%/°C I _ n n40u°r Temperature Range -40 to 185°F (-40 to 85°C ) WARRANTIES AND CERTIFICATIONS Certifications UL 1703, (Canada and US) Class C Fire Rating CEC Made in Minnesota in USA Wattages subject to availability. 15.3m3mm [1.34in] 34mm [.05in] 1.3mm [1.14in] 29mm 1 } SILICON ENERGY MN, LLC PO Box 376 8787 Silicon Way Mt. Iron, MN 55768 Tel: 218.789.1710 www.silicon-energy.com SMC n energy Rev 20150608 Alton T Berskow 1307 Furlong Ave Mendota Heights Mn 55120 Daniel M Bredvold 1281 Lakeview Ave Saint Paul Mn 55120-1206 Dennis J & Rita M Corrigan 1309 Furlong Ave Saint Paul Mn 55120-1202 Emmajean Anderson 1312 Furlong Ave Mendota Heights Mn 55120 John G & Beth W Asmussen 1305 Furlong Ave Saint Paul Mn 55120-1202 Michael Kunert 7 Williams Wood Rd Mahtomedi Mn 55115 Mitchell J Lallier 1299 Lakeview Ave Mendota Heights Mn 55120-1206 Roslyn T Drew 1295 Lakeview Ave Saint Paul Mn 55120-1206 Timothy J Stearns 1300 Furlong Ave Mendota Heights Mn 55120 Carol A Doffing 1314 Furlong Ave Saint Paul Mn 55120-1202 Darlene J Tste Lysne 1307 Lakeview Ave Mendota Heights Mn 55120 Douglas R & Kathleen Geier 1309 Kendon Ln Saint Paul Mn 55120-1203 Gordie A & Judy A Dahlberg 1298 Kendon Ln Saint Paul Mn 55120-1226 Laurens C Sr Matton 1310 Kendon Ln Saint Paul Mn 55120-1227 Michael Wandschneider 8775 Barnes Ave Inver Grove Heights Mn 55077 Mitchell J Lallier 3637 Woodland Trl Eagan Mn 55123 Samir & Nadia Keric 1623 Triangle Palm Ter Naples FI 34119 Timothy J Stearns 1300 Furlong Ave Mendota Heights Mn 55120 page 85 Charles III Russell 1286 Kendon Ln Mendota Heights Mn 55120 David & Carmel Hiner 1295 Kendon Lane Mendota Heights Mn 55120-1226 Emmajean Anderson 1312 Furlong Ave Mendota Heights Mn 55120 John & Kristen M Arehart 1305 Kendon Ln Saint Paul Mn 55120-1203 Lemay Shores Homeowners Association %New Concepts 5707 Excelsior Blvd Saint Louis Park Mn 55416 Mitchell J Lallier 1299 Lakeview Ave Mendota Heights Mn 55120-1206 Richard & Harriet Sperle 1302 Kendon Ln Saint Paul Mn 55120-1227 Thomas R & Margaret Swanson 1294 Kendon Ln Saint Paul Mn 55120-1226 page 86 Affidavit of Publication State of Minnesota SS County of Dakota JANINE GAFFNEY , being duly sworn, on oath, says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as SOUTH-WEST REVIEW , and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed NOTICE OF HEARING which is attached was cut from the columns of said newspaper, and was printed and published once each week, for 1 successive weeks; it was first published on SUNDAY , the 10TH day of JULY , 2016 , and was thereafter printed and published on every to and including , the day of , 20 ; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: *ABCDEFGHIJKLMNOPQRSTUVWXYZ *ABCDEFGHIJKLMNOPQRSTUVWXYZ *abcd efg hij kl mnopg rstuvwxyz Subscribed and sworn to before me on this 11THdayof JULY 2016 Notary Public J *Alphabet should be in the same size and kind of type as the notice. BY: VltlL/ l TITLE L AL COORDINATOR TONYA R. WHOTEHEAD Notary Public -Minnesota RATE INFORMATION My Commiion Expires Jan 31, 2020 (1) Lowest classified rate paid by commercial users for comparable space $25.00 per col. inch (2) Maximum rate allowed by law for the above matter $25.00 per col. inch (3) Rate actually charged for the above matter $ per col. inch 1/16 page 87 CITY OF MENDOTA HEIGHTS NOTICE OF HEARING A PUBLIC HEARING ON ACONDITIONAL USE PERMIT AT 1295 KENDON LANE TO WHOM IT MAY CONCERN. NOTICE is hereby given that the Planning Commission of Mendota Heights will meet at 7:00 RM., or as soon as possible thereafter,' on Tuesday, July 26, 2016 in the City Hall Council Chambers, 1101 Victoria Curve, Mendota Heights, Minnesota, to consider a conditional use permit request at 1295 Kendon Lane to install a roof -mounted solar energy system. This request has been assignedi Planning; Case number 2016-24. Thisnotice is pursuant to Title 12 (Zoning) of the Mendota Heights City Code. Such persons as desire to be heard with reference to this request will be heard at this meeting. LorriSmith City Clerk (South West Review; July 10, 2016) CITY OF MENDOTA HEIGHTS 1101 Victoria Curve 1 Mendopage ta Height88MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com Request for City Council Action MEETING DATE: August 2, 2016 TO: Mayor and City Council, City Administrator FROM: Nolan Wall, AICP — Planner SUBJECT: Ordinance 502 Concerning Rezoning from B-1 Limited Business to I -Industrial Ordinance 503 Concerning Warehouse Uses in the Industrial District COMMENT: Introduction The city is considering rezoning the property at 2500 Lexington Avenue South from B-1 Limited Business to I -Industrial and proposing corresponding amendments to Title 12-1G-1 and 12-1G-2 of the City Code concerning warehouse uses in the I -Industrial District. Background As part of Planning Case 2016-23, the owner of the subject property containing a vacant office/warehouse building applied for a code amendment to add conditional uses to the B-1 Limited Business District. The City Council determined rezoning to I -Industrial and developing additional conditions for warehouses uses adjacent to residential uses was better -suited to address the property owner's request. As a result, the original application was withdrawn and staff was directed to bring forward the proposed rezoning and code amendment. The Planning Commission conducted a public hearing at the July 26 meeting. An adjacent property owner commented about concerns regarding potential heavy truck traffic since there is a shared driveway between the properties and inquired about notification requirements for any future development. The Planning Commission also recommended further revisions to the ordinance than originally proposed, which staff supports. Discussion The City is using its quasi-judicial authority when considering action on subdivision and zoning requests and has limited discretion; a determination regarding whether or not the request meets the applicable code standards is required. The City is using its legislative authority when considering action on a code amendment request and has broad discretion; the only limitations are that actions must be constitutional, rational, and in some way related to protecting the health, safety and general welfare of the public. Budget Impact N/A Recommendation page 89 The Planning Commission recommended approval of DRAFT Ordinance 502, as described in Planning Case 2016-28. If the City Council desires to implement the recommendation, pass a motion adopting ORDINANCE 502 AMENDING THE OFFICIAL ZONING MAP. AND The Planning Commission recommended approval of DRAFT Ordinance 503, as described in Planning Case 2016-29. If the City Council desires to implement the recommendation, pass a motion adopting ORDINANCE 503 CONCERNING WAREHOUSE USES IN THE INDUSTRIAL DISTRICT. Action Required These matters require simple majority votes. page 90 1 CITY OF MENDOTA HEIGHTS 2 DAKOTA COUNTY, MINNESOTA 3 4 ORDINANCE NO. 502 5 6 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP 7 8 9 The City Council of the City of Mendota Heights, Minnesota, does hereby ordain: 10 11 Section 1. 12 13 The Official Zoning Map of Mendota Heights, as referenced in Title 12, Chapter 1, Article C of 14 the City Code and known as the "Mendota Heights Zoning Ordinance," is hereby amended in the 15 following respects: 16 17 The following land is to be rezoned to I -Industrial and subject to the same restrictions 18 pertaining to other I -Industrial zones: 19 20 Those described in Exhibit A. 21 22 More commonly, the property is known as 2500 Lexington Avenue South. 23 24 Section 2. 25 26 This Ordinance shall be in effect upon approval of the required Comprehensive Plan Amendment 27 by the City Council and Metropolitan Council. 28 29 Adopted and ordained into an Ordinance this second day of August, 2016. 30 31 CITY COUNCIL 32 CITY OF MENDOTA HEIGHTS 33 34 35 36 Sandra Krebsbach, Mayor 37 ATTEST 38 39 40 41 Lorri Smith, City Clerk 42 43 44 45 46 47 48 page 91 1 CITY OF MENDOTA HEIGHTS 2 DAKOTA COUNTY, MINNESOTA 3 4 ORDINANCE NO. 503 5 6 AN ORDINANCE AMENDING TITLE 12, CHAPTER 1, ARTICLE G OF THE CITY 7 CODE OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA, DAKOTA COUNTY, 8 CONCERNING WAREHOUSE USES IN THE INDUSTRIAL DISTRICT 9 10 11 The City Council of the City of Mendota Heights, Minnesota, does hereby ordain: 12 13 Section 1. 14 15 Title 12-1G-1 is hereby amended as follows: 16 17 Warehousing and distribution, not abutting a residential use. 18 19 Section 2. 20 21 Title 12-1G-2 is hereby amended as follows: 22 23 Warehousing and distribution, abutting a residential use, provided that: 24 1. A fence along the property boundary line adjacent to the residential use is constructed, in 25 compliance with section 12 -1G -7-E of this chapter. 26 2. Loading areas shall not be serviced by loading docks, unless completely screened from 27 the ground -level view from adjacent properties and streets, except at access points, in 28 compliance with section 12 -1D -13-2-E-2 of this chapter. 29 3. Truck traffic shall not impede vehicle circulation, as determined by the City Engineer. 30 4. Operations shall not include retail sales, unless compliant with section 12-1G-2 31 concerning accessory, enclosed retail sales. 32 5. Any exterior improvements to the building and/or property are compliant with section 12- 33 1D-13-2 of this chapter. 34 6. The proposed use shall be compliant with all applicable performance standards in section 35 12-I of this chapter. 36 7. Hours of operation for delivery/distribution shall be limited to seven o'clock (7:00) A.M. 37 to eight o'clock (8:00) P.M. 38 8. Additional conditions that mitigate potential negative impacts may be included, as 39 determined by the City Council. 40 41 Section 3. 42 43 This Ordinance shall be in effect from and after the date of its passage and publication. 44 45 Adopted and ordained into an Ordinance this second day of August, 2016. 46 47 CITY COUNCIL 48 CITY OF MENDOTA HEIGHTS 49 50 51 52 53 ATTEST 54 55 56 57 Lorri Smith, City Clerk page 92 Sandra Krebsbach, Mayor page 93 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.rnendota-hei g hts.con DATE: TO: FROM: SUBJECT: CITY OF MENDOTA HEGHTS APPLICANT: PROPERTY ADDRESS: ZONING/GUIDED: ACTION DEADLINE: Planning Staff Report July 26, 2016 Planning Commission Nolan Wall, AICP — Planner Planning Cases 2016-28 and 2016-29 Rezoning Request from B-1 Limited Business to I -Industrial Proposed Code Amendment — Warehouse Uses in the Industrial District City of Mendota Heights 2500 Lexington Avenue South B-1 Limited Business/B-Business N/A DESCRIPTION OF THE REQUEST The city is considering rezoning the property at 2500 Lexington Avenue South from B-1 Limited Business to I -Industrial and proposing corresponding amendments to Title 12-1G-1 and 12-1G-2 of the City Code concerning warehouse uses in the I -Industrial District. BACKGROUND As part of Planning Case 2016-23, the owner of the subject property containing a vacant office/warehouse building applied for a code amendment to add commercial recreation and warehouse uses to the B-1 Limited Business District. The City Council determined rezoning to I -Industrial and developing additional conditions for warehouses uses adjacent to residential uses was better -suited to address the property owner's request. As a result, the original application was withdrawn and, at the direction of the City Council, staff is proposing two ordinances for continued discussion and action: 1. Ordinance 502 Rezoning from B-1 Limited Business to I -Industrial 2. Ordinance 503 Concerning Warehouse Uses in the I -Industrial District ANALYSIS The requests are essentially tied to the same property, but could not be included in the same ordinance. Therefore they were issued separate case numbers, but are being reviewed and analyzed within the same staff report. Rezoning The subject parcel is across Lexington Avenue from other industrial uses, but is adjacent to office and residential uses (see attached maps). The I -Industrial District includes a wider variety of use options than page 94 the B-1 Limited Business District that better fit the building's existing build -out, including "business and professional offices" and "warehouse and distribution" as permitted uses and "commercial recreation" as a conditional use. The subject parcel is guided as B -Business and would require an amendment to Comprehensive Plan if the rezoning request is approved. A condition is included in DRAFT Ordinance 502 and will be brought back for Planning Commission review and City Council approval before being submitted to the Metropolitan Council. Code Amendment As discussed with the Planning Commission and City Council as part of the previous code amendment request, the subject property's location directly adjacent to a residential use may warrant additional review and corresponding conditions to mitigate any potential negative impacts from certain future uses. If the property were to be rezoned to I -Industrial, staff proposes the following corresponding code amendments: 1. 12-1 G-1: PERMITTED USES: Warehousing and distribution, not adjacent to a residential use. 2. 12-1G-2: CONDITIONAL USES: Warehousing and distribution, adjacent to a residential use, provided that: 1. A fence along the property boundary line adjacent to the residential use is constructed, in compliance with section 12-1 G -7-E of this chapter. 2. Loading areas shall not be serviced by loading docks, unless completely screened from the ground -level view from adjacent properties and streets, except at access points, in compliance with section 12 -1D -13-2-E-2 of this chapter. 3. Truck traffic shall not impede vehicle circulation or have a negative impact on surrounding uses. 4. Operations shall not include retail sales. S. Any exterior improvements to the building and/or property are compliant with section 12 - ID -13-2 of this chapter. 6. The proposed use shall be compliant with all applicable performance standards in section 12-1 of this chapter. 7. Hours of operation for delivery/distribution shall be limited to seven o'clock (7:00) A.M. to eight o'clock (8:00) P.M 8. Additional conditions that mitigate potential negative impacts to adjacent residential uses may be included as determined by the City Council. Many of the proposed conditions are already required for developments in the industrial and business districts, but requiring the CUP triggers a public hearing and review by the Planning Commission and City Council. The proposed hours of operation for delivery/distribution are the same as for residential exterior construction on weekdays. The final condition allows for additional conditions based on the review of the CUP by the Planning Commission and City Council. ALTERNATIVES Following the public hearings and further discussion, the Planning Commission may consider the following actions: 1. Recommend approval of DRAFT Ordinance 502 and/or 503, as presented or as amended by the Commission. OR page 95 2. Recommend denial of DRAFT Ordinance 502 and/or 503. OR 3. Table the request(s), pending additional information and revisions from staff. STAFF RECOMMENDATION Staff recommends the Planning Commission discuss the proposed rezoning request and code amendment. If acceptable to the Commission, action can be taken at this month's meeting. Staff would propose to bring back any substantial revisions for review and further discussion at a future meeting prior to making a recommendation to the City Council. MATERIALS INCLUDED FOR REVIEW 1. DRAFT Ordinance 502 2. DRAFT Ordinance 503 3. Aerial site map 4. Zoning maps 5. Planning applications, including supporting materials Planning Case 2016-28 2500 Lexington Avenue South Date: 7/21/2016 0 80 SCALE IN FEET page 96 City of Mendota Heights GIS Map Disclaimer: This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat, survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information contained in this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errors or omissions herein. If discrepancies are found, please contact the City of Mendota Heights. Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation. Planning Case 2016-28 2500 Lexington Avenue South Date: 7/20/2016 0 475 SCALE IN FEET page 97 City of Mendota Heights 1 C-_ O w IQ B-3 B-1 A B-1 MEDALLION DR SUBJECT PARCEL 494 LOOP I 94 1-494 I-94 RAMP Er 1 I At- ------- - .i'_ --- -llIMINIIIIMIIIPm •�NII.. I-71 P' alit GIS Map Disclaimer: This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat, survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information contained in this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errors or omissions herein. If discrepancies are found, please contact the City of Mendota Heights. Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation. page 98 City of Mendota Heights Official Zoning Map This map cannot be fully understood without reference to the Mendota Heights Zoning Ordinance and Comprehensive Guide Plan. In addition, Zoning and Comprehensive Plan designations are subject to revision. You are advised to consult with the City Planner in the interpretation of this Information. City of Mendota Heights Planning Department - City Hall 1101 Victoria Curve Mendota Heights, MN 55118 Ph: (651) 452-1850 Fax: (651) 452-8940 P im■il.n_ a Ej :0eaqrt. =- �L■■.Illllun, ,��0��1� X111111: �I ii, 1;71. ; !! / /�- -- ■■ ia: �•� •,■m 74w vie,/4 ��■ ��:■• vto �-A "dill,* 1 ktip ""%;-.\ \ .41 4 . I 0,1 ■■■■■■■■II ♦ e.) ::- ;70:11;\41:1:1411111L1111:711tin rmA --1_ur �.`®.•a=te11= : �-:.'�p-_:='�- �� .il _ ■=:OHM Mi , M� I��4 .■ ouu iuu■ r. ......■........■,■■■., nn :IPa 1 Los vom■ na pun lin.■■I� ■� 1�r 11111111►li\ 1 ��J : 4 ■■■■nn■*'_ p��.....�1�•-.ate rte`" „o Nikvag ■oma u ° IInnm11o11nn� •d� IIP-"IET rag 11111111111 111111111111 ly�l `r�� I T� _Aiii16 b1iiiii h� nil wig �i■1 1_%IAb_��I1■�J, 6141:jj*vinnottisionwoorpoismito, Li r-lh :eatf r�i a�i��.l iti■■_ rm will .. �v4I� III- -•- 11111■■uuuuI■ ... trnatt:IvorizSM�_111111■1►s!.40i' mo �■ 'Asti ` �.big NM ■■ 71123miiiII.L.= iill ;== ■11111■ m" ®�:■:n■i . A04y iiI 'MN -,��, .III ��■■� ®. �...MN ..� ■mal w H dommcolcowse IpprcetWellnirAl( 111 '911� ■!11■mung ; :7,,„yv4g11111 ash Age j Enn► ��: *fir 14�� I�i�I11R,�11%♦,J Zoning Designations Residential: R-1 - One Family Residential R -1A- One Family Residential R-2 - Two Family Residential R-3 - Multiple Family Residential MR -PUD - Med. Density Res. HR -PUD - High Density Res. Commercial: B-1 - Limited Business B -1A- Business Park B-2 - Neighborhood Business B-3 - General Business B-4 - Shopping Center Industrial: - Industrial Other: Water State Park Right -of -Way MU -PUD- Mixed Use Sources: City of Mendota Heights Dakota County Surveying & Land Information Department Last Revised: January 22, 2007 CITY OF MENDOTA HEIGHTS PLANNING APPLICATION page 99 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 6551452.8940 fax www.mendota-heights.com Office Use Only: Case #: 7i'u ( - 2 $ Fee Paid: yam/ et - Application Date: Z (i / j E Staff Initials: L---44s-Z) Applicable Ordinance #:. (2 (1— Section: 1 Existing Zoning: 7?- f G : w.: i- &ef Q.. c;r. c s Proposed Zoning: 1- 1�•r.l�rkir.-4 •t Existing Use: 6 Gf�c �r,.-,r.� • L..4"st. Proposed Use: J' /,#-- Property Address/Street Location: 2500 Lexington Avenue South Applicant Name: City of Mendota Heights Phone: 651-452-1850 Applicant E -Mail Address: nolanw@mendota-heights.com Applicant Mailing Address: 1101 Victoria Curve, Mendota Heights, MN 55118 Property Owner Name: Sean Carey Phone: 612-804-0884 Property Owner Mailing Address: 665 Arcadia Drive, Mendota Heights, MN 55118 Legal Description & PIN of Property: (Complete Legal from Title or Deed must be provided) AGC Addition Lot 1, Block 1 27-11000-01-010 Type of Request: II Rezoning ❑ Variance ❑ Lot Split/Adjustment ❑ Code Amendment ❑ Conditional Use Permit ❑ Wetlands Permit ❑ Critical Area Permit ❑ Appeal U Interim Use Permit ❑ Preliminary/Final Plat Approval U Comprehensive Plan Amendment U Other I hereby declare that all statements made in this re est and I further authorize City Officials and agents to int th e additional material are true. perty during daylight hours. -7/7/I Signature of Owner Date 1 /if (16 Date Signature of Owner (if more than one) Date Planning Application (modified 6/1/2016) Page 1 of 1 Albert J Lauer Co 16700 Chippendale Ave Rosemount Mn 55068-1726 City of Mendota Heights 1101 Victoria Cury Saint Paul Mn 55118-4167 Mn Mining & Manufacturing Co % 3m Company Tax Division Bldg 224-5n-40 Saint Paul Mn 55144 Arcadia Partners LLC 665 Arcadia Dr Mendota Heights Mn 55118 H & M Holdings of Mendota LLC 2520 Lexington Ave S Ste 500 Mendota Heights Mn 55120 Old Mill Commercial Properties LLC 2510 Lexington Ave S Mendota Heights Mn 55120 page 100 City of Mendota Heights 1101 Victoria Curve Mendota Heights Mn 55118-4167 Mendota Heights Family Housing %Dakota County Cda 1228 Town Centre Dr Eagan Mn 55123 State of Mn - Dot % Dir of Land Mgmt Stop 630 395 John Ireland Blvd Saint Paul Mn 55155 Affidavit of Publication State of Minnesota } SS County of Dakota JANINE GAFFNEY page 101 , being duly sworn, on oath, says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as SOUTH-WEST REVIEW stated below: , and has full knowledge of the facts which are (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed NOTICE OF HEARING which is attached was cut from the columns of said newspaper, and was printed and published once each week, for 1 successive weeks; it was first published on SUNDAY , the 17TH day of JULY , 2016 , and was thereafter printed and published on every to and including , the day of , 20 ; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: * ABCDEFGHIJKLMNOPQRSTUVWXYZ *ABCDEFGH IJKLMNOPQRSTUVWXYZ * a bcdefghijklmnopgrstuvwxyz Subscribed and sworn to before me on TH this '0 day of JULY . 16 Notary Public *Alphabet should be in the same size and kind of type as the notice. ' 3 TONYR. vi£ H IT£,..8 s Y M INlotar`yPublic-Minnesota My Commission Expires Jan 31, 2020 eaW'ai iiwif'+fe+s%v,.nR6fV;f'ePs 'evw (1) Lowest classified rate paid by commercial users for comparable space $25.00 per col. inch (2) Maximum rate allowed by law for the above matter $25.00 per col. inch RATE INFORMATION (3) Rate actually charged for the above matter $ per col. inch 1116 page 102 CITY NMDOTA.HEIGHTS NOTICEOF OF`HEARING A PUBLIC HEARINCa ON A REZONING AT2500 LEXINGTON AVENUE3SOUTH TO WHOM IT MAYENCONCERN NOTICE Is hereby Plagiven. that etheotanng;Mendota HeightsinogwCommisslonill meet tat 7;00of PINI:, or'. as soon as" possible thereafter, on Tuesday, July'2s, 2018' in the City Hall; Council ;Chambers 1101 Victoria ;Curve, .Mendota" Heights, Minnesota, to ' consider a "rezoning request at 2500 Lexingtan;JAvenue; South train T 1 Limited Business to 1 lndustral. This request has been:?. assgned: Planning Case number:; 2016 20.` This notice Is pursuant Title 12 go...................... t tole ..... cloning},of the Mendota Heights City Code, .Such persons as desire to be heard with reference to this: request will be heard at this meeting; Lord Smith' City Clerk;. (South-West Review July 17', 201&} CITY OF MENDOTA HEIGHTS PLANNING APPLICATION page 103 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.452.1850 phone I 651.452.8940 fax www.mendota,heigghts_com Office Use Only: Case #: fd - 2 es Fee Paid: /''/ Application. Date: 7/1 / Staff Initials: Applicable Ordinance #: 12 - 16 Section:, ( +- 2 - Existing Zoning: s ✓ r a. I Proposed Zoning: pi* Existing Use: P/ /S= Proposed Use: Property Address/Street Location: N/A Applicant Name: City of Mendota Heights Phone: 651-452-1850 Applicant E -Mail Address: nolanw@mendota-heights.com Applicant Mailing Address: 1101 Victoria Curve Property Owner Name: N/A Property Owner Mailing Address: N/A Phone: N/A Legal Description & PIN of Property: (Complete Legal from Title or Deed must be provided) N/A Type of Request: LI Rezoning U Variance LI Lot Split/Adjustment O Code Amendment ❑ Conditional Use Permit ❑ Wetlands Permit ❑ Critical Area Permit ❑ Appeal I hereby declare that all statements made in this re I further authorize City Officials and agents to ins ct ❑ Interim Use Permit ❑ Preliminary/Final Plat Approval ❑ Comprehensive Plan Amendment ❑ Other est and on e additional material are true. t - : b Property during daylight hours. Signature of Applicant Date Signature of Owner Date Signature of Owner (if more than one) Date Planning Application (modified 6/1/2016) Page 1 of 1 Affidavit of Publication State of Minnesota SS County of Dakota JANINE GAFFNEY page 104 , being duly sworn, on oath, says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as SOUTH-WEST REVIEW , and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed NOTICE OF HEARING which is attached was cut from the columns of said newspaper, and was printed and published once each week, for 1 successive weeks; it was first published on SUNDAY , the 17 tt day of JULY , 20 16 , and was thereafter printed and published on every to and including , the day of , 20 ; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: "ABCDEFGHIJKLMNOPQRSTUVWXYZ *ARCD E FGH IJKLMNOPQRSTUV W XYZ *abcdefg hijklmnopq rstuvwxyz Subscribed and sworn to before me on [i6 thi 18Tday of JULY . 2 < J U Notary Public *Alphabet should be in the same size and kind of type as the notice. I, dYA R, `u ,t H 1 l 11 E Ali., Noto,ry Public Minnesota Fi7Cf-drig3 dm 31, 20120 4�9§, � ,n 2 ., l e, �4 _.:n r-- �h,_ .rte2«°s"fa'L°`'S",P•,e3 V (1) Lowest classified rate paid by commercial users for comparable space $25.00 per col. inch RATE INFORMATION (2) Maximum rate allowed by law for the above matter $25.00 per col. inch (3) Rate actually charged for the above matter $ per col. inch 1/16 page 105 CITY 90:..MEN NOTICE •OF HEARifG A PU LIC HEARING ON A lEE 11EST FOR CITY CD17E AMENDMENTS To WHOM 1TM.4Y CONCERN NOTICE' hereby 046.6'464 t11e f7lanning Commission of `Mendota Heights" ,will "meet' at 7 00 PM„ or?' as soon as possible thereafter, on Tuesday-Juiy28, 201:6 in thee', City Hall Council'. Chambers, 1901 Victoria Curve Mendota"' Heights, Minnesota to consider an application from the:'C ty of Mendota Heights to amend the City Code concerning.; warehouseldistnbsdon uses'.in.the f lndustnal pistrict This ;request '', has been assigned Planning Case number 2098-28. This notice 3s pursuant. to Title 12 (2an6ng).;of the Mendota Heights City 1 Code. Such persons as desire to be. heard with reference to €his `request wi11 be heard at this: mee€ing.'' Lord Smith City Clerk .' (South-West Review. July 17; 2016) CITY OF MENDOTA HEIGHTS 1101 Victoria Curve 1 MencbotaReights.MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com Request for City Council Action MEETING DATE: August 2, 2016 TO: Mayor and City Council, City Administrator FROM: Nolan Wall, AICP — Planner John R. Mazzitello, PE, PMP, MBA — Public Works Director/City Engineer SUBJECT: Planning Case 2016-16 CUP for PUD Amendment, Preliminary/Final Plat, and Wetlands Permit COMMENT: Introduction The applicant is seeking approval to amend a planned unit development final development plan, including preliminary/final plat and wetlands permit requests. Title 12 -1K -6-G of the City Code requires City Council approval for amendments to an approved planned unit development final development plan by conditional use permit. Background The Planning Commission closed the public hearing on this case at the May 24 meeting and unanimously recommended approval of the proposed requests. The City Council was presented the proposed development plans at the July 6 meeting for review and tabled action on the requests. Since then, staff and the applicant have been working to address the issues raised at the meeting for continued discussion. Please consult the full application package from the July 6 meeting; only updated/revised materials and responses are being provided for review as part of the agenda packet. Attached are the following items for continued review and discussion of the proposed project: 1. Mendota Heights Fire Department Memo 2. Planned Unit Development Agreement 3. Applicant responses to comments from 7/6 meeting and proposed conditions of approval 4. Revised architectural plans, including the following changes: • Floor plans (2) — reduction of 10 units • Elevations (2) — redesigned 4h story • Renderings (10) — views from several vantage -points 5. Revised civil plans, including the following changes: • Title sheet • Site Plans (C2.0 and C2.1) — unit count/updated parking ratio • Signage Plan (C2.3) — unit count • Grading Plan (C3.1) — unit count • Utility Plan (C4.1) — unit count • Stormwater Management Plan (C4.2) — unit count • Landscape Plan (L2.1) — additional plantings to screen the drive-thru Discussion page 107 The comments from the last meeting, not addressed as part of the discussion, were compiled and divided between staff and the applicant for responses in preparation for continued review of the proposed project. The applicant's responses are contained in the attached letter; staff's responses are as follows: 1. 120 -Day Timeline Comment/Question: How does the 120 -day time -limit impact a decision in this case and what happens if the issues are not addressed within the city's action timeline? Response: This question was addressed at the meeting, but is an important issue to reiterate. The current application deadline has already been extended to 120 days and expires on August 24. Staff has recommended that the City Council not act to approve the application requests until a Right -of -Way Access Permit is obtained by the applicant from MnDOT. As a result, if the permit is not issued in advance of the August 16 meeting, the applicant would have to submit a written notice requesting an extension. 2. Fire Department Review Comment/Question: Has the Fire Department commented on the roof -top or patio space and how do they plan to address the lack of access around the back to the building? Response: See the attached memo from the Fire Chief. 3. Pylon/Monument Signs Comment/Question: Is there a limit to the number of pylon signs for the entire development in the original PUD Agreement? Response: Signage within the existing Mendota Plaza development is regulated by design standards adopted as an exhibit to the existing Development Agreement, which supersede the City Code standards if specifically addressed. The height/size information included in the staff report has been updated/revised upon review of past sign permits; also included are the Design Standards provisions in the existing PUD Agreement: Standard Requirements Existin Monument Signs Pylon Signs Pro ' osed Monument Sign Pylon Sign Total Height No higher than 25 feet above the average grade level at sign base (City Code) 35 feet (Design Standards) +/- 27 feet (Dodd Road) 45 feet (STH 110) 8 feet (So. Plaza Dr.) 6 feet (White Pine) 27 feet -4 inches (STH 110) 6 feet (Outlot B) Gross Surface Area Not to exceed 100 square feet (City Code) Not exceed 200 square feet (Design Standards) +-/ 204 SF (Dodd Rd.) +/- 497 SF (STH 110) 128 SF (So. Plaza Dr.) 78 SF (White Pine) 200 SF (STH 110) Not included (+/- 96 SF total) The proposed pylon sign is similar in height and size to the existing pylon sign along Dodd Road and approximately 18 feet shorter and significantly smaller than the existing pylon sign along STJT e.1IPdirect response to the question, the PUD Agreement/Design Standards includes the following provisions for area/business identification signage (see section H-10 and H-11 in the attached agreement): • Area identification signs (pylon/monument) are to be located at entranceways and focal points on the site. • One freestanding monument/business identification sign per single and double occupancy business building. • Buildings containing three (3) or more businesses may display an area identification sign. Individual freestanding sign identifying a tenants business are not allowed. The existing pylon signs are not adequately -sized or appropriately -sited to accommodate additional nameplate signage for the future commercial tenants. According to the existing PUD, an 8 -foot monument sign was approved along STH 110, which is now being proposed as a pylon sign in a similar location. The City Council should discuss whether a pylon or monument sign is preferred in this location, in consultation with the applicant. The Design Standards require a comprehensive sign plan for multi -tenant buildings, which is included as a condition of approval as part of a subsequent PUD Agreement amendment. Each individual tenant sign will require a sign permit, and are not approved as part of the proposed requests in this case. Planned Unit Development Agreement Comment/Question: What is the timeline for approval of the amended Development Agreement and can a copy be provided for City Council review? Response: If the City Council approves the requests in this case, staff would begin working with the applicant immediately on the required amendments to the PUD Agreement for continued discussion and approval. The following items need to be addressed in the subsequent amendment and is not an exclusive list; additional items to address issues raised during or after the review process can certainly be included: 1. Sale and transfer of property to At Home Apartments 2. Park dedication fees 3. Floor Area Ratio for high-density residential use 4. Underground visitor/guest parking 5. Private utility locations 6. Landscaping performance guarantee 7. Outlot A deck encroachment 8. Comprehensive Signage Plan A copy of the entire PUD Agreement, including amendments, was sent out after the last meeting and is attached for review and discussion. It is worth noting that according to Section 3.4 of the agreement: "After final approval of the Plans, the Developer shall not make any changes in the Plans or the Project without the prior written consent of the City, which consent many be given or withheld in the City's sole discretion. The City Council may, by majority vote, delegate approval of minor modifications to the Plans to the City Administrator. " Previously -approved Apartment Building Comment/Question: What is the height of the previously -approved apartment building? Response: According to Exhibit B-6 of the original PUD Agreement (attached), the proposed 100-1Refga story apartment building was 62 feet tall to the ridge of the pitched -roof (north elevation). Based on the proposed east elevation, there was also an area where the underground parking entrance was exposed, which has the appearance of five stories. Grading Comment/Question: What is happening to the existing hill bordering the Dodge Nature Center and how does the building look from the east and south? Response: The highest part of the hill is on the Dodge Nature Center Property and is not proposed to be impacted by the proposed development. The proposed Mendota -Lebanon Hills Greenway Trail would run along the east side of the hill, as shown in draft design documents from Dakota County. The proposed development shows a retaining wall on the east side of the property, adjacent to the patio area by the outdoor pool. This retaining wall is 8 -feet tall at its highest point, and signifies that the development is "cut into the hill" next to the Dodge Nature Center. Everything staff has reviewed to date from both the applicant and Dakota County shows that the existing top of the hill will remain post -development. Budget Impact N/A Recommendation Staff recommends the City Council review the responses to the comments from the July 6 meeting and the updated/revised materials submitted by the applicant and continue to discuss the requests in this case. In the absence of a MnDOT Right -of -Way Access Permit, staff does not recommend approving the requests at this time without additional conditions. However, with the 120 -day deadline expiring on August 24, staff recommends the City Council consider the following actions: 1. TABLE ACTION and direct staff to prepare a resolution including conditions and findings of fact for APPROVAL of the CUP for PUD Amendment, Preliminary/Final Plat, and Wetlands Permit in Planning Case 2016-16 for consideration at the August 16 City Council meeting. 2. TABLE ACTION and direct staff to prepare a resolution including findings of fact for DENIAL of the CUP for PUD Amendment, Preliminary/Final Plat, and Wetlands Permit in Planning Case 2016-16 for consideration at the August 16 City Council meeting. 3. TABLE ACTION and request the applicant submit a written notice requesting an extension by Monday, August 8 and continue discussion of the proposed requests in Planning Case 2016-16 at subsequent City Council meetings. Staff requests the additional time between meetings to include any necessary additional conditions of approval or to draft findings of fact for denial based on the City Council's comments. If, as a result of the discussion and continued absence of a MnDOT Right -of -Way Access Permit, the applicant needs additional time to provide materials and continued discussion is necessary, an extension is required. Otherwise, the City Council has to act on this case before the August 24 deadline. Action Required This matter requires a simple majority vote. �m CITY ❑F MENDOTA HEIGHTS MEMO 1101 Victoria Curve 1 Mendbtaffeights,e1N 55118 651.452.1850 phone 1651.452.8940 fax www.rnendota-heights.com TO: Nolan Wall, AICP, Planner FROM: John Maczko, Fire Chief SUBJECT: Proposed Mendota Plaza Apartment Building This memo is in response to a couple of questions raised regarding the proposed Mendota Plaza apartment building. Height and access to the Building The fact that the building is fully sprinkled addresses many of the access concerns and reduces the fire risk significantly. I have no issues with the height of, or access to, the building provided the conditions I previously commented on are incorporated with approval. The access for the fire department to the building would be no different than the senior housing on South Plaza Drive, the condos on the old Ecolab site, the apartments on Lexington Avenue or most of the condos in Lilydale along the river. Rooftop Patio The only concerns that I have would be that there would be at least two means of egress from the rooftop patio and if "cooking" facilities are being proposed on the rooftop patio those facilities would need to be UL approved and be permanent fixtures supplied with natural gas with auto shut-off. page 111 PLANNED UNIT DEVELOPMENT AGREEMENT By and Between THE CITY OF MENDOTA HEIGHTS and MENDOTA MALL ASSOCIATES, LLP page 112 PLANNED UNIT DEVELOPMENT AGREEMENT THIS PLANNED UNIT DEVELOPMENT AGREEMENT is made as of April 30, 2009 ("Effective Date"), by and between the City of Mendota Heights, a Minnesota statutory city, having its principal office at 1101 Victoria Curve, Mendota Heights, Minnesota 55118 ("City") and Mendota Mall Associates, LLP, a Minnesota limited liability partnership, having its principal office at 2227 University Avenue, Saint Paul, Minnesota 55114, its successors and assigns as permitted herein ("Developer"). WITNES SETH: WHEREAS, the City is a Minnesota statutory city and is authorized to transact business and exercise its powers, including the powers described herein, by a resolution of the city council of the City; and WHEREAS, Developer is the owner of a 21.11 acre site located south of Highway 110 and east of Dodd Road, currently known as Mendota Plaza and more particularly described on Exhibit A attached hereto ("Development Property"); and WHEREAS, Developer has proposed to redevelop the Development Property to include the improvements defined in this Agreement, as identified in detail on Exhibits A -G attached hereto and incorporated herein. The improvements include the partial demolition and remodel of the existing Mendota Plaza building, new retail, restaurant, office, daycare and residential buildings; road connections between Highway 110, Dodd Road, and South Plaza Drive; and stormwater ponds all in the locations and pursuant to the specifications outlined herein (all of the improvements to be constructed by the Developer as required in this Agreement shall be collectively referred to as the "Project"); and WHEREAS, the City's Zoning Code ("Code") allows flexibility in regulations through a Planned Unit Development ("PUD") designation if certain Code requirements are met and if it is determined that it is in the overall community interest to do so; and WHEREAS, the Code states that a PUD designation is not an assumed right, but a discretionary privilege which may be granted by the City Council if, in its determination, the use of a PUD process and land development is in the best interest of the community and if all of the conditions are adhered to; and WHEREAS, to approve a PUD, the Council must determine that (1) the PUD is an effective and unified treatment of the development possibilities on the project site; (2) the development plan provides for the preservation of unique natural amenities such as streams, stream banks, wooded cover, rough terrain, and similar areas, (3) the PUD will harmonize with adjacent projects and property; and (4) the applicant has provided evidence that financing is available on conditions and in an amount which is sufficient to assure completion of the PUD; and 2 page 113 WHEREAS, the City determined that a PUD designation would be acceptable if certain conditions were adhered to and if the PUD provided for a mixed use containing office, retail and housing components; and WHEREAS, the City Council approved the preliminary PUD for the Development Property at its meeting on January 20, 2009 by City Council Resolution 09-29; and WHEREAS, this Agreement is entered into for the purpose of setting forth in writing the understandings and agreements of the parties concerning the PUD and matters which are required by the City. NOW, THEREFORE, in consideration of the recitals which are hereby made a part of, and further in consideration of the agreements, covenants, restrictions, and undertakings of the parties herein set forth, the parties agree as follows: ARTICLE I DEFINITIONS, EXHIBITS, RULES OF INTERPRETATIONS Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from the context: (a) City: The City of Mendota Heights, Minnesota. (b) City Council: The city council of the City of Mendota Heights, Minnesota as the same may change from time to time. (c) Code: Code of Ordinances adopted by the City of Mendota Heights, as such ordinances may be amended from time to time. (d) Development Property: the 21.11 acre site located south of Highway 110 and east of Dodd Road, currently known as Mendota Plaza and more particularly described on Exhibit A attached hereto; (e) Infrastructure Improvements: Any public roadway connections (including new access and modified access points), mass grading of the site, all sanitary sewer and service laterals, all water -main and service lines, all storm sewer improvements including storm -water ponds within the Project, all completed pursuant to the Plans. (f) Landscape Plan. The approved plan for landscaping on the Development Property attached hereto as Exhibit D. (g) Lighting Plan. The approved plan for lighting for the Project attached hereto as Exhibit F. (h) Lot 1: Lot 1, Block 1 containing 1.7 acres (as designated on Exhibit A) upon which the 14,820 square foot Walgreen's drug store will be constructed, as illustrated on the Elevation and Floor Plan attached hereto as Exhibit B-1. 