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2016-11-01 Council Packet
1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Adopt Agenda CITY OF MENDOTA HEIGHTS CITY COUNCIL AGENDA November 1, 2016 — 7:00 pm Mendota Heights City Hall 5. Consent Agenda a. Approval of October 18, 2016 City Council Minutes b. Acknowledge October 25, 2016 Planning Commission Minutes c. Approve Resolution 2016-78 Defer Assessment at 599 Highway 110 for the Mendota Road Neighborhood Improvement Project d. Approve Resolution 2016-79 Order Preparation of Feasibility Report for Mendota Heights Rd Improvements e. Approve Resolution 2016-80 Order Preparation of Feasibility Report for Kensington Neighborhood Improvements f. Approve Resolution 2016-81 Accepting Work and Approving Final Payment for the Mendota Road Neighborhood Improvement Project (Project No. 201507) g. Approve Resolution 2016-82 Call for a Public Hearing on Right -of -Way Vacation between Block 4 and Block 7, TT Smiths Subdivision No. 4 h. Warming House Hours of Operation i. Approve Resolution 2016-89 Declaring Surplus Equipment — 2003 Ford Ranger j. Authorize Release of Reserve Car k. Approve Donation of Bikes I. Approval of Low Bid for City Hall Wireless Coverage Enhancements m. Approve the Hiring of a .5 FTE Clerk -Receptionist n. Approval of Claims List 6. Public Comments 7. Presentations a. Presentation of Shadow Box to the family of Garold "Jerry" Murphy b. Swearing In of New Police Department Staff 8. Public Hearings a. Resolution 2016-83 Approving Variance at 548 Butler Avenue West b. Resolution 2016-84 Approving Conditional Use Permit at 1450 Mendota Heights Rd c. Resolution 2016-85 Approving Critical Area Permit and Conditional Use Permit at 1010 Sibley Memorial Highway d. Resolution 2016-86 Approving Comprehensive Plan Amendment and Rezoning at 1787 Lexington Avenue 9. New and Unfinished Business a. Resolution 2016-87 Providing For The Issuance And Sale Of $1,020,000 General Obligation Bonds, Series 2016a b. Resolution 2016-88 Accepting Bids and Awarding Contract for the 35E & Marie Avenue Storm Sewer Improvements (Project No. 201615) c. Approve the Revised 6th Amendment to the Planned Unit Development Agreement with Mendota Mall Associates--Outlots, LLP 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, October 18, 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, and Norton. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Krebsbach presented the agenda for adoption. Councilmember Povolny moved adoption of the agenda. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and approval. Councilmember Norton moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein, pulling items f) Approve Appointment of a Community Service Officer and g) Approve Purchase of Handguns for the Police Department. a. Approve October 4, 2016 City Council Minutes b. Approve 2017 Insurance Renewal and Election to Not Waive Statutory Tort Limits c. Approve Resolution 2016-77 Final Payment, Acceptance of Victoria Road S Improvement Project d. Approve Contract for City Hall Site Improvements — 1101 Victoria Curve e. Award Professional Services Contract for the 2017 Mendota Heights Road and Kensington Neighborhood Rehabilitation Project f. Approve Appointment of a Community Service Officer g. Approve Purchase of Handguns for the Police Department h. Approve September 2016 Building Activity Report i. Approve September 2016 Fire Synopsis Report page 4 j. Approve August 2016 Treasurer's Report k. Approval of Claims List Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEM F) APPROVE APPOINTMENT OF A COMMUNITY SERVICE OFFICER Chief of Police Michael Aschenbrener provided an update on the appointment of a community service officer. He explained that this is a new position for the department. Eric Hagelee has successfully completed a background check, medical check, drug screening, and psychological exam. He will be sworn in at the next City Council meeting. Mayor Krebsbach noted that what makes this position different is that they can work towards the goal of becoming a police officer. G) APPROVE PURCHASE OF HANDGUNS FOR THE POLICE DEPARTMENT Councilmember Duggan asked how often the existing guns have been fired. Chief of Police Michael Aschenbrener replied that they shoot on an average of four times a year; officers qualify twice annually. However, in the line of duty, officers have not shot at anyone in the last ten years. Councilmember Duggan asked if there is a standard that every ten years the guns should be replaced. Chief Aschenbrener answered that when this was brought to the Council originally in 2006 they were informed that the guns would be placed on a ten-year replacement schedule. Chief Aschenbrener confirmed that KEEPRS is the only authorized Glock Law Enforcement dealer in Minnesota. At a future meeting, the Council will be asked to declare the old guns as excess property. They would then be traded in through the Law Enforcement Program at KEEPRS. That trade in credit can be turned in for ammunition for the guns. Councilmember Petschel moved to appoint Eric Hagelee to the position of probationary Community Service Officer, and to authorize the purchase of twenty-four new Glock pistols, weapon mounted lights, duty holsters, magazine pouches and ammunition from KEEPRS. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS There were no public comments. PRESENTATIONS No items scheduled. page 5 PUBLIC HEARING A) RESOLUTION 2016-76 ADOPTING AND CONFIRMING ASSESSMENTS FOR THE MENDOTA ROAD NEIGHBORHOOD IMPROVEMENTS (PROJECT 201507) Public Works Director Ryan Ruzek explained that this project involved the reconstruction of Mendota Road, which is the north frontage road of Highway 110, between Oak Street and Delaware Avenue. There was also a rehabilitation project to Warrior Drive, High Ridge Circle, and Sibley Court. There were traffic safety improvements to Warrior Drive, which included the construction of a median down the centerline. Favorable bids were received on the project and the estimate in the feasibility report was approximately $1.7M, with the bid coming in at $1.452M. Assuming indirect costs of $363,000 brought the total project costs to $1,815,833. The project is being funded through special assessments, bonding, Minnesota State Aid [MSA] funds, and the utility fund for the storm sewer improvements. According to the City's rehabilitation policy, 50% of the assessment cost would be to the benefiting property owners. The City is paying 100% for the storm sewer, trail, and other pertinent work on the project. There are three different assessments on this project, including an area or block that was previously assessed. In ordering the project, Council authorized the reduction of those assessments by $3,700. Mr. Ruzek shared photographs of the improved areas and noted that staff has received many compliments on the project. Councilmember Petschel made the observation that this is one of the nicest projects that has been completed in Mendota Heights. It was collaboration between the neighborhoods, school, and the City that turned out to be a win-win for everybody. Mayor Krebsbach stated she was happy that Warrior Drive was included in this project, as it was not up to the same standard as the rest of the streets; and also, the median brick design matches the Henry Sibley building and ties them together. Councilmember Duggan moved to open the public hearing. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 As there was no one coming forward to speak, Councilmember Norton moved to close the public hearing. Councilmember Petschel seconded the motion. page 6 Ayes: 5 Nays: 0 Councilmember Duggan noted that there were 26 total assessable units; however, the units to be assessed are only 20. In essence, everybody is being assessed essentially the same on Mendota Road, other than six houses. The Warrior Drive homes are at a different amount. Mr. Ruzek explained that there are not that many homes, the school district is actually eleven parcels along Mendota Road and staff counted them as 19 parcels along Warrior Drive. Street reconstruction assessments are payable over a 19 -year period and street rehabilitation assessments are payable over a 10 -year period at 6% interest. Assessments can be paid at City Hall interest-free for 30 days [before November 19, 2016]; after which they will be certified to Dakota County. Councilmember Povolny moved to adopt RESOLUTION 2016-76 ADOPTING ASSESSMENTS FOR THE MENDOTA ROAD NEIGHBORHOOD IMPROVEMENTS (PROJECT #201507). Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 NEW AND UNFINISHED BUSINESS A) MENDOTA PLAZA DEVELOPMENT UPDATE City Administrator Mark McNeill noted that this commercial and residential development was approved at the last meeting. This is a 14 -acre parcel of land that is a part of Mendota Plaza. Since that time, staff has been negotiating a development agreement with the developers. The purpose of this review was to allow the Councilmembers to ask questions and make any suggestions before the November 1, 2016 Council Meeting, which is when this development agreement would come up for approval. Administrator McNeill highlighted the following sections: Section 7: Development of Second Addition Property in Accordance with the Plans This confirms the fact that there is going to be two separate responsible parties; Paster Properties [Developer] will be doing the commercial aspect of the development, and Mendota Plaza Apartments will be developing the 139 -unit apartment building. Section 8: Conditions and Project Specific Approvals to the Development of the Second Addition Property This section concerns parking, lighting, landscaping maintenance, and screening. Item E under Section 8 addresses the combined restaurant, which shall not exceed 8,500 square feet. Section 14: Section 4.11: Traffic Improvements, including South and North Plaza Drive/Dodd Road (TH 149) Intersection There should be an insertion here that this is referencing section 4.11 of the 2009 original agreement. page 7 Administrator McNeill noted the references to improvements to Trunk Highway 110 and Dodd Road falling to that of the developer does not make sense as those are state highways and it would be up to the State of Minnesota to deal with traffic issues at that location. The City is more interested in South Plaza Drive and North Plaza Drive at their intersections with Dodd Road. Right now the existing level of service for traffic on North Plaza Drive, at peak hours going left, is already at service level F. The City is looking for a way to resolve any additional demand that might be placed on these intersections. The City negotiated that if a traffic engineer, acceptable to the Developer and the City, comes up with remedies to this, that the State of Minnesota agrees to, any City costs to remedy those would be the responsibility of the Developer and Mendota Plaza Apartments. Councilmember Duggan noted that in the original 2009 agreement the established service level would be to C; not service level D as currently listed in Section 14. Administrator McNeill replied that a service level D is normally looked at as acceptable. Currently the level of service is C; that is balanced out by times during the day when it is a level of service F [peak hour]. A level of service C, without improvements to Dodd Road and perhaps for the queuing distance coming south from Highway 110 and Dodd Road intersection, would be very difficult if not impossible to reach. Service level D is a reasonable standard for what is here. Councilmember Duggan continued by stating that if a service level C was acceptable then, and now approximately 1,000 additional cars are being added — he is not so sure that a service level D is advisable. The City is lowering its standards. Administrator McNeill replied that it would be up to the Minnesota Department of Transportation (MnDOT) to determine what the traffic remedy might be for that. It is unlikely that they would be willing to put a signal at North Plaza Drive, and possibly not at South Plaza Drive — but regardless the congestion is going to be a result of traffic on Dodd Road and not as much determined by traffic generated from the development at Mendota Plaza. Section 17: Park Dedication Fees Administrator McNeill noted that there is a credit as the Developer paid $185,693 in 2009. So the additional monies is from the residential property — 139 units x $4,000 = $556,000. They are being credited $44,600 (the cost of the trail connection from their public use area to the trail to be constructed by the county), leaving a balance due of $511,400. Administrator McNeill noted that there was a question regarding sheet piling versus poured in place concrete. Councilmember Duggan asked if that was acceptable to the Department of Natural Resources (DNR) as it relates to the creek. Mr. John Kohler from Paster Properties replied that the previous design was a system on driven piles, with a cap and a concrete wall built on top. However, the soils around the creek are so soft that piling the dirt up behind the wall — as the dirt is so heavy it would squeeze that soft soil underneath those piles and come up on the creek side of that wall. When utilizing a sheet pile wall, they are creating a complete dam that goes well below that so there would be no room for the lower soft soil to come through. This would protect the creek even more and have fewer disturbances in and around the creek during construction. page 8 Mayor Krebsbach questioned what the guardrail, located at the right -in off Highway 110, would be made of. Mr. Kohler replied that it would not be concrete. The developer would bend the guardrail so it follows the curve of the road coming off Highway 110. Councilmember Duggan asked about changes being made to the plan after it is approved by Council. Mr. Kohler replied that the plans will be attached to the approved agreement. City Attorney Tom Lehmann noted that if there are any changes, there is the ability for the Council to determine if they are acceptable — in the original agreement there is language to that affect. He feels comfortable that the City would have notice of the changes and that nothing would be inserted or added without City approval. Councilmember Duggan clarified that he is looking for language that would exclude any small details on the drawings that went through unnoticed. It was explained that with digital technology there is the ability to overlay one set of drawings over the top of another and see all of the differences or changes. Administrator McNeill encouraged the Council to review the document and relay any questions they may have to him before the November 1, 2016 meeting. B) ADOPT JOB DESCRIPTION, PAY GRADE, AND AUTHORIZE ADVERTISEMENT FOR COMMUNITY DEVELOPMENT DIRECTOR POSITION City Administrator Mark McNeill explained the Planner position description has been revised to be titled "Community Development Director". In addition to the existing duties that the Planner had in terms of zoning and planning, this would also add economic development responsibilities and the overseeing of the contracted Building Inspector position. In the future, the overseeing of the contracted Fire Marshall position could be added. Administrator McNeill presented the job description and recommended that this position be slotted at pay grade 38. Mayor Krebsbach felt that adding "updating the comprehensive plan" should be included in the job description. Administrator McNeill replied that the comprehensive plan is something that a planner does and that phrase could be added. Mayor Krebsbach recommended that the qualifications say something like 'has experience with or knowledgeable of the comprehensive planning process'. Administrator McNeill replied that this could be added to the second bullet under Essential Duties. Councilmember Petschel asked for clarification that this proposed salary is already in the budget. Administrator McNeill replied that the 2017 budget did include money for upgrades to positions. Councilmember Duggan moved to ADOPT THE JOB DESCRIPTION, PAY GRADE, AND AUTHORIZE ADVERTISEMENT FOR COMMUNITY DEVELOPMENT DIRECTOR POSITION. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 page 9 COMMUNITY ANNOUNCEMENTS City Administrator Mark McNeill made the following announcements: • The 7th Annual Firefighter Dance will be held on November 11 at the Mall of America Hilton. • The Halloween Bonfire is scheduled for Oct 31. Brush for the bonfire will be accepted October 26 through noon on October 31St • The park shelter buildings have been re -shingled; the concrete surface at Mendakota Park basketball court has been replaced with hoops and goals going up soon; the boards have been replaced around the hockey rink at Friendly Hills Park. • November 1st through the 7th, absentee voters will be able to feed their ballots directly into the tabulator machine. There will be extended hours for voting on November 5 and November 7th STAFF AND COUNCIL COMMENTS Chief of Police Michael Aschenbrener provided safety tips for Halloween night and for any nighttime walks or trail usage. He stressed wearing reflective colors, wearing costumes that allow the wearer to see out, being careful of flammable costumes getting too near a lighted pumpkin, children should have an adult with them, staying in familiar neighborhood, and beware of motorists when on major thoroughfares. Councilmember Duggan and Councilmember Povolny wished everyone a Happy Halloween. Councilmember Petschel noted there were pelicans on Copperfield Pond this past week. She also noticed a swan on the pond for most of the week. She mentioned an important football game on October 19 between Henry Sibley and St. Thomas Academy. Councilmember Norton stated that a citizen called and gave a compliment to Public Works Director Ryan Ruzek and the entire department for the nice work completed on Warrior Drive. He also mentioned the open house held on October 17 for the Dodd Road trail proposal. He wanted the residents to know that right now, it is at the concept stage. It is just an idea that is being explored. Mayor Krebsbach noted the large attendance at the Fire Station Open House. There were approximately 500 people in attendance. She also reported that there were approximately 700 kids playing soccer this fall at Mendakota Park. She commended Sloan Wallgren and the Parks Commission for finding the open space for the soccer fields. ADJOURN Councilmember Duggan moved to adjourn. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 page 10 Mayor Krebsbach adjourned the meeting at 8:07 p.m. Sandra Krebsbach Mayor ATTEST: Lorri Smith City Clerk page 11 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSON MINUTES October 25, 2016 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, October 25, 2016 in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. The following Commissioners were present: Chair Litton Field, Jr., Commissioners Howard Roston, Michael Noonan, Doug Hennes, Mary Magnuson, and Brian Petschel. Those absent: Christine Costello. Others present: Consulting Planner Phil Carlson, AICP; Public Works Director Ryan Ruzek; City Administrator Mark McNeill; Approval of Agenda The agenda was approved as submitted. Approval of September 28, 2016 Minutes COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER MAGNUSON TO APPROVE THE MINUTES OF SEPTEMBER 28, 2016, AS PRESENTED. AYES: 6 NAYS: 0 ABSENT: 1 Presentations A) DODD ROAD TRAIL FEASIBILITY STUDY — STANTEC CONSULTING SERVICES Ms. Fay Simer, AICPA from Stantec Consulting Services presented the findings of the Dodd Road Trail Feasibility Study, which had been requested by the City of Mendota Heights. The work was funded by a statewide health improvement program grant that the City received from Dakota County. Through that grant funding, City staff did some community outreach around the conversation of a trail along the Dodd Road Corridor. Stantec was retained to research the technical feasibility of a trail. Ms. Simer wanted it to be known that this is just the first step in this process and this is not a proposal for a trail alignment. The purpose of this study is to help the City understand the level of effort it would take to construct a trail and will enable the City to apply for future grant funding by having some preliminary work done and some cost estimates. Ms. Simer shared an image of the proposed alignment of the Mendota -Lebanon Hills Greenway Master Plan, which showed Dodd Road as a potential alignment for that greenway. This image also showed the Metropolitan Councils plan for a regional bicycle transportation network, a Tier 1 alignment — their highest priority connection. page 12 The City's Parks and Open Space Plans in the 2030 Comprehensive Plan identifies improvements for a trail between Trunk Highway 110 and Marie Avenue. Those improvements are being funded as part of MnDOT's 2018 resurfacing of Dodd Road. MnDOT has also been doing some outreach in Mendota Heights in advance of the 2018 -resurfacing project of Dodd Road to understand biking and pedestrian needs along the corridor. Currently, MnDOT does not have any plans or funding to change the road alignment or add a trail as part of the resurfacing project. However, there may be some opportunities to do things along the road, as it exists today to make it safer for bikers and walkers. Comments and Feedback Received by MnDOT during their outreach process in Mendota Heights: • Dodd Road needs a sidewalk • 40 mph is too fast • Dodd Road is on the regional bicycle transportation network and needs some sort of accommodations Received by the City of Mendota Heights at their outreach during the Mendota Heights 5K and Park Celebration: • Overwhelming positive comments about establishing a trail along Dodd Road • Desire for a safer corridor for biking and walking Received from seniors living in the Parkview Plaza and Village Commons developments: • They would not use the trail for transportation purposes • There was some interest in a recreational facility Ms. Simer then shared an image of what a trail alignment would need along Dodd Road: • Five feet of separation between the road and the trail • Eight -foot wide trail • Two -foot clear zone • Five-foot easement for public right-of-way Discussions were had with Xcel Energy regarding burying the utilities and discovered that the cost of burying utilities would be on the entity that requested it and could add an additional $1.5M to $2M to the cost of the project. Utility boxes will still need to have space in the public right-of-way. Another thing to keep in mind would be the need to add storm sewer and gutter to replace any ditches that were filled in to accommodate the addition of a trail. These would be necessary to handle the stormwater that the ditches facilitate currently. Guiding Principles for Analysis • Minimize crossing to maintain a continuous trail segment along one side of Dodd Road for as long as possible • Utilize available public right-of-way as much as possible • Minimize relocation of utilities • Minimize disruption to slopes and trees page 13 Stantec's recommended trail alignment, based on the guiding principles listed above, has been broken down into nine segments. Note: this recommendation is based on what is constructible, not necessarily based on conversations with property owners. Segment Descriptions / Major Activities Required Segment 1 — Delaware Ave. to Chippewa Ave. • Fill existing ditch sections and add storm sewer between road and trail • Remove and replace existing stone retaining wall • Add retaining walls to keep grading limits within the 20' trail corridor • Clear 15-20 trees and shrubs Segment 2 — Chippewa Ave. to Emerson Ave. • Fill existing ditch sections and add storm sewer between road and trail • Add retaining walls to keep grading limits within the 20' trail corridor • Clear 35-40 trees and shrubs Segment 3 — Emerson Ave. to Wentworth Ave. • Add retaining walls to keep grading limits within the 20' trail corridor • Clear 15-20 trees and shrubs Segment 4 — Wentworth Ave. to Marie Ave. • Fill existing ditch sections and add storm sewer between road and trail • Add retaining walls to keep grading limits within the 20' trail corridor • Clear 55-60 trees and shrubs Segment 5 — Marie Ave. to Maple St. • Not analyzed as part of this study. Trail extension planned as part of 2018 Dodd Road resurfacing project. Segment 6 — Maple St. to Hwy 110 • Not analyzed as part of this study. Trail exists along east side of Dodd Road. Segment 7A — Apache St. to Decorah Ln. (off-road on public right-of-way) • • Clear 30' wide corridor through existing woods; approximately 30 trees and brush Segment 7B — Hokah Ave. to Decorah Ln. (along Dodd Road) • • Fill existing ditch sections and add storm sewer between road and trail • • Add retaining walls to keep grading limits within the 20' trail corridor • • Clear 15-20 trees and shrubs Segment 8 — Decorah Ln. to Lake Dr. • • Fill existing ditch sections and add storm sewer between road and trail • • Add retaining walls to keep grading limits within the 20' trail corridor • • Clear 30-35 trees and shrubs Segment 9 — Lake Dr. to Mendota Heights Road • Extend grading limits in public right-of-way to 30-45' to eliminate retaining walls • Clear 10-15 trees and brush For the purpose of helping the City think through what it would take to obtain this 20 -foot alignment along the West side of Dodd Road, Stantec did a preliminary assessment of the page 14 different segments and found that there are approximately 71 parcels along Dodd Road where the City would have to acquire right-of-way to achieve that 20 -foot trail corridor next to Dodd Road. Preliminary Cost Estimates The preliminary cost estimates do not include right of way acquisition or temporary construction easement costs Segment 1 — Delaware Ave to Chippewa Ave - $227,400 Segment 2 — Chippewa Ave to Emerson Ave - $699,450 Segment 3 — Emerson Ave to Wentworth Ave - $628,575 Segment 4 — Wentworth Ave to Marie Ave - $832,875 Segment 5 — Marie Ave to Maple St - $0 since a trail construction is already planned Segment 6 & 7 — Maple St to Hokah Ave - $0 as existing trail facilities to remain Segment 7A — Apache St to Decorah Lane - $176,625 Segment 7B — Hokah Ave to Decorah Lane - $230,025 Segment 8 — Decorah Lane to Lake Drive - $614,475 Segment 9 — Lake Drive to Mendota Heights Road - $230,625 Total Estimate - $3,640,050 Recommended Next Steps • Continue discussion in the community to generate and assess buy -in and support for the trail corridor • Pursue trail construction in segments, spreading the costs out over time. Begin construction along southern trail segments where right-of-way is publicly owned • Initiate individual meetings with property owners to assess their interest in selling property or easements • Continue conversation with Xcel Energy and other utility companies regarding relocation needs of private utilities • Look for opportunities through the development review process to acquire trail easements as properties change ownership • Continue to work with MnDOT to install crossing and safety improvements during the 2018 resurfacing project • Long term, the City should look at both segments 7A and 7B to maximize the trail's connectivity with existing trail and park systems Commissioner Hennes asked, with 75,000 square feet and 71 different parcels, what the ballpark estimate of what the cost would be. Ms. Simer replied that Stantec does not estimate costs as part of their work. They are planners and engineers and they do not want to be the ones assessing what the market value of those properties would be. Commissioner Hennes then asked City staff if they had any idea. Public Works Director Ryan Ruzek replied that the City would probably pay somewhere between $5 and $10 a square foot. page 15 Chair Field noted that it might be worth adding the existing trail section from Marie Avenue south, just so all of the slides can be seen together in the report. Commissioner Petschel asked if this study agnostic to any plans from the County about the greenway; instead of doing construction along segments Dodd Road, would it make sense to use whatever the County is willing to pay for. Ms. Simer replied that it would certainly make sense to use the County right-of-way where it is available — there is County right-of-way available along the southern portion of Dodd Road. The City now has some numbers to work with in terms of what the construction costs are in that area. Commissioner Magnuson noted, as a follow-up, that she knows for a fact that it is a County priority at the current time to connect downtown St. Paul into the entire County network. This seems to be creating a completely separate path that does not seem to fit with the County's plan. Chair Field stated that he was unsure if that was the nature of the project that Stantec was charged with. It would be unfair to ask Stantec to comment on that since it was not part of the project they were tasked with. Public Works Director Ryan Ruzek commented that Stantec was hired to study a trail corridor along Dodd Road. The County typically is after greenway trails, which are wider and more open through nature areas. This trail section would actually be more for local users to get to some of those greenway trails. Commissioner Hennes asked what would typically be the funding mechanism for this type of project. Mr. Ruzek replied that within County right-of-ways, the County would typically pay for 55% of the trail costs. Within the state right-of-way, the City could use municipal state aid funds, apply for grants, or use general tax levy funds. None of these trail segments are allocated to move forward at this time; this is just the study process. The City recently applied for a grant and would most likely not be receiving one for the next trail section to the north. The trail section between Maple and Marie, the City is proposing to use municipal state aid funds. Hearin's A) PLANNING CASE #2016-39 KATHLEEN CASPER, 548 BUTLER AVENUE WEST VARIANCE REQUEST Consulting Planner Phil Carlson, AICP explained that this application is for a variance to build a new slightly larger garage in roughly the same location of an existing garage. Planner Carlson shared an aerial image of the property with the existing garage and then another with the new garage penciled in. He noted that the existing one -car garage does not meet required setbacks and the replacement with a new two -car garage in the same location would require variances, as it would also not meet the required setbacks. He stated that it would be possible to place a 22 x 24 garage that would meet the setback requirements; however, it would be pushed all of the way next to the house. This is listed as one of the practical difficulties in the report. page 16 Planner Carlson then listed the criteria that must be met to issue a variance and shared how this request met that criteria. Staff recommended approval of this variance request. Commissioner Hennes asked if the property owner gave any consideration to building an attached garage, thus having it meet the setback requirements. Planner Carlson replied that he is unaware of any consideration of this kind. The plan is to place the new garage in roughly the same location as the existing garage. Commissioner Magnuson asked for elaboration of the practical difficulty of relocating the garage because of the slopes. Planner Carlson replied that there is a significant drop in slope across the site and pointed that out in the image he shared earlier. Chair Field opened the public hearing. Ms. Kathleen Casper, 548 Butler Avenue West, addressed Commissioner Hennes question by stating that she did not consider building an attached garage. However, it would be difficult because of the way the house is setup; it would be attached to her dining room and kitchen, and it would block the view from the windows along that area. Commissioner Magnuson asked if Ms. Casper had considered the placement of the garage where it would fit in the setback area. Ms. Casper replied that she did not as it would be so close to the house and would have the same drawbacks as an attached garage would have. Chair Hennes asked how far of a drop is there from the house to the existing garage. Ms. Casper replied that it is approximately 1.5 to 2 feet and is noticeable. Seeing no one coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER HENNES, TO CLOSE THE PUBLIC HEARING. AYES: 6 NAYS: 0 ABSENT: 1 COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER MAGNUSON, TO RECOMMEND APPROVAL OF PLANNING CASE 2016-39, VARIANCE REQUEST BASED ON THE FOLLOWING FINDINGS OF FACT: 1. The variance requests meet the tests in the code for practical difficulties. 2. The new garage represents reinvestment in a residential neighborhood that is consistent with the Comprehensive Plan's goals for residential land uses. AND WITH THE FOLLOWING CONDITIONS: page 17 1. The applicant must submit elevations depicting the height of the proposed structure, exterior building materials, and garage door heights to the City for review prior to issuance of a building permit. 2. The applicant shall obtain a building permit prior to construction. 3. 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. 4. The proposed detached garage shall be constructed in compliance with the applicable City Code performance standards noted in Section 12-1I. Chair Field noted that typically the Findings of Fact would amplify the fact that the lot is rather obtuse in its shape and secondly, would note the elevation change from the house to the garage. He believes it would be better in the record to have that. COMMISSIONER ROSTON MADE A FRIENDLY AMENDMENT TO HIS MOTION, THAT THE ANALYSIS INDICATING THE IRREGULARLY SHAPED LOT, AND THE GRADE CHANGE FROM THE HOUSE TO THE GARAGE BE INCLUDED IN THE FINDINGS OF FACT. COMMISSIONER PETSCHEL ACCEPTED THE FRIENDLY AMENDMENTS COMMISSIONER MAGNUSON SECONDED THE FRIENDLY AMENDMENTS AYES: 6 NAYS: 0 ABSENT: 1 Chair Field advised the City Council would consider this application at its November 1, 2016 meeting. B) PLANNING CASE #2016-40 IDEAL ENERGIES, LLC, 1450 MENDOTA HEIGHTS ROAD CONDITIONAL USE PERMIT Consulting Planner Phil Carlson, AICP explained that this application is for a conditional use permit to construct a solar energy system in the side and rear yard of the Minnesota Knits facility. The applicant wishes to install portable solar panels to provide electricity; a 60 kilowatt array with a number of panels that would be placed on both the side and rear yards of the site. Planner Carlson shared an image of the subject property indicating where it is located in relation to surrounding streets and properties. The image also indicated the proposed location of the solar panels. The proposed location of the solar panels would meet the setbacks and the provisions in the code in terms of area. There is an apparent contradiction in the code that refers in one section to solar energy systems only in the rear yard and the other section of the code it sites the area that a solar energy may occupy in both the side and rear yards. Planner Carlson stated that, in his experience and his approach, whenever there appears to be a contradiction in the code, it is interpreted in page 18 favor of the applicant unless there is some great harm that would come because of it. In this situation, between a couple of industrial buildings and the side yard and rear yard setbacks significantly from the front yard, where it is viewed from the public right-of-way, his interpretation is that in meeting the area requirements by putting it in both the side and rear yards is a reasonable request. Planner Carlson noted that the conditions listed, that were not entirely clear from the application, is whether there would be screening and fencing around the array. In the large solar arrays that he has worked with there has been continuous fencing just for security because they are, in essence, a small power plant. Screening for both security and aesthetics would be appropriate in this regard. Commissioner Noonan asked, in regards to fencing, if Planner Carlson was suggesting that fencing be erected along the rear lot line and the side lot line. Planner Carlson replied that he believes it should be installed for security unless the applicant has information that indicates it is not necessary. Commissioner Magnuson asked if there is any glare with these types of solar panels. Planner Carlson replied that Stantec has worked with one of the larger solar farms developers and there have been glare studies done. These panels are built to absorb the sunlight, not to reflect it. It does reflect light but it is not like a polished plate of glass, it is very subdued reflection. Commissioner Magnuson stated that her concern was for the traffic being on three sides of this property; thus her question regarding the potential for glare. Chair Field opened the public hearing. Mr. Rich Ragatz of Ideal Energies, 1450 Mendota Heights Road, came forward to be available for questions. In response to Commissioner Magnuson's question, he noted that all of the panels face directly south and would not be facing towards the road nor would they affect traffic. Commissioner Noonan asked why a ground array instead of a roof -mounted array. Mr. Ragatz replied that they have done a number of rooftop installations and that is typically what they like to do. However, this building has a metal roof with a rubber membrane; it would be too challenging to install a rooftop array without puncturing the membrane. Commissioner Magnuson asked if there were any plans for a fence. Mr. Ragatz replied that they could fence it but is unsure if it is needed. Minnesota Knitting Mills would like for them to fence it so they are open to doing that. They would have to figure out how to accommodate egress from the fire door but they could work with that. Seeing no one coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. page 19 COMMISSIONER HENNES MOVED, SECONDED BY COMMISSIONER ROSTON, TO CLOSE THE PUBLIC HEARING. AYES: 6 NAYS: 0 ABSENT: 1 COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER PETSCHEL, TO RECOMMEND APPROVAL OF PLANNING CASE 2016-40 CONDITIONAL USE PERMIT BASED ON THE FOLLOWING FINDINGS OF FACT: 1. The proposal meets the spirit and intent of the code dealing with solar energy systems. AND WITH THE FOLLOWING CONDITIONS: 1. That the applicant constructs a fence or other form of visual screening along the south side of the property, to be approved by the City Engineer. 2. That trees are removed properly in accordance to City standards, as discussed in section 3-4-2 of the City code. 3. That the applicant provides proper utility connection and safety documentation. 