3 page 114 (i) Lot 2: Lot 2, Block 1 containing approximately 6.1 acres (as designated on Exhibit A) upon which the existing Mendota Plaza is located, and said Lot will be improved as illustrated on the Elevation and Floor Plan attached hereto as Exhibit B-2. (j) Lot 3: Lot 3, Block 1 containing approximately 1.4 acres (as designated on Exhibit A) upon which a building for restaurant/retail uses will be located to be constructed as illustrated on the Elevation and Floor Plans attached hereto as Exhibit B-3. (k) Lot 4: Lot 4, Block 1 containing approximatelyl.8 acres (as designated on Exhibit A) upon which an approximately 12,000 square foot building for retail/restaurant use will be located to be constructed as illustrated on the Elevation and Floor Plan attached hereto as Exhibit B-4. (1) Lot 5: Lot 5, Block 1 containing approximately 1.3 acres (as designated on Exhibit A) upon which an approximately 10,800 square foot building for office/retail use will be located to be constructed as illustrated on the Elevation Plan attached hereto as Exhibit B-5. (m) Lot 6: Lot 6, Block 1 containing approximately 2.0 acres (as designated on Exhibit A) upon which an approximately 100,000 square foot four-story, multifamily residential, assisted living facility will be located to be constructed as illustrated on the Elevation Plan attached hereto as Exhibit B-6. (n) Lot 7: Lot 7, Block 1 containing approximately 2.0 acres (as designated on Exhibit A) upon which an approximately 10,130 square foot building for child care/educational use will be located, to be constructed as illustrated on the Elevation Plan attached hereto as Exhibit B-7. (o) Lot 8: Lot 8, Block 1 containing approximately 2.3 acres (as designated on Exhibit A) upon which an approximately 36,000 square foot three-story building for office use will be located to be constructed as illustrated on the Elevation Plan attached hereto as Exhibit B-8. (p) Master Plan. The approved Master Plan for the Project attached hereto as Exhibit A. (q) MnDOT: Minnesota Department of Transportation. (r) Outlot A: containing approximately 0.6 acres (as designated on Exhibit A) upon which a stormwater pond will be constructed. (s) Outlot B: containing approximately 0.5 acres (as designated on Exhibit A) upon which the existing wetland exists. (t) Outlot C: containing approximately 0.5 acres (as designated on Exhibit A) upon which a storm water pond will be constructed. 4 page 115 (u) Outlot D: containing approximately 0.4 acres (as designated on Exhibit A) which contains an existing wetland and in which the water feature will be installed pursuant to the Plans. (v) Outlot E: containing approximately .5 acres (as designated on Exhibit A) upon which a stormwater pond will be constructed. (w) Outlots: collectively, Outlot A - Outlot E. (x) Plans: The plans approved by the City, including, without limitation, those attached hereto as Exhibits A -G. (y) Project: as defined in the recitals. (z) PUD: Planned Unit Development, governed by Code Section 12-1K. (aa) Public Improvement Project: The relocation of the existing sanitary sewer trunk line in part on Lots 5 and 6, which trunk line serves a portion of the Project, as well as the Dakota County Conununity Development Agency ("CDA") property. (bb) Signs. The pylon and monument signs in the locations as set forth on the Master Plan and the approved elevations attached hereto as Exhibit G. The building signage will comply with the Design Standards and the ordinances of the City of Mendota Heights. (cc) Unavoidable Delays: Unexpected delays that are the direct result of: (i) adverse weather conditions; (ii) shortages of materials; (iii) strikes and other labor troubles; (iv) fire or other casualty to the Infrastructure Improvements; (v) litigation commenced by third parties which, by injunction or other judicial action, directly results in delays; (vi) acts or failure to act of any federal or state governmental unit, including legislative and administrative acts; (vii) approved changes to the Plans that result in delays; and (viii) any other cause or force majeure beyond the control of the Developer or the City which cause delays. Section 1.2. Exhibits. The following Exhibits constitute approved plans and are attached to and by reference made a part of this Agreement: EXHIBIT A LEGAL DESCRIPTION AND MASTER SITE PLAN EXHIBIT B PROJECT ELEVATIONS AND PLANS EXHIBIT B-1 WALGREENS ELEVATION AND FLOOR PLAN EXHIBIT B-2 EXISTING BUILDING (REMODELED) ELEVATION AND FLOOR PLAN EXHIBIT B-3 RESTAURANT/RETAIL ELEVATION AND FLOOR PLAN EXHIBIT B-4 RETAIL/RESTAURANT ELEVATION AND FLOOR PLAN EXHIBIT B-5 OFFICE/RETAIL ELEVATION PLAN (SINGLE STORY) EXHIBIT B-6 MULTIFAMILY RESIDENTIAL ELEVATION EXHIBIT B-7 CHILD CARE/EDUCATIONAL USE ELEVATION PLAN EXHIBIT B-8 OFFICE BUILDING (MULTI -STORY) ELEVATION PLAN EXHIBIT C DEVELOPMENT SCHEDULE 5 page 116 EXHIBIT D LANDSCAPE PLAN (PHASE I) EXHIBIT E UTILITY PLAN (PHASE I) EXHIBIT F LIGHTING PLAN EXHIBIT G PYLON SIGN/MONUMENT SIGN ELEVATION EXHIBIT H DESIGN STANDARDS EXHIBIT I LAND SWAP DESCRIPTION EXHIBIT J TRAIL EASEMENT AREA Section 1.3. Rules of Interpretation. (a) Governing Law. This Agreement shall be interpreted in accordance with and governed by the laws of the state of Minnesota and the ordinances of the City of Mendota Heights. (b) Headings. Any titles of the several parts, articles and sections of this Agreement are inserted for convenience and reference only and shall be disregarded in construing or interpreting any of its provisions. (c) Severability. If any provision of this Agreement is declared invalid, illegal or otherwise unenforceable, that provision shall be deemed to have been severed from this Agreement and the remainder of this Agreement shall otherwise remain in full force and effect. ARTICLE II REPRESENTATIONS AND WARRANTIES Section 2.1. Representations by the City. The City represents, warrants, and covenants to the following: (a) Authority. The City is a statutory city duly organized and existing under the laws of the State of Minnesota. The City is authorized and has the requisite power to enter into this Agreement and perform its obligations hereunder. (b) Obligation to Cooperate. The City shall use reasonable efforts to cooperate and work with the Developer in connection with (i) applications, agreements and permitting to permit the development of the Development Property in accordance with this Agreement, (ii) any requirements of local, state or federal governments or agencies thereof relating to the development of the Project, (iii) coordinating the sequencing, commencement and completion of the Infrastructure Improvements and other portions of the Project; and (iv) completing the Public Improvement Project in accordance with the requirements of Section 3.8 hereof. Section 2.2. Representations, Covenants and Warranties by the Developer. The Developer represents, warrants, and covenants to the following: (a) Authority. The Developer is a duly and legally formed Minnesota limited liability partnership, is not in violation of any of the laws of the local, state or federal 6 page 117 governments, and has all necessary power and authority to enter into this Agreement and to carry out its obligations hereunder. (b) Compliance with Laws. At such time or times as may be required by law or this Agreement, the Developer will have constructed, operated and maintained (to the extent retained by it) the Project in accordance with the terms of this Agreement, the approved plans and all local, state and federal laws and regulations (including, but not limited to, environmental, zoning, building code, energy conservation, and public health laws and regulations). (c) Timeliness. The Developer shall pursue and obtain, in a diligent and timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state and federal laws and regulations which must be obtained or met before the Infrastructure Improvements or any other part of the Project may be lawfully constructed. For purposes of this Agreement, "timely manner" means the time required as set forth in this Agreement or applicable local, state and federal laws and regulations. (d) No Default. Neither the execution, nor the delivery of this Agreement by the Developer, nor the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, materially limited by, or materially conflicts with or results in a material breach of the terms, conditions or provisions of any restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which the Developer is now a party or by which it is bound, or constitutes a default under any of the foregoing. (e) Obligation to Cooperate. The Developer shall cooperate and use its reasonable efforts with the City, in a reasonable, timely and diligent manner, in connection with (i) applications, agreements and permitting to permit the development of the Development Property in accordance with this Agreement, (ii) any requirements of local, state or federal governments or agencies thereof relating to the development of the Project, and (iii) coordinating the sequencing, commencement and completion of the Infrastructure Improvements and other portions of the Project. ARTICLE III DEVELOPMENT OF PROPERTY Section 3.1. Commencement of Development. Subject to Unavoidable Delays, the Developer shall promptly commence development activities in accordance with the schedule of development (Exhibit C) and attached Exhibits and in accordance with the terms and conditions of this Agreement and, after commencement shall continue such development activities with commercially reasonable diligence. It is expressly understood that subject to Unavoidable Delays, the Developer shall commence development activities on or prior to November 15, 2009. Without limiting the generality of the foregoing, the cessation of material development activities for a period of (a) thirty (30) consecutive days or (b) an aggregate of forty-five (45) out of any sixty (60) calendar days for reasons other than Unavoidable Delays shall be deemed to be a breach of the foregoing covenant. For purposes of this provision, commencement of 7 page 118 development is deemed to have occurred when the Developer obtains the necessary permits to commence the installation of the Infrastructure Improvements. Section 3.2. Completion of Development. The Developer shall complete development activities in accordance with the Development Schedule (Exhibit C). The Project shall be fully completed no later than five (5) years after the date of approval of the final development plan by the City. Section 3.3. Development in Accordance with Approved Plans. Development of the Development Property and installation of all public and/or private improvements shall be in accordance with the Plans which have been approved by the City. Failure of the Developer to complete the Project in accordance with the approved Plans shall be an Event of Default under this Agreement. Section 3.4. Modifications to Approved Plans. After final approval of the Plans, the Developer shall not make any changes in the Plans or the Project without the prior written consent of the City, which consent may be given or withheld in the City's sole discretion. The City Council may, by majority vote, delegate approval of minor modifications to the Plans to the City Administrator. Section 3.5. Restrictions on Construction. Throughout the development of all phases of the Project, active construction hours shall be limited to the hours of 7:00 a.m. and 8:00 p.m. (Monday — Friday) and 9:00 a.m. — 8:00 p.m. (Saturday and Sunday). Section 3.6. Street Maintenance and Repair; Erosion Control. If and when City provides notice to the Developer that there is an excessive buildup of mud or dirt on any existing roadway as a result of Developer's construction, Developer shall promptly take such steps as may be necessary to clean up such street, including sweeping (by mechanical means) within 24 hours after notification by the City. Should any of the City's public improvements require repair as a result of Developer's construction activities, Developer shall be responsible for ensuring that such damage is repaired (to a quality level comparable to what existed prior to the commencement of Developer's construction activities) at no cost to the City. Developer shall erect and maintain necessary erosion control to prevent erosion onto wetlands, streets, ponds, storm sewer inlets or other sensitive areas. Section 3.7. Performance Bond. Pursuant to City Code Section 12 -1k -4-D, prior to the issuance of the first building permit, Developer shall furnish a performance bond, naming the City as dual obligee and otherwise in form and substance acceptable to the City, in the sum of equal to one hundred twenty-five percent (125%) of the estimate for the Infrastructure Improvements to be completed by the Developer in the development of the PUD. The amount of the performance bond shall be approved by the City Engineer and the form of which bond shall be approved by the City Attorney prior to its acceptance and shall be provided to the City Administrator as a prerequisite to issuing the first building permit for the planned unit development. The City, in its sole discretion, may accept a letter of credit or cash escrow in lieu of a bond. In the event that the Infrastructure Improvements are not completed within the time prescribed by this Agreement or upon the occurrence of any other "Event of Default" that is not cured within the cure period specified herein, the City, its agents, employees, contractors or other 8 page 119 representatives, may enter upon the Project property and use the bond (or other provided security) to complete the Infrastructure Improvements. So long as no Event of Default has occurred and is continuing and so long as after the partial release of security as requested by the Developer the remaining amount of the bond or other security is in an amount at least equal to 125% of the remaining cost of the Infrastructure Improvements (as determined by the City), upon written request to the Developer from time to time, stating that portions of the Infrastructure Improvements have been completed in accordance with this Agreement and requesting a reduction in the security required herein, the City will consent to such reduction of the security by an amount equal to one hundred percent (100%) of the cost of that portion of the said Infrastructure Improvements completed as certified by the City's engineer. Section 3.8. City Expenses. Developer shall be responsible for any and all reasonable costs, fees, charges or expenses incurred by the City related to legal costs, planning, engineering services, including without limitation, inspection, surveying, supervision and administration costs and fees in any way relating to the preparation, negotiation and execution of this Agreement, and any amendments, modifications or extensions thereof or otherwise relating to the Project (collectively, "City Expenses"). Upon execution of this Agreement, Developer shall provide the City with a certified check for $16,500, which are the known City Expenses incurred through March 31, 2009. Thereafter, Developer shall reimburse the City for any additional City Expenses within thirty (30) days of Developer's receipt of a reasonably detailed invoice from the City. Under no circumstances will the total costs exceed $22,000 for City Expenses incurred with respect to the approval of the Project and negotiation of this Agreement. If such payments are not received by the City within thirty (30) days, in addition to any other rights and remedies of the City hereunder, at law or in equity, all approvals of the City and City Engineer detailed in the Agreement shall be suspended and have no effect until such time as Developer has paid the City for all City Expenses in full. Lack of payment of City Expenses shall also constitute an Event of Default under this Agreement. Notwithstanding the cap on City Expenses set forth in this section, in the event that the Developer requests modifications to the Project or to this Agreement, or if the City is required to take action as a result of Developer's default under this Agreement, the Developer shall be liable for any City Expenses, including reasonable attorneys fees, incurred with respect to any such modification of the Project or this Agreement or in any action to enforce this Agreement. Section 3.9. Public hnprovement Project. Subject to Unavoidable Delays, the City shall endeavor in good faith to substantially complete the Public hnprovement Project no later than November 15, 2009. Section 3.10. Unavoidable Delay. In the event that an event constituting an Unavoidable Delay is discovered by either party such party shall notify the other of such Unavoidable Delay within thirty (30) days of such discovery. The notice shall include an estimate of time the condition will likely prevail. In the event that the Unavoidable Delay lasts more than ninety (90) days, Developer and City Council shall meet to discuss alternatives which may be available. Section 111. Land Swap. The City will convey to Developer, by quit claim deed, Outlot A, Mendota Heights Senior Housing Addition. In exchange, Developer shall convey a parcel of land to the City, as depicted on Exhibit I, by quit claim deed. Alternatively, the 9 page 120 Developer may convey such land by dedicating the land to the City on the final plat. To the extent required, Developer shall be responsible for providing a proper legal description for the property being conveyed to the City. The City and Developer each represent and warrant that they each own their respective parcels and that neither party knows of any liens, mortgages or other encumbrances on said party's respective parcel. ARTICLE IV SITE REQUIREMENTS — SPECIFIC PUD STANDARDS AND CONDITIONS OF APPROVAL Section 4.1. Uses Generally. The permitted use of the Development Property shall be limited to those uses that are generally permitted and/or conditional in the zoning district applicable to the specific Lot. Notwithstanding the foregoing, the Developer acknowledges that the City's approval of the PUD was based, in part, on the Developer's representation that the Project would be completed according to the Plans presented to the City and attached hereto. For this reason, any change to the proposed use of a specific Lot must be approved by the City Council. In addition, all uses within the Project are subject to the conditions outlined in this Agreement. Section 4.2. Building Height and Material. All buildings shall be restricted to the heights listed for the underlying zoning district in the Code or this Agreement, and as presented in the plans provided to the City as part of the PUD approval process. Unless a change is approved by the City, all building materials must be the same as identified on the plans approved by the City (and the samples provided to the City during the PUD approval process). Section 4.3. Building Setbacks. The setbacks on the buildings to be constructed on the Development Property are identified on the approved Site Plan attached hereto as Exhibit A (the "Site Plan"). Section 4.4. Parking. The number and location of the parking stalls are generally identified on the approved Site Plan. The Developer shall not reduce the number of parking stalls from the number shown on the Site Plan, nor materially change the location of any such parking stalls, without the prior written consent of the City. Section 4.5. Signage. The location of the pylon signs and the improvements to be made to the existing pylon sign are identified on the approved Plans, including, without limitation, the Site Plan. Developer also has the right to construct the monument sign on State Trunk Highway No. 110 in the location identified on the approved Site Plan, and as generally identified on the approved Monument Sign Elevation attached hereto as Exhibit G. Building signage will be consistent with the Design Standards, and shall be subject to City Council review and approval. Section 4.6. Lighting. Pursuant to the Code, lights for illuminating parking areas, loading areas or yards for safety and security purposes are permitted provided that the light does not interfere with the use or enjoyment of property owned by an adjacent owner within one hundred fifty feet (150') of the light source. Developer has provided the City with a Lighting Plan which is attached to this Agreement as Exhibit F. In the event that a property owner located within one hundred fifty feet (150') of any light source depicted on the Lighting Plan objects to 10 page 121 the placement of any light source, Developer shall use its best efforts to work with the adjacent property owner to resolve any concerns. Section 4.7. Stormwater Management, Ponding and Drainage. The City Engineer has reviewed the Plans for the stormwater management, the proposed stormwater pond and the drainage system. Any change to Plans must be approved by the City Engineer. The City Engineer, in his or her sole discretion, may request City Council action on any changes to the approved stormwater and drainage Plan. Prior to the issuance of a building permit, Developer shall provide the City with a permit from MnDOT for stormwater discharge. Section 4.8. Easements. Developer shall be required to provide the following easements to the City or other appropriate governmental entity: (a) Drainage and Utility Easements. Ten foot (10') wide drainage and utility easements along the front property lines and five foot (5') drainage and utility easements along the rear property line as depicted on the plat. (b) Sanitary Sewer and Water Easements. Developer shall dedicate thirty foot (30') easements over trunk sanitary lines and water lines as required by Saint Paul Regional Water Services. (c) Public Access Easement. Developer shall provide an easement for public access to and from the trail and greenway as such trail may be extended in the future by either the City or by Dakota County or neighboring property owners as depicted on Exhibit J. Section 4.9. Hours of Operation. All retail establishments located in the PUD shall be restricted in their hours of operation. No retail establishment located in the PUD shall be open to the public outside of the hours of 6:00 a.m. to 10:30 p.m. Notwithstanding the foregoing, establishments holding an on -sale liquor license may operate during the hours specified on their license. Section 4.10. Lot Specific Requirements. (a) Lot 1: a Walgreens pursuant to the Elevation and Floor Plans attached hereto as Exhibit BO1 (b) Lot 2: remodeling the existing Mendota Plaza building pursuant to the Elevation and Floor Plans attached hereto as Exhibit B-2. (c) Lot 3: a restaurant/retail building ("Building A") as illustrated on the Elevation and Floor Plans attached hereto as Exhibit B-3 (d) Lot 4: a retail/restaurant building ("Building B") as illustrated on the Elevation and Floor Plans attached hereto as Exhibit B-4. (e) Lot 5: an office/retail building as illustrated on the Elevation Plan attached hereto as Exhibit B-5. 11 page 122 (f) Lot 6: a residential building as illustrated on the Elevation Plan attached hereto as Exhibit B-6. (g) Lot 7: a daycare facility as illustrated on the Elevation Plan attached hereto as Exhibit B-7. (h) Lot 8: a multistory office building as illustrated on the Elevation Plan attached hereto as Exhibit B-8. Section 4.11. Traffic Improvements. Developer has provided the City with a traffic study dated March 31, 2008, and a Summary dated December 16, 2008, prepared by RLK, Inc. ("Traffic Study"). Developer acknowledges that the City expressed concerns over the impact of the Project on traffic in the area surrounding the Development Property. In the event that an independent traffic engineer, reasonably acceptable to both parties, determines that: (a) traffic conditions have degraded to a Level Of Service ("LOS") grade D or worse at any time between the execution of this Agreement and eighteen (18) months following the later of (i) Project completion or (ii) full occupancy of all housing and commercial units; and (b) if the Traffic Engineer determines that the redevelopment of the Development Property, and subsequent use thereof is a material contributing cause of the degradation in LOS, the Developer or any subsequent land owner(s) in the PUD shall provide the traffic improvements proposed by the third party engineer to restore a LOS of grade C. Developer's obligations hereunder are subject solely to the following locations: the intersection of Dodd Road (STH149) and STH110; Dodd Road and West Mall Access; Dodd Road and South Plaza Drive; South Plaza Drive and South Mall Access and STH110 and Northeast Mall Access. ARTICLE V LANDSCAPING; PARK DEDICATION Section 5.1. Site Landscaping. Developer has provided a Landscape Plan which is attached to this Agreement as Exhibit D. The Developer must install and maintain an irrigation system, as depicted on the Landscape Plan. All landscaping must be completed as depicted on the Landscape Plan. The Developer agrees that the trees planted with the water feature within Outlots B, C and D will be allowed to grow to maturity. Developer shall be responsible for the routine maintenance and replacement of landscape materials listed in the approved landscape plan throughout the life of the development. The City reserves the right to maintain or replace landscaping materials should the material require maintenance or replacement. If the City acts to replace or maintain landscape material, the landowner shall be billed for the time and materials necessary to complete the maintenance and/or replacement action. Section 5.2. Landscape Letter of Credit. Prior to the issuance of a grading, excavation, foundation, and/or building permit, the Developer shall provide the City with a landscape letter of credit, bond or other security covering a minimum of one full growing season — calendar year which is acceptable to the City in an amount of up to one hundred fifty percent (150%) (as determined by the City Administrator or designee) of the full cost of all landscaping, irrigation, and fencing. After one (1) complete growing season, Developer may request a release (partial or total) of the letter of credit or bond; provided, however, that the amount to be released (if any) 12 page 123 shall be determined by the City in the exercise of its reasonable discretion. The City shall if requested by the Developer, return the letter of credit or bond to the Developer after the landscape portion of the Project has been closed out by the City (which shall not be earlier than one year after the installation of all landscaping in accordance with the Landscape Plan). Section 5.3. MnDOT Approval of Landscaping. Prior to the issuance of the first building permit, Developer shall provide the City with evidence of approval of MnDOT for any landscaping which abuts MnDOT property or right-of-way. Section 5.4. Park Dedication. A Park Dedication Fee equal to ten percent (10%) of the land value associated with Lots 1 and 3-8 created as part of the development shall be paid by the Developer to the City prior to approval of the Final Plat. Pursuant to the City's formula, the amount of park dedication due for this development has been calculated at $185,693.00 which represents ten percent (10%) of the current assessed value of the lots which shall be developed. Developer acknowledges that under the City's current park dedication policy, the City is entitled to collect an amount equal to $2,700 per housing unit for the development of Lot 6. For purposes of this Agreement, the park dedication for Lot 6 was calculated at a commercial rate based upon the Developer's representation that development of Lot 6 will be an assisted living facility. In the event that the Developer requests approval to modify the Plans and/or this Agreement to allow any type of housing other than assisted living, the City will re-examine the calculation of appropriate park dedication for such housing. ARTICLE VI PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER Section 6.1. Representation as to Development. The Developer recognizes that, in light of: (a) the importance of the Project to the general welfare of the community; and (b) the fact that any act or transaction involving or resulting in a change in the identity of the parties in control of the Developer or the degree of their control is for practical purposes a transfer or disposition of the property then owned by the Developer, the qualifications and identity of the Developer are of particular concern to the City and community. The Developer further recognizes that it is because of such qualifications and identity that the City is entering into the Agreement with the Developer. Section 6.2. Prohibition Against Transfer and Assignment. Developer represents and agrees that, prior to the completion of the Project, unless the Developer shall have received the prior written approval of the City, which shall not be unreasonably withheld, conditioned or delayed, there shall be no transfer or conveyance of all of any portion of the Development Property or any change in the ownership of the Developer, whether direct or indirect, nor shall there be any other change in the identity of the parties in control of the Developer or the degree thereof, by any other method or means. Notwithstanding the foregoing, there shall be no limitation upon any involuntary transfer of an ownership interest resulting from the death or disability of any owner or a transfer to an affiliate of Developer. Section 6.3. City's Consent to Transfer. In consenting to a proposed transfer, the City shall be entitled to require the following information: 13 page 124 (a) Evidence of Developer Experience. Any proposed transferee shall have development experience, sufficient in the reasonable judgment of the City, necessary and adequate to fulfill the obligations undertaken pursuant to this Agreement by the Developer as to the portion of the Development Property to be transferred. (b) Evidence of Financial Qualification. Any proposed transferee shall have the financial qualifications and financial responsibility, in the reasonable judgment of the City, necessary and adequate to fulfill the obligations undertaken pursuant to this Agreement by the Developer as to the portion of the Development Property to be transferred. (c) Agreement to Be Bound. Any proposed transferee, by instrument in writing satisfactory to the City and in a form recordable among the land records, must, for itself and its successors and assigns, and expressly for the benefit of the City, have expressly agreed to and assumed all of the obligations of the Developer under this Agreement as to all or the portion of the Development Property to be transferred. No transfer of, or change with respect to, the ownership of the Development Property or any part thereof, or any interest therein, however consummated or occurring, whether voluntary or involuntary, shall operate to deprive or limit the City with respect to any rights, remedies, or controls provided in or resulting from this Agreement. (d) Form of Transfer Documents. Any and all instruments and other legal documents involved in effecting the transfer of any interest in this Agreement or the Development Property shall be in a form reasonably satisfactory to the City. If the information required in Section 6.3(a) — (d) is provided, and deemed to be satisfactory to the City in its reasonable discretion, the City must consent to the transfer. Section 6.4. Construction Loan Subordination. (a) Subordination. In order to allow Developer to consummate financing to obtains funds for the Project ("Construction Loan") the City agrees that it will execute an agreement of subordination, in form reasonably requested by Developer's construction lender ("Lender"), provided that such subordination agreement is in a form approved by the City and which form is protective of the City's interests as contained in this Agreement and the City's interest in the Development Property, a relevant portion thereof to which the lien or title of which Lender relates under this Agreement to the interest of the Lender. (b) Notice of Default to Lender. If the City delivers any notice of demand to the Developer with respect to any Event of Default, the City will also deliver a copy of such notice or demand to the Lender, provided that the Lender (or Developer) has provided the City with written notice of the Lender's desire to receive such notice and the proper address for such notice to be delivered. (c) Option to Cure. Upon occurrence of an Event of Default, the Lender will have the right (in so far as the rights of the City are concerned), at its option, to cure or remedy 14 page 125 such Event of Default provided that such cure or remedy is providing within the time frame required by Section 7.1 (a) of this Agreement. (d) Collateral Assignment. Notwithstanding anything to the contrary in Section 6.2, the City consents to a collateral assignment of this Agreement to the Lender, and such Lender will not be required to assume the obligations of this Agreement. ARTICLE VII EVENTS OF DEFAULT Section 7.1. Defined. The term "Event of Default" means any failure by the Developer or the City to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement. (a) Remedies. Whenever any party becomes aware of the occurrence of an Event of Default, the non -defaulting party may, after providing thirty (30) days written notice to the defaulting party of the Event of Default, but only if the Event of Default has not been cured within said thirty (30) days or if the Event of Default is by its nature incurable within thirty (30) days and the defaulting party does not provide assurances reasonably satisfactory to the non -defaulting party that the Event of Default would be cured as soon as reasonably possible or even with such assurances, if such Event of Default is not cured within ninety (90) days, take whatever action permitted by law, including legal, equitable or administrative action, which may appear necessary or desirable to cure any such Event of Default or to enforce performance and observance of any obligation, agreement or covenant under this Agreement. (b) Bankruptcy, etc. If the Developer admits in writing its inability to pay its debts generally as they become due, or shall file a petition in bankruptcy, or shall make an assignment for the benefit of its creditors, or shall consent to the appointment of a receiver of itself or of the whole or any substantial part of the Development; Section 7.2. City Remedies Upon Default by Developer. The City, following an Event of Default by Developer and the passing of any applicable notice and cure periods, has the following additional remedies: (a) Suspend Agreement. Suspend its performance under this Agreement until it receives assurances from the Developer, deemed reasonably adequate by the City, that the Developer will cure its default and continue its performance under this Agreement; (b) Cancel or Rescind Agreement. Cancel or rescind this Agreement; (c) Draw on Letter of Credit or Performance Bond. If the Event of Default relates to (i) the failure of Developer to reimburse the City for City Expenses; (ii) failure of the Developer to maintain landscaping in accordance with this Agreement and the Landscape Plan; or (iii) failure of the Developer to commence or complete construction in accordance with the Development Schedule, the City shall be entitled to draw upon any 15 page 126 letter of credit, performance bond or cash escrow provided in accordance with this Agreement. (d) Withhold Certificate. Withhold the Certificate of Completion; or (e) Any other Action. Take whatever action at law or in equity may appear necessary or desirable to the City to enforce performance and observance of any obligation, agreement, or covenant of the Developer under this Agreement. Section 7.3. No Remedy Exclusive; No Waiver. No remedy provided in this Agreement is intended to be exclusive of any other available remedy or remedies. Each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission on the part of the City in exercising any remedy or power shall be construed as any type of waiver of such remedy or power. In the event that any Event of Default is waived by the City, such waiver shall be limited to that particular Event of Default and shall not be deemed to be a waiver of any other concurrent, previous or subsequent Event of Default. The Developer shall be required to reimburse the City for any costs (including reasonable attorneys fees) incurred by the City in enforcing this Agreement and the Developer's obligations hereunder. ARTICLE VIII INDEMNIFICATION, RELEASE AND INSURANCE Section 8.1. Release, Waiver and Indemnification. To the fullest extent allowed by law, the Developer, the Developer's contractors or subcontractors, suppliers and laborers, release and waive any claims of liability or responsibility in any way against the City, the City Council and its agents or employees. The Developer will indemnify and hold harmless the City from all such claims, demands, damages actions or causes of action and reimburse the City for any out-of-pocket expenses incurred by the City or its insurer related to the same, specifically including, but not limited to, reasonable costs and expenses for City administrative time and labor, costs of consulting engineering services and costs of legal services rendered in connection with defending the City from claims which may be brought in connection with the Project or the Development Property. Section 8.2. Insurance. At all times prior to the completion of the Project, Developer agrees to provide and maintain general liability, builder's risk and worker's compensation insurance coverage in amounts, and from insurance companies reasonably acceptable to the City. ARTICLE IX ADDITIONAL PROVISIONS Section 9.1. Non-Irnputation. All covenants, stipulations, promises, agreements and obligations of the City or the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the City and not of any governing body member, officer, agent, servant or employee of the City or the City in their individual capacity. 16 page 127 Section 9.2. Equal Employment Opportunity. The Developer, for itself and its successors and assigns, shall agree that during the construction of the Infrastructure Improvements it will comply with all affirmative action and non-discrimination requirements of applicable federal, state or local laws or regulations. Section 9.3. City Approvals. The City's roles in connection with zoning, building code, and other governmental processes are independent of this Agreement, without limitation of the consequences thereof, the approvals given by the City pursuant to such governmental processes shall not be limited by any qualifications in this Agreement unless otherwise provided for in this Agreement. Section 9.4. Notices and Demands. Any notice required under this Agreement shall be sufficiently given or delivered upon receipt if personally delivered; three (3) days after dispatched by U.S. registered or certified mail, postage prepaid, return receipt requested; or one (1) day after delivery by nationally recognized overnight delivery service; at the following addresses (a) To the City: City Administrator City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 with a copy to: Winthrop & Weinstine, P.A. 225 South Sixth Street, Suite 3500 Minneapolis, MN 55402 Attention: Mendota Heights City Attorney (b) To the Developer: Mendota Mall Associates, LLP c/o Paster Enterprises, LLC 2227 University Avenue St. Paul, MN 55114 with a copy to: Tony Gleekel Siegel, Brill, Greupner, Duffy & Foster, PA 100 Washington Avenue, Suite 1300 Minneapolis, MN 55401 Section 9.5. Counterparts. This Agreement is executed in any number of counterparts, each of which shall constitute one and the same instrument. 17 page 128 Section 9.6. Complete Agreement. This Agreement is the complete agreement between the parties hereto with respect to the matters addressed herein and shall, as of the Effective Date supersede all prior agreements related thereto, both oral and written. Section 9.7. Successors and Assigns. This Agreement shall be binding upon the successors, heirs, and assigns of the Developer and the City. Section 9.8. Authority. Each of the undersigned parties warrants that it has full authority to execute this Agreement, and each individual signing this Agreement on behalf of a company hereby warrants that he or she has full authority to sign on behalf of the company that he or she represents and to bind such company thereby. Section 9.9. Recording. This Agreement shall be recorded against the Development Property. Section 9.10. Estoppel Certificates. The City will from time to time, within ten (10) business days after written request by the Developer, execute, acknowledge and deliver to and in favor of any proposed lender, purchaser of the Development (or portion thereof), or any assignee, an estoppel certificate, in form reasonably satisfactory to the City and to said party requesting said certificate, a certificate stating: (a) this Agreement is in full force and effect; (b) the Agreement has not been modified or amended, or if so, identifying and describing any such modification or amendment; and (c) the City has not noticed any Event of Default on the part of the Developer or any other claim against the Developer, or if so, specifying the nature of said default or claim. Section 9.11. No Reliance. The Developer acknowledges that the City's approval of the Project is based on the materials provided by Developer and application of the City's land use code. The City's approval of this Agreement and the Project should not be interpreted as any type of representation by the City regarding the feasibility of the various components of the Project as depicted in the Plans. Section 9.12. Certificate of Completion. Within twenty (20) days of request from Developer, the City will deliver to Developer a Certificate of Completion certifying that the Infrastructure Improvements have been completed, and a certification of completion of the building improvements pursuant to the approved Plans. Section 9.13. Termination of Prior approvals. Upon execution of this Agreement, the City will execute whatever documents (in recordable form) are reasonably requested by Developer to terminate the prior PUD approval and conditional use permits encumbering Lot 2. [Remainder of this page deliberately left blank] 18 page 129 IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf and the Developer has caused this Agreement to be duly executed in its name and behalf on or as of the date first above written. CITY OF MENDOTA HEIGHTS By: By:e It : City Clerk STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) �LL The foregoing instrument was acknowledged before me this day of—, 2009, by John J. Huber and Kathleen M. Swanson, the Mayor and City Clerk, respecti�velly, of the City of Mendota Heights, a Minnesota statutory city, on behalf of such city. AAAAAAAAAMAAAAAMAAMAANA ;�. LINDA L. SHIPTON Notary Public -Minnesota My Commission Expires Jan 31, 2010 STATE OF MINNESOTA ) ) ss. vo COUNTY OF L 1I• ) Notary Public MENDOTA MALL ASSOCIATES, LLP By: Its: ff ctrl ag iYtak j2'? £rn.12& The foregoing instrument was acknowledged before me this St day of , 2009, by \ P d , the Mom l t l'f'1 %Y of Mendota Mall Associates, LLP, a Minnesota limited liability partners hi , on behalf of such limited liability partnership. 4232284v LISA MARIE TAYLOR Notary Public -Minnesota My Commission Expires Jan 31, 2014 19 page 130 EXHIBIT A Development Property Legal Description Lots 1 through 8, inclusive, Block 1, and Outlots A through E, inclusive, MENDOTA PLAZA EXPANSION, according to the recorded plat thereof, Dakota County, Minnesota. A-1 EXHIBIT A Development Property Legal Description and Master Site Plan page 131 , 1 n4E111111111(111.11E1 .filfatkVa„ VASTER PLAN PASTER ENTERPRISES 2227 UNIVERSITT AVENUE Si PAUL. MN 55114 1.orf...., "Olt 01.11...11+14 • - "CIIIME2 . : A-1 v '4 te!eeettttt .: t : At. xxxtr,r, hRli P. h l'. n r; +-0 ' ggi il 1 iii hl ri i3 p' P i i ' ' ' ' • , § 15 EtEttgiji % iL0 0. 6 et 43C:Ltit ZI;.>"70. a t tt 4; t a •PL1',1 ,,,•t!,t, .4 't tip PASTER ENTERPRISES 2227 UNIVERSITT AVENUE Si PAUL. MN 55114 1.orf...., "Olt 01.11...11+14 • - "CIIIME2 . : A-1 EXHIBIT B PROJECT ELEVATIONS AND FLOOR PLANS 8-1 page 132 ��r page 133 EXHIBIT B-1 WALGREENS ELEVATION CJ 4) 11111111111 111311111111 11!fii� 11!!! W COD & MANAGEMENT SHOPPING CENTER DEVELOPMEN B-1 id)1 page 134 EXHIBIT B -I WALGREENS FLOOR PLAN • nuumi z B-1 �l� EXHIBIT B-2 page 135 E2 EXISTING BUILDING (REMODELED) ELEVATION AND FLOOR PLAN B-2 EXHIBIT B-2 E-3 EXISTING BUILDING (REMODELED) ELEVATION AND FLOOR PLAN page 136 B-2 EXHIBIT B-3 RESTAURANT / RETAIL ELEVATION AND FLOOR PLAN page 137 W Yll TYiEdi . 1 41t111:111 011 111111-11 0 t� Iml�iul� -�IIj ill e41�1i1�1.i41 i �1pp¢ m11g11141l/1W1411!60i pp 11 alli �I0a131' II f=1 10111111111111P1 11=101411110114111 IIAAAi9AAAAl'. 1 4 li11LITE AWJA141L': FIDII J1IIIG6 o 11011 W1llll ll14l IQIII�igEEP Env I, W11t1iI 1111111. ipn11N' t.: V 11llnfO10/. 1l PEO .A 1 111- 91A ■1 1.. 11111111J N 1111011411111�1114T.11 0 A-2 BUILDINGA ELEVATION SHOPPING CENTER DEVELOPMENT & MANAGEMENT 411 4 p i 1 B-3 EXHIBIT B-3 A3 BUILDING A FLOOR PLAN page 138 -I if -•J 4 1'. 1 1D A-3 BUILDING A FLOOR PLAN c% N CO O gid "O S CD M O a) CENTER DEVELOPMENT & MANAGEMENT 0 an B-3 page 139 EXHIBIT B-4 RETAIL / RESTAURANT ELEVATION AND FLOOR PLAN 4 Iqqh • igs1 Vl 1 CC � h uY s% C) 0 0- 0-- C?— 111 11 MIN 11'ni :z I l MI 6 1 0-- 1 1iI Ian I I Al Tdf m�. 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F 7 A IsmTnnim3 uniumiduj If11111n11gnuln,IIY wnli R tl el v L k a 4 i1 �a 0 rf$ Ia� r*4 (rTD iI (45 B-2 BUILDING B ELEVATIONS co tri0 O B-4 EXHIBIT B-4 BUILDING B FLOOR PLAN page 140 B-4 page 141 EXHIBIT B-5 OFFICE / RETAIL ELEVATION PLAN • �a • • Id ■ B-5 EXHIBIT B-6 MULTI -FAMILY RESIDENTIAL ELEVATION page 142 B-6 �� x EXHIBIT B-6 MULTI -FAMILY RESIDENTIAL ELEVATION SIDE AND REAR page 143 1: 1 1 ■ r rL3 B-6 page 144 EXHIBIT B-7 CHILD CARE / EDUCATIONAL USE ELEVATION B-7 SL, page 145 EXHIBIT B-8 OFFICE BUILDING (MULTI -STORY) ELEVATION 1N.0�6A' Odtl H 4 { 0 J_ 5 0 1 0 0 I-- cn E,; 0' ui 0 0,:'.;_..... a' B-8 DEVELOPMENT SCHEDULE MENDOTA PLAZA SCHEDULE Existing Building Completion Date CD O T O O 0 02/04/08 0) O O N 000 0) O co O CO 0) O T O C) 11/01/08 0) O ul T N T 03/01/09 0) 0 0 0 000Ta.- 0) 0 0 co 0ONCCOCDcO000 0) 0 T 0 „* 0) 0` 0 0 In T C) O``,, +- O 0 T 0 00000 0 T O 0 In 0 O 0 T O Start Date 02/01/08 10/01/07 02/01/08 01/20/09 02/01/08 N. O O l) O 02/01/08 CO 0 O N T C) 0 T O t� O Ch 0 T O 0 CO 0 T O r T C) 0 u) T C) 0 CDC) 0 T O r T 0 41 T O) O CD 0 T O O T 0 1 T O O 03/01/10 03/15/10 C .p Completion Date 1 [ 04/01/08 COC)C)C)OC) O O 0 O 0 N O 0) O O 0) O T O O (I) r ' 02/15/091 C) O T 0 CO 08/01/091 C)0 O ,_'C' O 00a000.-,- T T 0 10/01/10 NA] 10/15/10 0 TZ O [ NAI <C CD T T O Walgreens Buil Start Date 02/01/071 h.cocuco 000c...) O oaTa O 000 N O 05/01/07 02/01/08 12/01/08 1 _ - 0) O O t` o 07/01/09 co O 0 Too 00 T 0 Nr T 0 I\ NA 00< z LC) - �O OT T O z [ NA East Retail Buildings 1 Completion Date C) O T O 02/04/081 C)C)C)COC) O O N T 0 O COO O CO 0 O T- N 0 O O T O O N 0 04/01/09 08/01/09 08/01/091 CD O 0 0) 0 CO O 0 N 1- 0<00<<0 T 0 I- 0 Z T OO CC 0 111 T- t- 0 Z Z T O CO 0 Start Date CO 0 T O 00-00 I` 0 T O CO 0 T O 0) 0 O N 02/01/081 02/01/071 02/01/08 C) 0 T 00 000T00 0) 0 T 0) 0 T 0 CO 0 T 0 0) o CC) T 0 T T 0 < 0) 0 T O ,N -C) 0 T T O [ NA Q na) a Lease Negotiations 1 City Concept Review City Zoning, Prelim. Plan Approval 1 City Final Approval Const. Documents, Site Schematic Design, Buildings 0)Cn C CO a) 0C cm 0 ;Const. Docs, Building Permitting/Bidding, SiteWork Permitting/Bidding, Buildings _- 1 Interim financing Grading and Utilities Paving, Lighting, Landscaping Demo 1st part Existing Building Shell Building Tenant Improvements Relocate Endcap Tenants Demo 2nd part Existing Building 1Open for Business O Z TNM"Cr Ul UD t's CO CD CD'—NCO T T vr TCflU) T T Is' T °DC) T T N 0 N CO 0 N 0 N 07 O. page 146 page 147 EXHIBIT D LANDSCAPE PLAN tENNIAt. PLANT SCHEDULE i."* ..i�« S; G.Aia f— S.fin« =sRk; �, qS . Jii,i ; 6: ki£��ll{ �M: 1 �.�.s p.., t ¢3 -1'( :k� � i') -,154 i „tea iS'+.4 I I ,k .+?�So �. PII- `,^�a,'G�i ff nnl �.; 3 �: `.. �,�-� ei •� �'^3i c:, ¢�¢5 eN 9..0 i F. .4 e. et'r P.,ZN M1'w'? �"F 2 e ,., ,i7, o`2 ,_,s. ?y 6 4=4E e L1.0 mn.nw LANDSCAPE PLAN PASTER ENTERPRISES.f 1++0111{o CO, olvt\of,llnv I 04,04,41M1>f 2227 UNIVERSITY AVENUE ST. PAUL MN 55114 D-1 page 148 EXHIBIT E UTILITY PLAN (PHASE 1) E:6 NEy° TA P N7A x nc/nr UTILITY PLAN PASTER ENTERPRISES. nrvt+o.wrx+x w.,rxctwtx+ 2227 UNIVERSITY AVENUE 5T. PAUL, MN 55114 10. ..., UrNn1ro E -I EXHIBIT F LIGHTING PLAN page 149 es A4' 8 8 g 4g-4, u n 21 @ E n E $ ..ua ..�,..a.,w.,.� 13 afri... E.'. b.. a. A. y... I. el.' 8 , 0 o 11 SITE. LIGHTING 8 8 � g / t ill' ‘ t / F 0.4 V i i ; c7 b; q Pr ,�' Or ; s< E. y\ii, '� I% al q 1� 'wi,. A ` g i9 `� ` 'de wW -```_,B , Vin! '° 0 : Co- 1../ a ° u il :71-;'' 4 °« 1 I .E V . O'C .r. yf.{ 44 � rID 17 , .EJ w .. t 4, E E4 ay p pc°. V ip t o / p 4.1 k F r ted. Ff 4 FA, n` Ft � 4 r3 MENDOTA PWA i MENDOTA HEIGHTS MN i• s Iplln .11 4 ,m.r.tacr:0341,,14, pr.a 47.w.v F—1 EXHIBIT G PYLON SIGN / MONUMENT SIGN ELEVATION page 150 .O -SL XOZIddV 371NOV 094IG N9IG 6-13NVd N9IG 1n"dN31 GJ17.1-,L n0 -04I awxMr NhmO7 9NLIGIX3 1N►Vd ',INbIO J „E -,LZ Y Q951G G1 NVd N9IG IG GAF 1NVN31 •,1-,5 ,.E"*,b 21318 N.VIZIH E- G-1 EXHIBIT H DESIGN STANDARDS page 151 MENDOTA PLAZA MENDOTA HEIGHTS, MN DESIGN STANDARDS KKE NO.: 0508.1262.01 KKE ARCHITECTS PASTER ENTERPRISES MENDOTA PLAZA DESIGN STANDARDS INDEX ARCHITECTURAL STANDARDS 1 BUILDING ORIENTATION 1 BUILDING DESIGN 1 SCREENING 3 LANDSCAPE AND SITE TREATEMENT 4 PLANTING 4 PARKING 6 WALKS AND TRAILS 6 LIGHTING 7 STREETSCAPE ELEMENTS 7 SIGNS 8 TYPES 8 NUMBER OF/SIZES/HEIGHTS 9 PLACEMENT/LOCATION 12 THEME 13 Development and Management of Shopping Centers H-1 KK arch itects expanding the vision=, page 152 MENDOTA PLAZA MENDOTA HEIGHTS, MN DESIGN STANDARDS KKE NO.: 0508.1262.01 KKE ARCHITECTS PASTER ENTERPRISES ARCHITECTURAL STANDARDS BUILDING ORIENTATION Policy o Require that buildings be orientated to the streets and internal roadway activity as well as the activity in the parking lot where possible. o Grouping of building to help define usable outdoor space. Standards G New buildings, of various sizes and uses, are positioned around the remaining portion of existing retail building and the internal road network. o Outdoor space is utilized to break up parking fields, enhance detention ponds, and perimeter area, and to provide pedestrian access to the various buildings. BUILDING DESIGN BUILDING MASS Policy • Varying scale of buildings should be encouraged. • Varying roofline to create interest in design styles encouraged. Standards O Building coverage of not more than 40 percent may be accepted. • Large areas of blank wall surface facing the street front is discouraged. Continuous stretch of a single facade discouraged unless the building has a singular use. H-2 page 153 MENDOTA PLAZA MENDOTA HEIGHTS, MN FACADE DESIGN Policy • Monotony of design in single or multiple building projects shall be avoided. • Undulating facade shall be encouraged. Standards • Exterior facade treatment shall be designed in a manner that creates interest to the pedestrian. • Tower forms, brick treatment, decorative columns will be incorporated into facade design. BUILDING MATERIALS Policy • Materials shall be selected for suitability to the type of buildings and the design in which they are used, Building walls should be finished in aesthetically acceptable tones colors and materials, complement the tones, colors, and materials of neighboring buildings. • Materials shall be durable quality. Standard D Exterior wall treatments like brick, natural stone, terra cotta and decorative concrete block, stucco and architectural metal panels shall be used. Other similar materials may be acceptable. • All wood treatment shall be painted and weather proofed. • A minimum of 25 percent of the facade shall be treated with the finished masonry building material. • Earth tone colors of exterior materials compatible and complementary to adjacent buildings shall be encouraged. • Blank single masonry walls must consist of 25% of decorative masonry variation in color, texture or surface. H-3 DESIGN STANDARDS KKE NO.: 0508.1262.01 KKE ARCHITECTS PASTER ENTERPRISES page 154 MENDOTA PLAZA MENDOTA HEIGHTS, MN DOORS AND WINDOWS Policy o Visible entry from the street or a marked paved or well lit pathway encouraged. o Canopies shall be encouraged at entryways and shall meet city requirements for their projection. o Window frame, material and color to complement architectural style. o Window openings may be modulated to scale and proportion complementary to the architectural style. o Vertically proportioned windows should be encouraged. • Decorative lintels and opening heads encouraged. DESIGN STANDARDS KKE NO.: 0508.1262.01 KKE ARCHITECTS PASTER ENTERPRISES Standard o Canopies and awnings shall be made of various materials and colors. • A minimum eight feet clear space shall be provided from sidewalk elevation to the lowest point of a canopy and/or suspended sign. • Combination of glass and masonry will be encouraged along street fronts. • Window frames shall be constructed of metal. • Windowsill at base facade shall be a minimum of 1-1/2 feet above interior slab level. • Window and doors shall be glazed in clear glass with no more than 10 percent daylight reduction. Mirrored windows shall be discouraged. SCREENING Standard o Loading areas, serviced doors, mechanical equipment or other utility hardware on ground, roof, or building shall be screened from public view with materials complimentary with the building, or they shall be so located as not to be visible from any public ways. H-4 4)9 page 155 MENDOTA PLAZA MENDOTA HEIGHTS, MN DESIGN STANDARDS KKE NO.: 0508.1262.01 KKE ARCHITECTS PASTER ENTERPRISES FRANCHISE DESIGN Policy • Franchise design shall utilize materials, scale and style of architectural standard guidelines. • Create a homogenous sense of space even while each business could create its own special look with the parameters set by management and the areas design guidelines. LANDSCAPE AND SITE TREATMENT PLANTING Policy o Plant material is to be utilized within the site area as an aid to provide continuity within the area and to provide a recognized definition of its boundaries. Standards • Parkway like street trees will be utilized along all external and internal roadways placement as to not block visibility of commercial signage. • Unity of design shall be achieved by repetition of certain plant varieties and other streetscape materials and by correlation with adjacent development. • Entry points into the areas are to be significantly landscaped and are to be designed with a common theme. H-5 page 156 MENDOTA PLAZA MENDOTA HEIGHTS, MN DESIGN STANDARDS KKE NO.: 0508.1262.01 KKE ARCHITECTS PASTER ENTERPRISES o A "Grand Boulevard" is to connect the new and existing areas reinforcing their complimentary uses and providing a strong visual corridor. Policy • Plant material is to be utilized as a screening element for parking and building utility areas. Standards o Plant materials are to be utilized within parking lot islands within the area, grouped massing of landscape encouraged in parking lots to maximize landscape impact and allow functional snow removal and storage. • All loading service, utility and outdoor storage areas shall be screened from all public roads and adjacent differing land uses. When natural materials are used as a screen, the screen shall achieve 75% capacity year round. o Lighting provided in landscaped areas is encouraged and should be directed away from public right-of-way. Policy • The landscape design of each area within the site boundaries is to be reviewed to determine if the landscape treatment helps to beauty and unify the overall area. Despite this approach, individual landscape designs that help enhance architectural features, promote individuality, provide shade, strengthen vistas and axis is encouraged. H-6 4d ,7 page 157 MENDOTA PLAZA MENDOTA HEIGHTS, MN DESIGN STANDARDS KKE NO.: 0508.1262.01 KKE ARCHITECTS PASTER ENTERPRISES Standards o Plant material shall be selected in regard to its interesting structure, texture, color, seasonal interest and its ultimate growth characteristics. o Where building sites limit planting, the placement of plant materials in planters or within paved areas is encouraged. PARKING Policy o All developments should encourage a strong connection between the buildings and parking areas through unified construction of elements, pedestrian paths and entries. Standards ® Pedestrian passageways through the parking areas are encouraged. • Pedestrian passageways are to be lit to an average of one -foot candle. Policy • Commercial buildings and sites must accommodate pedestrian as well as auto traffic. Standards o All pedestrian crosswalks shall be clearly defined with signage, changes in pavement type, or painted walk areas. Parking stall size standards must meet City Zoning ordinance requirement. © When determined appropriate, commercial buildings are to accommodate bicycle/motorcycle parking areas and bike rack design. H-7 ae page 158 MENDOTA PLAZA MENDOTA HEIGHTS, MN DESIGN STANDARDS KKE NO.: 0508.1262.01 KKE ARCHITECTS PASTER ENTERPRISES LIGHTING Policy O Lighting of the site should provide continuity and consistency throughout the area. Standards • Exterior lighting, when used, shall enhance the building design and the adjoining landscape. ▪ Lighting standards and building fixtures shall be of a design and size compatible with the buildings and adjacent areas. Lighting used in the adjacent area should be encouraged throughout the site. • Lighting shall be restrained in design and excessive brightness avoided. STREETSCAPE ELEMENTS Policy o Urban streetscape elements such as a hard edge plaza treatment shall be encouraged. Standards o Design character, streetscape and other planning elements shall be consistent with quality of other projects in this area. H-8 page 159 MENDOTA PLAZA MENDOTA HEIGHTS, MN DESIGN STANDARDS KKE NO.: 0508.1262.01 KKE ARCHITECTS PASTER ENTERPRISES SIGNS TYPES This section of the site's Design Guidelines addresses the following signs: 1. Area Identification Signs: A freestanding sign (a pylon or monument) located at an entrance way or a focal point, identifying a land development having a common identity. Area identification signs could identify certain businesses. 2. Business Identification Signs: Any sign which identifies a business or group of businesses, either retail or wholesale, or any sign which identifies a profession or is used in the identification or promotion of any principal commodity or service, including entertainment, offered or sold upon the premises when such sign is located. These would include: a) Freestanding Monumental/Business Sign: Self-supporting sign not affixed to another structure. This may be constructed as monument sign. b) Wall Sign: A sign affixed to the exterior wall of a building and which is parallel to the building wall. c) Address Sign: Postal identification number and/or name, whether written or in a numeric form. 4 3. Prohibited Signs: The following signs shall be prohibited in the site area: a) Roof signs: Signs erected, constructed or attached wholly or in part upon or cover the roof of a building. b) Motion signs: Any sign, which revolves, rotates, has moving parts or gives the illusion of motion. Illuminated reader boards shall be allowed where appropriate. c) Portable signs: A sign so designed as to be movable from one location to another and which is not permanently attached to the ground, sales display device, or structure. Ordinance allows 32 square foot sign lay license for 10 days, three times a year per business. H•9 )/' page 160 MENDOTA PLAZA MENDOTA HEIGHTS, MN DESIGN STANDARDS KKE NO.: 0508.1262.01 KKE ARCHITECTS PASTER ENTERPRISES Policy • The use of the site's area identification signs should be encouraged. Such signs should evoke the intended character of the subject area. • The Monument/Business Identification Signs should promote a signage design standard integrated with the site's Concept Design. • A comprehensive signage plan will be required for multi -tenant buildings in the site. Standards • Roof signs, motion signs and portable signs shall be prohibited. • Air inflated devices, banner, pennants and whirling devices, or any such sign resembling the same, shall be prohibited within the site area except when used in conjunction with events, such as grand openings. Ordinances allows for temporary permit. • No sign other than governmental signs shall be erected or temporarily placed within any street right-of-way, or upon any public easement. NUMBER OF SIGNS/SIZE/HEIGHT REQUIREMENT Policy o Signs should be located and constructed in a manner considered visually compatible with the area and tie together both new and existing signs. o Signs should fulfill their intended purpose (readable business identification) in a non -obtrusive, aesthetically pleasing manner. • Signs that complement the scale of the building should be encouraged. • Signs must provide appropriate business identity. Standards - Number of Signs A. Area Identification Sign • Area identification signs are to be located at entranceways and focal points on the site. o Interior on-site traffic directional sign may be permitted. H-10 page 161 MENDOTA PLAZA MENDOTA HEIGHTS, MN DESIGN STANDARDS KKE NO.: 0508.1262.01 KKE ARCHITECTS PASTER ENTERPRISES B. Business Identification Sign 1. Free Standing Monumental/Business Signs: • One freestanding monumental/business identification sign per single and double occupancy business building. o Buildings containing three (3) or more businesses may display an area identification sign. individual freestanding signs identifying a tenants business are not allowed. 2. Wall Sign o One wall sign per store frontage affixed to the exterior wall, canopy or marquees for freestanding buildings. o For multi -tenant building occupancy, one tenant identification wall sign per building facade will be provided. 3, Address Signs • One address sign per door for each tenant shall be provided. • Number of address signs are not included in the wall sign calculation. Standards - Size and Height A. Area Identification Sign • Area Identification signs may not exceed 200 square feet with a maximum height of 35 feet. PUD and sign plan approval may allow increase in size. o Seven Area Identification signs at locations shown on the Master Plan, Sheet C2.0 will be allowed. A. Business Identification Sign 1. Free-standing Monumental/Business Signs o Single or Double Occupancy Business Signs shall not exceed 15% of the total front building facade except that both front and side facades may be counted for a corner tenant. Sign area may not exceed a maximum height of 35 feet. Monument signs may not exceed more than 10 feet high. H-11 10 page 162 MENDOTA PLAZA MENDOTA HEIGHTS, MN DESIGN STANDARDS KKE NO.: 0508.1262.01 KKE ARCHITECTS PASTER ENTERPRISES o The sign base for the monumental/business signs shall not exceed one half the maximum sign size permitted in the zoning district. 1. Wall Sign o Wall sign on any single and double tenant building shall not exceed 100 square feet. o Individual tenant of multiple occupancy structures devoted to two (2) or more businesses may display separate business signs if they have an exclusive exterior entrance. The number of signs, per individual tenant under 10,000 square feet, shall be limited to one per storefront facade, and each sign shall not exceed 100 square feet. o Wall signs for individual anchor tenants, which exceed 10,000 square feet in size, shall not exceed 200 square feet per building facade. • Wall signs for business identification signs shall not exceed the height of the building they serve. o The signs shall be located on exterior walls, which are directly related to the use being identified. 1. Address Signs o Address signs numbers must be a minimum of 3 inches in height and visible from the street frontage. This area is exclusive of the wall sign area allowed. 11-12 G,� page 163 MENDOTA PLAZA MENDOTA HEIGHTS, MN DESIGN STANDARDS KKE NO.: 0508.1262.01 KKE ARCHITECTS PASTER ENTERPRISES PLACEMENT/LOCATION Policy • The city's setback standards are to be met in regard to minimum location standards. o The area and business/monument signs must be located in the landscaped area. O The location of signs should not interfere with traffic visibility or movement of traffic. Standards • No sign or sign structure shall be closer to any lot line than a distance equal to one-half the minimum required yard setback. • Wall signs may be located on building face, canopy or marquee. © Signs incorporated into the facade of building shall not project more than 12" beyond the plane of the facade on which it is located. MATERIALS Policy • Signs should be constructed of internally illuminated individual letters, logo allowed, considered compatible to prominent building materials. • Signs should be aesthetically compatible to prominent building materials. • Signs should be aesthetically compatible with both the area and the building they serve. TYPE FACE Policy O Creativity/inventiveness in message conveyance should be encouraged. © Sign lettering should be of a scale considered compatible with the area and the building they serve. 11-13 page 164 MENDOTA PLAZA MENDOTA HEIGHTS, MN DESIGN STANDARDS KKE NO.: 0508.1262.01 KKE ARCHITECTS PASTER ENTERPRISES ILLUMINATION Policy ▪ Creative lighting, which is not overpowering should be encouraged. • Signs utilizing flashing lights are not permitte Standards • Signs shall be illuminated only by steady, stationary, shielded light sources directed solely at the sign, or internal to it, without causing glare for motorists, pedestrians, or neighboring premises. THEME Policy • Signs should exhibit a sense of continuity. • Sign color of metal surround should be used in a manner considered visually compatible with the area. • Discourage buildings that are designed as signs. Note: Sign criteria will require individual channel letters and prohibit cabinet signs except for logos unless copyrighted sign for business is required. H-14 v rn .0 J w 0 5 a 0 0 a 0 N a 7 0 0 D U 0 Nor 06, 2009 12:04pm page 165 EXHIBIT I LAND SWAP 2009 RLK INC. NORTH 0 50 SCALE IN FEET / 444. L / / /17 1/ T LOT 6 517± SF TO BE DEDICATED TO THE CITY OF MENDOTA HEIGHTS 1,688± SF TO BE DEDICATED TO THE CITY OF MENDOTA HEIGHTS I I SOUTH PLAZA DRIVE S89'57'25`W sc .4.N89'48'34"E 12.79 ti. atvw` Rg1ti� Duhob. MN H,m lake, MN Hihhing. VN Minnnonk , MN ()ALIA,. MN Phone. 952/330972 Fos 952 933 1153 uvv.rlkinc,com 9119 Blue C,rok flncc . Swu; 100 • Minnetonk+. MN 55343 MENDOTA PLAZA EXPANSION DATE 3/6/09 LAND EXCHANGE EXHIBIT 1-1 SHEET / 1 of 1 page 166 EXHIBIT I LAND SWAP 2,81O± SF TO BE DEEDED TO MENDOTA MALL ASSOCIATES BY THE CITY OF MENDOTA HEIGHTS Apr 20, 2009 3 ( nu+9r.14ti9 ) Duluth, MN M H01 0,M \l6mnnnk,, MN fhkdek, M? 96 in 952 93333 001172 aww.tlltiuc.com 6110 Blue Circic Dnve • Suitt 100 • Minnuuaka, MN 55343 MENDOTA PLAZA EXPANSION 4/2DATE 0/09 LAND EXCHANGE EXHIBIT 1-2 SHEET 1 of 1 EXHIBIT J Trail Easement page 167 uo CDD Mendota Mali Association 1%1 MENDOTA PLAZA EXPANSION Mendota Hoightn. Mlnneaota PROJECT 50o5.e3Y Description Sketch REVISIONS Mendota Mali Association 2227 University .Avenue St. Poul, MN 55114 J-1 i e a�ub tilm that 1Me qon vaa F� a y I t /�'� yld rrT wpr•1.. a�tion DAIS 'O t 11C ND.2300 AI11n 4 TMrwiwa55.1tonc 0517.o=5.1 6130 nla8Oe J.IJriv. • Saha 100 • MMneronka, R0N 55343 FIRST AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT page 168 THIS FIRST AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT (this "Amendment") is made as of the Roc~ day of iLnr,of,) , 2010 ("Effective Date"), by and between the City of Mendota Heights, a Minnesstatutory city, having its principal office at 1101 Victoria Curve, Mendota Heights, Minnesota 55150-0688 ("City") and Mendota Mall Associates, LLP, a Minnesota limited liability partnership, having its principal office at 2227 University Avenue, Saint Paul, Minnesota 55114, its successors and assigns as permitted herein ("Developer") WITNESSETH: WHEREAS, the City and the Developer entered into that certain Planned Unit: Development Agreement dated April 30, 2009 ("Agreement"); and WHEREAS, while the Developer has commenced development activities in accordance with the Agreement, commencement of construction of improvements on the Development Property has been temporarily delayed due to a delay in Developer's closing on its construction financing due to the discovery and remediation of hazardous substances on the Property, and the macro economic and lending environment; and WHEREAS, the Developer and City desire to enter into this Amendment to amend the Development Schedule; and NOW, THEREFORE, the parties hereto agree as follows: 1. Definitions. Capitalized ten -ns used, but not defined herein, have the meanings ascribed to them in the Agreement, except for terms with new definitions as set forth in this Amendment. 2. Development Schedule. The Development Schedule attached hereto as Exhibit A hereby replaces the Development Schedule attached as Exhibit C to the Agreement. Any references in the Agreement to the Development Schedule or Exhibit C will hereinafter mean the Development Schedule attached hereto as Exhibit A. The City hereby acknowledges that development activities commenced on or prior to November 15, 2009. as required in Section 3.1 of the Agreement. 3. Public Improvement Project. The substantial completion date for the Public Improvement Project is changed from November 15, 2009, to July 1, 2010. 4. Ratification. Except as expressly amended hereby, all of the terms, provisions, covenants and conditions of the Agreement are hereby ratified and confirmed and will continue in full force and effect. page 169 5. Authority. The individuals executing this Amendment hereby represent and warrant that they are empowered and duly authorized to so execute this Amendment on behalf of the parties they represent. 6. Counterparts. This Amendment may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. [Signatures Appear On Next Page] 2 page 170 IN WITNESS WHEREOF, the City has caused this Amendment to be duly executed in its name and behalf and the Developer has caused this Amendment to be duly executed in its name and behalf on or as of the date first above written. CITY OF MENDOTA HEIGHTS By: By: STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) Its: City Clerk The foregoing instrument was acknowledged before me this /to day of 7)(1(,l/I d 1 , 2010, by John J. Huber and Kathleen M. Swanson, the Mayor and City Clerk, respectively, of the City of Mendota Heights, a Minnesota statutory city, on behalff such city. ' GN �PAMELA. J. DEEB NOTARY PUBLIC -MINNESOTA Notary Public My Commission Ex,. Jan. 31,2012 VMm STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) MENDOTA MALL ASSOCIATES, LLP By: Its:. (C ct_a'1 h i The foregoins rument was acknowledged before me this �ay of ht-cie , 2010, by --�::: rl aster, the Managing Member of Mendota Mall Associates, LLP, a Minnesota limited liability partnership, on behalf of such limited liab' ity p. nership. LISA MARIE TAYLOR No ary Public -//7''-- Notary Public -Minnesota My Commission Expin3s Jan 31, 2014 25151 -001 -first Amendment to PUD Agreement 3 0 0 MENDOTA PLAZA SCHEDULE O N 0 N O N co to N m CL 0 a 0) U 0 CD a rn 0 0 NOTE: The above listed dates are approximate; page 171 i)11 0)1 ��O 0 02/04/081 01/20/09 04/21/09 03/01/09 11/01/081 12/15/09 rnrn000000 ,..- OO o 00 08/01/091 04/15/10 ` 0 O. --O 0 =0000 1 ` OO \ 0 10/01/11 10/01110 fa, Q, ' �, UV) ;a co ;,:0 ;��$OO ,aoa .p;o 0? n c0 O co O 00000 cr)0 0:10 O O �1 0 0 O O 00 Maar. o O 0 0 o o 0 07/01/09 11/01/08 05/01/10 07/01/10 05/01/10 05/01/1,0 07/15/10 09/01/10 _o O 0) o 00000 ?fit' O ;Oa O !d. s0. .0 O N o 0 N 0 O 11/01108) 12/15/09 02/15/09 08/01/09 08/01/091 04/15/10 10/01/10 12/01/10 NA 03/01/11 04/01/11 NA O •o :.5,:i.,, o3 'A: ie fir. t�, n q1:,..., v.., C� a'O °''' n co 00 (� 4 o 01/20/09 02/01/08 ,-...co 00 00 12/01/08 07/01/09 07/01/09 11/01/08 0 0< 0 -< ENZ4.5. � Z 0 W 0) 0o ao NA tt ::.r r: ;..1 ° imp. o 02/04/08 01/20/09 04/21/09 02/19/09 11/01/08 02/19/09 04/01/091 08/01/09 08/01/09 04/01/111 08/01/11 12/01/11 NA 01/01/12 04/01/12 NA Z� 4 '..5:�'�'.0 _.: W: .011:; ,1: �-0 10/01/07 r 02/01/08 00 O _a 00 02/01/07 02/01/08 01/01/09 07/01/09 0) CO 0o 0 r 05/01/11 08/01/11 NA 07/01/11 01/01/12 NA Z Lease Negotiations City Concept Review City Zoning, Prelim. Plan Approval City Final Approval Const. Documents, Site Const Docs, Building Permitting/Bidding, SiteWork Permitting/Bidding, Buildings Interim financing Gradin. and Utilities Pavin., Li.htin., Landsca•ing Demo 1st .art Existin. Building Shell Buildin. Tenant Improvements Relocate Endcap Tenants Demo 2nd part Existing Building Open for Business .-- N r0 V'N co n U]0) O7. 5:4_01 0 °r" 00 O N 0 N O N co to N m CL 0 a 0) U 0 CD a rn 0 0 NOTE: The above listed dates are approximate; page 171 page 172 EXHIBIT B (Additional Elevations for Existing Retail) • lHl1,10l1l1G WW1 OWW4OHf NW `S1H9I3H V1OON301 VZb'1d V1OON3114 0 O 0:II 0rn r� 40 Ii 1 JJ L. 0 0 !!p !!IIIA n ipIIIIIIIIIIIIIIIIIIIILIIIp!I.I milli!'iili61111iifllliliu i 11911E1,11 11 111,11.1141III IIinummnmmui 111111111111 dull idliiiiii iiiminim! O 0 D D r z O rn x rn A O rn r D O z page 173 ®�III;IIIIIPIll , Ili 9 Ii11�4!IggpllgRl!!!!I!!II! „„ iiiiiii,„ ili 1i „, iiiiiiii liiiiiliiiiiii ii„ 'i®i...:r ('Illill1111111111111111111111111111111111111 iiiiiii111111iiiiiiiiiiiil ii 11 11111111111 111 11 IIII 0 R WCE ArchltKb,R Ste find warm meth mi' (B12)131142C0 PASTER ENTERPRISES w. FAX 01434242a EMOPPIMG (MCI OEYEEOPMEMT • 1 .TMEGIMEMI einakawom NW `S1H9I3H V10aN3W VZV1d V10aN3W end )VMD rEt page 174 - - *-c:-.)- tg xA - 'a -V - - 'ii SIL1 l Yli4 IEIFY l a Its RT I page 174 This document drafted by: Winthrop & Weinstine, P.A. (TRD) 225 South Sixth Street Suite 3500 Minneapolis, Minnesota 55402 page 175 SECOND AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT THIS SECOND AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT (this "Second Amendment") is made as of the day of May, 2010 ("Effective Date"), by and between the City of Mendota Heights, a Minnesota statutory city, having its principal office at 1101 Victoria Curve, Mendota Heights, Minnesota 55150-0688 ("City") and Mendota Mall Associates, LLP, a Minnesota limited liability partnership, having its principal office at 2227 University Avenue, Saint Paul, Minnesota 55114, its successors and assigns as permitted herein ("Developer") WITNESSETH: WHEREAS, the City and the Developer entered into that certain Planned Unit Development Agreement dated April 30, 2009 ("Agreement") as amended by that certain First Amendment to Planned Unit Development Agreement dated February 16, 2010 ("First Amendment") attached hereto as Exhibit A; WHEREAS, while the Developer has requested to make certain changes to the proposed exterior of a portion of the Project (as defined in the Agreement); and WHEREAS, the Developer and City desire to enter into this Second Amendment to allow the proposed changes and to amend the timing requirements for the completion of the Public Improvement Project. NOW, THEREFORE, the parties hereto agree as follows: page 176 1. Definitions. Capitalized terms used, but not defined herein, have the meanings ascribed to them in the Agreement, except for terms with new definitions as set forth in this Second Amendment. 2. Modification of Exhibit B-2. The Project Elevations and Plans attached to the Agreement as Exhibit B-2 are hereby amended to incorporate the changes reflected on the elevations and plans attached hereto as Exhibit B. 3. Public Improvement Project. The substantial completion date for the Public Improvement Project is changed from July 1, 2010 to March 1, 2011. 4. Ratification. Except as expressly amended hereby, all of the terms, provisions, covenants and conditions of the Agreement are hereby ratified and confirmed and will continue in full force and effect. 5. Authority. The individuals executing this Second Amendment hereby represent and warrant that they are empowered and duly authorized to so execute this Amendment on behalf of the parties they represent. 6. Counterparts. This Second Amendment may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. [Signatures Appear On Next Page] 3 page 177 IN WITNESS WHEREOF, the City has caused this Amendment to be duly executed in its name and behalf and the Developer has caused this Amendment to be duly executed in its name and behalf on or as of the date first above written. CITY OF MENDOTA HEIGHTS By: t7 cting Mayor By: ,f4( Its: City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this /.5 ay of 2010, by Jack Vitelli and Kathleen M. Swanson, the Acting Mayor and Ci of the City of Mendota Heights, a Minnesota statutory city, on behalf of su 4 LINDA L. SHIPTON Notary Public -Minnesota My Oammle®Ian Expires Jan 31, 2015 STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) li No ary Public Clerk, respectively, city. MENDOTA MALL ASSOCIATES, LLP By: The foregoi instru► : t was acknowled ed before a this /-''day o 2010, by C, i1,tq„c,�'at , the /A/4 -7/A/7 )fi4.,iwf Mendot. �i` Associates, LLP, a Minnesota limited f • ill partnership, on behalf such limited liabilitypartnership. tYP P 41-47:A/14- The 7L4 44 1 5225819 //i ,i//ill I (CHARD WYMAN JAHNKE Notary Public -Minnesota My Commission Expires Jan 31, 2015 3 page 178 EXHIBIT A (First Amendment to PUD Agreement) page 179 This document drafted by: Siegel Brill Greupner Duffy & Foster PA 100 Washington Avenue South Suite 1300 Minneapolis, MN 55401 612-337-6100 (AJG) THIRD AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT THIS THIRD AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT (this "Third Amendment") is made as of the Aol °d.ay of 0c411L ✓ , 2010 ("Effective Date"), by and between the City of Mendota Heights, a Minnesota statutory city, having its principal office at 1101 Victoria Curve, Mendota Heights, Minnesota 55150-0688 ("City") and Mendota Mall Associates, LLP, a Minnesota limited liability partnership, having its principal office at 2227 University Avenue, Saint Paul, Minnesota 55114, its successors and assigns as permitted herein ("Developer") WITNES SETH: WHEREAS, the City and the Developer entered into that certain Planned Unit Development Agreement dated April 30, 2009, as amended by that certain First Amendment to Planned Unit Development Agreement dated February 16, 2010 ("First Amendment"), and as amended by that certain Second Amendment to Planned Unit Development Agreement dated May 18, 2010 ("Second Amendment") (collectively referred to as "Agreement"); WHEREAS, the Developer and City desire to enter into this Third Amendment to amend Section 4.9 of the Agreement to expand the hours of operation of certain retail establishments as limited in Section 4.9 of the Agreement. NOW, THEREFORE, the parties hereto agree as follows: 1. Definitions. Capitalized terms used, but not defined herein, have the meanings ascribed to them in the Agreement, except for terms with new definitions as set forth in this Third Amendment. page 180 2. Section 4.9 of the Agreement. Section 4.9 of the Agreement is hereby deleted in its entirety and replaced with the following: "Section 4.9 Hours of Operation. All retail establishments located in the PUD shall be restricted in their hours of operation. No retail establishment located in the PUD shall be open to the public outside the hours of 6:00 a.m. to 10:30 p.m. Notwithstanding the foregoing; (i) establishments holding an on -sale liquor license may operate during the hours specified on their license; and, (ii) Fitness Clubs occupying less than 10,000 square feet may be open twenty-four (24) hours a day. For purposes of this provision, "Fitness Club" shall mean a place for people to maintain or improve their physical fitness through the use of facilities and equipment which may include aerobics, weight training, muscular exercise programs, yoga, pilates or other similar activities. 