4. That the applicant applies for all additional required permits including a building permit. AYES: 6 NAYS: 0 ABSENT: 1 Chair Field advised the City Council would consider this application at its November 1, 2016 meeting. C) PLANNING CASE #2016-41 JERRY TROOIEN, 1010 SIBLEY MEMORIAL HIGHWAY CRITICAL AREA PERMIT AND CONDITIONAL USE PERMIT Consulting Planner Phil Carlson, AICP explained that this application was for a Critical Area Permit and Conditional Use Permit within the Mississippi River Critical Area to trim some trees and underbrush on the property. Planner Carlson shared an image of the property outlining the location of the house and surrounding streets. This lot, which is approximately five acres, was subdivided a couple of year ago to create a second home lot in the front of it of approximately 1.6 acres, leaving 3.4 acres with the existing house and garage. The applicant wishes to remove nine trees and associated buckthorn underbrush in a wooded, brushy area on the newly created parcel. Photos and descriptions of the trees were included in the Commissioner Packet. When Planner Carlson visited the site he noted an area of disturbed ground indicating some grading activity already and there did not appear to be any erosion control measures, nor could he find any kind of permit being pulled. However, it may fall below the threshold of the area or the amount of earth to be moved that would trigger a permit. Nonetheless it is adjacent to the area that is wooded and some trees that the applicant wishes to remove. Therefore, it is page 20 recommended that condition three be incorporated into the work that is being done here and that the work on these trees, if approved, is done professionally and carefully. Commissioner Noonan asked for additional information on the reasoning for requiring that a qualified professional do the removal — it seems contrary to the notion of a weekend handyman going in and doing the work, especially when dealing with an invasive species. Planner Carlson replied that there is some buckthorn and other brush that would be a weekend handyman type removal; however, these are also nine large trees that is really beyond a handyman and would require a tree service to come in and remove. Commissioner Noonan asked if this could not be a decision made by the property owner, based upon his expertise and comfort in terms of removing those trees. Planner Carlson replied that it could be and that would be a judgment call that the Commission and the Council could make. He did note that this is in the critical area with heightened scrutiny. Commissioner Petschel asked why trees are being cleared prior to the plan of a home construction. Planner Carlson replied that would be a question for the property owner or his representative. Commissioner Magnuson asked, in Planner Carlson's view, if these trees were to come down if there would be sufficient cover remaining on the property, it would not open the space up, so that the houses become visible. Planner Carlson replied that, in his opinion, this would not significantly alter the view and it would be reasonably protected. Commissioner Petschel wished to know if the location of a future home site is contingent upon these trees being removed. Planner Carlson replied that this was his understanding as the trees are not located on the proposed home pad. Chair Field opened the public hearing. Mr. Adam Vetvick of Vetvick Law, St. Paul, MN, representing the property owner, came forward and explained that Mr. Trooien could not be present as he is traveling out of state. In response to Commissioner Magnuson's question, Mr. Vetvick replied that there is enough tree cover that, if these trees were removed, would block any kind of view onto the lot or out of the lot. In response to Commissioner Petschel question, Mr. Vetvick replied that typically this would all be done in one fell swoop. However, just with certain goings on within Mr. Trooien's personal life and other things happening it just hasn't been possible to have it all done at the same time. There is some consideration being made as far as what is actually going to be built, but those are discussions for another day. They are seeking to clean up the lot a little bit, get some of the junk trees out of the way, and some of the underbrush off there as well. Mr. Daren Carlson, 992 Caren Court, in regards to the clearing done on the property last year, asked if a critical area permit had been applied for at that time. Chair Field indicated that it was noted in the staff report that it is unknown if a permit had been applied for. Mr. Carlson continued by asking what the repercussions are for doing activities without the permit. Chair page 21 Field replied that they might have a discussion on that later. Right now they are dealing with the staff report and public testimony. Mr. Carlson commented that he and his neighbors noticed those activities last summer and fall occurring between 8:00 p.m. and midnight to the point where it was causing some of the neighbors to have trouble sleeping. When they went over to ask that the activities be halted they were treated very rudely. In regards to the condition for approval that the removals are done professionally and carefully, he questioned if the previous activities were done in the same manner. Commissioner Magnuson asked if the area had been lit during the nighttime activities. Mr. Carlson replied that there was heavy machinery and bulldozers in there for several nights removing trees and moving earth with lots of lights and noise from the machinery. Mr. Ken Herrmann, 995 Caren Court, asked if the property owner would be required to request another permit and subsequent hearing if he wished to remove any additional vegetation in the future. Planner Carlson replied that the removal of trees in the critical area would require a critical area permit. When questioned, Planner Carlson indicated that the removal of a tree downed by a storm or disease could be outside the authority of a permit and it would not be necessary; but more investigation would need to be done before he could give a definite answer. Mr. Herrmann then asked if, in the future, if there is no notice given that he plans on removing more vegetation and the neighbors notice activity, to whom should they come to have an investigation. Chair Field replied that they should contact City Hall and report it immediately. Mr. Hermann asked what the timeline is for doing this kind of work — what time in the evening should the stop. Public Works Director Ryan Ruzek replied that the rule of thumb is to go by what the pollution control agency or state statute requires. Technically it is set at 7:00 a.m. to 10:00 p.m. The City likes to restrict contractors to 7:00 a.m. to 7:00 p.m.; however, they are allowed to make noise until 10:00 p.m. Mr. Hermann asked how difficult would it be to change the zoning from R-1 Residential to Commercial. Planner Carlson replied that it would be a two-step process; a City Land Use Plan and the Comprehensive Plan that designates it as low density residential, following that would be zoning. Taking a residential property in the middle of other residential properties and making it commercial would be highly unusual and not likely to occur. Mr. Carlson, representative of the property owner, noted that rezoning is not part of this application and there are no plans to do that. As far as when work should cease, if it should become part of the conditional use then so be it. Chair Field asked for a motion to close the public hearing. page 22 COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER PETSCHEL, TO CLOSE THE PUBLIC HEARING. AYES: 6 NAYS: 0 ABSENT: 1 COMMISSIONER MAGNUSON MOVED and added that condition one be amended to include the phrase 'and that no work is to be done outside of the timeframes that are permitted within City Code.' COMMISSIONER NOONAN SECONDED THE MOTION and made a friendly amendment that the work timeframe be narrowed to 7:00 a.m. to 7:00 p.m., which Commissioner Magnuson accepted, TO RECOMMEND APPROVAL OF PLANNING CASE 2016-41, CRITICAL AREA PERMIT AND CONDITIONAL USE PERMIT BASED ON THE FOLLOWING FINDINGS OF FACT: 1. The property is within the Critical Area and subject to code requirements of the Critical Area Overlay District. 2. The work proposed involved is reasonable and within the spirit and intent of the Critical Area, if done carefully and professionally. AND WITH THE FOLLOWING CONDITIONS: 1. Removal of trees and underbrush is performed by a qualified professional and that no work would be permitted before 7.•00 a.m. nor after 7.•00 p.m. 2. Removal of trees and underbrush is confined to the area and the vegetation defined on drawings and photos accompanying the application 3. Erosion and sedimentation measures will be put in place in the area noted as well as the area of open soil adjacent to it to the south until ground cover can be established Commissioner Roston expressed his disagreement with the altering of the allowable timeframe, as there is already a limit set in the Code; however, he would not argue the point. Commissioner Petschel asked if there were conflicting requirements based on noise and construction. The response what that the ordinance that deals with noise has nothing to do with construction. AYES: 6 NAYS: 0 ABSENT: 1 Chair Field advised the City Council would consider this application at its November 1, 2016 meeting. Commissioner Magnuson asked about consequences imposed in the past when cutting in the critical area were done prior to the granting of a permit. Commissioner Roston replied that he believes that this body — the Planning Commission — does not have the authority to do anything; the City of Mendota Heights does. The appropriate person to refer this question to is probably the City Attorney. page 23 COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER MAGNUSON, TO RECOMMEND TO THE CITY ATTORNEY AND THE CITY COUNCIL THAT THEY INVESTIGATE THE MATTER OF THE CUTTING OF TREES, BRUSH, OR OTHER VEGETATION, AND THE MOVEMENT OF EARTH LOCATED ON A PARTICULAR SITE AT MR. TROOIEN'S PROPERTY; AS WELL AS INVESTIGATE THE TIMING AND THE EQUIPMENT THAT MIGHT HAVE BEEN USED AND THE EXTENT OF WORK THAT WAS PREFORMED AND WHETHER OR NOT A PERMIT SHOULD HAVE BEEN ACQUIRED PRIOR TO THE PERFORMANCE OF SAID WORK, AND IF NOT WHAT THE CONSEQUENCES MAY BE. Ayes: 6 Nays: 0 Absent: 1 D) PLANNING CASE #2016-42 TIMOTHY MCGOUGH, 1787 LEXINGTON AVENUE SOUTH COMPREHENSIVE PLAN AMENDMENT AND REZONING Consulting Planner Phil Carlson, AICP explained that this request was for a Comprehensive Plan Amendment and Rezoning. The initial application was by Mr. Timothy McGough and it has since been revised to Lexington Properties, LLC. The property involved is a single-family lot on Lexington Avenue and is bordered by other single-family homes and by the townhomes to the north. Mr. Carlson shared an image of the site on the 2030 Land Use Plan and another image of the site on the Zoning Map. The site is guided as low density residential, as are all of the properties surrounding it, and is zoned R-1 Residential. The request is to rezone the property from R-1 Residential to R-2 Residential and to change the land use from low density to medium density. There is not much precedent in the City for the R-2 and the medium density residential. However, immediately to the north of this property are twin homes and immediately north of that are tri-plexes located in the City of Lilydale or the City of Mendota. If this property were surrounded by all single-family dwellings and uses, it could be argued that rezoning to R-2 would not be permissible as no one likes 'spot zoning'. However, with the twin homes [located in Mendota Heights] and tri-plexes [not located in Mendota Heights] being located immediately to the north this may not be a case of 'spot zoning'. Staff made no recommendations on this matter. Chair Field opened the public hearing. Mr. Tim McGough, 1442 Knollwood Lane, commented that he is aware that the City reluctantly considers rezoning but believes that have a medium density property in this location would make for a clean transition from the relatively high density property to the immediate north and the low density properties to the south and west. He continued his explanations for allowing this page 24 rezoning by addressing the points listed under "Findings of Fact for Denial" in the staff report. He also expounded on his willingness to do whatever is necessary — be it a Planned Unit Development or an agreement between the owners of the twin home — to assure the City and the community that there would be no additional units built on this property — only the twin -home he is planning. Commissioner Magnuson asked who actually owns the property. Mr. McGough replied that he believes that two children of the former owner, who has passed away, own it. He does have a signed purchase agreement contingent upon getting it rezoned to R-2. Commissioner Roston asked for clarification that the lawyer Mr. McGough consulted was not with the firm Commissioner Roston works at. Mr. McGough confirmed that it was not the same firm. Mr. Maris Kurmis, 2250 Plymouth Road, Minnetonka and listing agent for the property came forward to give evidence for the zoning change as well as to represent the sellers. He echoed the arguments already made by Mr. McGough. Mr. Tom Evans, who lives in Kingsley Estates located north of the subject property, stated that he believes that a twin home owned by two different owners is actually a condominium. If it is a condominium it removes a lot of the issues that some people have had; that being build a twin home and make it owner occupied with renting out the other side, or build a twin home and have an absentee owner making it an apartment. Planner Carlson clarified that the zoning ordinance speaks to density and lot size but not to ownership structure. Mr. Bob Hughes, 1117 Orchard Place, owns the property located directly south of the subject property, which is very similar in size and character. He believes that the subject property was sold at a too high of a price and the only way to come out on top is to make it a rental property. He believes that making this a rental property would negatively affect the value of his own. Mr. McGough returned and noted that he chaired a buildings and ground committee for a 66 -unit condominium so he knows how they operate, what they require, the difference of opinion and everything that goes into them. That is not what they are about here, they are not interested in developing the property — they are interested in building a home for themselves and their best friends. Their best friends are in the same situation as they are; they are looking to downsize and be on one level. They have looked at every other property available in the City and they do not work for a number of reasons. They want to live on the property and have no intention of subdividing, renting out, or being a bad neighbor. Chair Field asked for a motion to close the public hearing. page 25 COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER MAGNUSON, TO CLOSE THE PUBLIC HEARING. AYES: 6 NAYS: 0 ABSENT: 1 Commissioner Magnuson stated that she is not in favor of rezoning this property. She then asked if there were any other way that this project could go forward, which would eliminate some of the concerns about not being able to control an R-2 property and limit then how this property were used in certain way such that it would be limited to two units, owner occupied, etc. Planner Carlson replied that he could not see a way. A Planned Unit Development (PUD) is in essence a zoning where you get to control the pieces of it; this property would not qualify for a PUD due to its size. The City is limited to the uses, the lot sizes, and the densities that are in the discreet zoning districts. It's either R-1 and single-family or it's R-2 and then other things would apply. Commissioner Magnuson continued by explaining that the setting of precedence is of concern as there are other similar properties located next to or near the subject property and the City would be hard pressed to deny any similar rezoning requests. Planner Carlson stated that the City does have discretion in where to draw the line at the land use level — they could redraw the current line to include this one property and then stop there. As far as limiting it to just two units — he does not see how. Commissioner Roston also expressed his opposition to the rezoning but he also stated that he would not have a problem with two units. He believes that with a creative lawyer that it could be accomplished. Commissioner Hennes stated that he would be comfortable with the rezoning as the applicant has made a compelling case and that it is simply a matter of making the property an R-2 and see where the chips fall. COMMISSIONER HENNES MOVED, TO RECOMMEND APPROVAL OF PLANNING CASE 2016-41, COMPREHENSIVE PLAN AMENDMENT AND REZONING BASED ON THE FOLLOWING FINDINGS OF FACT: 1. The property is located on the edge of two areas with different density and character. The subject property could logically follow the pattern to the north. To the west, south, and east are low density single family neighborhoods; Abutting the property along its entire northern edge is a medium density development more in keeping with a medium density R-2 zoning designation than the single family R-1 designation it has now. 2. The property fronts directly on Lexington Avenue, a major street, and any additional traffic from a medium density development on the property would not pass through other quiet single-family neighborhood streets. 3. The property has sufficient area for four single-family lots, but it is not possible to subdivide into conforming lots due to its dimensions and configuration, and its single frontage on Lexington Avenue. Allowing a duplex, triplex or other medium density page 26 structure would allow the owner a reasonable use of the land not otherwise possible given the dimensions of the property. The motion died for lack of a second. COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER ROSTON, TO RECOMMENDED DENIAL OF PLANNING CASE 2016-41, COMPREHENSIVE PLAN AMENDMENT AND REZONING BASED ON THE FOLLOWING FINDINGS OF FACT: 1. The property abuts single-family uses on three of its four sides and there is currently a clean straight line between the different densities. Changing this property to medium density is not a clean dividing line. 2. Reguiding the property to Medium Density and rezoning to R-2 would entitle the owner to the full density and uses allowed for R-2 zoning, perhaps up to four units, not just one duplex structure. 3. Even though the property to the north is medium density the City need not expand that to the subject property; the current dividing line is reasonable. 4. There are no other areas of the City guided for Medium Density as a stand-alone designation and only one other lot in the entire City zoned R-2. Creating a new R-2 district would be an anomaly in the City's land use and zoning scheme. Additional discussions occurred on the reasons for denying the rezoning, the agreement that allowing two dwellings on the property would be feasible if it could be done in a way that would not set a precedence or create spot zoning, and the possibility of a creative solution. Chair Field asked if an application is denied if there was a limitation on when it could be brought back. The reply was that according to the ordinance it would be six months. Commissioner Roston noted that he would add a friendly amendment that the six-month waiting period be waived. Chair Field asked Mr. McGough if he would like to lay this issue over and study the situation with his attorney as opposed to going down the tortured path of having a denial its consequences. Commissioner Noonan stated that the question before the Commission was the rezoning from an R-1 to an R-2 and for the reasons that have been expressed he couldn't support the rezoning or the spot zoning for moving of the transition line. However, he believes there were challenges thrown out to explore options within the context of the Comprehensive Plan and the zoning, which would allow a development to come forward. He would not necessarily support laying it over; he would like to deal with the zoning issue. However, there is openness to consider achieving what the applicant wants within the context of the zoning. page 27 COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER PETSCHEL, TO REOPEN THE PUBLIC HEARING WITH THE EXPRESSED PURPOSE OF ASKING THE APPLICANT IF HE WOULD LIKE TO LAY HIS APPLICATION OVER TO EXPLORE OTHER OPTIONS AYES: 5 NAYS: 1 (NOONAN) ABSENT: 1 Mr. McGough returned and, after lengthy discussions on what exactly could be the outcome of laying it over, replied that the Commission should go ahead with the decision at this time. COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER MAGNUSON, TO CLOSE THE PUBLIC HEARING AYES: 6 NAYS: 0 ABSENT: 1 Chair Field called the standing motion of denial. AYES: 3 (ROSTON, NOONAN, MAGNUSON) NAYS: 3 (HENNES, PETSCHEL, FIELD) ABSENT: 1 Chair Field advised the City Council would consider this application at its November 1, 2016 meeting without a recommendation from the Planning Commission Verbal Review Public Works Director Ryan Ruzek gave the following verbal review: PLANNING CASE #2016-35 Great Northern Builders, LLC, 780 South Plaza Drive Conditional Use Permit • Approved by the City Council as recommended by the Planning Commission Adjournment COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER ROSTON, TO ADJOURN THE MEETING AT 9:17 P.M. AYES: 6 NAYS: 0 ABSENT: 1 page 28 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 COUNCIL ACTION DATE: November 1, 2016 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Resolution 2016-78 - Deferring Assessment at 599 Highway 110 for Mendota Road Neighborhood Improvement Project (Project No. 201507) COMMENT: INTRODUCTION The Council is asked to approve resolution 2016-78 deferring assessment at 599 Highway 110 for the Mendota Road Neighborhood Improvement Project (201507). BACKGROUND State statute allows residents to defer special assessments for undeveloped property, senior citizen, permanent and total disability, military service and green acres. The city determines if an assessment will accrue interest and the associated rate and if interest is due annually or at the time of payment. DISCUSSION Mendota Heights received a senior citizen deferment request for the property located at 599 Highway 110, Mendota Heights, MN. BUDGET IMPACT The city will carry the special assessment until payment per terms on attached resolution. Payment may occur prior to or after the allotted repayment period. RECOMMENDATION Staff recommends that council adopt the resolution deferring the assessment at 599 Highway 110. ACTION REQUIRED If Council wishes to enact the staff recommendation, it should pass a motion adopting A RESOLUTION DEFFERING THE MAKING OF ASSESSMENT AS TO THE PROPERTY LOCATED AT 599 HIGHWAY 110 FOR THE MENDOTA ROAD NEIGHBORHOOD IMPROVEMENTS (PROJECT #201507). This action requires a simple majority vote. page 29 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2016-78 A RESOLUTION DEFFERING THE MAKING OF ASSESSMENT AS TO THE PROPERTY LOCATED AT 599 HIGHWAY 110 FOR THE MENDOTA ROAD NEIGHBORHOOD IMPROVEMENTS (PROJECT #201507) WHEREAS, the City Clerk, with assistance of the Public Works Director has calculated the proper amount to be specially assessed for the Mendota Road Neighborhood improvements (Project No. 201507); and WHEREAS, the assessment roll for said improvements has been filed with the City Clerk and at all times since its filing has been open to public inspection; and WHEREAS, a hearing on said assessments was duly held at 7:00 p.m. on October 18, 2016, at the City Hall in the City of Mendota Heights, MN; and WHEREAS, Sylvia A. Glewwe-Wentworth, is the owner of certain property more particularly described as Parcel No. 270250004022 the legal description of which is following described property situated in Dakota County, Minnesota: South 315 Feet of West 150 FT OF East 15 Acres of Southwest 1/4 OF Northeast 1/4 Excluding Highway, Section 25, Township 28, Range 23; and WHEREAS, Sylvia A. Glewwe-Wentworth has requested that the making of an assessment against said property by reason of said improvements be deferred until such time as the assessment term has expired, the property sold, or otherwise transferred in Title Ownership. NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council that: 1. That the assessment roll for said improvements (Project No. 201507) be corrected to defer the making of an assessment at this time against the property of Sylvia Glewwe- Wentworth (Parcel No. 270250004022). 2. That upon completion of the assessment term of 19 years, or upon the future sale of title transfer of said property there shall be levied an assessment in the principal amount of $7593.00 plus interest at the rate of six percent (6%) per annum from October 18, 2016. 3. That the City Clerk is hereby directed to correct the assessment roll for said improvements as set forth above. Adopted by the City Council of the City of Mendota Heights this first day of November, 2016. ATTEST Lorri Smith, City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor page 30 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 COUNCIL ACTION DATE: November 1, 2016 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Resolution 2016-79 & 2016-80 — Order Preparation of Feasibility Report for Mendota Heights Road Improvements and Kensington Neighborhood Improvements COMMENT: INTRODUCTION The Council is asked to approve resolution 2016-79 & 2016-80 Ordering Preparation of Feasibility Reports for Mendota Heights Road Improvements from Lexington Avenue to Dodd Road and the Kensington Neighborhood Improvements. BACKGROUND The Mendota Heights Road Rehabilitation and the Kensington Neighborhood Improvements have been identified in the 2015-2019 Capital Improvement Plan (CIP). Council authorized a contract with Stantec at their October 18, 2016 meeting for the design of the projects. DISCUSSION Mendota Heights Road — This project proposes to rehabilitate Mendota Heights Road between Lexington Avenue and Dodd Road. A sanitary sewer extension is proposed to be extended to Condon Court as well as the rehabilitation of Condon Court. Kensington Neighborhood Improvements This project proposes to rehabilitate Bedford Court, Concord Way, Lockwood Drive, Stockbridge Road and Whitfield Drive as well as reconstruct Claremont Drive. BUDGET IMPACT The CIP identifies construction costs of $683,000 for the Mendota Heights Road Project and $740,000 for the Kensington Neighborhood Improvements based on 2012 prices. The costs will be refined during the feasibility process. The projects are proposed to be funded by special assessments, municipal bonds, municipal state aid and utility funds. RECOMMENDATION Staff recommends that council adopt the resolutions authorizing the preparation of feasibility reports for Mendota Heights Road and the Kensington Neighborhood Improvements. ACTION REQUIRED page 31 If Council wishes to enact the staff recommendation, it should pass a motion adopting the following: A RESOLUTION ORDERING PREPARATION OF FEASIBILITY REPORT FOR THE REHABILITATION OF MENDOTA HEIGHTS ROAD FROM LEXINGTON AVENUE TO DODD ROAD (PROJECT #201616) and A RESOLUTION ORDERING PREPARATION OF FEASIBILITY REPORT FOR THE KENSINGTON NEIGHBORHOOD IMPROVEMENTS (PROJECT #201409). This action requires a simple majority vote. page 32 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2016-79 A RESOLUTION ORDERING PREPARATION OF FEASIBILITY REPORT FOR THE REHABILITATION OF MENDOTA HEIGHTS ROAD FROM LEXINGTON AVENUE TO DODD ROAD (PROJECT NO. 201616) WHEREAS, it is proposed to construct improvements on Mendota Heights Road from Lexington Avenue to Dodd Road in Mendota Heights including the construction of sanitary sewer, aggregate base, concrete curb and gutter, bituminous surfacing, storm sewer repair, ADA improvements, trail extension and appurtenant work; and WHEREAS, it is proposed to construct improvements on Condon Court including the removing of the existing bituminous surface, construction of bituminous surfacing, concrete curb and gutter repair and appurtenant work; and WHEREAS, this project is identified in the City's 2015-2019 Capital Improvement Plan; and WHEREAS, it is proposed to assess the benefited property for all or a portion of the cost of the improvements, pursuant to Minnesota Statutes, Chapter 429, NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council that the proposed improvements be referred to the City Engineer for study and that he is instructed to report to the Council with all convenience and speed advising the Council in a preliminary way as to whether the proposed improvements are necessary, cost-effective and feasible and as to whether they should best be made as proposed or in connection with other improvements, and the estimated costs for the improvements as recommended. Adopted by the City Council of the City of Mendota Heights this first day of November, 2016. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST Lorri Smith, City Clerk page 33 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2016-80 A RESOLUTION ORDERING PREPARATION OF FEASIBILITY REPORT FOR THE KENSINGTON NEIGHBORHOOD IMPROVEMENTS (PROJECT NO. 201409) WHEREAS, it is proposed to construct improvements on Kensington Neighborhood Streets (Lockwood Drive, Bedford Court, Concord Way, Claremont Drive, Whitfield Drive and Stockbridge Road) in Mendota Heights including the construction of reclaimed aggregate base, concrete curb and gutter, bituminous surfacing, storm sewer repair, ADA improvements and appurtenant work; and WHEREAS, this project is identified in the City's 2015-2019 Capital Improvement Plan; and WHEREAS, it is proposed to assess the benefited property for all or a portion of the cost of the improvements, pursuant to Minnesota Statutes, Chapter 429, NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council that the proposed improvements be referred to the City Engineer for study and that he is instructed to report to the Council with all convenience and speed advising the Council in a preliminary way as to whether the proposed improvements are necessary, cost-effective and feasible and as to whether they should best be made as proposed or in connection with other improvements, and the estimated costs for the improvements as recommended. Adopted by the City Council of the City of Mendota Heights this first day of November, 2016. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST Lorri Smith, City Clerk Exhibit A MendotaHeights Road & Condon Court Rehabilitation Date: 9/28/2016 0 275 SCALE IN FEET page 34 City of Mendota Heights .Zif I LION DR is • 2500- M i / 210 % -1? /• /': v 242" 2465 • O 0 fff FIfItMEM (Fl rly Ftf fFtEM1UNI lIF 7"f 11�#lI Frstg Fgrt llfEtEI I EEEE f{ - 1-T tll(eh�leFrln!lEEIFlIEfNFIFlIrErll�l��. ftlf_LHIN INN WPPMMft1[Ef 1R • �a�' 195' J Extend Trail approximately 60 feet ' w M ,nni,—mmr 1-494 1-35E LO 935 tt r i --.14,4'...- -'-� ,Illi tf r1E f 1 E t ,thrift t.iy.i... 71111 F 1 Exhibit B Kensington Neighborhood Improvements Date: 9/28/2016 0 180 SCALE IN FEET page 35 City of Mendota Heights 2465 2464 24 144' 2 � 4ri--:::; 2452_ / -- ------ \ 2471 2472\2\\68I—. , ;2459 �`0:4� '1450�� 2g2/ \ 2483 24"' / 2480 +Is+-i�sa-_,_`�;' T • ®tee ` 184' 2463 2470 1246& / - 2455, i { 2462 \ / 2467 2 // �'�, / 234 b 2473 2476`` 248A 7-1 g4.9 • 7 , N \ I 2479 : / �^ — \ 2469 47 2493 / \ 2488 `' / 24`88 \ / /2467 w^ 2488 , / 2491 = _ _ 2400 ' 500 / 2498 14 -- 2503 ` \ 3 r 2510 I• 2565: !®8 254.5 559 2525 ,®0 8s'� �_� ..'" 2527 I \y49,/2566/ \ m c)c-- \v/ 2562 / / C Private Road - Not Included Claremont Drive to be Reconstructed 530 2473 2A 76 2526 /1 25 3 555 /! 1253 1 N1547 551 Family Homes1 ; � -- , - 220 Ili 4 Single % 2558 `/, 2538 /' \2554 \/ 252 Private Road - Not Included 550 156' Multiple Family Homes 4 Private Road - Not Included \ \ \ \ 2567 L-- 546 page 36 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 COUNCIL ACTION DATE: November 1, 2016 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Final Payment and Acceptance of the Mendota Road Neighborhood Improvements (Job 201517) COMMENT: INTRODUCTION The Council is asked to approve the final payment and accept the work for the Mendota Road Neighborhood Improvements. BACKGROUND The Mendota Road Neighborhood Improvement project was substantially complete in October of 2016. An assessment meeting was held on October 18, 2016, with the assessment roll being adopted as proposed. DISCUSSION The contract work for the Mendota Road Neighborhood Improvement project has been completed, inspected, approved and is ready for final payment (this will start the one year guarantee period). BUDGET IMPACT Total contract cost for this project is $1,512,918.80, not including engineering and overhead costs. The original contract amount was $1,452,666.51. Unforeseen soil conditions and additional requests by MnDOT required work outside the original project scope. Final payment of this contract totals $31.287.61, which includes the current two percent retainage. RECOMMENDATION Staff recommends that council approve the final payment and accept the project. ACTION REQUIRED Staff recommends that the city council pass a motion adopting Resolution No. 2016-81, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR THE MENDOTA ROAD NEIGHBORHOOD IMPROVEMENTS (PROJECT NO. 201507)". This action requires a simple majority vote. page 37 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2016-81 RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR THE MENDOTA ROAD NEIGHBORHOOD IMRPOVEMENTS (PROJECT NO. 201507) WHEREAS, pursuant to a written contract signed with the City of Mendota Heights on May 9, 2016, with McNamara Contracting, Inc., of Rosemount, Minnesota, has satisfactorily completed the improvements for the Mendota Road Neighborhood Improvements, job number 201517, 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 $31,287,61, taking the contractor's receipt in full. Adopted by the City Council of the City of Mendota Heights this first day of November 2016. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST Lorri Smith, City Clerk 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 COUNCIL ACTION DATE: November 1, 2016 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Resolution 2016-82 — Call for a Public Hearing on Right -of -Way Vacation between Block 4 and Block &, TT Smith's Subdivision No. 4 COMMENT: INTRODUCTION The Council is asked to approve Resolution 2016-82 calling for a public hearing on a right-of- way vacation started by a petition of abutting land owners. BACKGROUND The Avenues neighborhood or TT Smith's subdivision has a number of undeveloped rights-of- way and alleys that are not serving the best interest of the public. DISCUSSION Staff received a petition to vacate an unnamed street that was platted between Block 4 and Block 7 of the TT Smith's Subdivision No. 4. This Unnamed Street is located on the East side of Vandall Street between 3rd Avenue and 4th Avenue. Staff is proposing that the abutting owners dedicate a 20 feet wide easement for any future drainage and utility purposes or existing private utilities which is a standard requirement for any new plats. BUDGET IMPACT The petitioners submitted the required $250 fee to cover the advertising, mailing and staff time for this request. RECOMMENDATION Staff recommends that council approve the resolution calling for a public hearing. ACTION REQUIRED Staff recommends that the city council pass a motion adopting Resolution No. 2016-82: "RESOLUTION CALLING FOR A PUBLIC HEARING ON A RIGHT_OF_WAY VACATION STARTED BY A PETITION OF ABUTTING LANDOWNERS". This action requires a simple majority vote. page 39 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2016-82 RESOLUTION CALLING FOR A PUBLIC HEARING ON A RIGHT-OF-WAY VACATION STARTED BY A PETITION OF AN ABUTTING LANDOWNER WHEREAS, a request signed by a majority of property owners abutting the Unnamed Street Right -of -Way in Mendota Heights was received by the City Clerk on the 20th day of October 2016; and WHEREAS, the petition requested by the City Council pursuant to Minnesota Statute §412.851 to vacate Unnamed Street between 3rd Avenue and 4th Avenue on the East side of Vandall Street described as: All that part of Unnamed Street (60 feet) between Block 4 and Block 7, TT Smith's Subdivision No. 4. WHEREAS, the City Clerk has reviewed and examined the signatures on said request and determined that such signatures constitute a majority of landowners abutting upon the portion of Right -of -Way to be vacated. NOW THEREFORE, BE IT RESOLVED, the Mendota Heights City Council will consider the vacation of such Right -of -Way and a public hearing shall be held on such proposed vacation on the 6th day of December, 2016, before the City Council in the Mendota Heights City Hall located at 1101 Victoria Curve at 7:00 p.m. The City Clerk is hereby directed to give published, posted, and mailed notice of such hearing as required by law. Adopted by the City Council of the City of Mendota Heights this 1St day of November, 2016. CITY COUNCIL CITY OF MENDOTA HEIGHTS ATTEST Sandra Krebsbach, Mayor Lorri Smith, City Clerk page 40 Petition for a vacation of Unnamed Street of Block 7 of T.T Smith Subdivision #4 between lots #1 though #8 in the City of Mendota Heights, County of Dakota, State of Minnesota. To: The City Council of Mendota Heights. Minnesota The undersigned, being a complete list of the property owners as set forth opposite their respective names, abutting on Unnamed Street, respectfully petition the City Council to vacate the aforesaid Unnamed Street. Map of Unnamed Street attached. Vacation of aforementioned Unnamed Street is in the best interest of the City and Public and is not detrimental to the health, safety and wellness of the City of Mendota Heights. The Unnamed Street serves no public utilities and has no need for easement. Printed Name Kenneth J Noack Mary Kay Noack Robert D Bradt Joan A Odonnell Patrick M Noack Nina M Noack Paul J Stanton Mark D Stanton George H Keys Marcella Keys Agnes C McCluney Authorized Trustee Address or Description of Property 677 4th Avenue 677 4th Avenue 1516 Vandall Street 1516 Vandall Street 669 4th Avenue 669 4th Avenue 665 4th Avenue 665 4th Avenue 1495 Somerset Ct 1495 Somerset Ct 1502 Vandall Street Received on the�� day of , 20 Signature of City Clerk A page 41 Street Vacation 10/7/2016 0 80 SCALE IN FEET City of fl"l1211 Mendota Heights 678 666 , .. 67 14F , 155- air Legend Abutting Properties 135 la 1 1502 1495 68 132 15 60 59 67 70 132 277.8' �TH AVE 131 s 7116,- 662 65 192' 1549j 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. DATE: TO: FROM: SUBJECT: page 42 1101 Victoria Curve I Mendota Heights, MN 55118 551.4521850 phone 1 651.452.8940 fax www. m endota- hei g ht s.ca m CITY OF MEfti100TA HEIGHTS November 1, 2016 Mayor and City Council Sloan Wallgren, Recreation Program Coordinator Winter Warming House Hours of Operation Introduction The Parks and Recreation Commission is requesting that the City Council change the hours of operation of the warming houses. Background The City of Mendota Heights staffs three warming houses during the winter skating season. The typical skating season lasts from mid-December to late February. The current hours of operation for all three warming houses are: Monday -Friday 4:OOpm-8:OOpm Saturday 9:OOam-8:OOpm Sunday 12:OOpm-6:OOpm Non School Days & Holidays 12:OOpm-8:OOpm At the September 13, 2016 Parks and Recreation Commission meeting the Commission passed a motion requesting the hours of operation be changed to the following times: Monday -Friday 4:OOpm-9:OOpm Saturday 10:OOam-9:OOpm Sunday 12:OOpm-6:OOpm Non School Days & Holidays 12:OOpm-9:OOpm Budget Impact The recommended changes would increase the Parks Department Temporary Salaries line item by roughly $1,500.00 for the winter skating season. That funding is available. Required Action If Council wishes to enact the recommendation by the Parks and Recreation Commission, it should make a motion to do so. This item requires a simple majority vote. page 43 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 COUNCIL ACTION DATE: November 1, 2016 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Resolution 2016-89 — Declaring Surplus Equipment — 2003 Ford Ranger COMMENT: INTRODUCTION The Council is asked to approve resolution 2016-89 declaring the City's 2003 Ford Ranger to be surplus equipment. BACKGROUND The 2003 Ford Ranger was purchased new as an engineering vehicle. Since 2015 it has been utilized as a runner vehicle for Parks and Recreation and facility purposes. It is no longer needed, as with the restructuring of the engineering department, a 2015 Ford F-150 currently used by the engineering department will be shared with the above departments. BUDGET IMPACT Any proceeds from the sale of this vehicle will be deposited in the General Fund. There will also be a slight savings in insurance and other operating costs. RECOMMENDATION Staff recommends Council approve resolution 2016-89 declaring the 2003 Ford Ranger to be surplus. ACTION REQUIRED If Council wishes to enact the staff recommendation, it should pass a motion adopting A RESOLUTION DECLARING SURPLUS EQUIPMENT — 2003 FORD RANGER. This action requires a simple majority vote. page 44 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2016-89 RESOLUTION DECLARING SURPLUS EQUIPMENT 2003 FORD RANGER WHEREAS, the City of Mendota Heights has in its fleet a 2003 Ford Ranger that is no longer needed; and WHEREAS, it is the desire of the City Council to declare the 2003 Ford Ranger to be surplus; and WHEREAS, the 2003 Ford Ranger will be sold through a sealed bid process. NOW THEREFORE BE IT RESOLVED; by the Mendota Heights City Council as follows: 1. That the 2003 Ford Ranger is no longer needed for municipal purposes and is hereby considered to be surplus. 2. That the City Clerk is hereby authorized and directed to advertise the sale of the vehicle, and award the sale to the highest responsible bidder meeting the advertised requirements. Adopted by the City Council of the City of Mendota Heights this 1st day of November 2016. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST Lorri Smith, City Clerk CITY OF MENDOTA HEIGHTS page 45 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 MEETING DATE: November 1, 2016 TO: Mayor and City Council, City Administrator FROM: Mike Aschenbrener, Chief of Police Emergency Manager SUBJECT: Authorize Release of 2010 Ford Crown Victoria COMMENT: Introduction The Council is asked to approve the release of the 2010 Ford Crown Victoria to Dakota County Technical College in exchange for mandated training. Background At the May 17, 2016 City Council meeting, the Council authorized the purchase of a leased squad used here at the Mendota Heights Police Department. The purchased vehicle would replace the existing Ford Crown Victoria. The former squad car is now decommissioned and awaiting sale. Dakota County Technical College (DCTC) inquired about the purchase for us by the school in the police pursuit interventions tactics training. They would accept it as a straight donation or would offer the City vouchers good for no more than the retail value of the car in training or approximately 10 training sessions. The Emergency Vehicle Operations Training is mandated by the State of Minnesota for all police officers. The police department training budget would be positively impacted by donating the vehicle to DCTC. Budget Impact The sale proceeds would go directly to the general fund. Trade value would offset mandated training. Recommendation Staff recommends the transfer of the vehicle to DCTC in exchange for training vouchers. Action Required If the Council desires to implement the recommendation, pass a motion to authorize staff to release the vehicle to DCTC and accept the emergency vehicle operations training. mCITY OF MENDOTA HEIGHTS page 46 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com DATE: November 1, 2016 TO: Mayor, Council and City Administrator FROM: Mike Aschenbrener, Police Chief SUBJECT: Donation of Bikes from property to Bikes for Kids COMMENT: Introduction The Council is asked to approve the donation of bikes from police secure storage to the charity Bikes for Kids. Background The Mendota Heights Police Department has always picked up bicycles abandoned in the city. The city has extremely limited storage space. In 2013 the City donated all found bike to Bikes for Kids before that we have held the bikes until there was a neighboring police auction and have attempted to get rid of them through that process. Very rarely do any cities hold public auctions any more nearly all are done on line. Bicycles are always held a minimum of 90 days. All bikes are currently logged into and accounted for in the records system. After Council approval each case will be closed by Investigator Willson and the property will be coded out by Council authorization. The Mendota Heights City Code Title 1 Chapter 9 Summary Disposition of Property allows the City Council to authorize disposal of property through means other than by public auction. Bikes for Kidz is a registered non-profit corporation with the Minnesota Secretary of State Office and has been since 2004. In the past they have picked up the bikes from storage and we will coordinate with them to release the bikes directly to the charity. For more information on the charity follow this link: http://fb4k.com Attachments • Secretary of State Business Record Detail • List of Bike eligible for release Budget Impact None. Recommendation If Council desires to implement the recommendation, pass a motion allowing staff to donate the bikes to the registered non-profit "Bikes for Kids". Business Filing Details page 47 Page 1 of 1 Business Record Details » Minnesota Business Name Bikes 4 Kids Business Type Assumed Name File Number 880609000021 Filing Date 3/2312016 MN Statute 333 Home Jurisdiction Minnesota Status Active 1 In Good Standing Renewal Due Date Principal Place of Business Address 12/31/2017 1207 Constance Boulevard N.E. Ham Lake, MN 55304 USA Nameholder Nameholder Address The Robert & Wilma Burbach Bike Foundation 1207 Constance Boulevard N.E., Ham Lake, MN 55304 Filing History Filing History Select the item(s) you would like to order, Order Selected Copies ▪ Filing Date Filing Effective Date ▪ 3/2312016 Original Filing - Assumed Name (Business Name: Bikes 4 Kids) ® 2016 Office of the Minnesota Secretary of State - Terms & Conditions https:/Irnblsportal.sos.state.mn.us/Busit essISearchDetails?filingGuid af60ba0-6bf1-e51... 10/24/2016 Mendota Heights Police Department 1101 Victoria Curve 1 Mendota Heights, MN 55118 1 Phone: (651) 452-1366 Property List page 48 Monday, October 24, 2016 10:36:01 am ** For official use only ** 14-000621 Prop -Item# Entry Dttm Type Reason Description Location Closed 14-000491 - 1 08/26/14 12:23 Article FND Gary Fischer- Womens (Purple / MH Water Tower No Silver) 14-000708 Prop -Item# Entry Dttm Type Reason Description Location Closed 14-000594 - 1 09/30/14 17:15 Article FND Schwinn Women's 10 -speed MH Water Tower No 14-000709 Prop -Item# Entry Dttm Type Reason Description Location Closed 14-000595 - 1 09/30/14 18:16 Article FND Next Girls Bike MH Water Tower No 15-000363 Prop -Item# Entry Dttm Type Reason Description Location Closed 15-000235 - 1 05/05/15 09:38 Article FND Purple - Magna Glacier Point - MH Water Tower No Girls 12 speed bike 15-000520 Prop -Item# Entry Dttm Type Reason Description Location Closed 15-000321 - 1 06/23/15 13:46 Article FND Red, 16' Boys, Kent Road Tech MH Water Tower No RT16 15-000555 Prop -Item# Entry Dttm Type Reason Description Location Closed 15-000335 - 1 07/04/15 09:49 Article FND 20" Boys BMX style bicycle MH Water Tower No 15-000787 Prop -Item# Entry Dttm Type Reason Description Location Closed 15-000485 - 1 09/14/15 09:13 Article FND 26" Pink Schwinn Roxie Bicycle MH Water Tower No 15-000935 Prop -Item# Entry Dttm Type Reason Description Location Closed 15-000591 - 1 11/09/15 12:55 Article FND Green ROADMASTER mountain MH Water Tower No bike Phoenix RMS rev 02/05/13 ** Confidential - Unauthorized Use Prohibited ** Page 1 of 2 Mendota Heights Police Department 1101 Victoria Curve 1 Mendota Heights, MN 55118 1 Phone: (651) 452-1366 Property List page 49 Monday, October 24, 2016 10:36:01 am ** For official use only ** 16-000289 Prop -Item# Entry Dttm Type Reason Description Location Closed 16-000203 - 1 04/14/16 11:01 Article FND Red Youth "Dyno Chisel Cut" MH Water Tower No Bicycle 16-000539 Prop -Item# Entry Dttm Type Reason Description Location Closed 16-000327 - 1 06/22/16 07:36 Article FND 24" HUFFY SEASIDE MULTI MH Water Tower No COLORED Prop -Item# Entry Dttm 1 Type Article Phoenix RMS rev 02/05/13 ** Confidential - Unauthorized Use Prohibited ** Page 2 of 2 MEETING DATE: TO: FROM: SUBJECT: Introduction page 50 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 November 1, 2016 Mayor and City Council, City Administrator Mike Aschenbrener, Chief of Police Emergency Manager In Building Wireless Coverage Enhancements COMMENT: The Council is asked to approve the expenditure of funds set aside for this project during the 2016 budget process. Background Approximately 2010 cellular coverage for emergency response became unacceptable. Staff worked to find the best coverage city wide and found our terrain created cover issues for all carriers. A wireless enhancement system is being slowly phased into each squad car to ensure coverage city wide. Unfortunately in building cellular coverage is not adequate to conduct business in the lower level of City Hall. In 2015 quotes were obtained from two providers to enhance cellular coverage in the building. Both quotes were considerably higher than the current bids. Late in 2015 it was learned that a change in technology would allow for installation at a much lower cost. Both providers were contacted for new pricing. One stated there old bid was there best offer and the second rebid. The primary difference between the two bids is the winning bid will enhance cellular coverage for all carriers across all frequency bands. The low bid is $15,824 and is attached. Budget Impact This is a budgeted item and the finance department confirmed the money is available. Recommendation Staff recommends the expenditure of the funds to improve cellular coverage in the building. Action Required If the Council desires to implement the recommendation, pass a motion to authorize staff to expend the funds. page 51 Mendota Heights Signal Amplification System Building Recommendation Prepared for: Chief Aschenbrener page 52 Recommendation Summar Thank you for this opportunity to provide a recommendation on improving wireless coverage at the City of Mendota Heights Police Department. Konecta, LLC. (formerly JB Wireless, est.1999) has been meeting the growing demand for improving in -building cellular coverage in a wide variety of industries. We have installed this multi -carrier solution in many government buildings, schools and private businesses such as hotels, manufacturing plants, office buildings and medical facilities. The components Konecta will utilize are manufactured and certified to adhere to the new 2014 FCC requirements. All Konecta boosters are approved by the FCC and feature cell site protection that prevents any possibility of interference with cell towers. Therefore, blanket approval has been given by Sprint, ATT, Verizon and T - Mobile for the use of the booster systems we install. You will find there is no secondary contract with the Konecta Cellular Amplification System. There are no ongoing fees or subscriptions; the system is virtually maintenance free. Our contract simply requires a one-time investment for parts and installation. Additionally, there will be no need to access your existing IT network. Some ways you will benefit from our system are: Improved cell phone signal for all carriers with reliable voice, text and faster data speeds on 1X, 2G, 3G and 4G LTE. Extended battery life of cellular devices and these devices will be able operate at lower output levels thus reducing RF radiation. Our recommendation is based on building square footage, room(s) layout and the Konecta coverage formula. Signal can sometimes be blocked by certain building materials and structures, therefore, signal strength and coverage may vary slightly. For satisfactory coverage, additional antennas and parts may be needed at additional cost. Manufacturer's warranty is 3 years on any defective components. System updates made by your wireless carrier(s) may require a trip to re -tune our system. These updates are beyond our control and are not covered under labor warranty. Payment Terms: 40% down (non-refundable) balance due upon completion. Payable to: Konecta, LLC. Labor to be performed is quoted as during regular business Monday -Friday 8am-5pm. page 53 Limitation of Liability You expressly understand and agree that Konecta, LLC. and its officers and employees, shall not be liable to you for any punitive, indirect, incidental, special, consequential or exemplary damages, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if Konecta, LLC. has been advised of the possibility of such damages), resulting from: (a) The use or inability to use cellular service; (b) Any other matter relating to the cellular signal or service. Disclaimer of Warranties You expressly understand and agree that: No advice or information, whether oral or written, obtained by you from Konecta, LLC. shall create any warranty not expressly stated in the contract. Parts List Description: The parts required for this customized solution include Pro 70 Plus 5 Band SmarTech 70dB Gain Amplifier(s), Wide Band Directional Antenna(s), Wide Band Directional Donor Antenna Mounts, Dual Band Panel Wall or Ceiling Mount Interior Antenna(s), Splitters, Surge Protectors, Connectors, Power Strips and Cable. Labor includes replacement of inside and outside antennas, boosters and cable where necessary. The customer will supply power for boosters in data closets. System will be tuned to provide increased 2G, 3G, and 4G LTE signal for Verizon, AT&tT, Sprint and T - Mobile wireless phones. Due to carrier tower strength, inside signal strength for voice and data may vary slightly between carriers. Customer will provide conduit where required System will be tested during installation as well as after completion to ensure optimum performance on all carrier networks. Price Parts and Labor: The site survey revealed that there are several areas of the building which are in the negative 90+ Db range and require signal amplification. The areas for cellular enhancement include: Building Maintenance Office Lower Level/Hallway/ Sitting Areas on Main Level. First Floor/Second Floor page 54 The price for parts, labor, project design and pre/post testing to solve the issues determined by our site survey for the: Total Price $18,824 Existing System Credit -$3000 Total Investment $15,824 (GPS Coverage Enhancement additional $2,895) I agree to the above terms and conditions and accept this proposal: Customer Date Konecta, LLC. Date Thank you for the opportunity to earn your business. Konecta, LLC. is a local Twin Cities company that does business with some of the most well-known and respected companies nationwide. We have many references available upon request. Sincerely, Dave Schlange Konecta, Inc. www.konectausa.com cowman' in DATE: TO: FROM: SUBJECT: CITY OF MENDOTA HEIGHTS page 55 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com November 1, 2016 Mayor and City Council Mark McNeill, City Administrator Clerk/Receptionist Hire COMMENT: INTRODUCTION The Council is asked to approve the hiring of William Nelson for a shared Clerk/Receptionist position, and authorize a change of status for current Clerk Receptionist Pam Deeb from full time, to half time. BACKGROUND Current clerk/receptionist Pam Deeb has expressed a desire to reduce her status to half time, and so a shared position was created. After an update of the job description was approved by the City Council, a job posting was made, which sought applicants for what will be a half-time position. The two positions will alternate two and three day work weeks; one week, Ms. Deeb will work Monday and Tuesday; the next week she would work, Monday, Tuesday, and Wednesday. After reviewing the applications received, staff is recommending William Nelson to be hired for the newly created position. He has a variety of skills, and seems to be a good fit for what the City needs. We have negotiated a starting pay rate of $21.61 per hour, which is Step B of Pay Grade 10. He will receive benefits prorated to half time. The Council has previously authorized staff to do the hiring of certain part-time employee positions; however, this is one which is to come to the City Council for approval. BUDGET IMPACT There will be a slight savings in the overall budget, as the hiring rate of pay is below what is budgeted for the incumbent's budgeted pay. page 56 RECOMMENDATION I recommend that William Nelson be hired at Step B of grade 10, for an average of 20 hours per week. This would be effective November 7' 2016. I further recommend that the status of Pam Deeb be reduced from full time, to part time, effective the same date. ACTION REQUIRED If the Council concurs, it should, by motion, approve the following actions: 1. Authorize the hire of William Nelson as .5 FTE (full time equivalent) Clerk/Receptionist at Step B of pay grade 10, effective November 7, 2016. 2. Approve a change in status of Pam Deeb from Full time, to .5 FTE, also effective November 14, 2016. Mark McNeill City Administrator page 57 1101 Victoria Curve I Mendota Heights, MN 55118 551.451 8:50 phone 1 651 452.8940 fax WWW.mendota-he y ;ts.cor CITY OF MENDDTA HEIGHTS MEETINGDATE: TO: FROM: SUBJECT: BACKGROUND Significant Claims Request for City Council Action November 1, 2016 Mayor, City Council and City Administrator Kristen Schabacker, Finance DirectorV.N1M- Claims List Summary Met Council Environmental Srvcs — SAC & Sewer Charges Dakota Unlimited — Friendly Hills Hockey Boards/Fence Digital Ally — In Squad Camera Gartzke Construction — Storm Sewer Work Goodpoint Technology — Project Consulting Great River Greening — Valley Park Restoration LOGIS — IT. Services/ Police Support McNamara Contracting — Mendota Road Payment Stantec Consulting — Dodd Road Assistance/Planning Services Streichers — Uniforms Manual Checks Total System Checks Total $ 99,493.82 $ 26,924.00 $ 4,025.00 $ 11,460.00 $ 6,250.00 $ 5,000.00 $ 6,390.00 $ 31,287.61 $ 5,346.96 $ 3,860.02 $ 142,740.55 $ 149,195.49 Total for the list of claims for the November 1, 2016 city council meeting $ 291,936.04 RECOMMENDATION: Staff recommends that the Mendota Heighs City Council approve the list of claims for November 1, 2016. CITY OF MENDOTA HEIGHTS Claims List MANUAL CHECKS 10/26/16 MAN Account Comments DEPT Descr Amount page 58 10/28/16 9:45 AM Page 1 Search Name DAKOTA COUNTY E 01-4490-110-10 NOTARY FILING - DEEB Administration Search Name DAKOTA COUNTY Search Name I C M A RETIREMENT 457 G 01-2072 10/21/16 PAYROLL Search Name IC M A RE I IREMENT 457 Search Name INTERNAL REVENUE SERVICE G 01-2073 10/21/16 PAYROLL Search Name INTERNAL REVENUE SERVICE Search Name MENDOTA HEIGHTS FIRE RELIEF G 06-2035 REIMBURSE SUPP. BENEFITS Search Name MENDOTA HEIGHTS. FIRE RELIEF Search Name METRO COUNCIL ENVIRONMENT SVC R 15-3615 R 15-3320 E 15-4449-060-60 SEPT SAC SEPT SAC NOV SEWER SERVICE Search Name METRO COUNCIL ENVIRONMENT SVC Search Name NATIONWIDE Rt I IREMENT SOLUTION G 01-2072 10/21/16 PAYROLL Search Name NATIONWIDE RETIREMENT SOLUTION Search Name P 0 S T BOARD E 01-4220-020-20 Search Name P 0 S T BOARD LICENSE - F. LANASA Search Name SW/WC SERVICE COOPERATIVES E 01-4131-110-10 E 01-4131-020-20 E 01-4131-050-50 E 01-4131-070-70 E 05-4131-105-15 G 01-2071 G 01-2074 E 01-4131-110-10 G 01-2071 NOVEMBER 2016 HEALTH INSU NOVEMBER 2016 HEALTH INSU NOVEMBER 2016 HEALTH INSU NOVEMBER 2016 HEALTH INSU NOVEMBER 2016 HEALTH INSU NOVEMBER 2016 HEALTH INSU NOVEMBER 2016 HEALTH INSU NOVEMBER 2016 HEALTH INSU NOVEMBER 2016 HEALTH INSU Search Name SW/WC SERVICE COOPERATIVES Search Name UNITED WAY OF ST. PAUL G 01-2070 10/21/16 PAYROLL Search Name UNITED WAY OF ST. PAUL Search Name XCEL ENERGY E 45-4212-046-45 E 01-4211-320-70 E 45-4211-047-45 E 45-4211-046-45 Search Name XCEL ENERGY UTILITIES UTILITIES UTILITIES UTILITIES Utility Enterprise Police Administration Police Road & Bridges Parks & Recreation Engineering Enterprise Administration Golf Course Parks & Recreation Golf Course Golf Course $20.00 $20.00 $1,906.84 $1,906.84 $1,274.43 $1,274.43 $2,000.00 $2,000.00 -$24.85 $2,485.00 $97,033.67 $99,493.82 $50.00 $50.00 $90.00 $90.00 $4,313.20 $12,395.00 $4,958.00 $1,280.00 $2,528.00 $3,356.30 $5,772.00 $1,742.40 $517.60 $36,862.50 $54.00 $54.00 $42.61 $13.59 $862.00 $70.76 $988.96 $142,740.55 Account CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 11/01/16 PAY Comments DEPT Descr Amount page 59 10/28/16 9:46 AM Page 1 Search Name 4 PAWS ANIMAL CONTROL LLC E 01-4225-800-90 G 01-2035 E 01-4225-800-90 G 01-2035 AUGUST 2016 ANIMAL CONTR Animal Control AUGUST 2016 ANIMAL CONTR SEPTEMBER 2016 ANIMAL CON Animal Control SEPTEMBER 2016 ANIMAL CON Search Name 4 PAWS ANIMAL CONTROL LLC Search Name ADVANTAGE SIGNS & GRAPHICS E 01-4420-050-50 PLOW MARKERS E 01-4420-050-50 STREET SIGNS Search Name ADVANTAGE SIGNS & GRAPHICS Search Name AMERIPRIDE SERVICES E 01-4200-610-70 MAT SERVICE - PW GARAGE E 08-4335-000-00 MAT SERVICE - CITY HALL E 01-4200-610-70 MAT SERVICE - PW GARAGE E 01-4200-610-50 MAT SERVICE - PW GARAGE E 01-4410-050-50 UNIFORMS E 01-4200-610-50 MAT SERVICE - PW GARAGE E 15-4200-610-60 MAT SERVICE - PW GARAGE E 01-4410-050-50 UNIFORMS E 15-4200-610-60 MAT SERVICE - PW GARAGE Search Name AMERIPRIDE SERVICES Search Name APACHE GROUP E 01-4305-070-70 E 08-4335-000-00 Search Name APACHE GROUP Search Name AUTOZONE E 05-4330-490-15 E 01-4330-460-30 Search Name AUTOZONE Search Name BYRNES, KEVIN E 01-4490-080-80 Search Name BYRNES, KEVIN SUPPLIES - PARK SUPPLIES - CITY HALL Road & Bridges Road & Bridges Parks & Recreation Spec Fds Parks & Recreation Road & Bridges Road & Bridges Road & Bridges Utility Enterprise Road & Bridges Utility Enterprise Parks & Recreation Spec Fds EQUIPMENT REPAIR = ENGINE Engineering Enterprise EQUIPMENT REPAIR - FIRE Fire 3RD QTR 2016 ARC MEETINGS Planning Search Name C. DARLENE OEHLKE, CAP E 01-4220-080-80 10-25-16 PLANNING COMMISSI E 01-4220-110-10 10-18-16 CITY COUNCIL MINU Search Name C. DARLENE OEHLKE, CAP Search Name CAMELOT CLEANERS E 01-4410-020-20 Search Name CAMELOT CLEANERS Planning Administration AUG/SEPT UNIFORM CLEANIN Police Search Name CDW GOVERNMENT, INC E 01-4301-114-14 IT SUPPLIES Search Name CDW GOVERNMENT, INC Search Name CENTRAL IRRIGATION SUPPLY E 01-4330-215-70 EQUIPMENT REPAIR PARTS E 01-4330-215-70 EQUIPMENT REPAIR PARTS Info Tech Parks & Recreation Parks & Recreation $492.69 -$31.69 $558.96 -$35.96 $984.00 $398.00 $215.60 $613.60 $22.60 $178.14 $19.56 $19.56 $5.94 $22.60 $22.61 $5.94 $19.55 $316.50 $299.10 $138.96 $438.06 $30.60 $53.45 $84.05 $50.00 $50.00 $239.25 $125.50 $364.75 $185.40 $185.40 $1,463.36 $1,463.36 $121.62 $49.42 Account CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 11/01/16 PAY Comments DEPT Descr Amount page 60 10/28/16 9:46 AM Page 2 Search Name CENTRAL IRRIGATION SUPPLY Search Name 0 SPRAY, INC. E 15-4335-310-60 E 01-4335-310-50 E 01-4335-310-70 Search Name 0 SPRAY, INC. Search Name COMCAST E 45-4210-045-45 Search Name COMCAST Search Name COMMERCIAL ASPHALT EQUIPMENT REPAIR - SHOP EQUIPMENT REPAIR - SHOP EQUIPMENT REPAIR - SHOP Utility Enterprise Road & Bridges Parks & Recreation OCTOBER 2016 SERVICE - PAR Golf Course E 01-4422-050-50 ASPHALT Search Name COMMERCIAL ASPHALT Search Name COSTELLO, CHRISTINE E 01-4490-080-80 3RD QTR 2016 PLANNING MEE Search Name COSTELLO, CHRISTINE Search Name DAKOTA UNLIMITED E 10-4620-000-00 Search Name DAKOTA UNLIMITED Search Name DELL MARKETING L.P. Road & Bridges Planning FRIENDLY HILLS PARK FENCE Spec Fds E 01-4301-114-14 COMPUTER - IT Search Name DELL MARKETING L.P. Search Name DELTA DENTAL G 01-2074 G 01-2071 E 15-4131-060-60 E 08-4131-000-00 E 05-4131-105-15 E 01-4131-070-70 E 01-4131-050-50 E 01-4131-110-10 E 01-4131-020-20 Search Name DELTA DENTAL Search Name DIGITAL -ALLY E 01-4330-440-20 Search Name DIGITAL -ALLY Search Name DUNN, BILL E 01-4490-080-80 Search Name DUNN, BILL NOVEMBER 2016 DENTAL PRE NOVEMBER 2016 DENTAL PRE NOVEMBER 2016 DENTAL PRE NOVEMBER 2016 DENTAL PRE NOVEMBER 2016 DENTAL PRE NOVEMBER 2016 DENTAL PRE NOVEMBER 2016 DENTAL PRE NOVEMBER 2016 DENTAL PRE NOVEMBER 2016 DENTAL PRE NEW SQUAD CAMERA Info Tech Utility Enterprise Spec Fds Engineering Enterprise Parks & Recreation Road & Bridges Administration Police Police 3RD QTR 2016 ARC MEETINGS Planning Search Name ESS BROTHERS & SONS INC E 29-4337-000-00 STORM SEWER EQUIPMENT E 29-4337-000-00 STORM UTILITY SUPPLIES Search Name ESS BROTHERS & SONS INC Search Name FASTENAL INDUSTRIAL & CONSTR E 01-4305-070-70 OPERATING SUPPLIES - PARKS Spec Fds Spec Fds $171.04 $32.40 $32.40 $32.40 $97.20 $213.74 $213.74 $182.90 $182.90 $50.00 $50.00 $26,924.00 $26,924.00 $1,279.78 $1,279.78 $670.70 $1,064.20 $232.60 $44.60 $89.20 $321.80 $438.10 $160.90 $732.80 $3,754.90 $4,025.00 $4,025.00 $50.00 $50.00 $967.00 $518.50 $1,485.50 Parks & Recreation $2.66 CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 11/01/16 PAY Account Comments DEPT Descr Amount page 61 10/28/16 9:46 AM Page 3 Search Name FASTENAL INDUSTRIAL & CONSTR $2.66 Search Name FIELD, LITTON JR E 01-4490-080-80 3RD QTR 2016 PLANNING MEE Planning $75.00 Search Name FIELD, L1I ION JR $75.00 Search Name FIRE EQUIPMENT SPECIALTIES E 01-4305-030-30 OPERATING SUPPLIES - FIRE Fire $214.34 Search Name FIRE EQUIPMENT SPECIALTIES $214.34 Search Name FLEET SERVICES E 01-4200-610-20 SEPTEMBER 2016 SQUAD LEAS Police $3,400.50 Search Name FLEET SERVICES $3,400.50 Search Name FRONTIER AG &TURF E 01-4330-490-70 EQUIPMENT REPAIR - PARKS Parks & Recreation $65.06 Search Name FRONTIER AG & TURF $65.06 Search Name GARTZKE CONSTRUCTION INC E 29-4337-000-00 STORM SEWER REPAIRS E 29-4337-000-00 STORM SEWER REPAIRS Search Name GARTZKE CONSTRUCTION INC Spec Fds Spec Fds Search Name GARY CARLSON EQUIPMENT CO. E 29-4337-000-00 STORM WATER MAINTENANCE Spec Fds Search Name GARY CARLSON EQUIPMENT CO. Search Name GOODPOINT TECHNOLOGY, INC. E 01-4220-050-50 PROJECT CONSULTING Road & Bridges Search Name GOODPOINT TECHNOLOGY, INC. Search Name GOODYEAR COMML TIRE E 15-4330-490-60 EQUIPMENT REPAIR - UTILITY Utility Enterprise Search Name GOODYEAR COMML TIRE Search Name GRAFIX SHOPPE $4,500.00 $6,960.00 $11,460.00 $399.30 $399.30 $6,250.00 $6,250.00 $33.14 $33.14 E 01-4330-440-20 SQUAD GRAPHICS - PD Police $390.00 E 01-4330-440-20 SQUAD GRAPHICS - PD Police $495.00 E 01-4330-440-20 SQUAD GRAPHICS - PD Police $704.00 Search Name GRAFIX SHOPPE $1,589.00 Search Name GRANNIS & HAUGE, P.A. E 01-4222-120-20 SEPTEMBER 2016 PROSECUSTI Police Search Name GRANNIS & HAUGE, P.A. Search Name GREAT RIVER GREENING E 01-4330-215-70 VALLEY PARK VEGETATION MG Parks & Recreation Search Name GREAT RIVER GREENING Search Name HARDWOOD CREEK LUMBER INC E 05-4305-105-15 OPERATING SUPPLIES - ENGIN Engineering Enterprise $5,891.00 $5,891.00 $5,000.00 $5,000.00 $264.45 Search Name HARDWOOD CREEK LUMBER INC $264.45 Search Name HENNES, DOUG E 01-4490-080-80 3RD QTR 2016 PLANNING MEE Planning $50.00 Search Name HENNES, DOUG $50.00 Account CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 11/01/16 PAY Comments DEPT Descr Amount page 62 10/28/16 9:46 AM Page 4 Search Name HOECHST, SHAYNA E 01-4410-020-20 Search Name HOECHST, SHAYNA UNIFORMS REIMBURSEMENT Police Search Name HOME DEPOT CREDIT SERVICES E 01-4305-050-50 E 01-4305-070-70 E 08-4335-000-00 E 01-4305-070-70 E 15-4330-490-60 E 15-4305-060-60 OPERATING SUPPLIES - STREE OPERATING SUPPLIES - PARKS CLEANING SUPPLIES - CITY HA OPERATING SUPPLIES - PARKS EQUIPMENT REPAIR - UTILITY OPERATING SUPPLIES - UTILIT Search Name HOME DEPOT CREDIT SERVICES Search Name HOSE INC E 01-4330-490-70 E 15-4330-490-60 Search Name HOSE INC Road & Bridges Parks & Recreation Spec Fds Parks & Recreation Utility Enterprise Utility Enterprise EQUIPMENT REPAIR - PARKS Parks & Recreation EQUIPMENT REPAIR - UTILITY Utility Enterprise Search Name INNOVATIVE OFFICE SOLUTIONS E 01-4300-020-20 E 01-4300-020-20 E 01-4300-110-10 E 01-4300-040-40 E 01-4300-110-10 E 01-4300-110-10 E 01-4300-640-12 SUPPLIES - PD SUPPLIES - PD SUPPLIES - ADMIN SUPPLIES - CODE SUPPLIES - ADMIN SUPPLIES - ADMIN SUPPLIES - ELECTIONS Search Name INNOVATIVE OFFICE SOLUTIONS Search Name INTEGRA TELECOM E 05-4210-105-15 E 15-4210-060-60 E 01-4210-070-70 E 01-4210-110-10 E 01-4210-020-20 E 01-4210-040-40 E 01-4210-020-20 E 01-4210-050-50 Search Name INTEGRA TELECOM OCT-NOV 2016 TELEPHONE SE OCT-NOV 2016 TELEPHONE SE OCT-NOV 2016 TELEPHONE SE OCT-NOV 2016 TELEPHONE SE OCT-NOV 2016 TELEPHONE SE OCT-NOV 2016 TELEPHONE SE OCT-NOV 2016 TELEPHONE SE OCT-NOV 2016 TELEPHONE SE Search Name INTERSTATE BATTERY SYSTEM E 01-4330-440-20 E 01-4330-440-20 EQUIPMENT REPAIR - PD EQUIPMENT REPAIR - PD Search Name INTERSTATE BATTERY SYSTEM Search Name INTOXIMETERS E 01-4305-020-20 Search Name INTOXIMETERS Search Name LEL S G 01-2075 Search Name LEL S OPERATING SUPPLIES - PD NOVEMBER 2016 UNION DUES Search Name LAWSON PRODUCTS, INC E 01-4305-050-50 Police Police Administration Code Enforcement/Inspe Administration Administration Elections Engineering Enterprise Utility Enterprise Parks & Recreation Administration Police Code Enforcement/Inspe Police Road & Bridges Police Police Police $53.18 $53.18 $99.00 $99.00 $14.62 $88.36 $25.56 $99.00 $425.54 $6.16 $40.00 $46.16 $69.31 $22.73 $16.06 $9.44 $51.39 $46.47 $5.16 $220.56 $230.13 $337.93 $56.32 $460.26 $175.46 $92.05 $368.21 $56.32 $1,776.68 $219.95 $439.90 $659.85 $200.00 $200.00 $637.00 $637.00 OPERATING SUPPLIES - SHOP Road & Bridges $77.82 Account CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 11/01/16 PAY Comments DEPT Descr Amount page 63 10/28/16 9:46 AM Page 5 E 01-4305-070-70 OPERATING SUPPLIES - SHOP E 15-4305-060-60 OPERATING SUPPLIES - SHOP Search Name LAWSON PRODUCTS, INC Search Name LOCAL UNION NO. 70 G 01-2075 Search Name LOCAL UNION NO. 70 Search Name LOGIS E 01-4223-020-20 E 01-4301-030-30 E 01-4220-114-14 E 01-4220-114-14 Search Name LOGIS Search Name LORBERBAUM, SALLY E 01-4490-080-80 Search Name LORBERBAUM, SALLY NOVEMBER 2016 UNION DUES APPLICATION SUPPORT - PD APPLICATION SUPPORT - FIRE PROFESSIONAL IT SERVICE PROFESSIONAL IT SERVICES Parks & Recreation Utility Enterprise Police Fire Info Tech Info Tech 3RD QTR 2016 ARC MEETINGS Planning Search Name M T I DISTRIBUTING COMPANY E 45-4334-045-45 IRRIGATION SYSTEM WINTERI Search Name M T I DISTRIBUTING COMPANY Search Name MAGNUSON, MARY E 01-4490-080-80 Search Name MAGNUSON, MARY Golf Course 3RD QTR 2016 PLANNING MEE Planning Search Name MANSFIELD OIL COMPANY G 01-1210 FUEL Search Name MANSFIELD OIL COMPANY Search Name MCNAMARA CONTRACTING, INC. E 27-4460-794-00 MENDOTA ROAD WORK Search Name MCNAMARA CONTRACTING, INC. Search Name MENARDS E 01-4305-070-70 E 01-4305-070-70 E 01-4305-050-50 E 01-4305-050-50 E 08-4335-000-00 E 05-4305-105-15 Search Name MENARDS OPERATING SUPPLIES - PARKS OPERATING SUPPLIES - PARKS OPERATING SUPPLIES - STREE OPERATING SUPPLIES - STREE SUPPLIES - CITY HALL SUPPLIES - ENGINEERING Search Name MENDOTA HEIGHTS, CITY OF E 45-4427-045-45 2016 3RD QTR SEWER SERVIC Search Name MENDOTA HEIGHTS, CITY OF Search Name MENDOTA, CITY OF R 15-3400 G 15-1150 Search Name MENDOTA, CITY OF Search Name METRO SALES E 01-4301-114-14 3RD QTR 2016 SEWER BILLING SEWER PYMT REIMBURSEMEN Spec Fds Parks & Recreation Parks & Recreation Road & Bridges Road & Bridges Spec Fds Engineering Enterprise Golf Course $77.82 $77.82 $233.46 $63.75 $63.75 $2,588.00 $62.00 $2,530.00 $1,210.00 $6,390.00 $25.00 $25.00 $690.80 $690.80 $75.00 $75.00 $3,907.89 $3,907.89 $31,287.61 $31,287.61 $69.97 $85.41 $96.85 $139.45 $24.69 $112.72 $529.09 $291.35 $291.35 $668.30 $80.00 $748.30 RICOH/SP5300DN-RS PRINTER Info Tech $1,800.00 Account CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 11/01/16 PAY Comments DEPT Descr Amount page 64 10/28/16 9:46 AM Page 6 E 01-4220-110-10 Search Name METRO SALES Search Name MILLER, TRISTA E 01-4410-020-20 Search Name MILLER, TRISTA Search Name MN BENEFIT ASSN G 01-2071 Search Name MN BENEFIT ASSN Search Name MN DEPT OF TRSPT E 27-4460-794-00 Search Name MN DEPT OF TRSPT Search Name NATURE CALLS, INC E 45-4200-610-45 G 45-2035 E 01-4200-610-70 Search Name NATURE CALLS, INC RICOH/SP5300DN-RS CONTRA Administration UNIFORM REIMBURSEMENT Police NOVEMBER PREMIUM MENDOTA ROAD PROJECT Spec Fds SEPTEMBER 2016 RENTAL - PA Golf Course SEPTEMBER 2016 RENTAL - PA SEPTEMBER 2016 RENTAL - PA Parks & Recreation Search Name NCPERS GROUP LIFE INS. G 01-2071 NOVEMBER 2016 PREMIUM Search Name NCPERS GROUP LIFE INS. Search Name NEUHARTH, JIM E 01-4490-080-80 Search Name NEUHARTH, JIM Search Name NOONAN, MICHAEL E 01-4490-080-80 Search Name NOONAN, MICHAEL Search Name NORLING, GINA E 01-4490-080-80 Search Name NORLING, GINA 3RD QTR 2016 ARC MEE I INGS Planning 3RD QTR PLANNING MEtI ING Planning 3RD QTR 2016 ARC MEETINGS Planning Search Name OREILLY AUTO/FIRST CALL E 01-4305-050-50 E 01-4305-050-50 E 01-4305-050-50 E 01-4305-070-70 OPERATING SUPPLIES - STREE OPERATING SUPPLIES - STREE OPERATING SUPPLIES - STREE OPERATING SUPPLIES - PARKS Search Name OREILLY AUTO/FIRST CALL Search Name OXYGEN SERVICE CO E 15-4305-060-60 E 01-4305-050-50 E 01-4305-070-70 Search Name OXYGEN SERVICE CO OPERATING SUPPLIES OPERATING SUPPLIES OPERATING SUPPLIES Search Name PATRIOT DIAMOND INC E 01-4305-050-50 Operating Supplies - Streets Search Name PATRIOT DIAMOND INC Search Name PETERSEN, CHARLES K. E 01-4423-050-50 MAILBOX REIMBURSEMENT Road & Bridges Road & Bridges Road & Bridges Parks & Recreation Utility Enterprise Road & Bridges Parks & Recreation Road & Bridges Road & Bridges $262.00 $2,062.00 $123.17 $123.17 $15.79 $15.79 $853.47 $853.47 $63.59 -$4.09 $1,106.00 $1,165.50 $48.00 $48.00 $50.00 $50.00 $50.00 $50.00 $50.00 $50.00 $59.08 $38.67 $14.37 $14.36 $126.48 $38.33 $38.34 $38.33 $115.00 $318.00 $318.00 $34.27 CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 11/01/16 PAY Account Comments DEPT Descr Amount page 65 10/28/16 9:46 AM Page 7 Search Name PETERSEN, CHARLES K. $34.27 Search Name PETSCHEL, BRIAN E 01-4490-080-80 3RD QTR 2016 PLANNING MEE Planning $75.00 Search Name PETSCHEL, BRIAN $75.00 Search Name PITNEY BOWES E 01-4300-110-10 SUPPLIES Administration $99.42 Search Name PITNEY BOWES $99.42 Search Name PITNEY BOWES - PURCHASE POWER G 01-1210 POSTAGE $200.00 E 01-4490-640-12 POSTAGE Elections $8.99 Search Name PITNEY BOWES - PURCHASE POWER $208.99 Search Name ROSEMOUNT SAW & TOOL CO. E 01-4330-490-50 EQUIPMENT MAINTENANCE Search Name ROSEMOUNT SAW & TOOL CO. Search Name ROSTON, HOWARD E 01-4490-080-80 Search Name ROSTON, HOWARD Search Name SAFE -FAST, INC. E 01-4410-070-70 Search Name SAFE -FAST, INC. Search Name SETS DESIGN INC E 01-4410-020-20 Search Name SETS DESIGN INC Search Name SHARMA, ARVIND E 01-4490-080-80 Search Name SHARMA, ARVIND Search Name SHERWIN WILLIAMS E 01-4424-050-50 Search Name SHERWIN WILLIAMS Search Name SLOAN, DAVE E 01-4490-080-80 Search Name SLOAN, DAVE Search Name SOUTH EAST TOWING E 01-4305-020-20 Search Name SOUTH EAST TOWING Road & Bridges $65.00 $65.00 3RD QTR 2016 PLANNING MEE Planning $75.00 $75.00 CLOTHING Parks & Recreation $98.95 UNIFORMS - PD Police $812.00 $98.95 $812.00 3RD QTR 2016 ARC MEETINGS Planning $50.00 STRIPING PAINT $50.00 Road & Bridges $214.46 $214.46 3RD QTR 2016 ARC MEL I INGS Planning $50.00 $50.00 TOWING - REF CN# 16-0712 Police $200.00 $200.00 Search Name ST. PAUL STAMP WORKS E 01-4300-110-10 NOTARY STAMP - P. DEEB Administration $37.75 Search Name ST. PAUL STAMP WORKS $37.75 Search Name STANTEC CONSULTING SERVICES E 01-4220-135-80 PLANNING ASSISTANCE Planning E 01-4220-135-80 DODD ROAD CORRIDOR STUD Planning Search Name STANTEC CONSULTING SERVICES $2,013.96 $3,333.00 $5,346.96 CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 11/01/16 PAY Account Comments DEPT Descr Amount page 66 10/28/16 9:46 AM Page 8 Search Name STREICHERS E 01-4306-020-20 E 01-4410-020-20 E 01-4306-020-20 E 01-4306-020-20 E 01-4306-020-20 E 01-4306-020-20 E 01-4306-020-20 E 01-4306-020-20 E 01-4410-020-20 Search Name STREICHERS Search Name SUN LIFE E 15-4131-060-60 G 01-2074 G 01-2071 E 01-4131-020-20 E 05-4131-105-15 E 01-4131-050-50 E 01-4131-110-10 E 08-4131-000-00 E 01-4131-070-70 Search Name SUN LIFE UNIFORMS - LANASA UNIFORMS - FLEMMING UNIFORMS - LANASA UNIFORMS - LANASA UNIFORMS - LANASA UNIFORMS - LANASA UNIFORMS - LANASA UNIFORMS - RABERGE UNIFORMS - PETERSEN NOVEMBER 2016 TERM LIFE & NOVEMBER 2016 TERM LIFE & NOVEMBER 2016 TERM LIFE & NOVEMBER 2016 TERM LIFE & NOVEMBER 2016 TERM LIFE & NOVEMBER 2016 TERM LIFE & NOVEMBER 2016 TERM LIFE & NOVEMBER 2016 TERM LIFE & NOVEMBER 2016 TERM LIFE & Search Name TRIANGLE RUBBISH & RECYCLING E 01-4280-315-30 SEPTEMBER 2016 SERVICE - FI Search Name TRIANGLE RUBBISH & RECYCLING Search Name TWIN CITIES OCCUPATIONAL HLTH E 01-4306-020-20 PRE-EMPLOYMENT TESTS - PD Search Name TWIN CITIES OCCUPATIONAL HLTH Search Name TWIN CITY FIREPLACE & STONE R 01-3253 REFUND OF CANCELLED PERMI R 01-3315 REFUND OF CANCELLED PERMI Search Name TWIN CITY FIREPLACE & STONE Search Name TWIN CITY TELEPHONE E 01-4330-490-80 PHONE SET-UP E 01-4330-440-20 PHONE SET-UP Search Name TWIN CITY TELEPHONE Search Name U. S. BANK E 01-4400-070-70 E 01-4400-080-80 E 45-4300-045-45 E 01-4400-020-20 E 01-4490-110-10 E 01-4410-050-50 E 01-4305-020-20 E 08-4280-000-00 E 15-4330-490-60 Search Name U. S. BANK CONFERENCE - S. WALLGREN CONFERENCE - N. WALL OFFICE SUPPLIES - PAR 3 CONFERENCE - E. PETERSEN NOTARY RENEWAL - P. DEEB BOOTS - STREETS OPERATING SUPPLIES - PD RECYCLING - CITY HALL EQUIPMENT SUPPLIES - UTILIT Police Police Police Police Police Police Police Police Police Utility Enterprise Police Engineering Enterprise Road & Bridges Administration Spec Fds Parks & Recreation Fire Police Planning Police Parks & Recreation Planning Golf Course Police Administration Road & Bridges Police Spec Fds Utility Enterprise $49.98 $279.97 $385.94 $54.99 $219.97 $29.99 $1,541.70 $1,057.50 $239.98 $3,860.02 $96.22 $35.13 $1,324.63 $593.89 $84.09 $320.50 $260.67 $90.01 $251.36 $3,056.50 $53.10 $53.10 $839.00 $839.00 $75.00 $1.50 $76.50 $59.83 $119.67 $179.50 $395.00 $102.26 $78.13 $357.37 $120.00 $1,421.70 $58.41 $12.10 $551.24 $3,096.21 $149,195.49 CITY OF MENDOTA HEIGHTS page 67 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.9940 fax www.mendota-hei g hts.com Request for City Council Action MEETING DATE: November 1, 2016 TO: Mayor and City Council, City Administrator FROM: Mike Aschenbrener, Chief of Police Emergency Manager SUBJECT: Murphy Family Presentation COMMENT: Introduction The Council is asked to present a shadow box to the family of Garold "Jerry" Murphy. Background The Police Department has a history of creating a shadow box upon the retirement of an officer. In this case Officer Murphy did not have the opportunity to retire. He did ask for a leave of absence a few months before he passed away. Fortunately for the Police Department, that did not end his involvement in the department as he continued to stop by weekly. In August of 1967, Garold "Jerry" Murphy began volunteering time to the Police Department. He continued to volunteer and positively impacted the police department up until his passing on November 2, 2015. Budget Impact This is a budgeted item and the finance department confirmed the money was available. Recommendation It is with great honor that the members of the Police Department recommend you present the family of Officer Jerry Murphy with a shadow box of mementos from his time at the Mendota Heights Police Department. Action Required If the Council desires to implement the recommendation, please bring the Murphy family forward and present them with the shadow box. CITY OF MENDOTA HEIGHTS page 68 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 MEETING DATE: November 1, 2016 TO: Mayor and City Council, City Administrator FROM: Mike Aschenbrener, Chief of Police Emergency Manager SUBJECT: Oath of Office Presentation COMMENT: Introduction The Council is asked to do a ceremonial swearing in of Community Service Officer Eric Hagelee, Police Officer Frank LaNasa and Captain Kelly McCarthy. Background During the past few months the Police Department has presented the City Council several candidates for approval; September 20, 2016 Frank LaNasa was hired as a Police Officer, October 4, 2016 Kelly McCarthy was hired as a Police Captain and on September 20, 2016 Eric Hagelee was hired as a Community Service Officer. The candidates each bring a unique set of skills and credentials for their respective roles. Tonight the candidates will recite the Oath of Office and will then be individually sworn in by the Mayor. Recommendation Staff recommends the Mayor do the ceremonial Oath of Office for the three new employees of the Police Department. Action Required If the Council desires to implement the recommendation, bring the candidates forward, have them recite the Code of Conduct and be sworn in by the Mayor. Ea - CITY OF MENDOTA HEIGHTS 1101 Victoria Curve 1 Mendopagq za 181ghtss,,9MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com Request for City Council Action MEETING DATE: November 1, 2016 TO: Mayor and City Council, City Administrator FROM: Phil Carlson, AICP — Interim Planner SUBJECT: Resolution Approving Variance at 548 Butler Avenue West COMMENT: Introduction The application is for a variance to side setbacks to build a new garage in the same location as an existing garage. Background There is an existing one -car garage that does not meet required setbacks and the applicant wishes to replace it with a new two -car garage in essentially the same location, requiring variances. 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 Planning Commission held a public hearing on the matter on October 25, 2016. There were no public comments other than from the applicant. Budget Impact N/A Recommendation The Planning Commission recommended approval of the request, with conditions, as described in Planning Case 2016-39. If the City Council desires to implement the recommendation, pass a motion adopting RESOLUTION 2016-83 APPROVING A VARIANCE AT 548 BUTLER AVENUE WEST. Action Required This matter requires a simple majority vote. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2016-83 RESOLUTION APPROVING VARIANCES AT 548 BUTLER AVENUE WESTAND PID# 27-42100-08-010 page 70 WHEREAS, Kathleen Casper has applied for variances as proposed in Planning Case 2016-39 and described in Exhibit A; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this matter at their regular meeting on October 25, 2016. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the request as proposed in Planning Case 2016-39 is hereby approved with the following findings of fact: 1. The variance requests meet the tests in the code for practical difficulties: a. The property owner proposes to use the property in a reasonable manner. A garage structure of 528 square feet, designed to enclose two vehicles, is a reasonable use of a suburban residential property. b. The plight of the landowner is due to circumstances unique to the property not created by the landowner. This property is an irregularly shaped lot that tapers. The rear yard is substantially narrower than the front yard (45 feet vs. 115 feet wide). Because of this property's shape, the proposed garage could not fit elsewhere on the south side of the property without encroaching on either of the two side yards. If the garage were moved farther north toward the house, overall encroachment into the side yards would be less. However, this would require moving the property's driveway access further north and closer to the intersection of Butler Ave. and Chippewa Ave., where there is greater potential for traffic safety conflicts. In addition, the property slopes up south to north and placing the garage closer to the house to meet the required setbacks would require significant grading and site disturbance. c. The variance, if granted, will not alter the essential character of the neighborhood. A detached, two -car garage is consistent with the character of a low-density residential neighborhood. The proposed garage would not abut a residential structure; the nearest structure to the proposed garage is a detached garage on the 1130 Chippewa Ave. property. 2. The new garage represents reinvestment in a residential neighborhood that is consistent with the Comprehensive Plan's goals for residential land uses. BE IT FURTHER RESOLVED, by the Mendota Heights City Council variances as proposed in Planning Case 2016-39 are hereby approved with the following conditions: 1. The applicant must submit elevations depicting the height of the proposed structure, exterior building materials, and garage door heights to the City for review prior to issuance of a building permit. 2. The applicant shall obtain a building permit prior to construction. 3. All grading and construction activities as part of the proposed development sli°a'illtl n compliance with applicable federal, state, and local regulations and codes, as well as in compliance with the City's Land Disturbance Guidance Document. 4. The proposed detached garage shall be constructed in compliance with the applicable City Code performance standards noted in Section 12-1I. Adopted by the City Council of the City of Mendota Heights this first day of November, 2016. CITY COUNCIL CITY OF MENDOTA HEIGHTS ATTEST: Sandra Krebsbach, Mayor Lorri Smith, City Clerk page 72 EXHIBIT A Legal Description PID# 27-42100-08-010 Lot 1 Block 8, Kirchner Addition CITY OF MENDOTA HEIGHTS 1101 Victoria Curve 1 Mendopage za 181ghts,MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com Request for Planning Commission Action MEETING DATE: October 25, 2016 TO: Planning Commission FROM: Phil Carlson, AICP Interim Planner SUBJECT: Introduction Planning Case 2016-39 Variance - Garage Kathleen Casper, 548 Butler Avenue W COMMENT: The application is for a variance to side setbacks to build a new garage in the same location as an existing garage. Background There is an existing one -car garage that does not meet required setbacks and the applicant wishes to replace it with a new two -car garage in essentially the same location, requiring variances. 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. Recommendation Staff recommends the Planning Commission discuss the requests in this case and make a recommendation to the City Council. Action Required This matter requires a simple majority vote. 3. All grading and construction activities as part of the proposed development sli°allitlln compliance with applicable federal, state, and local regulations and codes, as well as in compliance with the City's Land Disturbance Guidance Document. 4. The proposed detached garage shall be constructed in compliance with the applicable City Code performance standards noted in Section 12-1I. Adopted by the City Council of the City of Mendota Heights this first day of November, 2016. CITY COUNCIL CITY OF MENDOTA HEIGHTS ATTEST: Sandra Krebsbach, Mayor Lorri Smith, City Clerk page 75 EXHIBIT A Legal Description PID# 27-42100-08-010 Lot 1 Block 8, Kirchner Addition page 76 Stantec Item No. 2016-39 MEMORANDUM Date: October 25, 2016 To: Mendota Heights Planning Commission From: Phil Carlson, AICP, Consulting Planner RE: Planning Case 2016-39: Casper Variance Request Action: Request for variance to side yard requirements in an R-1 zoning district to replace and enlarge an existing stand-alone garage Approve and determine conditions of approval Deadline: November 25, 2016 (60 days from complete application submittal) SITE CONTEXT Existing Zoning R-1 One -Family Residential Lot Area 12,304 square feet (.28 acres) Designated Future Land Use Low Density Residential Site Description and Present Use The subject site contains two structures, a single family home and a detached, one -car garage. The site is bordered to the north by Butler Ave. and to the east by Chippewa Avenue. The home faces Butler Ave. The lot is irregular in shape; the front yard along Butler Ave. is approximately 115 feet wide, tapering to a rear yard that is 45 feet wide. Driveway access to the property is currently through the east side yard off Chippewa Avenue. Surrounding Properties and Neighborhood All properties adjacent to the site and in its immediate vicinity are single family homes. The property is a corner lot that directly abuts two other properties. To the west is a single family home with an attached garage fronting Butler Ave. To the south is a single family home with a detached garage fronting Chippewa Ave. aiStantec page 77 Mendota Heights Planning Commission Item 2016-39 Casper Variance Request October 25, 2016 2 Project Description The applicant proposes to remove an existing 16' x 22' single -car garage and reconstruct a two - car garage in the same location. The existing garage is set back 16' to 20' from the property line and 29' from the curb. The proposed garage is 22' long by 24' wide, totaling 528 square feet. The driveway would also be enlarged from approximately 16' to 24' to span the width of the enlarged garage. ANALYSIS 1) This application requires two variances in order to construct a 528 square foot garage according to the applicant's proposed design: • For the west side yard: A variance to encroach the 10' side yard setback requirement for accessory structures larger than 144 square feet. See Section 12-1 D -3 -B -1-B-2. The proposed garage would extend approximately 1 foot into the west side yard setback for a distance of approximately 5'. • For the east side yard: A variance to encroach the 30'side yard setback requirement for side yards abutting a street. See Section 12-1 E -3-D-2. The proposed setback of the garage varies from 17 feet to 20' from the side yard lot line and is approximately 29' from the curb. 2) We believe that practical difficulties exist that restrict the applicant from conforming to setback requirements in this residential zoning district. The applicant meets the tests identified in Section 12-1 L-5 to establish the existence of practical difficulties: a) The property owner proposes to use the property in a reasonable manner. o A garage structure of 528 square feet, designed to enclose two vehicles, is a reasonable use of a suburban residential property. b) The plight of the landowner is due to circumstances unique to the property not created by the landowner. o This property is an irregularly shaped lot that tapers. The rear yard is substantially narrower than the front yard (45 feet versus 115 feet wide). Because of this property's shape, a 528 square foot garage could not fit elsewhere in the rear yard of the property without encroaching on either of the two side yards. If the garage were moved farther north toward the house, overall encroachment into the side yards would be less. However, this would require moving the property's driveway access further north and closer to the intersection of Butler Ave. and Chippewa Ave., where there is greater Stantec Mendota Heights Planning Commission Item 2016-39 Casper Variance Request page 78 October 25, 2016 3 potential for traffic safety conflicts. The graphic below shows the proposed garage location in gray and the location in orange that would meet the code setbacks - all the way north abutting the house. c) The variance, if granted, will not alter the essential character of the neighborhood. o A detached, two -car garage is consistent with the character of a low-density residential neighborhood. The proposed garage would not abut a residential structure; the nearest structure to the proposed garage is a detached garage on the 1130 Chippewa Ave. property. aiStantec page 79 Mendota Heights Planning Commission Item 2016-39 Casper Variance Request October 25, 2016 4 RECOMMENDATION The Planning Commission must determine the effect of the proposed variances upon the comprehensive plan and on the character and development of the neighborhood in forming its recommendation to the City Council. We recommend that both variances be recommended for approval, with the following conditions: 1. The applicant must submit elevations depicting the height of the proposed structure, exterior building materials, and garage door heights to the City for review prior to issuance of a building permit. 2. The applicant shall obtain a building permit prior to construction. 3. 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. 4. The proposed detached garage shall be constructed in compliance with the applicable City Code performance standards noted in Section 12-11. REQUESTED ACTION Following the public hearing and discussion, the Planning Commission may consider the following actions: 1. Recommend approval of the variances based on the attached findings of fact. OR 2. Recommend denial of the variances based on findings of fact. OR 3. Table the request, pending additional information from staff or others. page 80 Stantec Mendota Heights Planning Commission Item 2016-39 Casper Variance Request October 25, 2016 5 FINDINGS OF FACT FOR APPROVAL Variances for side setback for 548 Butler Avenue 1. The variance requests meet the tests in the code for practical difficulties. 2. The new garage represents reinvestment in a residential neighborhood that is consistent with the Comprehensive Plan's goals for residential land uses. Planning Case 2016-39 548 Butler Avenue West Date: October 25, 2016 0 40 SCALE IN FEET page 81 City of Mendota ALA`4'A Heights 115 \ \ \ \ \\ r\ \ 548 \ \� \ 560 \ a lb\ \1111 \ \ f \''N \ \ \\ \ \ 568 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, 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 82 September 26, 2016 City of Mendota Heights Planning Commission 1101 Victoria Curve Mendota Heights, MN 55118 Planning Committee Members: I am writing this letter of intent to request a Variance from the side, front and rear yard setbacks to allow a 24'x22', two car garage to be built, replacing the existing, original, 16'x22', single car garage on the property located at 548 Butler Ave West. In my opinion, this proposal puts the property to use in a very reasonable manner, much like other families in our neighborhood have enjoyed for years. The existing garage is inadequate for my family's need for vehicle and normal storage purposes. The current garage was built at a time when homes with single car garages were the norm and were adequate to accommodate most family's needs. Vehicles have gotten bigger, and our need for adequate storage space has increased. Times have changed and single car garages are largely a thing of the past. The circumstances unique to the property and that bring us to this request is the oddly shaped, but lovely, corner lot on which we live. The odd shape of the property creates a hardship and truly limits a reasonable location for the proposed garage within the specified setbacks of 30' from the road, 10' from the rear yard, and 10' from the side yard. We have looked at other possible sites for the garage, and found if built in those locations, our garage may become the focal point of the property and certainly would not fit with the overall character and feel of the neighborhood. Further, I believe a different location would split the yard in a highly visible, unattractive manner, and render a great deal of our yard useless. (Please see attached survey.) page 83 In my opinion, the variance, if granted, will fit beautifully with the character and charm of the neighborhood, and be a welcome improvement to the property. The design of the proposed garage is generally the same as the current garage, just a bit larger as noted. It is our desire to be good neighbors; respectful of our neighbor's property and mindful of the pride they demonstrate in the look and feel of the neighborhood. I believe that storing our vehicles in our garage and off of the driveway not only is more visually pleasing, but is also an important safety and security measure as well. I appreciate your consideration in this matter. Sincerely, Kathleen Casper 548 Butler Ave W Mendota Heights, MN 55118 Cell -763-202-5379 page 84 1101 Victoria Curve 1 Mendo a Heights, MN 55118 651.452.1550 phone 1 651.452.5940 fax www.inendota-heights.com CITY OF MENDOTA HEIGHTS PLANNING APPLICATION Office Use Only: Case # "-u l 6 - '1 1 Application Date: /Z Applicable Ordinance # i 2 - 1 Existing Zoning: P - - Existing Use S F fz./.4 Fee Paid: c• -5 v u W Staff Initials: Section: 3 le. �.1 . • Proposed Zoning: s 4 Proposed Use: + 4 aN,-- Property Address/Street Location: 548 Butler Avenue West p Applicant Name: Kathleen Casper Phone: 763-202-5379 Applicant E -Mail Address: dominosmom@comcast.net Applicant Mailing Address: 548 Butler Avenue West, Mendota Heights, MN 55118 Property Owner Name: Kathleen Casper Phone: 763-202-5379 Property Owner Mailing Address: 548 Butler Avenue West Mendota Heights, MN 55118 Legal Description & PIN of Property: (Complete Legal from Title or Deed must be provided) Lot 1 Block 8 Kirchner Addition Property ID 27-42100-08-101 Type of Request: LI Rezoning O Variance ❑ Lot Split/Adjustment ❑ Code Amendment ❑ Conditional Use Permit ❑ Interim Use Permit ❑ Wetlands Permit ❑ Critical Area Permit ❑ Appeal ❑ Preliminary/Final Plat Approval ❑ Comprehensive Plan Amendment ❑ 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 inspect the above property during daylight hours. Signature of Applicant Signature of Owner Date Z�-2o 1 Date Signature of Owner (if more than one) Date Planning Application (modified 6/1/2016) Page 1 of 1 2- 531(A page 85 1101 Victoria Curve Mendota Heights, MN 55118 651.452.1850 phone I 651.452.8940 fax www.mendota-heigiits_con; 0 rn CITY OP MENDOTA HEIGHTS VARIANCE 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 #: t Applicant: CASs d✓ Address: r -Y 3 g E !w The City Council may grant variances from the strict application of the provisions of the City Code and impose conditions and safeguards in the variances so granted in cases where there are practical difficulties in carrying out the strict letter of the regulations of the Code. "Practical difficulties", as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this chapter; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the neighborhood. Economic considerations alone do not constitute practical difficulties. Please consider these requirements carefully before requesting a variance. 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 submitted 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. Completed Application Form(s). Ai Letter of Intent. 24. Required Plans. APPLICANT MUST CHECK ALL APPLICABLE ITEMS INCLUDED IN THE SUBMITTAL Sketch Plan (to -scale drawing or certified survey, if determined necessary): Location and setbacks of all buildings on the property in question including both existing and proposed structures. Location of any easements having an influence upon the variance request. rrk ❑ Written consent and waiver of public hearing, in a form prescribed by the city, by the owners of property within one hundred feet (100') of the boundaries of the property for which the Variance Application (modified 4/5/2016) Page 1 of 3 page 86 variance is requested, accompanied by a map indicating the location of the property in question and the location of the property owners who have given consent; or, lacking such consent, a list of names and addresses of the owners of property within one hundred feet (100') of the boundaries of the property for which the variance is requested. If topography or extreme grade is the basis on which the request is made, all topographic contours shall be submitted. ❑ If the application involves a cutting of a curb for a driveway or grading a driveway, the N% applicant shall have his plan approved by the city public works director prior to construction. Please complete the attached questions regarding your request. Variance Application (modified 4/5/2016) Page 2 of 3 page 87 Please answer the following questions as they relate to the variance request. You may fill-in this form or create your own. 1. In your opinion, does the proposal put the property to use in a reasonable manner? YES ❑ NO Why or why not? Yes, I believe a 2 car garage with storage is a reasonable use of this property. There is already a 16x22 detached garage on the site. The existing garage is in disrepair and truly needs to be replaced. My family needs a two car garage so we can avoid parking on the street or leaving our cars in the driveway. 2. Please describe the circumstances unique to the property (not created by you). The property is a corner lot and very irregular in shape. 3. In your opinion, will the variance, if granted, fit with the character of the neighborhood? 0 YES ❑ NO Why or why not? I believe the proposed garage would definitly fit with the character of the neighborhood. There is a 16x22 detached garage already at the site. The proposed garage would be quite similar in style, but large enough to accommodate two vehicles and normal storage. The City Council must make an affirmative finding on all of the criteria listed above in order to grant a variance. The applicant for a variance has the burden of proof to show that all of the criteria listed above have been satisfied. Variance Application (modified 4/5/2016) Page 3 of 3 CERTIFICATE OF SURVEY I hereby certify that this is a correct representation of a survey of: Lot 1, Block 8, KIRCHNER ADDITION, Dakota County, Minnesota, according to the recorded plat thereof. And that this survey and certificate was prepared by me or under my direct supervision and that I am a duly licensed Land Surveyor under the laws of the State of Minnesota. c__>=1./.162.6P Grant D. Jacobson, N License No. 23189 Dated this 22nd Day of September, 2016 POWER POLE 0 BUTLER AVENUE CURB 0 page 88 SCALE IN FEET 20 40 1 1 1 10 30 S80°51,38„E 115.30 LOT 2 z u N PROPOSED 24'x22' GARAGE POWER POLE LLJ LULU 0 Q U ADDITIONAL CURB 8. EXISTING 16'x22' GARAGE TO BE REMOVED LOT 17 CUT EXISTING GRAVEL DRIVE DRIVE EXPANSION REVISIONS 9-22-16 GARAGE LOCATION PREPARED FOR: Kathleen Casper 548 Butler Avenue West Mendota Heights, MN 55118 JACOBSON ENGINEERS & SURVEYORS 21029 HERON WAY LAKEVILLE, MN 55044 (952) 469-4328 jacobson®engrsurv.com DRAWN: GDJ CHECKED: GDJ BEARINGS ARE ASSUMED DATUM PROJ: 216129 DATE: 9-20-16 SCALE: AS SHOWN o — DENOTES IRON MONUMENT F.B.: A Alexander Bisanz 1060 Esther Ln Mendota Heights Mn 55118-1844 Audrey N Longbehn 1100 Chippewa Saint Paul Mn 55118-1817 Charles W & Cheryl A Lennon 1063 Chippewa Saint Paul Mn 55118-1818 Cynthia J Schmidt 1135 Dodd Rd Saint Paul Mn 55118-1822 Dennis L & J A Forsberg 1111 Dodd Rd Saint Paul Mn 55118-1820 James P Mangold 1147 Dodd Rd Saint Paul Mn 55118-1822 Kathleen J Casper 548 Butler Ave W Mendota Heights Mn 55118 Louise M Koury 1057 Esther Ln Saint Paul Mn 55118-1826 Michael A Mohrlant 1129 Dodd Rd Mendota Heights Mn 55118 Patrick James Brophy 1123 Dodd Rd Saint Paul Mn 55118-1820 Amy Gerard 574 Butler Ave W Mendota Heights Mn 55118-1815 Carolyn D Shada 1054 View Ln Mendota Heights Mn 55118-1845 Christine Mary Solberg 1062 Chippewa Ave Mendota Heights Mn 55118 David E Jr Hicks 13 Beebe Ave Mendota Heights Mn 55118-1902 Donald David III & S Vanmeter 14 Beebe Ave Mendota Heights Mn 55118 Jeffrey Craig Schwartzbauer 1133 Dodd Rd Mendota Heights Mn 55118-1822 Keith B Christy 1064 Esther Ln Mendota Heights Mn 55118-1844 Mary L Ticiu 584 Spring St Saint Paul Mn 55118-1842 Michael L & Darlene Kluznik 1057 Chippewa Saint Paul Mn 55118-1818 Rachel A Lopez Cortes 560 Spring St Mendota Heights Mn 55118 page 89 Anthony E & Chris Wilfahrt 592 Spring St Saint Paul Mn 55118-1842 Charles J & Mary Jo Skemp 1060 View Ln Saint Paul Mn 55118-1845 City of Mendota Heights 1101 Victoria Cury Saint Paul Mn 55118-4167 David W Danneker 1131 Dodd Rd Saint Paul Mn 55118-1822 Evelyn D Hannegraf 1117 Dodd Rd Mendota Heights Mn 55118-1820 Jesus P Marquez 1050 View Ln Saint Paul Mn 55118-1845 Lily Ann Schultz 1056 Chippewa Mendota Heights Mn 55118-1817 Matthew J & Mary M Paquette 1119 Dodd Rd Saint Paul Mn 55118-1820 Neal R & Nancy Jo Duncanson 576 Spring St Saint Paul Mn 55118-1842 Richard P Rivers 546 John St Mendota Heights Mn 55118 Robert J Tste & Mavi Wegleitner 568 Spring St Mendota Heights Mn 55118 Scott M & Marsha Spatafore 1070 Chippewa Ave Saint Paul Mn 55118-1817 Wilfrid L Tste Oster 1068 Esther Ln Mendota Heights Mn 55118 Roy A & Suzan Koch 1099 Chippewa Ave Saint Paul Mn 55118-1819 Thomas J & Lynn Koury 1061 Esther Ln Saint Paul Mn 55118-1826 William & Joyce Herzog 571 Butler W Saint Paul Mn 55118-1814 page 90 Sara T Pierce 1076 Chippewa Ave Mendota Heights Mn 55118-1817 Vernon M Peterson 1055 Esther Ln Saint Paul Mn 55118-1826 William & Mary Ann Novotny 521 Ashley Ln Mendota Heights Mn 55118 Affidavit of Publication State of Minnesota SS County of Dakota JANINE GAFFNEY page 91 , 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 ND week, for 1 successive weeks; it was first published on SUNDAY , the 2 day of OCTOBER , 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 *abcdefghijklmnopqrstuvwxyz Subscribed and sworn to before me on this 3RD day of OCTOBER 16 Notary Public *Alphabet should be in the same size and kind of type as the notice. Y: TI L G A L COORDINATOR TY!' d'IFEHEAr, st ry Pub' Mint soca ?ec02-trik.sion apires t 01, 0' k. s-J->.z��r_a. �^ (1) Lowest classified rate paid by RATE INFORMATION 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 MENDOTA HEIGHTSi NOTICE OF HEARING A PUBLIC HEARING ONiA VARIANCE AT 546 BUTLER AVENUE WEST TO WHOM tT MAY CONCERN: NOTICE; is hereby given that the Planning Commission of Mendota' Heights will meet at 7:00 P.M or as soon as passible thereafter, on Tuesday, October 25, 2016 in the' City Hafl Council Chambers, 1101' Victoria Curve, Mendota Heights,! Minnesota, to consider a variance request at 546 Butter Avenue West..' This request has been assigned Planning Case number 2016-39. This notice is pursuant to Title 12 (Zoning) of the Mendota Heights City code. Sueh persons as desire to he heard with reference to this request will be heard at this meeting, Lorri Smith City Clerk t w: Oct. 2, 2016) (South -Wes Revie page 92 Ea - CITY OF MENDOTA HEIGHTS 1101 Victoria Curve 1 Mendopagq za 1 1ghtss,, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com Request for City Council Action MEETING DATE: November 1, 2016 TO: Mayor and City Council, City Administrator FROM: Phil Carlson, AICP — Interim Planner SUBJECT: Resolution Approving Conditional Use Permit at 1450 Mendota Heights Road COMMENT: Introduction The applicant is seeking approval of a conditional use permit to construct a solar energy system in the side and rear yard of the Minnesota Knits facility. Background Mendota Heights recently adopted and then revised its solar energy system ordinance. There is ambiguity in the code as to the location requirements — rear yard only or both side and rear yards. This is addressed in the staff report but should be addressed in a zoning code amendment at some point in the future. Discussion The applicant is proposing a solar array in the side and rear yards of the Minnesota knits facility that meets the area requirements of the code. The Planning Commission held a public hearing on the matter on October 25, 2016. There were no public comments. Budget Impact N/A Recommendation The Planning Commission recommended approval of the request, with conditions, as described in Planning Case 2016-40. If the City Council desires to implement the recommendation, pass a motion adopting RESOLUTION 2016-84 APPROVING A CONDITIONAL USE PERMIT AT 1450 MENDOTA HEIGHTS ROAD. Action Required This matter requires a simple majority vote. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2016-84 page 94 RESOLUTION APPROVING A CONDITIONAL USE PERMIT AT 1450 MENDOTA HEIGHTS ROAD AND PID# 27-36450-01-011 WHEREAS, Ideal Energies LLC, on behalf of the property owners, has applied for a conditional use permit as proposed in Planning Case 2016-40 and described in Exhibit A; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this matter at their regular meeting on October 25, 2016. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the request as proposed in Planning Case 2016-40 is hereby approved with the following findings of fact: 1. The proposal meets the spirit and intent of the code dealing with solar energy systems. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the conditional use permit request as proposed in Planning Case 2016-40 is hereby approved with the following conditions: 1. That the applicant constructs a fence or other form of visual screening along the south and west sides of the property, to be approved by the City Engineer. 2. That trees are removed properly in accordance to City standards, as discussed in section 3-4-2 of the City code. 3. That the applicant provides proper utility connection and safety documentation. 4. That the applicant applies for all additional required permits including a building permit. Adopted by the City Council of the City of Mendota Heights this first day of November, 2016. CITY COUNCIL CITY OF MENDOTA HEIGHTS ATTEST: Sandra Krebsbach, Mayor Lorri Smith, City Clerk page 95 EXHIBIT A Legal Description PID# 27-36450-01-011 Lot 1 Block 1 Inland Industrial Park, except Parcel 340C of Minnesota Right -of -Way Plan 19-93 and 19-102 Ea - CITY OF MENDOTA HEIGHTS 1101 Victoria Curve 1 Mendopagq za 1 1ghtss,,GMN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com Request for Planning Commission Action MEETING DATE: October 25, 2016 TO: Planning Commission FROM: Phil Carlson, AICP Interim Planner SUBJECT: Introduction Planning Case 2016-40 Conditional Use Permit for Solar energy System Ideal Energies on Minnesota Knits facility at 1450 Mendota Heights Road COMMENT: The applicant is seeking approval of a conditional use permit to construct a solar energy system in the side and rear yard of the Minnesota Knits facility. Background Mendota Heights recently adopted and then revised its solar energy system ordinance. There is ambiguity in the code as to the location requirements — rear yard only or both side and rear yards. Discussion The applicant is proposing a solar array in the side and rear yards of the Minnesota knits facility that meets the area requirements of the code. Recommendation Staff recommends the Planning Commission discuss the request in this case and make a recommendation to the City Council. Action Required This matter requires a simple majority vote. page 97 Stantec Item No. 2016-40 MEMORANDUM Date: October 25, 2016 To: Mendota Heights Planning Commission From: Phil Carlson, AICP, Consulting Planner; RE: Planning Case 2016-40: Ideal Energies Solar CUP Conditional Use Permit (CUP) to build accessory solar energy system, 1450 Mendota Heights Road, Minnesota Knitting Mills property Action: Approve CUP Deadline: Nov. 25, 2016 (60 days from complete application submittal) SITE CONTEXT Existing Zoning 1-1 General Industrial Lot Area 135,975 sf (3.12 acres) Designated Future Land Use Industrial Site Description and Present Use The subject site is 3.12 acres in size. The site is bounded by Highway 13 to the west, Mendota Heights Road to the north, Northland Drive to the east, and Econ Place immediately south. The site is currently home to the Minnesota Knitting Mills, a 50,000 square feet industrial manufacturing facility. The site is generally flat with slopes increasing steeply at the back of the site, towards a Highway 13 drainage ditch. The site is visually screened from Highway 13 by thick tree cover. There are a few trees along Mendota Heights Road and Northland Drive which screen the side yards of the site. There is a 20' easement along the west side of the site. The property and all setbacks and easements are illustrated in Figure 1. Surrounding Properties and Neighborhood The subject site is surrounded by industrial and commercial land uses and is located in the Mendota Heights Industrial Park. All properties immediately surrounding the Minnesota Knitting Mills property are developed as large-scale industrial or commercial properties. Stantec page 98 Mendota Heights Planning Commission Item 2016-40 Ideal Energies Solar CUP October 25, 2016 2 West of Highway 13 is Fort Snelling State Park and land is guided natural preserve. East of site is the industrial park, which features educational, medical, hotel, and commercial uses. Project Description The applicant is requesting a conditional use permit for the construction of accessory, ground - mounted solar arrays along the side (south) and rear (east) yards of the Knitting Mills property. The applicant has been working with the property owner to develop a site plan that meets the needs of the property owner and City's regulations. A description of the proposed solar array includes: • 60 kW in total power generation • Solar arrays mounted to the ground by posts • Size: one array of 10' x 159'on south side, three arrays of 10' x 210' on the east side • Maximum of 9 feet in height • Located at least 15' from all property lines and 30' from neighboring dwellings • Blue and silver in color and featuring anti -glare technology ANALYSIS Section 12-1L-6: Conditional Uses We have analyzed this application for a conditional use permit according to Section 12-1 L -6.B.2: a. Site Development Plan 1. Location of all buildings on the property in question, including both existing and proposed structures These structures are shown in Figure 4. 2. Location of all adjacent buildings located within three hundred fifty feet (350') of the exterior boundaries of the property in question. These structures are shown in Figure 2. 3. Floor Area Ratio Not applicable 4. Location and number of existing and proposed parking spaces Not applicable aiStantec page 99 Mendota Heights Planning Commission Item 2016-40 Ideal Energies Solar CUP October 25, 2016 3 5. Vehicular Circulation Not applicable 6. Architectural elevations (type and materials used of all external surfaces). A rendering of the proposed arrays is shown in Figure 3. 7. Sewer and water alignment, existing and proposed Not applicable 8. Location and candle power of all luminaries Not applicable 9. Location of all existing easements The 20' easement on the subject site is shown in Figure 1. b. Dimension Plan, which shall include: 1. Lot dimensions and area Shown in Figure 2 2. Dimensions of proposed and existing structures Shown in Figure 4 3. Typical floor plan and typical room Not applicable 4. Setbacks on all buildings located on property in question Shown in Figure 4 5. Proposed setbacks Not applicable c. Grading Plan Not applicable. The applicant does not intend to grade materials to install solar arrays. d. Landscape Plan 1. Location of all existing trees, type, diameter and which trees will be removed Shown in Figure 5 2. Location, type and diameter of proposed plantings Not applicable. The applicant does not propose plantings. 3. Location and material used of all screening devices Not applicable. The applicant does not propose screening devices. Stantec page 100 Mendota Heights Planning Commission Item 2016-40 Ideal Energies Solar CUP October 25, 2016 4 Section 12-1D-18: Alternative Energy Systems We have analyzed this application for a conditional use permit according to Section 12-1 D-18: 4. Ground Mounted Systems a. Height: The maximum height of the system shall not exceed fifteen feet (15') in height from the average natural grade at the base of the system. The proposed maximum height is 9'. b. Setbacks: The system shall be set back a minimum on fifteen feet (15') from all property boundary lines and thirty feet (30') from all dwellings located on adjacent lots, including appurtenant equipment. The applicant meets setback requirements, as shown in Figure 4. c. Location: The system shall be limited to rear yards in all zoning districts. The applicant is requesting that the system be located in the rear (east) and side (south) yards. The recent revisions to the solar code, adopted September 6, 2016 discuss the lot coverage limits of the solar array. In the amended Section 12-1 D -18-4.d, the code refers to the size of a solar array in either the rear and side yards. Part c. of that same section says systems are only allowed in rear yards. My opinion is that this is an error and oversight in amending the code and we assume that in business and industrial districts, solar arrays are intended to be allowed in both side and rear yards. When there is ambiguity or a contradiction in the code, common practice is to interpret the code in favor of the applicant. d. (2) Business and Industrial Districts: The system shall be limited in size to no more than twenty five percent (25%) of the rear or side yard in which the system is located. In the rear (east) yard, the proposed arrays will be 2,105 square feet, a total coverage of 8.84%. In the side (south) yard, the proposed arrays will be1,590 square feet, a total coverage of 18.86%. 5. Screening: Solar energy systems will be screened from view to the extent possible without 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. The applicant states that "two trees will provide natural screening from Northland Drive and the rest of the sides are buffered by trees and/or a fence." There are no trees or fences along the side (south) yard. Stantec page 101 Mendota Heights Planning Commission Item 2016-40 Ideal Energies Solar CUP October 25, 2016 5 6. Color: Solar energy systems shall use colors that are not visually incompatible with the color of the roof material on which the system is mounted or other structures. The proposed solar panels are blue and silver. The applicant states that these colors will "blend in nicely with the existing site improvements". 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. The proposed panels use anti -glare technology. 8. Utility Connection The applicant states that the array will "meet all utility connection and safety standards". 9. Safety The applicant states that the array will "meet all utility connection and safety standards". 10. Easements: Solar energy systems shall not encroach upon any public drainage, utility, roadway or trail easements. There is a 20' easement in the rear (west) yard. The project does not encroach on this easement. 11. Abandonment: Any solar energy system which remains non-functional 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 a demolition permit. The applicant states that "this solar array should last at least 40 years, so abandonment should not be an issue". Section 12-1 D -13-2C7: Alternative Energy Systems Staff have analyzed this application to approve a conditional use permit according to the information required in Section 12 -1D -13-2C7: 7. Screening of Mechanical Utilities: Whenever possible, rooftop mechanical units shall be of 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. Where practicable, rooftop screening shall be accomplished through the use of parapet walls. Stantec page 102 Mendota Heights Planning Commission Item 2016-40 Ideal Energies Solar CUP October 25, 2016 6 Although a solar energy system is not explicitly defined as a mechanical utility, we recommend it be treated as such. The screening and security offered by a fence creates a safer and more visually cohesive site. POTENTIAL IMPACTS OF PROPOSED SOLAR ARRAYS Screening: The applicant states that "two trees will provide natural screening from Northland Drive and the rest of the sides are buffered by trees and/or a fence." There are numerous trees along the east side of the property but few trees along the south side of the property. The construction of a fence on the south side of the property may be needed for additional screening. Trees: Three trees will be removed on the south side of the property for the construction of the solar array. These trees must be removed by a licensed contractor, as stated in section 3-4-2 of the code. Color: The applicant notes that the color of the panels will be blue and silver and that these colors will "blend in nicely with the existing site improvements". If proper screening is in place, there will be no impacts of the color of the panels. Glare: There will be no glare associated with the addition of solar panels. Site Coverage and Runoff: Site coverage is limited in industrial sites to manage stormwater runoff. By limiting the amount of impervious surfaces in side, rear and front yards, water is able to infiltrate into the ground. The proposed site plan limits yard coverage to less than 19%, which meets the City standard. Safety: The applicant states that the solar arrays will "meet all utility connection and safety standards" but does not elaborate on how these standards will be met. RECOMMENDATION We recommend that the Planning Commission recommend the approval of the conditional use permit for the construction of solar arrays on the Minnesota Knitting Mills property, with the following conditions: 1) That the applicant constructs a fence or other form of visual screening along the south side of the property, to be approved by the City Engineer. 2) That trees are removed properly in accordance to City standards, as discussed in section 3-4-2 of the City code. 3) That the applicant provides proper utility connection and safety documentation. 