3. Ratification. Except as expressly amended hereby, all of the tenns, provisions, covenants and conditions of the Agreement are hereby ratified and confirmed and will continue in full force and effect. 4. Authority. The individuals executing this Third Amendment hereby represent and warrant that they are empowered and duly authorized to so execute this Third Amendment on behalf of the parties they represent. 5. Counterparts. This Third Amendment may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. [Signatures Appear On Next Page] page 181 IN WITNESS WHEREOF, the City has caused this Amendment to be duly executed in its name and behalf and the Developer has caused this Amendment to be duly executed in its name and behalf on or as of the date first above written. CITY OF MENDOTA HEIGHTS By: By: STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before 2010, by John Huber and Nancy Bauer, the Mayor City of Mendota Heights, a Minnesota statutory city, LINDA L. SHIPTON } Notary Public -Minnesota My Commission Expires Jan 31, 2015 Its: ctin City Clerk me this A9day of Alp U te-, o , and Acting City Clerk, respectively, of the on behalf of such city. MENDOTA MALL ASSOCIATES, LLP By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) The foregoing ins ent was acknowledged before me thisnV t1ay of Q ury ixx 2010, by H'D iar P LS fif (, the Parti of Mendota Mall Associates, LLP, a Minnesota limited liability partnership, on behalf of such limited liability partnership. 5429450v3 MEGHAN D. HUSO NOTARY PUBLIC -MINNESOTA My Commission Expires Jan. 31, 2015 r VkAAAAAAAAAAAmAAmirtirkAwArmAAANtt FIRST AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT page 182 THIS FIRST AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT (this "Amendment") is made as of the Roc~ day of iLnr,of,) , 2010 ("Effective Date"), by and between the City of Mendota Heights, a Minnesstatutory city, having its principal office at 1101 Victoria Curve, Mendota Heights, Minnesota 55150-0688 ("City") and Mendota Mall Associates, LLP, a Minnesota limited liability partnership, having its principal office at 2227 University Avenue, Saint Paul, Minnesota 55114, its successors and assigns as permitted herein ("Developer") WITNESSETH: WHEREAS, the City and the Developer entered into that certain Planned Unit: Development Agreement dated April 30, 2009 ("Agreement"); and WHEREAS, while the Developer has commenced development activities in accordance with the Agreement, commencement of construction of improvements on the Development Property has been temporarily delayed due to a delay in Developer's closing on its construction financing due to the discovery and remediation of hazardous substances on the Property, and the macro economic and lending environment; and WHEREAS, the Developer and City desire to enter into this Amendment to amend the Development Schedule; and NOW, THEREFORE, the parties hereto agree as follows: 1. Definitions. Capitalized ten -ns used, but not defined herein, have the meanings ascribed to them in the Agreement, except for terms with new definitions as set forth in this Amendment. 2. Development Schedule. The Development Schedule attached hereto as Exhibit A hereby replaces the Development Schedule attached as Exhibit C to the Agreement. Any references in the Agreement to the Development Schedule or Exhibit C will hereinafter mean the Development Schedule attached hereto as Exhibit A. The City hereby acknowledges that development activities commenced on or prior to November 15, 2009. as required in Section 3.1 of the Agreement. 3. Public Improvement Project. The substantial completion date for the Public Improvement Project is changed from November 15, 2009, to July 1, 2010. 4. Ratification. Except as expressly amended hereby, all of the terms, provisions, covenants and conditions of the Agreement are hereby ratified and confirmed and will continue in full force and effect. page 183 5. Authority. The individuals executing this Amendment hereby represent and warrant that they are empowered and duly authorized to so execute this Amendment on behalf of the parties they represent. 6. Counterparts. This Amendment may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. [Signatures Appear On Next Page] 2 page 184 IN WITNESS WHEREOF, the City has caused this Amendment to be duly executed in its name and behalf and the Developer has caused this Amendment to be duly executed in its name and behalf on or as of the date first above written. CITY OF MENDOTA HEIGHTS By: By: STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) Its: City Clerk The foregoing instrument was acknowledged before me this /to day of 7)(1(,l/I d 1 , 2010, by John J. Huber and Kathleen M. Swanson, the Mayor and City Clerk, respectively, of the City of Mendota Heights, a Minnesota statutory city, on behalff such city. ' GN !HJT PAMELA. J. DEEB Is_ NOTARY PUBLIC -MINNESOTA Notary Public My Commission E pIm Jan. 31,2012 t ■ MENDOTA MALL ASSOCIATES, LLP By: STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) Its:..tAe cw'i hei The foregoins rument was acknowledged before me this �ay of ht-cie , 2010, by --�::: rl aster, the Managing Member of Mendota Mall Associates, LLP, a Minnesota limited liability partnership, on behalf of such limited liab' ity p. nership. LISA MARIE TAYLOR No ary Public -//7''-- Notary Public -Minnesota My Commission Expin3s Jan 31, 2014 25151 -001 -first Amendment to PUD Agreement 3 0 0 MENDOTA PLAZA SCHEDULE O N 0 N O N co to N m CL 0 a 0) U 0 CD a rn 0 0 NOTE: The above listed dates are approximate; page 185 i)11 0)1 ��O 0 02/04/081 01/20/09 04/21/09 03/01/09 11/01/081 12/15/09 rnrn000000 ,..- OO o 00 08/01/091 04/15/10 ` 0 O. --O 0 =0000 1 ` OO \ 0 10/01/11 10/01110 fa, Q, ' �, UV) ;a co ;,:0 ;��$OO ,aoa .p;o 0? n c0 O co O 00000 cr)0 0:10 O O �1 0 0 O O 00 Maar. o O 0 0 o o 0 07/01/09 11/01/08 05/01/10 07/01/10 05/01/10 05/01/1,0 07/15/10 09/01/10 _o O 0) o 00000 ?fit' O ;Oa O !d. s0. .0 O N o 0 N 0 O 11/01108) 12/15/09 02/15/09 08/01/09 08/01/091 04/15/10 10/01/10 12/01/10 NA 03/01/11 04/01/11 NA O •o :.5,:i.,, o3 'A: ie fir. t�, n q1:,..., v.., C� a'O °''' n co 00 (� 4 o 01/20/09 02/01/08 ,-...co 00 00 12/01/08 07/01/09 07/01/09 11/01/08 0 0< 0 -< ENZ4.5. � Z 0 W 0) 0o ao NA tt ::.r r: ;..1 ° imp. o 02/04/08 01/20/09 04/21/09 02/19/09 11/01/08 02/19/09 04/01/091 08/01/09 08/01/09 04/01/111 08/01/11 12/01/11 NA 01/01/12 04/01/12 NA Z� 4 '..5:�'�'.0 _.: W: .011:; ,1: �-0 10/01/07 r 02/01/08 00 O _a 00 02/01/07 02/01/08 01/01/09 07/01/09 0) CO 0o 0 r 05/01/11 08/01/11 NA 07/01/11 01/01/12 NA Z Lease Negotiations City Concept Review City Zoning, Prelim. Plan Approval City Final Approval Const. Documents, Site Const Docs, Building Permitting/Bidding, SiteWork Permitting/Bidding, Buildings Interim financing Gradin. and Utilities Pavin., Li.htin., Landsca•ing Demo 1st .art Existin. Building Shell Buildin. Tenant Improvements Relocate Endcap Tenants Demo 2nd part Existing Building Open for Business .-- N r0 V'N co n U]0) O7. 5:4_01 0 °r" 00 O N 0 N O N co to N m CL 0 a 0) U 0 CD a rn 0 0 NOTE: The above listed dates are approximate; page 185 page 186 EXHIBIT B (Additional Elevations for Existing Retail) • lHl1,10l1l1G WW1 OWW4OHf NW `S1H9I3H V1OON301 VZb'1d V1OON3114 0 O 0:II 0rn r� 40 Ii 1 JJ L. 0 0 !!p !!IIIA n ipIIIIIIIIIIIIIIIIIIIILIIIp!I.I milli!'iili61111iifllliliu i 11911E1,11 11 111,11.1141III IIinummnmmui 111111111111 dull idliiiiii iiiminim! O 0 D D r z O rn x rn A O rn r D O z page 187 ®�III;IIIIIPIll , Ili 9 Ii11�4!IggpllgRl!!!!I!!II! „„ iiiiiii,„ ili 1i „, iiiiiiii liiiiiliiiiiii ii„ 'i®i...:r ('Illill1111111111111111111111111111111111111 iiiiiii111111iiiiiiiiiiiil ii 11 11111111111 111 11 IIII P3 WCE ArchltKb,R Ste find warm meth mi' (B12)131142C0 PASTER ENTERPRISES w. FAX 01434242a EMOPPIMG (MCI OEYEEOPMEMT • 1 .TMEGIMEMI einakawom NW `S1H9I3H V10aN3W VZV1d V10aN3W F 2 1 end )VMD rEt page 188 - - *-c:-.)- tg xA - 'a -V - - 'ii SIL1 l Yli4 IEI FY l a Its RT I page 188 This document drafted by: Winthrop & Weinstine, P.A. (TRD) 225 South Sixth Street Suite 3500 Minneapolis, Minnesota 55402 page 189 SECOND AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT THIS SECOND AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT (this "Second Amendment") is made as of the day of May, 2010 ("Effective Date"), by and between the City of Mendota Heights, a Minnesota statutory city, having its principal office at 1101 Victoria Curve, Mendota Heights, Minnesota 55150-0688 ("City") and Mendota Mall Associates, LLP, a Minnesota limited liability partnership, having its principal office at 2227 University Avenue, Saint Paul, Minnesota 55114, its successors and assigns as permitted herein ("Developer") WITNESSETH: WHEREAS, the City and the Developer entered into that certain Planned Unit Development Agreement dated April 30, 2009 ("Agreement") as amended by that certain First Amendment to Planned Unit Development Agreement dated February 16, 2010 ("First Amendment") attached hereto as Exhibit A; WHEREAS, while the Developer has requested to make certain changes to the proposed exterior of a portion of the Project (as defined in the Agreement); and WHEREAS, the Developer and City desire to enter into this Second Amendment to allow the proposed changes and to amend the timing requirements for the completion of the Public Improvement Project. NOW, THEREFORE, the parties hereto agree as follows: page 190 1. Definitions. Capitalized terms used, but not defined herein, have the meanings ascribed to them in the Agreement, except for terms with new definitions as set forth in this Second Amendment. 2. Modification of Exhibit B-2. The Project Elevations and Plans attached to the Agreement as Exhibit B-2 are hereby amended to incorporate the changes reflected on the elevations and plans attached hereto as Exhibit B. 3. Public Improvement Project. The substantial completion date for the Public Improvement Project is changed from July 1, 2010 to March 1, 2011. 4. Ratification. Except as expressly amended hereby, all of the terms, provisions, covenants and conditions of the Agreement are hereby ratified and confirmed and will continue in full force and effect. 5. Authority. The individuals executing this Second Amendment hereby represent and warrant that they are empowered and duly authorized to so execute this Amendment on behalf of the parties they represent. 6. Counterparts. This Second Amendment may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. [Signatures Appear On Next Page] 3 page 191 IN WITNESS WHEREOF, the City has caused this Amendment to be duly executed in its name and behalf and the Developer has caused this Amendment to be duly executed in its name and behalf on or as of the date first above written. CITY OF MENDOTA HEIGHTS By: t7 cting Mayor By: ,f4( Its: City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this /.5 ay of 2010, by Jack Vitelli and Kathleen M. Swanson, the Acting Mayor and Ci of the City of Mendota Heights, a Minnesota statutory city, on behalf of su 4 LINDA L. SHIPTON Notary Public -Minnesota My Oammle®Ian Expires Jan 31, 2015 STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) li No ary Public Clerk, respectively, city. MENDOTA MALL ASSOCIATES, LLP By: Its: 41-47:A/14- The 7L4 44 The foregoi instru► : t was acknowled ed before a this /-''day o 2010, by C, i1,tq„c,�'at , the /A/4 -7/A/7 )fi4.,iwf Mendot. �i` Associates, LLP, a Minnesota limited f • ill partnership, on behalf such limited liabilitypartnership. tYP P 1 5225819 I (CHARD WYMAN JAHNKE Notary Public -Minnesota My Commission Expires Jan 31, 2015 3 page 192 EXHIBIT A (First Amendment to PUD Agreement) page 193 This document drafted by: Siegel Brill Greupner Duffy & Foster PA 100 Washington Avenue South Suite 1300 Minneapolis, MN 55401 612-337-6100 (AJG) THIRD AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT THIS THIRD AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT (this "Third Amendment") is made as of the Aol °d.ay of 0c411L ✓ , 2010 ("Effective Date"), by and between the City of Mendota Heights, a Minnesota statutory city, having its principal office at 1101 Victoria Curve, Mendota Heights, Minnesota 55150-0688 ("City") and Mendota Mall Associates, LLP, a Minnesota limited liability partnership, having its principal office at 2227 University Avenue, Saint Paul, Minnesota 55114, its successors and assigns as permitted herein ("Developer") WITNES SETH: WHEREAS, the City and the Developer entered into that certain Planned Unit Development Agreement dated April 30, 2009, as amended by that certain First Amendment to Planned Unit Development Agreement dated February 16, 2010 ("First Amendment"), and as amended by that certain Second Amendment to Planned Unit Development Agreement dated May 18, 2010 ("Second Amendment") (collectively referred to as "Agreement"); WHEREAS, the Developer and City desire to enter into this Third Amendment to amend Section 4.9 of the Agreement to expand the hours of operation of certain retail establishments as limited in Section 4.9 of the Agreement. NOW, THEREFORE, the parties hereto agree as follows: 1. Definitions. Capitalized terms used, but not defined herein, have the meanings ascribed to them in the Agreement, except for terms with new definitions as set forth in this Third Amendment. page 194 2. Section 4.9 of the Agreement. Section 4.9 of the Agreement is hereby deleted in its entirety and replaced with the following: "Section 4.9 Hours of Operation. All retail establishments located in the PUD shall be restricted in their hours of operation. No retail establishment located in the PUD shall be open to the public outside the hours of 6:00 a.m. to 10:30 p.m. Notwithstanding the foregoing; (i) establishments holding an on -sale liquor license may operate during the hours specified on their license; and, (ii) Fitness Clubs occupying less than 10,000 square feet may be open twenty-four (24) hours a day. For purposes of this provision, "Fitness Club" shall mean a place for people to maintain or improve their physical fitness through the use of facilities and equipment which may include aerobics, weight training, muscular exercise programs, yoga, pilates or other similar activities. 3. Ratification. Except as expressly amended hereby, all of the tenns, provisions, covenants and conditions of the Agreement are hereby ratified and confirmed and will continue in full force and effect. 4. Authority. The individuals executing this Third Amendment hereby represent and warrant that they are empowered and duly authorized to so execute this Third Amendment on behalf of the parties they represent. 5. Counterparts. This Third Amendment may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. [Signatures Appear On Next Page] page 195 IN WITNESS WHEREOF, the City has caused this Amendment to be duly executed in its name and behalf and the Developer has caused this Amendment to be duly executed in its name and behalf on or as of the date first above written. CITY OF MENDOTA HEIGHTS By: By: STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) Its: ctin City Clerk The foregoing instrument was acknowledged before me this day of /Vp U n 0 , 2010, by John Huber and Nancy Bauer, the Mayor and Acting City Clerk, respectively, of the City of Mendota Heights, a Minnesota statutory city, on behalf of such city. LINDA L. SHIPTON } Notary Public -Minnesota My Commission Expires Jan 31, 2015 MENDOTA MALL ASSOCIATES, LLP By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) The foregoing ins ent was acknowledged before me thisnV t1ay of Q ury ixx 2010, by H'D iar P LS fif (, the Parti of Mendota Mall Associates, LLP, a Minnesota limited liability partnership, on behalf of such limited liability partnership. 5429450v3 MEGHAN D. HUSO NOTARY PUBLIC -MINNESOTA ij eyes `' My Commission Expires fres Jan. 31, 2015 This document drafted by: Siegel Brill, PA 100 Washington Avenue South Suite 1300 Minneapolis, MN 55401 612-337-6100 (AJG) page 196 DOC # 630/21, FLED ABSTRACT COPY DAKOTA COUNTY FOURTH AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT THIS FOURTH AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT (this "Fourth Amendment") is made as of the 28th day of November, 2011 ("Effective Date"), by and between the City of Mendota Heights, a Minnesota statutory city, having its principal office at 1101 Victoria Curve, Mendota Heights, Minnesota 55150-0688 ("Citi") and Mendota Mall Associates, LLP, a Minnesota limited liability partnership, having its principal office at 2227 University Avenue, Saint Paul, Minnesota 55114, its successors and assigns as permitted herein ("Developer") WITNES SETH: WHEREAS, the City and the Developer entered into that certain Planned Unit Development Agreement dated April 30, 2009, recorded August 19, 2010, as Doc. No. 2747291 ("Original Agreement'), as amended by that certain First Amendment to Planned Unit Development Agreement dated January 16, 2010, recorded August 19, 2010, as Doc. No. 2747292 ("First Amendment, as amended by that certain Second Amendment to Planned Unit Development Agreement dated June 9, 2010, recorded August 19, 2010, as Doc. No. 2747293 ("Second Amendment"), and as amended by that certain Third Amendment to Planned Unit Development Agreement dated October 22, 2010, recorded December 8, 2010, as Doc. No. 2771092 ("Third Amendment") (collectively referred to as "Agreement"); WHEREAS, the Developer and City desire to enter into this Fourth Amendment to Planned Unit Development Agreement. page 197 NOW, THEREFORE, the parties hereto agree as follows: 1. Definitions. Capitalized terms used, but not defined herein, have the meanings ascribed to them in the Agreement, except for terms with new definitions as set forth in this Fourth Amendment, 2. Public Improvement Project. The parties agree that the Public Improvement Project, as defined in Section 1.1(aa), of the Original Agreement shall not occur. All references to the Public Improvement Project in the Agreement, as well as all obligations related thereto, are hereby deleted in their entirety. 3. Section 1.1 (m) Lot 6. Section 1.1 (m) is hereby deleted in its entirety and replaced with the following: (m) Lot 6: Lot 6, Block 1 containing. approximately 2.0 acres (as designated on Exhibit A) upon which a one-story, multifamily residential, assisted living facility not to exceed 50,000 square feet or 50 units will be constructed ("Assisted Living"). 4. Site Plan. The Site Plan attached to the Original Agreement as Exhibit A shall be supplemented with a revised site plan for Lot 6 that will be submitted to the City Engineer no later than December 5, 2011 ("Revised Site Plan"). The Revised Site Plan shall be in substantially similar form and of substantially similar level of detail as the original site plan. The City Engineer will review and respond within ten (10) business days after receipt of the Revised Site Plan with any questions and comments or the City Engineer's approval of the Revised Site Plan. The Revised Site Plan for Lot 6 shall reflect the location and footprint of the Assisted Living facility described above and incorporate sufficient detail to allow the City Engineer to confirm the following points: (a) Pedestrian Circulation. Pedestrian circulation shall adequately integrate the residential building into the mixed use PUD. (b) Parking. Parking shall be provided in the ratio of 67 stalls per 100 units. (c) Monument Sign. A monument sign shall be allowed in the southwest comer of Lot 6. 5. Exhibit B-6 Multifamily Residential Elevation. Exhibit B-6, attached to the Original Agreement, shall be deleted and replaced with the revised Elevation Plan that will be provided to the City no later than December 5, 2011 ("Revised Elevation Plan"). The Revised Elevation shall be in substantially similar form and of substantially similar level of detail as the original elevation plan. The City Engineer will review and respond within ten (10) business days after receipt of the Revised Elevation Plan with any questions and comments or the City Engineer's approval of the Revised Elevation Plan. The Revised Elevation Plan shall provide sufficient detail to allow the City Engineer to confirm (within ten (10) business days of receipt) that the Revised Elevation Plan is consistent with the following points: page 198 (a) Building Material. Building materials will be substantially similar to the materials identified in the Design Standards attached to the Original Agreement as Exhibit H, such as stone and James Hardie siding. (b) Signage. In addition to the monument sign included in the Site Plan, the Assisted Living facility will be allowed to include signage which shall not extend above the roofline and shall be attached to the building. The signage shall be allowed at the following locations: i. Highway 110 Side of Building: Backlit lettering, identifying the name White Pine Senior Living or something similar. ii. Mendota Mall Side of Building. Backlit lettering, identifying the name White Pine Senior Living or something similar. iii. Front Entrance. Identification signage located over the main entrance of the building. (c) Balconies. Balconies will not be required. 6. Landscape and Utility Plans. No later than December 5, 2011, Developer shall deliver or cause White Pine to deliver a landscape plan and utility plan for Lot 6, in substantially similar form and of substantially similar level of detail as the original landscape plan and utility plan, incorporating the Assisted Living facility described herein. 7. Section 3.1 Commencement of Development. Section 3.1 is hereby deleted in its entirety and replaced with the following: Developer commenced development activities in accordance with the Schedule of Development (Exhibit C), on or before November 15, 2009, and completed all Infrastructure Improvements, the Walgreens Drugstore on Lot 1, and redevelopment of the existing Mendota Plaza on Lot 2, pursuant to the elevation and floor plan attached to the Agreement as Exhibit B-2. 8. Section 3.2 Completion of Development. Section 3.2 is hereby deleted in its entirety and replaced with the following: Subject to the phasing requirements outlined herein, the Project shall be fully completed no later than November 15, 2026. Any phases of the Project yet to be constructed as of the date of this Fourth Amendment, may be commenced by Developer at any time prior to November 15, 2023, but must be completed by the Developer thirty-six (36) months from the issuance of the building permit. 9. Section 3.4 Modifications to Approved Plans. Section 3.4 is hereby deleted in its entirety and replaced with the following: page 199 The Developer shall not make any changes in the Plans or the Project without the prior written consent of the City, which consent may be given or withheld in the City's reasonable discretion. The City Council may, by a majority vote, delegate approval of minor modifications to the Plans to the City Administrator. For purposes of this Agreement, "minor modifications to Plans" includes, without limitation, the change in size of any improvement to be built on a specific Lot, in an amount not to exceed twenty percent (20%) of said improvements as show on the Plans, and cosmetic changes to improvements within the Project. 10. Section 4.2 Building Height and Material. The second sentence of Section 4.2 is hereby deleted and replaced with the following: Unless a change is approved by the City (either by the City Administrator or a majority vote of the City Council), all building materials must be substantially similar to those identified on the Plans or to any completed commercial portion of the Project, such as stone or Hardie siding. 11. Consent to Transfer of Lot 6. Pursuant to Section 6.2 of the Original Agreement, the Developer shall not have the right to transfer any portion of the Development Property without the prior written consent of the City, which consent shall not be unreasonably withheld, conditioned or delayed. The City acknowledges that the Developer has entered into a purchase agreement for the sale of Lot 6 to White Pine Holdings, LLC ("White Pine"). Pursuant to Section 6.3, the City acknowledges receipt of the items listed in Section 6.3 (a) Evidence of Developer Experience; 6.3 (c) Agreement to be Bound; and 6.3(d) Form of Transfer Documents. Developer acknowledges that the City will consent to transfer Lot 6 to White Pine when the City receives the following: (a) Evidence of Financial Qualification. Delivery of financial qualifications of White Pine in form from White Pine's lender that said lender would commit to loan White Pine funds or as to the general creditworthiness of White Pine to allow fulfillment of the obligations undertaken pursuant to this Agreement by the Developer as to the portion of the Development Property to be transferred to White Pine. 12. Ratification. Except as expressly amended hereby, all of the terms, provisions, covenants and conditions of the Agreement are hereby ratified and confirmed and will continue in full force and effect. 13. Authority. The individuals executing this Fourth Amendment hereby represent and warrant that they are empowered and duly authorized to so execute this Fourth Amendment on behalf of the parties they represent. 14. Counterparts. This Fourth Amendment may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. [Signatures Appear On Next Page] page 200 IN WITNESS WHEREOF, the City has caused this Fourth Amendment to be duly executed in its name and behalf and the Developer has caused this Fourth Amendment to be duly executed in its name and behalf on or as of the date first above written. CITY OF MENDOTA HEIGHTS By: STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before 2012, by Sandra Krebsbach and Sandie Thone, the City of Mendota Heights, a Minnesota statutory city, 1 f.:\ PAMELA J. DEEB Notary Public -Minnesota My Commieebn Expires Jan 31, 2017 STATE OF MINNESOTA ) ss. COUNTY OF RAMSEY ) Its: City Clerk 13(tiv me this day of ,,,w1 Mayor and City Clerk, respectively, of the on behalf of such city. f ‘z,t,416LV,Z$2J Notary Public MENDOTA MALL ASSOCIATES, LLP By: 1.416. The foregoing instrument was acknowledged before me this _ day of 2012, by Howard A. Paster, the Manager of Mendota Mall Associates, LLP, a Minnesota limited liability partnership, on behalf of such limited liability partnership. 25]51-001/PUD NAAMAAAMMAMIMAAMIAMAAWMA ANTHONY J. GLEBE!. Notary nn M n page 201 This document drafted by: Siegel Brill, PA 100 Washington Avenue South Suite 1300 Minneapolis, MN 55401 612-337-6100 (AJG) FOURTH AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT THIS FOURTH AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT (this "Fourth Amendment") is made as of the 28th day of November, 2011 ("Effective Date"), by and between the City of Mendota Heights, a Minnesota statutory city, having its principal office at 1101 Victoria Curve, Mendota Heights, Minnesota 55150-0688 ("City") and Mendota Mall Associates, LLP, a Minnesota limited liability partnership, having its principal office at 2227 University Avenue, Saint Paul, Minnesota 55114, its successors and assigns as permitted herein ("Developer") WITNES SETH: WHEREAS, the City and the Developer entered into that certain Planned Unit Development Agreement dated April 30, 2009, recorded August 19, 2010, as Doc. No. 2747291 ("Original Agreement"), as amended by that certain First Amendment to Planned Unit Development Agreement dated January 16, 2010, recorded August 19, 2010, as Doc. No. 2747292 ("First Amendment"), as amended by that certain Second Amendment to Planned Unit Development Agreement dated June 9, 2010, recorded August 19, 2010, as Doc. No. 2747293 ("Second Amendment"), and as amended by that certain Third Amendment to Planned Unit Development Agreement dated October 22, 2010, recorded December 8, 2010, as Doc. No. 2771092 ("Third Amendment") (collectively referred to as "Agreement"); WHEREAS, the Developer and City desire to enter into this Fourth Amendment to Planned Unit Development Agreement. page 202 NOW, THEREFORE, the parties hereto agree as follows: 1. Definitions. Capitalized terms used, but not defined herein, have the meanings ascribed to them in the Agreement, except for teens with new definitions as set forth in this Fourth Amendment_ 2. Public Improvement Project. The parties agree that the Public Improvement Project, as defined in Section 1.1(aa) of the Original Agreement shall not occur. All references to the Public Improvement Project in the Agreement, as well as all obligations related thereto, are hereby deleted in their entirety. 3. Section 1.1 (m) Lot 6. Section 1.1 (m) is hereby deleted in its entirety and replaced with the following: (m) Lot 6: Lot 6, Block 1 containing approximately 2.0 acres (as designated on Exhibit A) upon which a one-story, multifamily residential, assisted living facility not to exceed 50,000 square feet or 50 units will be constructed ("Assisted Living"). 4. Site Plan. The Site Plan attached to the Original Agreement as Exhibit A shall be supplemented with a revised site plan for Lot 6 that will be submitted to the City Engineer no later than December 5, 2011 ("Revised Site Plan"). The Revised Site Plan shall be in substantially similar form and of substantially similar level of detail as the original site plan. The City Engineer will review and respond within ten (10) business days after receipt of the Revised Site Plan with any questions and comments or the City Engineer's approval of the Revised Site Plan. The Revised Site Plan for Lot 6 shall reflect the location and footprint of the Assisted Living facility described above and incorporate sufficient detail to allow the City Engineer to confirm the following points: (a) Pedestrian Circulation. Pedestrian circulation shall adequately integrate the residential building into the mixed use PUD. (b) Parking. Parking shall be provided in the ratio of 67 stalls per 100 units. (c) Monument Sign. A monument sign shall be allowed in the southwest comer of Lot 6. 5. Exhibit B-6 Multifamily Residential Elevation. Exhibit B-6, attached to the Original Agreement, shall be deleted and replaced with the revised Elevation Plan that will be provided to the City no later than December 5, 2011 ("Revised Elevation Plan"). The Revised Elevation shall be in substantially similar form and of substantially similar level of detail as the original elevation plan. The City Engineer will review and respond within ten (10) business days after receipt of the Revised Elevation Plan with any questions and comments or the City Engineer's approval of the Revised Elevation Plan. The Revised Elevation Plan shall provide sufficient detail to allow the City Engineer to confirm (within ten (10) business days of receipt) that the Revised Elevation Plan is consistent with the following points: page 203 (a) Building Material. Building materials will be substantially similar to the materials identified in the Design Standards attached to the Original Agreement as Exhibit H, such as stone and James Hardie siding. (b) Signage. In addition to the monument sign included in the Site Plan, the Assisted Living facility will be allowed to include signage which shall not extend above the roofline and shall be attached to the building. The signage shall be allowed at the following locations: i. Highway 110 Side of Building: Backlit lettering, identifying the name White Pine Senior Living or something similar. ii. Mendota Mall Side of Building. Backlit lettering, identifying the name White Pine Senior Living or something similar. iii. Front Entrance. Identification signage located over the main entrance of the building. (c) Balconies. Balconies will not be required. 6. Landscape and Utility Plans. No later than December 5, 2011, Developer shall deliver or cause White Pine to deliver a landscape plan and utility plan for Lot 6, in substantially similar form and of substantially similar level of detail as the original landscape plan and utility plan, incorporating the Assisted Living facility described herein. 7. Section 3.1 Commencement of Development. Section 3.1 is hereby deleted in its entirety and replaced with the following: Developer commenced development activities in accordance with the Schedule of Development (Exhibit C), on or before November 15, 2009, and completed all Infrastructure Improvements, the Walgreens Drugstore on Lot 1, and redevelopment of the existing Mendota Plaza on Lot 2, pursuant to the elevation and floor plan attached to the Agreement as Exhibit B-2. 8. Section 3.2 Completion of Development. Section 3.2 is hereby deleted in its entirety and replaced with the following: Subject to the phasing requirements outlined herein, the Project shall be fully completed no later than November 15, 2026. Any phases of the Project yet to be constructed as of the date of this Fourth Amendment, may be commenced by Developer at any time prior to November 15, 2023, but must be completed by the Developer thirty-six (36) months from the issuance of the building permit. 9. Section 3.4 Modifications to Approved Plans. Section 3.4 is hereby deleted in its entirety and replaced with the following: page 204 The Developer shall not make any changes in the Plans or the Project without the prior written consent of the City, which consent may be given or withheld in the City's reasonable discretion. The City Council may, by a majority vote, delegate approval of minor modifications to the Plans to the City Administrator. For purposes of this Agreement, "minor modifications to Plans" includes, without limitation, the change in size of any improvement to be built on a specific Lot, in an amount not to exceed twenty percent (20%) of said improvements as show on the Plans, and cosmetic changes to improvements within the Project. 10. Section 4.2 Building Height and Material. The second sentence of Section 4.2 is hereby deleted and replaced with the following: Unless a change is approved by the City (either by the City Administrator or a majority vote of the City Council), all building materials must be substantially similar to those identified on the Plans or to any completed commercial portion of the Project, such as stone or Hardie siding. 11. Consent to Transfer of Lot 6. Pursuant to Section 6.2 of the Original Agreement, the Developer shall not have the right to transfer any portion of the Development Property without the prior written consent of the City, which consent shall not be unreasonably withheld, conditioned or delayed. The City acknowledges that the Developer has entered into a purchase agreement for the sale of Lot 6 to White Pine Holdings, LLC ("White Pine"). Pursuant to Section 6.3, the City acknowledges receipt of the items listed in Section 6.3 (a) Evidence of Developer Experience; 6.3 (c) Agreement to be Bound; and 6.3(d) Form of Transfer Documents. Developer acknowledges that the City will consent to transfer Lot 6 to White Pine when the City receives the following: (a) Evidence of Financial Qualification. Delivery of financial qualifications of White Pine in form from White Pine's lender that said lender would commit to loan White Pine funds or as to the general creditworthiness of White Pine to allow fulfillment of the obligations undertaken pursuant to this Agreement by the Developer as to the portion of the Development Property to be transferred to White Pine. 12. Ratification. Except as expressly amended hereby, all of the terms, provisions, covenants and conditions of the Agreement are hereby ratified and confirmed and will continue in full force and effect. 13. Authority. The individuals executing this Fourth Amendment hereby represent and warrant that they are empowered and duly authorized to so execute this Fourth Amendment on behalf of the parties they represent. 14. Counterparts. This Fourth Amendment may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrurnent. [Signatures Appear On Next Page] page 205 IN WITNESS WHEREOF, the City has caused this Fourth Amendment to be duly executed in its name and behalf and the Developer has caused this Fourth Amendment to be duly executed in its name and behalf on or as of the date first above written. CITY OF MENDOTA HEIGHTS By: Its: City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this cl day of Biu_,, 2012, by Sandra Krebsbach and Sandie Thone, the Mayor and City Clerk, respectively, of the City of Mendota Heights, a Minnesota statutory city, on behalf of such city. 1 PAMELA J. DEEB Notary Public -Minnesota My Commissbn Expires Jan 31, 2017 STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) Notary Public MENDOTA MALL ASSOCIATES, LLP By: Its: illiamspr The foregoing instrument was acknowledged before me this day of AlA(A, 2012, by Howard A. Paster, the Manager of Mendota Mall Associates, LLP, a Minnesota limited liability partnership, on behalf of such limited liability partnership. 1 25151-001/PUD ONYJ. GLEEE(E-L Public -Minnesota Negtelltssion Expires Jan 31, 2015 Notary Publtic riff IINALAiLeitsii September 27, 2011 page 206 City of Mendota heights U.S. Trade Services, Northern California One Front Street, 21st Floor San Francisco, CA, 94111 Re: Letter of Credit No. NZ5658124 To Whom It May Concern: I have enclosed the original Irrevocable Letter of Credit No. NZS658124, as the City of Mendota Heights has agreed to cancel the letter of credit. I have also included a certified copy of City of Mendota Heights Resolution 2011-83, A RESOLUTION RELEASING A LANDSCAPE LETTER OF CREDIT TO MENDOTA MALL ASSOCIATES, LLP. Please let me know if you have any further questions on this matter. Sincerely, Jake Sedlacek Asst. to the City Administrator C. Sonya Haugland, Paster Enterprises Development Agreements Contract File 1101 Victoria Curve • Mendota Heights, MN 55118 • (651) 452-1850 • FAX (651) 452-8940 www mendota-heights.com City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Ladies and Gentlemen: page 207 U.S. TRADE SERVICES, NORTHERN CALIFORNIA ONE FRONT STREET, 21sT FLOOR SAN FRANCISCO, CALIFORNIA 94111 Contact Phone: 1(800) 798-2815 (Option 1) Email : sftrade@wellsfargo.com IRREVOCABLE LETTER OF CREDIT Letter of Credit No. NZS658124 Date: March 30, 2010 At the request and for the account of Mendota Mall Associates, LLP, 2227 University Avenue, St Paul, MN 55114 we hereby establish our Irrevocable Letter of Credit in your favor in the amount of Two Hundred Three Thousand Nine Hundred Seventy Six and No/100 United States Dollars (US$203,976.00) available with us at our above office by payment of your draft(s) drawn on us at sight accompanied by your signed and dated statement worded as follows: "The undersigned, the City of Mendota Heights hereby demands USD[Insert Amount of Drawing] under Wells Fargo Bank,. N. A. Letter of Credit No. NZS658124, which amount is due to the Beneficiary pursuant to and in connection with landscaping work provided by Mendota Mall Associates, LLP to the City of Mendota Heights." Each draft must also be accompanied by the original of this Letter of Credit for our endorsement on this Letter of Credit of our payment of such draft. Partial and multiple drawings are permitted under this Letter of Credit. Each draft must be marked "Drawn under Wells Fargo Bank, N.A. Letter of Credit No. NZS658124." This Letter of Credit expires at our above office on October 1, 2011. CANCELLATION PRIOR TO EXPIRATION: you may return this Letter of Credit to us for cancellation prior to its expiration provided that this Letter of Credit is accompanied by your written agreement to its cancellation. Such written agreement to cancellation should specifically reference this Letter of Credit by number, clearly indicate that it is being returned for cancellation and be signed by a person identifying themselves as authorized to sign for you. This Letter of Credit is subject to the International Standby Practices 1998 (ISP98), International Chamber of Commerce Publication No. 590, and engages us in accordance therewith. BY: Very truly yours WELLS FARGO BANK, N.A. (AUTHORIZED SIGNATUR AUREA C. BALENBIN ASSISTANT VICE PRESIDENT page 208 July 21, 2016 TO Mr. Nolan Wall City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 DATE: July 21, 2016 FROM: Mike Sturdivant Subject: Response to City Council Items from July 6, 2016 1. Commercial building setback o The difference in setback between the two buildings is 14.92 feet. This allows space for the drive thru lane on the North side of the Eastern commercial building. 2. Proof of parking o With the reduction in total units, from 149 to 139, the parking ratio has increased to 1.7 stalls per unit. This is more than adequate for a building this size. As previously discussed our parking rationale with other projects we have developed has been to provide 1.3 stalls per unit. We understood and appreciated the City's requirement of 2.5 stalls per unit, so we deviated from our parking rationale and increased the overall parking ratio for this project in an effort to alleviate the City's parking concerns. In addition to the parking study provided by Stantec and the applicant's parking analysis; the applicant has analyzed 96 hours of video footage of the existing shopping center parking lot, which shows the North East portion of the Mendota Plaza parking lot as having the greatest amount of available overflow parking on a periodic basis. 3. Resident parking o Great consideration was given to the Council's concerns about residents using the surface parking in place of paying for a reserved stall in the underground parking levels. As a result, we will now make the first level of underground parking available to both residents and guests of residents free of charge with a flex parking model first come first served; no reserved stalls). If a resident does want to pay for a reserved parking stall they will be able to reserve a stall on the second level of underground parking. 4. Consider providing 2 stalls/unit o Please see above responses. 5. Restaurant parking o A maximum area of 6,000 square feet of sit-down restaurant space, in addition to, a maximum area of 2,500 square feet of coffee shop/quick serve users within the commercial buildings. This ensures that any change in use will still be adequately parked. 6. Pool setback o The pool is located in the courtyard of the building and is set at an elevation of 861. The new trail is set at an elevation approximately 7-12' below 861 ' depending on the location of the trail. The sightline of a 6' person walking on the trail would not see the pool. The view would be looking up a natural hill that puts the view of the pool below the crest of the land. Additionally, there is a small retaining wall on the east side of the pool, with the pool below the top of the wall provide additionally shielding for the pool. The new trail curves away from the property line and is page 209 located over 100' away from the pool at it's closest location. Based on the site configuration and the location of the trail the pool will not visual impact the trail. 7. Does the original proposal/traffic study include the 4 -story apartment and the full build out? o Yes, the original traffic study included full build out. 8. Residential building and relation to Dodge Nature Center (DNC) o The building was oriented to open a courtyard toward the nature center. This allowed the building to be pulled back from the property line allowing a larger green buffer and less impact on the hill. This will allow the building to sit further down the slope of the hill with the back two floor being tucked into the hill. All of the residents on the west, north and south sides will have views of the tree canopy of the nature center. The project includes a pedestrian and bike connection to the new trial at the northern end allowing public access to the nature center. The building was re -designed to provide large setbacks and terrace areas. These terraces provide significant setbacks decreasing the appearance of bulk of the building. Additionally these large decks allow tenants to have significant outdoor space to enjoy the natural setting, but also providing vitality for the entire project with decks overlooking the green courtyard, and street. The upper wood canopies of the building recall trellises, and provide for an outdoor life-style in- keeping with a natural setting of a nature center. 9. Unit reduction o Removing 40 units or a story will have significant negative impacts on the project thus making the project no longer viable. First, the infrastructure costs alone require a higher density project. The purchase price of the [apartment) land is based on a "per unit cost" in order to support infrastructure expenditures. Removing any units creates a significant gap between the sources and uses for the necessary infrastructure improvements. Secondly, in order to build a quality project with the types of finishes and amenity package that residents will expect in a new, luxury apartment project like we have proposed, the project needs to maintain a certain unit count in order to offset those costs. Without the number of units proposed, the economics of the project do not work. Finally, we are not absentee owners/landlords. We believe strongly in providing clean, quiet, well maintained homes managed by a professional staff. A building typically needs to have 150 units in order to support a full-time property management and maintenance staff. Our residents will expect, and we assume the City will want, the property to be staffed on a full-time basis in order to meet the demands and needs of our future tenants (and future residents of Mendota Heights) and to ensure that the property maintains a high-quality standard. With that said, we do appreciate the council's concerns regarding the density and size of the building and as such we were willing to reduce the unit count from the proposed 149 to 139, which results in a reduction of 10 units. While this does significantly impact the overall site development, we can accept some concessions as an effort of good faith and in order to foster a positive, long term relationship with the City of Mendota Heights. page 210 10. Rooftop Deck o Yes, the decks will have hand -rails. 11. Wood frame construction o The building is four stories of wood frame construction over two levels of poured concrete. This style of construction is very standard in the industry and meets the building code. Wood buildings today are highly engineered. The wood components are factory made and panelized off-site to aide in quality control and to maximize the performance of the wood. The areas at or below grade are poured concrete. Typically construction would use concrete blocks, but in order to build a better building these will be poured for this site. The poured wall is a superior installation and additional dollars are dedicated to this construction. Concrete construction above the grade - levels is expensive, and would result in higher rental rates that would push the rents over what the market could bear. The cost of concrete is considerably more, and does not gain considerably more advantages to an engineered wood building. page 211 Mr. Wall, below are our responses to Mendota Heights Planning Staff Conditions and Recommendations. STAFF RECOMMENDATION Staff recommends approval of the Conditional Use Permit, Preliminary/Final Plat and Wetlands Permit requests, including drainage and utility easement vacations, based on the attached findings of fact (Alternative 1), with the following conditions: 1. The applicant shall draft appropriate amendments to the existing Development Agreement required by approval of the proposed project, to be reviewed and approved by the City Council. o We are working with Planning Staff and applicant's counsel in order to make amendments to the existing Development Agreement. 2. Necessary drainage and utility easements shall be included on the Final Plat, as determined by the Engineering Department and Saint Paul Regional Water Service. o Draining and utility easements will be granted and included as part of the Final Plat. 3. As part of the proposed high-density residential use, the applicant shall make at least 20 underground spaces available for visitor/guest parking. o We are comfortable with the Planning Staff's recommendation with regard to the visitor parking in the underground parking ramp. It is the applicant's plan, after taking into consideration Staff recommendations and comments from the Council that the first level of underground parking will be available for use by tenants and guests on a first come, first served, flex parking basis. This will provide ample parking for both tenant and guest needs without impacting the commercial parking provided next door. 4. The proposed commercial development shall be limited to an appropriate square footage of restaurant space to accommodate off-street parking demand and maintain consistency with the traffic analysis, to be included as part of the amended Development Agreement. o We are limiting the amount of total square footage of restaurant area to 8,500 square feet, which allows for following parking ratio counts: Applicant Restaurant 6,000 sq ft 12.3/1000 100% 74 Coffee Shop 2,506 sq ft 7.811000 100% 19 Retail 2,36D sq ft 5.011006 1130% 12 Total Proposed 105 In addition to the parking study provided by Stantec and the applicant's parking analysis; the applicant has analyzed 96 hours of video footage of the existing shopping center parking lot, which shows the North East portion of the Mendota Plaza parking lot as having the greatest amount of available overflow parking on a periodic basis. 5. The applicant shall submit a comprehensive signage plan for the proposed multi -tenant commercial buildings that is compliant with the applicable design standards and City Code, to be reviewed by the Planning Department and included as part of the amended Development Agreement. o We will be working with Planning Staff on an overall comprehensive sign plan. page 212 6. Rooftop mechanical units shall be of a low profile variety. All ground -level and rooftop mechanical utilities, other than low profile rooftop units, shall be completely screened with one or more of the materials used in the construction of the principal structure, to be reviewed by the Planning Department and verified as part of the building permit review process. o All ground -level and rooftop mechanical utilities will be screened. 7. Plant material shall be utilized as a screening element for building utility areas, but shall not obstruct fire department connections or hydrants, to be reviewed by the Planning and Fire Departments and verified as part of the building permit review process. o We shall ensure that plant material be utilized as a screening element for building utility areas, but shall not obstruct fire department connections or hydrants, to be reviewed by the Planning and Fire Departments and verified as part of the building permit review process. 8. All loading service, utility and outdoor storage areas shall be screened from public roads and adjacent differing land uses. When natural materials are used as a screen, the screen shall achieve 75% opacity year round. o Screening will be provided for all loading service, utility and outdoor storage areas from public roads and adjacent differing land uses. 9. A performance bond or letter of credit shall be supplied by the applicant in an amount equal to at least one and one-half (11/2) times the value of such screening, landscaping, or other improvements, to be included as part of the Development Agreement. o We will provide a performance bond or letter of credit in an amount equal to at least one and one-half (1 %) times the value of such screening, landscaping, or other improvements, to be included as part of applicants Development Agreement. 10. The owner, tenant and their respective agents shall be jointly and severally responsible for the maintenance of all landscaping in a condition presenting a healthy, neat and orderly appearance and free from refuse and debris. Plants and ground cover which are required by an approved site or landscape plan and which have died shall be replaced as soon as seasonal or weather conditions allow. o We shall be jointly and severally responsible for the maintenance of all landscaping in a condition presenting a healthy, neat and orderly appearance and free from refuse and debris. Plants and ground cover which are required by an approved site or landscape plan and which have died shall be replaced as soon as seasonal or weather conditions allow. 11. A revised Lighting Plan shall be submitted that includes proposed building lighting and any additional lighting within the MnDOT right-of-way, to be reviewed by the Planning and Engineering Departments and included as part of the amended Development Agreement. o We shall submit a revised Lighting Plan that includes proposed building lighting and any additional lighting within the MnDOT right-of-way, to be reviewed by the Planning and Engineering Departments and included as part of the amended Development Agreement. 12. The final Storm Water Modeling Report shall be signed by a currently licensed Professional Engineer in the State of Minnesota. o Final Storm Water Modeling Report has been signed by a currently licensed Professional Engineer in the State of Minnesota. 13. Stream flow and corresponding culvert sizing shall be completed using Atlas 14 rainfall quantities. o We will ensure that the Culvert is appropriately sized using Atlas 14 rainfall quantities. page 213 14. The proposed deck encroachment into Outlot A shall be addressed in the amended Development Agreement. o We are working with planning staff to address the deck overhang over Outlot A as a part of the Development Agreement. 15. The required traffic report requested by MnDOT shall be signed by a currently licensed Professional Engineer in the State of Minnesota. o We have submitted a traffic report signed by a Professional Engineer for MnDOT staff review on July 11, 2016. 16. A MnDOT Right -of -Way Access Permit shall be obtained for the proposed access to STH 110 as shown in the proposed plans prior to final approval. o We are current working with MnDOT staff to obtain a Right -of -Way -Access Permit. We are currently working to address comments provided from MnDOT staff. All required information and reports have been submitted to MnDOT for their review. We are awaiting their response. 17. The proposed water system shall be designed and constructed to Saint Paul Regional Water Service (SPRWS) standards, including written approval of the design layout prior to final City Council approval. o We will meet Saint Paul Regional Water Service (SPRWS) requirements. 18. The proposed common sanitary sewer line serving both commercial buildings shall be placed within and drainage and utility easement equal in width to twice the depth of the sewer pipe. o The proposed common sanitary sewer line serving both commercial buildings shall be placed within and drainage and utility easement equal in width to twice the depth of the sewer pipe is currently shown on the Plat. 19. A profile (elevation) view of creek crossing depicting utility locations and separation distance from creek culvert shall be provided and approved by SPRWS. o A profile elevation of the creek crossing the depicted utility line has been provided to SPRWS. 20. The proposed trail connection to the Mendota -Lebanon Hills Greenway Trail shall be coordinated with Dakota County, including a written agreement prior to issuance of a building permit. o We are currently working with City staff and Dakota County staff in order to coordinate trail connections from the development to the Mendota -Lebanon Hills Greenway Trail. 21. A cut/fill analysis shall be provided along with final building permit plans denoting the amount of material export/import expected for the complete development. o Cut/fill analysis will be provided along with final building permit plans. 22. Proposed retaining walls in excess of four feet in height shall require engineering design provided with the building permit application. o The proposed retaining wall will be fully engineered and plans submitted for review and approval as a part of any grading or building permit application. 23. The applicant shall begin the work authorized by the wetlands permit within ninety (90) days from the date of issuance of the permit or obtain an extension as permitted by City Code. o All wetland work as authorized by the wetlands permit will begin within ninety (90) days from the date of issuance or as an extension of this time will be applied for. 24. The applicant shall complete the work authorized by the wetlands permit within the twelve (12) months from the date of issuance of the permit or obtain an extension as permitted by City Code. o We shall complete the work authorize by the wetlands permit within twelve (12) months from the date of issuance or we will formally request an extension. 25. Building and grading permits shall be obtained from the City prior to construction commencement. o We will obtain building and grading permits prior to any grading or building construction commencement. page 214 26. All grading and construction activities as part of the proposed development shall be in compliance with applicable federal, state, and local regulations and codes, as well as in compliance with the City's Land Disturbance Guidance Document. o This is understood and will be complied with. 27. Drive lane access into and out of the off-street parking areas to the building's front doors shall be unimpeded and a minimum of 20 -foot -wide clear access. o A 20 -foot -wide is currently shown on the updated plans. 28. The radiuses on the Outlot B shall be such that fire truck turning movements are unimpeded, to be reviewed and approved by the Fire Department. o The radiuses on Outlot B are sufficient for fire truck turning movements. 29. The underground storm water structure in Outlot B shall support fire equipment weight if required to be driven over by a fire truck. o The underground storage in Outlot B will support fire equipment. 30. No Parking signs shall be posted around Outlot B. o No Parking signs will be posted around Outlot B. 31. All applicable fire and building codes, as adopted/amended by the City, shall apply and the buildings shall be fully -protected by an automatic fire sprinkler system. o All applicable fire and building codes, as adopted/amended by the City, will apply and the buildings will be fully protected by an automatic fire sprinkler system. 43'-8" P r L 19'-0" 34 LOBBY LOUNGE r 4 33 0 25 4 24'-0" u 20 -0 87 174'-8" 1 II ❑ 88 99 T ❑ 100 c, o 01 106 232'-8" LOWE L -VEL PARKING FLOOR PLAN 106 STALLS+9TAMDEMS = 115 39,735 GSQ 0 8' 16' 32' 60'-O8" 1 34 LOUNGE MAIL/PK. 8 0 24 MECH. 23 -❑ 1_I 174'-8" 79 TRASH 00 8� N a 89 90 01 96 232'-8" UPPER LEVEL PARK NG FLOOR DLAN 96 STALLS+9TAMDEMS = 105 39,976 GSQ 0 8' 16' 32' page 215 CDIIi4e architects www.collagearch.com MENDOTA MENDOTA HEIGHTS, MN at:: home DATE: APR.25.2016 I HEREBY CERTIFY THAT THIS PLAN SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED ARCHITECT UNDER THE LAWS OF THE STATE OF MINNESOTA. PETER KEELY REGISTRATION NO: 23570 Collage 1 architects Architect Pete Keely 651.472.0050 705 Raymond Avenue #200 St. Paul, Minnesota 55114 DATE: CITY SUBMITTAL MARK DATE DESCRIPTION PROJECT NO: DRAWN BY: CHK'D BY: PK SHEET TITLE FLOOR PLANS 1/32" = 1'-0" ELEV 08 75' 746' ELEV 08 75-74 s" ELEV 08 61'-741" ROOF DECK 2 BEDROOM 1330UNIT SF 2 BEDROOM UNIT M 133a sF ROOF DECK 2 BEDROOM UNIT 51 1182 SF 2 BEDROOM NTT 1242 SF 2 BEDROOM UNIT W 13)8 SF rn ELEV 09 p 2 BEDROOM UNIT N 1256 SF EIEV 09 p Ql 2 BEDROOM uwr N ,256 SF 2 BEDROOM UNIT W 13)8 SF 429 29, pELEV 07 ELEV 09 p ROOF DECK LELEV 07 2 BEDROOM UNIT F1 1260 SF 2 BEDROOM UNIT FI 1260 SF 1 BEDROOM UNIT B 800 SF 's OELEV 07 ROOF DECK 1 BEDROOM UNIT S 835 SF 1 BEDROOM 800 UNN SF B 1 BEDROOM UNIT C ]I5 SF 1 BEDROOM UNIT B 800 SF 1 BEDROOM UNIT C 715 SF 1 BEDROOM UNIT B 800 SF 1 BEDROOM UNIT B 800 SF 1 BEDROOM 715 UNISF T c 1 BEDROOM UNIT K 7s0 sF 1 BEDROOM UNIT K 750 SF ELEV ol4 ELEV 014 1 BEDROOM UNIT 8 800 SF 1 BEDROOM UNIT B 800 SF 1 BEDROOM ELEV 014 UNIT K 635 SF 1 BEDROOM UNIT C 715 5F 1 BEDROOM UNIT c 715 SF 1 BEDROOM 1 BEDROOM UNIT 0 710 5F UNIT C 710 SF 1 BEDROOM UNIT 0 na sF 2 BEDROOM UNIT J 1155 SF 2 BEDROOM UNIT J 1155 SF 1 BEDROOM UNIT A1 830 SF 2 BEDROOM UNIT A2 1230 SF 2 BEDROOM UNIT 140 SF 1 ELEV 06 39'-102' POOL TERRACE COMMUNITY ROOM 01 1455 SF 2 BEDROOM UNIT R 1125 SF 2 BEDROOM ELEV 02 p UNIT 0 1380 SF ELEV 02 ELEV 02 p 4 ELEV 06 2 BEDROOM UNIT 0 1380 SF 1 BEDROOM UNIT A 900 SF FITNESS 825 SF 1 BEDROOM UNIT Al 830 SF 1 BEDROOM UNIT Al 785 SF 2 BEDROOM UNIT J 1140 SF 2 BEDROOM M UNIT J 1140 SF 1 BEDROOM UNIT B ]90 SF 1 BEDROOM UNIT C 710 SF ELEV 05 1 BEDROOM UNIT B 790 SF 174'-8" 2 BEDROOM UT V 9J0 SF ELEV 05 174'-8" 2 BEDROOM 1 BEDROOM UNIT C ]10 SF 1 BEDROOM UNIT C 710 SF UNIT R 1090 SF 1 BEDROOM uNlr c J10 SF TRASH BEDROOM 675 SF BEDROOM UNIT C 0 SF 2 BEDROOM 1055 SF 2 BEDROOM UNIT F ,255 SF 2 BEDROOM UNIT G 1275 SF TRASH TRASH 1 BEDROOM UNIT B 790 SF 1 BEDROOM UNIT B 790 SF 1 BEDROOM 615UNIT SF 1 BEDROOM UNIT C 675 5F BEDROOM CT SF 2 BEDROOM UNIT H1 140 SF 2 BEDROOM UNIT F 1255 SF 2 BEDROOM UNIT G 1275 SF 1 BEDROOM IT I 615 SF BEDROOM fi75UNISF T C 2 BEDROOM NIT Hl 40 SF 2 BEDROOM ;NIT F 195 sF 2 BEDROOM UNIT G 12)0 SF 3 BEDROOM UNIT U 1433 SF 5. 4 41E0 04 4 ELEV 04 2 BEDROOM uNlr D 150 SF 1 BEDROOM UNIT C 710 SF 1 BEDROOM UNIT B 90 SF 1 BEDROOM UNIT C )10 SF , BEDROOM UNIT B 790 SF 2 BEDROOM UNIT E 1065 SF 2 BEDROOM UNIT F 1255 SF 2 BEDROOM UNIT G 1275 SF 2 BEDROOM 1 5T SNI0 SF 1 BEDROOM UNIT C 710 SF 1 BEDROOM UNIT B 790 SF 1 BEDROOMA, UNIT C O 710 SF 0) 1 BEDROOM UNIT B ]90 SF 2 BEDROOM UNIT E 1065 SF 2 BEDROOM UNIT F 1255 SF 2 BEDROOM , G 1275 SF 1 BEDROOM UN5N C 67SF 2 BEDROOM UNIT V 970 SF 2 BEDROOM UNIT V 970 SF 2 BEDROOM UNIT E 1060 SF 2 BEDROOM UNIT 1195 SF COMMUNITY RM. COMMUNITY OOM 2 fi15 SF ROOF DECK ROOF DECK ELEV 03 FIRST FLOOR PLAN 244'-8" 35 UNITS/ FLOOR 41,144 GSF 0 8' 16' 32' SECOND/T R3 PLOOR KLAN ELEV 03 244'-8" 37 UNITS/ FLOOR 41,115 GSF 0 8' 16' 32' POU TH FL00 PLAN ELEV 03 30 UNITS 36,575 GSF 0 8' 16' 32' 4 ELEV 04 Nage 216 CDIIi4e architects www.collagearch.com MENDOTA MENDOTA HEIGHTS, MN at:: home DATE: APR.25.2016 I HEREBY CERTIFY THAT THIS PLAN OR REPORT WAS PREPARED BY ME DIRECT SUPERVISION AND THAT LICENSED ARCHITECT UNDER THE STATE OF MINNESOTA. PETER KEELY REGISTRATION NO: 23570 SPECIFICATION OR UNDER MY I AM A DULY LAWS OF THE Collage 1 architects Architect Pete Keely 651.472.0050 705 Raymond Avenue #200 St. Paul, Minnesota 55114 DATE: CITY SUBMITTAL MARK DATE DESCRIPTION PROJECT NO: DRAWN BY: CHK'D BY: PK SHEET TITLE FLOOR PLANS 1/32" = 1'-0" 40'-4" F..., 11'-92 I 0 2 BEDROOM UNIT R1 1165 SF A. o V 4 ELEV 06 2 BEDROOM UNIT 0 1380 SF 1 BEDROOM UNIT A 900 SF FITNESS 825 SF 1 BEDROOM UNIT Al 830 SF 1 BEDROOM UNIT Al 785 SF 2 BEDROOM UNIT J 1140 SF 2 BEDROOM M UNIT J 1140 SF 1 BEDROOM UNIT B ]90 SF 1 BEDROOM UNIT C 710 SF ELEV 05 1 BEDROOM UNIT B 790 SF 174'-8" 2 BEDROOM UT V 9J0 SF ELEV 05 174'-8" 2 BEDROOM 1 BEDROOM UNIT C ]10 SF 1 BEDROOM UNIT C 710 SF UNIT R 1090 SF 1 BEDROOM uNlr c J10 SF TRASH BEDROOM 675 SF BEDROOM UNIT C 0 SF 2 BEDROOM 1055 SF 2 BEDROOM UNIT F ,255 SF 2 BEDROOM UNIT G 1275 SF TRASH TRASH 1 BEDROOM UNIT B 790 SF 1 BEDROOM UNIT B 790 SF 1 BEDROOM 615UNIT SF 1 BEDROOM UNIT C 675 5F BEDROOM CT SF 2 BEDROOM UNIT H1 140 SF 2 BEDROOM UNIT F 1255 SF 2 BEDROOM UNIT G 1275 SF 1 BEDROOM IT I 615 SF BEDROOM fi75UNISF T C 2 BEDROOM NIT Hl 40 SF 2 BEDROOM ;NIT F 195 sF 2 BEDROOM UNIT G 12)0 SF 3 BEDROOM UNIT U 1433 SF 5. 4 41E0 04 4 ELEV 04 2 BEDROOM uNlr D 150 SF 1 BEDROOM UNIT C 710 SF 1 BEDROOM UNIT B 90 SF 1 BEDROOM UNIT C )10 SF , BEDROOM UNIT B 790 SF 2 BEDROOM UNIT E 1065 SF 2 BEDROOM UNIT F 1255 SF 2 BEDROOM UNIT G 1275 SF 2 BEDROOM 1 5T SNI0 SF 1 BEDROOM UNIT C 710 SF 1 BEDROOM UNIT B 790 SF 1 BEDROOMA, UNIT C O 710 SF 0) 1 BEDROOM UNIT B ]90 SF 2 BEDROOM UNIT E 1065 SF 2 BEDROOM UNIT F 1255 SF 2 BEDROOM , G 1275 SF 1 BEDROOM UN5N C 67SF 2 BEDROOM UNIT V 970 SF 2 BEDROOM UNIT V 970 SF 2 BEDROOM UNIT E 1060 SF 2 BEDROOM UNIT 1195 SF COMMUNITY RM. COMMUNITY OOM 2 fi15 SF ROOF DECK ROOF DECK ELEV 03 FIRST FLOOR PLAN 244'-8" 35 UNITS/ FLOOR 41,144 GSF 0 8' 16' 32' SECOND/T R3 PLOOR KLAN ELEV 03 244'-8" 37 UNITS/ FLOOR 41,115 GSF 0 8' 16' 32' POU TH FL00 PLAN ELEV 03 30 UNITS 36,575 GSF 0 8' 16' 32' 4 ELEV 04 Nage 216 CDIIi4e architects www.collagearch.com MENDOTA MENDOTA HEIGHTS, MN at:: home DATE: APR.25.2016 I HEREBY CERTIFY THAT THIS PLAN OR REPORT WAS PREPARED BY ME DIRECT SUPERVISION AND THAT LICENSED ARCHITECT UNDER THE STATE OF MINNESOTA. PETER KEELY REGISTRATION NO: 23570 SPECIFICATION OR UNDER MY I AM A DULY LAWS OF THE Collage 1 architects Architect Pete Keely 651.472.0050 705 Raymond Avenue #200 St. Paul, Minnesota 55114 DATE: CITY SUBMITTAL MARK DATE DESCRIPTION PROJECT NO: DRAWN BY: CHK'D BY: PK SHEET TITLE FLOOR PLANS 1/32" = 1'-0" MATERIAL INDEX 0 0 0 0 0 0 0 0 0 0 0 0 0 FACE BRICK STONE VENEER DECORATIVE MASONRY VENEER STONE SILL CEMENT BOARD LAP SIDING #1 CEMENT BOARD LAP SIDING #2 CEMENT BOARD TRIM PREFINISHED METAL TRIM SYNTHETIC CLAD WINDOWS PREFINISHED ALUMINUM RAILING SYNTHETIC WOOD PAINTED METAL METAL PANEL METAL PLANTING SCREEN ROQE GEARING 143'-0 6/8" T.O,_SIBFLR FOURTH FLOOR 132'-11 5/8" T.O,_SIBFLR THIRD FI OOR 121'-11 3/4" T.O,_SIBFLR SFFONf) FI OOR 101'-11 7/8" &9}AF.4,4FINb (') 1741 yid 0 Tb. ISV)BPL@ FbF IFLb�Ri I1$2 4-111 Tb, IGV/D{*LIR 1121+1h 11111111111111111111111111111111 ■ -1iiiiiuIM E.1111111111111111 � ILII iiiiiiiiiTiiiiiiTiiniiiIR - I=!I I=I I O■■■�■1.011E1- I I-� H-7:103 II IIIIIIIIIIIIIIIIIII IIIIIII- IZICO I1 1'4111^ ,� �mFa 1f'1 q• IIII 111111111111111111111111111 1111111111111111111111111P � �.-.-::.� SIGNAGE ..■-■....- _:•03E L _ �111111111111111�= • aQ TIO,'SLAtl IL0 EIS CF`YFL' IAR'A L F O h ELEV 01 SO ,T WEST / WEST EL -VAT 0\ ELEV 02 \ORTH W -■-■- ■'—"--'--"'A1 1!■— =-_ X71 .!'"-"-- _"-•.1111 NMI MMEME .!. -____•!! !. INN■ NI ■ ■ "' _r=�l�®n■!E_____�I•!ll.NMI MEI =ME ME ___.■ .r■m■m■m■m■m� ___-�!`�J!■______"_33.lV�JlEE ________...1.�---J.I.FF _"-__:!! !.EE____________..1.l.l.L-�.11 .!.!.■ 1!.!.!.■`■.!.!.!.!.!.!`I.l.l.!`I!.!.!.!.l.I NMI _ST ELEVATION RRO\T E\TRY J11111111111 111111111111111111111E 1111111111111111111111111111- 1• T.O,_$LAB UPPFR LFVFL GARAC 90'-4" T.O,_SLAB _L _V 03 SOJTH WEST _L VATIO\ 14 El U LS I I 1 I II mond -511li11111l11 _L _V OL SOTH EAST _L _VATION page CDIIa4e architects www.collagearch.com MENDOTA MENDOTA HEIGHTS, MN at:: home Elm I DATE: APR.25.2016 I HEREBY CERTIFY THAT THIS PLAN SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED ARCHITECT UNDER THE LAWS OF THE STATE OF MINNESOTA. PETER KEELY REGISTRATION NO: 23570 Collage 1 architects Architect Pete Keely 651.472.0050 705 Raymond Avenue #200 St. Paul, Minnesota 55114 DATE: CITY SUBMITTAL MARK DATE DESCRIPTION PROJECT NO: DRAWN BY: CHK'D BY: PK SHEET TITLE ELEVATIONS 1/16" = 1'-0" --}_____ _______ ■ ■ _______ - ■ ■ _ 1 I I ------------ - 1111111111111111111111111111- 1• T.O,_$LAB UPPFR LFVFL GARAC 90'-4" T.O,_SLAB _L _V 03 SOJTH WEST _L VATIO\ 14 El U LS I I 1 I II mond -511li11111l11 _L _V OL SOTH EAST _L _VATION page CDIIa4e architects www.collagearch.com MENDOTA MENDOTA HEIGHTS, MN at:: home Elm I DATE: APR.25.2016 I HEREBY CERTIFY THAT THIS PLAN SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED ARCHITECT UNDER THE LAWS OF THE STATE OF MINNESOTA. PETER KEELY REGISTRATION NO: 23570 Collage 1 architects Architect Pete Keely 651.472.0050 705 Raymond Avenue #200 St. Paul, Minnesota 55114 DATE: CITY SUBMITTAL MARK DATE DESCRIPTION PROJECT NO: DRAWN BY: CHK'D BY: PK SHEET TITLE ELEVATIONS 1/16" = 1'-0" u r MATERIAL INDEX FACE BRICK STONE VENEER DECORATIVE MASONRY VENEER STONE SILL CEMENT BOARD LAP SIDING #1 CEMENT BOARD LAP SIDING #2 CEMENT BOARD TRIM PREFINISHED METAL TRIM SYNTHETIC CLAD WINDOWS PREFINISHED ALUMINUM RAILING SYNTHETIC WOOD PAINTED METAL METAL PANEL METAL PLANTING SCREEN ROOF BEAKING im 143'-0 6/8" T.0 SUBEL@ FOURTH FLOOR 132'-11 5/8" T.0 SUBELB THI 121'-11 3/4" 8!":1C0 T.0 SUBELE SECOND 01 OOR 101'-11 7/8" 8!":1C0 T.O. PLANK FIRST FLOOR -------------------------------- .e...gzajzajz mos mow us rm. T.0 SLAB_.UPPER LEVEL GARAGE FLOOR 90'-4" o 01 _L -V 05 NORTH EAST COR ARD -E -VA 10N T.0 SLABIOWER LFVFL CARAGE FI OOR m ��I ROOF BEARIN_1 143'-0 6/8" T.O,OUBFL• • [ • ..[ 132'-11 5/8" T.O,OUBFLR THIRD FLOOR 121'-11 3/4" C T.0,_3.03FL. 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PECin ■.■• •••••••.I .■•i---i•i page 219 REGIONAL SITE PLAN MENDOTA HEIGHTS Mendota Heights, MN JUL.28.201 8 paster.. Fir PROPERTIES 6ro4(/i09 places Collage I architects at:: home APARTMENTS page 220 852' Collage I architects SITE PLAN MENDOTA HEIGHTS Mendota Heights, MN JUL.28.201 6 paster 'v PROPERTIES 6rowi0g plac at:: home APARTMENTS page 221 Collage I architects IMAGE_1 &row/ 1g places at: home APARTMENTS page 222 ... ie. ■■■■ �E IIII g11 i II1II IIII III II'1 IIII !+•i •;.uI r�i; P I ! IIII cog-. II IIII Rai;iii •• 1171!!IIII !LEN! EII IIII ,� !aril 111 N, aid 1 i Collage I architects IMAGE_2 6rowiyg places at:: home APARTMENTS page 223 'Li 11 r in it ii iii 11.49 til III - iii ` il h iii Ills.: 1II iiiliN. . � 5 ' n iii I. iii LIi i r U yi ins i 11.711 1 Mendota 1-1=-r--d--Its, MN MUM ri iv! To AENli -■ I1.I!j 11 Eli SUMS rel 1111 li li.1://i - r SII �1111i��lfff11IIU!'- €€ �,�� .-- � Ilfl pl=�li iiia iisii#iiSl1iiii�?��# - 1111 aapa��118i69ii�� .I i�i r� iii i is sAIiiiii u w A 3��1 �yyliifqq��pp iiIDID +�ppariNOW 66 eegg ..pp.„�aprrt�yy ��1kR�i�1f��fV,�N��11H��d4Hxil�s Collage I architects i Fr - K V Y t K I I t IMAGE_3 Growiw9 places at:: home page 224 I ill Pi i" IV r : •.• Ali 117-• Collage I architects at:: home APARTMENTS page 225 41111‘ MENDC Mendota Heigh HEIGH • Collage I architects '141111111v Kur IMAGE_5 Crowing places at:: home APARTMENTS page 226 Mendota Heigr JUL.28.201I 8 Collage I architects i r k u i K 1 1 t IMAGE_6 Growryg places aiThome APARTMENTS page 227 • HE Mendota Heights, MN JUL.28.201 40100621. Collage I architects 41111 (...) L IMAGE_7 6row10g places at:: home APARTMENTS page 228 Collage I architects IMAGE_8 Growitv places at:: home APARTMENTS 00000000000 /000000000000 STATE TRUNK HIGHWAY NO 110 A, tiks- 0 4 ,,,, .,......_.. ,,,,.. ,..., -- AMOCO POND FUTURE OFFICE FUTURE CHILD CARE SOUTH PLAZA DRIVE 0 NOT TO SCALE VICINITY MAP WENTWORTH AVENUE W MARIE AVENUE W to 0 w m O D 0 MENDOTA4JEIGHT R� LOCATION MAP NOT TO SCALE MENDOTA PLAZA MENDOTA HEIGHTS - MINNESOTA PUD AMENDMENT, PRELIMINARY PLAT, AND FINAL PLAT RESUBMITTAL JUNE 8, 2016 PROJECT CONTACTS SHEET INDEX OWNER PASTER PROPERIES 2227 UNIVERSITY AVE W ST. PAUL, MN 55114 JOHN KOHLER MIKE STURDIVANT T (651) 646-7901 F (612) 646-1389 AT HOME APARTMENTS 616 LINCOLN AVENUE ST. PAUL, MN 55102 MIKE CASHILL LEANNA STEFANIAK T (651) 225-8227 F (615) 221-0339 CIVIL ENGINEER ELAN DESIGN LAB, INC. 901 N 3rd STREET SUITE 120 MINNEAPOLIS, MN 55401 STEVE JOHNSTON, PE T (612) 260-7982 F (612) 260-7990 LANDSCAPE ARCHITECT ELAN DESIGN LAB, INC. 901 N 3rd STREET SUITE 120 MINNEAPOLIS, MN 55401 PILAR SARAITHONG, RLA T (612) 260-7980 F (612) 260-7990 LAND SURVEYOR CORNERSTONE LAND SURVEYING, INC. 6750 STILLWATER BLVD. N. SUITE 1 STILLWATER, MN 55082 DAN THURMES, LS T (651) 275-8969 F (651) 275-8976 ARCHITECT COLLAGE ARCHITECTS 705 RAYMOND AVENUE, SUITE 200 ST. PAUL, MN 55114 PETE KEELY, AIA T (651) 472-0050 ST. PAUL REGIONAL WATER UTILITY MCCARRONS CENTER 1900 RICE STREET ST. PAUL, MN 55113 ENGINEERING T (651) 266-6270 ELECTRICITY XCEL ENERGY BUILDERS CALL LINE (800) 628-2121 GAS CENTER POINT ENERGY BUILDERS HOTLINE (612) 342-5123 TELEPHONE CENTURYLINK CENTURYLINK BUSINESS (800)871-9244 CABLE COMCAST XFINITY COMCAST BUSINESS (855) 439-8601 00.1 COVER SHEET A1.1 APARTMENT BUILDING LOWER AND FIRST LEVEL PLANS A1.2 APARTMENT BUILDING SECOND, THIRD AND FOURTH LEVEL PLANS A1.3 APARTMENT BUILDING ELEVATIONS A1.4 APARTMENT BUILDING ELEVATIONS A1.5 COMMERCIAL BUILDING PLANS A1.6 COMMERCIAL BUILDING ELEVATIONS C1.1 CERTIFIED SURVEY 1 OF 2 C1.2 CERTIFIED SURVEY 2 OF 2 C1.3 DEMOLITION PLAN C2.0 OVERALL PUD SITE PLAN C2.1 SITE PLAN C2.2 ENLARGED SITE PLAN C2.3 SIGNAGE PLAN C3.1 GRADING PLAN C3.2 ENLARGED GRADING PLAN C3.3 ENLARGED GRADING PLAN C3.4 SWPPP PLAN C3.5 EROSION CONTROL PLAN C4.1 UTILITY PLAN C.4.2 STORMWATER MANAGEMENT PLAN C5.1 PRELIMINARY PLAT C5.2 FINAL PLAT 1 OF 2 C5.3 FINAL PLAT 2 OF 2 C6.1 DETAILS C6.2 DETAILS C6.3 DETAILS C6.4 DETAILS C6.5 DETAILS C6.6 DETAILS L2.1 LANDSCAPE PLAN L2.2 ENLARGED LANDSCAPE PLAN L2.3 LANDSCAPE DETAIL E1.1 PHOTOMETRIC PLAN page 229 430 paster.. %a> PROPERTIES 6-rowit49 places 2227 UNIVERSITY AVE W ST. PAUL, MINNESOTA 55114 T 651-646-7901 F 651-646-1389 afhome APARTMENTS 616 LINCOLN AVENUE ST. PAUL, MINNESOTA 55102 T 651-225-8227 F 651-221-0339 705 RAYMOND AVENUE #200 ST. PAUL, MN 55114 612-472-0050 Suite #1 6750 Stillwater Blvd. N. Stillwater, MN 55082 Phone 651 .275.8969 Fax 651.275.8976 dan@ cssurvey .net CORNERSTONE LAND SURVEYING, INC. Civil Engineering 1 Landscape Architecture 1 Construction Services 901 N 3rd STREET, SUITE 120 MINNEAPOLIS, MN 55401 p 612.260.7980 f 612.260.7990 www.elanlab.com PROJECT NO. PAS16001 i i i /// 00000000000, 000000000000 O 0 STATE TRUNK HIGHWAY NO. 1 10 FUTURE UNDERPASS & TRAIL BY DAKOTA COUNTY PROPOSED INFILTRATION BASIN RESTAURANT PHAS 6 6 6 �+ BUILDING CONSTRUCT ON (SITE TO BE PREPARED WITH PHASE 1) MCDONALD'S WHITE PINES SINLE STORY ASSISTED LIVING OVERALL PUD SITE PLAN SOUTH PLAZA DRIVE OUTLOT C 1 J PUD SUMMARY Parcel Description Parcel Area (Acres) Parcel Use Building Area SF Parking Required Parking Provided Lot 1 1.742 Retail 14,820 104 7/1000 74 5/1000 Lot 2 6.144 Retail 47,200 331 7/100 232 4.9/1000 Lot 6 2.004 Housing 23,433 (46 units) 31 31 Outlot A 0.627 Stormwater Outlot B 0.513 Wetland Outlot D 0.365 Wetland Outlot E 0.535 Stormwater Right of Way 0.050 I Second Addition Lot 1 1.680 Restaurant** (8,500 SF) 10,860 74 12/1,000 93 10.9/1,000 Retail (2,360 SF) 19 8/1,000 12 5/1,000 Lot 2 2.200 Housing 174,000 (139 units) 373 2.7/Unit 237 1.7/Unit Outlot A 0.310 Stormwater Outlot B 0.760 Access Outlot C 0.010 Future Lot 7 2.036 Childcare* 10,130 23 22 Lot 8 2.312 Office 36,000 180 5/1000 138 4/1000 TOTAL 21.288 316,443 1135 839 *Four spaces plus 1 space for each 500 SF in excess of 1000 SF **6,000 SF (sit-down) 1 seat/36 SF at 1 stall/3 seats, 18 employees at 1 stall/employee = 74 (12/1,000) 2,500 (quick serve) 1 seat/54 SF at a stall/3 seats, 4 employees at 1 stall/employee = 19 (8/1,000) Residential density with assisted living 185 units/21.29 acres = 8.690 Residential density without assisted living 139 units/21.29 acres = 6.529 A 1"=60' page 230 paster.. PROPERTIES 6-rowit49 places 2227 UNIVERSITY AVE W ST. PAUL, MINNESOTA 55114 T 651-646-7901 F 651-646-1389 afhome APART IM ENTS 616 LINCOLN AVENUE ST. PAUL, MINNESOTA 55102 T 651-225-8227 F 651-221-0339 PROJECT MENDOTA PLAZA MENDOTA HEIGHTS, MINNESOTA SHEET INDEX PUD AMENDMENT, PRELIMINARY PLAT, FINAL PLAT RESUBMITTAL 06/08/2016 ISSUE DATE CLARIFICATION OF BUILDING 06/13/16 AREAS /1\ UTILITY REVISION REVISION 06/22/16 06/28/16 Civil Engineering 1 Landscape Architecture 1 Construction Services 901 N 3rd STREET, SUITE 120 MINNEAPOLIS, MN 55401 p 612.260.7980 f 612.260.7990 www.elanlab.com CERTIFICATION I hereby certify that this plan was prepared by me, or under my direct supervision and that I am a laws of the statbi ll duly Licensed Professio � - "F eer under the FoC� `O(�� A. COSI Stephen M. Johnston DATE REGISTRATION NO. 18914 06/08/16 SHEET C200PAS01.DWG OVERALL PUD SITE PLAN C2.0 PROJECT NO. PAS16001 / / / / / / / / / / / / / / / / / / / / / / 180' 15:1 TAPER STATE TRUNK HIGHWAY NO. 110 300' 1 0 TURN LANE 0 z SOLID STRIPPING OUTLOT A / \ \ RATE CONTROL • POND • \\ OD \ • \ 30' 18" BITUMINOUS SHOULDER BITUMINOUS EDGE (TYP.) EXCESS PAVEMENT TO FACILITATE WB -67 TRUCK/ TRAILER D412 CURB & GUTTER / 3 (TYP.) C6.1 STRIPED MEDIAN BEGIN B612 CURB & GUTTER COMMERCIAL PYLON SIGN 13' I DE 800 MODIFIED B612 CURB & GUTTER (TYP.) RESTAURANT 6,000 +/- SF. FFE 850.0 D412 CURB & GUTTER 85' LOADING — \ INFILTRATION ( \ BASIN \ \(TURN -LANE) \�/ R15' 115' in L ys�y$'y$'y8'y RESIDENTIAL MONUMENT SIGN IGHTING (TYP.) LOT 1 BLOCK 1 o STONE WALL (TYP.) 6' WIDE PEDESTRIAN CROSSWALK BLOCK (TYP) / N B612CURB &v GUTTER (TYP.) UNDERGROUND STORM WATER BASIN OUTLOT B ENLARGED SITE PLAN X ACCESSIBILITY SIGNAGE (TYP) 42" BLACK VINYL COATED CHIN LINK FENCE (TYP.) SHEET PILE RETAINING WALL WITH CONCRETE FACE, STRUCTURAL DESIGN BY OTHERS \ 0.058 AC. )WETLAND IMPACT YY MEET & MATCH B612 CURB & GUTTER 4'ORNAMENTAL FENCE (TYP.) ENLARGED SITE PLAN RESIDENTIAL 4 STORIES 41,316 SF. (139 UNITS) SUB PARKING FFE 842.0 PARKING FFE 851.33 1st FLOOR FFE 862.66 LOT 1 BLOCK 2 30" HIGH LIMESTONE WALL (TYP.) MODULAR BLOCK RETAINING WALL 4' ORNAMENTAL FENCE (TYP.) ACCESSIBILITY CURB RAMP (TYP.) INSTALL RELOCATED LIGHT POLE INSTALL RELOCATED BENCH N. N /,, N` ` /'/' N / ` / / SHEET PILE RETAINING WALL WITH CONCRETE FAC , STRUCTURAL DESIGN BY OTHERS PROPOSED 10' BITUMINOUS TRAIL CONNECTION 10' TRIAL BY DAKOTA COUNTY ALIGNMENT PROVIDED BY COUNTY, CONCEPTUAL GRADING DESIGN BY ELAN GRAVITY LARGE BLOCK RETAINING WALL (UNREINFORCED) SITE PLAN NOTES 1. DIMENSIONS SHOWN ON THIS PLAN ARE TO FACE OF CURB AND EXTERIOR FACE OF BUILDING UNLESS NOTED OTHERWISE. 2. MEET AND MATCH EXISTING CONDITIONS. PROVIDE TRANSITION AS NECESSARY. 3. ON-SITE CURB TO BE B612 CONCRETE CURB & GUTTER AND RIBBON CURB. 4. ALL CURBS TO HAVE 3/4" EXPANSION JOINTS AT A MAXIMUM OF 100'-0" AND CONTROL JOINTS AT A MAXIMUM OF 10'-0". 5. ALL PARKING STALLS TO BE PAINTED WITH A 4" WIDE WHITE STRIPING. ACCESSIBLE SYMBOLS TO BE PAINTED IN WHITE AND ACCESSIBLE ACCESS AISLES TO BE PAINTED WITH A 4" WIDE WHITE PAINTED STRIPE 18 INCHES ON CENTER AND AT 45 DEGREE ANGLES TO STALL, WITH 'NO PARKING' MARKED. REFLECTORIZED PAINT SHALL COMPLY WITH MNDOT 3592. PROJECT SUMMARY SITE AREA 216,069 SF. (4.96 AC.) LOT 1 BLOCK 1 RETAIL/ RESTAURANT 73,256 SF. (1.68 AC.) BUILDINGS 10,860 SF. (15%) DECK*/ WALK/ PARKING 45,596 SF. (62%) (*DECK COUNTED AS PERVIOUS IN STORM CALCULATION) TOTAL IMPERVIOUS 56,456 SF. (77%) PERVIOUS 16,800 SF. (23%) PROPOSED OPEN/ GREEN SPACE 23% (REQUIRED 25% MIN.) PARKING LOT LANDSCAPE AREA 2,797 SF. / 37,066 SF. PARKING LOT AREA 7.5% (REQUIRED 5% MIN.) PROPOSED PARKING 105 STALLS 5 - 8'X18' ACCESSIBLE STALLS 12 - 9'X20' STALLS 46 - 9'X18' STALLS 42 - 8.5'X18' COMPACT STALLS LOT 1 BLOCK 2 HOUSING BUILDINGS (139 UNITS) WALK/ PARKING TOTAL IMPERVIOUS PERVIOUS 96,043 SF. (2.20 AC.) 41,316 SF. (43%) 25,135 SF. (26%) 66,451 SF. (69%) 29,592 SF. (31%) PROPOSED OPEN/ GREEN SPACE 31% (REQUIRED 25% MIN.) PARKING LOT LANDSCAPE AREA 253 SF. / 8,153 SF. PARKING LOT AREA 3.1% (REQUIRED 5% MIN.) PROPOSED PARKING 237 STALLS 2 - 8'X18' SURFACE ACCESSIBLE STALLS 18 - 9'X18' SURFACE STANDARD STALLS 197 - 9'X18' ENCLOSED STALLS 20 - 9'X18' TANDEM STALLS OUTLOT A DECK PERVIOUS 13,556 SF. (0.31 AC.) 967 SF. (7%) 12,589 SF. (93%) OUTLOT B 32,945 SF. (0.76 AC.) WALK/ STREET 19,826 SF. (60%) PERVIOUS 13,119 SF. (40%) OUTLOT C PERVIOUS TN a MEET & MATCH B612 CURB & GUTTER 18. 4'1 / / MENDOTA PLAZA 47,200 SF FFE=854.60± SITE PLAN / / / // / / / / / / / / OUTLOT C 269 SF. (0.01 AC.) 269 SF. (100%) LEGEND O 1"=40' PERVIOUS AREA CONCRETE PAVEMENT HEAVY DUTY BITUMINOUS PAVEMENT page 231 paster.. PROPERTIES PROPERTIES 6rowit49 places 2227 UNIVERSITY AVE W ST. PAUL, MINNESOTA 55114 T 651-646-7901 F 651-646-1389 afhome APART MENTS 616 LINCOLN AVENUE ST. PAUL, MINNESOTA 55102 T 651-225-8227 F 651-221-0339 PROJECT MENDOTA PLAZA MENDOTA HEIGHTS, MINNESOTA SHEET INDEX PUD AMENDMENT, PRELIMINARY PLAT, FINAL PLAT RESUBMITTAL 06/08/2016 ISSUE DATE CLARIFICATION OF BUILDING AREAS 1 06/13/16 UTILITY REVISION REVISION 06/22/16 06/28/16 Civil Engineering 1 Landscape Architecture 1 Construction Services 901 N 3rd STREET, SUITE 120 MINNEAPOLIS, MN 55401 p 612.260.7980 f 612.260.7990 www.elanlab.com CERTIFICATION I hereby certify that this plan was prepared by me, or under my direct supervision and that I am a duly Licensed Professio. "F eer under the ey.Qf laws of the statll ' A. vio CI COSI Stephen M. Johnston DATE REGISTRATION NO. 18914 06/08/16 SHEET C201 PAS01.DWG SITE PLAN C2.1 PROJECT NO. PAS16001 / / / / / / / / / / STATE TRUNK HIGHWAY NO. 1 10 0 0 z COMMERCIAL PYLON SIGN MENU BOARD • 'STOP' SIGN • • • • \ • \ • RESTAURANT 6,000 +/- SF. FFE 850.0 �a EMI WI �f r0ormiimmoonsimilillliF� AI!iMIMII ' ME t, S OP' SI e N ,I ,. �Ir l DE 800 L 'DO NOT ENTER' 'ONE WAY' SIGN ACCESSIBILITY SIeN I I 4t4/\_, RETAIL» / RESTAURANT 41,860 +/- SAF. IRV/ �E 850. td*/ isismoorgaW ACCES BILITY SIGN 'YEILD TO PEDESTRIAN —IN CROSSWALK' SIGN/A41. DRIVE-THRU SIGN 'STOP' SIGN 'STOP' SIGN ILD TO PEDESTRIAN CROSSWALK' SIGN Y OP' SIGN 'YIELD TO PEDESTRIAN IN CROSSWALK SIGN RESIDENTIAL 4 STORIES 41,316 SF. (139 UNITS) SUB PARKING FFE 842.0 PARKING FFE 851.33 1st FLOOR FFE 862.66 AILAM 111 AMM` .ae11■Oi Milk 'YIELD TO PEDESTRIAN IN CROSSWALK SIGN / N x / \N N �, /,. �N / N,... N / N/ N x� / • /,. / TN • / • X 0 0 0 Mari4 UM 0(1 (1 (1 1 (� (i / / • • \ • •• MENDOTA PLAZA 47,200 SF FFE=854.60± SIGNAGE PLAN • 1 0 0 L NOTES 1. SEE ARCHITECTURAL DRAWINGS FOR BUILDING SIGNAGE. 