4) That the applicant applies for all additional required permits including a building permit. page 103 Stantec Mendota Heights Planning Commission Item 2016-40 Ideal Energies Solar CUP October 25, 2016 7 REQUESTED ACTION Following the public hearing and discussion, the Planning Commission may consider the following actions: 1. Recommend approval of the conditional use permit based on the attached findings of fact. OR 2. Recommend denial of the conditional use permit based on the attached findings of fact. OR 3. Table the request, pending additional information from staff or others. FINDINGS OF FACT FOR APPROVAL Conditional Use Permit for 1450 Mendota Heights Road 1. The proposal meets the spirit and intent of the code dealing with solar energy systems. FINDINGS OF FACT FOR DENIAL Conditional Use Permit for 1450 Mendota Heights Road 1. The proposal does not meet the letter of the code regarding location of solar energy systems in the rear yard only. Figure 1: MN Knitting Mills Property, Setbacks, and Easements Figure 2: Parcel and Yard Area Figure 3: Rendering of Proposed Solar Panels Figure 4: Proposed Site Plan Figure 5: Landscaping Plan Planning Case 2016-40 1450 Mendota Heights Road Date: October 25, 2016 0 100 SCALE IN FEET page 109 li AJCity 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, 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 110 Letter of Intent To: Nolan Wall, Planner City of Mendota Heights From: Rich Ragatz Ideal Energies RE: Letter of Intent for a Conditional Use Permit for a 60 kW, ground -mounted solar array at Minnesota Knitting Mills located at 1450 Mendota Heights Road in Mendota Heights, MN. Nolan: Ideal Energies is working with Minnesota Knitting Mills to install a 60 kW, ground - mounted solar array along the southern and western side/rear yards of the property. As a result, we are asking the City of Mendota Heights Planning Commission and City Council for a Conditional Use Permit. According to the recently adopted Alternatively Energy Systems Code (12-1D-18), the following details show that we meet the standards. The height of the system will be a maximum of 9 feet. The system is set back at least 15 feet from all property lines and at least 30 feet from all dwellings located on adjacent lots. On the south side of the building, the ground -mounted solar array will be 10 feet wide by 159 feet long or 1,590 square feet and a total land area of 8,432 square feet. This results in a solar array coverage of 18.86% (1,590 square feet/8,432 square feet). On the west side of the building the ground -mounted solar array will be 10 feet wide by 210.5 feet long or 2,105 square feet and a total land area of 23,800 square feet. This results in a solar array coverage of 8.84% (2,105 square feet/23,800 square feet). From a screening perspective, two trees will provide natural screening from Northland Drive and the rest of the sides are buffered by trees and/or a fence. The color of the solar system is blue solar panels and silver framing which should blend in nicely with the existing site improvements. There should not be a problem with glare, the panels face directly south and are at a 30% angle and have anti -glare technology, so nobody will be able to see the glare. The solar array will meet all utility connection and safety standards. With regards to easements, there is only one that is along the western boundary (20 feet) and the array is 20 feet from the boundary, so we are not infringing. This solar array should last at least 40 years, so abandonment should not be an issue. With regards to a landscape plan, three trees will be removed to make room for the ground - mounted solar array. See attached landscape plan. Moving east to west on the southern part page 111 of the property, we will be removing a 12.1 inch in diameter silver maple, a 29.0 inch in diameter blue ash, and a 21.0 American beech. We look forward to discussing the details of this ground -mounted solar array for Minnesota Knitting Mills with the City of Mendota Heights. PLANNING APPLICATION WI ;manna Caw 'tuwtrte kvtghtt wt 'Alta BK 45211 QWmnC ' BSL4 2n 40 tar ski iartbelMOltdhdWMtW m page 112 401i'mdlen:riste APPlinablb i>: z4 j!1. E ti"p ate • ..?2-` bio 44:-1061A;; .0.444 l Eli Property Address/Street Location: I y S Q /h s it d o }d 4e i j_ Jf t o a Appliart NerneilaieLjkal210—tSly Applicant Address: rU k . r etri a. il► : Js u lt„ erg: ♦ i . c aios ►tic. 4/-( Applicant Mang Address: SSlo Alica til. " L.e.i.•s e � "Viet polar/killfsr�tg Property Omer Name: Km:I•ca Phone (4$i) '!SL— 17-1108 Property Owner Mailing Address: tk•SO A.0.1�'a fe k#i prJT, IL..L1'w g f Legal Description & PIN of Property: (Complete Legal from Tide or Deed must be previd t0resl it: 11— 3i►4SQ—a1-pt1 • tern: tnipn7lito (.4.11,;41 fact(t l,. F I re4. k i exrfgf t text 710 G AN 4/40 TypeorRequest -t1g4- 14— 13 f t9 —nal. , Atoka* 04:04, p.t►d4 ( '►t D Rezoning D Valance • Lot Spill/Adjustment D Code Amendment X Conditional Use Permit t3 Wallande Pamntt D Critical Area Permit D appeal D *trim Use Permit D Preliminary/Final Plat Approval D Comprehensive Plan Amendment D Other 1 hereby declare that all statements made In this request and on **additional material are tore. 1 further authorize qtr Officials and agents to kmppat the above properly during daylight holds. Planning Application (modNad 8W/2014 Page 1of1 GROUNDHXEDTILT :!UNIRAI.tl GROUND FIXED TILT (GFT) has evolved from more than 12 years of experience meeting a variety of project requirements. A synergy of steel components and aluminum parts deliver performance with the lowest system cost. Installation savings are captured through efficiently engineered components, optional pre -assembled parts and integrated bonding for optimized construction sequencing. 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PROTECT YOUR REPUTATION WITH QUALITY RACKING SOLUTIONS BACKED BY ENGINEERING EXCELLENCE AND A SUPERIOR SUPPLY CHAIN 1480 Stotts Associates Limited Partner 167 Stonebrige Rd Saint Paul Mn 55118-4481 Lamar LLC %Treasurer 1255 Trapp Rd Eagan Mn 55121 Northland Drive Business Center LLC 2522 Northland Dr Mendota Heights Mn 55120 State of Mn - Dnr % Tax Specialist Box 45 500 Lafayette Rd Saint Paul Mn 55155 Great Northern Property Development 2515 Northland Dr Mendota Heights Mn 55120 Lloyds Food Products Inc % Lloyds Barbeque Company LLC 1 Hormel PI Austin Mn 55912 Pilot Knob LLC 1625 Energy Park Dr Ste 100 Saint Paul Mn 55108-2703 State of Mn - Dot % Dir of Land Mgmt Stop 630 395 John Ireland Blvd Saint Paul Mn 55155 page 116 Knitco Limited Partnership % President 1450 Mendota Heights Rd Mendota Heights Mn 55120 Mendota Mgmt Co LLC 2515 Pilot Knob Rd Mendota Heights Mn 55120-1135 Pilot Knob LLC 1625 Energy Park Dr Ste 100 Saint Paul Mn 55108-2703 Sun Country Real Estate Holdings LLC 1300 Mendota Heights Rd Mendota Heights Mn 55120 Affidavit of State of Minnesota SS County of Dakota 1} JANINE GAFFNEY ubliccafion page 117 , 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 ND week, for 1 successive weeks; it was first published on SUNDAY , the 2 day of OCTOBER , 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 *abcdefghij klmnopq rstuvwxyz Subscribed and sworn to before me on Rthis 3RD day of OCTOBER I 16 -.173.- Notary Public TITLE AL COORDINATO *Alphabet should be in the same size and kind of type as the notice. RATE INFORMATION (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 118 CITY OF MENDOTA HEIGHTS NOTICE OF HEARING A PUBLIC HEARING ON A CONDITIONAL USE PERMIT AT 1450 MENDOTA HEIGHTS ROAD 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, October 25, 2016 in the City Hall Council Chambers, 1101 Victoria Curve, Mendota Heights, Minnesota, to consider a conditional use permit request at 1450 Mendota Heights Road. This request has been assigned Planning Case number 2016-40. 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: Oct. 2, 2016) Ea - CITY OF MENDOTA HEIGHTS 1101 Victoria Curve 1 Mendota1eign s 9N 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com Request for City Council Action MEETING DATE: November 1, 2016 TO: Mayor and City Council, City Administrator FROM: Phil Carlson, AICP — Interim Planner SUBJECT: Resolution Approving Critical Area Permit and Conditional Use Permit at 1010 Sibley Memorial Highway COMMENT: Introduction The applicant is seeking permits to remove nine trees and buckthorn/underbrush on a single family property in the Mississippi River Critical Area. Background The property in question was subdivided into two lots in 2014. The larger lot has an existing home and garage. The smaller lot is not yet built on and is the location of the proposed tree removal. The Critical Area Overlay District requires permits for removals of trees. The applicant provided information and materials with the original application that were incomplete and unclear. This was remedied and I visited the site with the applicant and his attorney to clarify what was being proposed. On that visit I saw an adjacent area of bare ground that had been recently cleared and there is no record of a permit for that work. This area should be protected from erosion and sedimentation and as discussed in the attached report. Discussion The applicant provided revised drawings that are sufficient to review the application. The Planning Commission held a public hearing on the matter on October 25, 2016. There were a number of public comments from neighbors adjacent to the property describing previous work on the property involving grading and removal of vegetation late in the evening, with heavy equipment, in an area that is different from, but adjacent to, the area involved with the current request. Budget Impact N/A Recommendation The Planning Commission recommended approval of the request, with conditions, as described in Planning Case 2016-41. If the City Council desires to implement the recommendation, pass a motion adopting RESOLUTION 2016-85 APPROVING A CRITICAL AREA PERMIT AND CONDITIONAL USE PERMIT AT 1010 SIBLEY MEMORIAL HIGHWAY. Action Required This matter requires a simple majority vote. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2016-85 page 120 RESOLUTION APPROVING A CRITICAL AREA PERMIT AND CONDITIONAL USE PERMIT AT 1010 SIBLEY MEMORIAL HIGHWAY AND PID# 27-03700-08-010 WHEREAS, Jerry Trooien has applied for a critical area permit and a conditional use permit as proposed in Planning Case 2016-41 and described in Exhibit A; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this matter at their regular meeting on October 25, 2016. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the request as proposed in Planning Case 2016-41 is hereby approved with the following findings of fact: 1. The property is within the Critical Area and subject to code requirements of the Critical Area Overlay District. 2. The work proposed involved is reasonable and within the spirit and intent of the Critical Area, if done carefully and professionally. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the critical area permit and conditional use permit request as proposed in Planning Case 2016-41 is hereby approved with the following conditions: 1. Removal of trees and underbrush is performed by a qualified professional and only between the hours of 7:00 a.m. and 7:00 p.m. 2. Removal of trees and underbrush is confined to the area and the vegetation defined on drawings and photos accompanying the application. 3. Erosion and sedimentation measures to be approved by the City Engineer will be put in place in the area noted as well as the area of open soil adjacent to it to the south until ground cover can be established. Adopted by the City Council of the City of Mendota Heights this first day of November, 2016. CITY COUNCIL CITY OF MENDOTA HEIGHTS ATTEST: Sandra Krebsbach, Mayor Lorri Smith, City Clerk page 121 EXHIBIT A Legal Description PID# 27-03700-08-010 Lot 8, Auditors Subdivision No. 2 Mendota CITY OF MENDOTA HEIGHTS 1101 Victoria Curve 1 Mendota1eigh 12MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com Request for Planning Commission Action MEETING DATE: October 25, 2016 TO: Planning Commission FROM: Phil Carlson, AICP Interim Planner SUBJECT: Introduction Planning Case 2016-41 Critical Are Permit and Conditional Use Permit for tree cutting and clearing of buckthorn and underbrush Jerry Trooien, 101 Sibley Memorial Highway COMMENT: The applicant is seeking permits to remove nine trees and buckthorn/underbrush on a single family property in the Critical Area. Background The property in question was subdivided into two lots in 2014. The larger lot has an existing home and garage. The smaller lot is not yet built on and is the location of the proposed tree removal. The Critical Area Overlay District requires permits for removals of trees. The applicant provided information and materials with the original application that were incomplete and unclear. This was remedied and I visited the site with the applicant and his attorney to clarify what was being proposed. On that visit I saw an adjacent area of bare ground that had been recently cleared. This should be protected from erosion and sedimentation and is discussed in the attached report. Discussion The applicant provided revised drawings that are sufficient to review the application. Recommendation Staff recommends the Planning Commission discuss the requests in this case and make a recommendation to the City Council. Action Required This matter requires a simple majority vote. page 123 Stantec Item No. 2016-41 MEMORANDUM Date: October 25, 2016 To: Mendota Heights Planning Commission From: Phil Carlson, AICP, Interim Planner RE: Planning Case 2016-41: 1010 Sibley Memorial Highway Critical Area Permit and Conditional Use Permit Action Deadline: November 25, 2016 (60 days from complete application submittal) INTRODUCTION The applicant, Jerry Trooien, wishes to remove several trees and buckthorn on his property at 1010 Sibley Memorial Highway, which is in the Mississippi River Critical Area. BACKGROUND • The property is 5.04 acres in area. • The property is guided LR Low Density Residential in the City's Land Use Plan. • The property is zoned R-1 One Family Residential. • There is an existing house and garage on the property. • The lot was split in 2014 and a new lot created, resulting in two single family lots - the existing house and garage on 3.41 acres; the new lot on 1.63 acres. ANALYSIS 1) The property in question involves two single family lots on the south side of Sibley Memorial Highway in the Critical Area. 2) The request is to remove nine trees and associated buckthorn underbrush in a wooded, brushy area on the newly created parcel. All are hackberry, boxelder or ash. The letter of application notes that an elm tree is to be removed, but it does not show up on the revised list of trees and photos. Given the size of the property and the amount of trees on it the request is the kind of reasonable maintenance action that most homeowners would do without any kind of approval, but because the property is in the Critical Area, review by the Planning Commission and City Council are required for the permit. Design with community in mind October 25, 2016 Mendota Heights Planning Commission Page 2 of 4 Re: 2016-41 1010 Sibley Memorial Highway page 124 3) The Critical Area Overlay District, Section 12-3-4, has the following definitions: a. "Clear Cutting: The felling of substantially all trees and/or vegetation in an area at one time." This requires a Conditional Use Permit, even for a small area. b. Development: "... the extraction, clearing, or other alteration of terrestrial or aquatic vegetation... ". Zoning approval and a Critical Area Permit are required for "development" within the Critical Area. 4) The attached materials show the property and the nine trees to be removed identified by letter A through I, within a box where the buckthorn and other brush and weeds will also be removed. The drawings are hand -drawn, not detailed engineering drawings, but in my opinion are adequate to identify what is being proposed and would allow someone to inspect and verify the actions involved. 5) Adjacent to the area proposed for the tree removal is an open area of bare ground where there has clearly been work done in the recent past to clear the ground and vegetation. Looking at historic aerial photos it appears this area did not have significant trees and was an open low area of the property. The amount of disturbance is likely below the threshold requiring a grading permit from the City. Nevertheless, care should be taken to insure that erosion and sedimentation are controlled from this area and from the new area that is the subject of this permit. Design with community in mind Proposed tree!brush removal area L October 25, 2016 Mendota Heights Planning Commission Page 3 of 4 Re: 2016-41 1010 Sibley Memorial Highway RECOMMENDATION page 125 I recommend that the Planning Commission recommend approval of the Conditional Use Permit and Critical Area Permit for 1010 Sibley Memorial Highway: 1) Removal of trees and underbrush is performed by a qualified professional. 2) Removal of trees and underbrush is confined to the area and the vegetation defined on drawings and photos accompanying the application. 3) Erosion and sedimentation measures will be put in place in the area noted as well as the area of open soil adjacent to it to the south until ground cover can be established. REQUESTED ACTION Following the public hearing and discussion, the Planning Commission may consider the following actions: 1. Recommend approval of the Conditional Use Permit and Critical Area Permit based on the attached findings of fact. OR 2. Recommend denial of the Conditional Use Permit and Critical Area Permit based on findings of fact. OR 3. Table the request, pending additional information from staff or others. Design with community in mind (. October 25, 2016 Mendota Heights Planning Commission Page 4 of 4 Re: 2016-41 1010 Sibley Memorial Highway page 126 FINDINGS OF FACT FOR APPROVAL Conditional Use Permit and Critical Area Permit for 1010 Sibley Memorial Highway 1. The property is within the Critical Area and subject to code requirements of the Critical Area Overlay District. 2. The work proposed involved is reasonable and within the spirit and intent of the Critical Area, if done carefully and professionally. MATERIALS INCLUDED FOR REVIEW The following exhibits are attached for your review: 1. Aerial site map 2. Planning Applications, including supporting materials. Design with community in mind Planning Case 2016-41 1010 Sibley Memorial Highway Date: October 25, 2016 0 120 SCALE IN FEET page 127 li AJCity 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, 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 128 September 26, 2016 City of Mendota Heights Planning Commission 1101 Victoria Curve Mendota Heights, MN 55118 RE: Letter of Intent to Remove Trees Dear Planning Commission, My name is Jerry Trooien and 1 have submitted the necessary application materials to have nine (9) trees and brush/weeds/buckthorn removed from my home located at 1010 Sibley Memorial Highway, Mendota Heights, Minnesota 55118. These tree species consist of Box Elders. a single Elm, a single Ash, and a single Hack -berry. Many of these trees are dead or dying and certainly qualify as undesirable. The application submitted is solely for the removal of the trees. It is not planned or designed to do anything other than remove harmful trees from the site and create the chance to see where a new house pad would go. I would emphasize the simplicity of the application and its plan to only remove nine (9) bad trees and underbrush so that we may open up the view to the lot that will ultimately be developed. Respectfully submitted, e rooien 1010 Sibley Memorial Highway Mendota Heights, MN 5518 612-210-8282 page 129 1161 Victoria Curve 1 Mendota Heights. MN 55118 651,4521830 phone.- ! 551.452.8944 fax wwwmendata-heights.rnm • riCITY OF M ENDOTA HEIGHTSmi. j APPLICATION FOR CONSIDERATION OF PLANNING REQUEST "Office Use Only K -'*A.,-,. _ ;p.` ("',;Ase. '#: : (_.. Fed°Paid;' Application Date: _._.._ Staff Initials: Applicable Ordinance #: Section: Exi sting:Zoning: Proposed Z:onirlg:- Existing Use: Pi ()posed i.i; y g..'-'.. Property Address/Street Location: J '/' 5►e5/ ► ia4-.-0 Applicant Name: 0 oa Phone: 4/-2- - 2I -S'4-8 Applicant E -Mail Address: _ - -• T•2Go t r rJ @ G AN-. Cam Applicant Mailing Address: /vrd 5.•r/ Property Owner Name: Jc z -v -ro.-& c, Property Owner Mailing Address: 5-c— Legal Description & PIN of Property: (Complete Legal from Title or Deed must be provided) Phone: 4,-,---44--"-e2-47-2- Type ,y-,wa'2- Type of Request: ❑ Rezoning • Variance ❑ Lot Spirt ❑ Code Amendment ❑ Conditional Use Permit O Wetlands Permit ❑ Critical Area Permit O Appeal ❑ interim Use Permit ❑ PreliminarylFinal Plat Approval ❑ Comprehensive Plan Amendment O Other I hereby declare that all statements made in this request and on the additional material are true. 1 further authorize City Officials and agents to inspect the above property during daylight hours. Signature of Applicant Date Signature of Owner -/4 Date Signature of Owner (if more than one) Date Planning Application (modified 71912015) Page 1 of 1 Ciir OF MENDDTA HEIGHTS page 130 1101 V1ttoroa Curve 1 Mendota Hegghts, MN 55118 651452.11350 p1+oie 1 651.452.8940 Fax wwwmeruiota. heigh E S CM CRITICAL AREA 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. APPLICATION REQUIREMENTS: Office Use Only: Case #: Applicant: Address: • 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 submitted for the application to be considered complete: ❑ Fee, as included in current Fee Schedule (check payable to City of Mendota Heights). NATE: Planning Application fees do not cover building permit fees, utilities, or other fees which may be required to complete the project. ❑ Completed Application Form(s). ❑ Letter of Intent. ❑ Site Plan. APPLICANT MUST CHECK ALL APPLICABLE ITEMS INCLUDED IN THE SUBMITTAL Site Plan (may include multiple sheets): O Location of the property, including such information as the name and numbers of adjoining roads, railroads, existing subdivisions, or other landmarks. ❑ Existing topography as indicated on a contour map having a contour interval no greater than two feet (2') per contour; the contour map shall also clearly delineate any bluff line, ail streams, including intermittent streams and swales, rivers, water bodies, and wetlands located on the site. A plan delineating the existing drainage of the water setting forth in which direction the volume, and at what rate the stormwater is conveyed from the site in setting forth those areas on the site where stormwater collects and is gradually percolated into the ground or slowly released to stream or lake, A description of the soils on the site including a map indicating soil types by areas to be disturbed as well as a soil report containing information on the suitability of the soils for the type of development proposed and for the type of sewage disposal proposed and describing any remedial steps to be taken by the developer to render the soils suitable. All areas proposed for grading shall be identified by soil type, both as to soil type of existing topsoil Critical Area Perrnif Application (modified 4/5/2016) Page 1 of 2 Nr‘❑ eik tOr tk❑ hy�❑ ON- Pik. u fr �k❑ plk❑ Clear delineation of all areas which shall be paved or surfaced including a description of the surfacing material to be used. NA' ❑ Description of the method to be provided for vehicular and pedestrian access to the proposed development and public access to the river and/or public river view opportunities both before and after development; a description of the development's impact on existing views of and along the river. fyl'r D Description of all parking facilities to be provided as part of the development of the site including an analysis of parking needs generated by the proposed development. jk- 0 Delineation of the area or areas to be dedicated for public use. �,t, ❑ Delineation of the location and amounts of excavated soils to be stored on the site during construction. ❑ Any other information pertinent to that particular project which in the opinion of the City or applicant is necessary or helpful for the review of the project. page 131 and soil type of the new contour. The location and extent of any erosion areas shall be included in the soils description. Description of the flora and fauna, which occupy the site or are occasionally found thereon, setting forth with detail those areas where unique plant or animal species may be found on the site. Description of any features. buildings, or areas which are of historic significance. Map indicating proposed finished grading shown at contours at the same intervals proposed above or as required to clearly indicate the relationship of proposed changes to existing topography and remaining features. Landscape plan drawn to an appropriate scale including dimensions, distance, location. type, size, and description of all existing vegetation, clearly locating and describing any vegetation proposed for removal and all proposed landscape materials which will be added to this site as part of the development. Proposed drainage plan of the developed site delineating in which direction, volume, and at what rate stormwater will be conveyed from the site and setting forth the areas of the site where stormwater will be allowed to collect and gradually percolate into the soil, or be slowly released to stream or lake. The plan shall also set forth hydraulic capacity of ail structures to be constructed or exiting structures to be utilized, including volume or holding ponds and design storms, Erosion and Sedimentation Control Plan indicating the type, location, and necessary technical information on control measures to be taken both during and after construction including a statement expressing the calculated anticipated gross soil loss expressed in tons/acres/year both during and after construction. Proposed size, alignment, height, and intended use of any structures to be erected or located on the site. Critical Area Permit Application (modified 4/512016) Page 2 of 2 viono"'""'Eli CITY OF MENDOTA HEIGHTS page 132 1101 Victoria Curve l Mendota Heights. MN 65118 651.452.1S5O phone 1 651.452.8940 fax www mendnta•heights corn 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. APPLICATION REQUIREMENTS: Office Use Only: Case #: Applicant: Address: • 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 submitted for the application to be considered complete: U 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. D Completed Application Form(s). ❑ Letter of intent. Li Required Plans. APPLICANT MUST CHECK ALL APPLICABLE ITEMS INCLUDED IN THE SUBMITTAL Site Development Plan: n r 11 11 11 11 1 11 Location of all buildings, including existing and proposed. Location of ail adjacent buildings located within 350' of the exterior boundaries of the property in question. Floor area ratio. Location and number of existing and proposed parking spaces. Vehicular circulation. Architectural elevations (type and materials used on all external surfaces). Sewer and water alignment, existing and proposed. Location and candle power of all luminaries. Location of all existing easements. Conditional Use Permit Application (modified 4/5/2016) Page 1 of 2 page 133 Dimension Plan: Lot dimensions and area. 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. Proposed road profile. Landscape Plan: if Location of all existing trees, type, diameter and which trees will be removed. Location, type and diameter of all proposed plantings. Location and material used of all screening devices. NOTES: Conditional Use Permit Application (modified 4/5/2016) Page 2 of 2 -SW1 /4 p, f r♦ / \., i ��4,ar/1 ti 1 I___-- _ . . ,/ a + ' GI • BEAST LIFE'' OF 5T' 120 FT .OF N W1/4 .l1-SEC.3-T28N A r- )(>‹. x x. � 0� . .,......... 322.97: 4.1 COI 1 L - -SW1 /4 RST L.JJ'" F.'i'!E WA" '. 120 FT .6p- 4-SW1?4 ST " 11 SEC.. -128f1 1 v ti page 136 0' F4te AA. 5. b&R.\\1E‘13 page 137 1 5 ' F\R.Okk JElal4' Rat. E LbE 42- 11 Ibt AMITE it- page 138 C o ' Fzom. s 1),Irt..t vE.vA Y 1 olc E 1.4E,41.. -7 it 61 AER_ page 139 Eft F IrtoN0 4t.t Vjet,t94`? �S� page 140 700 t Fla& Nkhy telS!-( page 141 F '7 SOthowL. 11142.iv .t,)4 page 142 60' F Jz-n A ueUA' i cnt E 110'1 tk Am ESR. page 143 H 5 5' r �� I VE Y t A -Me -"e it page 144 I- -SO r Mori. u), b treive 1 i cht. ELIDE4t N btAn erE4t. page 145 From: Carlson, Phil To: Phil Carlson Subject: FW: Planning File # 2016-41 // Trooien Additional Submission Date: Wednesday, October 19, 2016 11:15:52 AM Attachments: Additional Pictures and Types and Locations of Trees To Be Removed.pdf Phil Carlson Associate Stantec 2335 Highway 36 West St. Paul MN 55113-3819 Phone: (651) 967-4555 Cell: (612) 202-6474 Phil.Carlson@stantec.com The content of this email is the confidential property of Stantec and should not be copied, modified, retransmitted, or used for any purpose except with Stantec's written authorization. If you are not the intended recipient, please delete all copies and notify us immediately. Please consider the environment before printing this email. From: Adam [mailto:adam@vetvicklaw.com] Sent: Wednesday, October 19, 2016 11:10 AM To: Carlson, Phil Subject: RE: Planning File # 2016-41 // Trooien Additional Submission Hi Phil, It was very nice to meet you in person yesterday. Thank you for coming by the site to see what we are trying to have accomplished. I am attaching a few more pictures as well as the locations and distances from the driveway, per our discussion. I named each tree a letter ("A" through "I") and then there is a picture of the tree as well as its specific type, diameter, and distance from the driveway. There are two driveways, the south and the west as mentioned in the map. Each tree picture specifically delineates which driveway and the distance from it to help better identify the trees to be removed. Please let me know of any questions or concerns; I apologize about the quality of some of the pictures but I hope having been to the actual site allows you to better visualize. Best, -Adam On 2016-10-13 5:04 pm, Carlson, Phil wrote: Adam, I would welcome the opportunity to visit the property and see what is proposed. I appreciate the clarification on my questions below. If the trees to be removed could be tagged or identified in some way I will drive up there next Tuesday morning. We don't want to make this more complicated than it needs to be, but we are stewards of the Critical Area and have a code to follow. The City needs to be certain that no unwise alterations are being made. You or page 146 Mr. Trooien would not need to be present if you can simply make sure the trees are identified, I can hike into that area and have a look. Thanks, mil Carlson Associate Stantec 2335 Highway 36 West St. Paul MN 55113-3819 Phone: (651) 967-4555 Cell: (612) 202-6474 Phil.Carlson@stantec.com The content of this email is the confidential property of Stantec and should not be copied, modified, retransmitted, or used for any purpose except with Stantec's written authorization. If you are not the intended recipient, please delete all copies and notify us immediately. Please consider the environment before printing this email. From: Adam [mailto:adam@vetvicklaw.com] Sent: Thursday, October 13, 2016 4:56 PM To: Carlson, Phil Cc: J Trooien; toml@mendota-heights.com; markm©mendota-heights.com; ryanr©mendota- heights.com Subject: RE: Planning File # 2016-41 // Trooien Additional Submission Hi Phil, Thank you for your email. The work has not already been done. The landscape drawing has not been implemented. The pictures indicate landscape work that would be mimicked. No trees have been removed. We are attempting to secure the permit now, before any work would be done. We would invite you to view the property for yourself -- or the planning commission -- so that you can see the little impact of the desired work. The trees we are seeking to be removed are all junk trees to be replaced with spruce trees which were depicted in the final picture. I am having difficulty understanding the "to scale" drawing as this submission, in conjunction with our prior materials, provides the information relating to the tree species and the buckthorn that we are hoping to have removed. Can you provide an example as to what is required? I would reiterate that no work has been done as we do not have the permit required. We are simply trying to clean the property out of a few junk trees and buckthorn; essentially we are just trying to allow Mr. Trooien to clean up his yard, nothing more. Thank you, -Adam page 147 Adam J. Vetvick (#396104) Managing Attorney 651-208-3172 adam@vetvicklaw.com P.O. Box 4631 St. Paul, MN 55101 Vetvick Law Serving the People of Minnesota CONFIDENTIAL ATTORNEY/CLIENT PRIVILEGED COMMUNICATION - ATTORNEY WORK PRODUCT This communication is for its intended recipient only, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. This communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 U.S.C. 2510, and its disclosure is strictly limited to the recipient intended by the sender of the message. This communication may contain confidential information and privileged material that is for the sole use of the intended recipient and receipt by anyone other than the intended recipient does not constitute a loss of the confidential or privileged nature of the communication. If you are not the intended recipient or the employee or agent responsible for delivering this communication to the intended recipient, you are hereby notified that any unauthorized use, dissemination, distribution or copying of this communication is strictly prohibited and may subject you to criminal or civil penalty. On 2016-10-13 4:32 pm, Carlson, Phil wrote: Adam, Thank you for this information. The materials submitted still do not fulfill the spirit and letter of the request in Nolan Wall's letter to Mr. Trooien noting the application is incomplete. He asked in that letter for: A landscape plan drawn to an appropriate scale including dimensions, distance, location, type, size, and description of all existing vegetation, clearly locating and describing any vegetation proposed for removal and all proposed landscape materials which will be added to this site as part of the development. I cannot tell from the information submitted what trees are to be removed. The photos would seem to indicate that trees in the area in question have already been removed. The photos are not identified as to their location so it is hard to tell what is being depicted. From the fresh soil and piles of dirt it appears considerable grading has been done on the property. Is this the case? And is the landscape feature proposed already in place? Has this work in fact already been done and the permit now being applied for? The information is confusing and still incomplete. For the Critical Area Permit and Conditional Use Permit could you please submit: A drawing to scale showing existing vegetation in the area to be disturbed A drawing to scale showing trees and vegetation to be removed. page 148 Thank you, 'hil Carlson Associate Stantec 2335 Highway 36 West St. Paul MN 55113-3819 Phone: (651) 967-4555 Cell: (612) 202-6474 Phil.Carlson@stantec.com The content of this email is the confidential property of Stantec and should not be copied, modified, retransmitted, or used for any purpose except with Stantec's written authorization. If you are not the intended recipient, please delete all copies and notify us immediately. CO Please consider the environment before printing this email. From: Adam [mailto:adam@vetvicklaw.com] Sent: Thursday, October 13, 2016 4:15 PM To: Carlson, Phil Cc: J Trooien Subject: Planning File # 2016-41 /1 Trooien Additional Submission Good afternoon Mr. Carlson, My name is Adam Vetvick and I am in-house counsel working with Mr. Jerry Trooien on the application for the planning commission. Per Mr. Nolan Wall's recent correspondence (10.6.2016) we are submitting additional materials via email. Please note that I have already hand delivered physical copies of these materials to the Mendota Heights City Hall. Please do not hesitate to contact me at 651/208-3172 with questions. All the best, -Adam Adam J. Vetvick (#396104) Managing Attorney 651-208-3172 adam@vetvicklaw.com P.O. Box 4631 St. Paul, MN 55101 Vetvick Law Serving the People of Minnesota CONFIDENTIAL ATTORNEY/CLIENT PRIVILEGED COMMUNICATION - ATTORNEY WORK PRODUCT This communication is for its intended recipient only, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. This communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 U.S.C. 2510, and its disclosure is strictly limited to the recipient intended by the sender of the message. This communication may contain confidential information and privileged material that is for the sole use of the intended recipient and receipt by anyone other than the intended recipient does not constitute a loss of the confidential or privileged page 149 nature of the communication. If you are not the intended recipient or the employee or agent responsible for delivering this communication to the intended recipient, you are hereby notified that any unauthorized use, dissemination, distribution or copying of this communication is strictly prohibited and may subject you to criminal or civil penalty. Aimee & Patrick Aldrich 1648 James Rd Saint Paul Mn 55118-3641 Alton C & Sandra M Todd 991 Caren Ct Saint Paul Mn 55118-3603 Anne C Garner 1631 James Rd Saint Paul Mn 55118-3642 Daniel W & Ruth A Fram 1012 James Ct Saint Paul Mn 55118-3640 David J & Kristen N Haider 1640 James Rd Mendota Heights Mn 55118 Dylan & Sarah Ebner 1034 Mayfield Heights Ln Mendota Heights Mn 55118 Gerald Trooien 1010 Sibley Memorial Hwy Mendota Heights Mn 55118 Karyn Speidel 1652 James Rd Mendota Heights Mn 55118 Kenneth A & Camilla Herrmann 995 Caren Ct Saint Paul Mn 55118-3603 Lucille T Moore 1028 Sibley Hwy Saint Paul Mn 55118-3671 Alan R & Patricia L Anderson 1645 James Rd Saint Paul Mn 55118-3642 Angela & Timothy Gallant 1008 James Ct Mendota Heights Mn 55118 Beverly Vandenberg Sargent 1040 Sibley Memorial Hwy Mendota Heights Mn 55118 Daren & Barbora Carlson 992 Caren Ct Mendota Heights Mn 55118-3603 David T Tste Dinger 1639 James Road Mendota Heights Mn 55118 George Jr & Maxine Bergh 996 Caren Ct Saint Paul Mn 55118-3603 Harold & Maxine S Slobof 1016 James Ct Saint Paul Mn 55118-3640 Katherine D Tste Goldman 1015 James Ct Mendota Heights Mn 55118 Lelan R & Elise D Jamison 1646 Mayfield Heights Rd Mendota Heights Mn 55118 Matthew & Marc Welsch 1661 Watson Ave Saint Paul Mn 55116 page 150 Alton C & Sandra M Todd 991 Caren Ct Saint Paul Mn 55118-3603 Ann L & Jack Fecht 1660 James Rd Saint Paul Mn 55118-3641 City of Mendota Heights 1101 Victoria Cury Saint Paul Mn 55118-4167 David E Ellis 1037 Mayfield Heights Ln Saint Paul Mn 55118-3612 Donald C & Janis S Tweedy 1651 James Rd Saint Paul Mn 55118-3642 Gerald C & Karen L T Bren 13076 Woosnam Way N Oro Valley Az 85755 James P Wicker 1020 Sibley Memorial Hwy Mendota Heights Mn 55118 Kenneth & Camilla Herrmann 995 Caren Ct Saint Paul Mn 55118-3603 Lisa M & Michael D Donohoo 1670 James Rd Mendota Heights Mn 55118 Maurice U Lazarus 1650 Mayfield Heights Rd Saint Paul Mn 55118-3613 Michael B & Jacqueli Chase 1680 Mayfield Heights Rd Mendota Heights Mn 55118 Patrick G Zimmerman 1666 Mayfield Heights Rd Mendota Heights Mn 55118 Robert B Martin 1636 James Rd Mendota Heights Mn 55118-3641 Thomas S & Kelley Stoneburner 1665 James Rd Saint Paul Mn 55118-3642 Michael E & Margaret Gibbs 1657 James Road Saint Paul Mn 55118-3642 Paul D & Lacey L Steele 1678 James Rd Saint Paul Mn 55118-3641 Robert J & Leah A Henderson 1687 James Rd Mendota Heights Mn 55118-3643 Tony Stemberger 1670 Mayfield Heights Rd Saint Paul Mn 55118-3682 page 151 Michelle Pauline Hoffman 1030 Mayfield Heights Ln Mendota Heights Mn 55118 Rajan Gupta 1011 James Ct Saint Paul Mn 55118-3640 Ronald A & Cynthia J Furchner 1032 Sibley Memorial Hwy Mendota Heights Mn 55118-3671 Affidavit of Publication State of Minnesota SS County of Dakota JANINE GAFFNEY page 152 , 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 16TH day of , 2016 , and was thereafter printed and published on every to and OCTOBER 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 *abcdefghijklrmapq rstuwdxyz Subscribed and sworn to before me on t 's 17TH Hday of OCTOBER 2016 otary Public *Alphabet should be in the same size and kind of type as the notice. 1 TITLE L COORDINA R N ia3ry _ga.lT2ir_-Minnesota My Cnrns:t S1 -.1n3 s Evire s Jan 3#, 2020 �7 � �;;.,., . �,rssY."tfr.�'an �%R7+:c�F'ti�t#' rim 4"r=•si :d;;'LSC �.