2. ALL TRAFFIC CONTROL DEVICES TO CONFORM WITH "MINNESOTA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES" (MN MUTCD) 1"=40' page 232 paster.. PROPERTIES PROPERTIES 6rowitv places 2227 UNIVERSITY AVE W ST. PAUL, MINNESOTA 55114 T 651-646-7901 F 651-646-1389 afhome APART MEN TS 616 LINCOLN AVENUE ST. PAUL, MINNESOTA 55102 T 651-225-8227 F 651-221-0339 PROJECT MENDOTA PLAZA MENDOTA HEIGHTS, MINNESOTA SHEET INDEX PUD AMENDMENT, PRELIMINARY PLAT, FINAL PLAT RESUBMITTAL 06/08/2016 ISSUE DATE CLARIFICATION OF BUILDING AREAS /1\ 06/13/16 UTILITY REVISION REVISION 06/22/16 06/28/16 Civil Engineering 1 Landscape Architecture 1 Construction Services 901 N 3rd STREET, SUITE 120 MINNEAPOLIS, MN 55401 p 612.260.7980 f 612.260.7990 www.elanlab.com CERTIFICATION I hereby certify that this plan was prepared by me, or under my direct supervision and that I am a duly Licensed Profession -V "F eer under the laws of the statbi ll ' A. vio CI COSI Stephen M. Johnston DATE REGISTRATION NO. 18914 06/08/16 SHEET C203PAS01.DWG SIGNAGE PLAN C2.3 PROJECT NO. PAS16001 854. J K HIGHWAY NO. 110 82 BITUMINOUS PAVEMENT SECTION - TURN LANE (TYP) 0 z 1 IL /} 4 v\ U U ------------ 849 851 / -- - ------ CONCRETE PAVEMENT - - 847 OVERFLOW (TYP.) SECTION (TYP.) C6.1 \ -- 8d6 7 \ HEAVY DUTY BITUMINOUS C6.1 PAVEMENT SECTION (TYP) \------- N.. INFILTRATION BASIN (TURN -LANE) - _ _ BOTTOM.84_5,0 OVERFLOW 847.1 STORAGE 680 CF 848 844 846 842 -� RATE CONTROL POND NWL 837.0 2- YR 837.3 10 - YR 838.6 100 - � - v \ \ \\\\\\\\\\\\\' \\ �\`\\ \ 1 A vv• • \ \ \ \ \ \ \ \ v • • \\ \ \ \ \ \ \ \ \ \ 1 I I P' / \\ 7 / ` /, \\ \ \ \ \ V 7 A ----RESTAURANT----- 6,0004i- SF.--- FFE 850.0 I Wy • ST != 849 \ \ \ \\\ \ \\\1 v1 \\\ 1 1 1 1 1 1 \ \ \ \ 1 , A, 1 \ \ \ \\\\ \ \ \\ \ vv vv v y vv \ \ \ \\ \` \ \ 1 \ v v•, // // z.: / 7 / pry' \ \ \ / \ \ / `v \ v / \ \ \ / \ ' \ CO 1 4 \ (� • • / / ---7\ / 1 \ / / / / % j 1/ /1/ / / I I I I I I I I I 1 I \ \ vv vvv vv S? - _- _- 8 V x-49 -836 \ • \ V v A v v\ \ v S ' vvv vv vv v vy v v A v \ v. . vv vvv AST STR 1 I I I CIONcRE±E WALKWAY SLC1IONN (TYP.) I a 1 I1 ST -9 1 I I UNDERGROUND li INFILTRATION BASIN\ (TRITON SYSTEM) \\ BOTTOM 834.0 \\ \ \ OVERFLOW 837.54 \ VOLUME 12,750 CF (MINIMU SURFACE AREA 6,900 SF 852 844' DE)SIGN BY 0 7. MEET & MATCH EXISTING CURB & GUTTER • ST -32 N. N. N. EXISTING CURB & GUTTER 1 / / 1 / / 4111,31,6 SF. (139 UNITS) SUI3RARkING FEE 8421.0 Fit9bRi FEE 821.66/// / / / / / / / / / / / pAs'r IN PLACE' PULE 11 I STRUCTURAL DESIGN i3Y‘ \ \ \\\ \\\\ \\\ \\:\:\\:\ \\\\:\\\ \\\• \\\"\ \ \ \\\\ \\\ \,\\\ ,\\\\ \\\ \\:\::\\\\:\\\:\::\:\\\\:\\\ \\:\\\\\\\\1::\:\ \\\\:\\\\\\\\\\\\\\:\\\\\\\\\\\•\\\\\\\:\\\\\\\\\\\\\\\\:\\:\\\\\ \\\\ :\ \\:\ \\ \ \\\ \ • • • 111 Illlllllll l 111 1 1 1 ll 111 / 1l 11111 lllll 1 111 1 I -`' �11 11111!s,i i l 11 1 11 ' l l 1 111 111 11 1 1 11111 111111 111 1 I Iilil�llllll I h1 �Nl d./ � l l l 1/711612711c111111,11111:3 -- 111 11111 11111111111 111111 111 Illlllllll 1 11llll I lllll 1111111111 11 1 11 '/1:11111:1111:111 111111111 11111 11. '7 111111111 l 111 l 11111111 11111'11 1 -.'Ill1! s 111111 11111 - 1111 1 \• 1 -'1 111 1 -.1- 1 1 \ .\ 1 I % 1 • • MODULAR BLOCK RETAINING WALL (TYP.) LEGEND GRADING PLAN / / SE INFVRATION SIN HWL 839.9 \ 4 10' TRIAL BY DAKOTA COUNTY ALIGNMENT PROVIDED BY COUNTY, CONCEPTUAL GRADING DESIGN BY ELAN. SEE NOTE #10. PROPOSED 10' BITUMINOUS TRAIL CONNECTION • HEAVY DUTY BITUMINOUS CONCRETE WALK VVETII_AND IMPACT (SEE N Know what's below. Call before you dig. TE 2 GRADING NOTES 1. ONE FOOT CONTOURS BASED ON FIELD TOPOGRAPHIC SURVEY, TWO FOOT CONTOURS FROM MnDNR MnTOPO WEB SERVICE. 2. VERIFY ALL FIELD CONDITIONS AND UTILITY LOCATIONS PRIOR TO EXCAVATION/CONSTRUCTION. IF ANY DISCREPANCIES OR UNKNOWN UTILITIES ARE FOUND THAT IMPACT DESIGN OR IMPAIR CONSTRUCTION, THE ENGINEER AND OWNER SHOULD BE IMMEDIATELY NOTIFIED. 3. ALL WORK TO COMPLY WITH CURRENT MINNESOTA DEPARTMENT OF TRANSPORTATION (MNDOT) STANDARD SPECIFICATIONS FOR CONSTRUCTION UNLESS NOTED. 4. FOLLOW ALL RECOMMENDATIONS IN THE GEOTECHNICAL REPORT PREPARED FOR THIS PROJECT BY BRAUN INTERTEC DATED JANUARY 28, 2009. 5. ALL UNDOCUMENTED FILL, AND TOPSOIL SHALL BE REMOVED FROM WITHIN THE PROPOSED BUILDING PAD. A GEOTECHNICAL ENGINEER OR THEIR DESIGNATED REPRESENTATIVE SHALL OBSERVE THE PROJECT EXCAVATIONS TO VERIFY THAT UNSUITABLE MATERIALS HAVE BEEN PROPERLY REMOVED FROM PROPOSED STRUCTURAL AREAS, THAT ADEQUATE BEARING SUPPORT IS PROVIDED BY THE EXPOSED SOILS AND THAT STRUCTURAL FILL IS PLACED APPROPRIATELY. THE EXPOSED SOIL AT THE BASE OF FOOTINGS SHALL BE COMPACTED TO 98 PERCENT PROCTOR DRY DENSITY (ASTM D698). IF SOIL CORRECTION IS REQUIRED IT SHALL EXTEND 3 FEET OUTSIDE OF THE PAVEMENT OR BUILDING LIMITS PLUS ONE FOOT HORIZONTAL FOR EVERY VERTICAL FOOT OF CORRECTION. 6. ON-SITE NON-ORGANIC NON -SILT SOIL IS GENERALLY SUITABLE FOR STRUCTURAL FILL. SILTY OR ORGANIC SOILS SHALL NOT BE USED FOR STRUCTURAL FILL. PLACEMENT OF STRUCTURAL FILL SHALL BE OBSERVED AND TESTED BY AN EXPERIENCED TECHNICIAN OR ENGINEER TO VERIFY THAT PROPER COMPACTION HAS BEEN ACHIEVED. STRUCTURAL FILL SHALL BE MOISTURE CONDITIONED (DRIED OR WETTED) AS APPROPRIATE PRIOR TO PLACEMENT. MOISTURE CONDITIONED ENGINEERED FILL SHALL BE PLACED AND COMPACTED IN LOOSE LIFTS OF 8 INCHES OR LESS. EACH LIFT OF FILL SHOULD BE COMPACTED BY LARGE VIBRATORY EQUIPMENT UNTIL THE IN-PLACE SOIL DENSITY IS EQUAL TO OR GREATER THAN THE CRITERIA ESTABLISHED WITHIN THE FOLLOWING TABULATION. TYPE OF CONSTRUCTION COMPACTION CRITERIA (% RESPECTIVE PROCTOR) 90 NON -ENGINEERED FILL (GREEN SPACE) ENGINEERED FILL BELOW FOUNDATIONS ENGINEERED FILL BELOW FLOOR SLABS ENGINEERED FILL PLACED AS PAVEMENT AGGREGATE BASE ENGINEERED FILL PLACED MORE THAN 3 FEET BELOW PAVEMENT AGGREGATE BASE 98 95 100 95 ENGINEERED FILL PLACED IN UPPER 3 FEET 100 BELOW PAVEMENT AGGREGATE BASE UTILITY TRENCHES 95 MOISTURE CONTENT VARIANCE FROM OPTIMUM - 3 TO +3% - 2 TO +2% - 2 TO +2% -2 TO +2% -3 TO +3% -3 TO +3% - 3 TO +3% 7. SIDEWALLS SHALL BE BENCHED OR SLOPED TO PROVIDE SAFE WORKING CONDITIONS AND STABILITY FOR ENGINEERED FILL PLACEMENT. THE CONTRACTOR IS SOLELY RESPONSIBLE FOR ASSESSING THE STABILITY OF AND EXECUTING PROJECT EXCAVATIONS USING SAFE METHODS. THE CONTRACTOR IS ALSO RESPONSIBLE FOR NAMING THE "COMPETENT INDIVIDUAL" AS PER SUBPART P OF 29 CFR 1926.6 (FEDERAL REGISTER - OSHA). 8. THE CONTRACTOR SHALL PROTECT THE SUBGRADE FROM INCLEMENT WEATHER TO MAINTAIN STABILITY. FOLLOWING REMOVAL OF TOPSOIL, PAVEMENT, AND ANY UNSUITABLE SOILS, THE RESULTING SUBGRADE SHOULD BE SCARIFIED AND RE -COMPACTED TO A DEPTH OF 12 INCHES. A PROOFROLL TEST SHOULD THEN BE PERFORMED TO DETERMINE SOFT OR UNSTABLE SUBGRADE AREAS. IF RUTTING OR LOCALIZED UNSTABLE SUBGRADE AREAS ARE OBSERVED, THOSE AREAS SHOULD BE SUBCUT, MOISTURE -CONDITIONED, AND RE -COMPACTED OR REMOVED TO A STABLE DEPTH. THE PROOF ROLL SHOULD BE PERFORMED WITH A TANDEM AXLE DUMP TRUCK LOADED TO GROSS CAPACITY (AT LEAST 20 TONS). ACCEPTANCE CRITERIA OF THE PROOF ROLL SHALL BE LIMITED TO RUT FORMATION NO MORE THAN ONE INCH (1") DEPTH (FRONT OR REAR AXLES) AND NO PUMPING (ROLLING) OBSERVED DURING THE VISUAL INSPECTION. PROOF ROLL TESTS SHOULD BE OBSERVED BY AN EXPERIENCED TECHNICIAN OR ENGINEER PRIOR TO PLACEMENT OF THE AGGREGATE BASE COURSE TO VERIFY THE SUBGRADE WILL PROVIDE ADEQUATE PAVEMENT SUPPORT. 9. SEE STRUCTURAL PLANS BY NELSON-RUDIE & ASSOCIATES FOR PILE LOCATIONS AND RETAINING WALL DESIGN. 10. TRAIL GRADING AND STORMWATER MANAGEMENT FACILITY IS SHOWN FOR DESIGN COORDINATION PURPOSE ONLY. FINAL PLANS FOR MENDOTA PLAZA TO REFLECT INTERIM GRADING CONDITIONS. 11. PAVEMENT HEAVY DUTY BITUMINOUS PAVEMENT 2.0" BITUMINOUS WEAR (MNDOT 2360) WEARING COURSE MIXTURE (2,B) SPWEA240E) TACK COAT (MNDOT 2357) 2.0" BITUMINOUS NON -WEAR (MNDOT 2360 TYPE 12.5 NON -WEARING COURSE MIXTURE (2,B) SPNWA230E) 10" AGGREGATE BASE (MNDOT 3138 CL5 OR CL7) COMPACTED SUBGRADE BITUMINOUS PAVEMENT 1.5" BITUMINOUS WEAR (MNDOT 2360) WEARING COURSE MIXTURE (2,B) SPWEA240E) TACK COAT (MNDOT 2357) 1.5" BITUMINOUS NON -WEAR (MNDOT 2360 TYPE 12.5 NON -WEARING COURSE MIXTURE (2,B) SPNWA230E) 8" AGGREGATE BASE (MNDOT 3138 CL5 OR CL7) COMPACTED SUBGRADE BITUMINOUS PAVEMENT FOR TURN LANE 2.0" BITUMINOUS WEARING COURSE TYPE SP 12.5 2.0" BITUMINOUS WEARING COURSE TYPE SP 12.5 2.5" NON -WEARING COURSE MIXTURE TYPE SP 12.5 6.0" AGGREGATE BASE (CV) (MNDOT 2211 CL6) 8.0" AGGREGATE BASE (CV) (MNDOT 2211 CL4) COMPACTED SUBGRADE CONCRETE PAVEMENT 7.0" CONCRETE (SEE BELOW) 6.0" AGGREGATE BASE (MNDOT 3138 CL5 OR CL7) COMPACTED SUBGRADE #4 BAR 24" 0.C. BOTH DIRECTIONS (MNDOT 3301) CONCRETE WALKWAYS 4.0" CONCRETE WALK (SEE BELOW) 6.0" AGGREGATE BASE (MNDOT 3138 CL5 OR CL7) COMPACTED SUBGRADE 12. CONCRETE MIX NO. 3F5# (MNDOT 2461) SHALL BE USED FOR HAND PLACED FORMED CURB AND GUTTER, MEDIANS, DRIVEWAYS, CROSS GUTTERS, SIDEWALKS, PEDESTRIAN RAMPS AND MEDIANS. CONCRETE MIX NO. 3M3#, MNDOT SPECIFICATION 2461) SHALL BE USED FOR AN EXTRUSION MACHINE PLACEMENT OF CONCRETE. IN THE PRODUCTION OF CONCRETE, AN AIR ENTRAINING AGENT SHALL BE ADDED TO THE MIX ACCORDING TO MNDOT 2461.4. 13. FORM COATING MATERIAL SHALL MEET MNDOT 3902. CONCRETE INSTALLATION SHALL CONFORM WITH MNDOT 2531. 14. SITE CONCRETE FINISHING - CONCRETE SHALL BE STRUCK TRUE TO CROSS SECTION AS SHOWN ON THE PLANS. NO ADDITIONAL WATER MAY BE ADDED TO AID IN THE FINISHING PROCESS. A LIGHT BROOM FINISH WILL BE REQUIRED AT RIGHT ANGLES TO THE CENTER LINE ON ALL CONCRETE WORK UNLESS DIRECTED OTHERWISE. ALL EXPOSED EDGES AND JOINTS IN CURB,GUTTER, SIDEWALK AND STEPS SHALL BE ROUNDED WITH A SUITABLE EDGING TOOL. BEFORE FINAL FINISHING, THE CONTRACTOR SHALL CHECK THE CONCRETE WITH A TEN (10) FOOT STEEL STRAIGHT EDGE TO ENSURE THERE IS NO VARIATION GREATER THAN 3/16"FROM THE STRAIGHT EDGE ON TANGENT LINES OR GRADES. IF DEVIATIONS GREATER THAN 3/16" ARE FOUND THE WORK WILL BE CONSIDERED AS UNACCEPTABLE AND WILL BE REQUIRED TO BE REMOVED AND REPLACED AT NO EXPENSE TO THE OWNER. 15. CONCRETE CURING SHALL BE PERFORMED BY APPLYING A MEMBRANE CURING COMPOUND (TYPE 2, WHITE PIGMENTED, MNDOT 3754) TO THE EXPOSED SURFACE OF THE CONCRETE WITHIN ONE (1)HOUR AFTER FINISHING THE CONCRETE SURFACES. WHEN THE FORMS ARE REMOVED IN LESS THAN 72 HOURS AFTER PLACING THE CONCRETE, THE CURING COMPOUND SHALL BE APPLIED IMMEDIATELY TO THE EXPOSED SURFACES, OR THE TRENCHES SHALL BE BACKFILLED IMMEDIATELY WITH SUITABLE BACKFILL MATERIAL. THE RATE OF APPLICATION OF CURING COMPOUND SHALL BE 150 SQUARE FEET PER GALLON. THE COMPOUND SHALL APPEAR AS WHITE AS A SHEET OF PAPER AFTER APPLICATION ON THE CONCRETE SURFACE. 16. PREFORMED EXPANSION JOINTS SHALL MEET MNDOT 3702, AND SHALL BE PROVIDED AT THE FOLLOWING LOCATIONS: AT THE BEGINNING AND END OF ALL CURB AND GUTTER RADII. WHERE NEW CONCRETE SURROUNDS, ADJOINS, OR ABUTS ANY EXISTING FIXED OBJECTS SUCH AS FIRE HYDRANTS, BUILDING FOUNDATIONS, CONCRETE DRIVEWAYS, SIDEWALKS, AND OTHER RIGID STRUCTURES. AFTER EACH LOAD OF CONCRETE WHEN PLACING CURB AND EVERY 100 FEET WHEN PLACING SIDEWALK. CONTRACTION JOINTS WILL NOT BE SEALED BUT WILL BE REQUIRED AT A SPACING OF 10 FEET ON CURB AND GUTTER AND ON SIDEWALK CONSTRUCTION AS SHOWN ON THE PLAN. CONTRACTION JOINTS WILL BE CUT TO A DEPTH 1/3 THE THICKNESS OF THE CONCRETE, SURFACE AND BACK OF ALL CURBS. CONTRACTION JOINTS SHALL BE PLACED SO THAT NO SLAB IS LARGER THAN 100 SQUARE FEET IN AREA. THE CONTRACTOR IS RESPONSIBLE FOR CONSTRUCTING CONTRACTION JOINTS THAT PREVENT CONCRETE FROM CRACKING AT OTHER LOCATIONS. 17. CONCRETE TESTING INCLUDING SLUMP, AIR ENTRAINMENT, TEMPERATURE AND COMPRESSIVE STRENGTH SHALL BE PERFORMED ON THE FIRST LOAD OF THE DAY FOR ALL CONCRETE POURS OF AT LEAST 4 CUBIC YARDS. AN ADDITIONAL TEST SHALL BE PERFORMED FOR EACH 100 CUBIC YARDS OR PORTION THEREOF. 18. AGGREGATE BASE FINAL SHAPING AND COMPACTION OF THE AGGREGATE BASE SHALL BE DONE JUST PRIOR TO CONSTRUCTION OF THE PLANT MIX BITUMINOUS SURFACE. THE FINISHED SURFACE OF THE BASE SHALL SHOW NO VARIATION GREATER THAN 1/2 INCH FROM A TEN (10) FOOT STRAIGHT EDGE. 19. PLANT MIXED BITUMINOUS MIXTURE SHALL BE SPREAD WITHOUT SEGREGATION, AT THE SPECIFIED RATE TO THE CROSS SECTION SHOWN IN THE PLANS AND PER MNDOT 3151. 20. THE THICKNESS OF EACH BITUMINOUS COURSE SHALL BE WITHIN 1/4 INCH OF THE THICKNESS AS SHOWN ON THE PLANS. THE TOTAL THICKNESS OF ALL BITUMINOUS COURSES SHALL BE WITHIN 1/2 INCH. 21. ADJUST ALL SURFACE COURSES TO NOT GREATER THANy," ABOVE ADJACENT CURB FRONT EDGES WHERE WATER FLOWS TO CURB, AND FLUSH WHERE WATER FLOWS AWAY FROM CURB, OR lh" ABOVE MANHOLE FRAMES, VALVE BOXES OR OTHER FIXED STRUCTURES. 22. PRIOR TO CONSTRUCTING THE BITUMINOUS BINDER AND/OR WEARING COURSES, THE CONTRACTOR SHALL SWEEP THE PARKING LOT. THE SWEEPER SHALL BE A SELF-PROPELLED PICK-UP (WITH WATER) SWEEPER. A SIDE -THROW SWEEPER WILL NOT BE ALLOWED. 23. TACK COAT SHALL CONFORM TO MNDOT 2357.2.A. 24. BITUMINOUS PAVEMENTS SHALL BE COMPACTED TO 92% OF THE MAXIMUM THEORETICAL DENSITY. THE OWNER MAY AT THEIR OPTION PERFORM AGGREGATE AND BITUMINOUS TESTING. THE COST OF ALL FAILING TESTS MAY BE BACK -CHARGED TO THE CONTRACTOR. 25. THE PREVIOUSLY APPROVED DEVELOPMENT PLAN INCLUDED 0.063 ACRES OF WETLAND FILL IN THIS LOCATION. AT THAT TIME (03/01/2010) THE DEVELOPER PURCHASE WETLAND BANK CREDITS AT THE RATE 2.25:1. THE CURRENT REQUIREMENTS FOR MITIGATION IS 2:1 AND THE IMPACT IS LESS THAN PROPOSED UNDER THE PREVIOUS APPROVAL. THEREFOR NO ADDITIONAL MITIGATION IS PROPOSED. page 233 pastel-. PROPERTIES 6rowitv places 2227 UNIVERSITY AVE W ST. PAUL, MINNESOTA 55114 T 651-646-7901 F 651-646-1389 aCthome APARTMENTS 616 LINCOLN AVENUE ST. PAUL, MINNESOTA 55102 T 651-225-8227 F 651-221-0339 PROJECT MENDOTA PLAZA MENDOTA HEIGHTS, MINNESOTA SHEET INDEX PUD AMENDMENT, PRELIMINARY PLAT, FINAL PLAT RESUBMITTAL 06/08/2016 ISSUE DATE CLARIFICATION OF BUILDING AREAS 06/13/16 UTILITY REVISION REVISION 06/22/16 06/28/16 Civil Engineering 1 Landscape Architecture 1 Construction Services 901 N 3rd STREET, SUITE 120 MINNEAPOLIS, MN 55401 p 612.260.7980 f 612.260.7990 www.elanlab.com CERTIFICATION I hereby certify that this plan was prepared by me, or under my direct supervision and that I am a duly Licensed Professio . 114 eer under the laws of the statbill .111-4% COSI Stephen M. Johnston DATE REGISTRATION NO. 18914 06/08/16 SHEET C301PAS01.DWG GRADING PLAN 03.1 PROJECT NO. 10 UG UG - UG UG UG UG uG UG 8"X6"TEE, 6" GATE VALVES (2) UG UG UG uc FES A -6" WA I EH SERVICE 6" WATER SERVICE IE 841.5 RESTAURANT 6,000 +/- SF. FFE 850.0 6" SANITARY SEWER SERVICE IE 839.5 IE 842.0 CB 16 / N 6" SAN TARY SE I SERVI E IE 840.6 I RETAIL/I RESTAURANT I 4,860 +/- SF. FE 850. FDC ER 0.1 CBMH T5 1 6"- 45d BENDS CBMH 14 GPITE M LY HYDRANT & GATEVALVE ASSEMBLY (TYP) M 6"- 45d BEND 188' - 8" PVC @2.6% \ \ I8"- 45d BEND 8"X8"TEE &' X _6 R ED UC ER M CBMH 9-\ 8"X8"TEE, 8" GATE VALVE HYDRANT INSTALLATION (TYP.) / 8"- 45d BEND 8"X6"TEE CBMH 11 / BE HIVE TOP=84 R.E.=84 I.E.(SE)= CB .48 7.85 4 STMH 10 \CBMH 12 8"X8" TEE 8"X6" REDUCER HYDRANT & GATEVALVE ASSEMBLY (TYP) FDC „t/ ALL SANITA ATERMAIN TO BY 10' HYDRANT & GATEVALVE ASSEMBLY (TYP) 8" - 22.5d BEND j+/ CBMH 3 WER AND ARATED TALLY YP.) CB 4 / 8"X6"TEE - 'UG I SAN MH 4 RE 845.10 IE 834.50 N \ IE 834.50 SE IE 834.40 SW 8"X8" TEE, 8" GATEVALVE 8" INSULATION 5' BOT PI SIDES OF PIPE AT RT CROSSING J BOX CUL 64'-8VC@0.5% "- 22.5d BEND / 94' - 8" PVC / @0.5% 8"X6"TEE 6" - 22.5d BEND HYDRANT & GATEVALV ASSEMB c* SANMH3 CB 23 RE 846.1 IE 834.08 N IE 833.98 S RESIDENTIAL 4 STORIES FDC 41,316 SF. (139 UNITS) SUB PARKING FFE 842.0 PARKING FFE 851.33 1st FLOOR FFE 862.66 WATERMAI N OFFSET OFFSET WATERMAIN UNDER SANITARY SEWER MINIMUM 18" VERTICAL SEPARATION (TYP.) CB 19 N H =8 , .8 =848.. • G. N. / -lJ r / N. G. G. G. N G. G. N / N x N. N./ `N G. G. G. �� N. /G. ,G.N G.G. / N N. r, G. / N. 2',...G. N. N. x-. H 22 CB 7 / N CB )0/ 21 CBMH 20 113 - 8" PVC @0.5% STMH 18 .N N N N 8" GATE VALVE CONNECT TO EXISTING WATERMAIN / a FUG \ 0 OP PE TOP=838.5\ (S =815.9,+/- V �� \ / I) UTILITY PLAN 5\1v1H! RIM=853..5 / SANITARY MANH9L'� INSIDE DROP / / CONNECT TO XISTIN MANHOLE WITH INS IE 831.86 / SAN MH 2 RE 845.0 IE 833.42 N IE 833.32 S PIPE BEDDING (TYP.) E DROP; 192' - 8" PVC @0.5% STMH 17 SAN MH 1 RE 850.0 IE 832.35 N IE 832.25 W SANITARY_ MANHOLE - - (TYP.) 4 54 V-838 • 79' - 8" PVC 0.5%-- ----. sCF k 30 E O . RCp NTS - SEE NATE. %FR pT1N -1-,A0 I I I 1 REMOVE & REPL EXISTING IMPROVE / / 7/ / / 1/ 1"=40' UTILITY NOTES 1. VERIFY ALL CONNECTIONS TO EXISTING UTILITY SERVICES PRIOR TO CONSTRUCTION. ANY DISCREPANCIES BETWEEN LOCATED UTILITIES AND THE EXISTING CONDITIONS PLAN SHOULD BE NOTED AND FORWARDED TO THE ENGINEER. 4. CONTRACTOR TO PROVIDE ADEQUATE MEANS AND METHODS TO ASSURE ADJACENT PROPERTY IS NOT DAMAGED DURING UTILITY INSTALLATION. 5. PIPE LENGTHS SHOWN ARE MEASURED FROM CENTER OF STRUCTURE TO CENTER OF STRUCTURE. 6. UTILITY SERVICE LOCATIONS WITHIN BUILDING ARE SHOWN CORRECT AS OF THE DATE OF THIS PLAN. THE CONTRACTOR SHALL VERIFY LOCATIONS BY COMPARING THIS PLAN WITH THE MECHANICAL PLANS PRIOR TO ANY UTILITY CONSTRUCTION. 7. PIPE MATERIALS: (TO BE VERIFIED) WATERMAIN SAN SEWER STORM SEWER ROOF DRAINS 6"&8" DIP CLASS 52 8" PVC SDR 35 12-36" HDPE OR RCP 6" TO 12" PVC SDR 26 8. ALL UTILITY CONSTRUCTION TO CONFORM WITH STATE, CITY ENGINEER'S ASSOCIATION OF MINNESOTA (CEAM), ST. PAUL REGIONAL WATER UTILITY WATER SERVICES SPECIFICATIONS, AND CITY OF MENDOTA HEIGHTS STANDARD SPECIFICATIONS. 9. ADJUST ALL STRUCTURES, PUBLIC AND PRIVATE, TO PROPOSED GRADES WHERE DISTURBED. COMPLY WITH ALL REQUIREMENTS OF UTILITY OWNERS. STRUCTURES BEING RESET TO PAVED AREAS TO MEET OWNERS REQUIREMENTS FOR TRAFFIC LOADING. 10. MAINTAIN 8' COVER ON ALL NEW WATERMAIN. 11. PILE SUPPORTED UTILITY LIMITS MUST BE DETERMINED AT FINAL DESIGN. 12. CONNECTION TO EXISTING MANHOLE WILL REQUIRE THE REMOVAL AND REPLACEMENT OF EXISTING CURB, PAVEMENT AND OTHER IMPROVEMENTS. CONTRACTOR TO WORK INSIDE OF A DOUBLE BOX TO MINIMIZE DISTURBANCE. SUPPORT EXISTING UTILITIES. ACCESS TO EXISTING CENTER TO BE RESTORED AS QUICKLY AS POSSIBLE. EXCAVATION TO BE BACKFILLED BY THE END OF THE WORK DAY AND THE DRIVEWAY REOPENED WITH A GRAVEL SURFACE. CURB AND PAVEMENT RESTORATION MUST BE COMPLETED WITHIN 5 WORKING DAYS. LEGEND STORM SEWER SANITARY SEWER ry ry WATERMAIN Know what's below. Call before you dig. page 234 paster.. PROPERTIES PROPERTIES 6-rowit49 places 2227 UNIVERSITY AVE W ST. PAUL, MINNESOTA 55114 T 651-646-7901 F 651-646-1389 afhome APART MI E N TS 616 LINCOLN AVENUE ST. PAUL, MINNESOTA 55102 T 651-225-8227 F 651-221-0339 PROJECT MENDOTA PLAZA MENDOTA HEIGHTS, MINNESOTA SHEET INDEX PUD AMENDMENT, PRELIMINARY PLAT, FINAL PLAT RESUBMITTAL 06/08/2016 ISSUE DATE CLARIFICATION OF BUILDING AREAS /1\ 06/13/16 UTILITY REVISION REVISION 06/22/16 06/28/16 Civil Engineering 1 Landscape Architecture 1 Construction Services 901 N 3rd STREET, SUITE 120 MINNEAPOLIS, MN 55401 p 612.260.7980 f 612.260.7990 www.elanlab.com CERTIFICATION I hereby certify that this plan was prepared by me, or under my direct supervision and that I am a duly Licensed Professio• -V "F eer under the ey.Qf laws of the statll ' A. vio CI COSI Stephen M. Johnston DATE REGISTRATION NO. 18914 06/08/16 SHEET C401 PAS01.DWG UTILITY PLAN C4.1 PROJECT NO. PAS16001 UG FES INV=847.6 UG UG -UG UG - -- uG- - -- OVERFLOW (TYP.) UG UG G STORM SEWER BY DAKOTA COUNTY INFILTRATION BASIN (TURN -LANE) BOTTOM 845.0 OVERFLOW 847.1 STORAGE 680 CF UG UG UG OUTLET CONTROL STRUCTURE (TYP.) 40'-24"RCP @1.0% FES A IE 829.0 RATE CONTROL POND NWL 837.0 2- YR 837.3 10 - YR 838.6 100 - YR 841.7 FLARED END SECTION (TYP.) 28' - 15" RCP @ 0.0% OCS 1 \ RE 841.0 \ IE 837.0 E E 829.4 W • • • • FES C IE 837.0 FES B IE 834.0 L - -- , DE 800 /T S RESTAURANT 6,000 +/- SF. FFE 850.0 8" PVC SAN MH 6 ROOF DRAIN IE 844.6 ri smo 72'-8"PVC @1% CBMH1g IE 83 RE 847.36 IE 83 IE 837.50 W IE 843. IE 843.88 N IE 843. IE 834.71 E C8�-6 RE 849.23 IE 845.65 X09` rt5 HQPE - - @0.4 ' - t5" 1 -FD -RE RETAIL» RESTAURI T 4,860 +/ SAF. rFE :50. 8" PVC ROOF DRAIN IE 844.7 V CBMH 15 RE 849.22 IE 845.22 DEPRESS CURB AT STORM INLETS (TYP) 41' - 15" HDPE @2.0% CBMH 11 RE 847.89 IE 837.40 E 2 15" HDPE \ @1.6% \ 72'-8"PV @1% M_S_T121-1Q RE 848.30 \ IE 834.50 S \ IE 834.50 W IE 835.90 N BEEHIVE CB TOP=84 x.48 R.E.=84 I.E.(SE)=: 7.85 99' - 36" HDPE @ 0.1% 0 - 102'-36"RCP @ 0.49% IE 836.35 E 109' - 36" HDPE @ 0.1% 0.4% CBMH 14 RE 850.96 IE 83&40 E IE 844.90 W / • 114 15" DPE /@2.0% 29'-15"HD @0.4% E 0 CBMH 13 RE 850.961 IE 838.29 15" PVC ROOF DRAIN CONNECTION IE 836.6 0 CBMH 2 RE 844.41 IE 839.40 CB 1 RE 842.48 IE 839.52 77'-15"HIPE ©0.50% 49'-15"HD @0.2� 54' - 18" HDPE @0.5% CBMH 5 RE 844.70 / IE 835.19 N IE 840.89 W IE835.19E / \ \ , V• • • • \ • • • • INV=836.0 \ (PER PLAN) 7 UNDERGROUND INFILTRATION BASIN (TRITON SYSTEM) BOTTOM 834.0 OVERFLOW 837.5 VOLUME 12,750 CF (MINIMU SURFACE AREA 6,900 SF STMH-J RIM=840.6 PLAN INV(5w)=835.92 ----PL,&INV(N)=931.40 - CB 23 RE 846.6 IE 843.1 CB 4 RE 844.53 1E 841.14 1 25' - 15" HDPE @1.0% SAN MH 4 / CATCHBASIN (TYP.) CB 7 RE 845.18 I E 841.84 / • • • • • • • • • t‘v N H =8 , .8 =848.. • 25' - 15" HDPE QMH 22 @0.5% RE 846.6 IE 842.98 N IE 842.78 S 49.7 INS -840 \ • • • \ \ N N \ \ \/ \ N N. \ / \ 39' - 15" HDPE 24" HDPE > (PER PLAN) .wFns.os 9B/MH 3 \V A•�i��i��/RE845.45 •/,.!�' / IE 834.52 N •� 2 '/ / IE 834.92 W / IE 834.92 S/, 2' SUMP 18'18" HDPE @0.5% 11114 PP RESIDENTIAL 4 STORIES 41,316 SF. (139 UNITS) SUB PARKING FFE 842.0 PARKING FFE 851.33 1st FLOOR FFE 862.66 -0- 'UG CB 19 RE 860.0 IE 856.94 / 15" PVC ROOF DRAIN CONNECTIO, IE 836.0 / CATCHBASIN MANHOLE (TYP.) / BSJ.ILD.QBMH 21 •OVER EXISTING PIPE /RE 847.5 IE 842.59 N IE840.00W&S` • 1.5' X 12' TRENCH DRAIN RE 841.75 IE 835.71 \ \ • / • • • \ /\ \ • \ // \ \ \ / \ •• • NH4 `�J •\ RIM=853. \ OP PE TOP=838.5\ \\ \ (S -815.9,+/- \ ► �� / \ // BUILD CBMH 2G OVER EXISTING PIPE RIE 847.75 IE 839.0 / / AN) / 44' - 24" HDPE ©2.3% SAN MH 2 -/ -CB RIM -848.8 INV(NE)=838 INV(SE)=836.0 FES INV -836 (PER PLAN) • • • • • • • FES INV= • • • • STMH RIM=84 AB \ FES INV=835.9 \ E/ 0 RCP \ \ • • -FES S- SAN MH 1 54 V 838 TIN STORMWATER MANAGEMENT PLAN / SE INFILTRATION BASIN BOTTOM 838.0 OVERFLOW 839.6 STORAGE 930 CF HWL 839.9 27" CATCH BASIN (TYP.) 128' - 8" PVC CBMH 18 RE 860.0 IE 835.68 S IE 838.68 N STMH 17 RE 848.0 IE 844.58 N IE 838.31 S 2' SUMP PRESERVER GRAVITY SEPARATOR 52' - 12" RCP UTILITY NOTES 1. SEE SHEET C4.1 FOR UTILITY NOTES AND LEGEND. 81' - 3' X 12' BOX CULVERT ENLARGED PLAN 1" = 20' Know what's below. Call before you dig. page 235 paster PROPERTIES 6-rowitv places 2227 UNIVERSITY AVE W ST. PAUL, MINNESOTA 55114 T 651-646-7901 F 651-646-1389 aCthome 616 LINCOLN AVENUE ST. PAUL, MINNESOTA 55102 T 651-225-8227 F 651-221-0339 PROJECT MENDOTA PLAZA MENDOTA HEIGHTS, MINNESOTA SHEET INDEX PUD AMENDMENT, PRELIMINARY PLAT, FINAL PLAT RESUBMITTAL 06/08/2016 ISSUE DATE CLARIFICATION OF BUILDING AREAS 06/13/16 UTILITY REVISION REVISION 06/22/16 06/28/16 Civil Engineering 1 Landscape Architecture 1 Construction Services 901 N 3rd STREET, SUITE 120 MINNEAPOLIS, MN 55401 p 612.260.7980 f 612.260.7990 www.elanlab.com CERTIFICATION I hereby certify that this plan was prepared by me, or under my direct supervision and that I am a duly Licensed Professio . 114 eer under the laws of the statofil 'IV, A. vio CI COSI Stephen M. Johnston DATE REGISTRATION NO. 18914 06/08/16 SHEET C402PAS01.DWG STORMWATER MANAGEMENT PLAN C4.2 PROJECT NO. STATE TRUNK HIGHWAY NO. 110 u U r1 0 0 z EDGING AT PLANTING BED (TYP.) COMMERCIAL PYLON SIGNAAA t �ri YwliCm �a� ��;�+ rr �.. �► w .. ear/�ml .awy'�`Y'/vYm �Cw;°7_ w wl• � �1 �w.;i� � C�'aaasaia>�1�►Or►�O �O.d�limilkr yaiwp T{ -Trnv• ozoni rO'' m1„mm Inuit RESTAURANT 6,000 +/- SF. FFE 850.0 SHRUB PLANTING (TYP.) 30" HIGH DRY STACKED LIMESTONE WAL (TYP.) ENLARGED LANDSCAPE PLAN SOD AT HARDSCAPE EDGE (TYP.) ENLARGED LANDSCAPE PLAN RESIDENTIAL 4 STORIES 41,316 SF. (139 U S SUB PARKING FF 842.0 PARKING FFE 8 1.33 1st FLOOR FFE : X2.66 CONIF REE YP.) ( RESIDEN MONUME SIGN 30" HIGH DRY STACKED LIMESTONE WALL (TYP.) MODULAR BLOCK RETAINING WALL (TYP.) / T, N �..,< N NN N / " N N. N N/ N N N / N N x ` / `N N N N N / N �N N / `\ T, /N. N N. N. N / N N N.N N. N NN N. N. / N /Y. N N / N N N. N / \ T\N. N N. N N. N N / ' N N. N.N.N.N NN N. N /� N NN. / - N. x / `NN N N N / /pis 414 Aka 0fog li /s-40 40 tf%b � a 01 VON fri /14 r AI� .N \ ` N / / / / / / / LANDSCAPE PLAN 0 IAL T EROUS PLANTING MODULAR BLOCK RETAINING WALL (TYP.) TREE GUARDS (TYP.) 1"=40' LANDSCAPE NOTES 1. LANDSCAPE CONTRACTOR IS RESPONSIBLE FOR FINISHED GRADING AND POSITIVE SURFACE DRAINAGE IN ALL LANDSCAPE AREAS. LANDSCAPE CONTRACTOR MUST ENSURE THAT THE FINAL GRADES ARE MET AS SHOWN ON GRADING PLAN. IF ANY DISCREPANCIES ARE FOUND, IMMEDIATELY NOTIFY LANDSCAPE ARCHITECT FOR RESOLUTION. 2. ALL PLANT MATERIALS ARE TO CONFORM WITH STATE & LOCAL CONSTRUCTION STANDARDS AND THE CURRENT ADDITION OF THE AMERICAN ASSOCIATION OF NURSERYMEN STANDARDS. ALL PLANT MATERIALS ARE TO BE HEALTHY, HARDY STOCK, AND FREE FROM ANY DISEASES, DAMAGE, AND DISFIGURATION. 3. QUANTITIES OF PLANTS LISTED ON THE PLAN ARE TO GOVERN ANY DISCREPANCY BETWEEN THE QUANTITIES SHOWN ON THE PLANT SCHEDULE AND PLAN. PLACE PLANTS IN PROPER SPACING FOLLOWING LAYOUT FIGURES. 4. APPLY FOUR (4) INCH DEPTH OF SHREDDED HARDWOOD BARK MULCH IN FOUR (4) FOOT DIAMETER RING AROUND ALL TREES IN TURF AREA. NO EDGING IS REQUIRED. 5. EDGE ALL SHRUB BEDS WITH FOUR (4) INCH MILL FINISHED ALUMINUM EDGING WITH STAKES. 6. APPLY FOUR (4) INCH DEPTH OF SHREDDED HARDWOOD BARK MULCH IN ALL SHRUB AREAS. 7. APPLY THREE (3) INCH DEPTH OF SHREDDED HARDWOOD BARK MULCH IN ALL PERENNIAL AREAS. 8. SOD SHOWN ON LANDSCAPE PLAN TO BE INSTALLED BY LANDSCAPE CONTRACTOR. SOD SHALL CONFORM WITH MNDOT 3878.2A, BE DENSE, AND OF UNIFORM TEXTURE, FREE OF WEEDS AND DISEASE. APPLY MINIMUM SIX (6) INCHES OF TOPSOIL (MNDOT 3877) AND THOROUGHLY APPLY SLOW RELEASE FERTILIZER TO TOP TWO (2) INCHES BEFORE LAYING SOD. PLANT SCHEDULE 9. PLANTING SOIL FOR LANDSCAPED AREAS SHALL BE AT MINIMUM SIX (6) INCHES IN DEPTH AND A SANDY LOAM, SILT LOAM, LOAM, OR SANDY CLAY CONSISTING OF NO MORE THAN 65% SAND, 1.5-10% ORGANIC MATTER, A PH OF 4.5-6.8, SOLUBLE SALTS LESS THAN 2 MMHOS/CM, FREE OF CHEMICAL CONTAMINANTS, AND NOT COMPACTED BEYOND 80% OF STANDARD PROCTOR OR 200 PSI. SUBSOIL SHALL BE SCARIFIED BEFORE TOPSOIL IS SPREAD. SOIL SHALL BE GENERALLY FREE OF DEBRIS SUCH AS LARGE ROCKS AND FRAGMENTS OF WOOD. 10. SPREAD PLANTING SOIL AT MINIMUM EIGHTEEN (18) INCH DEEP IN ALL PLANTING BEDS PRIOR TO PLANTING. 11. PLANTING AND TURF AREAS SHALL BE IRRIGATED WITH AN UNDERGROUND IRRIGATION SYSTEM. NO WATER IS ALLOWED ON ANY PAVEMENT, PARKING, WALKWAY, AND BUILDING. THE IRRIGATION CONTRACTOR IS TO DESIGN AND ENSURE THAT IRRIGATION DESIGN MEETS ALL CITY PLUMBING CODES AND REQUIREMENTS. 12. FOLLOW LANDSCAPE DETAILS FOR ALL INSTALLATION, UNLESS OTHERWISE NOTED. 13. ALL NATIVE SEEDING USED ON THIS PROJECT SHALL BE CERTIFIED TO BE OF MINNESOTA (OR AS SPECIFIED) ORIGIN BY THE MINNESOTA CROP IMPROVEMENT ASSOCIATION (MCIA). DOCUMENTATION VERIFYING THE ORIGIN OF THIS SEED IS TO BE PROVIDED TO THE LANDSCAPE ARCHITECT AT LEAST 30 DAYS PRIOR TO INSTALLATION DATE. 14. FOLLOW SEEDING METHOD, SEEDING INSTALLATION, AND SITE PREPARATION AS PER THE MNDOT SEEDING MANUAL 2014 UNLESS NOTED OTHERWISE ON THE LANDSCAPE PLANS OR IN THE SPECIFICATION BOOKLET. 15. LANDSCAPE CONTRACTOR TO MAINTAIN PLANTS AND SOD IN HEALTHY CONDITION THROUGHOUT TWO YEAR WARRANTY PERIOD. THE WARRANTY PERIOD SHALL BE BEGIN UPON INSPECTION AND ACCEPTANCE BY CITY STAFF. KEY QUANT. COMMON NAME SCIENTIFIC NAME SIZE ROOT COND. MATURE SIZE DECIDUOUS TREES 15 SIENNA GLEN ACER X FREEMANII 2.5" CAL. MAPLE 'SIENNA' B&B 50'H X 35'W 0 15 RIVER BIRCH BETULA NIGRA 10' CLUMP B&B 40'H X 30'W lijA5 COMMON CELTIS OCCIDENTALIS 2.5" CAL. B&B 60'H X 40'W HACKBERRY • 16 SUNBURST GLEDITSIA 2.5" CAL. B&B 40'H X 25'W HONEYLOCUST TRIACANTHOS VAR. INERMIS 'SUNCOLE' il O� 6 SWAMP WHITE BICOLOR B&B 50'H X 40'W QUERCUS 2.5" CAL. OAK EVERGREEN TREES 4 BLACK HILLS SPRUCE PICEA GLAUCA 6' HT. B&B 35'H X 20'W DENSATA 40 15 SHERWOOD PICEA ABIES 6' HT. B&B 8'H X 6'W COMPACT SPRUCE 'SHERWOOD COMPACTA' ORNAMENTAL TREES 0 33 THORNLESS CRATAEGUS 1.5" CAL. COCKSPUR CRUS-GALLI B&B 20'H X 15'W HAWTHORN VAR. INERMIS CO 23 SPRING SNOW MALUS 1.5" CAL. FLOWERING CRAB 'SPRING SNOW' B&B 20'H X 15'W DECIDUOUS SHRUBS 0 43 PRAIRIEFIRE CORNUS ALBA 5 GAL. DOGWOOD 'AUREA' POT 6'H X 6'W 0 32 ARCTIC FIRE CORNUS STOLONIFERA 5 GAL. POT 3'H X 3'W DOGWOOD 'FARROW' 0 38 BURNING BUSH EUONYMUS ALATUS 5 GAL. POT 8'H X 8'W 0 131 EMERALD MOUND LONICERA XYLOSTEUM 5 GAL. POT 3'H X 4'W HONEYSUCKLE 'EMERALD MOUND' 0 127 INCREDIBALL HYDRANGEA 5 GAL. POT 4'H X 4'W HYDRANGEA ARBORESCENS 'ABETWO' 12 0 NORTHERN BURGUNDY VIBURNUM DENTADUM 7 GAL. POT 10'H X 10'W ARROWWOOD 'MORTON' VIRBURNUM 24 GROW -LOW FRAGRANT RHUS AROMATICA 5 GAL. POT 2'H X 5'W SUMAC 'GRO-LOW' !; 199 SEM ASH LEAF SORBARIA SORBIFOLIA 5 GAL. POT 3'H X 3'W SPIREA 'SEM' 0 97 GOLDMOUND SPIREA JAPONICA 5 GAL. POT 2'H X 3'W SPIREA 'GOLDMOUND' EVERGREEN SHRUBS vV 8 SEA GREEN JUNIPERUS CHINENSIS 7 GAL. POT 5'H X 5'W JUNIPER 'SEA GREEN' A 0 Illi ANDORRA COMPACT JUNIPERUS HORIZONTALIS 5 GAL. POT 2'H X 4'W JUNIPER 'PLUMOSA COMPACTA' PERENNIALS 978 ELDORADO FEATHER CALAMAGROSTIS X 1 GAL. POT 4'H X 2'W 1 REED GRASS ACUTIFLORA'ELDORADO' BODACIOUS HEMEROCALLIS 1 GAL. POT 1.5'H X 2'W RETURNS DAYLILY 'BODACIOUS RETURNS' GLOWING DREAM ECHINACEA 1 GAL POT 2.5'H X 2'W CONEFLOWER 'GLOWING DREAM' RUSSIAN SAGE PEROVSKIA 1 GAL POT 3'H X 2'W ATRIPLICIFOLIA BLACK EYED RUDBECKIA FULGIDA 1 GAL POT 2'H X 2'W SUSAN 'GOLDSTURM' LEGEND SOD SEEDED AREA SEE SHEET C3.5 FOR SEED MIX SUBSTITUTIONS: IF ANY SUBSTITUTIONS ARE REQUIRED, SUBMIT WRITTEN DOCUMENTS AND PROPOSED SUBSTITUTIONS TO LANDSCAPE ARCHITECT FOR APPROVAL 5 DAYS PRIOR TO PURCHASE AND/OR INSTALLATION. Know what's oelow. Call before you dig. page 236 paster.. PROPERTIES PROPERTIES 6-rowitv places 2227 UNIVERSITY AVE W ST. PAUL, MINNESOTA 55114 T 651-646-7901 F 651-646-1389 afhome APARTMENTS 616 LINCOLN AVENUE ST. PAUL, MINNESOTA 55102 T 651-225-8227 F 651-221-0339 PROJECT MENDOTA PLAZA MENDOTA HEIGHTS, MINNESOTA SHEET INDEX PUD AMENDMENT, PRELIMINARY PLAT, FINAL PLAT RESUBMITTAL 06/08/2016 ISSUE DATE CLARIFICATION OF BUILDING AREAS /1\ 06/13/16 UTILITY REVISION REVISION 06/22/16 06/28/16 Civil Engineering 1 Landscape Architecture 1 Construction Services 901 N 3rd STREET, SUITE 120 MINNEAPOLIS, MN 55401 p 612.260.7980 f 612.260.7990 www.elanlab.com CERTIFICATION I hereby certify that this plan was prepared by me, or under my direct supervision and that I am a duly Licensed Landsca Iikct under the laws of the state of 1611S OAS vGl� �V CO Pilarsinee Saraithong DATE REGISTRATION NO. 45059 06/08/16 SHEET L201 PAS01.DWG LANDSCAPE PLAN L2.1 PROJECT NO. PAS16001 CITY OF MENDOTA HEIGHTS 1101 Victoria Curve 1 N1enc1'otaReight3 MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com Request for City Council Action MEETING DATE: August 2, 2016 TO: Mayor and City Council, City Administrator FROM: Nolan Wall, AICP — Planner SUBJECT: Ordinance 499 Concerning Temporary Family Health Care Dwelling Units COMMENT: Introduction The City is considering an amendment to Title 12-1D-3 of the City Code concerning temporary family health care dwelling units. Background Under a new law passed as part of the 2016 legislative session, all municipalities must allow for installation of a temporary residential dwelling on a property for the care of a mentally or physically -impaired person who is related to the resident. A temporary dwelling that meets the requirements of the law cannot be prohibited by a local ordinance that regulates accessory uses or recreational vehicle parking or storage. Many communities objected to certain provisions within the new law that limited local control and, as a result, an opt -out provision was added. The proposed code amendment includes the recommended opt -out language provided by the League of Minnesota Cities. If the City Council is interested in allowing temporary housing options or accessory dwellings units, staff recommends bringing forward more information for discussion in order to develop regulations that better fit the needs of the community. The Planning Commission conducted a public hearing at the July 26 meeting; there were no public comments. The Planning Commission also recommended further revisions to the ordinance than originally proposed, which staff supports. Discussion The City is using its legislative authority when considering action on a code amendment request and has broad discretion; the only limitations are that actions must be constitutional, rational, and in some way related to protecting the health, safety and general welfare of the public. Budget Impact N/A Recommendation page 238 The Planning Commission recommended approval of DRAFT Ordinance 499, as described in Planning Case 2016-25. If the City Council desires to implement the recommendation, pass a motion adopting ORDINANCE 499 CONCERNING OPTING -OUT OF THE REQUIREMENTS OF MINNESOTA STATUTES, SECTION 462.3593. Action Required This matter requires a simple majority vote. page 239 1 CITY OF MENDOTA HEIGHTS 2 DAKOTA COUNTY, MINNESOTA 3 4 ORDINANCE NO. 499 5 6 AN ORDINANCE AMENDING TITLE 12, CHAPTER 1, ARTICLE D OF THE CITY 7 CODE OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA, DAKOTA COUNTY, 8 CONCERNING OPTING -OUT OF THE REQUIREMENTS OF MINNESOTA 9 STATUTES, SECTION 462.3593 10 11 12 The City Council of the City of Mendota Heights, Minnesota, does hereby ordain: 13 14 Section 1. 15 16 Title 12 -1D -3-E is hereby added as follows: 17 18 Pursuant to authority granted by Minnesota Statutes, Section 462.3593, subdivision 9, the City of 19 Mendota Heights opts -out of the requirements of Minn. Stat. §462.3593, which defines and 20 regulates Temporary Family Health Care Dwellings. By opting -out, the City expressly prohibits 21 Temporary Family Health Care Dwellings as defined in Minn. Stat. §462.3593. 22 23 Section 2. 24 25 This Ordinance shall be in effect from and after the date of its passage and publication. 26 27 Adopted and ordained into an Ordinance this second day of August, 2016. 28 29 CITY COUNCIL 30 CITY OF MENDOTA HEIGHTS 31 32 33 34 Sandra Krebsbach, Mayor 35 ATTEST 36 37 38 39 Lorri Smith, City Clerk page 240 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.rnendota-hei g hts.con DATE: TO: FROM: SUBJECT: CITY OF MENDOTA HEGHTS APPLICANT: PROPERTY ADDRESS: ZONING/GUIDED: ACTION DEADLINE: Planning Staff Report July 26, 2016 Planning Commission Nolan Wall, AICP — Planner Planning Case 2016-25 Proposed Code Amendment — Temporary Family Health Care Dwelling Units City of Mendota Heights N/A N/A N/A DESCRIPTION OF THE REQUEST The City is considering an amendment to Title 12-1D-3 of the City Code concerning temporary family health care dwelling units. BACKGROUND As part of the 2016 legislative session, a bill was passed that requires cities to allow temporary family health care dwellings as a permitted use. The law contains a number of conditions that address size, accessibility, utility connection, design, and construction standards. In addition, applications are exempt from certain zoning, building, and fire regulations and permits must be approved within 15 days. Many communities voiced concerns and objections to the proposed legislation through the League of Minnesota Cities. As a result, the law was passed with an opt -out provision for cities by ordinance. The new law goes into effect on September 1, 2016. The proposed code amendment includes the recommended opt -out language provided by the League of Minnesota Cities. ANALYSIS Under the new law, all municipalities must allow for installation of a temporary residential dwelling on a property for the care of a mentally or physically -impaired person who is related to the resident. The initial permit is valid for six months and can be renewed once for another six months. A temporary family health care dwelling that meets the requirements of the law cannot be prohibited by a local ordinance that regulates accessory uses or recreational vehicle parking or storage. Upon review of the new law, staff raises the following concerns: 1. Allowing additional dwelling units (even temporarily) on parcels that are only zoned for one dwelling. page 241 2. Maximum size of 300 square feet is larger than the 144 -square foot maximum size for an accessory structure on most residential properties per the City Code. 3. No public hearing or other notification of surrounding property owners is required. 4. $100 permit fee may not be adequate to cover administration and enforcement costs. 5. Allowing occupation of a structure that is exempt from certain building and fire code requirements. 6. Compliance and removal issues if a permit is revoked. 7. Utility connection issues, based on building code requirements. 8. HIPPA data handling procedures. While the new law is well-intentioned, certain aspects of the proposed regulations contrast with existing city ordinances. As a policy matter, if the City Council is interested in allowing temporary housing options or accessory dwellings units, staff recommends bringing forward more information for discussion in order to develop regulations that better fit the needs of the community It's also worth noting that existing temporary housing options for health reasons already available in the community include spare bedrooms, apartments, assisted living facilities, short-term health care facilities, and group homes. ALTERNATIVES Following the public hearing and further discussion, the Planning Commission may consider the following actions: 1. Recommend approval of DRAFT Ordinance 499, as presented or as amended by the Commission. OR 2. Recommend denial of DRAFT Ordinance 499. OR 3. Table the request, pending additional information and revisions from staff. STAFF RECOMMENDATION Staff recommends the Planning Commission discuss the proposed code amendment. If acceptable to the Commission, action can be taken at this month's meeting. Staff would propose to bring back any substantial revisions for review and further discussion at a future meeting prior to making a recommendation to the City Council. MATERIALS INCLUDED FOR REVIEW 1. DRAFT Ordinance 499 2. League of Minnesota Cities Memo 3. Chapter 111 — 2016 Minnesota Session Laws 4. Star Tribune article — 07/05/16 5. Planning application, including supporting materials page 242 Temporary Family Health Care Dwellings of 2016 Allowing Temporary Structures — What it means for Cities Introduction: On May 12, 2016, Governor Dayton signed, into law, a bill creating a new process for landowners to place mobile residential dwellings on their property to serve as a temporary family health care dwelling.1 Community desire to provide transitional housing for those with mental or physical impairments and the increased need for short term care for aging family members served as the catalysts behind the legislature taking on this initiative. The resulting legislation sets forth a short term care alternative for a "mentally or physically impaired person", by allowing them to stay in a "temporary dwelling" on a relative's or caregiver's property.2 Where can I read the new law? Until the state statutes are revised to include bills passed this session, cities can find this new bill at 2016 Laws, Chapter 111. Does the law require cities to follow and implement the new temporary family health care dwelling law? Yes, unless a city opts out of the new law or currently allows temporary family health care dwellings as a permitted use. Considerations for cities regarding the opt -out? These new temporary dwellings address an emerging community need to provide more convenient temporary care. Cities may want to consider the below when analyzing whether or not to opt out: • The new law alters a city's level of zoning authority for these types of structures. • While the city's zoning ordinances for accessories or recreational vehicles do not apply, these structures still must comply with setback requirements. • A city's zoning and other ordinances, other than its accessory use or recreational vehicle ordinances, still apply to these structures. Because conflicts may arise between the statute and a city's local ordinances, cities should confer with their city attorneys to analyze their current ordinances in light of the new law. • Although not necessarily a legal issue for the city, it seems worth mentioning that the permit process does not have the individual with the physical or mental impairment or that 1 2016 Laws, Chapter 111. 2 Some cities asked if other states have adopted this type of law. The only states that have a somewhat similar statute at the time of publication of this FAQ are North Carolina and Virginia. It is worth noting that some states have adopted Accessory Dwelling Unit (ADU) statutes to allow granny flats, however, these ADU statutes differ from Minnesota's Temporary Health Care Dwelling law. page 243 individual's power of attorney sign the permit application or a consent to release his or her data. • The application's data requirements may result in the city possessing and maintaining nonpublic data governed by the Minnesota Government Data Practices Act. • The new law sets forth a permitting system for both cities and counties3. Cities should consider whether there is an interplay between these two statutes. Do cities need to do anything to have the new law apply in their city? No, the law goes into effect September 1, 2016 and automatically applies to all cities that do not opt out or don't already allow temporary family health care dwellings as a permitted use under their local ordinances. By September 1, 2016, however, cities will need to be prepared to accept applications, must have determined a permit fee amount4 (if the city wants to have an amount different than the law's default amount), and must be ready to process the permits in accordance with the short timeline required by the law. What if a city already allows a temporary family health care dwelling as a permitted use? If the city already has designated temporary family health care dwellings as a permitted use, then the law does not apply and the city follows its own ordinance. The city should consult its city attorney for any uncertainty about whether structures currently permitted under existing ordinances qualify as temporary family health care dwellings. What process should the city follow if it chooses to opt out of this statute? Cities that wish to opt out of this law must pass an ordinance to do so. The statute does not provide clear guidance on how to treat this opt -out ordinance However, since the new law adds section 462.3593 to the land use planning act (Minn. Stat. ch. 462), arguably, it may represent the adoption or an amendment of a zoning ordinance, triggering the requirements of Minn. Stat. § 462.357, subd. 2-4, including a public hearing with 10 -day published notice. Therefore, cities may want to err on the side of caution and treat the opt -out ordinance as a zoning provision.5 Does the League have a model ordinance for opting out of this program? Yes. Link to opt out ordinance here: Temporary Family Health Care Dwellings Ordinance Can cities partially opt out of the temporary family health care dwelling law? 3 See Minn. Stat. §394.307 4 Cities do have flexibility as to amounts of the permit fee. The law sets, as a default, a fee of $100 for the initial permit with a $50 renewal fee, but authorizes a city to provide otherwise by ordinance. 5 For smaller communities without zoning at all, those cities still need to adopt an opt -out ordinance. In those instances, it seems less likely that the opt -out ordinance would equate to zoning. Because of the ambiguity of the statute, cities should consult their city attorneys on how best to approach adoption of the opt -out ordinance for their communities. page 244 Not likely. The opt -out language of the statute allows a city, by ordinance, to opt out of the requirements of the law but makes no reference to opting out of parts of the law. If a city wanted a program different from the one specified in statute, the most conservative approach would be to opt out of the statute, then adopt an ordinance structured in the manner best suited to the city. Since the law does not explicitly provide for a partial opt out, cites wanting to just partially opt out from the statute should consult their city attorney. Can a city adopt pieces of this program or change the requirements listed in the statute? Similar to the answer about partially opting out, the law does not specifically authorize a city to alter the statutory requirements or adopt only just pieces of the statute. Several cities have asked if they could add additional criteria, like regulating placement on driveways, specific lot size limits, or anchoring requirements. As mentioned above, if a city wants a program different from the one specified in the statute, the most conservative approach would involve opting out of the statute in its entirety and then adopting an ordinance structured in the manner best suited to the city. Again, a city should consult its city attorney when considering adopting an altered version of the state law. What is required in an application for a temporary family health care dwelling permit? The mandatory application requests very specific information including, but not limited to:6 • Name, address, and telephone number of the property owner, the resident of the property (if different than the owner), and the primary care giver; • Name of the mentally or physically impaired person; • Proof of care from a provider network, including respite care, primary care or remote monitoring; • Written certification signed by a Minnesota licensed physician, physician assistant or advanced practice registered nurse that the individual with the mental or physical impairment needs assistance performing two or more "instrumental activities of daily life;"7 • An executed contract for septic sewer management or other proof of adequate septic sewer management; • An affidavit that the applicant provided notice to adjacent property owners and residents; • A general site map showing the location of the temporary dwelling and the other structures on the lot; and • Compliance with setbacks and maximum floor area requirements of primary structure. 6 New Minn. Stat. § 462.3593, subd. 3 sets forth all the application criteria. 7 This is a term defined in law at Minn. Stat. § 256B.0659, subd. 1(i) as "activities to include meal planning and preparation; basic assistance with paying bills; shopping for food, clothing, and other essential items; performing household tasks integral to the personal care assistance services; communication by telephone and other media; and traveling, including to medical appointments and to participate in the community." page 245 The law requires all of the following to sign the application: the primary caregiver, the owner of the property (on which the temporary dwelling will be located) and the resident of the property (if not the same as the property owner). However, neither the physically disabled or mentally impaired individual nor his or her power of attorney signs the application. Who can host a temporary family health care dwelling? Placement of a temporary family health care dwelling can only be on the property where a "caregiver" or "relative" resides. The statute defines caregiver as "an individual, 18 years of age or older, who: (1) provides care for a mentally or physically impaired person; and (2) is a relative, legal guardian, or health care agent of the mentally or physically impaired person for whom the individual is caring." The definition of "relative" includes "a spouse, parent, grandparent, child, grandchild, sibling, uncle, aunt, nephew or niece of the mentally or physically impaired person. Relative also includes half, step and in-law relationships." Is this program just for the elderly? No. The legislature did not include an age requirement for the mentally or physically impaired dweller. 8 Who can live in a temporary family health care dwelling and for how long? The permit for a temporary health care dwelling must name the person eligible to reside in the unit. The law requires the person residing in the dwelling to qualify as "mentally or physically impaired," defined as "a person who is a resident of this state and who requires assistance with two or more instrumental activities of daily living as certified by a physician, a physician assistant, or an advanced practice registered nurse, licenses to practice in this state." The law specifically limits the time frame for these temporary dwellings permits to 6 months, with a one-time 6 month renewal option. Further, there can be only one dwelling per lot and only one dweller who resides within the temporary dwelling What structures qualify as temporary family health care dwellings under the new law? The specific structural requirements set forth in the law preclude using pop up campers on the driveway or the "granny flat" with its own foundation as a temporary structure. Qualifying temporary structures must: • Primarily be pre -assembled; • Cannot exceed 300 gross square feet; • Cannot attach to a permanent foundation; • Must be universally designed and meet state accessibility standards; 8 The law expressly exempts a temporary family health care dwelling from being considered "housing with services establishment", which, in turn, results in the 55 or older age restriction set forth for "housing with services establishment" not applying. page 246 • Must provide access to water and electrical utilities (by connecting to principal dwelling or by other comparable means9); • Must have compatible standard residential construction exterior materials; • Must have minimum insulation of R-15; • Must be portable (as defined by statute); • Must comply with Minnesota Rules chapter 1360 (prefabricated buildings) or 1361 (industrialized/modular buildings), "and contain an Industrialized Buildings Commission seal and data plate or to American National Standards Institute Code 119.2"10; and • Must contain a backflow check valve.11 Does the State Building Code apply to the construction of a temporary family health care dwelling? Mostly, no. These structures must meet accessibility standards (which are in the State Building Code). The primary types of dwellings proposed fall within the classification of recreational vehicles, to which the State Building Code does not apply. Two other options exist, however, for these types of dwellings. If these structures represent a pre -fabricated home, the federal building code requirements for manufactured homes apply (as stated in Minnesota Rules, Chapter 1360). If these structures are modular homes, on the other hand, they must be constructed consistent with the State Building Code (as stated in Minnesota Rules, Chapter 1361). What health, safety and welfare requirements does this new law include? Aside from the construction requirements of the unit, the temporary family health care dwelling must be located in an area on the property where "septic services and emergency vehicles can gain access to the temporary family health care dwelling in a safe and timely manner." What local ordinances and zoning apply to a temporary health care dwelling? The new law states that ordinances related to accessory uses and recreational vehicle storage and parking do not apply to these temporary family health care dwellings. However, unless otherwise provided, setbacks and other local ordinances, charter provisions, and applicable state laws still apply. Because conflicts may arise between the statute and one or more of the city's other local ordinances, cities should confer with their city attorneys to analyze their current ordinances in light of the new law. What permit process should cities follow for these permits? The law creates a new type of expedited permit process. The permit approval process found in Minn. Stat. § 15.99 generally applies; however, the new law shortens the time frame for which the local governmental unit has to make a decision on granting the permit. Due to the time sensitive 9 The Legislature did not provide guidance on what represents "other comparable means". 10 ANSI Code 119.2 has been superseded by NFPA 1192. For more information, the American National Standards Institute website is located at https://www.ansi.org/. 11 New Minn. Stat. § 462.3593, subd. 2 sets forth all the structure criteria. page 247 nature of issuing a temporary dwelling permit, the city has only 15 days (rather than 60 days) (no extension is allowed) to either issue or deny a permit. The new law waives the public hearing requirement and allows the clock to restart if a city deems an application incomplete. If a city deems an application incomplete, the city must provide the applicant written notice, within five business days of receipt of the application, telling the requester what information is missing. For those councils that regularly meet only once a month, the law provides for a 30 -day decision. Can cities collect fees for these permits? Cities have flexibility as to amounts of the permit fee. The law sets the fee at $100 for the initial permit with a $50 renewal fee, unless a city provides otherwise by ordinance Can cities inspect, enforce and ultimately revoke these permits? Yes, but only if the permit holder violates the requirements of the law. The statute allows for the city to require the permit holder to provide evidence of compliance and also authorizes the city to inspect the temporary dwelling at times convenient to the caregiver to determine compliance. The permit holder then has sixty (60) days from the date of revocation to remove the temporary family health care dwelling. The law does not address appeals of a revocation. How should cities handle data it acquires from these permits? The application data may result in the city possessing and maintaining nonpublic data governed by the Minnesota Government Data Practices Act. To minimize collection of protected heath data or other nonpublic data, the city could, for example, request that the required certification of need simply state "that the person who will reside in the temporary family health care dwelling needs assistance with two or more instrumental activities of daily living", without including in that certification data or information about the specific reasons for the assistance, the types of assistance, the medical conditions or the treatment plans of the person with the mental illness or physical disability. Because of the complexities surrounding nonpublic data, cities should consult their city attorneys when drafting a permit application. Should the city consult its city attorney? Yes. As with any new law, to determine the potential impact on cities, the League recommends consulting with your city attorney. Where can cities get additional information or ask other questions. For more information, contact Staff Attorney Pamela Whitmore at pwhitmore(aflmc.org or LMC General Counsel Tom Grundhoefer at tgrundho@lmc.org. If you prefer calling, you can reach Pamela at 651.281.1224 or Tom at 651.281.1266. Chapter 111 - Minnesota Session Laws Page 1 of 6 page 248 2016 Minnesota Session Laws Key: (1) eniauagc to be dcictcd (2) new language CHAPTER 111--S.F.No. 2555 An act relating to local government; regulating zoning of temporary family health care dwellings; establishing temporary dwelling permits; amending Minnesota Statutes 2014, section 144D.01, subdivision 4; proposing coding for new law in Minnesota Statutes, chapters 394; 462. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 2014, section 144D.01, subdivision 4, is amended to read: Subd. 4. Housing with services establishment or establishment. (a) "Housing with services establishment" or "establishment" means: (1) an establishment providing sleeping accommodations to one or more adult residents, at least 80 percent of which are 55 years of age or older, and offering or providing, for a fee, one or more regularly scheduled health-related services or two or more regularly scheduled supportive services, whether offered or provided directly by the establishment or by another entity arranged for by the establishment; or (2) an establishment that registers under section 144D.025. (b) Housing with services establishment does not include: (1) a nursing home licensed under chapter 144A; (2) a hospital, certified boarding care home, or supervised living facility licensed under sections 144.50 to 144.56; (3) a board and lodging establishment licensed under chapter 157 and Minnesota Rules, parts 9520.0500 to 9520.0670, 9525.0215 to 9525.0355, 9525.0500 to 9525.0660, or 9530.4100 to 9530.4450, or under chapter 245D; (4) a board and lodging establishment which serves as a shelter for battered women or other similar purpose; (5) a family adult foster care home licensed by the Department of Human Services; (6) private homes in which the residents are related by kinship, law, or affinity with the providers of services; (7) residential settings for persons with developmental disabilities in which the services are licensed under Minnesota Rules, parts 9525.2100 to 9525.2140, or applicable successor rules or laws; (8) a home -sharing arrangement such as when an elderly or disabled person or single -parent family makes lodging in a private residence available to another person in exchange for services or rent, or both; (9) a duly organized condominium, cooperative, common interest community, or owners' association of the foregoing where at least 80 percent of the units that comprise the condominium, cooperative, or common interest community are occupied by individuals who are the owners, members, or shareholders of the units; er https://www.revisor.mn.gov/laws/?year=2016&type=0&doctype=Chapter&id=111 7/13/2016 Chapter 111 - Minnesota Session Laws Page 2 of 6 page 249 (10) services for persons with developmental disabilities that are provided under a license according to Minnesota Rules, parts 9525.2000 to 9525.2140 in effect until January 1, 1998, or under chapter 245D; or (11) a temporary family health care dwelling as defined in sections 394.307 and 462.3593. Sec. 2. 1394.3071 TEMPORARY FAMILY HEALTH CARE DWELLINGS. Subdivision 1. Definitions. (a) For purposes of this section, the following terms have the meanings given. (b) "Caregiver" means an individual 18 years of age or older who: (1) provides care for a mentally or physically impaired person; and (2) is a relative, legal guardian, or health care agent of the mentally or physically impaired person for whom the individual is caring. (c) "Instrumental activities of daily living" has the meaning given in section 256B.0659, subdivision 1, paragraph (i). (d) "Mentally or physically impaired person" means a person who is a resident of this state and who requires assistance with two or more instrumental activities of daily living as certified in writing by a physician, a physician assistant, or an advanced practice registered nurse licensed to practice in this state. (e) "Relative" means a spouse, parent, grandparent, child, grandchild, sibling, uncle, aunt, nephew, or niece of the mentally or physically impaired person. Relative includes half, step, and in-law relationships. (f) "Temporary family health care dwelling" means a mobile residential dwelling providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person that meets the requirements of subdivision 2. Subd. 2. Temporary family health care dwelling. A temporary family health care dwelling must: (1) be primarily assembled at a location other than its site of installation; (2) be no more than 300 gross square feet; (3) not be attached to a permanent foundation; (4) be universally designed and meet state -recognized accessibility standards; (5) provide access to water and electric utilities either by connecting to the utilities that are serving the principal dwelling on the lot or by other comparable means; (6) have exterior materials that are compatible in composition, appearance, and durability to the exterior materials used in standard residential construction; (7) have a minimum insulation rating of R-15; (8) be able to be installed, removed, and transported by a one -ton pickup truck as defined in section 168.002, subdivision 21b, a truck as defined in section 168.002, subdivision 37, or a truck tractor as defined in section 168.002, subdivision 38; (9) be built to either Minnesota Rules, chapter 1360 or 1361, and contain an Industrialized Buildings Commission seal and data plate or to American National Standards Institute Code 119.2; and (10) be equipped with a backflow check valve. Subd. 3. Temporary dwelling permit; application. (a) Unless the county has designated temporary family health care dwellings as permitted uses, a temporary family https://www.revisor.mn.gov/laws/?year=2016&type=0&doctype=Chapter&id=111 7/13/2016 Chapter 111 - Minnesota Session Laws Page 3 of 6 page 250 health care dwelling is subject to the provisions in this section. A temporary family health care dwelling that meets the requirements of this section cannot be prohibited by a local ordinance that regulates accessory uses or recreational vehicle parking or storage. (b) The caregiver or relative must apply for a temporary dwelling permit from the county. The permit application must be signed by the primary caregiver, the owner of the property on which the temporary family health care dwelling will be located, and the resident of the property if the property owner does not reside on the property, and include: (1) the name, address, and telephone number of the property owner, the resident of the property if different from the owner, and the primary caregiver responsible for the care of the mentally or physically impaired person; and the name of the mentally or physically impaired person who will live in the temporary family health care dwelling; (2) proof of the provider network from which the mentally or physically impaired person may receive respite care, primary care, or remote patient monitoring services; (3) a written certification that the mentally or physically impaired person requires assistance with two or more instrumental activities of daily living signed by a physician, a physician assistant, or an advanced practice registered nurse licensed to practice in this state; (4) an executed contract for septic service management or other proof of adequate septic service management; (5) an affidavit that the applicant has provided notice to adjacent property owners and residents of the application for the temporary dwelling permit; and (6) a general site map to show the location of the temporary family health care dwelling and other structures on the lot. (c) The temporary family health care dwelling must be located on property where the caregiver or relative resides. A temporary family health care dwelling must comply with all setback requirements that apply to the primary structure and with any maximum floor area ratio limitations that may apply to the primary structure. The temporary family health care dwelling must be located on the lot so that septic services and emergency vehicles can gain access to the temporary family health care dwelling in a safe and timely manner (d) A temporary family health care dwelling is limited to one occupant who is a mentally or physically impaired person. The person must be identified in the application. Only one temporary family health care dwelling is allowed on a lot. (e) Unless otherwise provided, a temporary family health care dwelling installed under this section must comply with all applicable state law and local ordinances. Subd. 4. Initial permit term; renewal. The initial temporary dwelling permit is valid for six months. The applicant may renew the permit once for an additional six months. Subd. 5. Inspection. The county may require that the permit holder provide evidence of compliance with this section as long as the temporary family health care dwelling remains on the property. The county may inspect the temporary family health care dwelling at reasonable times convenient to the caregiver to determine if the temporary family health care dwelling is occupied and meets the requirements of this section. Subd. 6. Revocation of permit. The county may revoke the temporary dwelling permit if the permit holder violates any requirement of this section. If the county revokes a permit, the permit holder has 60 days from the date of revocation to remove the temporary family health care dwelling. https://www.revisor.mn.gov/laws/?year=2016&type=0&doctype=Chapter&id=111 7/13/2016 Chapter 111 - Minnesota Session Laws Page 4 of 6 page 251 Subd. 7. Fee. Unless otherwise specified by an action of the county board, the county may charge a fee of up to $100 for the initial permit and up to $50 for a renewal of the permit. Subd. 8. No public hearing required; application of section 15.99. (a) Due to the time -sensitive nature of issuing a temporary dwelling permit for a temporary family health care dwelling, the county does not have to hold a public hearing on the application. (b) The procedures governing the time limit for deciding an application for the temporary dwelling permit under this section are governed by section 15.99, except as provided in this section. The county has 15 days to issue a permit requested under this section or to deny it, except that if the county board holds regular meetings only once per calendar month the county has 30 days to issue a permit requested under this section or to deny it. If the county receives a written request that does not contain all required information, the applicable 15 -day or 30 -day limit starts over only if the county sends written notice within five business days of receipt of the request telling the requester what information is missing. The county cannot extend the period of time to decide. Subd. 9. Opt -out. A county may by resolution opt -out of the requirements of this section. Sec. 3. 1462.35931 TEMPORARY FAMILY HEALTH CARE DWELLINGS. Subdivision 1. Definitions. (a) For purposes of this section, the following terms have the meanings given. (b) "Caregiver" means an individual 18 years of age or older who: (1) provides care for a mentally or physically impaired person; and (2) is a relative, legal guardian, or health care agent of the mentally or physically impaired person for whom the individual is caring. (c) "Instrumental activities of daily living" has the meaning given in section 256B.0659, subdivision 1, paragraph (i). (d) "Mentally or physically impaired person" means a person who is a resident of this state and who requires assistance with two or more instrumental activities of daily living as certified in writing by a physician, a physician assistant, or an advanced practice registered nurse licensed to practice in this state. (e) "Relative" means a spouse, parent, grandparent, child, grandchild, sibling, uncle, aunt, nephew, or niece of the mentally or physically impaired person. Relative includes half, step, and in-law relationships. (f) "Temporary family health care dwelling" means a mobile residential dwelling providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person that meets the requirements of subdivision 2. Subd. 2. Temporary family health care dwelling. A temporary family health care dwelling must: (1) be primarily assembled at a location other than its site of installation; (2) be no more than 300 gross square feet; (3) not be attached to a permanent foundation; (4) be universally designed and meet state -recognized accessibility standards; (5) provide access to water and electric utilities either by connecting to the utilities that are serving the principal dwelling on the lot or by other comparable means; https://www.revisor.mn.gov/laws/?year=2016&type=0&doctype=Chapter&id=111 7/13/2016 Chapter 111 - Minnesota Session Laws Page 5 of 6 page 252 (6) have exterior materials that are compatible in composition, appearance, and durability to the exterior materials used in standard residential construction; (7) have a minimum insulation rating of R-15; (8) be able to be installed, removed, and transported by a one -ton pickup truck as defined in section 168.002, subdivision 21b, a truck as defined in section 168.002, subdivision 37, or a truck tractor as defined in section 168.002, subdivision 38; (9) be built to either Minnesota Rules, chapter 1360 or 1361, and contain an Industrialized Buildings Commission seal and data plate or to American National Standards Institute Code 119.2; and (10) be equipped with a backflow check valve. Subd. 3. Temporary dwelling permit; application. (a) Unless the municipality has designated temporary family health care dwellings as permitted uses, a temporary family health care dwelling is subject to the provisions in this section. A temporary family health care dwelling that meets the requirements of this section cannot be prohibited by a local ordinance that regulates accessory uses or recreational vehicle parking or storage. (b) The caregiver or relative must apply for a temporary dwelling permit from the municipality. The permit application must be signed by the primary caregiver, the owner of the property on which the temporary family health care dwelling will be located, and the resident of the property if the property owner does not reside on the property, and include: (1) the name, address, and telephone number of the property owner, the resident of the property if different from the owner, and the primary caregiver responsible for the care of the mentally or physically impaired person; and the name of the mentally or physically impaired person who will live in the temporary family health care dwelling; (2) proof of the provider network from which the mentally or physically impaired person may receive respite care, primary care, or remote patient monitoring services: (3) a written certification that the mentally or physically impaired person requires assistance with two or more instrumental activities of daily living signed by a physician, a physician assistant, or an advanced practice registered nurse licensed to practice in this state; (4) an executed contract for septic service management or other proof of adequate septic service management; (5) an affidavit that the applicant has provided notice to adjacent property owners and residents of the application for the temporary dwelling permit; and (6) a general site map to show the location of the temporary family health care dwelling and other structures on the lot. (c) The temporary family health care dwelling must be located on property where the caregiver or relative resides. A temporary family health care dwelling must comply with all setback requirements that apply to the primary structure and with any maximum floor area ratio limitations that may apply to the primary structure. The temporary family health care dwelling must be located on the lot so that septic services and emergency vehicles can gain access to the temporary family health care dwelling in a safe and timely manner (d) A temporary family health care dwelling is limited to one occupant who is a mentally or physically impaired person. The person must be identified in the application. Only one temporary family health care dwelling is allowed on a lot. https://www.revisor.mn.gov/laws/?year=2016&type=0&doctype=Chapter&id=111 7/13/2016 Chapter 111 - Minnesota Session Laws Page 6 of 6 page 253 (e) Unless otherwise provided, a temporary family health care dwelling installed under this section must comply with all applicable state law, local ordinances, and charter provisions. Subd. 4. Initial permit term; renewal. The initial temporary dwelling permit is valid for six months. The applicant may renew the permit once for an additional six months. Subd. 5. Inspection. The municipality may require that the permit holder provide evidence of compliance with this section as long as the temporary family health care dwelling remains on the property. The municipality may inspect the temporary family health care dwelling at reasonable times convenient to the caregiver to determine if the temporary family health care dwelling is occupied and meets the requirements of this section. Subd. 6. Revocation of permit. The municipality may revoke the temporary dwelling permit if the permit holder violates any requirement of this section. If the municipality revokes a permit, the permit holder has 60 days from the date of revocation to remove the temporary family health care dwelling. Subd. 7. Fee. Unless otherwise provided by ordinance, the municipality may charge a fee of up to $100 for the initial permit and up to $50 for a renewal of the permit. Subd. 8. No public hearing required; application of section 15.99. (a) Due to the time -sensitive nature of issuing a temporary dwelling permit for a temporary family health care dwelling, the municipality does not have to hold a public hearing on the application. (b) The procedures governing the time limit for deciding an application for the temporary dwelling permit under this section are governed by section 15.99, except as provided in this section. The municipality has 15 days to issue a permit requested under this section or to deny it, except that if the statutory or home rule charter city holds regular meetings only once per calendar month the statutory or home rule charter city has 30 days to issue a permit requested under this section or to deny it. If the municipality receives a written request that does not contain all required information, the applicable 15 -day or 30 - day limit starts over only if the municipality sends written notice within five business days of receipt of the request telling the requester what information is missing. The municipality cannot extend the period of time to decide. Subd. 9. Opt -out. A municipality may by ordinance opt -out of the requirements of this section. Sec. 4. EFFECTIVE DATE. This act is effective September 1, 2016, and applies to temporary dwelling permit applications made under this act on or after that date. Presented to the governor May 12, 2016 Signed by the governor May 12, 2016, 1:27 p.m. Copyright © 2016 by the Revisor of Statutes, State of Minnesota. All rights reserved. https://www.revisor.mn.gov/laws/?year=2016&type=0&doctype=Chapter&id=111 7/13/2016 Twin Cities suburbs opt to go their own way on tiny 'drop homes' - StarTribune.com Page 1 of 2 LOCAL Suburbs opt to go their own way on state's 'drop home' law Facing a new state requirement to allow tiny trailers on residential lots, many cities are saying no. By Erin Adler (http://www.startribune.com/erin-adler/195633361/) and Emma Nelson (http://www.startribune.com/emma-nelson/261800211/) Star Tribune staff writers JULY 5, 2016 — 8:41AM Metro suburbs are bypassing a new state law that would require them to allow tiny, portable houses on residential properties, saying the state mandate doesn't work for them. The statute is intended to provide access to temporary "drop homes" for people — mostly older adults — with health care needs that require them to be close to a caregiver. But worries about resident complaints, conflicts with local zoning ordinances and timing concerns have spurred cities to opt out of the law. Some say they already have the resources they need to meet the needs of aging residents, while others want to pass their own laws allowing temporary structures tailored to their city. The League of Minnesota Cities fought for an opt -out provision in the statute so local governments could still have control over their own zoning. Bill sponsor Rep. Roz Peterson, R -Lakeville, struggled to find a place for her elderly father to live when he got sick two years ago. It's disappointing that cities are opting out, she said, but she acknowledged that the law isn't one -size -fits -all. It's always difficult to accept change and innovation," Peterson said. "This won't solve everybody's problem — this is one tool in the toolbox, so to speak." Drop homes, sometimes called granny pods, are trailers under 300 square feet that are billed as an affordable and temporary alternative to sending sick, injured or elderly family members to a nursing home. The new law was based on similar, but less restrictive, laws in North Carolina and Virginia. In Minnesota, the law allows homeowners to have a drop home on their property for six months by paying for a $100 permit, unless their city has a specific ordinance against the homes. The Burnsville City Council voted unanimously on June 21 to opt out. Drop homes don't meet city codes, said Mayor Elizabeth Kautz, and the city already has temporary housing options. Those options include spare bedrooms, apartments, assisted living facilities, short-term health care facilities, hotels and group homes, according to a meeting agenda report. "It's not that we don't have it," Kautz said. "We want control of what happens here in Burnsville." Some cities want to allow accessory dwelling units but are choosing to do so on their own terms. The Crystal City Council will likely vote to opt out at its next meeting, said Council Member Jeff Kolb. The decision stems largely from the nature of residential properties in Crystal, many of which may be too small to qualify for drop homes under the statute, he said. The City Council will try to pass an ordinance in the future that allows for accessory units that are better tailored to the city, Kolb said. "There was a concern that it would be perceived that by opting out, we were saying we don't want this kind of thing around here, that it was kind of a cold-hearted decision," he said. `The reality is it's not that at all." In Lakeville, the City Council agreed to opt out last week but also sent the issue to city staff for further review. page 254 (http://stmedia.startribune.com/images/1467684122_08+678634+02 ELIZABETH FLORES, STAR TRIBUNE John Louiselle, left, and Jesse Lammi are a pair of young New Brighton entrepreneurs that have started NextDoor Housing, a company http://www. startribune.com/suburbs-opt-to-go-their-own-way-on-state-s-drop-home-law/3 8... 7/8/2016 Twin Cities suburbs opt to go their own way on tiny 'drop homes' - StarTribune.com Page 2 of 2 page 255 There were multiple concerns, said Mayor Matt Little, induding aesthetics, property values and the difficulty city staff would face in having to make judgments about residents' illnesses. "Every single city in this country is going to need to figure out a way to start taking care of our seniors," Little said. "There's just a lot of issues we need to ... make fair and clear." Meanwhile, city staff in Woodbury are recommending that city officials vote to opt out in order to have more time to figure out what local needs are, said Jason Egerstrom, Woodbury's spokesman. Under the statute, cities have until Sept. 1 to opt out. John Louiselle, co-owner of NextDoor Housing, a New Brighton -based drop home company that helped craft the law, said he doesn't mind if cities choose a different direction. "What's worrisome to us is when we see cities opting out and offering no alternative solution," he said. Peterson said she would like to see cities try out the statute and see how it works. The biggest challenge, she said, is that people aren't familiar with the drop home idea. "This is new — nobody's really done this before," she said. "Let's have a conversation with the community before we just choose to abandon the idea." Erin Adler • 612-673-1781 Erin.Adler@startribune.com 612-673-1781 emma.nelson@startribune.com 612-673-4509 emmamarienelson http://www. startribune.com/suburbs-opt-to-go-their-own-way-on-state-s-drop-home-law/3 8... 7/8/2016 CITY OF MENDOTA HEIGHTS page 256 1101 Victoria Curve Mendota Heights, MN 55118 551.452.1850 phone 551.452,8940 tax tiwww.Irendoia-heights_c rn PLANNING APPLICATION Office Use Only: Case #: 2 l 6 -- Application Date: 6 1 2'1 / 1 ` Staff Initials: Applicable Ordinance #: ,( - / P Section: 3 - E Existing Zoning: k /4- Proposed Zoning: /--/i41- Existing Use: ,tel 4- Proposed Use: i-'/ 4 - Fee Paid: P/ Property Address/Street Location: N/A Applicant Name: City of Mendota Heights Phone: 651-452-1850 Applicant E -Mail Address: nolanw@mendota-heights.com Applicant Mailing Address: 1101 Victoria Curve, Mendota Heights, MN 55118 Property Owner Name: N/A Property Owner Mailing Address: N/A Phone: N/A Legal Description & PIN of Property: (Complete Legal from Title or Deed must be provided) N/A Type of Request: ❑ Rezoning ❑ Variance ❑ Lot Split/Adjustment 0 Code Amendment ❑ Conditional Use Permit ❑ Wetlands Permit ❑ Critical Area Permit ❑ Appeal ❑ Interim Use Permit ❑ Preliminary/Final Plat Approval ❑ Comprehensive Plan Amendment ❑ Other I hereby declare that all statements made in this re• est and on the additional material are true. I further authorize City Officials and agents to ins • dt throperty during daylight hours. 