�^s'�.'isr3 (1} Lowest classified rate paid by RATE INFORMATION 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 153 CITY OF MEN1)OT#1. HEIGH S NOTICE'OF HEARING A PUBLIC HEARING ON ' CRITIGALAREAANO GOND1TIQNAL USE PERM€TS AT 1010 SIBLEY MEMOAIALHIGHWAY . Tp wildm iT MAY• CO• NCERN NOT CE Is hereby,gwen that the' Plarrrirng C• an rrrrsslan oP Mendota Heights will rriset at 700 P.M.,;or as mors as possibia thereaft•er,•"ori:• Tuesday, goober 25, 2016 iri the. City ;Hall COUnCFI Chambers, 11©1' VictoriaCurve; Mendflta Heig its Minnesota to eonsider:`ar€ileal area and' conditional use perairt requests at 1010 Sibley Memor at Highway. This ;request 'has been assrgined''4 Pfanrrng Gasenumber 2018-41, This; poUce �s'_pursuant to Tile 12 (Zoning of theMendote 1 lerghts City I Code_ Such persons as :desire to heard with reference to this request will be heard at thrs meeting L of ri Smith s City Clerk (south West Resaew Qct: 16.2018} CITY OF MENDOTA HEIGHTS 1101 Victoria Curve 1 Mendotaneigh 54N 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com Request for City Council Action MEETING DATE: November 1, 2016 TO: Mayor and City Council, City Administrator FROM: Phil Carlson, AICP — Interim Planner SUBJECT: Resolution Approving Comprehensive Plan Amendment and Rezoning at 1787 Lexington Avenue COMMENT: Introduction The applicant is seeking a comprehensive plan amendment from Low Density Residential to Medium Density Residential and a rezoning from R-1 to R-2 on a 65,000 -sq -ft lot. Background The property is a relatively large single family lot abutting duplexes and triplexes to the north and single family neighborhoods on the other three sides. At the Planning Commission there was a question as to how the duplexes on Kingsley Court north of the subject were developed while remaining zoned R-1. Staff researched the property and found that a PUD was approved in 1983 that also approved a variance, allowing the 8.9 -acre property to be processed as a PUD even though the City has a 10 -acre minimum for PUDs. Discussion The property is on the edge of two different residential densities — low and medium. The question is whether it is reasonable to extend a medium density designation to this property. The Planning Commission held a public hearing on the matter on October 25, 2016. There were a number of public comments from neighbors, the applicant and the realtor representing the seller. Budget Impact N/A Recommendation The Planning Commission voted 3-3 on a motion to deny. The request comes to the City Council with no recommendation. Conditions and findings for approval or denial are described in Planning Case 2016-42. If the City Council wishes to approve the requests, pass a motion adopting RESOLUTION 2016-86 APPROVING A COMPREHENSIVE PLAN AMENDMENT AND REZONING AT 1787 LEXINGTON AVENUE. If the City Council wishes to deny the requests, pass a motion adopting RESOLUTION 2016-86 DENYING A COMPREHENSIVE PLAN AMENDMENT AND REZONING AT 1787 LEXINGTON AVENUE. Action Required This matter requires a simple majority vote. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2016-86 page 155 RESOLUTION APPROVING A COMPREHENSIVE PLAN AMENDMENT AND REZONING AT 1787 LEXINGTON AVENUE AND PID# 27-81275-02-050 WHEREAS, Lexington Property LLC, on behalf of the property owners Ralfs H. and Mary Lou Mikelsons, has applied for a comprehensive plan amendment from Low Density Residential to Medium Density Residential and a rezoning from R-1 One Family Residential to R-2 Two Family Residential as proposed in Planning Case 2016-42 and described in Exhibit A; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this matter at their regular meeting on October 25, 2016. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the requests as proposed in Planning Case 2016-42 is hereby approved with the following findings of fact: 1. The property is located on the edge of two areas with different density and character. The subject property could logically follow the pattern to the north. To the west, south, and east are low density single family neighborhoods; Abutting the property along its entire northern edge is a medium density development more in keeping with a medium density R-2 zoning designation than the single family R-1 designation it has now. 2. The property fronts directly on Lexington Avenue, a major street, and any additional traffic from a medium density development on the property would not pass through other quiet single family neighborhood streets. 3. The property has sufficient area for four single family lots, but it is not possible to subdivide into conforming lots due to its dimensions and configuration, and its single frontage on Lexington Avenue. Allowing a duplex, triplex or other medium density structure would allow the owner a reasonable use of the land not otherwise possible given the dimensions of the property. Adopted by the City Council of the City of Mendota Heights this first day of November, 2016. CITY COUNCIL CITY OF MENDOTA HEIGHTS ATTEST: Sandra Krebsbach, Mayor Lorri Smith, City Clerk page 156 EXHIBIT A Legal Description PID: 27-81275-02-050 Vals Addition Lot 5, Block 2 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2016-86 page 157 RESOLUTION DENYING A COMPREHENSIVE PLAN AMENDMENT AND REZONING AT 1787 LEXINGTON AVENUE AND PID# 27-81275-02-050 WHEREAS, Lexington Property LLC, on behalf of the property owners Ralfs H. and Mary Lou Mikelsons, has applied for a comprehensive plan amendment from Low Density Residential to Medium Density Residential and a rezoning from R-1 One Family Residential to R-2 Two Family Residential as proposed in Planning Case 2016-42 and described in Exhibit A; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this matter at their regular meeting on October 25, 2016. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the request as proposed in Planning Case 2016-42 is hereby denied with the following findings of fact: 1. The property abuts single family uses on three of its four sides and there is currently a clean straight line between the different densities. Changing this property to medium density is not a clean dividing line. 2. Reguiding the property to Medium Density and rezoning to R-2 would entitle the owner to the full density and uses allowed for R-2 zoning, perhaps up to four units, not just one duplex structure. 3. Even though the property to the north is medium density the City need not expand that to the subject property; the current dividing line is reasonable. 4. There are no other areas of the City guided for Medium Density as a stand-alone designation and only one other lot in the entire City zoned R-2. Creating a new R-2 district would be an anomaly in the City's land use and zoning scheme. Adopted by the City Council of the City of Mendota Heights this first day of November, 2016. CITY COUNCIL CITY OF MENDOTA HEIGHTS ATTEST: Sandra Krebsbach, Mayor Lorri Smith, City Clerk page 158 EXHIBIT A Legal Description PID: 27-81275-02-050 Vals Addition Lot 5, Block 2 Ea - CITY OF MENDOTA HEIGHTS 1101 Victoria Curve 1 Mendotaneign 59N 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com Request for Planning Commission Action MEETING DATE: October 25, 2016 TO: Planning Commission FROM: Phil Carlson, AICP Interim Planner SUBJECT: Introduction Planning Case 2016-42 Comprehensive Plan Amendment and Rezoning — LR to MR, R-1 to R-2 Lexington Property LLC, 1787 Lexington Avenue COMMENT: The applicant is seeking a comprehensive plan amendment from Low Density Residential to Medium Density Residential and a rezoning from R-1 to R-2 on a 65,000 -sq -ft lot. Background The property is a relatively large single family lot abutting duplexes and triplexes to the north and single family neighborhoods on the other three sides. Discussion The property is on the edge of two different residential densities — low and medium. The question is whether it is reasonable to extend the medium density designation to this property. Recommendation Staff recommends the Planning Commission discuss the requests in this case and make a recommendation to the City Council. Action Required This matter requires a simple majority vote. page 160 Stantec Item No. 2016-42 MEMORANDUM Date: October 25, 2016 To: Mendota Heights Planning Commission From: Phil Carlson, AICP, Interim Planner RE: Planning Case 2016-42: 1787 Lexington Avenue Comprehensive Plan Amendment & Rezoning - R-1 to R-2 Action Deadline: November 25, 2016 (60 days from complete application submittal) INTRODUCTION The applicant, Lexington Property LLC (application originally submitted as Tim McGough), is requesting a comprehensive plan amendment and rezoning for a single family lot on Lexington Avenue in order to build a two-family home on the lot. The request is a land use change from LR Low Density Residential to MR Medium Density Residential and a rezoning from R-1 One Family Residential to R-2 Medium Density Residential. BACKGROUND • The property is 1.50 acres in area (65,176 square feet). • The property is guided LR Low Density Residential in the City's Land Use Plan. • The property is zoned R-1 One Family Residential. • There is an existing house and garage on the property which would be removed. 2030 Land Use Plan (portion) Predominately Low Density Pesidential Design with community in mind „ it ■■■R I11. ' IImmu m. ■ �� '`11+I Epp Ma IIID 111111■ ■ Eli i� L I f 1 IT Y ■ilii■■■■i 1111‘1111MOU bje op maimi MEM �,mi 1■I :ultra Wahl Zoning Map (portion) Predominately R-1 -One Family Residential ANALYSIS page 161 1) The pattern of land use in Mendota Heights is something over which the City has great discretion. The City is under no obligation to change the Land Use Plan as requested. 2) The City's 2030 Land Use Plan defines the two land use categories as follows: Low Density Residential (LR), (LR -II) This land use is the most prevalent land use category in the City and provides for single family development. This designation is intended for a density not to exceed 2.9 units per acre. The corresponding zoning district classifications are One Family Residential Districts: R-1 (2.9 units per acre), R-1 B (1.45 units per acre), and R-1 C (2.18 units per acre). The Land Use Maps identify these areas as "LR -Low Density Residential" or "LR -II." Medium Density Residential (MR), (MR -PUD) This land use provides for townhome and attached housing development at urban densities of up to 4.35 units per acre. There is no vacant land within this designation. The corresponding zoning district classifications are: R-2 (Medium Density Residential District) and MR -PUD (Medium Density Residential Planned Unit Development). The remaining land in this category was purchased as a part of the Pilot Knob Open Space project. The Land Use Maps identify these areas as "MR - Medium Density Residential" or "MR -PUD." 3) The area to the west, south and east of the property is predominately single family. The subject property, at 65,000 sq ft, is one of the larger lots in the immediate vicinity. But there is a wide variation in single family lot sizes nearby (and in all of Mendota Heights for that matter), from 15,000 sq ft to over 100,000 sq ft. 4) The neighborhood immediately north of the subject property on Kingsley Circle consists of twin homes (in Mendota Heights). The project north of that on Lexington Court is triplexes (in Lilydale). Both are medium density. The Mendota Heights project, however, is guided Low Density Residential and zoned R-1. 5) There is only one other lot in the City zoned R-2, on Vail Drive east of Lexington Avenue, within an otherwise single family R-1 neighborhood about a third of a mile south of the subject property. It shows up as the bright yellow lot on the portion of the Zoning Map on the previous page. Design with community in mind • • Twin Hames • 111.11:. 410 Ir'property 5 page 162 6) A change in land use, particularly one from single family residentially to something else, brings to bear the question of the character of the area. Here, the neighbors on three sides enjoy the character of a large -lot single family home on the subject property. But those neighbors abutting the duplex project have for some time had the experience of that medium density neighbor. Would changing the land use from single family to duplex, or perhaps more units, be a negative impact? 7) The phrase "spot zoning" is used sometimes in zoning discussions. It refers to a situation where a smaller property is singled out for different zoning with no connection to a larger, rational pattern of land use in the vicinity. In this case, rezoning the subject property to R-2 would be one small property in a much larger area of R-1 zoning. But the land use pattern on the ground shows medium density in a sizable area abutting the property to the north and low density on the other sides. Therefore, a case could be made that this is not spot zoning. 8) A change in land use from Low Density to Medium Density and a rezoning from R-1 to R-2 would not necessarily guarantee just one twin home is built on the lot, although that is the stated intention of the applicant. If the requested changes were made, the owner would be entitled to all permitted and conditional uses in the R-2 District (Section 12-1 E-7), which includes "dwelling structures containing two units to twenty-four units" as a permitted use and "manufactured home park" as a conditional use. The subject property is several times larger than needed to satisfy the minimum lot size, 20,000 sq ft, for a duplex in the R-2 District. The lot also meets the 30,000 sq -ft minimum for a triplex. As a practical matter, because the lot is bounded by other properties on three sides, it would be difficult to get the street access needed to develop more than three units on the property. The City may not attach conditions to a rezoning, except in the case of a PUD. 9) Note there are two applications forms attached - the first with the original name and the second with the revised name. The request itself and other information is identical. RECOMMENDATION I make no recommendation to the Planning Commission on the requests for a comprehensive plan amendment from LR Low Density Residential to MR Medium Density Residential and a rezoning from R-1 One Family Residential to R-2 Medium Density Residential. The property is located on the edge of two areas with different density and character. The subject property might logically follow either pattern. I offer the Findings below that might be applied to approval or denial. Design with community in mind 5 October 25, 2016 Mendota Heights Planning Commission Page 4 of 5 Re: 2016-42 1787 Lexington Avenue REQUESTED ACTION page 163 Following the public hearing and discussion, the Planning Commission may consider the following actions: 1. Recommend approval of the comprehensive plan amendment and rezoning based on the attached findings of fact. OR 2. Recommend denial of the comprehensive plan amendment and rezoning based on the attached findings of fact. OR 3. Table the request, pending additional information from staff or others. FINDINGS OF FACT FOR APPROVAL Comprehensive Plan Amendment and Rezoning for 1787 Lexington Avenue 1. The property is located on the edge of two areas with different density and character. The subject property could logically follow the pattern to the north. To the west, south, and east are low density single family neighborhoods; Abutting the property along its entire northern edge is a medium density development more in keeping with a medium density R-2 zoning designation than the single family R-1 designation it has now. 2. The property fronts directly on Lexington Avenue, a major street, and any additional traffic from a medium density development on the property would not pass through other quiet single family neighborhood streets. 3. The property has sufficient area for four single family lots, but it is not possible to subdivide into conforming lots due to its dimensions and configuration, and its single frontage on Lexington Avenue. Allowing a duplex, triplex or other medium density structure would allow the owner a reasonable use of the land not otherwise possible given the dimensions of the property. Design with community in mind page 164 October 25, 2016 Mendota Heights Planning Commission Page 5 of 5 Re: 2016-42 1787 Lexington Avenue FINDINGS OF FACT FOR DENIAL Comprehensive Plan Amendment and Rezoning for 1787 Lexington Avenue 1. The property abuts single family uses on three of its four sides and there is currently a clean straight line between the different densities. Changing this property to medium density is not a clean dividing line. 2. Reguiding the property to Medium Density and rezoning to R-2 would entitle the owner to the full density and uses allowed for R-2 zoning, perhaps up to four units, not just one duplex structure. 3. Even though the property to the north is medium density the City need not expand that to the subject property; the current dividing line is reasonable. 4. There are no other areas of the City guided for Medium Density as a stand-alone designation and only one other lot in the entire City zoned R-2. Creating a new R-2 district would be an anomaly in the City's land use and zoning scheme. MATERIALS INCLUDED FOR REVIEW The following exhibits are attached for your review: 1. Aerial site map 2. Site photos 3. Planning Applications, including supporting materials. Design with community in mind Planning Case 2016-42 1787 Lexington Avenue Date: October 25, 2016 0 60 SCALE IN FEET page 165 City of Mendota AL A' A AA 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, contact the City of Mendota Heights. Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation. September 26, 2016 Mr. Nolan Wall Planner City of Mendota Heights 1101 Victoria Curve Mendota Heights, Minnesota 55118 Dear Mr. Wall, page 166 I am submitting an application for a comprehensive plan amendment as well as a rezoning application. The property in question is located at 1787 Lexington Ave. S. and is currently zoned R1. It is the applicant's desire to rezone the property to R2 to allow for the removal of the existing single family dwelling and the construction of one townhome. The proposed dwelling would be a side by side twin home and would be limited to two, single family dwellings. The new structure would be located in approximately the same location as the existing structure. The front entry of the twin home would face north. The back of the twin home would face south and be a walk -out design. It would take advantage of the existing topography of the subject property. The applicant will self -finance the purchase of the property, the construction of the townhome and site improvements. Upon completion and occupancy, permanent financing in the form of a home mortgage may be utilized. The subject property is currently owned by Ralfs and Mary Lou Mikelsons. The current owners and the applicant have a signed purchase agreement for the subject property. The purchase agreement is contingent on the applicant receiving approval for the requested rezoning of the property. The purchase of the property is intended to close as soon as practical after City approval of the requested rezoning. Construction is expected to commence in the Spring of 2017. Construction is expected to be complete in the Fall of 2017. Occupancy to take place as soon as all construction and inspections are complete. Included with this letter are the following: 1. A signed, fully executed Planning Application. 2. A completed Comprehensive Plan Amendment Application with fees and applicable supporting documentation. 3. A completed Rezoning Application with fees and applicable supporting documentation. 4. Supporting documentation includes a survey of the property showing all existing conditions as well as a subset of the property survey showing the proposed townhome configuration. The applicant is aware that this submittal is for rezoning only and that all submittals required for permitting would be provided at a later date. Permitting submittals must comply with all applicable laws, codes and other City of Mendota Heights regulations as applicable. Please let me know if you have any questions regarding this submittal. I look forward to the planning commission meeting on October 25, 2016. Sincerely, Timothy J. McGough Mel fi +O T A iElQf l I L page 167 PLANNING APPLICATION Office Use Only: Casey.: 2v (6 � Y Z Fee Paid: d (, 2S- a Application Staff Initials: Applicable Ordinance It: 1 Z - d L - Existing Zoning: /L -1 Existing Use: d, -e. .• 1 12 et, Proposed Use: % i,,.., - ��,�.. /Y %Le r . Section: '? +.- y /2-6 -1 it 000 e s a+r- Proposed Zoning: R - Property Address/Street Location: Applicant Name:E r -, . r Phone f `'g CT j _.__. Applicant E -Mail Address. ``--T .-, r Applicant Mailing Address: ; kit -11'7 s `f f :`- ;� G ; pry\ \ �. : �, N1�►ky Loa'��i 1ti t i f es. r��^ Propert wner Name: M t u So'15 Phone: ' s25- O(.- 032 G Property Owner Mailing Address: /OS' LIMON Cr. NE 1')T©hi, LOA. 1$ o5 Legal Description & PIN of Property: (Complete Leg& from Title or Deed must be provided) LOT , 8 ocK VkLs ADDl'T ron/, p6 co. kid, V",4gip. -l-he W 32-41.-Jl< .oe tip 27_$12 -7S - oz- 05'0 Type of Request: Rezoning O Variance O Lot Split/Adjustment O Code Amendment O Conditional Use Permit O Wetlands Permit O Critical Area Permit O Appeal O Interim Use Permit O Preliminal-y/Final Plat Approval O Comprehensive. Plan Amendment O Other I hereby declare that all statements made in this request and on the additional material are true. furtherauthcrize City Officials and agents to inspec is}ove -roperty during daylight hours. //76 Signature f Applicant • Date •J Signatu ' of Owner Date / -- 41, //---- c Z2 -r6, Signature of Owner (if more than one) Date Planning (modified 6/112016) Page 1of1 page 168 1101 Victoria Curve Mendota Heights. MN 55119 651.4523650 phone 1 651452.8940 fax www.meridata.heights_com CITY OF MENDOTA HEIGHTS REZONING 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 #: 3-0 l6 Applicant: /LA `6 p t` Address: 11 g"7 t-ey 1.,. 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 submitted for the application to be considered complete: i ) 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. Completed Application Form(s). Letter of Intent. tr Required Pians. APPLICANT MUST CHECK ALL APPLICABLE ITEMS INCLUDED IN THE SUBMITTAL Site Development Plan: ILe Location of all buildings on the property in question including both existing and proposed structures. lid Location of all adjacent buildings located within 350' of the exterior boundaries of the property in question. %❑ Floor area ratio. 0 Location and number of existing and proposed parking spaces. 0 Vehicular circulation. e, ❑ Architectural elevations (type and materials used on all external surfaces). ` ❑ Sewer and water alignment, existing and proposed. j' ❑ Location and candle power of all luminaries. �❑ Location of all existing easements. Rezoning Application (modified 415/2016) Page 1 of 2 page 169 Dimension Plan: lj-Lot dimensions and area. ZL_Dimensions of proposed and existing structures. 14 Ih ❑ "Typical" floor plan and "typical" room plan. iNc-❑ Setbacks on all buildings located on property in iv.0 Proposed setbacks. Grading Plan: `tom ❑ Existing contour. ❑ Proposed grading elevations. ❑ Drainage configuration. ❑ Storm sewer catch basins and invert elevations. ❑ Spot elevations. ❑ Proposed road profile. Landscape Plan: j\ ❑ Location of all existing trees, type, diameter and which trees will be removed. ❑ Location, type and diameter of all proposed plantings. ❑ Location and material used of all screening devices. NOTES: Rezoning Application (modified 4/5/2016) Page 2 of 2 page 170 11 ,tl VKjr rq. CUrve 1 CdhC`. %I iV r 11'50 OhOne L51.452.89,10 r��.lr, n i +trl-IIF int, tAti CI1 Y OF MEN E)OTA HEIGHTS COMPREHENSIVE PLAN AMENDMENT 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 #: - (6 y Applicant: ,tit 6 a �h Address: f ? 9/ Le. '.` ,, �„ A - 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 submitted 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. Pi Completed Application Form(s). Sketch Plan. p, Written Statement. APPLICANT MUST CHECK ALL APPLICABLE ITEMS INCLUDED IN THE SUBMITTAL Sketch Plan: Completed by Nolan Wall A sketch plan must show enough of the area surrounding the property in question to demonstrate the relationship of the proposed amendment to adjoining uses, both existing and proposed: p. The existing topographic character of the land. 14 Existing and proposed land uses and the approximate location of buildings, utilities, and unique development features of the site. 51 The location of major thoroughfares. Public uses, including schools, parks, playgrounds, and other open spaces. Written Statement: -r An explanation of the character of the proposed use of the property. Applicant is seeking approval to rezone the subject property from R1 to R2. The proposed use of the property is to remove the existing structure(s) and to build a two dwelling townhome. It is intended that the townhome would be placed in approximately the same location as the existing structure. The front of the townhome would face to the north. The back would face to the south and would be a walkout design, taking advantage of the existing site topography. 464-e. page 171 Comprehensive Plan Amendment Application (modified 4/5/2016) Page 2 of 2 A statement of proposed financing for development of the property. The applicant will self -finance the purchase of the property, the construction of the townhome and site improvements. Upon completion and occupancy, permanent financing in the form of a home mortgage may be utilized. 0 A statement of the present ownership of all of the property in question. The subject property is currently owned by Ralfs and Mary Lou Mikelsons. The current owners and the applicant have a signed purchase agreement for the subject property. The purchase agreement is contingent on the applicant receiving approval for the requested rezoning of the property. 6 A general indication of the expected schedule of development including progressive phasing and time schedules, if applicable. The purchase of the property is intended to close as soon as practical after City approval of the requested rezoning. Construction is expected to commence in the Spring of 2017. Construction is expected to be complete in the Fall of 2017. Occupancy to take place as soon as all construction and inspections are complete. cg The character and density of dwelling units. The proposed dwelling would be a side by side twin home and would be limited to two, single family dwellings. The new structure would be located in approximately the same location as the existing structure. The front of the townhome would face to the north. The back would face to the south and would be a walkout design, taking advantage of the existing site topography. Estimated industrial acreage and projected employment. Not applicable Estimated square footage of commercial development. Not applicable Estimated amount of developed open space. Not applicable page 172 October 19, 2016 Mr. Phil Carlson Planner City of Mendota Heights 1101 Victoria Curve Mendota Heights, Minnesota 55118 Dear Mr. Carlson, I have submitted a Planning Application which has been assigned case number 2016-42. The application pertains to the property located at 1787 Lexington Ave. S. The application is scheduled to be considered at the October 25th Planning Commission meeting. I have enclosed with this letter an amended Planning Application. The only change is with regard to the applicant name which has been changed to Lexington Property, LLC. Please accept this change to the application. I would also like to submit for your consideration the following information in support of the application: The applicant requests that the property located at 1787 Lexington Ave. S. be rezoned from R1 to R2. The applicant wishes to construct one twin home on the property. The property immediately to the north, Kingsley Estates, is a grouping of approximately twelve twin homes. The Kingsley Estates property is, however, zoned R1. I submit that to introduce one twin home on the subject property would provide a very reasonable and gradual transition from the relatively high density Kingsley Estates property to the surrounding single family homes. The proposed twin home would be subtle in nature and would be designed to take advantage of the existing topography of the site. It would be designed to complement other properties in the area. Attached are photos of twin homes in the area that are consistent with the type of design being considered for the property. The footprint of the proposed structure is approximately 100 X 50 feet. It would straddle the location of the existing home as indicated on the site drawing submitted with the application, a copy is also attached. These improvements would increase the assessed value of the property. It appears that this request is not unprecedented. An example is 1084 Vail Drive, which is a twin home, zoned R2, nestled among R1 zoned single family homes. It seems to work very well in this location. Please do not hesitate to contact me if you should have any questions. I look forward to the Planning Commission meeting on October 25. Sincerely, "Le Ti fy othy J. McGough page 173 ' C4 of MCNDOTA HEIGHTS PLANNING APPLICATION Office Use Only: Case #: Application Date: Staff Initials: Proposed Zoning Existing Use: Fee Paid:. Applicable Ordinance #: Section: Existing Zoning: Proposed Use: Property Address/Street Location: /". -r- 41E. Applicant Name: Phone: k> /t-, ; . 6 116 Applicant E -Mail Address: --ra-A.04 tq ( cerxfat �x Applicant Mailing Address: /`%r 1 ,il Co L 1 f Property Owner Name:?i.F; +jrQ4-y t _ -5 tune: 1 i2 I Property Owner Mailing Address: CX; Legal Description & PIN of Property: (Complete Legal from Title or Deed must be provided) fir �Illri tea_ �.��1.4 . Type of Request: IS --Rezoning ❑ Variance © Lot Split/Adjustment O Code Amendment ❑ Conditional Use Permit ❑ Wetlands Permit O Critical Area Permit ❑ Appeal O Interim Use Permit O Preliminary/Final Plat Approval O Comprehensive Plan Amendment © 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 ect the above property during daylight hours. Si • na re of Appli Si :nate of Owner Signat / // •�-/,, JJ Date o/181 C) Date e of Owner (if more than one) Date Planning Application (modified 6/1/2016) Page 1 of 1 31135, d MORS 01 32V, .0143 dilOETO9T .LI7dS.L07 CISSOoOXd S 00'07'25" W MORO. Nun EPSunIro x r YAW. 3 ,10,00.00 5 L0791 gi 518, so. FT Ol'Z9l 3 .10.00.00 S `3NIl A..3d0i1d 0350.106d LEXINGTON AVE l5Z9l 0 O 0 18 SHED c?; (TO BE 51' i REMOVED) I 5L51 D w Cn TO BE REMOVED} - 8.2 O) 0 V I 0 0 0 0 0 m 32-0 0 1 200 SHED (TO BE REMOVED) 3.7 DRAINAGE & 30.0 32.0 0 PA T-4 N G � DRAINAGE $ UTILITY EASEMENT 73.82 (207 OF 369.1 FT) (� 0 0 0 0 0 0 1 55 _J l \`3Nn J.I83d0�Jd a3S0d(Md N 8919'41" E 401.00 369.00 page 175 L In 44.10 N 89'23'03" E FOUND IRON 0 FOUND IRON 401.20 N 89'23'03" E DRAINAGE & U1 369.20 - ' • , — • - - .2+,'• 'Es a •;rityl` - • • •••-•° -‘; ' • - • ' - _• 6wC‘c -to.= • l• I IL_ .,e4, • , • .14 , : •• -4711k:41; - f • T. ) - page 177 • YEN page 178 - .� Alice H Dickinson 1115 Kingsley Cir S Mendota Heights Mn 55118 Barbara Kay Tste Nelson 1081 Marie Ave W Mendota Heights Mn 55118 City of Mendota Heights 1101 Victoria Cury Saint Paul Mn 55118-4167 Eduardo Chavez 1068 Cullen Ave Mendota Heights Mn 55120 Edward T Evans 1137 Kingsley Cir S Mendota Heights Mn 55118 Fred & Karen Gordon 1135 Orchard Cir Saint Paul Mn 55118-4146 Gerald A & Marilyn F Strommen 1128 Orchard Cir Saint Paul Mn 55118-4146 James & Catherine Obrien 1118 Kingsley Cir N Mendota Heights Mn 55118 Jess S & Susan Marty Eldridge 1156 Kingsley Ct S Mendota Heights Mn 55118 Judith Ann & Paul Ed Rhein 1116 Kingsley Cir N Mendota Heights Mn 55118 Ann M Hathaway 1146 Kingsley Ct S Mendota Heights Mn 55118 Brian E & Joanne J Mullen 1122 Orchard Cir Saint Paul Mn 55118-4146 Craig K & Cathy St John 1144 Kingsley Ct Mendota Heights Mn 55118 Edward C & Virginia Stringer 1135 Kingsley Cir S Mendota Heights Mn 55118 Eric C & Joanna R Hesse 1083 Overlook Rd Mendota Heights Mn 55118-3652 Gareth J & Tamara J St John 7 Mears Ave Mendota Heights Mn 55118 Harriette Fae Tste Rutstein % Harold Ramon Rutstein 1155 Kingsley Ct Mendota Heights Mn 55118 James W Tste Reagan 1410 Ocean Blvd S Apt S4 Pompano Beach FI 33062 Joanne & Brian Mullen 1122 Orchard Cir Mendota Heights Mn 55118-4146 Kristin Coleen Reilly 1779 Overlook Ln Mendota Heights Mn 55118 page 179 Arthur H & Judith Koch 1147 Kingsley Ct Mendota Heights Mn 55118 Charles & Kathryn Cunningham 1138 Kingsley Cir N Saint Paul Mn 55118-4158 Daniel P McCollar 1089 Overlook Rd Saint Paul Mn 55118-3652 Edward G III & Luann Hames 1136 Kingsley Cir N Mendota Heights Mn 55118 Erna G Tste Dawson 1164 Kingsley Ct S Mendota Heights Mn 55118 Geoffrey A Mason 1791 Overlook Ln Saint Paul Mn 55118-4134 Ivan J Posthumus 1091 Marie Saint Paul Mn 55118-4132 Jay C Phillips 1127 Orchard PI Saint Paul Mn 55118-4119 John S & Kattie E Huberty 1140 Orchard Cir Mendota Heights Mn 55118 Leon G Vig 1758 Lexington Ave S Saint Paul Mn 55118-3608 Matthew & Mistie Mollner 1088 Overlook Rd Mendota Heights Mn 55118 Patrick & Kathleen Stead 1117 Kingsley Cir S Mendota Heights Mn 55118 Ralph W & Pamela Nordstrom 1139 Orchard PI Saint Paul Mn 55118-4119 Robert J & Susan A Hughes 1117 Orchard PI Unit 1117 Saint Paul Mn 55118-4119 Ruth W Hinsch 1125 Kingsley Cir S Mendota Heights Mn 55118-4161 Thomas E & Nancy Ann Johnson 1154 Kingsley Ct S Mendota Heights Mn 55118 Matthew C Camp 1127 Kingsley Cir S Mendota Heights Mn 55118-4161 Paul G & Lisa M B Dorn 1129 Orchard Circle Mendota Heights Mn 55118-4146 Richard J & Jane C Gatti 1126 Kingsley Cir N Mendota Hts Mn 55118 Roger K & Nona Mosvick 1133 Orchard PI Saint Paul Mn 55118-4119 Shawn P & Angela M Woessner 1134 Orchard Cir Mendota Heights Mn 55118 Thomas R & Teresa J Tschida 1794 Lexington Ave S Saint Paul Mn 55118-3609 page 180 Nancy H Tste Punch 25648 North Cordova Ln Rio Verde Az 85263 Ralfs H & Mary Lou Mikelsons 108 Union Ct Ne Renton Wa 98059-5239 Robert J & Susan A Hughes 1117 Orchard PI Unit 1117 Saint Paul Mn 55118-4119 Roy & Delores Henderson 1095 Overlook Rd Saint Paul Mn 55118-3652 Stevan C & Eve R Kafitz 1094 Overlook Rd Saint Paul Mn 55118-3654 Affidavit of Publication State of Minnesota SS County of Dakota JANINE GAFFNEY page 181 , 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 ND week, for 1 successive weeks; it was first published on SUNDAY , the 2 day of OCTOBER , 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 *abcdefghijkl mnopq rstuvwxyz Subscribed and sworn to before me on this 3RD day of OCTOBER 2016 B TITLE LEG COORDINATOR Notary Public *Alphabet should be in the same size and kind of type as the notice. RATE INFORMATION =y Cornrczclon Dopims air 202, (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 182 CITY OF MENOOTA HEIGHTS NOTICE OF HEARING A PUBLIC HEARING ON REZONING AND COMPREHENI AMENDMSVE PLAN AT 1787 LEXINGTONENT AVENUE SOUTH TO WHOM IT MAY CONCERN, NOTICE isThereby given that the Planning Commission of Mendota Heights will meet at 7:00P.M. or as soon as ((possible thereafter,) on Tuesday, October 25,' 2016 in the City Hall Council Chambers, 1101 Victoria Curve, Mendota Heights, Minnesota, to consider a rezoning and comprehensive plan amendment requests at 1787 Lexington Avenue South. This request has been assigned Planning Case number 2016-42. 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: Oct, 2, 2016) cowl"' nLii CITY OF MENDOTA HEIGHTS page 183 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com DATE: November 1, 2016 TO: Mayor and City Council FROM: Kristen Schabacker, Finance Director SUBJECT: 2016 Bond Issue INTRODUCTION The Council will be asked to approve the issuance and sale of $1.02 million in General Obligation bonds, which are being sold to finance the City's portion of the 2016 street improvements project. BACKGROUND At the October 4, 2016 city council meeting, the council authorized the public sale of $1,020,000 General Obligation Improvement Bonds. The issue will be financing the Mendota Road street project. I had a conference call with Standard & Poor's on October 24, 2016. The rating had not been released when this agenda packet was being prepared. We will have the rating available at the council meeting. The proposal opening will be held on November 1, 2016 and the results of the opening will be presented that evening at the council meeting. The council will take action on the sale at the November 1, 2016 council meeting. A representative from Ehlers and Associates will be present to present a tabulation of the bids received. BUDGET IMPACT The bonds will be paid with a combination of special assessments and an amount levied each year for the annual bond payments. RECOMMENDATION Staff recommend that council pass a motion to adopting: Resolution 2016-87 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $1,020,000 GENERAL OBLIGATION BONDS, SERIES 2016A, PLEDGING SPECIAL ASSESSMENTSFOR THE SECURITY THEREOF AND LEVYING A TAX FOR THE PAYMENT THEREOF. page 184 RESOLUTION 2016-87 PROVIDING FOR THE ISSUANCE AND SALE OF $1,020,000 GENERAL OBLIGATION BONDS, SERIES 2016A, PLEDGING SPECIAL ASSESSMENTS FOR THE SECURITY THEREOF AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City Council of the City of Mendota Heights, Minnesota (the "City"), has heretofore determined and declared that it is necessary and expedient to issue $1,020,000 General Obligation Bonds, Series 2016A (the "Bonds" or individually, a "Bond") of the City, pursuant to Minnesota Statutes, Chapters 429 and 475, to finance the construction of various improvements in the City (the "Improvements"); and B. WHEREAS, the Improvements and all their components have been ordered prior to the date hereof, after a hearing thereon for which notice was given describing the Improvements or all their components by general nature, estimated cost, and area to be assessed; and C. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"), as its independent financial advisor for the sale of the Bonds and is therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9) and proposals to purchase the Bonds have been solicited by Ehlers; and D. WHEREAS, the offers set forth on Exhibit A attached hereto were received by the Clerk, or designee, at the offices of Ehlers at 10:00 A.M., on the date hereof, pursuant to the Preliminary Official Statement, dated October 20, 2016 established for the Bonds; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. Acceptance of Offer. The proposal of (the "Purchaser"), to purchase the Bonds in accordance with the Preliminary Official Statement, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ , plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received and is hereby accepted, and the Bonds are hereby awarded to the Purchaser. The Finance Director is directed to retain the deposit of the Purchaser and to forthwith return to the unsuccessful bidders their good faith checks or drafts. 2. Bond Terms. (a) Title; Original Issue Date; Denominations; Maturities; Term Bond Option. The Bonds shall be titled "General Obligation Bonds, Series 2016A", shall be dated November 22, page 185 2016, as the date of original issue and shall be issued forthwith on or after such date in fully registered form. The Bonds shall be numbered from R-1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations"). The Bonds shall mature on February 1 in the years and amounts as follows: Year Amount Year Amount 2019 $ 2029 $ 2020 2030 2021 2031 2022 2032 2023 2033 2024 2034 2025 2035 2026 2036 2027 2037 2028 As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). (b) Book Entry Only System. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the page 186 Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10 hereof, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book -entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book -entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations"). (vii) All transfers of beneficial ownership interests in each Bond issued in book -entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any page 187 consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than 15 calendar days in advance of such special record date to the extent possible. (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (c) Termination of Book -Entry Only System. Discontinuance of a particular Depository's services and termination of the book -entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book -entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 10 hereof. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10 hereof, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 10 hereof. (d) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Purpose. The Bonds shall provide funds to finance the Improvements. The total cost of the Improvements, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. Work on the Improvements shall proceed with due diligence to completion. The City covenants that it shall page 188 do all things and perform all acts required of it to assure that work on the Improvements proceeds with due diligence to completion and that any and all permits and studies required under law for the Improvements are obtained. 4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2017, calculated on the basis of a 360 -day year of twelve 30 -day months, at the respective rates per annum set forth opposite the maturity years as follows: Year Amount Year Amount 2019 $ 2029 $ 2020 2030 2021 2031 2022 2032 2023 2033 2024 2034 2025 2035 2026 2036 2027 2037 2028 5. Redemption. All Bonds maturing on February 1, 2026 and thereafter, shall be subject to redemption and prepayment at the option of the City on February 1, 2025, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the City; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds not more than sixty (60) days and not fewer than thirty (30) days prior to the date fixed for redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall page 189 authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 6. Bond Registrar. Bond Trust Services Corporation, in Roseville, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12 of this resolution. 