727/ Signa ure o Applicant Date Signature of Owner Date Signature of Owner (if more than one) Date Planning Application (modified 6/1/2016) Page 1 of 1 Affidavit of Publication State of Minnesota SS County of Dakota JANINE GAFFNEY page 257 , being duly sworn, on oath, says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as SOUTH-WEST REVIEW stated below: , and has full knowledge of the facts which are (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed NOTICE OF HEARING which is attached was cut from the columns of said newspaper, and was printed and published once each week, for 1 successive weeks; it was first published on SUNDAY , the 10TH day of JULY , 2016 , and was thereafter printed and published on every to and including , the day of , 20 ; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: *ABCDEFGHIJKLMNOPQRSTUVWXYZ *ABCDEFGHIJKLMNOPQRSTUVWXYZ *abcdefghijklmnopgrstuvwxyz Subscribed and sworn to before me on TH this 11 day of JULY mAz u� Notary Public BY:INV "�`� -►` TITLE EfoAL COORDINATOR *Alphabet should be in the same size and kind of type as the notice. .ne tivii"A ww it TONYA R. Wh TLHEAD I RATE INFORMATION Protan; Public -Minnesota My Commismion Expir+ s Jan 31, 2020 ^ ;,v,,•..., ,,-,,qy (1) Lowest classified rate paid by commercial users for comparable space $25.00 per col. inch (2) Maximum rate allowed by law for the above matter $25.00 per col. inch (3) Rate actually charged for the above matter $ per col. inch 1/16 page 258 CITY OF MENDOTA HEIGHTS' NOTICE OF HEARING A PUBLIC HEARING ON A REQUEST FOR CITY CODE AMENDMENTS TO WHOM IT MAY CONCERN: NOTICE is hereby given that the Planning Commission of Mendota Heights will meet at 7:00 RM., or as soon as possible thereafter, on Tuesday, July 26, 2016 in the City', Hall Council Chambers, 1101 Victoria Curve, Mendota Heights, Minnesota, to consider an application from the City of Mendota Heights to amend the City Code concerning temporary health care dwelling units. This request has been assigned Planning Case number 2016-25, This notice is pursuant to Title 12 (Zoning) of the Mendota Heights City Code. Such persons as desire to be heard with reference to this request will be heard at this meeting. Lorri Smith City Clerk (South-West Review: July 10, 2016) CITY OF MENDOTA HEIGHTS 1101 Victoria Curve 1 N1enc1'otaReight�MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com Request for City Council Action MEETING DATE: August 2, 2016 TO: Mayor and City Council, City Administrator FROM: Nolan Wall, AICP — Planner SUBJECT: Ordinance 501 Concerning Hotel Definition and First Floor Elevation Standards COMMENT: Introduction The City is considering an amendment to Titles 12-1B-2 and 12 -1E -1-A-5 of the City Code concerning the hotel definition and first floor elevation standards for new dwellings. Background The proposed code amendments are contained in one ordinance in order to address issues discovered in reviewing recent development proposals. The proposed amendments seek to clean-up existing language to clarify the intent of the proposed regulations. The existing hotel definition has been amended twice since 2008 and it unclear whether or not the intent was to prohibit extended -stay hotels. There is interest in developing an extended -stay hotel on a vacant property in the Industrial District, which is why staff is seeking further clarification on this issue. The City Code prohibits raising the first floor elevation of a new dwelling by more than one foot from the original dwelling, unless certain conditions are met and a conditional use permit is approved. Since adoption of the regulations in 2015, staff has encountered a potential development issue and is proposing an additional qualifying condition for a CUP based on engineering -related issues. The Planning Commission conducted a public hearing at the July 26 meeting; there were no public comments. The Planning Commission recommended further amendments to the hotel definition than originally proposed and staff is supportive of the revisions. Discussion The City is using its legislative authority when considering action on a code amendment request and has broad discretion; the only limitations are that actions must be constitutional, rational, and in some way related to protecting the health, safety and general welfare of the public. Budget Impact N/A Recommendation page 260 The Planning Commission recommended approval of DRAFT Ordinance 501, as described in Planning Case 2016-26. If the City Council desires to implement the recommendation, pass a motion adopting ORDINANCE 501 CONCERNING HOTEL DEFINITION AND FIRST -FLOOR ELEVATION STANDARDS. Action Required This matter requires a simple majority vote. page 261 1 CITY OF MENDOTA HEIGHTS 2 DAKOTA COUNTY, MINNESOTA 3 4 ORDINANCE NO. 501 5 6 AN ORDINANCE AMENDING TITLE 12, CHAPTER 1, ARTICLE B AND ARTICLE E 7 OF THE CITY CODE OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA, 8 DAKOTA COUNTY, CONCERNING HOTEL DEFINITION AND FIRST -FLOOR 9 ELEVATION STANDARDS 10 11 12 The City Council of the City of Mendota Heights, Minnesota, does hereby ordain: 13 14 Section 1. 15 16 Title 12-1B-2 is hereby amended as follows: 17 18 HOTEL: A building containing eight (8) or more guestrooms in which lodging is provided for 19 compensation, with or without meals, and which is open to transient guests, and in which ingress 20 and egress to and from all rooms is made through an inside lobby or inside office supervised by a 21 person in charge. 22 23 Section 2. 24 25 Title 12 -1E -1-A-5 is hereby amended as follows: 26 27 5. First Floor Elevation: 28 a. Tear down and construction of new single-family dwellings and additions, 29 modifications, and alterations to existing dwellings shall not raise the first floor elevation 30 more than one foot (1') above the existing condition. 31 b. In the case of a split level dwelling, the existing first floor elevation is the lowest 32 elevation of an entrance to the dwelling, excluding entrances to the garage and those that 33 do not face the street. 34 c. By conditional use permit, the first floor elevation may be increased by more than one 35 foot (1') from the existing condition in order to meet one or more of the following 36 conditions: 37 (1) Elevate the lowest level of the dwelling to an elevation of two feet (2') above 38 the 100 -year flood elevation, as established by the federal emergency 39 management agency (FEMA). 40 (2) Protect the dwelling from groundwater intrusion. Existing groundwater 41 elevation shall be determined by a professional registered engineer in the state of 42 Minnesota or by a certified hydrologist and provided for review and 43 consideration. 44 (3) Meet state building code, city code or other statutory requirements. 45 (4) Comply with standard engineering practices, including, but not limited to, 46 grading, drainage, access, or utility connection at the discretion of the City 47 Engineer. 48 page 262 49 Section 3. 50 51 This Ordinance shall be in effect from and after the date of its passage and publication. 52 53 Adopted and ordained into an Ordinance this second day of August, 2016. 54 55 CITY COUNCIL 56 CITY OF MENDOTA HEIGHTS 57 58 59 60 Sandra Krebsbach, Mayor 61 ATTEST 62 63 64 65 Lorri Smith, City Clerk page 263 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.rnendota-heights.com DATE: TO: FROM: SUBJECT: CITY OF MENDOTA HEIGHTS APPLICANT: PROPERTY ADDRESS: ZONING/GUIDED: ACTION DEADLINE: Planning Staff Report July 26, 2016 Planning Commission Nolan Wall, AICP — Planner Planning Case 2016-26 Proposed Code Amendment — Hotel Definition and First Floor Elevation Standards City of Mendota Heights N/A N/A N/A DESCRIPTION OF THE REQUEST The City is considering an amendment to Titles 12-1B-2 and 12 -1E -1-A-5 of the City Code concerning the hotel definition and first floor elevation standards for new dwellings. BACKGROUND Staff is proposing one ordinance containing two proposed code amendments to address issues discovered in reviewing recent development proposals. The proposed amendments seek to clean-up existing language to clarify the intent of the proposed regulations. ANALYSIS Hotel Definition Title 12-1B-2 includes the following definition: HOTEL: A building containing eight (8) or more guestrooms in which lodging is provided for compensation, with or without meals, and which is open to transient guests and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge. Staff contends the statement "open to transient guests" is difficult to interpret and enforce. In the absence of a definition of "transient" in the Code, staff is unclear on whether or not the intent was to prohibit extended -stay hotels. The City Council adopted Ordinance 419 in 2008 as part of larger code amendment process for a proposed hotel and retail development at the southeast quadrant of the Pilot Knob Road/Northland Drive intersection. page 264 According to the October 7, 2008 minutes (attached), the City Council discussed whether or not a separate definition for extended -stay hotel was necessary and decided that it would be revisited in the future. The hotel definition was subsequently amended as follows to eliminate the reference to "transient or permanent guests" and cooking provisions: HOTEL: A building containing eight (8) or more guestrooms in which lodging is provided for compensation, with or without meals, and which is open to transient or permanent guests or both, and where no provision is made for cooking in any gucstroom, and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge. The City Council then adopted Ordinance 429 in 2010 as a part of a comprehensive revision to the entire zoning ordinance. The hotel definition was revised from what was approved in Ordinance 419, however only the word "transient" was added back into the definition. Staff researched the available minutes and staff reports and could not find any discussions related to this specific definition revision as part of the ordinance. In addition, no new definition was added for an extended -stay hotel. The original hotel/retail service development approved in 2008 was an extended -stay brand and was never constructed. Recently, staff has been approached by an interested party to develop another extended -stay brand hotel on the same site. In addition, the existing Courtyard and Fairfield Inn and Suites developments may have guests staying more than the typical 2-3 nights at a traditional hotel. For these reasons, staff is proposing the following code amendment, which reinstates the hotel definition approved in Ordinance 419: HOTEL: A building containing eight (8) or more guestrooms in which lodging is provided for compensation, with or without meals, and which is open to transient guests, and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge. As previously noted, "transient" guests are difficult to define and the current hotel definition may be causing existing hotels to be non-compliant and prohibit future development of extended -stay hotels. Therefore, staff is seeking clarification on the intent of the most -recent code amendment regarding the hotel definition in order to determine how it may impact future development proposals. First Floor Elevation According to Title 12 -1E -1-A-5: 5. First Floor Elevation: a. Tear down and construction of new single-family dwellings and additions, modifications, and alterations to existing dwellings shall not raise the first floor elevation more than one foot (1) above the existing condition. b. In the case of a split level dwelling, the existing first floor elevation is the lowest elevation of an entrance to the dwelling, excluding entrances to the garage and those that do not face the street. c. By conditional use permit, the first floor elevation may be increased by more than one foot (19 from the existing condition in order to meet one or more of the following conditions: (1) Elevate the lowest level of the dwelling to an elevation of two feet (2) above the 100 year flood elevation, as established by the federal emergency management agency (FEMA). (2) Protect the dwelling from groundwater intrusion. Existing groundwater elevation shall be determined by a professional registered engineer in the state of Minnesota or by a certified hydrologist and provided for review and consideration. (3) Meet state building code, city code or other statutory requirements. page 265 The City Council adopted the above standards as part of Ordinance 478 to address concerns regarding teardowns and new single-family residential construction impacts. Generally, a new dwelling may not raise the first floor elevation more than one foot above the existing condition. However, the first floor elevation can be increased more than one foot by conditional use permit (CUP) based on meeting certain conditions. Since adoption of the regulations in 2015, staff has encountered a potential issue with the CUP conditions and is proposing the following amendment with an additional qualifying condition: (4) Comply with standard engineering practices, including, but not limited to, grading, drainage, access, or utility connection at the discretion of the City Engineer. In some cases, there may be existing conditions with a developed property that cannot or should not be applied to new construction. The specific situation staff has encountered is an existing driveway and garage floor that are below the roadway, which is not standard engineering practice. Upon demolition and construction of a new dwelling, a reasonable solution is to raise the first floor elevation in order to construct the driveway and garage floor at an appropriate slope for proper drainage. Under the current City Code regulations, that situation would not qualify for a CUP and would require a variance. Rather than consider a variance for a situation that seems reasonable and meets the intent of the regulations, staff proposes to amend the City Code to expand the CUP conditions to include engineering - related issues that require the first floor elevation to be increased more than one foot for a new dwelling. The initial determination that the situation qualifies would be made by the City Engineer, but the Planning Commission and City Council would still review and approve/deny the application request. ALTERNATIVES Following the public hearing and further discussion, the Planning Commission may consider the following actions: 1. Recommend approval of DRAFT Ordinance 501, as presented or as amended by the Commission. OR 2. Recommend denial of DRAFT Ordinance 501. OR 3. Table the request, pending additional information and revisions from staff. STAFF RECOMMENDATION Staff recommends the Planning Commission discuss the proposed code amendment. If acceptable to the Commission, action can be taken at this month's meeting. Staff would propose to bring back any substantial revisions for review and further discussion at a future meeting prior to making a recommendation to the City Council. MATERIALS INCLUDED FOR REVIEW 1. DRAFT Ordinance 501 2. Ordinance 419 3. October 7, 2008 City Council minutes 4. Ordinance 429 5. Planning application, including supporting materials page 266 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 419 AN ORDINANCE AMENDING TITLE 12, CHAPTER 1 OF THE CITY CODE The Gity CouncU of the City of Mendota HeightsMinnesota ordains as foliows: SECTION 1 City Code Title 12 Chapter 1, Zoning Regulations, is hereby amended in the foliowing respects: A. Article B, subpart 1248-2 is hereby amendeto delete the following HOTEL: Abuilding eight (8) or more guest rooms in which lodging is provided for compensation, with or without meals, and which io�en��on�e��n��gue��. and inwhich ingress and egress ho and from all rooms is made through an inside lobby or office supervised by a person in charge. B. Article G, subpart 12-1G-2 is hereby amendeto add the following Retail Sales and Service Complexes, providedthat 1) Site Requirements. The Retail Sales and SeMce Complex must be Iocated adjacent to an Interstate Highway and within 300 feet of an interchange entrance or exit ramp with such highway. The site may be comprised of more than one lot but the lot area for any retail site shall be !imited to one acre or Iess. 2) Mix of Uses. A Retail Sales and Service Complex may include any service uses which are Iisted as permitted or conditional in the "r district as well as retail uses listed as permitted or conditional uses in the B-2 Zoning District. Any retail building must contain a minimum of two tenants. As part of the conditional use permit application, applicants may propose to include a drive-in or fast food restaurant as defined in Section 12-1J-3 provided that no single restaurant exceed 2500 square feet in size. 3) Parking. Sufficient access and parking shall be provided. If the Retail Sales and Service Complex includes more than one lot, cross parking and cross access may be permitted and the required number of parking spaces may be reduced. The size of the parking stalls may be reduced to nine (9) feet in width and eighteen (18) feet in length. Parking areas may be set back 10 feet from a front property line or side property line abutting a Street. 4) Building Requirements. Notwithstanding the height requirements ofthe "Fdistrict, any hotel or motels in the Retail Sales and Service Complex may be a maximum of 4 stories or 50 feet in height. Notwithstanding the floor area ratio requirements of the "I" district, the floor area ratio of the Retail Saies and Service Complex may be a maximum of 60%. 5) Flexibility in Site Setbacks. Building setbacks may be reduced to 35 feet from a front line or side property line. Buliding setbacks may be reduced to 40 feet from a rear property tine. Setback to interior side property lines (not abutting a street) may be reduced to zero. 6) Architectural Controls. Applicants for a conditionause permit must provide provide samptes of exterior finishes which shall be aas part of the conditionause permit process. 7) Landscaping. At least twenty five percent (25%) of the land area shall be landscaped with gras approved ground covershrubbery and trees. All lots within the proposed Retail Sales and Service Complex development may be calculated together to meet the 25% requirement. page 267 8) Signage. Approved signage shall be based on the overall size of the Retail Sales and Service Complex but flexibility may be granted to allow more than one sign on a particular lot that is part of the Retail Sales and Service Complex. Freestanding or pylon signs may be located at least 10 feet from a front property line or side yard abutting a public street and interior side property lines. Pylon signage may be permitted provided that signage included in any Retail Sales and Service Complex located along 1-494 shall be no higher than 915' above mean sea level. 9) Remaining Standards. All other standards of the "1" Industrial District and other applicable zoning standards shall apply. SECTION 2 This Ordinance shall be in full force and effect from and after its publication according to law. Adopted and ordained into an Ordinance this Seventh day of October, 2008. CITY COUNCIL CITY OF M ND TA HTS By ATTEST: K hleen M. Swanson, City Clerk John 4.ayor Ayes: 5 Nays: 0 CASE 08-25, ZONING TEXT AMENDMENT r216,82008 Page 13 Mayor Huber asked Mr. Sedlacek to notify the applicant that this application has been tabled to the next City Council meeting but not beyond. Mayor Huber asked Mr. Sedlacek to check and make sure the council is acting well within the 60 -day period. Mr. Mazzitello said the application was made on August 29, 2008 and the time line will be 60 days from that date. Councilmember Duggan asked if notices go out to applicants via mail notifying the applicant of their case being on the agenda. Mr. Sedlacek said the applicant is always told at the Planning Commission that their application will be on the next City Council agenda with the date and time. Mr. Sedlacek said he also sends out a copy of the staff memo and a reminder of the City Council meeting's date and time. Councilmember Schneeman seconded the motion. Assistant to the City Administrator Jake Sedlacek said originally this concept was brought before council in June with the idea of having a retail center and hotel combination on a lot located on the southeast corner of Pilot Knob Road and Northland Drive, which has been long sought after for a restaurant use. United Properties has been before the council several time expressing that they have not been able to find a suitable restaurant for this site, giving this a 25 -year effort, and now feel it is time to move on to the next concept. Based upon feedback from the tenants in the industrial park, United Properties has come back to the City with this concept plan. The feedback at the June council meeting was positive and United Properties has been working with Staff on bringing the concept into a planning application status which was done and heard at the August 26th Planning Commission Meeting and at the September 2nd City Council meeting. r20,92008 Page 14 Mr. Sedlacek reviewed the application for a 4 -story hotel on the eastern portion of the lot and a small retail service center on the western portion of the lot. Mr. Sedlacek said this plan seems to fit the needs of the area and is desirable to the Council, but there are a few hurdles that need to be cleared up to meet the city codes. The application looks and acts a lot like a PUD, however by doing it in this manner, the City is retaining as much control as possible over the site. A PUD in the City requires a minimum of 5 acres and this site is just under 4 acres. Planner Steve Grittman has proposed, with the assistance of city staff and the city attorney, a conditional use permit with new language as a zoning amendment that will allow a mixed use site with certain conditions applied to it. There were a number of concerns raised at the September 2nd City Council meeting and those are listed in the Staff Report. One of the concerns relates to cooking in the hotel rooms. Staff recommended language which would strike the prohibition on cooking in the hotel definition in the city code. Mr. Grittman is recommending amending the language to provide the common language in the Twin Cities area, by defining a hotel definition as: "A building containing (8) or more guest rooms in which lodging is provided for compensation, with or without meals, and which is open to transient or permanent guests or both, and where no provision is made for cooking in any guestreem, and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge." Mr. Sedlacek said there was some discussion on whether or not a new definition should be made for an "extended stay" hotel, or should the current definition be modified. Mr. Sedlacek said planning and legal staff felt that this was the appropriate way to approach this problem as it gives the city the flexibility as is outlined in this conditional use permit and in any conditional use permit in the industrial zone. Mr. Sedlacek said this application proposes to have cook tops in the rooms. O i2792OO8 Page 15 Councilmember Krebsbach asked why the city would not want to define a "residential hotel". Mr. Sedlacek said planning staff felt that this was more commonly accepted language and this also gives the city control over specific applications that come before the council. Councilmember Krebsbach said she does not see how this gives the City control. Mr. Sedlacek said the City can dictate conditions in the conditional use permit. Councilmember Krebsbach said there still needs to be a definition of an acceptable size of a hotel room to have cooking. Councilmember Krebsbach said she would like to have something defined in the ordinances relating to this. Mr. Sedlacek said the hotels have a good idea of what their layouts are in each individual hotel, and that the City relies on the expertise of the hotel designer, and staff does not feel that the City should be working on the designs. Councilmember Krebsbach said she understands that the hotels have their standards for their industry, but feels that the City should have a definition that is separate from this that defines what a "residential hotel room" is. Councilmember Duggan said he agrees with Councilmember Krebsbach on having a definition of the "extended stay" hotel. Councihmember Duggan said he believes for legal purposes, things should be properly defined in ordinances and believes that the original ordinance that states "no provision is made for cooking at any time in guest rooms" may have been written in this way as there were fire safety concerns. Councilmember Duggan said he had made the suggestion to staff that a new definition be made for an extended stay hotel (which normally associates with cooking facilities and larger space) and leave the original ordinance as is. Councilmember Duggan said he does not have a problem with an ordinance that defines a permitted cooking use in an extended stay hotel, and said that the language needs to be correct going forward. Oct r277 Q008 Page 16 Councilmember Schneeman said she has not been in hotel room for years that does not have a microwave in it for cooking and how staff suggests the language is fine with her. Mr. Sedlacek said if a new essential service was added but keeping the language the same, the current hotels are not in compliance. This affects not only this particular application, but it affects the current conditions. Councilmember Krebsbach asked why the other hotels are not in compliance. Mr. Sedlacek said it is because of their microwaves and coffee pots. Councilmember Duggan said he believes that a microwave in a hotel room is not considered cooking in the same sense a cook top would be. Councilmember Duggan said a provision should be made in the ordinance that allows for cooking in a guest room for an extended stay type hotel. City Attorney John Stern said to get to the point about the proposed striking of the language with respect that no provisions be made for cooking, if something is omitted from the ordinance then it is prohibited. In this situation, when trying to define what type of use is in a hotel, omitting that part does not prevent one from cooking in the room. From a legal perspective, the way it is drafted would be acceptable but it still does not address the point of whether or not there should be a separate defmition for an extended stay or some other separate class of hotel. Mr. Stern said this is a conditional use permit, which gives Staff the flexibility to determine if the hotel should or should not have cooking. Councilmember Duggan suggested that what is needed is to keep the current language as is, and add another statement that defines extended stay hotels allowing cooking in the guest rooms. Councilmember Duggan said the traveling habits of people these days are much different than years ago, and extended stay hotels with cooking facilities are desirable for people visiting friends or family for days at a time and wanting to save money by cooking their meals as opposed to using restaurants. r27,22008 Page 17 Councilmember Schneeman said the current ordinance seems to already address what the Council is trying to do, i.e. "...lodging is provided, with or without meals, and which is open ..." Councilmember Vitelli said he is ready to move ahead with approving the text amendment to the ordinance and the conditional use permit so that the process can move on and allow the property to be developed as proposed. Councihnember Vitelli said he is bothered by this nitty gritty discussion, and if the council wants to fine tune the ordinance in a few years, he would recommend approving this application for a conditional use pernit and do the fine tuning at some other time. Councihnember Vitelli said he is not in favor of continually knit picking this thing. Councilmember Krebsbach said she wants to see a definition of an extended stay hotel assuming there might be some conditions of the size of the guestroors and the cooking area criteria. Councihnember Krebsbach said she is also in favor of defining the length of stay as her concern is that these do not turn into apartments. Councihnember Schneeman asked what the difference would be if someone would stay for about two months in a hotel that is not defined as an extended stay. Councihnember Schneeman said she agrees with Councilmember Vitelli and is ready to move forward with this. Mr. Sedlacek said there are a number of other changes relating to: • Garbage enclosures - the proposed garbage enclosure (outside of the building) designed for this plan is common throughout the city. • Floor plan — the applicant has confirmed that this proposed floor layout is according to Hilton's standards. • Signs — Staff looked at the base elevation for the sign and provided a maximum height level of 127,32008 Page 18 915 MSL. This number is based on the base elevation plus 45 -ft. variance amount of the neighboring sign. The current language provides more flexibility for the number of monument signs allowed, and would be subject to the conditional use permit. ® Change impact for other zoning districts — this conditional use permit only applies to industrial districts within 300 feet of an interstate exit ramp. There are only two lots in the city that meet this requirement. ® Fast food restaurant — is not compatible with the City's desire for that area and having the retail center require two or more tenants would further discourage the traditional fast food use. • Parking within the Xcel easement — the applicant has a report this evening and this concern has been resolved. In addition, Staff has come up with some language that says that the parking must be sufficient for the use of the area, leaving the decision up to the Council on a case by case basis. Staff feels that in this case, there is adequate parking. Councilmember Duggan suggested that the language on Item #3 say that "sufficient access and parking must be provided". Mr. Sedlacek said it should say "shall be provided". Councilmember Duggan referred to Item #2: "..applicants may propose to include a drive-in or fast food restaurants as defined in Section 12-1J-3 provided that no single restaurant exceeds 2,500 sq. ft. in size". Mr. Sedlacek stated two other changes that Councilmember Duggan had noticed two typographical errors: Item #2 — Mixed Uses — "drive in or fast food restaurants" should be singular and delete the "can". Mr. Nate Gundrum, Director of Development for The North Central Group, said they have been working with Staff and United Properties to address these concerns. Or27,42008 Page 19 Mr. Gundrum said cooking is a critical portion of the Homewood Suites and without the change to the language, an extended stay hotel would not be permitted. Mr. Gundrum said an extended stay really has to do with the average length of stay, (5 to 7 nights) at a hotel, and not necessarily what the amenities are. Stays at a traditional hotel is averaged at 2 and 3 nights. There are some extended stay products out there that do not have cook tops, but only the microwaves and coffee pots. Councilmember Krebsbach asked Mr. Gundrum if it is preferred not to state the length of stay in the ordinance. Mr. Gundrum said he would prefer it not be added in there. Councilmember Schneeinan asked for a description of the cook top. Mr. Gundrum asked to address that later in his presentation. Mr. Gundrum talked about the value of the brand, with its distribution and consistency, giving the guest a consistent experience regardless of location. Mr. Gundrum said there is little flexibility for the Homewood Suites interior design in order to maintain this consistency. Mr. Gundrum reviewed comparison charts of the Homewood Suites and other major brands, comparing the square footage of guest rooms and reviewed the guest room layouts. Mr. Gundrum said parking is allowed within the Xcel easement area per the Pipeline Easement Agreement. Fences, streets, curbs, gutters and landscaping are all allowed within the 35 -ft. gas easement. Retaining walls are allowed but they must be a 10 -ft setback between the actual gas pipe line and the retaining wall. The site plan has been revised to meet this requirement. Councilmember Duggan said he appreciates the time and work that the applicant has put in to this application and is more than satisfied with the answers presented and supports the proposal. OC( r27,52008 Page 20 Councilmember Krebsbach said she will not support this because she thinks the ordinance needs to be changed to define the extended stay. Mayor Huber asked how this would be enforced. Councilmember Krebsbach said the definition would include the square footage with a defined kitchen area and special venting, flooring and countertop specifications, as well as assurance that these facilities remain as a hotel and not a permanent residence. Councilmember Schneeman asked how this would be done with any hotel as people can go to the Radisson for example, and get any room with a small kitchen. Councilmember Duggan said it would seem that the wording addresses limited extended stay lengths along the freeway areas towards the airport, and would then exclude the opportunity for those staying only for 2 or 3 days. Councilmember Duggan said he changed his mind and would not be in favor of a definition of an extended stay. However, he would be in favor of having the "extended stay definition" include cooking. Mr. Sedlacek said that might be a more permissive language whereas not having it in there leaves it up to the conditional use penatit where the definition could allow cooking. The current definition gives the Council the most control by way of the conditional use permit. Mayor Huber and Mr. Stern both said they would agree with this. Councilmember Vitelli asked Councilmember Krebsbach if she supports the Hilton proposal. Councilmember Krebsbach said she does not have a problem with this. Councilmember Vitelli said he believes that the whole Council is saying that the Hilton proposal is good and the Council would like to see this and welcome them to the community. Councilmember Vitelli said he sees why Councilmember Krebsbach is concerned with the definitions and exact wording of the ordinances, and asked if there is a way that the Council can move Ayes: 5 Nays: 0 r27,62008 Page 21 ahead tonight and give the go-ahead to the Hilton but yet fine tune the ordinance at a later date. Councilmember Krebsbach said she is assuming there is a level of definition that the Council will want to adopt for an extended stay hotel and it is more a question of Staff coming up with ordinance language. Mr. Stern said because the language for a hotel currently prohibits cooking, it is his recommendation to pass the ordinance A and B as designated in the Staff report and revisit the definition of hotel at a future time. Mayor Huber summarized by saying if Council passes items A and B, this does not prohibit Staff from working on exploring the opportunities to look at whether the City wants to define an extended hotels going forward. Councilmember Vitelli said the Council is always able to change the ordinances and would be happy to spend the time working on this. Councilmember Krebsbach said this would be good protection for the City. Councilmember Duggan said it is his understanding that ordinance changes must be given public notice before anyone can take action. Councilmember Vitelli moved to adopt Ordinance 419, "AN ORDINANCE AMENDING TITLE 12, CHAPTER 1 OF THE CITY CODE, MAKING ANY REVISIONS THE COUNCIL DEEMS NECESSARY." Councilmember Krebsbach said this will have her support with a gentleperson's agreement that the Council will revisit the definition of the hotel extended stay. Councilmember Vitelli said he fully supports this. Councilmember Schneeman seconded the motion. Councilmember Duggan moved to adopt Resolution 08-59: "A RESOLUTION FOR A CONDITIONAL USE PERMIT, PRELIMINARY AND FINAL page 277 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO: 429 AN ORDINANCE REPEALING AND RESTATING THE ZONING REGULATIONS (TITLE 12, CHAPTER 1 OF THE CITY CODE) OF MENDOTA HEIGHTS The City Council of the City of Mendota Heights, Minnesota, ordains as follows: Section 1. Title 12, Chapter 1, Zoning Regulations of the Mendota Heights City Code, and all ordinances creating such chapter are hereby repealed in their entirety and restated in accordance with the attached. Section 2. This ordinance shall be in full force and effect from and after its summary publication according to law. Adopted by the City Council of the City of Mendota Heights this third day of August 2010. ATTEST: Nancy Fuer Acting City Clerk CITY COUNCIL PITY OF MENTIOTA HEIGHTS PITY (IF l�l.ul �i..v +++++.....+�. HOTEL: JUNKYARD: KENNEL, ANIMAL: page 278 that occupation using only that equipment or machinery which is usually found in a home; and e) when not involving the retail sales of products produced off the site. A professional person may use his residence for consultation, emergency treatment or performance of religious rites but not for the general practice of his profession. No accessory building shall be used for such home occupation. A building containing eight (8) or more guest rooms in which lodging is provided for compensation, with or without meals, and which is open to transient guests and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge. An area where used, waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled, or handled, including, but not limited to, scrap iron, and other metals, paper, rags, rubber products, bottles and lumber. Storage of such material in conjunction with a permitted manufacturing process when within an enclosed area or building shall not be included. A place where three (3) or more of any single type of domestic animal, over four (4) months of age, are owned, boarded, bred or offered for sale. LAND RECLAMATION: Restoration of land to usable form by depositing of clean fill materials so as to elevate the grade. LANDSCAPING: Plantings such as trees, grass and shrubs. LICENSED ENGINEER: A person licensed as a professional engineer by the state of Minnesota. LOT: A parcel of land occupied or used or intended for occupancy or use by a use permitted in this chapter, abutting on a public street, and of sufficient size to provide the yards required by this chapter. LOT AREA: The area of a lot in a horizontal plane bounded by the lot lines. LOT AREA, PER The number of square feet of lot area required per DWELLING UNIT: dwelling unit. Page 12-1E3- 10 CITY OF MENEJOTA HEIGHTS PLANNING APPLICATION page 279 1101 victoria Curve I Mendota Heights, MN 55115 651,452.1850 phone 1 651.452.8940 fax www.mendota•heights_corn Office Use Only: Case #: 21, (6 - Z6 Fee Paid: Application Date: 6 (Z? (/6 Staff Initials: t� Applicable Ordinance #: Section: Existing Zoning: /file Proposed Zoning: Existing Use: f./A.. Proposed Use: #.14 - ! Property Address/Street Location: N/A Applicant Name: City of Mendota Heights Phone: 651-452-1850 Applicant E -Mail Address: nolanw@mendota-heights.com Applicant Mailing Address: 1101 Victoria Curve, Mendota Heights, MN 55118 Property Owner Name: N/A Property Owner Mailing Address: N/A Phone: N/A Legal Description & PIN of Property: (Complete Legal from Title or Deed must be provided) N/A Type of Request: ❑ Rezoning ❑ Variance ❑ Lot Split/Adjustment O Code Amendment ❑ Conditional Use Permit ❑ Wetlands Permit ❑ Critical Area Permit ❑ Appeal ❑ Interim Use Permit ❑ Preliminary/Final Plat Approval ❑ Comprehensive Plan Amendment U Other I hereby declare that all statements made in this request and on the additional material are true. I further authorize City Officials and agents to ins ► = ct ' - - property during daylight hours. Signature •f Applicant Date Signature of Owner Date Signature of Owner (if more than one) Date Planning Application (modified 6/1/2016) Page 1 of 1 page 280 Affilavit of Publication State of Minnesota SS County of Dakota JANINE GAFFNEY , being duly sworn, on oath, says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as SOUTH-WEST REVIEW , and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed NOTICE OF HEARING which is attached was cut from the columns of said newspaper, and was printed and published once each week, for 1 successive weeks; it was first published on SUNDAY , the 10TH day of JULY , 20 16 , and was thereafter printed and published on every to and including , the day of , 20 ; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: *ABCDEFGHIJKLMNOPQRSTUVWXYZ *ABCDEFGHIJKLMNOPQRSTUVWXYZ *abcdefghijklmnopqrstuvwxyz Subscribed and sworn to before me on this 11TH day of JULY 2 iS —42 Notary Public 6 TITLE/ LEGAL COORDINAT *Alphabet should be in the same size and kind of type as the notice. TOS PYA R. art FH1 EHEAD RATE INFORMATION Notary Public -Minnesota My Com¢nis -on apires Jan 31, 2020 (1) Lowest classified rate paid by commercial users for comparable space $25.00 per col. inch (2) Maximum rate allowed by law for the above matter $25.00 per col. inch (3) Rate actually charged for the above matter $ per col. inch 1/16 CITY OF IVIENDOT\ HEIGHTS NOTICE OF HEARING A PUBLIC HEARING ON A REQUEST FOR CITY CODE AMENDMENTS TO WHOM IT MAY CONCERN: NOTICE is hereby given that the Planning commission of Mendota Heights will meet at 7:00 P.M,, or as soon as Possible + thereafter, on Tuesday. July 26, 2016 in the City'; Hall Council Chambers, 1101 Victoria Curve, Mendota Heights, Minnesota, to consideran application from the City of Mendota Heights to amend' the City Code concerning hotels and first floor elevations. This request' has been assigned Planning Case number 2016-26, This notice is pursuant to Title 12 (Zoning) of the Mendota Heights City; Code. Such persons as desire to be heard with reference to this request will be heard at this meeting Lorri':Smith City Clerk (South-West Review: July 10, 2016) '; page 281