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: page 190 UNITED STATES OF AMERICA STATE OF MINNESOTA DAKOTA COUNTY CITY OF MENDOTA HEIGHTS R- $ GENERAL OBLIGATION BOND, SERIES 2016A INTEREST MATURITY DATE OF RATE DATE ORIGINAL ISSUE CUSIP FEBRUARY 1, REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: November 22, 2016 THE CITY OF MENDOTA HEIGHTS, Dakota County, Minnesota (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, unless called for earlier redemption, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2017, at the rate per annum specified above (calculated on the basis of a 360 -day year of twelve 30 -day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of Bond Trust Services Corporation, in Roseville, Minnesota (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be required for payment of the redemption price upon a partial redemption of page 191 this Bond. Until termination of the book -entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. Optional Redemption. All Bonds of this issue (the "Bonds") maturing on February 1, 2026, and thereafter, are subject to redemption and prepayment at the option of the Issuer on February 1, 2025, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the Issuer; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds not more than sixty (60) days and not fewer than thirty (30) days prior to the date fixed for redemption. Selection of Bonds for Redemption; Partial Redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount of $1,020,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council of the Issuer on November 1, 2016 (the "Resolution"), for the purpose of providing money to finance the construction of various improvements within the jurisdiction of the Issuer. This Bond is payable out of the General Obligation Bonds, Series 2016A Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. page 192 Denominations; Exchange; Resolution. The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or by the Holder's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Qualified Tax -Exempt Obligation. This Bond has been designated by the Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Mendota Heights, Dakota County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of page 193 its Mayor and Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: Registrable by: BOND TRUST SERVICES CORPORATION November 22, 2016 BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the Resolution mentioned Within. BOND TRUST SERVICES CORPORATION, Roseville, Minnesota Bond Registrar By Authorized Signature Payable at: BOND TRUST SERVICES CORPORATION CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA /s/ Facsimile Mayor /s/ Facsimile Clerk page 194 ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Cust) (Minor) under the Uniform Transfers to Minors Act (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad -15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Bond is held by joint account.) page 195 8. Execution. The Bonds shall be in typewritten form, shall be executed on behalf of the City by the signatures of its Mayor and Clerk and be sealed with the seal of the City; provided, as permitted by law, both signatures may be photocopied facsimiles and the corporate seal has been omitted. In the event of disability or resignation or other absence of either officer, the Bonds may be signed by the manual or facsimile signature of the officer who may act on behalf of the absent or disabled officer. In case either officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. 9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on such Bond, substantially in the form hereinabove set forth, shall have been duly executed by the Bond Registrar. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue, which date is November 22, 2016. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration; Transfer; Exchange. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. page 196 All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The Finance Director is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment; Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth (15th) day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten (10) days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12 above) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 14. Delivery; Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. There is hereby created a special fund to be designated the "General Obligation Bonds, Series 2016A Fund" (the "Fund") to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the page 197 manner herein specified until all of the Bonds and the interest thereon have been fully paid. There shall be maintained in the Fund two (2) separate accounts, to be designated the "Construction Account" and "Debt Service Account," respectively. (a) Construction Account. To the Construction Account there shall be credited the proceeds of the sale of the Bonds, less capitalized interest and less any amount paid for the Bonds in excess of the minimum bid, plus any special assessments levied with respect to the Improvements and collected prior to completion of the Improvements and payment of the costs thereof. From the Construction Account there shall be paid all costs and expenses of making the Improvements listed in paragraph 16, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65. Moneys in the Construction Account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Bonds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection of taxes or special assessments herein levied or covenanted to be levied; and provided further that if upon completion of the Improvements there shall remain any unexpended balance in the Construction Account, the balance (other than any special assessments) shall be transferred by the Council to the Debt Service Account or the fund of any other improvement instituted pursuant to Minnesota Statutes, Chapter 429, and provided further that any special assessments credited to the Construction Account shall only be applied towards payment of the costs of the Improvements upon adoption of a resolution by the City Council determining that the application of the special assessments for such purpose will not cause the City to no longer be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. (b) Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (i) all collections of special assessments herein covenanted to be levied with respect to the Improvements and either initially credited to the Construction Account and not already spent as permitted above and required to pay any principal and interest due on the Bonds or collected subsequent to the completion of the Improvements and payment of the costs thereof; (ii) all funds paid for the Bonds in excess of the minimum bid; (iii) capitalized interest in the amount of $ (together with interest earnings thereon and subject to such other adjustments as are appropriate to provide sufficient funds to pay interest due on the Bonds on or before ); (iv) any collections of all taxes herein or hereafter levied for the payment of the Bonds and interest thereon; (v) all funds remaining in the Construction Account after completion of the Improvements and payment of the costs thereof, not so transferred to the account of another improvement; (vi) all investment earnings on funds held in the Debt Service Account; and (vii) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The Debt Service Account shall be used solely to pay the principal and interest and any premiums for redemption of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said account as provided by law. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (2) in addition to the above in an amount not greater than the lesser of five percent (5%) of the proceeds of the Bonds or $100,000. page 198 To this effect, any proceeds of the Bonds and any sums from time to time held in the Construction Account or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then -applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code"). 16. Assessments. It is hereby determined that no less than twenty percent (20%) of the cost to the City of each Improvement financed hereunder within the meaning of Minnesota Statutes, Section 475.58, Subdivision 1(3), shall be paid by special assessments to be levied against every assessable lot, piece and parcel of land benefitted by the Improvements. The City hereby covenants and agrees that it will let all construction contracts not heretofore let within one year after ordering each Improvement financed hereunder unless the resolution ordering the Improvement specifies a different time limit for the letting of construction contracts. The City hereby further covenants and agrees that it will do and perform, as soon as they may be done, all acts and things necessary for the final and valid levy of such special assessments, and in the event that any such assessment be at any time held invalid with respect to any lot, piece or parcel of land due to any error, defect, or irregularity in any action or proceedings taken or to be taken by the City or this Council or any of the City officers or employees, either in the making of the assessments or in the performance of any condition precedent thereto, the City and this Council will forthwith do all further acts and take all further proceedings as may be required by law to make the assessments a valid and binding lien upon such property. The special assessments have heretofore been authorized. Subject to such adjustments as are required by conditions in existence at the time the assessments are levied, it is hereby determined that the assessments shall be payable in equal, consecutive, annual installments, including both principal and interest, with interest at a rate per annum set forth below: Improvement Collection Designation Amount Levy Years Year SEE ATTACHED SCHEDULE At the time the assessments are in fact levied the City Council shall, based on the then current estimated collections of the assessments, make any adjustments in any ad valorem taxes required to be levied in order to assure that the City continues to be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. 17. Tax Levy; Coverage Test. To provide moneys for payment of the principal and interest on the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Year of Tax Year of Tax Levy Collection SEE ATTACHED SCHEDULE Amount page 199 The tax levies are such that if collected in full they, together with estimated collections of special assessments and other revenues herein pledged for the payment of the Bonds, will produce at least five percent (5%) in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies shall be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. 18. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 19. Compliance With Reimbursement Bond Regulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the "reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure"). The City hereby certifies and/or covenants as follows: (a) Not later than 60 days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional page 200 description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project"); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed 20% of the "issue price" of the Bonds, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or 5% of the proceeds of the Bonds. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Bonds or any of the other types of expenditures described in Section 1.150-2(d)(3) of the Reimbursement Regulations. (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Bonds and in all events within the period ending on the date which is the later of three years after payment of the Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service. (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Bonds are issued, shall be treated as made on the day the Bonds are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that such action will not impair the tax-exempt status of the Bonds. 20. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 21. Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described to: (a) Provide or cause to be provided to the Municipal Securities Rulemaking Board (the "MSRB") by filing at www.emma.msrb.org in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. page 201 (b) Provide or cause to be provided to the MSRB notice of the occurrence of certain events with respect to the Bonds in not more than ten (10) business days after the occurrence of the event, in accordance with the Undertaking. (c) Provide or cause to be provided to the MSRB notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking, in not more than ten (10) business days following such occurrence. (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and Clerk of the City, or any other officer of the City authorized to act in their place (the "Officers") are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers. 22. Certificate of Registration and Tax Levy. The Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Dakota County, Minnesota, together with such other information as the County Auditor shall require, and to obtain from the County Auditor the certificate that the Bonds have been entered in the County Auditor's Bond Register, and that the tax levy required by law has been made. 23. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 24. Negative Covenant as to Use of Bond Proceeds and Improvements. The City hereby covenants not to use the proceeds of the Bonds or to use the Improvements, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Improvements, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 25. Tax -Exempt Status of the Bonds; Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (a) requirements relating to temporary periods for investments, (b) limitations on amounts invested at a yield greater than the yield on the Bonds, and (c) the rebate of excess investment earnings to the United States, if the Bonds (together with other obligations reasonably expected page 202 to be issued and outstanding at one time in this calendar year) exceed the small issuer exception amount of $5,000,000. For purposes of qualifying for the exception to the federal arbitrage rebate requirements for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and declares that: (a) the Bonds are issued by a governmental unit with general taxing powers; (b) no Bond is a private activity bond; (c) ninety-five percent or more of the net proceeds of the Bonds are to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the City); and (d) the aggregate face amount of all tax exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities thereof, and all entities treated as one issuer with the City) during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) of the Code. 26. Designation of Qualified Tax -Exempt Obligations. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code. (d) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2016 will not exceed $10,000,000; and (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2016 have been designated for purposes of Section 265(b)(3) of the Code; and (f) the aggregate face amount of the Bonds does not exceed $10,000,000. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. page 203 27. Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 28. Official Statement. The Official Statement relating to the Bonds prepared and distributed by Ehlers is hereby approved and the officers of the City are authorized in connection with the delivery of the Bonds to sign such certificates as may be necessary with respect to the completeness and accuracy of the Official Statement. 29. Payment of Issuance Expenses. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to KleinBank, Chaska, Minnesota, on the closing date for further distribution as directed by the City's financial advisor, Ehlers. 30. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. Adopted by the City Council of the City of Mendota Heights this 1St day of November, 2016. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST Lorri Smith, City Clerk page 204 STATE OF MINNESOTA COUNTY OF DAKOTA CITY OF MENDOTA HEIGHTS I, the undersigned, being the duly qualified and acting Clerk of the City of Mendota Heights, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council, duly called and held on the date therein indicated, insofar as such minutes relate to authorizing the issuance of and awarding the sale of $1,020,000 General Obligation Bonds, Series 2016A. WITNESS my hand this day of November, 2016. Clerk page 205 EXHIBIT A PROPOSALS [To be supplied by Ehlers & Associates, Inc.] page 206 EXHIBIT B SCHEDULES [To be supplied by Ehlers & Associates, Inc.] page 207 STATE OF MINNESOTA COUNTY AUDITOR'S CERTIFICATE COUNTY OF DAKOTA AS TO TAX LEVY AND REGISTRATION I, the undersigned, being the duly qualified and acting County Auditor of Dakota County, Minnesota, DO HEREBY CERTIFY that on the date hereof, there was filed in my office a certified copy of a resolution adopted on November 1, 2016 by the City Council of the City of Mendota Heights, Minnesota, authorizing the issuance of $1,020,000 General Obligation Bonds, Series 2016A (the "Bonds"), and levying a tax for the payment thereof, together with full information regarding the Bonds for which the tax was levied; and the Bonds have been entered in my Bond Register and the tax levy required by law has been made. WITNESS my hand and the seal of the County Auditor on , 2016. County Auditor (SEAL) page 208 SIGNATURE AND NONLITIGATION CERTIFICATE We, the undersigned, being respectively the duly qualified and acting Mayor and Clerk of the City of Mendota Heights, Dakota County, Minnesota, DO HEREBY CERTIFY that we did, in our official capacities as such officers, sign our own proper names by facsimile signature, attested by the manual signature of a person or persons authorized on behalf of Bond Trust Services Corporation, in Roseville, Minnesota, duly designated by the City Council as Bond Registrar and authenticating agent (the corporate seal of the City having been intentionally omitted as permitted by law), on the City's $1,020,000 General Obligation Bonds, Series 2016A (the "Bonds"), dated November 22, 2016, as the date of original issue, and numbered from R-1 upward, each in the denomination equal to the total principal amount for the Bonds due on the specified maturity date therefor. The Bonds mature on February 1 in the years and amounts and bear interest until paid or discharged as follows: Year Amount Interest Rate Year Amount Interest Rate 2019 $ % 2029 $ % 2020 2030 2021 2031 2022 2032 2023 2033 2024 2034 2025 2035 2026 2036 2027 2037 2028 WE FURTHER CERTIFY that the signature of Kristen Schabacker affixed hereto is the true and proper signature of the qualified Finance Director of the City. WE FURTHER CERTIFY that we are now and were on the date of signing the Bonds, the duly qualified and acting officers therein indicated, and duly authorized to execute the same, and that Bond Trust Services Corporation, in Roseville, Minnesota, has been duly authorized to act as agent of the City for purposes of authenticating the Bonds by one or more persons signing bonds on behalf of the Bond Registrar, and we hereby ratify, confirm, and adopt our facsimile signatures on the Bonds as the true and proper signatures for the execution thereof. WE FURTHER CERTIFY that the Bonds have been in all respects duly executed for delivery pursuant to authority conferred upon us as such officers; and no obligations other than the Bonds have been issued pursuant to such authority, and that none of the proceedings or records which have been certified to the purchasers of the Bonds or the attorneys approving the same have been in any manner repealed, amended or changed, and that there has been no change in the financial condition of the City or of the facts affecting the Bonds. WE FURTHER CERTIFY that the Official Statement prepared for the issuance of the Bonds as of its date and the date hereof, did not and does not contain any untrue statement of page 209 material fact or omit to state any material fact necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading. WE FURTHER CERTIFY that there is no litigation pending or, to our knowledge, threatened questioning the organization or boundaries of the City, or the right of any of us to our respective offices, or in any manner questioning our right and power to execute and deliver the Bonds, or otherwise questioning the validity of the Bonds or the levy of taxes or the pledge of special assessments for the payment of the Bonds and the interest thereon. Dated: November 22, 2016. page 210 CITY OF MENDOTA HEIGHTS, MINNESOTA By Its Mayor By Its Clerk By Its Finance Director page 211 FINANCE DIRECTOR'S RECEIPT I, the undersigned, being the duly qualified and acting Finance Director of the City of Mendota Heights, Dakota County, Minnesota, DO HEREBY CERTIFY AND ACKNOWLEDGE that on the date hereof, I received from , in , the purchaser of $1,020,000 General Obligation Bonds, Series 2016A, dated November 22, 2016 as the date of original issue, $ , the purchase price thereof, no interest having accrued thereon to the date hereof, and the Bonds were thereupon delivered to the purchaser. Dated: November 22, 2016. page 212 CITY OF MENDOTA HEIGHTS, MINNESOTA By Its Finance Director page 213 NONARBITRAGE CERTIFICATE The undersigned are the duly qualified and acting Mayor, Clerk and Finance Director of the City of Mendota Heights, Dakota County, Minnesota (the "City" or "Issuer"), charged, either alone or with others, with the responsibility of issuing the $1,020,000 General Obligation Bonds, Series 2016A, dated November 22, 2016, as the date of original issue (the "Bonds"). This Certificate is being executed in accordance with the income tax regulations relating to arbitrage bonds (the "Regulations") and may be relied upon as a certification under Section 1.148-2(b)(2) of the Regulations under Section 148 of the Internal Revenue Code of 1986, as amended (the "Code"). The undersigned, having made an investigation of the facts, circumstances and estimates pertaining to and in connection with the Bonds, hereby certify and reasonably expect as follows with respect to the Bonds: 1. Purpose; Statement. The proceeds of the Bonds will be used to finance the construction of various improvements in the City (the "Project"). As of the date hereof, all of the representations and statements of fact contained in the resolution adopted by the City Council on November 1, 2016 (the "Resolution"), relating to the Bonds are true and correct, and nothing has occurred between the date of adoption of the Resolution and the date hereof to cause any expectation or covenant stated in the Resolution to become unlikely or impossible of occurrence or performance, unreasonable or otherwise invalid. 2. Only Issue. No bonds (in addition to the Bonds) (i) are sold or are to be sold at substantially the time as the Bonds, (ii) are sold pursuant to the same plan of financing with the Bonds, and (iii) are reasonably expected to be paid from substantially the same source of funds as the Bonds will be paid. 3. Proceeds and Uses. The Bonds were delivered and paid for on the date of this Certificate. The total sale proceeds received on the sale of the Bonds (i.e. the issue price of the Bonds or the offering price of the Bonds to the public) is $ , which together with earnings thereon (estimated to be $ ), do not exceed the total of: (i) $ , estimated total financeable costs of acquisition and betterment of the Project; and (ii) $ , interest on the Bonds to be paid from Bond proceeds or earnings thereon; and (iii) $ , expenses anticipated to be incurred in connection with the issuance of the Bonds, including Underwriting Compensation as defined below; and (iv) $ , representing unused bond discount and surplus funds will be returned to the Issuer and deposited in the Debt Service Account hereinafter described. "Underwriting Compensation" is the difference between the amount paid by the underwriter in purchasing the Bonds from the Issuer and the amount of the issue price or reoffering price of the Bonds to the public. page 214 4. Governmental Purposes; No Over -burdening the Tax -Exempt Market. The stated purposes of the Bonds are governmental purposes within the meaning of applicable law and regulations. The "Sale Proceeds" of the Bonds (i.e., the issue price of the Bonds less accrued interest), less any amounts used to pay issuance expenses, together with estimated earnings thereon, will not exceed the estimated dollar cost of financing and constructing the Project less all other funds to be expended for paying such costs. 5. Fund and Accounts. The Bonds are payable from the Issuer's General Obligation Bonds, Series 2016A Fund (the "Fund"), which Fund contains the following accounts: a Construction Account (for the construction of the Project), and a Debt Service Account (for payment of debt service on the Bonds). 6. Construction Account: Time Test; Due Diligence Test; Expenditure Test. (a) Costs of Construction and Issuance. The costs of constructing the Project and issuing the Bonds will be paid from the Construction Account in the Fund. The Issuer reasonably expects to satisfy the time test, the due diligence test and the expenditure test as set forth below: (i) Time Test. Substantial binding contracts or commitments for constructing the Project obligating the expenditure of not less than $ (five percent (5%) of the Net Sale Proceeds (as defined below) of the Bonds) have heretofore been entered into or made or will be entered into or made within six (6) months from the date hereof. "Net Sale Proceeds" is the issue price of the Bonds less the accrued interest and less any Bond proceeds deposited in any reserve fund or account. All such contracts are, or will be, binding obligations of the Issuer. (ii) Due Diligence Test. The acquisition and construction of the Project and the allocation of the Net Sale Proceeds of the Bonds to expenditures has proceeded and will continue to proceed with due diligence to completion. The Project are estimated to be completed by, 20_. (iii) Expenditure Test. Any contract or commitment for the construction of the Project heretofore or hereafter executed has provided or will provide for the acquisition and construction of the Project in less than three (3) years from the date hereof; and proceeds of the Bonds in an amount equal to at least eighty-five percent (85%) of the Net Sale Proceeds of the Bonds will be spent in paying the cost of the acquisition and construction of the Project within three (3) years from the date hereof. (b) Costs of Issuance; Transfer. The costs of issuing the Bonds will be incurred and paid within three (3) years from the date hereof. Any moneys remaining in the Construction Account after completion of the Project and payment of the costs of issuing the Bonds will be transferred to the Debt Service Account unless transferred to the fund of any other improvement as authorized by law. 7. Investments. The Issuer shall not invest amounts in the Construction Account at a yield materially higher than the yield on the Bonds or in obligations exempt from federal income page 215 taxation under Section 103(a) of the Code if and to the extent moneys remain therein after the earlier of (i) construction of the Project is complete or, (ii) three (3) years from the date hereof. 8. Debt Service Account: Funding; Investment Covenants. The principal and interest on the Bonds are payable from the Debt Service Account. The Issuer has covenanted that any sums from time to time held in the Construction Account and the Debt Service Account (or any other account of the Issuer which will be used to pay debt service on the Bonds) in excess of amounts which under then applicable federal arbitrage regulations may be invested without regard to yield (after taking into account all temporary periods) shall not be invested at a yield in excess of the applicable yield restrictions imposed by the arbitrage regulations on such investments. Other than the Debt Service Account, there is no other fund or account of cash or securities which the Issuer has set aside and expects to invest or maintain at a yield greater than the yield on the Bonds for the purpose of paying debt service on the Bonds. 9. The Debt Service Account: Bona Fide Debt Service Fund; Minor Portion; Temporary Periods; Yield. The Debt Service Account serves two functions: (i) a bona fide debt service fund (within the meaning of Section 1.148-1(b) of the Regulations) which is used primarily to achieve a proper matching of revenues and principal and interest payments within each Bond Year and is depleted at least once a Bond Year except for a reasonable carryover amount not to exceed the greater of the earnings on the Debt Service Account for the immediately preceding Bond Year or one -twelfth of principal and interest payments on the Bonds for the immediately preceding Bond Year, and (ii) a sinking fund (within the meaning of Section 1.148-1(c)(2) of the Regulations), and each such function shall be treated for the purposes hereof as if it occurred in a separate account. Amounts deposited in the Debt Service Account which are to be used to pay debt service on the Bonds within twelve months of their receipt by the Issuer (or which are a reasonable carryover amount with respect thereto) will be invested without regard to yield for a temporary period not longer than thirteen months. Receipts in the Debt Service Account which will not be used to pay debt service on the Bonds within thirteen (13) months of their receipt will be invested without regard to yield to the extent they do not exceed the "minor portion" of $ , which is an amount equal to the lesser of $100,000 or five percent of the Sale Proceeds of the Bonds. Sale Proceeds of the Bonds are the issue price of the Bonds less accrued interest. All receipts in the Debt Service Account may be invested without regard to yield for a temporary period of thirty days from receipt, and investment earnings on such sums may be invested without regard to yield for a longer temporary period of one year from receipt. Amounts not entitled to a temporary period or within said minor portion will not be invested at a yield which is materially higher than the yield on the Bonds, or will be invested without regard to yield in tax-exempt bonds as defined in Section 150(a)(6) of the Code, being obligations the interest on which is excluded from gross income under Section 103(a) of the Code. 10. Yield Determination; Materially Higher. The yield on the Bonds, based on their issue price being the initial offering price to the public (excluding bond houses and brokers), as shown in the Certificate of Purchaser, at which a substantial amount of the Bonds (at least ten percent of each maturity of the Bonds, except as otherwise set forth in the Certificate of page 216 Purchaser) were sold has been calculated to be %; this yield on the Bonds will be recalculated if and as required by the Code or the Regulations. A "materially higher" yield is defined at Section 1.148-2(d)(2) of the Regulations and is generally one-eighth of one percent (0.125%). 11. Rebate. The Issuer is a small issuer not subject to the rebate requirement imposed by Section 148(f) of the Code by reason of issuing (together with all subordinate entities thereof, and all entities treated as one with the Issuer) less than $5,000,000 of tax-exempt governmental obligations during the calendar year as provided in Section 148(f)(4)(D) of the Code. 12. Intentional Acts. The Issuer shall not take any deliberate, intentional action after the date hereof to earn arbitrage profit except to the extent such action would not have caused the Bonds to be arbitrage bonds had it been reasonably expected on the date hereof. 13. Basis For Expectations. The facts and estimates on which the foregoing expectations are based are (a) the documents included in the "Bond Transcript" prepared for the Bond Closing, (b) all engineering and architectural estimates, drawings, reports and plans and specifications heretofore furnished the Issuer with respect to the Project, (c) all contracts, if any, heretofore executed for the acquisition and construction of the Project, (d) all expenditures which were heretofore made by the Issuer for the acquisition and construction of the Project and which are to be reimbursed out of the proceeds of the Bonds, and (e) such other facts and estimates, if any, as may be set forth in an Exhibit A attached hereto. 14. No Abusive Arbitrage Devise. No "abuse arbitrage device" within the meaning of Section 1.148-10 of the Regulations is used in connection with the Bonds. No action relating to the Bonds has the effect of (a) enabling the Issuer to exploit the difference between tax-exempt and taxable interest rates to obtain a material financial advantage and (b) overburdening the tax- exempt bond market. 15. Reimbursement Expenditures. $ of the proceeds of the Bonds will be used to reimburse the Issuer for reimbursement expenditures. The official intent declaration of the Issuer was dated September 15, 2015. 16. Monitoring of Expenditures and Investments. The Issuer will monitor the investment of Bond proceeds to assure compliance with Section 148 of the Code, and the Issuer will consult with bond counsel periodically with regard to arbitrage issues and compliance. 17. Familiarity; Conclusion. We are generally familiar with the requirements of the Regulations, and nothing has been called to our attention to cause us to believe that the proceeds of the Bonds will be used in a manner which would cause the Bonds to be arbitrage bonds within the meaning of Section 148 of the Code. 18. No Other Facts. To the best of the knowledge and belief of the undersigned, there are no other facts, estimates or circumstances which would materially change the foregoing facts and conclusions. Dated: November 22, 2016. page 217 CITY OF MENDOTA HEIGHTS, MINNESOTA By Its Mayor By Its Clerk By Its Finance Director page 218 CERTIFICATE OF BOND REGISTRAR AND AUTHENTICATING AGENT $1,020,000 GENERAL OBLIGATION BONDS, SERIES 2016A CITY OF MENDOTA HEIGHTS, MINNESOTA I, , do hereby certify that I am a duly appointed and acting as such, of Bond Trust Services Corporation, located in the City of Roseville, Minnesota (the "Bond Registrar"). 1. Pursuant to authorization by, and direction of, the City of Mendota Heights, Minnesota (the "City") certain of the authorized officers listed on the attached Exhibit A have this day authenticated each of the bonds of the above referenced issue, being fully registered bonds in the denominations equal to the total principal amount of the bond issue due on the specified maturity date therefor and bearing the bond numbers of R-1 and upward and have caused each bond to be registered in the name of a "person" as defined in Section 1-201 of the Uniform Commercial Code, all in accordance with the provisions of that certain resolution adopted on November 1, 2016 by the City Council (the "Resolution"). 2. The authorized officers who have signed the bonds have been duly authorized to sign the bonds on behalf of the Bond Registrar acting as authenticating agent. 3. To the best of our knowledge the provisions of any bond registrar's agreement to be entered into between the City and the Bond Registrar will not conflict with the provisions of the Resolution with respect to the duties and responsibilities of the Bond Registrar set forth therein. 4. The CUSIP (Committee of Uniform Securities Identification Procedure) number of the bonds of the above referenced issue with the latest maturity is: Dated: November 22, 2016. BOND TRUST SERVICES CORPORATION By Its page 219 CERTIFICATE OF PURCHASER I, , do hereby certify that I am the duly qualified and acting of , in (the "Purchaser"), and as such officer I do hereby further certify as follows: 1. The Purchaser is purchasing on the date hereof General Obligation Bonds, Series 2016A (the "Bonds") of the City of Mendota Heights, Minnesota (the "Issuer"). 2. The Purchaser hereby represents and certifies that each maturity of the Bonds has been the subject of a bona fide initial offering to the public (excluding bond houses, brokers, or similar person or organizations acting in the capacity of underwriters or wholesalers) and that the reasonably expected reoffering price of the Bonds to the public is $ , excluding accrued interest. Calculations of the issue price for each maturity are as shown on Exhibit A. 3. At least 10% of the principal amount of each maturity of the Bonds was sold to the public (excluding bond houses, brokers, or similar persons or organizations acting in the capacity of underwriters or wholesalers) at not greater than the respective initial reoffering prices set forth on Exhibit A, except for the Bonds maturing in the years , , and , due to [explanation for reasons these maturities did not sell at initial offering prices] . 4. At the time the Purchaser agreed to purchase the Bonds, based upon the then prevailing market conditions, the Purchaser reasonably expected that at least 10% of the principal amount of each maturity of the Bonds would be sold to the public (excluding bond houses, brokers, or similar persons or organizations acting in the capacity of underwriters or wholesalers) at the yield or price and rate indicated on Exhibit A, and the Purchaser had no reason to believe that any of the Bonds would be sold to the public (excluding bond houses, brokers or other persons or organizations acting in the capacity as underwriters or wholesalers) at prices greater than such offering prices or yields lower than such offering yields, as the case may be, and that the initial offering price of each maturity of the Bonds to the public (excluding bond houses, brokers, or other persons or organizations acting in the capacity as underwriters or wholesalers) represented their fair market value. 5. This certificate is given as a representation of the Purchaser, and may be relied upon by the Issuer. Dated: November 22, 2016. By Its Initial Offering Price* (Exclusive of Maturity Accrued Interest) 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 SUBTOTAL $ PLUS ACCRUED INTEREST** $ ISSUE PRICE* (AGGREGATE) $ EXHIBIT A page 220 *Issue Price is the price to customers, and includes accrued interest. **Assuming deliveries to customers on the date of delivery to the Purchaser by the Issuer. page 221 CERTIFICATE OF MUNICIPAL ADVISOR The undersigned, being duly authorized to execute this Certificate on behalf of Ehlers & Associates, Inc., in Roseville, Minnesota (the "Municipal Advisor"), DOES HEREBY CERTIFY: 1. We have served as the Municipal Advisor in connection with the sale of $1,020,000 General Obligation Bonds, Series 2016A (the "Bonds") of the City of Mendota Heights, Minnesota (the "Issuer"), dated November 22, 2016. 2. The information set forth in the resolution of the governing body of the Issuer, adopted on November 1, 2016, providing for the issuance of the Bonds, is true and correct in all respects. 3. We have examined the Nonarbitrage Certificate of even date herewith and hereby certify that we furnished the Issuer the information on which the Certificate has been based, that such information is to the best of our knowledge true and correct in all respects and that no matters have come to our attention which make unreasonable or incorrect the representations made in the Nonarbitrage Certificate. 4. We hereby certify that the following information is true and correct and is furnished for the exclusive purpose of completing Form 8038-G, Information Return for Tax - Exempt Governmental Obligations ("Form 8038-G"), for the Bonds issued by the Issuer: (a) the Issuer's federal employer identification number (EIN) is 41-6008695; (b) the weighted average maturity based on the issue price of each maturity of the Bonds and from their date of issue (not based on the face amount of the Bonds or from their dated date) is years; and (c) the yield on the Bonds to maturity, based on the information supplied by the Purchaser in the Certificate of Purchaser %. Dated: November 22, 2016. EHLERS & ASSOCIATES, INC. By Its page 222 CONTINUING DISCLOSURE UNDERTAKING This Continuing Disclosure Undertaking (the "Disclosure Undertaking") is executed and delivered by the City of Mendota Heights, Minnesota (the "Issuer"), in connection with the issuance of $1,020,000 General Obligation Bonds, Series 2016A (the "Bonds"). The Bonds are being issued pursuant to a Resolution adopted on November 1, 2016 (the "Resolution"). Pursuant to the Resolution and this Undertaking, the Issuer covenants and agrees as follows: SECTION 1. Purpose of the Disclosure Undertaking. This Disclosure Undertaking is being executed and delivered by the Issuer for the benefit of the Owners and in order to assist the Participating Underwriters in complying with SEC Rule 15c2 -12(b)(5). SECTION 2. Definitions. In addition to the definitions set forth in the Resolution, which apply to any capitalized term used in this Disclosure Undertaking unless otherwise defined in this Section, the following capitalized terms shall have the following meanings: "Annual Report" shall mean any annual financial information provided by the Issuer pursuant to, and as described in, Sections 3 and 4 of this Disclosure Undertaking. "Audited Financial Statements" shall mean the financial statements of the Issuer audited annually by an independent certified public accounting firm, prepared pursuant to generally accepted accounting principles promulgated by the Financial Accounting Standards Board, modified by governmental accounting standards promulgated by the Government Accounting Standards Board. "Dissemination Agent" shall mean such party from time to time designated in writing by the Issuer to act as information dissemination agent and which has filed with the Issuer a written acceptance of such designation. "Fiscal Year" shall be the fiscal year of the Issuer. "Governing Body" shall, with respect to the Bonds, have the meaning given that term in Minnesota Statutes, Section 475.51, Subdivision 9. "MSRB" shall mean the Municipal Securities Rulemaking Board. "Occurrence(s)" shall mean any of the events listed in Section 5 of this Disclosure Undertaking. "Official Statement" shall be the Official Statement dated , 2016, prepared in connection with the Bonds. "Owners" shall mean the registered holders and, if not the same, the beneficial owners of any Bonds. "Participating Underwriter" shall mean any of the original underwriters of the Bonds required to comply with the Rule in connection with offering of the Bonds. page 223 "Resolution" shall mean the resolution or resolutions adopted by the Governing Body of the Issuer providing for, and authorizing the issuance of, the Bonds. "Rule" shall mean Rule 15c2 -12(b)(5) adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be amended from time to time or interpreted by the Securities and Exchange Commission. SECTION 3. Provision of Annual Reports. A. Beginning in connection with the Fiscal Year ending on December 31, 2016, the Issuer shall, or shall cause the Dissemination Agent to, as soon as available, but in any event not later than December 31, 2017, and by December 31 of each year thereafter, provide to the MSRB by filing at www.emma.msrb.org, together with such identifying information as prescribed by the MSRB, an Annual Report which is consistent with the requirements of Section 4 of this Disclosure Undertaking. B. If the Issuer is unable to provide to the MSRB an Annual Report by the date required in subsection A, the Issuer shall send a notice of such delay and estimated date of delivery to the MSRB. SECTION 4. Content and Format of Annual Reports. The Issuer's Annual Report shall contain or incorporate by reference the financial information and operating data pertaining to the Issuer listed below as of the end of the preceding Fiscal Year. The Annual Report may be submitted to the MSRB as a single document or as separate documents comprising a package, and may cross-reference other information as provided in this Disclosure Undertaking. The following financial information and operating data shall be supplied: A. An update of the operating and financial data of the type of information contained in the Official Statement under the captions: Current Property Valuations; Direct Debt; Tax Levies and Collections; US Census Data/Population Trend; and Employment/Unemployment Data. B. Audited Financial Statements of the Issuer. The Audited Financial Statements of the Issuer may be submitted to the MSRB separately from the balance of the Annual Report. In the event Audited Financial Statements of the Issuer are not available on or before the date for filing the Annual Report with the MSRB as set forth in Section 3.A. above, unaudited financial statements shall be provided as part of the Annual Report. The accounting principles pursuant to which the financial statements will be prepared will be pursuant to generally accepted accounting principles promulgated by the Financial Accounting Standards Board, as such principles are modified by the governmental accounting standards promulgated by the Government Accounting Standards Board, as in effect from time to time. If Audited Financial Statements are not provided because they are not available on or before the date for filing the Annual Report, the Issuer shall promptly provide them to the MSRB when available. SECTION 5. Reporting of Significant Events. This Section 5 shall govern the giving of notices of the occurrence of any of the following events with respect to the Bonds: page 224 (1) Principal and interest payment delinquencies; (2) Non-payment related defaults, if material; (3) Unscheduled draws on debt service reserves reflecting financial difficulties; (4) Unscheduled draws on credit enhancements reflecting financial difficulties; (5) Substitution of credit or liquidity providers, or their failure to perform; (6) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701- TEB), or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; (7) Modifications to rights of security holders, if material; (8) Bond calls, if material, and tender offers; (9) Defeasances; (10) Release, substitution, or sale of property securing repayment of the Bonds, if material; (11) Rating changes; (12) Bankruptcy, insolvency, receivership or similar event of the Issuer; (13) The consummation of a merger, consolidation, or acquisition involving an obligated person or the sale of all or substantially all of the assets of the obligated person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; (14) Appointment of a successor or additional trustee or the change of name of a trustee, if material. Whenever an event listed above has occurred, the Issuer shall promptly, which may not be in excess of the ten (10) business days after the Occurrence, file a notice of such Occurrence with the MSRB, by filing at www.emma.msrb.org, together with such identifying information as prescribed by the MSRB. The Issuer agrees to provide or cause to be provided, in a timely manner, to the MSRB notice of a failure by the Issuer to provide the Annual Reports described in Section 4. SECTION 6. Termination of Reporting Obligation. The Issuer's obligations under this Disclosure Undertaking shall terminate upon the legal defeasance, prior redemption or payment in full of all of the Bonds. SECTION 7. Dissemination Agent. The Issuer may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure Undertaking, and may discharge any such Agent, with or without appointing a successor Dissemination Agent. SECTION 8. Amendment; Waiver. Notwithstanding any other provision of this Disclosure Undertaking, the Issuer may amend this Disclosure Undertaking, and any provision of this Disclosure Undertaking may be waived, if (a) a change in law or change in the ordinary business or operation of the Issuer has occurred, (b) such amendment or waiver would not, in and of itself, cause the undertakings herein to violate the Rule if such amendment or waiver had been page 225 effective on the date hereof but taking into account any subsequent change in or official interpretation of the Rule, and (c) such amendment or waiver is supported by an opinion of counsel expert in federal securities laws to the effect that such amendment or waiver would not materially impair the interests of Owners. SECTION 9. Additional Information. Nothing in this Disclosure Undertaking shall be deemed to prevent the Issuer from disseminating any other information, using the means of dissemination set forth in this Disclosure Undertaking or any other means of communication, or including any other information in any Annual Report or notice of an Occurrence, in addition to that which is required by this Disclosure Undertaking. If the Issuer chooses to include any information in any Annual Report or notice of an Occurrence in addition to that which is specifically required by this Disclosure Undertaking, the Issuer shall have no obligation under this Disclosure Undertaking to update such information or include it in any future Annual Report or notice of an Occurrence. SECTION 10. Default. In the event of a failure of the Issuer to provide information required by this Disclosure Undertaking, any Owner may take such actions as may be necessary and appropriate, including seeking mandamus or specific performance by court order, to cause the Issuer to comply with its obligations to provide information under this Disclosure Undertaking. A default under this Disclosure Undertaking shall not be deemed an Event of Default under the Resolution, and the sole remedy under this Disclosure Undertaking in the event of any failure of the Issuer to comply with this Disclosure Undertaking shall be an action to compel performance. SECTION 11. Beneficiaries. This Disclosure Undertaking shall inure solely to the benefit of the Issuer, the Participating Underwriters and Owners from time to time of the Bonds, and shall create no rights in any other person or entity. SECTION 12. Reserved Rights. The Issuer reserves the right to discontinue providing any information required under the Rule if a final determination should be made by a court of competent jurisdiction that the Rule is invalid or otherwise unlawful or, subject to the provisions of Section 8 hereof, to modify the undertaking under this Disclosure Undertaking if the Issuer determines that such modification is required by the Rule or by a court of competent jurisdiction. Dated: November 22, 2016. page 226 CITY OF MENDOTA HEIGHTS, MINNESOTA By Its Mayor By Its Clerk page 227 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 COUNCIL ACTION DATE: November 1, 2016 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Resolution 2016-88 — Accept Bids and Award Contract for the 35E & Marie Avenue Storm Sewer Improvements (Project No. 201615) COMMENT: INTRODUCTION The Council is asked to approve resolution 2016-88, awarding a contract for storm sewer improvements at 35E & Marie Avenue. BACKGROUND Mendota Heights connected to a Minnesota Department of Transportation (MnDOT) storm sewer pipe in 1973 in conjunction with the Marie Avenue Improvement Project (Project No. 7237). The MnDOT pipe that was connected to is a 15" corrugated metal pipe. DISCUSSION Staff was alerted to a sink hole in the trail along Marie Avenue under 35E earlier this summer. Staff assessed the site and determined that the corrugated metal pipe under the roadway had deteriorated and alerted MnDOT. After a review and assessment by MnDOT staff, they determined that the pipe cannot carry both entities' water (City & State) and are requiring the city to disconnect from their pipe. Staff worked with MnDOT on options on how to address this. The preferred option is to install a new outlet into the ditch in the northwest quadrant of the Marie Avenue/35E intersection, where MnDOT has a larger pipe that can handle the water. Staff developed plans and solicited and received quotes from three contractors. Didion Contracting, Inc. submitted the lowest responsible bid at $70,419.50. Mendota Heights Purchasing Policy requires projects greater than $50,000 to be competitively bid. (State law allows for expenditures up to $100,000, without having to go to competitive bids.) The Council is asked to waive this requirement for this project, as a competitive bidding process would delay the project until next spring. The trail would be a public safety concern until repairs are made. BUDGET IMPACT The proposed project is proposed to be funded from the Storm Water Utility Fund, which has an adequate balance to complete this improvement. page 228 RECOMMENDATION Staff recommends Council approve resolution 2016-88, accepting bids and awarding the project to Didion Contracting, Inc. ACTION REQUIRED If Council wishes to enact the staff recommendation, it should pass a motion adopting A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE 35E & MARIE AVENUE STORM SEWER IMPROVEMENTS (PROJECT NO. 201615). This action requires a simple majority vote. page 229 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2016-88 A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE 35E & MARIE AVENUE STORM SEWER IMPROVEMENTS (PROJECT #201615) WHEREAS, pursuant to solicited bids for the proposed construction of storm sewer, ditch grading, erosion repair and related appurtenant work of 35E & Marie Avenue, bids were received, opened, and tabulated and the following bids were received: NAME OF BIDDER Didion Contracting, Inc. Northdale Construction, Inc. G.F. Jedlicki, Inc. and AMOUNT OF BID $70,419.50 $78,333.60 $86,347.50 WHEREAS, the City Engineer recommended that the lowest responsible bid submitted by Didion Contracting, Inc. of Prior Lake, Minnesota, be accepted NOW THEREFORE BE IT RESOLVED; by the Mendota Heights City Council as follows: 1. That the bids for the above project are hereby received and accepted. 2. That the Mendota Heights purchasing policy be waived to accept bids under $100,000 without the requirement for competitive bidding. 3. That the bid of Didion Contracting, Inc. of Rosemount, Minnesota, submitted for the construction of the above described improvements be and the same is hereby accepted. 4. That the contract be awarded to Didion Contracting, Inc. of Prior Lake, Minnesota, and that the Mayor and Clerk are hereby authorized and directed to execute and deliver any and all contracts and documents necessary to consummate the awarding of said bids. Adopted by the City Council of the City of Mendota Heights this 1St day of November 2016. CITY COUNCIL CITY OF MENDOTA HEIGHTS ATTEST Sandra Krebsbach, Mayor Lorri Smith, City Clerk fit IrWillill.ilik' M{CITY OF MENDGTA HEIGHTS page 230 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com DATE: November 1, 2016 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Mendota Plaza Development Agreement COMMENT: INTRODUCTION The City Council is asked to approve the 6th amendment to the Developers Agreement for the Mendota Plaza retail/residential development. BACKGROUND At the October 18th City Council meeting, the Council heard an update on the status of the Development Agreement which will facilitate the Mendota Plaza development for At Home Apartments' 139 unit residential development, and the Paster Property's commercial development. That followed action taken at the October 4th City Council meeting which approved the necessary wetlands permit, Conditional Use Permit for a Planned Unit Development, and a Preliminary and Final Plat. At the last meeting, the Council's discussion about Paragraph 14 of the 6th amendment included the possibility of requiring the developers to bring failures of the Dodd Road intersections of North Plaza, and South Plaza Drive that are directly related to the project, to a Level of Service (LOS) "C", rather than a "D". LOS C is a more free-flowing traffic condition. The differences in service levels are determined by delays in traffic at intersections. A chart showing the different LOS and delays is shown below. LOS Delay A 510 sec B i 10-20 sec C 20-35 sec D 35-55 sec E 55-80 sec F >80 sec page 231 I have subsequently spoken with the MNDOT Area Traffic Engineer about the two intersections, and the desire for a LOS C. He said that the difference between the LOS C and D could be minimal—it might mean as little as a one second delay difference between a low LOS C and a high LOS D. LOS D is an acceptable traffic movement. The revised agreement also states that the Developer is responsible for improvements when traffic conditions fall to an overall LOS F, not below a LOS F. (The MNDOT representative stated that MNDOT does not use anything below an "F" in their definitions). Finally in paragraph 14, the term "overall" has been added to the description for LOS F. The concern of the developer is that there are periods of time with the existing traffic conditions that North Plaza Drive is already at a LOS F, and it does not want to be responsible for a remedy of existing problem. The revised Development Agreement does include language changes from the last meeting, which clarifies that the noted Section 4.11 refers to the original 2009 Agreement. While not discussed at the October 18th Council meeting, there have been questions raised as to whether MNDOT can provide for a sub -base for a "right out" acceleration lane from the development on to TH 110, should there be a need for that access in the future. The MNDOT representative was firm in saying that a right out option from the development to TH 110 was not an acceptable option. He said that the addition of eastbound traffic from an acceleration lane would create accidents which would otherwise be avoidable with the approved "right in" only configuration. In all, staff is comfortable with the revised language in the Development Agreement. RECOMMENDATION I recommend the Council approve the revised 6th amendment to the Development Agreement. This will facilitate the developers' ability to close on the project on November 7th ACTION REQUIRED If the Council concurs, it should, by motion, approve the revised 6th Amendment to the Planned Unit Development Agreement dated April 30, 2009, by and between the Mendota Mall Associates--Outlots, LLP, and the City of Mendota Heights, Minnesota. Mark McNeill City Administrator This document drafted by: Siegel Brill, PA 100 Washington Avenue South Suite 1300 Minneapolis, MN 55401 612-337-6100 (AJG) page 232 SIXTH AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT THIS SIXTH AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT (this "Sixth Amendment") is made as of the day of , 2016 ("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") Mendota Mall Associates - Outlots, LLC, a Minnesota limited liability company, having its principal office at 5320 West 23rd Street, Suite 205, St. Louis Park, Minnesota 55416, its successors and assigns as permitted herein ("Developer") and Mendota Plaza Apartments, LLC (or an affiliate thereof) its successors and assigns as permitted herein ("Mendota Plaza Apartments"). WITNESSETH: WHEREAS, the City and Mendota Mall Associates, LLP, a Minnesota limited liability partnership, 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"), 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"), as amended by that certain Fourth Amendment to Planned Unit Development Agreement dated November 28, 2011, recorded April 10, 2012, as Doc. No. 2860812 ("Fourth Amendment"), and as amended by that certain Fifth Amendment to Planned Unit Development Agreement dated July 3, 2012, recorded July 12, 2012, as Doc. No. 2879898 ("Fifth Amendment") (collectively referred to as "Agreement"); WHEREAS, Mendota Mall Associates, LLC, a Minnesota limited liability company, as successor in interest to Mendota Mall Associates, LLP, a Minnesota limited liability partnership, conveyed title to Lots 3, 4, 5, 7 and 8, Block 1, Outlots A, B, C, D and E, Mendota Plaza Expansion, Dakota County, Minnesota to the Developer pursuant to that certain Limited Warranty Deed dated June 11, 2015, recorded June 25, 2015, as Doc. No. 3074859. WHEREAS, the City has adopted a resolution approving the preliminary plat and final plat for Mendota Plaza Expansion Second Addition evidencing the subdivisiori°ed2te re - platting of Lots 3, 4 and 5, Block 1, and Outlot C, Mendota Expansion into Lot 1, Block 1, Lot 1, Block 2, and Outlots A and B, Mendota Plaza Expansion Second Addition, Dakota County, Minnesota. WHEREAS, the Developer and City desire to enter into this Sixth Amendment to Planned Unit Development Agreement to set forth certain changes to the Agreement related to Lot 1, Block 1, Lot 1, Block 2 and Outlots A and B Mendota Plaza Expansion Second Addition, Dakota County, Minnesota (formerly Lots 3, 4 and 5, Block 1, Mendota Plaza Expansion). WHEREAS, the Developer, or an affiliate, plan on installing the access drive, utilities and certain other improvements necessary for the development of the Second Addition (the "Infrastructure Improvements"). WHEREAS, the Developer, or an affiliate, plan on constructing two multi -tenant restaurant/retail buildings on Lot 1, Block 1 Mendota Plaza Expansion Second Addition (the "Commercial Improvements"). WHEREAS, the Developer plans on conveying Lot 1, Block 2 Mendota Plaza Expansion Second Addition to Mendota Plaza Apartments. Mendota Plaza Apartments plans on constructing an apartment building on Lot 1, Block 2 Mendota Plaza Expansion Second Addition (the "Apartment Improvements"). WHEREAS, pursuant to the terms of this Amendment, Developer will not be responsible for and will be released from any obligations regarding the installation of any improvements to Lot 1, Block 2 Mendota Plaza Expansion Second Addition, the posting of the requisite security therefore or any other obligations regarding Lot 1, Block 2 Mendota Plaza Expansion Second Addition, following Developers conveyance of Lot 1, Block 2 Mendota Plaza Expansion Second Addition to Mendota Plaza Apartments. 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 existing terms re -defined in this Amendment of the following new terms which will be defined as follows (or as are defined elsewhere in this Sixth Amendment): a. Lot 1 Second Addition: Lot 1, Block 1 Mendota Plaza Expansion Second Addition containing approximately 2.0 acres (88,919 square feet as designated on EXHIBIT A) upon which an 10,860 square foot multi -tenant restaurant/retail buildings will be constructed, as illustrated on the Elevation and Floor Plan attached hereto as EXHIBIT B. b. Lot 2 Second Addition: Lot 1, Block 2 Mendota Plaza Expansion Second Addition containing approximately 2.2 acres (96,043 square feet as designated on EXHIBIT A) upon which a multi -family apartment building will be constructed, as illustrated on the Elevation and Floor Plan attached hereto as EXHIBIT B-1. c. Outlot A, Second Addition: Outlot A, Mendota Plaza Expansion Second Addition containing approximately 0.7 acres (30,097 square feet) designated on EXHIBIT A) upon which an access drive and an underground storm water detention system will be constructed. page 234 d. Outlot B, Second Addition: Outlot B, Mendota Plaza Expansion Second Addition containing approximately 0.006 acres (269 square feet) designated on Exhibit A and entirely within a drainage and utility easement. e. Mendota Plaza Expansion Second Addition Plat: Mendota Plaza Expansion Second Addition Plat shall mean the Plat attached hereto as EXHIBIT C, which identifies the re -platting of Lots 3, 4 and 5, Block 1 and Outlot C, Mendota Plaza Expansion. f. Second Addition Property: Second Addition Property shall mean Lot 1, Block 1 Mendota Plaza Expansion Second Addition, Lot 1, Block 2 Mendota Plaza Second Addition and Outlots A and B Mendota Plaza Second Addition. g. Second Addition Improvements: The Second Addition Improvements shall be the improvements to the Second Addition Property identified on the Plans. h. Plans. The Plans approved by the City for the improvement and development and signage of the Second Addition Property, including, without limitation, those attached hereto as EXHIBIT D (collectively referred to as the "Plans"). i. Mendota Plaza Design Standards. Exhibit H to the Agreement. 2. Revised Site Plan for Lots 3, 4 and 5. EXHIBIT A is hereby amended to include the Revised Site Plan for the Second Addition Property attached hereto as EXHIBIT A, in lieu of the depiction of Lots 3, 4 and 5 in EXHIBIT A to the Agreement. 3. Resolution not Affecting Lots 3, 4 and 5. The City agrees that Resolution No. 04-30 recorded in the office of the Dakota County, Minnesota, Recorder on June 29, 2006 as Document No. 2441626 does not affect Lots 3, 4 or 5. 4. EXHIBIT B Restaurant/Retail Elevation. EXHIBIT B attached to the Agreement shall be deleted and replaced with the Revised Elevation Plans attached hereto as EXHIBIT B as it relates to the improvements to be constructed on Lot 1 Second Addition. 5. EXHIBIT B-1 Apartment Improvements Elevation. EXHIBIT B attached to the Agreement, shall be deleted and replaced with the Revised Elevation Plan attached hereto as EXHIBIT B-1 for improvements to be constructed on Lot 2 Second Addition. 6. Conveyance of Lot 2 Second Addition. Following the conveyance of Lot 2 Second Addition by the Developer to Mendota Plaza Apartments, LLC as evidenced by the recording of a deed for said Lot from the Developer to Mendota Plaza Apartments, Mendota Plaza Apartments shall become the "developer" with respect to all terms and conditions of the Agreement regarding the improvements to be made to Lot 2 Second Addition and the operation of the apartment building thereon. The Developer will have no obligations under the Agreement or this Sixth Amendment with respect to Lot 2 Second Addition, and Mendota Plaza Apartments will have no obligations under the Agreement or this Sixth Amendment with respect to Lot 1 Second Addition. 7. Development of Second Addition Property in Accordance with the Plans. A. Developer will develop Lot 1 Second Addition and complete the Infrastructure Improvements (including those within Outlot A) in aceSaVg with the Plans which have been approved by the City. Failure of the Developer to complete said improvements in accordance with the Plans, shall be an Event of Default by Developer under this Sixth Amendment. B. Mendota Plaza Apartments will develop Lot 2 Second Addition in accordance with the Plans which have been approved by the City. Failure of Mendota Plaza Apartments to complete the Apartment Improvements in accordance with the Plans, shall be an Event of Default by Mendota Plaza Apartments under this Sixth Amendment. 8. Conditions and Project Specific Approvals to the Development of the Second Addition Property. The following conditions apply to the Commercial Improvements and Apartment Improvements with the Developer being responsible for the Commercial Improvements and Mendota Plaza Apartments being responsible for the Apartment Improvements (with no joint or several liability between said parties): a. 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 staff and verified as part of the building permit review process. b. 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 seventy-five (75%) opacity year round. c. The owner, commercial 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 identified on the approved site or landscape plan (as part of the Plans) and which have died shall be replaced as soon as seasonal or weather conditions allow. d. The Developer and Mendota Plaza Apartments shall comply with the following parking requirements, in accordance with the approved Plans: i. The Commercial Improvements shall include a minimum of 106 off-street parking stalls as identified on EXHIBIT A. ii. No Parking signs shall be posted around Outlot A and compact stalls shall be appropriately -denoted. iii. The Apartment Improvements shall include a minimum of 237 off-street parking stalls as identified on EXHIBIT A. iv. The Apartment Improvements shall include, as part of the 237 off-street parking stalls, a minimum of 40 guest/visitor parking stalls, of which at least 20 stalls shall be located within the underground parking structure. e. The size of the combined restaurant space(s) on Lot 1 Second Addition shall not exceed 8,500 square feet without approval from the City. f. The proposed parking stall dimensions included in the Plans are approved. page 236 g. The floor area ratio for the Apartment Improvements shall be in accordance with the approved Plans and the Mendota Plaza Design Standards are hereby amended to allow for the floor area set forth in the Plans, notwithstanding that such floor area exceeds the maximum ratio permitted by the existing Mendota Plaza Design Standards. h. 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 any building permits. i. The Lighting Plan included within EXHIBIT D is approved. 9. Infrastructure Improvements. The Developer and Mendota Plaza Apartments, as applicable, shall be required to provide the following to the Engineering Department: a. Performance Bond for the infrastructure improvements in compliance with Section 3.7 of the Original Agreement. b. Annual inspection report on the underground storm water retention infrastructure. c. Verification of geotechnical requirements being installed in accordance with approved Plans. 10. Landscape and Utility Plans. The Landscape and Utility Plans attached hereto within EXHIBIT D shall replace any improvements identified on the Landscape and Utility Plans attached to the Original Agreement as it relates to the development of and improvement to the Second Addition Property. 11. Landscape Letter of Credit. A. Prior to issuance of a building permit for the Commercial Improvements to be made to the Second Addition Property, 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 in form reasonably acceptable to the City in an amount of up to one hundred fifty (150%) (as determined by the City Administrator or designee) of the full cost of all landscaping, irrigation, and fencing to be installed on Lot 1 Second Addition. 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) shall be determined by the City in the exercise of its reasonable judgement. The City shall if requested by the Developer, return the letter of credit or bond to the Developer after the landscape portion of the improvements to Lot 1 Second Addition 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 for Lot 1 Second Addition. B. Prior to issuance of a building permit for the Apartment Improvements to be made to Lot 2 Second Addition, Mendota Plaza Apartments 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 in form reasonably acceptable to the City in an amount of up to one hundred fifty (150%) (as determined by the City Administrator or designee) of the full cost of all landscaping, irrigatioR,18d2encing to be installed on Lot 2 Second Addition. After one (1) complete growing season, Mendota Plaza Apartments may request a release (partial or total) of the letter of credit or bond; provided, however, that the amount to be released (if any) shall be determined by the City in the exercise of its reasonable judgement. The City shall if requested by Mendota Plaza Apartments, return the letter of credit or bond to Mendota Plaza Apartments after the landscape portion of the improvements to Lot 2 Second Addition 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 for Lot 2 Second Addition. 12. Section 3.1 Commencement of Development. Section 3.1 is hereby deleted in its entirety and replaced with the following: "Subject to Unavoidable Delays, the Developer shall use commercially reasonable efforts to commence the Infrastructure Improvements on the Second Addition Property on or before June 30, 2019 in accordance with the terms and conditions of this Amendment and, after commencement, shall complete said improvements with commercially reasonable diligence." 13. Section 3.2 Completion of Development. Section 3.2 is hereby deleted in its entirety, as said Section relates to the Second Addition. 14. Section 4.11 Traffic Improvements, including South and North Plaza Drive/Dodd Road (TH 149) Intersection. Section 4.11 of the 2009 Development Agreement is hereby amended to delete any obligations of the Developer to complete any improvements to TH 110 and Dodd Road included in the Traffic Study. The Developer has provided the City with a Traffic Impact Study dated August 8, 2016, prepared by Spack Consulting ("2016 Traffic Study"). The Developer acknowledges that the City has expressed concerns over the impact of the Second Addition Improvements on the intersection of South Plaza Drive and Dodd Road as well as the intersection of North Plaza Drive and Dodd Road. If, as a direct result of the Commercial Improvements and Apartment Improvements, the Level of Service falls to an overall below Level of Service F at either of these intersections as set forth in the 2016 Traffic Study without the installation of infrastructure improvements or the adoption of traffic mitigation procedures or improvements, as determined by a qualified traffic engineer reasonably acceptable to the Developer and the City; the Developer and Mendota Plaza Apartments will together be responsible for the City's share of the cost to bring the intersections performances to a Level of Service D or better. 15. Section 4.2 Building Height and Material. The second sentence of Section 4.2 is hereby deleted and replaced with the following: "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)." 16. Consent to Transfer of Lot 1, Block 2, Mendota Plaza Expansion Second Addition. 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 1, Block 2, N4i8i8o4a8Plaza Expansion Second Addition to Mendota Plaza Apartments. 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 consents to transfer Lot 2 Second Addition to Mendota Plaza Apartments as the City has received evidence of delivery of financial qualifications of Mendota Plaza Apartments in form from Mendota Plaza Apartments' lender that said lender would commit to loan Mendota Plaza Apartments funds or as to the general creditworthiness of Mendota Plaza Apartments to allow fulfillment of the obligations undertaken pursuant to this Agreement by the Developer as to Lot 2 Second Addition. 17. Park Dedication Fees. The Developer has paid a park dedication fee of $185,693 as required in Section 5.4 of the Agreement, which amount satisfies the park dedication requirement for the retail/ restaurant building to be constructed on Lot 1 Second Addition. The required park dedication for Lot 2 Second Addition is $556,000 (which is based on $4000 per unit for 139 units) for the multi -family apartment building to be constructed said lot. The developer of Lot 2 Second Addition has a park dedication credit in the amount of $44,600 for a trail connection and shall have said amount reduced from the $556,000 current park dedication resulting in a remaining payment of $511,400. 18. Event of Default. Notwithstanding anything to the contrary in this Sixth Amendment or the Agreement, an Event of Default by the Developer or Mendota Plaza Apartments, shall not be considered to be an Event of Default against the non -defaulting party. Accordingly, by way of example, if Mendota Plaza Apartments defaults under any term and condition obligating Mendota Plaza Apartments, the City shall have no claim against the Developer. to: 19. Wetlands Permit. A. The Developer shall begin the work authorized by the wetlands permit within ninety (90) days from the date of issuance of said permit, or obtain an extension as permitted by City Code. B. The Developer shall complete the work authorized by the wetlands permit within the twelve (12) months from the date of issuance of said permit, or obtain an extension as permitted by City Code. 20. Notice. Any notice under the Agreement to Mendota Plaza Apartments shall be sent With a simultaneous copy to: Mendota Plaza Apartments, LLC Attn: Michael E. Cashill 616 Lincoln Avenue St. Paul, MN 55102 Email: mcashill@aha-mn.com Mendota Plaza Apartments, LLC Attn: Leanna M. Stefaniak 616 Lincoln Avenue St. Paul, MN 55102 Email: lstefaniak@aha-mn.com 21. Signage. Section 4.5 of the Agreement is hereby deleted and replkagr 127v3tai the following: a. A comprehensive signage plan, to be approved by City staff, shall be required prior to issuance of any sign or building permits for the Commercial Improvements (but not the Infrastructure Improvements), as required by the Mendota Plaza Design Standards. b. The Mendota Plaza Design Standards are hereby amended to allow for temporary signage for qualifying events and shall not exceed fifty (50) square feet in area per surface and may be erected for no more thirty (30) days by permit from the City of Mendota Heights per the amendment to the Mendota Plaza Design Standards approved by the City Council on December 1, 2015. 22. Agreement to be Bound. Mendota Plaza Apartments expressly agrees to and assumes all of the obligations of the Developer under this Agreement as to Lot 2 Second Addition. Conveyance of Lot 2 Second Addition shall operate not to deprive or limit the City with respect to any rights, remedies, or controls provided in or resulting from the Agreement. 23. Exhibits. The following Exhibits constitute the approved plans and are attached hereto and by reference made part of this Amendment: Exhibit A Revise Site Plan for the Second Addition Property Exhibit B Elevation and Floor Plan for the Commercial Improvements Exhibit B-1 Elevation and Floor Plan for the Apartment Improvements Exhibit C Plat Exhibit D Approved Plans 24. 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. 25. Authority. The individuals executing this Sixth Amendment hereby represent and warrant that they are empowered and duly authorized to so execute this Sixth Amendment on behalf of the parties they represent. 26. Counterparts. This Sixth 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] IN WITNESS WHEREOF, the City has caused this Sixth Amendment to be duly €Suqea in its name and behalf, the Developer has caused this Sixth Amendment to be duly executed in its name and behalf, and Mendota Plaza Apartments has caused this Sixth 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: Mayor By: Its: City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 2016, by and , the Mayor and City Clerk, respectively, of the City of Mendota Heights, a Minnesota statutory city, on behalf of such city. Notary Public [Signature Page of the City of Mendota Heights to the Sixth Amendment to the Planned Unit Development Agreement dated , 2016] MENDOTA MALL ASSOCIAWg 241 OUTLOTS, LLC By: Howard A. Paster Its: Chief Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2016, by Howard A. Paster, the Chief Manager of Mendota Mall Associates — Outlots, LLC, a Minnesota limited liability company, on behalf of such limited liability company. Notary Public [Signature Page of Mendota Mall Associates — Outlots, LLC to the Planned Unit Development Agreement dated , 2016] MENDOTA PLAZA APARTMENT',ne2 By: Michael E. Cashill Its: President STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2016, by Michael E. Cashill, the President of Mendota Plaza Apartments, LLC, a Minnesota limited liability company, on behalf of such limited liability company. Notary Public [Signature Page of Mendota Plaza Apartments, LLC to the Sixth Amendment to the Planned Unit Development Agreement dated , 2016] EXHIBIT A REVISED SITE PLAN FOR LOT page 243 page 244 Exhibit B — Elevation and Floor Plans for the Commercial Improvements am mi s A 9 J 000000000000❑ r DDDD DEIM O . DOM ❑DDD ❑DISI 1 1" III ED El page 245 w I. e. th 1 d• 'P 0000000000000 m00000mo 000000mo 1• E E- T ELE =TI th page 246 Exhibit B-1— ELEVATION AND FLOOR PLANs FOR THE APARTMENTS IMPROVEMENTS CR TO: HNE 1 r Q 1 CD page 247 page 248 11 i ;i 14,1 00000000000000 0 ' 1: 1 MM 1 page 249 17�i�a 1I1eii11011 ; 00000000000000 1 141 12 12 12 1 I;- iE 'NE NE 12 12 ala EE MENDOTA PLAZA EXPANSION SECOND ADDITION EXHIBIT C PLAT 413 1 page 250 page 251 MENDOTA PLAZA EXPANSION SECOND ADDITION 11 lig lib 1111 Ills iIj Z2U.J LJ 0 1-z re re: Og u4 - 1'11 00 z z a z0� 5 zg�<Uo Lij 02 = s 0-u -/ g j s k 993919 1 n ; ; ; i,;ll! !I s,! IVisl (RI; qfl. x �� e3� i � �x. cli 3 i l - 17 l is i � E gqe 11 j[ '� i 1 ?•�. !i.11h n4 b g seg 16 iii 1 4 a1g1I pi! 11 311 ell ' r �� III h:, €I° ilyill'1.111J111111,1:11 ii °d�ii•=y�IN liloiloi 4 91 41 jj 111' illiE11d11j411g11111111,},1/111°1111 1111 [Sana�x 9°�11 *j*• *JA ih page 252 EXHIBIT D APPROVED PLANS page 253